HomeMy WebLinkAboutItem KSeptember 25, 2000
STAFF REPORT
To: Mayor Campbell and Members of the City Council
Attention: Donald F. McIntyre, Acting City Manager
From: Lee Whittenberg, Director of Development Services
Subject•. HISTORIC PRESERVATION PROGRAM -
OVERVIEW REPORT AND REQUEST FOR
DIRECTION
SUMMARY OF REQUEST
Provide direction to Staff.
DISCUSSION
On January 24, 2000, Councilman Boyd placed an item on the City Council agenda regarding
"Housing Preservation Ordinance". At the conclusion of City Council discussion on this matter the
Council directed the City Manager and City Attorney to compile information for an ordinance
defining an historic home, incentive for restoration and the determination of appropriate
restomdon/preservation standards. Refer to Attachment 2 for the City Council Minute excerpt of
this discussion.
This matter was on the City Council Agenda of March 13, 2000. Refer to Attachment 3 for the City
Council Minute excerpt of that action. At that time the City Council determined to continue this
matter to the last meeting in April, 2000. The matter was not placed on that agenda and has been
pending since that action of the City Council.
Staff is uncertain as to the desire of the Council to proceed with this matter, and is seeking direction
from the City Council. The March 13 Staff Report is provided as Attachment 1.
FISCAL IMPACT
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Histonc Preservation Prvgrem -Direction of City CouncR
City Council Sniff Report
September 25, 2000
Refer to Staff Report dated March 13, 2000 for this discussion.
RECOMMENDATION
Provide direction to Staff.
e Whittenberg, Director
Development Services Dep ent
Attachments: (3)
NOTED AND APPROVED
Donald F. McIntyre
Acting City Manager
ATTACHMENT 1: "Historic Preservation Program - Overview Report and Request For
Direction", City Council Staff Report, dated March 13, 2000
ATTACHMENT 2: City Council Minute Excerpt, January 24, 2000
ATTACHMENT 3: City Council Minute Excerpt, March 13, 2000
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Historic Preservation Program —Direction of City Council
City Council Staff Report
September 25, 2000
ATTACHMENT 1
"HISTORIC PRESERVATION PROGRAM -
OVERVIEW REPORT AND REQUEST FOR
DIRECTION", CITY COUNCIL STAFF REPORT,
DATED MARCH 13, 2000
Historic Pm CC sum RePon2
March 13, 2000
STAFF REPORT
To: Mayor Yost and Members of the City Council
Attention: Keith R. Till, City Manager
From: Lee Whittenberg, Director of Development Services
Subject: HISTORIC PRESERVATION PROGRAM -
OVERVIEW REPORT AND REQUEST FOR
DIRECTION
SUM1%1ARY OF REQUEST
Review staff report and provide direction to Staff as to any further actions to implement a historic
preservation program within the City.
DISCUSSION
On January 24, 2000, the City Council requested the City Attorney and staff to investigate the
implementation of a "historic preservation program" within the City, as a separate issue from Zone
Text Amendment 00-1 regarding the establishment of a `Residential Conservation Overlay (RC -0)
Zone, pending before the City Council. Included within this investigation was to be different economic
incentives that may be available to encourage the preservation of 'locally -significant or historic
structures'.
Initiation of Historic Preservation Planning Process
In response to the direction of the City Council, staff presents the following project initiation issues for
consideration of the Council:
Are there structures of historic. cultural or architectural sienificance within the Cin?
Although the answer to this question may seem apparent, it would seem appropriate for the City
Council to consider this question. Such consideration should also take into account the costs of
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consultant and staff resources, and the resulting impacts upon city budget and staff. At this time, staff
is not in a position to provide any definitive information regarding this issue, other than to provide
information regarding the existing identified historic structurestlocations within the City, e.g., Old City
Hall (National Register of Historic Sites), and Anaheim Bay State Site of Historical Interest. In order
to provide more detailed information regarding this question, staff would recommend consideration of
requesting the Seal Beach TTistorical Society, in cooperation with interested citizens and volunteers, to
provide a community survey of the "Old Town" area, and provide the results of that preliminary survey
to the City Council prior to consideration of any type of formal preservation program.
As pan of this preliminary community survey it is suggested that a photo library be prepared, utilizing
the city digital camera for recording photos of properties appearing to be of interest, either from a
historical, cultural or architectural standpoint. In addition, an interest survey could be sent to the
owners of identified structures to determine their near-term and long-term interests, and provide
additional background information regarding the particular property.
In 1991 the City started to address this issue, and staff prepared a draft "policy statement" regarding
important structures within the City. The 1991 effort was undertaken to develop a "historical buildings
inventory" for the purposes of qualifying specific structures within the community to be able to apply
for a Conditional Use Permit for "Exceptions for Nonconforming Kstoric Buildings", as set forth in
Section 28-2403.1. The City Council determined to hold this matter over, and never returned the issue
to the table for discussion. This information should be presented to the Historical Society as input into
their preliminary survey process. Please see Attachment 1 for a copy of this draft "policy statement"
from 1991.
This informal process would not commit the City to any 'immediate and direct funding, although
significant staff assistance would likely be necessary in regards to the development of the photo library
and developing the survey document. This would be estimated to require between 15-30 hours of staff
time.
Should the focus be on sarin atrracthM or attaint era architecture? Is the public interest sensed?
This question is difficult to answer until the results of a preliminary community survey have been
completed. Upon receipt of the preliminary community survey, the City Council would be in a more
informed position to answer this question. The question is whether a determination of "historical"
significance is the desired standard, as opposed to a lesser standard of cultural or architectural
significance. Unless there is more definitive information available to the City Council, it is difficult to
provide information regarding the issue of serving the public interest.
Homy can edsdnr Cin, staff resources most eN'ectivefv be udlired?
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Given the demands upon existing staff resources, the proposed assistance from the Historical Society
and volunteers would be an immediate and cost effective way to prepare adequate preliminary
information for the City Council. This approach would greatly relieve the City of any immediate
direct or staff costs in providing sufficient preliminary information for the Council to determine if it is
appropriate to proceed with a more formal historic preservation program.
The staff allocation and budget impacts of developing a formal historic preservation program are
discussed below. To summarize that information here, the following costs are estimated:
❑ Historic Element of the General Plan
❑ Community Historic Resources Survey
❑ City, Council Policy Statement Idenfifying
Locally Significant Historic Structures
o Historic Presm ation Ordinance
$5,000 - $10,000
Staff Oversight — 50-75 hours
$10,000 - $20,000
Staff Oversight — 75-125 hours
Staff Prepared — 15-20 hours
$2,000 - $3,000 or
Staff Prepared — 25-35 hours
In summary, the above -identified formal program could result in direct costs of between $17,000-
33,000.00, and indirect staff costs of between $8,250-12,750.00.
Overview of Historic Preservation Pianninr Process:
Among the fust issues to be dealt with is that of the legal power and authority to protect historic
places; it rests chiefly with local governments. Most people assume that the federal government, being
the "highest" level of government, is the strongest guardian of historic resources. It is generally
assumed that if a property is fisted on the National Register of Historic Planes ("National Register"), it
must be protected automatically. This is not the case.
Many people assume that if a property is listed on the National Register that it may not be demolished
or altered in any way. This is not the case. National Register listing imposes no restrictions
whatsoever on private property owners. They remain free to do whatever they please with their
property. They can sell it, paint it, alter it, and they can tear it down. On the other hand, National
Register listing does provide access to federal rehabilitation tax credits, often a substantial benefit to
property owners.
Preservation ordinances in the United States date to 1931, when Charleston, South Carolina, became
the first American city to establish a local historic district. Today, over 1,700 communities have
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preservation ordinances in place. Preservation ordinances are local laws through which owners of
historic properties are usually prohibited from altering or demolishing their property without local
government approval.
The authority to regulate private property through historic preservation and land use laws is derived
from the state's police powers, which are delegated to cities and counties. Local preservation
programs and ordinances vary widely, but they must all comply with four primary rules of land -use
law:
❑ An ordinance must promote a valid public purpose. It must in some way advance the public
health, safety, morals or general welfare;
❑ An ordinance must not be so restrictive as to deprive a property owner of all reasonable
economic use of his property;
❑ An ordinance must honor a citizen's constitutional right to "due process". In other words, fair
hearings must be provided and rational procedures must be followed in an ordinance's
administration; and
❑ An ordinance must comply with relevant state laws.
The basic constitutionality of historic preservation ordinances was upheld in 1978 by the U.S. Supreme
Court. In Penn Central Transportation Co. v, City of New York (438 U.S. 104 (1978)), the court
settled two important questions. First it found historic preservation to be a valid public purpose.
Secondly, the court held the New York ordinance — and by inference, similar ordinances enacted by
other cities — had not taken private property in violation of the U.S. Constitution because the
ordinance's restrictions left the Penn Central company with a "reasonable beneficial use" of its
landmark property.
Issues for Consideration by the Cin, Council:
As an initial starting point, it is recommended the City Council focus on the following questions in
determining if further development of a historic preservation program within the City is appropriate at
this time:
❑ Why is historic preservation important to our community?
❑ What elements of our local heritage do we want to preserve?
❑ What have we previously done to preserve and protect that heritage?
❑ What are we currently doing to preserve and protea that heritage?
❑ What should we do to preserve and protea our heritage in the future?
❑ When do we want to begin to provide those additional protections?
No two preservation plans are the same. A local preservation program evolves in response to
particular local conditions, needs, and goals of the local community. Most frequently, the preservation
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program is a formal written document that reconciles policies and procedure's regarding the
community's historic resources into a coherent set of policy and implementation documents. These
preservation plans are used as the basis for the preservation program and are generally incorporated
into the "Genes z! Plat." and "Municipal Code' of the City.
Provided below are some essential components that should be contained, or addressed, in a written
preservation plan, including the appropriate document, and some brief discussion as to importance of
undertaking the particular component:
❑ Statement of the rails of preservation within the community. and the pv�r ose of the
preservations (General Plan Historic Element)
Discussion: This is the backbone of the historic preservation plan, and if incorporated into
an element of the General Plan, provides significant legal protections to the city in regards to
adoption of implementing ordinances and policy statements.
❑ Definition of the historic character of the community (General Plan Historic Element and
Community Historic Resources Survey)
Discussion: This is an essential pari of a preservation plan because 4 describes the unique
character of the community, focusing on the history of the development of the community or
neighborhood.
❑ S'vmmar , of past and current efforts to preserve the community's character (General Plan
Historic Element and Community Historic Resources Survey)
Discussion: A concise and accurate summary of the history of the preservation efforts in the
community is one of the mon important components in a good preservation plan. This will
provide the preservation context in any future disputes concerning protection of the
community's heritage. Leadership changes over time, and future leaders need a way to
understand how the community's preservation program has evolved. This component can
provide the guidance to future generations concerning why the preservation program is
structured the way that it is in this community.
❑ A survey ofhtstoric resources within the community (Community Historic Resources Survey)
Discussion: A community's preservation program should include a process for ensuring
that all potential historic landmarks eventually are considered for designation. This guards
against singing out some owners of historic structures for designation while other owners with
properties equally meritorious under criteria adopted by the city escape designation. Courts
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may call that a violation of the fundamental principle of "due process" and "equal protection
under the law".
The survey is the method for identifying and gathering data on the city's historic resources.
According to the National Park Service, "a survey includes a field survey, the plouical search
Jar and recording of Insionc resources on the grating aru/plaruung and background research
before the field survey begiru." All preservation programs should include the results of a
historic resources survey. Such a survey provides the community with a specific universe of
historic resources and a focus for the implementation of the goals and objectives of the
preservation program. Resource documents on how to conduct a historic resource survey are
the Secretary of the Interior's "Standards for Preservation Planning, Identification, Evaluation,
and Registration" and the National Parks Service "Guidelines for Local Survey A Basis for
Preservation Planning".
o B;x krnation of the legal basis for protection of historic resources in the community (General
Plan Flistoric Element and FHstoric Preservation Ordinance)
Discission: Both the legal basis of the preservation program as well as the legal basis of
any ordinances applying the goals, objectives, and policies of he program should be addressed.
in the Hstoric Element of the General Plan. This is important because it helps the preservation
plan stand up to legal challenges and provides legitimacy and consistency between the general
plan document and the implementing ordinances and policy statements.
o Statement of the relationship between historic preservation and other local land use authority,
such as zoning ordinance and building codes (General Plan FHstoric Element and Kstoric
Preservation Ordinance)
Discussion: It is important to clarify the relationship between the preservation program and
zoning. The role of any reviewing bodies, e.g., historic preservation committee, planning
commission, and city council need to addressed and clarified. Provisions of the zoning
ordinance should be reviewed to ensure compatibility with the goals, policies and objectives of
the historic preservation program. Preservation programs will not be effective unless other
regulatory programs of the city are reviewed to ensure compatibility and /or incorporate
preservation goals and policies.
ensuring that public actions do not adversely affect historic resources (General Plan Fhstoric
Element and Ffistoric Preservation Ordinance)
iscussion.• Municipal governments frequently own important historic resources in the
community. In addition, the city is responsible for many infrastructure improvements.
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Decisions regarding maintenance of infrastructure and new improvements may have substantial
impacts on local historic resources. The City should be a leader in designing programs and
policies to protect historic resources over which it may have direct control or impact with
public infrastructure projects.
❑ Statement of incentives that are. or should be, available to assist in the preservation of the
community's historic resources (General Plan Historic Element and Historic Preservation
Ordinance)
Discussion, A preservation program is not complete without incentives to promote the
protection of historic resources. There are 3 reasons why incentives should be included in a
preservation program:
❑ Incentives help offset additional expenditures that may be necessary to comply with the
local preservation goals and requirements. In some cases, higher costs may be incurred to
meet specific design criteria for alterations.
❑ Rehabilitation of historic structures may become a catalyst for additional neighborhood
revitalization and conservation efforts. Carefully crafted incentives can become a catalyst
for such revitalization and conservation efforts.
❑ There are instances where denial of a certificate of appropriateness may be considered an
unconstitutional taking. Incentives may be used to offset economic hardships that might
arise in a potential taking situation.
While the preservation program may not actually create or implement the incentive, it can
summarize how the incentive program works and provide timetables for implementation.
There are many types of incentives. They include: property tax abatement; property tax freeze,
property tax credit; tax-exempt bond financing; mortgage guarantees or credit enhancement,
tax increment financing; direct loans or grants; and relief from zoning and building code
provisions. For a fuller discussion of available economic incentives, please refer to the
"Discussion of Economic Incentives" section of this staff report on page 11.
❑ A precise statement of the goals and policies. including a specific agenda for future action to
accomplish those goals (General Plan Historic Element)
Discussion: A preservation program should include an agenda for future actions for the
following reasons:
❑ It provides a time frame and an action agenda for implementation of the goals, objectives,
and policies included in the preservation program.
❑ The agenda will help set priorities for implementation of the preservation program.
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❑ An agenda allows periodic review by the city to determine progress in meeting stated
goals, whether the goals and strategies should be redefined, or if the priorities needed to be
reevaluated.
Overview of OA, Atlornev/StalfEfforts:
The City Attorney and Staff have investigated many existing local "historic preservation programs"
within the State of California and within other areas of the United States. In addition, federal and state
law requirements regarding the preservation of historic sites have been reviewed. There are a range of
options available for consideration by the City Council regarding the implementation of a "historic
preservation program" within the City, depending upon the level of City involvement determined to be
appropriate. Provided below is an overview of the basic policy and planning issues to be considered in
developing a historic preservation program, a general summary of the types of provisions included
within most local historic preservation ordinances, and cost consideration issues.
Overview ofPoliev and Planninr Issues:
If the City Council determines it is appropriate to proceed with the development of a "historic
preservation program" within the City, several planning and policy issues need to be considered and
addressed.
Historic Element of the General Plan:
First and foremost would be the preparation of a "Ifstoric Element" to the General Plan, which is an
optional element under California law. This general plan element would establish goals, policies, and
procedures for the desired level of City involvement in the preservation, conservation, restoration, or
alteration of identified historic structures. Adoption of a general plan element requires public hearings
before the Planning Commission and City Council, prior to final adoption by the City Council. This
document would normally be prepared by an architectural historian, acting as a consultant to the City.
Connmunip• Historic Resources Survey:
Quite often a "Community I-Hstoric Resources Survey" is prepared as an information document and a
technical supplement to the Kstoric Element of the General Plan. This document would provide a
general historic overview of the community and focus upon the historic significance of the remaining
structures within the City. This document would normally be prepared by an architectural historian,
acting as a consultant to the City.
Cig, Council Policy Statement Identifying Localby Significant Historic Structures:
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Although not a part of the General Plan I-listoric Element itself, it is recommended that the City
Council adopt a policy statement indicating those structures determined to be locally significant
structures. This policy statement could be reviewed and revised on an as needed basis to provide a
continuously updated listing of those structures within the City determined to be historically or
architecturally significant at the local level.
The updating and review process of the policy statement would not be as involved as if the listing of
locally significant historic structures were provided within the Nstoric Element of the General Plan. In
that case, public hearings would have to be held before the Planning Commission and City Council to
revise the fstoric Element for this updating purpose. Revisions to a City Council policy statement
would require review and approval by the City Council and any other designated reviewing body
determined appropriate by the City Council. This policy statement would be based upon the
determinations within the "Community Historic Resources Survey" as to those structures within the
community of being locally significant historic structures.
Volun"vMandalorp Prerervadon Program Provisions:
The remaining policy issue would be for the City Council to provide an indication to Staff as to
whether the provisions of any implementing ordinances regarding historic preservation would be
voluntary or mandatory to the identified properties. In reviewing the historic preservation ordinances
of many cities throughout California and the United States, both voluntary and mandatory ordinance
provisions exist.
❑ Volul7wryProgrrmta
Generally, the voluntary ordinances set forth criteria, guidelines and requirements for
restoration, conservation, alteration, or demolition of identified structures; however, those
provisions are only applicable if the property owner requests of the local jurisdiction
enforcement of those provisions to his property. There are no mandatory requirements upon
the owner of a locally identified historic structure.
❑ Mmrdatory Programs:
As in the voluntary ordinances, the mandatory ordinances set forth criteria, guidelines and
requirements for restoration, conservation, alteration, or demolition of identified
structures; however, those provisions are applicable to the subject properties as are the
zoning or building code provisions of the municipal code. The property owner does not
have the option of complying with those provisions; they become mandatory requirements
upon the owner of a locally identified historic structure.
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General Summary of Provisions Included within most Local Historic Preservation
Ordinances
A review of several historic preservation ordinances within California indicate the following are the
provisions generally included within a Historic Preservation Ordinance:
❑ Scope
❑ Purpose and Intent
❑ Definitions
❑ HistoricPreservation committee
❑ Powers and duties of the historic preservation committee
❑ Notice
❑ Classification of landmarks
❑ Designation criteria
❑ Benefits and conditions of designation
❑ Designation procedures
❑ Requests to de -designate
❑ Certificate of appropriateness
❑ Certificate of economic hardship
❑ Incentives - Exceptions to land use regulations
❑ Substantial alterations
❑ State Historic Building Code
❑ Unsafe or dangerous conditions
❑ Demolition
❑ Relocation
❑ Knimum maintenance
❑ Appeals
❑ Maintenance and repair
❑ Enforcement and penalties
❑ Severability
Cost Consideration Issues.-
Although
ssues:Although difficult to quantify with any certainty until additional direction is provided by the City
Council, provided below are estimated cost ranges for preparation of the following documents to
implement a historic preservation program within the City:
❑ Historic Element of the Genera! Pfan $5,000 - $10,0110
Staff Oversight — 50-75 hours
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❑ Coin n miry Historic Resources Survey
❑ Chy Council Policy Statement Identifying
Locally Signyicant Historic Structures
❑ Historic Preservation Ordinance
$10,000 - $20,000
Staff Oversight — 75-125 hours
Staff Prepared —15-20 hours
$2,000 - $3,000 or
Staff Prepared — 25-35 hours
Should Council determine this effort as having a reasonable chance of achieving the desired goals of
the community, in the opinion of staff, it would be necessary to retain an architectural historian to
prepare the "Historic Element of the General Plan" and the "Community flistoric Resources Survey'
as a concurrent effort. Depending upon budget and timing issues, either the retained architectural
historian or City Staff could prepare the historic preservation ordinance.
Discussion of Economic Incentives
Economic incentives for historic preservation are available in a number of different mechanisms.
Discussed below, in the order of most applicability at this time, are some of the more common
economic incentives that could be made available:
Locallncentives: At this preliminary state of review, the existing housing rehabilitation programs
available within the City could also be applicable to the upgrading and restoration of any of the existing
locally significant structures within the community, subject to the income and funding limitations of the
existing programs as approved by the City Council. Staff will continue to research any other potential
economic incentive programs, including redevelopment agency programs, that may available at the
local level without the formal designation of locally significant historic structure.
State Incentives: There are a number of state economic incentive programs applicable to historic
resources. These programs generally require the subject property to be of some significance at the
federal, state, or local level. Again, unless the City has a more formalized historic preservation
program that identifies on an approved list locally significant historic structures, many of the state
incentives would not be applicable. Potential programs would include:
o Conservation easements granted pursuant to Civil Code, Sections 815-816 constitute an
enforceable restriction, for purposes of Section 402.1 of the Revenue and Taxation Code.
Section 402.1 of the Revenue and Taxation Code sets forth provisions regarding the
assessment of land subject to enforceable restrictions, including the conservation easement
provisions of Civil Code Sections 815-816.
❑ Property tax reduction under the provisions of the Mills Act, Government Code Section
50280-50290 for owners of designated historic properties. Under the provisions of the Mills
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Act, a city is able to offer property tax reductions of as much as 75 -percent. The property
owner must be willing to commit to maintain the historic property for at least 10 years, that is
automatically renewed on an annual basis in order to meet the mandated State requirements.
In order to qualify for this program, the structure must mat either of the following:
1. Listed in the National Register of Historic Places or located in a registered historic
district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal
Regulations.
2. Listed in any state, county or city official register of historical or architecturally
significant sites, places, or landmarks.
o Historic property rehabilitation work to be compliant with Health and Safety Code, Sections
18950-18961, the California "State Historical Building Code." It is the purpose of this
code to provide alternative building regulations and budding standards for the
rehabilitation, preservation, restoration (including related reconstruction), or relocation of
buildings or structures designated as historic buildings. Such alternative building
standards and building regulations are intended to facilitate the restoration or change of
occupancy so as to preserve their original or restored architectural elements and features,
to encourage energy conservation and a cost-effective approach to preservation, and to
provide for the safety of the building occupants.
o The Marks Historical Rehabilitation Act of 1976, Health and Safety Code Sections 37600-
37684, authorizes cities and counties to make long-term, low-interest loans to finance the
rehabilitation of properties of historic or architectural significance. The State has
determined that "Unless local agencies have the authority to provide loans for the
rehabilitation of historic properties, many properties of historic or architectural
significance will continue to deteriorate at an accelerated rate because loans from private
sources are not sufficiently available for their rehabilitation. It is the policy of the state to
preserve, protect, and restore the historical and architectural resources of the state."
a The California Heritage Fund is created in the State Treasury and is administered by the
office. Money in the fund shall be available, upon appropriation by the Legislature, to
implement laws providing for historical resource preservation. These funds are usually
disbursed on a grant basis to local governments or non-profit organisations involved in
historic preservation programs.
Federallncendi,es. Listing of historic properties on the National Register of Historic Places
provides federal incentives. Investment tax credits are provided for the substantial rehabilitation of
certified historic structures, and tax deductions are permitted for the contribution of easements on
historic properties to qualified entities. At this time, the only structure within the City that is on the
National Register of Historic Places is the Old City Hall building. Therefore, the federal incentive
programs have very limited applicability within the community.
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FISCAL IMPACT
Unknown at this time. If the City Council determines it is appropriate to proceed with a formal
preservation program effort, staff would recommend the preparation of a "Request for Qualifications"
(RFQ's) from appropriate architectural historians and consulting firms to prepare the recommended
documents. Upon receipt and consideration of the RFQ's, the Council could determine if it wished to
proceed with implementation and budget the appropriate funds as part of the 2000-2001 Fiscal Year
Budget.
Alternatively, Council may consider a less formal approach enlisting the assistance of the Ffistorical
Society and other citizen volunteers in working with staff to identify structures of interest, focusing on
outreach efforts and restoration incentives for project owners willing to participate in a voluntary
program.
RECOMMENDATION
Provide direction to Staff as to arty further actions to implement a historic preservation program within
the City
e lrlfii enberg, Director
Development Services Departmen
Attachments: (1)
NOTED AND APPROVED
Keith R. Till
City Manager
ATTACHMENT 1: Draft City Council Policy Statement — Historic Structures, 1991
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ATTACHMENT 1
DRAFT CITY COUNCIL POLICY STATEMENT -
HISTORIC STRUCTURES, 1991
lb.Pmt cC t> sm R,a 14
CITY 07 SM BZACH
CITY COUNCIL
POLICY STATEXENT
1991
DRAFT
8nbjact: Page Effective -Policy
Date Number
HISTORICAL BUILDINGS
INVENTORY ; of 3 5-24-91 101
This City Council policy shall establish the "Locally
Recognised Historic Building or Structure" listing for the City of
Seal Beach in accordance with the provisions of Section 28-2403.1
of the Code of the Citv of Sea
1) RED CAR - Heritage Square
2) 227 10TH STREET - Proctor House (1905)
3) 160 12TH STREET - ErenYinkle Housa (early 1920'9)
4) PACIFIC COAST HIGHWAY AND 12TH STREET - Zoeter Elementary
Sebool (mid 1930'5)
5) 1400 PACIFIC COAST HIGHWAY - Glide'er Inn (1930, enlarged
1944)
6) 1515 BEAL RAY (1910)
7) 111 13TH STREET - MOrri§On House (1910)
8) 141 13TH STREET - Lufberry House (1910)
9) CENTRAL AVENUE AND 10TH STREET - First United Methodist Church
(1915)
10) 202 10TH STREET - Ord House (1920)
11) 404 OCEAN AVENUE - Commander Sleeth House (1938)
12) 413 OCEAN AVENUE - Hance House (1910)
13) 117 OCEAN AVENUE - Lothian House (1905)
/VP51/BISTBLDG.101/LW/6-24-91
14) 112 CENTRAL AVENUE - ErenviDkl• House (1924)
15) ELECTRIC AVENUE AND 77H STREET - Girl Scout House (1946)
16) CENTRAL AVENUE AND STH STREET - Old City Hall (1929)
17) 223 MAIN STREET - Post Office
18) 241 5TH STREET - Deckner Residence
19) 209 MAIN STREET - Groan Pepper
20) 342-44 12TH STREET - Historic Society
21) 1 ANDERSON - Rater Tover
The above mentioned buildings or structures are deemed eligible to
apply for Conditional Use Permit approval for substantial
preservation, renovation, or rebuilding subject to the provisions
of Section 28-2403.1 of the Code of the City of Seal Beach, which
is reproduced below for ease of reference:
Ordinance Provisions regarding Historic Structures:
Section 28-2403 of the Code of the City of Seal Beach states:
"Section 28-2403.1. Exceptions for Nonconforming Historic
Buildinas.
A. A locally recognized historic building or structure may
be substantially preserved, renovated or rebuilt subject
to the issuance of a Conditional Use Permit.
B. In reviewing the application for the historic building or
structure, the Planning Commission shall evaluate and
make findings on the following:
/WP51/HISTBLD0.301/LW/6-24-91
1,P9)
DRAFT
-Subject:
Page Effective
Policy
Date
"Number
HISTORICAL .BUILDINGS
CINVENTORY
2 of 3
6-24-91
141
14) 112 CENTRAL AVENUE - ErenviDkl• House (1924)
15) ELECTRIC AVENUE AND 77H STREET - Girl Scout House (1946)
16) CENTRAL AVENUE AND STH STREET - Old City Hall (1929)
17) 223 MAIN STREET - Post Office
18) 241 5TH STREET - Deckner Residence
19) 209 MAIN STREET - Groan Pepper
20) 342-44 12TH STREET - Historic Society
21) 1 ANDERSON - Rater Tover
The above mentioned buildings or structures are deemed eligible to
apply for Conditional Use Permit approval for substantial
preservation, renovation, or rebuilding subject to the provisions
of Section 28-2403.1 of the Code of the City of Seal Beach, which
is reproduced below for ease of reference:
Ordinance Provisions regarding Historic Structures:
Section 28-2403 of the Code of the City of Seal Beach states:
"Section 28-2403.1. Exceptions for Nonconforming Historic
Buildinas.
A. A locally recognized historic building or structure may
be substantially preserved, renovated or rebuilt subject
to the issuance of a Conditional Use Permit.
B. In reviewing the application for the historic building or
structure, the Planning Commission shall evaluate and
make findings on the following:
/WP51/HISTBLD0.301/LW/6-24-91
B
Subj act:
HISTORICAL BUILDINGS
INVENTORY
1991
DRAFT
,Page Effective I Policy
Date Number
3 .of 3 1'.5-24-91 1 3.03.
1. The local historic significance of the building or
structure.
2. The existing structure.
C. In approving a Historic Conditional Use Permit, the
Planning Commission may authorize such deviations from
the Seal Beach Municipal Code necessary to preserve the
structure and its historical significance. Before
approving such change, it must find:
1. All deviations from the Seal Beach Municipal Code,
necessary to preserve the existing structure
architecture; including but not limited to: zoning,
building, engineering and fire.
2. All needed agreements, contracts or conditions
between the owner or lessee and any public agency
which involves said building or structure are
executed to insure compliance between all parties.
3. Any other appropriate conditions deemed necessary
to the approval of the application are required.
4. The waivers from Code must still render the
structure safe and sound."
/WP51/H1ST aLDG.101/LW/6-24-91
Historic Preservation Program —Direction of City Council
City Council Staff Report
September 25, 2000
ATTACHMENT 2
CITY COUNCIL MINUTE EXCERPT, JANUARY 24, 2000
Histonc Pogrem.CC SW Re�n2
Page Six - City Council Minutes - January 10, 2000
followed then their reference should be removed from the
Charter. Ms. Corbin mentioned a letter directed to the
Council from Mrs. Brendel with a request that it he read in
objection to an adjacent swimming pool with no self-closing
gate, also a tent on the beach without a Coastal permit,
rules are not being followed. Ms. Corbin continued, spoke
with regard to alleged removal of personnel right, of the
City Manager in a closed session, this after the former
finance director met with Council in closed session, this
should have been done in open session, Charter
responsibilities can not be discussed in that manner, this
is against the Brown Act and it was not reported to the
public, therefore to state that decisions are not made in
closed sessions is not correct. There being no further
comments, Mayor ProTem Doane declared Public Comments to be
closed.
COUNCIL ITEMS
MOUSING PRESERVATION ORDINANCE
Councilman Boyd clarified that this item is unrelated to the
current bed and breakfast issue and relocation of the
Erenwinkle and Proctor homes. Councilman Boyd noted that
with the current housing market dictating demolition of
older homes in Seal Beach and the recent discussion of
historic home preservation led him to bring this issue to
the Council for discussion, aside from the current issue,
there is the matter of how to incentivize historic home
preservation, depending upon how preservation is
accomplished there has been support expressed by residents
for maintaining some of the historic homes in the community
and neighborhoods, the recent trend has been to level old
beach cottages on fifty foot lots, subdivide and build two
custom homes. He recalled that about a year ago the Council
authorized a combination grant/loan program to assist
moderate income families with exterior rehabilitation of
qualified homes in an effort to preserve the existing
housing stock, his belief is that the City needs to go to
the next step and help to preserve the historic homes in
this community but without offering a direct financial
incentive of taxpayer dollars. Councilman Boyd requested
approval to direct the City Attorney to draft an ordinance
defining an historic home, this the result of the recent
discussion. relating to the Proctor and Rrenwinkle homes,
specify by ordinance the terms for restoration and
preservation, and last, for homeowners who perform qualified
restoration of a historic home in Seal Beach, a property tax
reduction of up to fifty percent provided that the home is
maintained as an owner/occupied home and meets the
guidelines set forth by ordinance. Councilman Boyd said his
belief is that this would preserve the historic homes within
the City, insures that property values continue to rise,
provides legal guidelines for restoration, and offers
preservation without the financial assistance of government.
Councilman Boyd moved to direct the City Attorney to prepare
a draft ordinance to reflect the issues outlined, then allow
the citizens to provide input thereto. Councilman snow
seconded the motion. As a technical point, Mayor ProTem
Doane pointed out that it was the Redevelopment Agency
rather than the City that authorized the home incentive
program. Be mentioned too that the most difficulty will be
with the definition, he would support the comment relating
to the charming, old beach cottages so long as they are
restored and maintained otherwise they could become an
undesirable property. Councilman Boyd again offered his
reasoning for requesting consideration of this proposal.
Page Seven - City Council Minutes - January 10, 2000
Mr. Gordon Shanks, Surf Place, suggested that before the
City Attorney goes forward with this proposal he should
discuss the matter with the Director of Development
Services, his recollection is that something from a
historical perspective was done when BJ's Pizzeria vent in,
it is believed also that there is reference material
relating to older houses in City Nall. Noting his support
for this proposal, Mr. Shanks posed the question that from a
legal standpoint can the City do anything more than half of
the property tax, also inquired as to the percentage of
property tax that the City receives. The response was about
fifteen percent and the Council could determine to issue
rebates at any level desired. Ms. Jane McCloud, Balboa
Drive, expressed her support for the proposal, however
suggested that some investigation be done of other
communities that do restoration/preservation on a regular
basis, the City of Orange a good example where it is not
only homes but businesses as well. To the question as to
Whether the Historical Society has any type of guidelines
for an historical home, Mr. Shanks made reference to a
walking tour brochure that was developed by the Womens Club
many years ago. Ms. McCloud made reference to the two very
small beach type cottage homes on 12th Street where it would
be a shame if they were lost, possibly an area could be
found where several old homes could be located and available
to tourists. Councilman Boyd explained that the impetus for
proposing this was to involve the community inasmuch as the
bed and breakfast issue caught a number of people off guard,
suggested again that guidelines be drafted, possibly develop
a site review committee, do this in a fair manner and
involve a number of people as this is an eclectic community.
The City Manager mentioned that model ordinances exist for
historic preservation, it may be well to collect and review
other documents before drafting an ordinance for this
community, determine to what extent the desires, what the
potential for preservation of homes in this community is,
how costly a process is desired. Ms. Sue Corbin said she
too believes in saving the older homes, the Stanton Nouse as
an example should have been saved, but the answer is not
gutting the interior and merely saving the exterior, putting
them on stilts, placing two such dwellings on one lot,
allowing bed and breakfast use with a zone overlay
throughout the community, that is not historical
preservation. The motion was restated, authorizing the City
Manager and City Attorney to compile information for an
ordinance defining an historic home, the terms of
restoration, preservation, incentive, etc.
AYES: Boyd, Campbell, Doane, Snow
NOES: None
ABSENT: Yost Motion carried
ITEM H' - LICENSE AGREEMENT - COUNTY Or ORANGE - WALKWAY
NORTH aSEAL BEACH COMMUNITY CENTER
Having had discussions with people who frequent this
location daily, Councilman Snow inquired if a crosswalk has
been considered for this area from the location of the
sidewalk to across the street where a number of people park.
The Director of Recreation and Parks responded that a
crosswalk was not considered as part of this improvement,
and the Director of Public Works explained that the location
referred to is not under control of the City, rather
Rossmoor Center, however that request could be made of the
Center after completion of this improvement, one problem
however is the exact location of the crosswalk and where
Historic Preservation Program — Direction of City Council
City Council Staff Report
September 25, 2000
ATTACHMENT 3
CITY COUNCIL MINUTE EXCERPT, MARCH 13, 2000
Nunn, pyo CC swraepon2
Seal Beach, California
March 13, 2000
The City Council of the City of Seal Beach met in regular
session at 7:02 p.m. with Mayor Yost calling the meeting to
order. The Salute to the Flag was led by Girl Scout Troop
2234. Each Scout was introduced by the Troop Leader, the
Scouts in turn presented each member of the Council with a
box of Girl Scout cookies.
ROLL
Present: Mayor Yost
Councilmembers Boyd, Campbell, Doane, Snow
Absent: None
Also present: Mr. Till, City Manager
Mr. Barrow, City Attorney
Mr. Whittenberg, Director of Development
Services
Mr. Badum, Director of Public Works/City
Engineer
Chief Sellers, Police Department
Chief Cushman, Lifeguard Department
Ms. Beard, Director of Recreation and Parks
Mr. Dorsey, Assistant to the City Manager
Me. Yeo, City Clerk
WAIVER OF FULL READING
By unanimous consent, the reading in full of all ordinances
and resolutions was waived and the consent to the waiver of
reading was deemed to be given by all Councilmembers after
reading of the title unless specific request is made at that
time for the reading of such ordinance or resolution.
PRESENTATION
The proclamation designating the week of March 11th, 2000 as
"Girl Scout Week" was read in full by Councilmember Campbell
and in turn presented to Troop 2234.
=meeting
AGENDA
Councilman Boyd requested that Item "N", the report relating
to a Historic Preservation Program, be continued until the
eat meeting in April. A member of the audience requested
that Items "C, J, and E" be removed from the Consent
Calendar, and the audience was informed that public comments
would be accepted with regard to Item "A-1", meeting
procedural rules. Boyd moved, second by Campbell, to
approve the order of the agenda as amended.
AYES: Boyd, Campbell, Doane, Snow, Yost
NOES: None Motion carried
PUBLIC COMMENTS
Mayor Yost declared the Public Comment period to be open and
advised that each speaker would be allowed five minutes.
Ms. Kim Shearer, an owner of John's Market for the past five
years, addressed her comments to the proposed newarack
ordinance, explaining that for four years she has requested
that something be done with regard to the newsracks on the
side of their building, and it is hoped this concern will
now be addressed. Ms. Shearer stated there are eighty-three
newspaper and periodical racks on Main Street, nine are
Orange County job publications, there are eighteen racks
along John's Market, seven more than at any other Main