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O 598ORDINANCE N0.598 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTERS 16.04 AND 16.16 OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE HISTORIC RESOURCE DESIGNATION PROCESS WHEREAS, the City's 2001 General Plan objectives and policies promote the designation, preservation, restoration, safety, and use of historic structures to enrich the lives of future generations by providing opportunities to enjoy and learn about the community's history; and WHEREAS, on August 23, 2005, the City Council adopted Ordinance 571, which created the Historic Resources Committee (HRC) and established a historical designation process.; and WHEREAS, key components of the HRC mission are to: • Promote the designation, preservation, restoration, safety and use of historic structures to enrich the lives of future generations, providing opportunities to enjoy and learn about the community's history; • Improve the local economy by attracting tourism and other business to the community; • Foster a sense of community identity and pride; • Stabilize and improve the economic value of historic properties and neighborhoods; • Enhance the community's aesthetics, interest, and unique historic character; • Encourage and provide incentives to property owners to preserve and restore historic properties, and to sensitively rehabilitate them for adaptive re-use when necessary; and WHEREAS, on March 19, 2008, in an effort to clarify and refine specific references, the HRC recommended that the City Council amend the Municipal Code by 1) adding new definitions; 2) more clearly define criteria used to nominate historic resources, 3) add findings associated with the designation process and 4) adopt The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings; and WHEREAS, on April 1, 2008, the Planning Commission held a public hearing and adopted a Resolution recommending the City Council approve Development Code Amendment Case No. 07-004 and amend the Municipal Code related to Historic Resources; and WHEREAS, on April 7, 2008, the Architectural Review Committee reviewed the proposed changes and made a recommendation the City Council to approve Development Code Amendment Case No. 07-004 and amend the Municipal Code related to Historic Resources; and ORDINANCE NO. 598 PAGE 2 WHEREAS, the City Council finds, after study, deliberation and public hearings, the following circumstances exist: A. The proposed amendments to Title 16 of the Municipal Code are consistent with the goals, objectives, policies and programs of the General Plan, especially C/OS4 which encourages the preservation of historic and cultural resources. B. The proposed amendments to Title 16 of the Municipal Code will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern, since the proposed changes will allow the nomination of relevant resources to the local register of historic resources. C. The proposed amendments to Title 16 of the Municipal Code are consistent with the purpose and intent of Title 16 including Municipal Code Seciton16.16.135, which provides for the identification, protection, enhancement, and perpetuation of the City's historical and architectural heritage. D. The City has conducted environmental review for adoption of an ordinance amending Title 16 of the Municipal Code, and has found that it can be seen with certainty that there is no possibility that the proposed amendments will have an effect on the environment and therefore this project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(b)(3); and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: SECTION 1: The above recitals and findings are true and correct SECTION 2: Arroyo Grande Municipal Code chapters and sections set forth herein below are hereby amended as shown in Exhibit "A" attached hereto and incorporated by this reference. a. Amend Section 16.04.070.C. in Chapter 16.04 to add, repeal or amend certain definitions; b. Amend Section 16.16.135 in Chapter 16.16 in its entirety. SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council ORDINANCE N0.598 PAGE 3 meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member Fellows, seconded by Council Member Guthrie, and by the following roll call vote to wit: AYES: .Council Members Fellows, Guthrie, Arnold, Costello, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this 13th day of May 2008. ORDINANCE NO. 59 ~ PAGE 4 TONY YOR ATTEST: . ~~~~ KELLY WE MOR CITY CLERK APPROVED AS TO CONTENT: .~-- ..,~ ST J ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOyHI~ J. C~AIFEL, CITY ATTORNEY ORDINANCE NO. 598 PAGE 5 EXHIBIT "A" Amend Section 16.04.070.C -Definitions (to add, repeal or amend the following definitions) "Contributing property" shall mean a building, structure, site, feature or object within an historic district that embodies the significant physical characteristics and features, or adds to the historical associations, historic architectural qualities or archaeological values identified for the historic district, and was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important information about the period. ~aL1ic+}nrin c•~r~ ~n~c01 mc•~nc ~rni eon ~n~~ arc fFf~4 ic•. moo+inn + ho rcn~ ~ircmcn~c fnr inrlivirl~ ~~I li~~inn nn +ho 1~1 ~4inn~1 Qenic4cr• f '~ Ini'li~iir 0 l~~~lhi licterl nn ~ c~.~~e in~ien~nni of hic~s~~ ~ in e.~.~4ee. ~~ii~F~ F~ie4nrin • ~~ n o~ }~~~} ~~~~t~f In+erinr nr rlircn~l~i h~i +ho C onrcf~ni of ~F~c In~crinr in ~ t ` "Historical resource" means buildings, structures, signs, features, sites, places, areas or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural or historical value to citizens of the City of Arroyo Grande that are: aid 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; and/or 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; and/or 3. Individually listed on or eligible for listing on the California Register of Historic Resources; and/or 4. Individually listed on a City inventory of historic resources or are determined to be eligible for listing on a City inventory of historic resources during the CEQA review process. ORDINANCE NO. 598 PAGE 6 "Integrity" shall mean the ability of a structure, site, improvement or natural feature to convey its significance through the survival of key elements of its original style, scale, materials and detailing. "Non-contributing property" shall mean a structure, site, improvement or natural feature located within the boundaries of a designated historic district that is not identified as a contributing property within the district. "Significance" (Historic Resource) - Means a resource that has been determined to be historically important to the community by meeting any of the criteria in Municipal Code Section 16.16.135.B. based upon consideration of information submitted in the record during the Historic Resource Designation process as outlined in Municipal Code Section 16.16.135 Minor use permit--Historic resource or district designation. Amend Section 16.16.135 Minor use permit--Historic resource or district designation. A. Purpose and Intent. The purpose of this section is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation and use of improvements, buildings, structures, signs, features, sites, places and areas within the city that reflect special elements of the city's historical, architectural, archaeological, cultural or aesthetic heritage for the following reasons: 1. To encourage public knowledge, understanding, appreciation, and use of the city's past; and 2. To foster civic pride in the beauty and character of the city and in the accomplishments of its past; and 3. To enhance the visual character of the city by encouraging new design and construction that complements the city's historical buildings; and 4. To increase the economic benefits of historic preservation to the city and its inhabitants; and 5. To protect property values within the city; and 6. To identify as early as possible and resolve conflicts between the preservation of historical resources/districts and alternative land uses; and 7. To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. ORDINANCE NO. 598 PAGE 7 B. Authority--Historic Resource/District Designation Criteria. The historic resources committee (HRC) is authorized to make recommendations to the community development director, planning commission or city council for minor use permit applications designating a-str~ ~^~~~-eit°~-~;~ historical resource or historic district ' if it meets any of the following criteria: . , . ; 1. It is the site of a significant local, county, state or national historic event. 2. It is strongly identified with a person who, or an organization, which significantly contributed to the culture, history or development of the community of Arroyo Grande, the County of San Luis Obispo, the State of California or the United States. 3. It is a particularly Good example of a period of history or architectural style and a structure of significant character, interest or value as part of the development, heritage or cultural characteristics of the city, county, state or nation. 4. It is one of the best or few remaining examples in the area possessing distinguishable characteristics of an architectural type or specimen. 5. It is a notable work of an architect or master builder whose individual works have significantly influenced the development of the city, county, state or nation. 6. It embodies elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation. 7. It has a unique location or singular physical characteristic representing an established and familiar visual feature of a district, community, county, state or nation. 8. The structure or location is located in a geographically definable area possessing a concentration of historic resources that visually contribute to each other and are unified aesthetically. C. Applicability. 1. A historical resource review shall be conducted according to Section ,~ ,~ '~11/r1\ 16.16.135(D) 2. Property that has been designated a historical resource or a historic district shall continue to be subject to all zoning ordinances that would apply to such property if it were not so designated or located. By designating historical resources~R and historic districts, the city council shall not be construed to be repealing or waiving any other portion of the zoning ordinance of the city as it applies to the designated property. D. Designation Process. ORDINANCE NO. 598 PAGE 8 Historical resources, ,and historic districts shall be designated by the community development director, planning commission a~ or city council upon the recommendation of the HRC and ARC in the following manner: 1. Initiation of Designation. Designation of a historical resource, r°°,~~ or a historic district may be initiated by (1) the owner of record of the property or s~s#~re resource (2) the HRC, (3) the ARC, ~4) the community development director, ~~ the planning commission, (a6) the city council, (67) by any resident of the city of Arroyo Grande or (68) any organization with a recognized interest in historical preservation. Applications for designation originating from ee~side other than the ^^^^'w~ee HRC must be accompanied by such historical and architectural information as is required by the committee to make an informed recommendation concerning the application, togetherwith the fee set by the city council. 2. Notice. The HRC shall publish and transmit +^ ^~~ .r,+°r°~+°~ .,.,r+,°~ , r~+ ^f lic~+ i+f .~r,v ~~+° ~+n ~nfi ~r° ^r °r°° ^^r,+°,r,°,~_++~ar°,.,. a notice informing property owners of *r~r-vrur~-.m , , historic resources proposed to be designated and all interested parties of the time and location of all meetings in which the designations will be discussed and considered. 3. Advisory Recommendations. The HRC and the ARC shall make recommendations on a proposed designation of a historic resources or historic districts to the community development director. 4. Community Development Director Decision. Except for concurrent applications as provided for in Section 16.12.070, the community development director is authorized to approve minor use permits for historic resource and historic district designations, subject to the appeal provisions of Section 16.12.150. The community development director shall prepare a written decision that shall contain the findings of fact upon which such decision is based. Copies of the decision shall be provided to the applicant and owners of the designated property or properties within the proposed historic district. 3-: 5. Public Hearing. , .A public hearing by the planning commission, pursuant to Section 16.1.2.160 of this title, shall be scheduled in the event that the property owner does not consent to the application for a proposed designation. 6. Findings -The community development director or the planning commission if the property owner does not consent, may designate the listing of a property as a historic resource only if all of the following findings of fact can be made in an affirmative manner: 1. The proposed protect is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan; 2. Based upon consideration of information submitted in the record during the Historic Resource designation process the property meets any of the criteria listed in 16.16.135.8. 3. The resource retains the integrity of the design, has not been inappropriately: a) altered; b) relocated; c) added to; or d) remodeled. 47. .Suspension of Work. While the ' ORDINANCE NO. 598 PAGE 9 . community development director, planning commission or city council, on appeal, is considering a historic designation, all development and building work on the site proposed for historic designation shall be suspended. E. Development and Building Permits. 1. No exterior alterations shall be made by any person to a historical resource, ae without a ~°~~°~^^^,°^* minor use permit and building permit ,nor shall the building official or planning commission grant any permit to carry out such work on a historical resource, e~ located in a historic district without the prior issuance of a minor use permit-- plotplan review pursuant to Section 16.16.0680 of this~Title. Decisions by the city pursuant to this section are "discretionary" and relate to "discretionary projects" as these terms are used in the California Environmental Quality Act (CEQA). Any permit, including a building permit, or other city approval that would authorize any change in the exterior of any proposed or designated ~~ historical resource, or the exterior of any structure, building or significant feature within a designated or proposed historic district, is a discretionary permit or approval within the meaning of CEQA. 2.Ordinary Maintenance and Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior feature of any structure or property covered by this section, so long as such maintenance and repair does not involve a change in exterior design, material or appearance. 3. Unsafe or Dangerous Conditions. None of the provisions of this section shall prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous conditions of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the building official or the fire chief, and where the proposed measures have been declared necessary by such official, to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. If the condition of an unsafe or dangerous historical resource, eatetaA so permits, the official in charge of overseeing correction of such a condition shall consult with the HRC, ARC and community development director before carrying out corrective measures. 4. Duty to Keep in Good Repair. The owner, lessees and any other person in actual charge or possession of a historical resource, , shall take all steps necessary to prevent: a. The substantial deterioration or decay of any exterior portion of such a resource of ORDINANCE NO. 598 PAGE 10 b. The substantial deterioration or decay of any interior portions thereof the maintenance of which is necessary to preserve any exterior portion. As used in this section, the term "substantial deterioration or decay" shall refer to those conditions of the structure or improvement which threaten the structural or historical integrity of the resource or improvement. 5. Showing of Extreme Hardship. If the applicant presents evidence clearly demonstrating to the satisfaction of the ~ HRC and community development director that failure to approve the application for a ~er~t minor use permit or building permit will cause an immediate extreme hardship because of conditions peculiar to the particular structure or other feature involved, the planning commission may approve or conditionally approve such application even though it does not meet the standards set forth in subsection ''~.''~.''''''~R`. 16.16.135.E.1. In determining whether extreme hardship exists, the s~ittee HRC shall consider evidence which demonstrates: a. Denial of the application will diminish the value of the subject property so as to leave substantially no value; b. Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district; c. Utilization of the property for lawful purposes is prohibited or impractical; d. Rental at a reasonable rate of return is not feasible. F. Additional Findings for the Alteration or Demolition of A a Designated Historic Resource. In evaluating applications for a~ the alteration of a designated historical resource, with a recommendation by the HRC and ARC, or the community development director, planning commission or #~e city council1 upon appeals shall consider the architectural style, design, arrangement, texture, materials, color and other factors and shall utilize The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. Proposed alterations found consistent with the Secretary of Interior's Guidelines shall be considered less than significant under the CEQA review process. The community development director, erne planning commission or city council1 upon appeal1 shall approve the issuance of a minor use permit ~er~ permit for any proposed alteration work if and only if it finds: a. With regard to a historical resource ,the proposed work will neither adversely affect the exterior architectural features of the resource nor adversely affect the character or historical, architectural or aesthetic interest or value of such resource and its site based upon consistency with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. b. With regard to any property located within a historic district, the proposed work conforms to the standards for the district adopted by the ^~ HRC, and does not adversely affect the character of the district. c. The work is consistent with the provisions in Section ~ ~.' ~." ~ ~~` 16.16.135(E). d. Demolitions. When application is made fora minor use permit or beildi~ demolition permit to demolish a historical resource , the HRC, ARC, Gcommunity development Odirector or ORDINANCE NO. 598 PAGE 11 planning Ocommission disapproval of the application shall mean that no development minor use permit or ~ demoltion permit shall be issued or demolition allowed until review and approval by the City is complete. OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San. Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 598 which was introduced at a regular meeting of the City Council on April 22, 2008; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 13~' day of May 2008; and was duly published in accordance with State law (G.C. 40806)... WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14~' day of May 2008.. KELLY TM E, CITY CLERK