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RECOMMENDING APPROVAL OF
AN ORDINANCE OF THE CITY OF SAN BUENAVENTURA
AMENDING CHAPTER 24.455 OF THE SAN BUENAVENTURA MUNICIPAL CODE REGARDING
PENALTIES FOR DESTRUCTION OF HISTORIC LANDMARKS
BE
IT RESOLVED by the Planning Commission of the
City of San Buenaventura as follows:
SECTION 1:
FINDINGS. The Planning Commission of the City of San Buenaventura hereby
finds as follows:
A.
The City Council of the City of San
Buenaventura has initiated revisions to Chapter 24.455 of the Municipal
Code of the City of San Buenaventura providing for penalties for
destruction of historic landmarks and demolition of a historic landmark;
and,
B.
Based on recommendations of the Historic
Preservation Committee and subsequent evaluation of those recommendations,
and the City Council’s direction given at its regular meeting of March 17,
2003 an amendment to Chapter 24.455 has been prepared for the Planning
Commission’s review and consideration; and
C.
The Planning Commission now recommends that
the City Council amend Chapter 24.445 of the Municipal Code of the City of
San Buenaventura to require reconstruction or restoration, or monetary
fines if reconstruction or restoration is not possible, as a result of any
demolition, relocation or significant alteration or removal of any
improvements, to historic landmarks, and to grant only the City the right
to authorize the demolition of a historic landmark structure.
SECTION 2:
All proceedings having been duly taken as required by law, and upon review
of the information provided in the staff report, review of the proposed
amendments to Chapter 24.455 of the Municipal Code of the City of San
Buenaventura, and consideration of the testimony given at the public
hearing, as well as other pertinent information in the record as a whole,
the Planning Commission hereby recommends that the proposed amendments to
Chapter 24.455 provides a desirable and reasonable exercise of the City’s
police power in the area of protection of historic landmarks in accordance
with the City’s authority as a Charter City granted by the Constitution of
the State of California, and will contribute to the orderly development of
the City and serve the public health, safety, and general welfare.
SECTION 3:
Chapter 24.455 of the City of San Buenaventura Municipal Code is hereby
amended to read as follows:
Chapter 24.455
Historic Preservation Regulations*
__________
*Cross references: Historic
preservation committee, ch. 2.430; historic downtown Ventura parking and
business approvement area, ch. 4.310; building and construction
regulations, div. 12; historic district HD overlay zone, ch. 24.340.
ARTICLE 1. GENERAL
PROVISIONS
Sec. 24.455.110. Purpose.
This chapter is adopted
pursuant to the municipal affairs provisions of the City Charter for the
purpose of establishing procedures for identifying, designating and
preserving historic landmarks or points of interest that were the site of
an historic event, that are connected with the life of an important
person, or that contain a building, structure, or other object that is
architecturally significant, representative of a type, period or
particular method of construction, or is associated with a significant
builder, architect, designer or artist.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.120. Definitions.
Unless the contrary is
stated or clearly appears from the context, the following definitions
shall govern the construction of the words and phrases used in this
chapter:
1.Historic district
means a geographically definable area possessing
a significant concentration, linkage or continuity of site, buildings,
structures and/or objects united by past events, or aesthetically by plan
or physical development, regardless of whether such a district may include
some buildings, structures, sites, objects, or open spaces that do not
contribute to the significance of the district.
A historic district can generally be
distinguished from surrounding areas (1) by visual change such as building
density, scale, type, age, or style; or (2) by historic documentation of
different associations or patterns of development. The number of
nonsignificant properties a historic district can contain yet still convey
its sense of time and place and historical development depends on how
these properties impact the historic district's integrity.
2. Landmark means
any real property such as building, structure, or archaeological
excavation, or object that is unique or significant because of its
location, design, setting, materials, workmanship or aesthetic feeling,
and is associated with:
(a) Events that have
made a meaningful contribution to the nation, state or community;
(b) Lives of persons who
made a meaningful contribution to national, state or local history;
(c) Reflecting or
exemplifying a particular period of the national, state or local history;
(d) Embodying the
distinctive characteristics of a type, period or method of construction;
(e) The work of one or
more master builders, designers, artists or architects whose talents
influenced their historical period, or work that otherwise possesses high
artistic value;
(f) Representing a
significant and distinguishable entity whose components may lack
individual distinction; or
(g)
Yielding, or likely to yield, information
important to national, state or local history or prehistory.
3. Point of interest
means any real property or object:
(a) That is the site of a
building, structure or object that no longer exists but was associated
with historic events, important persons, or embodied a distinctive
character of architectural style;
(b) That has historic
significance, but was altered to the extent that the integrity of the
original workmanship, materials or style is substantially compromised;
(c) That is the site of a
historic event which has no distinguishable characteristics other than
that a historic event occurred there and the historic significance is
sufficient to justify the establishment of a historic landmark.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.130. Authority to declare or remove a landmark or
point of interest designation.
The City Council shall have
the sole authority to declare landmarks or points of interest and to
remove such designations.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.140. Notice.
Unless otherwise provided,
the following requirements shall apply to all notices required by this
chapter:
1. The owner or owners
of the subject property directly affected by the proposed action to be
taken shall be given ten days' written notice of the public hearing by
mail. 2. Notice shall be
deemed given when a properly addressed envelope, postage prepaid,
containing such notice is placed in a depository for U.S. mail.
3. Notice shall be
deemed waived when the proposed action to be taken solely concerns
city-owned property or the owners of the subject property have given their
consent in writing to the designation.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.150. Private
property rights.
Designation of a landmark or
historic point of interest is not intended, and shall not be construed, to
infringe upon the rights of a private property owner to make any and all
reasonable uses of such landmarks consistent with the purpose of this
chapter.
(Ord. No. 2003-003, § 4,
4-28-03)
ARTICLE 2. DESIGNATING
LANDMARK/POINT OF INTEREST
Sec. 24.455.210.
Recommendation by Historic Preservation Committee.
After a public
hearing, the Historic Preservation Committee may, by resolution, recommend
to the Planning Commission that, pursuant to the standards set forth in
this chapter, a subject be declared a landmark or point of interest or
otherwise acquired or made such by application to the appropriate
by any person, entity, group, or body. However, the property owners’
consent must be obtained prior to any such recommendation.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.220. No alteration during consideration.
From the time the Historic
Preservation Committee adopts a recommendation that a property be declared
a landmark until the time the City Council either declares, or decides not
to declare, that property a landmark, the time period involved not to
exceed the time period specified in this chapter for the City Council to
begin consideration thereof, and including any continuances, it shall be
unlawful for the property owner or any other person to carry out or to
cause the defacing, demolishing, altering, or removing of, or constructing
of any additions to, the proposed landmark and any such act shall
constitute a misdemeanor.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.230. Planning Commission appeal.
If, after a public hearing,
the Historic Preservation Committee decides not to recommend that a
subject be declared a landmark or point of interest pursuant to this
chapter, such decision may be appealed to the Planning Commission in
accordance with the time limits and other provisions set forth in Division
24 of this Code relating to appeals of Planning Commission decisions to
the City Council.
(Ord. No. 2003-003, §
4, 4-28-03)
ARTICLE 3. DESIGNATING
LANDMARK/POINT OF INTEREST; PLANNING COMMISSION ACTION
Sec. 24.455.310.
Procedure hearing.
A. The Planning
Commission shall set a date and convene a public hearing within 90 days
from the date that the Historic Preservation Committee adopts a resolution
recommending the declaration of a landmark or point of interest.
B. The Planning
Commission may continue the public hearing or, following the close of the
public hearing, may continue its consideration of the proposed declaration
of a landmark a point of interest for a period of time deemed reasonable
and appropriate by the Planning Commission taking into account, among
other things, the continuing development prohibitions imposed on the
property by this chapter.
C. The public hearing
may be waived if the owner or owners of the subject property give their
consent in writing to the designation.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.320. Recommendation by Planning Commission.
Following the public
hearing, the Planning Commission may, by resolution, recommend to the City
Council that, pursuant to the standards set forth in this chapter, a
subject be declared a landmark or point of interest or otherwise acquired
or made such by application to the appropriate person, entity, group, or
body.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.330. City Council appeal.
If, after a public hearing,
the Planning Commission decides not to recommend that a subject be
declared a landmark or point of interest pursuant to this chapter, such
decision may be appealed to the City Council in accordance with the time
limits and other provisions set forth in Division 24 of this Code relating
to appeals of Planning Commission decisions to the city council.
(Ord. No. 2003-003, § 4,
4-28-03)
ARTICLE 4. DESIGNATING
LANDMARK/POINT OF INTEREST; CITY COUNCIL ACTION
Sec. 24.455.410. Public hearing.
A. The City Council may,
but is not required to, convene a public hearing within 90 days from the
date of adoption by the Planning Commission of a resolution recommending
the declaration of a landmark or point of interest.
B. The City Council may
continue the public hearing, or, following the close of the public
hearing, may continue its consideration of the proposed declaration of a
landmark a point of interest, for a period of time deemed reasonable and
appropriate by the City Council taking into account, among other things,
the continuing development prohibitions imposed on the property by this
chapter.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.420.
Consideration of recommendation.
If the City Council does not
convene a public hearing, it shall consider the Planning Commission's
recommendation at the next available regularly scheduled City Council
meeting.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.430. Applicable standards.
The City Council's action on
the Planning Commission's recommendation shall be subject to the following
standards:
1. The landmark or point
of interest shall be substantially in accordance with the definitions of
"landmark" or "point of interest."
2. The landmark or point
of interest shall have significance to the people of the city.
3. The landmark or point
of interest shall not require the expenditure by the city of any amount of
money not commensurate with the actual or aesthetic value of the subject
to be preserved.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.440. Vote by council; content of resolution.
A. If the City Council
decides to declare any real property or object to be a landmark or point
of interest, such declaration shall be by City Council resolution and may
be based upon the Planning Commission's recommendation.
B. Resolutions approving
a landmark or point of interest designation will include a legal
description of the property involved including lot and block number and
the name of the property owner and will be duly recorded by the city clerk
in the county recorder's office.
(Ord. No. 2003-003, § 4,
4-28-03)
ARTICLE 5.
PROHIBITION--DEMOLITION OR RELOCATION
Sec. 24.455.510. Generally.
It
shall be unlawful for the property owner or any other person to carry out,
cause, or to permit the demolition or relocation of a designated historic
landmark. Any such act shall constitute a misdemeanor and:
1.
The owner shall pay to
the city the greater of $10,000 or the appraised value of the landmark
before demolition occurred minus the appraised value after such action.
The appraised values shall be determined by an appraiser selected by the
City and certified by the State of California; and
2.
No building permits
shall be issued for new development on the property for a period of five
(5) years from the date of demolition.
Sec.
24.455.520. Exceptions.
Notwithstanding other
provisions of this article, the demolition or relocation of a historic
landmark shall not constitute a misdemeanor as prescribed in Section
2.430.510 if:
Prior approval
of the action was received from the Historic Preservation Committee or, on
appeal, from the Planning Commission or, on appeal, the City Council. ;
ARTICLE 6.
PROHIBITION--EXTERIOR CHANGES
Sec. 24.455.610.
Generally.
It
shall be unlawful for the property owner or any other person to carry out
or to cause the defacing, altering, or reconstruction of, or the
construction of additions to, or any other changes to, the exterior of a
designated historic landmark. Any such act shall constitute a misdemeanor
and
1. shall be abated by reconstructing or restoring the property to its
original condition prior to the performance of work. All plans prepared
for such required reconstruction or restoration must obtain prior approval
of the Historic Preservation Committee.
2. If restoration or reconstruction is not possible, the
owner shall pay to the city the greater of $10,000 or the appraised value
of the landmark before defacing, altering, or reconstruction of, or the
construction of additions to, or any other changes to, occurred to the
exterior of a designated historic landmark minus the appraised value after
such action The
appraised values shall be determined by an appraiser selected by the City
and certified by the State of California.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.620. Exception.
Notwithstanding other provisions of this article, exterior changes to a
landmark shall not constitute a misdemeanor if the property owner or other
person obtained prior design review approval from the design review
committee of the action in accordance with Division 24 of this
Code.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.630. Appeals.
Decisions of the Design
Review Committee pursuant to this article shall be appealable to the City
Council pursuant to the same procedures set forth in Division 24 of this
Code relating to appeals of Planning Commission decisions to the City
Council.
(Ord. No. 2003-003, § 4,
4-28-03)
ARTICLE 7. PRESERVATION
AND IDENTIFICATION
Sec. 24.455.710. Preservation of landmarks.
A. The City Council may
make any reasonable arrangements to preserve landmarks. These may include
establishment of a private or public fund for preservation of historic
landmarks or contractual agreements with property owners for the
maintenance and preservation of facade easements or public access to the
structure.
B. The Historic
Preservation Committee may seek private funds to preserve landmarks and
otherwise seek to involve private groups in the preservation of landmarks.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.720. Identification of declared landmarks and points of
interest.
A. Upon declaration of a
landmark or point of interest by the City Council, the Historic
Preservation Committee may determine which landmarks or points of interest
shall be marked with uniform and distinctive markers and specify the form
thereof.
B. The historic
preservation committee shall maintain and make available to the general
public a list of all such declared landmarks or points of interest.
(Ord. No. 2003-003, § 4,
4-28-03)
ARTICLE 8. REMOVAL OF
DESIGNATION
Sec. 24.455.810. Request.
A request to remove a
landmark or point of interest designation may be initiated by:
1. Written application
of the subject property's owner;
2. The city council; or
3. The historic
preservation committee.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.815.
Recommendation by committee.
A. After receiving a
request, the Historic Preservation Committee shall hold a public hearing.
B. The committee may
recommend, by resolution, to the Planning Commission that the landmark or
point of interest designation be removed if:
1. The property ceased
to meet the criteria for designation because its notable qualities were
removed, lost, destroyed, or altered to the extent that it no longer
retains its original character; or
2. The property
otherwise no longer meets the standards set forth in this chapter.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.820. Planning
Commission procedure; public hearing.
A. The Planning
Commission shall set a date and convene a public hearing within 90 days
from the date of adoption by the Historic Preservation Committee of a
resolution recommending the removal of a landmark or point of interest
designation.
B. The Planning
Commission may continue the public hearing, or, following the close of the
public hearing, may continue its consideration of the proposed removal of
the landmark a point of interest designation for a period of time deemed
reasonable and appropriate by the planning commission.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.825. Recommendation by Planning Commission.
Following the public
hearing, the Planning Commission may, by resolution, recommend to the City
Council that, pursuant to the standards set forth in this chapter, a
subject previously declared a landmark or point of interest have such
designation removed.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.830. City Council appeal.
If, after a public hearing,
the Planning Commission decides not to recommend that a landmark or point
of interest designation be removed, such decision may be appealed to the
city council in accordance with the time limits and other provisions set
forth in Division 24 of this Code relating to appeals of Planning
Commission decisions to the city council.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.835. City
Council procedure.
A. The City Council may,
but is not required to, convene a public hearing within 90 days from the
date of adoption by the Planning Commission of a resolution recommending
the removal of a landmark or point of interest designation.
B. The City Council may
continue the public hearing, or, following the close of the public
hearing, may continue its consideration of the proposed declaration of a
landmark a point of interest, for a period of time deemed reasonable and
appropriate by the city council taking into account, among other things,
the continuing development prohibitions imposed on the property by this
chapter.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.840. Consideration of recommendation.
If the City Council does not
convene a public hearing, it shall consider the Planning Commission's
recommendation at the next available regularly scheduled City Council
meeting.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.845. Standards for removal.
The recommendation of the
Planning Commission that the City Council remove a landmark or point of
interest, and the City Council's action thereon, shall be subject to the
following standards:
1. The landmark or point
of interest does not substantially conform with the definitions of
"landmark" or "point of interest,"
2. The landmark or point
of interest no longer has significance to the people of the city;
3. The landmark or point
of interest requires the expenditure by the city of an amount of money not
commensurate with the actual or aesthetic value of the subject to be
preserved.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.850. Vote; resolution.
The City Council may, by
resolution, remove real property or an object from landmark or point of
interest designation based upon the Planning Commission's recommendation.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.855. Content and recording of resolution.
Resolutions removing
landmark or point of interest designation shall include a legal
description of the property involved including lot and block number and
the name of the property owner and will be duly recorded by the city clerk
in the county recorder's office.
(Ord. No. 2003-003, § 4,
4-28-03)
ARTICLE 9. HISTORIC
DISTRICTS
Sec. 24.455.910. Recommendation by Historic Preservation Committee.
A. Upon receiving an
application to establish a historic district, the Historic Preservation
Committee shall hold a public hearing where it will review the descriptive
materials, proposed architectural and development guidelines, and all
other exhibits required by Division 24 of this Code for establishing a
historic district overlay zone.
B. If, after the public
hearing, the committee determines that an application meets the
requirements for a historic district overlay zone, it may forward the
application to the planning commission and recommend a zone change to
establish a historic district overlay zone.
C. Nothing in this
chapter is intended to, nor shall be construed to, confer authority on the
Historic Preservation Committee to carry out design review of any land
uses within an established HD overlay zone.
(Ord. No. 2003-003, § 4,
4-28-03)
Sec. 24.455.920. Planning Commission action.
The Planning Commission
shall review and consider any application and recommendation it receives
from the Historic Preservation Committee for establishing a historic
district overlay zone in accordance with Division 24 of this Code.
(Ord. No. 2003-003, § 4,
4-28-03)
SECTION 4: SEVERABILITY.
If any
section, subsection, paragraph, sentence, clause, phrase or word of this
Ordinance is declared by a court of competent jurisdiction, adjudicated to
a final determination, to be invalid, this City Council finds that said
invalidated part is severable, and that this City Council would have
adopted the remainder of this Ordinance without the severed and
invalidated part, and that the remainder of this Ordinance shall remain in
full force and effect.
SECTION 5: EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council hereby
determines that this ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code Section 21000,
et seq., “CEQA”) and the regulations promulgated thereunder (14 California
Code of Regulations Sections 15000, et seq., the “State CEQA Guidelines”)
because it consists only of procedural changes that include reorganization
of responsibilities among the City’s decision-making authorities and will
not have the effect of deleting or substantially changing any regulatory
standards, approvals, or the findings required by law therefore. This
ordinance, therefore, is not a project that has the potential to cause
significant physical effects on the environment and is not subject to CEQA
pursuant to State CEQA Guidelines Sections 15061 and 15378.
SECTION 6: EXISTING VIOLATIONS.
The repeal of any Ordinance or
provision of the San Buenaventura Ordinance Code by the enactment of this
Ordinance shall not have the effect or releasing or extinguishing any
penalty, forfeiture, or liability previously incurred, or of precluding
prosecution and imposition or penalty with respect to any violation having
occurred prior to the effective date hereof. Any such repealed Ordinance
or provision shall be treated as remaining in full force and effect for
the purpose of sustaining any proper action or prosecution for the
enforcement of such penalty, forfeiture, or liability, or any prosecution
and imposition of penalty with respect to any violation having occurred
prior to the effective date hereof.
PASSED
AND ADOPTED this 5th day
of October, 2004.
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Oxnard (March 4, 2009)
