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HomeMy WebLinkAboutCC Ord 1025 Not Adopted I I I ORDINANCE NO. /O.;lS' ( : Ip!J 10Y .(}.11 /" ;,1 /'" ,I AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING CHAPTER 70, ESTABLISH- ING A CULTURAL HERITAGE COMMISSION, TO THE CODE OF THE CITY OF SEAL BEACH, CALI- FORNIA THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 70 is added to the Code of the City of Seal Beach to read as follows: Sec. 70-1. Purpose. The city council declares that the recognition, preservation, protection and use of cultural resources are required in the interest of the health, prosperity, social and cultural enrichment and general welfare of the people. The purpose of this chapter is to: (a) Safeguard the heritage of the city by preserv- ing improvements and natural features which reflect elements of the city's cultural history: (b) Encourage public understanding and involvement in the unique architectural and environmental heritage of the city through educational programs; (c) Strengthen civic pride in the beauty and notable accomplishments of the past, to promote their continued use today and encourage excellence in the building of the future; (d) Protect and enhance the city's attractions to residents, tourists and visitors, and thereby to support and stimulate business and industry: (e) Enhance the visual and aesthetic character, diversity, and interest of the city; (f) Promote the private and public use and preserva- tion of historic districts and structures for the educa- tion, appreciation and general welfare of the people: (g) Stab1ize and improve property values: (h) Strengthen the economy of the city: and (i) Take whatever steps are 'reasonable and necessary to safeguard the property rights of the owners whose property is declared or proposed to be a landmark. Sec. 70-2. Commission created. There is created a cultural heritage commission to promote the purposes of this chapter. Said commission shall be composed of the members of the Environmental Quality Control Board, as pro- vided for in Chapter 7B, Sec. 7B-3. The meetings of the cultural heritage commission shall be held concurrently with the meetings of the Environmental Quality Control Board. AGENDA ITEM # VIII. A. ~ I I I , Ordinance Number Sec. 7D-3. Commission - powers and duties. The commission shall have the following powers and duties in addition to those otherwise provided in this chapter: (a) To conduct a continuing survey of all cultural resources in the city which the commission, on a basis of information available or presented to it, has reason to believe may be eligible for designation as landmarks or structures of merit; (b) To designate, pursuant to the provisions of this chapter, as landmarks or potential landmarks those certain areas, places, buildings, structures, natural features, works of art or similar objects determined to be of histori- cal, cultural, architectural, archeological, community or aesthetic value as part of the heritage of the city. (c) To keep current and publish a register of land- marks, potential landmarks and structures of merit. A description and reasons for inclusion shall be contained therein. Copies of said register shall be transmitted to the city clerk, city manager and city council, and to the departments of planning and building, parks and recrea- tion, fire, public works, and other interested departments and governmental or civic agencies; (d) To encourage public understanding of and involve- ment in the unique environmental and cultural heritage of the city through educational and interpretive programs. Such programs may include lectures, tours, walks, reports and publications, films, open houses and special events. Any necessary funding shall be subject to city council approv- al; (e) To explore means for the protection, retention and use of any designated or potential landmark including, but not limited to, appropriate legislation and financ- ing, such as encouraging independent funding organizations or private, local, state or federal assistance; (f) To submit annually, a proposed budget to the city manager covering personal services, supplies and equipment necessary for the performance of its duties; (g) To submit an annual report to the city council; (h) To work closely with the planning commission in order to assure that environmental changes will be orderly and will not damage the cultural integrity of the city; (i) The commission shall encourage private efforts to acquire property and to raise money in behalf of cul- tural preservation; however, the commission is specifically denied the power to incur financial obligations or acquire real property; (j) The commission may recommend and encourage the protection, enhancement, appreciation and use of structures of historical, cultural, architectural, community or aesthetic value which have not been designated as landmarks that are deserving of recognition as structures of merit so as to -2- I I I Ordinance Number emphasize their importance in the lifestyle of Seal Beach. The commission may take steps as it deems desireable to recognize these structures without imposing any regulations or controls upon them including, but not limited to, list- ing, certificates, letters or plaques; (k) The commission may, as time permits and upon request of the property owners render advice and guidance on any structure. By way of example, but not by way of limitation, such advice might relate to painting, colors, materials, fencing, landscaping, lighting fixtures or restoration. This advice shall not be construed to impose any controls, but shall be offered in a spirit of friendly help; (1) To encourage and participate in the development of an Historic Preservation Element in the General Plan of the city; 1m) The commission shall make any recommendations it may have as to landmarks or potential landmarks within the area covered by any proposed project being considered by the planning commission, redevelopment agency or city council; and (n) To assist the city, local historical societies, civic organizations and property owners of landmarks in filing applications for registration on State and National registries. Sec. 7D-4. Criteria for designation of landmarks. In considering a proposal for the designation of any cultural resource in the city as a landmark, the following criteria shall be applied: (a) Its character, interest or value as part of the heritage of the city; lb) Its location as a site of a significant historic event; (c) Its identification with a person or persons or groups who significantly contributed to the culture and development of the city; ld) Its exemplification of a particular architectural style; (e) Its exemplification of the best remaining archi- tectural type in a neighborhood; If) Its identification as the work of a person or persons whose work has influenced the heritage of the city, the state or the United States; (g) Its embodiment of elements of outstanding atten- tion to architectural design, detail, materials or crafts- menship; (h) Its relationship to other landmarks if its preserva- tion is essential to the integrity of the landmark; -3- ~ I I I Ordinance Number (i) Its unique location or singular teristic representing an established and feature of a neighborhood; physical charac- familiar visual (j) Its potential of yielding information of archeo- logical interest; and (k) Its integrity as a natural environment that strongly contributes to the well-being of the people of the city. Sec. 70-5. Landmarks - procedure for designation. The commission, upon its own initiative or upon the request of any person or city agency, may propose the designation of any cultural resource in the city as a landmark and thereupon take the following actions: (a) The commission shall notify the owner or owners of the porposed landmark by certified mail as to the date, time and place of the public hearing to consider the designa- tion; (b) The commission shall advise the Planning Director in writing of the proposed designations; (c) Only if the commission obtains the written con- sent of all persons having a legal or equitable interest in said propert~can the commission approve the designa- tion of a proposed landmark, provided that it qualifies under the criteria set forth in this chapter; and (d) Upon adoption of the proposed landmark, the owners and occupants of the landmark shall be given written notification thereof by the city clerk. A certified copy of the resolution of designation shall be filed by the city clerk in the office of the county recorder. Sec. 70-6. Appeals from denial of landmark designation. (a) Upon denial of a proposed landmark designation by the commission, the city clerk shall give written notification thereof by certified mail to the owner of the property which was denied landmark designation. The owner of such property may appeal the decision of the commission in the manner herein provided. (b) Within 30 calendar days after mailing the notice of the decision of the commission by certified mail, the appellant shall file his appeal with the city clerk. The appeal shall set forth the grounds relied upon by the appellant. Upon receipt of the written letter of appeal, the city clerk shall place the matter upon the city council agenda within thirty (30) days. (c) Within 30 days following the filing of the appeal, the city council shall review the decision of the commis- sion and may refer the matter back to the commission for further consideration. If, in the opinion of the city council, the facts stated in the letter of appeal warrant further action, the city council shall set the matter for hearing and shall give written notice by certified mail addressed to the owner of the time and place for the hearing at least 10 days prior to the date thereof. At the time set for the -4- I I I Ordinance Number hearing, the appellant and any other interested party shall be given a reasonable opportunity to be heard. (d) The city council may affirm the decision of the com- mission or it may designate the property as a landmark. Before the city council may designate the property as a landmark, it must find that the property qualifies under the criteria set forth in this chapter and it must obtain the written consent of all persons having a legal or equitable interest in the property. (e) Upon adoption of the landmark by resolution, the owners and occupants of the landmark shall be given written notification thereof by the city clerk. A certified copy of the resolution of designation shall be filed by the city clerk in the office of the county recorder. Sec. 70-7. Landmarks - ordinary maintenance allowed - public safety exceptions. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of any designated landmark that does not involve a change in design, material,. color or outer appearance thereof. Nothing in this chapter shall prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which the city officer charged with the issuance of building permits shall certify is required by the public safety because of an unsafe or dangerous con- dition. Sec. 70-8. Landmarks - demolition, removal or alteration - certifi- cate required. No person shall demolish, remove or make alterations to any designated landmark without first obtaining a certificate of appropri- ateness. An application for such certificate shall be filed with the city building department, who shall thereupon transmit the same to the commission. The commission shall have 30 days from the date of receipt of the application to grant or deny the certificate of appro- priateness. Sec. 70-9. Landmarks - denial of certificate - demolition, removal or alteration prohibited for a specified period. In the case of a decision not to permit demolition, removal or alteration, the applicant for said certificate and the city building department will be notified in writing of such denial, which shall set forth the reasons given in support thereof. No permit shall be issued for the demolition, removal or alteration of said landmark for 180 days from the date of the notification. If, prior to the end of the aforesaid 180-day period, the commission determines that the preservation of the landmark requires an additional 180 days, the commission may extend the-period of time not to exceed an additional 180 days and shall thereupon give written notice to the planning director, the city building department and the owner of said landmark of such extension. A certificate of appropriateness shall issue as a matter of right at the expiration of said waiting period. Sec. 70-10. Appeals from denial of certificate. (a) Any person aggrieved by the commission's denial of a certificate of appropriateness required by Section 70-7 to demolish, remove or alter a designated landmark, may appeal the decision of the commission in the manner herein provided. -5- I I I Ordinance Number (b) within 30 calendar days after mailing the notice of decision of the-commission by certified mail, the appellant shall file his appeal with the city clerk. The appeal shall set forth the grounds relied upon by the appellant. Upon receipt of the written letter of appeal, the city clerk shall place the matter upon the city council agenda within thirty (30) days. (c) Within 30 days following the filing of the appeal, the city council shall review the decision of the commission and may refer the matter back to the commission for further consideration. If, in the opinion of the city council, the facts stated in the letter of appeal warrant further action, the city council shall set fhe matter for hearing and shall give written notice by certified mail addressed to the owner of the time and place for the hearing at least 10 days prior to the date thereof. (d) At the time set for the hearing, the appellant and any other interested party shall be given a reasonable oppor- tunity to be heard in order to show cause why the decision of the commission should be reversed or modified. The city council may reverse or affirm wholly or partly, or may modify, the decision of the commission, and may impose such conditions as the facts warrant, and its decision shall be final. Sec. 70-11. Significant public buildings - notification of plans. The commission shall be notified in writing by the planning director of any plans to materially alter or redecorate exterior or interior features of any significant buildings owned by the city or other public entities so that the commission may study such plans and make recommendations to the planning director. Such notification shall be received by the commission not less than 45 days prior to publication of a notice inviting bids for such work. Sec. 70-12. Zoning changes - notification required. A written notice of any hearings on a proposed zone change shall be given to the commission not less than 30 days prior to the hearing so that the commission may make its recommendations thereon to the planning director. Sec. 70-13. Termination of landmark designation. (a) In order to terminate a landmark designation, the property owner must make a written application to the commission, stating the reasons for the request. After a public hearing with written notice to the property owner, the commission may terminate the landmark designation. If the commission denies the application, the landmark designation will automatically terminate 180 days from the date of the decision of the commission. The commission's denial of an application for termination of landmark designation may be appealed to the city council by the applicant. Within thirty days after mailing the notice of the decision of the commission by certified mail, the appellant shall file his appeal with the city clerk. The appeal shall set forth the grounds relied upon by the appellant. Upon receipt of the written letter of appeal, the city clerk shall place the matter upon the city council agenda within thirty (30) days. After a public hearing with notice to the appellant, the city council may -6- " I I I Ordinance Number affirm the decision of the commission or it may terminate the landmark designation. If the ci~y council affirms the decision of the commission, the landmark designation will automatically terminate 180 days after the date of the commission's decision. (b) The commission, upon its own initiative, may terminate a landmark designation after a public hearing with written notice to the property owner. The property owner may appeal the decision of the commission to the city council as provided for in Section 7D-8(b)-(d). PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of 1977 . , Mayor ATTEST: City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach and ex-officio clerk of the City Council, do hereby certify that the aforegoing ordinance was introduced at a meeting held on 1977, and was adopted, passed and approved by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 1977, by the following vote: , AYES: Councilmen NOES: Councilmen ABSENT: Councilmen City Clerk -7-