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HomeMy WebLinkAboutItem N r 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 SUMMARY 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-O) 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 significance within the City? 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 AGENDA ITEM A/ C:\My DocumentsU-listoric Preservation\Historic Program.CC Direction Staff Report.doc11- 103-08-00 Historic Preservation Program-Request for City Council Direction City Council Staff Report March 13, 2000 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 structures/locations 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 Historical 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 part 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 Historic 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 finding, 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 saving attractive or quaint era architecture? Is the public interest served? 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. How can existing City staff resources most effectively be utilized? Historic Program.CC Direction Staff Report 2 Historic Preservation Program-Request for City Council Direction City Council Staff Report March 13, 2000 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: O Historic Element of the General Plan $5,000- $10,000 Staff Oversight—50-75 hours o Community Historic Resources Survey $10,000-$20,000 Staff Oversight—75-125 hours o City Council Policy Statement Identifying Locally Significant Historic Structures Staff Prepared— 15-20 hours o Historic Preservation Ordinance $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 Planning Process: Among the first 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 listed 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 Historic Prograrn.CC Direction Staff Report 3 Historic Preservation Program-Request for City Council Direction City Council Staff Report March 13, 2000 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; o 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 o 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 City 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: o 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 protect that heritage? ❑ What should we do to preserve and protect 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 Historic Progr m.CC Direction Staff Report 4 Historic Preservation Program—Request for City Council Direction City Council Staff Report March 13, 2000 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"General Plan"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: • o Statement of the goals of preservation within the community, and the purpose of the preservation plan(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. o Definition of the historic character of the community (General Plan Historic Element and Community Historic Resources Survey) Discussion: This is an essential part of a preservation plan because it describes the unique character of the community, focusing on the history of the development of the community or neighborhood. o Summary 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 most 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. o A survey of historic 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 singling out some owners of historic structures for designation while other owners with properties equally meritorious under criteria adopted by the city escape designation. Courts Hiaoric Pn,garn.cc Dimtioo Stair Report 5 Historic Preservation Program—Request for City Council Direction City Council Staff Report March 13, 2000 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 physical search for and recording of historic resources on the ground and planning and background research before the field survey begins." 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". ❑ Explanation of the legal basis for protection of historic resources in the community (General Plan Historic Element and Historic Preservation Ordinance) Discussion: 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 Historic 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 Historic Element and Historic 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. O Statement of the public sector's responsibilities towards city-owned historic resources, and for ensuring that public actions do not adversely affect historic resources (General Plan Historic Element and Historic Preservation Ordinance) • Discussion: Municipal governments frequently own important historic resources in the community. In addition, the city is responsible for many infrastructure improvements. Historic ProBarncC Direction Staff Report 6 Historic Preservation Program-Request for City Council Direction City Council Staff Report March 13, 2000 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. O 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: o 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. o 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. o 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. o 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. O The agenda will help set priorities for implementation of the preservation program. Historic Program.CC Direction Staff Report 7 Historic Preservation Program-Request for City Council Direction City Council Staff Report March 13, 2000 0 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 City Attornev/Staff Efforts: 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 of Policy and Planninw 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"Historic 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. Community Historic Resources Survey: Quite often a"Community Historic Resources Survey" is prepared as an information document and a technical supplement to the Historic 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. City Council Policy Statement Identifying Locally-Signcant Historic Structures: Historic Prograrr.cC Direction Staff Report 8 Historic Preservation Program—Request for City Council Direction City Council Staff Report March 13, 2000 Although not a part of the General Plan Historic 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 Historic 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 Historic 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. Voluntary/Mandatory Preservation 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. 0 Voluntary Programs: 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. ❑ Mandatory 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. Historic Program C Direction Staff Report 9 Historic Preservation Program—Request for City Council Direction City Council Staff Report March 13, 2000 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 o Purpose and Intent ID Definitions o Historic preservation committee ❑ Powers and duties of the historic preservation committee ❑ Notice ❑ Classification of landmarks ❑ Designation criteria • ❑ Benefits and conditions of designation ❑ Designation procedures o 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 O Demolition o Relocation o Minimum maintenance ❑ Appeals o Maintenance and repair ❑ Enforcement and penalties ❑ Severability Cost Consideration Issues: 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 General Plan $5,000- $10,000 Staff Oversight—50-75 hours Historic PrograntCC Direction Staff Report 1 0 Historic Preservation Program-Request for City Council Direction City Council Staff Report March 13, 2000 o Community Historic Resources Survey $10,000-$20,000 Staff Oversight—75-125 hours o City Council Policy Statement Identifying Locally Significant Historic Structures Staff Prepared— 15-20 hours o Historic Preservation Ordinance $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 Historic 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: Local Incentives: 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 a 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. o 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 Historic PropamCC Direction Staff Report 11 Historic Preservation Program-Request for City Council Direction City Council Staff Report March 13, 2000 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 meet 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 building 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." o 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 organizations involved in historic preservation programs. Federal Incentives: 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. Historic Program.CC Direction Staff Report 12 Historic Preservation Program—Request for City Council Direction City Council Staff Report March 13, 2000 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 Historical 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 any further actions to implement a historic preservation program within the City NOTED AND APPROVED ee whi enberg, Director Keith R. Till Development Services Departmen City Manager Attachments: (1) ATTACHMENT 1: Draft City Council Policy Statement—Historic Structures, 1991 Historic Program.cc Direction Staff Report 1 3 Historic Preservation Program—Request for City Council Direction City Council Staff Report March 13, 2000 ATTACHMENT 1 DRAFT CITY COUNCIL POLICY STATEMENT - HISTORIC STRUCTURES, 1991 Historic PrograniCC Direction Staff Report 1 4 CITY OF SEAL BEACH • CITY COUNCIL f 9 9 I •• POLICY STATEMENT DRAFT *, Page :Effective "Policy �b�act; Date Number HISTORICAL BUILDINGS INVENTORY 1 of 3 6-24-92 101 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 City of Seal Beach: 1) RED CAR - Heritage Square 2) 227 10TH STREET - Proctor House (1905) 3) 160 12TH STREET - Erenwinkle House (early 1920' s) 4) PACIFIC COAST HIGHWAY AND 12TH STREET - Soeter Elementary School (mid 1930's) 5) 1400 PACIFIC COAST HIGHWAY - Glide'er Inn (1930, enlarged 1944) 6) 1515 SEAL WAY (1910) 7) 111 13TH STREET - Morrison 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 - Nance House (1910) 13) 117 OCEAN AVENUE - Lothian House (1905) /WP51/HISTBLDG.101/LW/6-24-91 DRAFT . ............... .............. . ... . . ... Subject: aassa � .....}>� Page affective Policy . Date Number HISTORICAL BUILDINGS INVENTORY 2 of 3 : 6.-24-91 101 14) 112 CENTRAL AVENUE - Rrenwinkle House (1924) 15) ELECTRIC AVENUE AND 7TH STREET - Girl Scout House (1946) 16) CENTRAL AVENUE AND 8TH STREET - Old City Hall (1929) 17) 223 MAIN STREET - Post Office 18) 241 STH STREET - Deckner Residence 19) 209 MAIN STREET - Green Pepper 20) 342-44 12TH STREET - Historic Society 21) 1 ANDERSON - Water Tower 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 Buildings. 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/HISTBLDG.101/LW/6-24-91 1 .9 9 DRAFT Effective Policy a Date dumber HISTORICAL BUILDINGS • INVENTORY 3 of 3 6--24 -9 W . 101 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/HISTBLDG.101/LW/6-24-91