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HomeMy WebLinkAboutCC AG PKT 2011-04-25 #AAGENDA STAFF REPORT DATE: April 25, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, Acting City Manager FROM: Mark Persico, AICP, Director of Development Services SUBJECT: HISTORIC DESIGNATION FOR THE BAY THEATRE - UPDATE (Deaton) SUMMARY OF REQUEST: This report provides an update to the City Council regarding the designation of the Bay Theatre as a historic structure. BACKGROUND AND ANALYSIS: On August 9, 2010, staff presented an item (see attachment A) to the City Council discussing three options for designating historic properties: federal protection through the National Historic Register, State protection through the California Register, and local protection under a City designed program. Based upon the preliminary research of staff, we do not believe the Bay Theatre would qualify under the federal or State programs. It is staffs recommendation that the best avenue to pursue historic designation would be the development of a local historic preservation program. A local ordinance and program would allow the greatest flexibility in determining how structures are designated and how those structures are to be protected. Historic preservation can be controversial if the community is not fully involved. I anticipate a nine month process of community meetings and working with the Planning Commission, City Council and City Attorney's Office in order to develop an ordinance. The two major long -range planning projects for the remainder of this fiscal year and next fiscal year are completion of the Housing Element and the Local Coastal Program. Given the two major initiatives that the Council has directed, staff estimates that work on this project could begin in early 2013. The Council does have the discretion to direct staff to reorder the projects priority. Agenda Item A Page 2 FISCAL IMPACT: None. RECOMMENDATION: That the City Council receive and file the staff report and /or provide further direction to staff. SUBMITTED BY: NOTED AND APPROVED: Q ou—'Q Mark H. Persico, ICP AIA Ingram, Director of Development Services Acting City Manager Attachment A. August 9, 2010 - City Council Staff Report ATTACHMENT " A " City Council Meeting: AUGUST 9, 2010 - STAFF REPORT AGENDA STAFF REPORT DATE: August 9, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Mark H. Persico, AlCP, Director of Development Services r, --, SUBJECT: HISTORIC PRESERVATION OPTIONS FOR THE BAY THEATRE (Shanks) SUMMARY OF REQUEST: Review of options to preserve the Bay Theatre at 340 Main Street. BACKGROUND AND FACTS: Although original building perr4s on file at City Hall, the Bay Theatre is believed to have been constructed in 1-94771194. it was part of the Fox Theater chain. The original architect of the building_is unknown. One note of interest on thd. is that Steven Spielberg used to watch moves at the Bay.Theate'r when he was a,,..stu at Cal State Long Beach in the mid- 1960's. a 'pag'p. from the website www.baytheatre.com. The Theafte is part of the Main Street Specific Plan area and helping retain the theater as i working theatb'e'*' uld fit well with the Vision for the Plan, which states. Main,Strdet area is particularty important because it is a cohesive for a city that is geographically fragmented. The vision for Main Street is small town America. Important features include a family town with friendly people who care for each other, a pedestrian-oriented area where people walk and fee/ safe on the street at night, and an area with both architectural and economic diversity with a mix of offices and businesses. Main Street is surrounded by an area of mixed housing types and institutions, creating a complete small town community. Although it is recognized that the area will have businesses that serve both residents and visitors, the goal is to not have visitor-serving uses overwhelm the area at the expense of the small town character. It is Agenda Item C Page 2 also recognized that when the weather and beach conditions are attractive, the demand for parking may exceed the supply." Staff has identified three levels of historic preservation that could be pursued: 1) adoption of City guidelines and ordinance, 2) designation as a state historic resource, and 3) designation as a National Historic Landmark. City Actions Presently, the City of Seal Beach does not have any codified provisions for local preservation of historic resources, landmarks, or structures. However, the City could choose to enact such a voluntary ordinance that would `allow for the preservation of such resources, landmarks, or structures and `could also define specific guidelines that would address any future- rehaliil tation;• modification, or demolition. As a voluntary Ordinance, property owners would not be forced in a historic designation status. The Bay Theatre'c"oul'd;.potentially be 'a ;qualifying structure. Additionally, if the City were to-designate individual structures or landmarks as being locally significant,: property owners could potentially enter into a Mills Act contract between the`property owner nd the City, to obtain a significant reduction in property taxes. State Designation The California Register program encourages public recognition and protection of resources of architectural;( historical, archeological and cultural significance, identifies historical resources for state ands lobal planning purposes, determines eligibility for state.- histonc grant and affords certain protections { under the Califomia_Environmental Quality Act (CEQA). The criteria for designation stipulate that to be eligible, a resource: �-<.\ �- : Is associated with events that have made a significant contribution �. to the broad patterns of local or regional history r the cultural `- heritage of California (Criterion 1). ry • Is associatedivith the lives of persons important to local, California, or history (Criterion 2). • Embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values (Criterion 3). • Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation (Criterion 4). By a state register designation, a resource is afforded limited protection under CEQA; the Building Official must grant code alternatives under the State Page 3 Historical Building Code; and the County assessor, via the local jurisdiction, may enter into a Mills Act contract for property tax reduction. Based on the information currently available to staff, it is unclear whether the Bay Theatre would meet the criteria for inclusion on the California Register. Federal Designation Much like the eligibility criteria for the California Register, the criteria for evaluation for the National Register includes those districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: 1 ' • That are associated with events that have made a: signifcant contribution to the broad patterns of'history; ors • That are associated with the lives.of significarit`persons in the past; or • That embody the distinctive.'charactenstics of a type, period, or method of construction, ,or that represent the work of a master, or that possess high artistic values, or,that' represent a significant and distinguishable entity whose: components may lack individual distinction; or _ `� ' • That has yielded;. or'may be likely' toyield, information important in history or prehistory. Properties that are included on the National Register are eligible for a 20% IRS tax credit. There is also \.a program which provides a 10% IRS tax credit, but this is reserved fo properties that �were built prior to 1936. Based on-the information currently available to staff, it is unlikely that the Bay Theatre would meet the criteria for inclusion on the National Register, but more information the buildings 6d be required before making a final determination. Mills Act: •_ r .- - 4 The Mills Act is state legislation that was enacted in 1972 to provide property tax relief to owners of historic properties for the purpose of assisting in the expense of restoration and maintenance of the property. To qualify, a historic property must be listed on a national, state, county, or city register. Under the program, property owners receive a significant reduction in local property taxes in exchange for their promise to actively participate in restoring, rehabilitating, repairing, and preserving their properties. The actual tax savings is calculated by the County Assessor's office using a state- mandated reassessment formula. Page 4 FINANCIAL IMPACT: Varies, depending on which, if any, designation could potentially be placed on the building. Staff will return to the City Council at a later date with a budget amendment based upon the selected option. RECOMMENDATION: That the City Council reviews the options above and provides appropriate direction to the City Manager. s� L st SUBMITTED BY: NOTED AND'APPROVED: Mark H. Persico, AICP A ;David Carm ny; Manager Director of Development Services ,l ,,Y '' .:< Prepared by: Jerry Olivera, Senior Planner.'!' t Vii` ti • :.. � � ,s+•.. Attachment: A. Bay Theater Website.-lnformation i `' .w,'' ATTACHMENT A BAY THEATER WEBSITE INFORMATION Bay Theatre Website WHAVS P LAYING CLASSIC F ILMS SILENT FILMS ORGAN H ISTORY PRICES GET DIRECTIONS E MA US LINKS Pagel of 2 The Bay Theatre: Showcasing New Hits .and Old classics ; ,y 1 %: • a �, .. . -fi SEAL BEACH - Since 1947, the Bay Theatre has stood near the corner of Pacific Coast Highway and Main Street in Seal Beach. Over the years it has been home to Mainstream Films, Suiting Films, and Concert Performances. Today we offer Independent and Foreign Films, plus special weekly screenings of Classic Films. Spend a day in Seal Beach enjoying the fine shops and restaurants, then come on down and visit us at the historic Bay Theatre! It's like a trip back in time! http:// www.baytheatre.com/table _page.htm 7/30/2010 Bay Theatre Website Page 2 of 2 For recorded information, please call (562) 431- 9988. Our address is: Bay Theatre 340 Main Street Seal Beach, CA 90740 1 , http:// www.baytheatre.com/table_page.htm 7/30/2010