HomeMy WebLinkAbout70 - Ordinances ORDINANCE NO. 70
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CREATING AN HISTORIC PRESERVATION
COMMISSION TO ACT IN ADVISORY CAPACITY TO THE CI%Y COUNCIL
IN THE IDENTIFICATION AND PRESERVATION OF HISTORICAL OBJECTS,
EVENTS, STRUCTURES AND SITES AND TO IDENTIFY PERSONS OF
HISTORICAL SIGNIFICANCE TO THE CITY OF RANCHO CUCAMONCA.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: Purpose. It is hereby found that the
protection, enhancement, perpetuation and use of structures and sites of
historic, architectural, and engineering significance, located within
the City of Rancho Cucamonga, are of cultural and aesthetic benefit to
the community. It is further found that the economic, cultural and
aesthetic standing of this City will be enhanced by respecting the
heritage of the City. The purpose of this Ordinance is to:
(a) Designate, preserve, protect, enhance
and perpetuate those historic structures and sites which contribute to
the cultural and aesthetic benefit of Rancho Cucamonga.
(b) Foster civic pride in the beauty and
accomplishments of the past.
(c) Stabilize and improve the economic
value of certain historic structures and sites.
(d) Protect and enhance the City's cultural
and aesthetic heritage.
(e) Promote and encourage continued
private ownership and utilization of such buildings, other structures
and sites now so owned and used, to the extent that the objectives
listed above can be attained under such policy.
SECTION 2: Material Chanse, Defined. A material
change is any change in the exterior appearance of a structure or feature,
through alteration, construction, relocation, grading demolition or
otherwise.
SECTION 3: Historic Preservation Commission. There is
hereby created the City of Rancho Cucamonga Historic Preservation Comission.
SECTION 4: Membership. The Historic Preservation
Commission shall consist of five (5) voting members who shall be residents
of the City of Rancho Cucamonga and appointed by the City Council,
subject to the following conditions:
(a) The term of office for each member
shall be four (4) years, except that two (2) of the members first appointed
shall be designated to serve for a term of two (2) years, and three (3)
a term of four (4) years, so as to provide a continuity of membership on
the Commission. Thereafter, the term for each voting member shall be
four (4) years. An appointment to fill an unexpired term shall be for
the remainder of such unexpired term.
(b) A Commission member may be removed
upon the majority vote of the entire City Council.
SECTION ~: Term. The Mayor, with the approval of
the City Council, shall appoint the first Chairperson from among the
members, subject to the following conditions: The term of office of
the Chairperson shall be for the calendar year, or that portion re-
maining after said Chairperson is appointed or elected. Thereafter,
when there is a vacancy in the office of Chairperson, the Commission
shall elect a Chairperson from among its members.
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SECTION 6: Administration. The Community Services
Director shall act as Secretary to the Historic Preservation Commission
and shall be the custodian of its records, conduct official correspondence,
and .~nerally coordinate the clerical and technical work of the
Historic Preservation Commission in administering this Ordinance.
The Community Services Director may designate an alternate to serve as
Secretary during the absence of the Director.
SECTION 7: Duties of the Historic Preservation
Commission. The Historic Preservation Commission shall have the power
and duty to:
(a) Administer the provisions of this
Ordinance.
(b) Perform such other advisory functions
as may be delegated from time to time to the Historic Preservation
Commission by the City Council.
(c) Cause to be maintained a current
register of landmark designations for public use and information.
SECTION 8: Designation of Landmarks. The Historic
Preservation Commission, pursuant to the procedures set forth
herein, may recommend to the Citv Council the designation of a "Land-
mark" for an individual structure or other feature, or group of structures
on a sin~ie lot or site, or a site having special aesthetic, cultural,
architectural, or engineering interest or value of an historical nature.
(a) Each such designation shall include
a description of the characteristics of the landmark which justify
the designation and consequent benefits to the public which will be
derived from its preservation. There shall be a description of the
particular features that should be preserved, and the legal description
of the landmark site.
(b) The Historic Preservation Commission
may at any time recommend to the City Council the amending or rescind-
ing of a landmark designation pursuant to the same procedures set
forth in this Ordinance for original designation.
SECTION 9: Review Criteria. When design,ting a
landmark, the Historic Preservation Commission and the City qouncil
shall consider the following criteria as a guide in making its deter-
mination:
(a) Historical and Cultural Significance.
(1) The proposed landmark is
particularly representative of an historical period, type, style,
region, or way of life.
(2) Fhe proposed landmark is an
example of a type of building which was once common but is now rare.
(3) %he proposed landmark is of
greater age than most of its kind.
(4) The proposed landmark was
connected with someone renowned, important, or local personality.
(5) The proposed landmark is
connected with a business or use which was once common but is n.w rare.
(6) The architect or builder was
important.
(7) The site is the location of an
important historic event or building.
Ordinance No. 70
Page 3
(b) Historic Architectural and
En~ineerin~ S.i~nificance.
(1) The construction materials
or engineering methods used in the proposed landmark are unusual
or significant or uniquely effective.
(2) The overall effect of the
design of the proposed landmark is beautiful, or its details and
materials are beautiful or unusual.
(c) Neighborhood and Geographic Setting.
(1) The proposed landmark
materially benefits the historic character of the neighborhood.
(2) The proposed landmark in its
location represents an established and familiar visual feature of the
neighborhood, community or city.
SECTION 10: Procedure for Designation of a Landmark.
(a) Designation of landmarks may be
proposed by the City Council, Historic Preservation Commission, the
Secretary or on application of the owners, or their authorized agents,
of the property for which designation is requested.
(b) Any such proposal shall be filed
with the Community Services Department upon the prescribed form
and shall include the following data:
(1) Assessor's parcel number and
legal description of site.
(2) Description detailing the
landmarks, special aesthetic, cultural, architectural, or engineering
interest or value of an historic nature.
(3) Sketches, drawings, photographs
or other descriptive material.
(4) Statement of condition of
structure.
(5) Other information requested by
Historic Preservation Commission.
(c) The application shall be referred to
the Historic Preservation Commission for review and report to the City
Council as to conformance with the purposes and criteria of this
Ordinance. The Historic Preservation Commission shall hold a public
hearing. The Historic Preservation Commission shall recommend approval,
disapproval, or modification of the designation to the City Council.
(d) The City Council shall hold a
public hearing on any proposed designation so transmitted. The
City Council may approve, modify and approve, or deny the proposed
designation. Approval, or modification and approval, of the designation
shall be upon adoption of an Ordinance.
(e) The property included in any such
designation shall be subject to the regulations set forth in this
Ordinance and any further controls specified in the designating
Ordinance.
(f) The Secretary shall cause a copy of
the designating Ordinance to be forwarded to any department or agency
requesting it or to any individual department or agency to whom the
Secretary considers it appropriate to have it sent.
(g) A landmark may be identified by an
approved City marker.
SECTION 11: Procedure for Chan~e of Use of a Landmark.
(a) Change of use of a structure on a
la~!~ark site shall require a special use permit.
(b) An application for the special use
permit shall be filed with the Community Services Department upon the
prescribed form and shall contain the following information:
(1) A plan showing the relation
of the proposed use to surrounding structures.
(2) Alterations required for the
change of use.
(3) Other information deemed
necessary by the Historic Preservation Commission.
(c) After receiving an application for
a special use permit, the Community Services Department shall refer it
to the Historic Preservation Commission which shall hold a public
hearing.
(d) The Historic Preservation Commission
may approve, approve with modifications, or disapprove the application.
(e) Prior to approval or modified
approval, the Historic Preservation Commission shall find that:
(1) The action proposed is consistent
with the purposes of this Ordinance; and,
(2) The use proposed will not be
detrimental to a structure or feature of significant aesthetic, cultural,
architectural or engineering interest or value of an historic nature; or,
(3) The applicant has demonstrated that
denial of the application will result in immediate and substantial
hardship.
(f) Upon approval of an application, the
Historic Preservation Commission shall issue a special use permit,
one (i) copy of which will be forwarded to the applicant, one (1)
copy of which will be retained in the files of the Community Services
Department, and one (1) copy of which shall be forwarded to any other
department or agencv requesting it.
(g) Any person residing in or owning
property in the City shall have the right of appeal to the City
Council. Notice of appeal must be filed with the City Clerk within
ten (10) days following the action of the Historic Preservation Commission.
(h) No special use permit shall be
issued unless the proposed use at the subject location is permitted
by the Zoning Ordinance.
SECTION 12: Procedure to Authorize Construction,
Demolition, Relocation, or Material
Chan~e on a DePisnated Landmark.
(a) Except as otheB~ise provided in
Section ]6 of this Ordinance, it shall be unlawful for any person to
carry out or cause to be carried out a material change on any designated
landmark unless a landmark alteration permit has first been obtained for
such material change.
Ordinance No. 70
Page 5
(b) Any person desiring to carry out a
material change on a designated landmark shall apply for a landmark
alteration permit.
(c) An application for a landmark alteration
permit shall be filed with the Community Services Department upon the
prescribed form and shall contain the following data.
(1) A statement of the proposed
work;
(2) Plans describing the size,
height, and appearance of the proposed work;
(3) A site plan showing all existing
buildings and structures and the proposed work;
(4) Where the application is
for demolition, the necessity for demolition shall be justified; and,
(5) Other information deemed
necessary by the Historic Preservation Commission.
(d) After receiving an application for
a landmark alteration permit, the Community Services Department shall
refer it to the Historic Preservation Commission which shall hold a
public hearing.
(e) The Historic Preservation Commission
in considering the appropriateness of the landmark alteration application
shall consider, among other things, the purposes of this Ordinance
and the historic architectural value and significance of the landmark.
Among other things, the Commission shall take into consideration the
texture and material of the building or structure in question or its
appurtenant fixtures, including signs, fences, parking, site plan and
landscaping.
(f) The Historic Preservation Commission
may approve, approve with modifications, or disapprove the application.
(g) Prior to approval or modified approval,
the HiStoric Preservation Commission shall find that:
(1) The action proposed is consistent
with the purposes of this ordinance; and,
(2) The action proposed will not
be detrimental to a structure or feature of significant aesthetic,
cultural, architectural, or engineering interest or value of an
historical nature; or,
(3) The action proposed is necessary
to correct an unsafe or dangerous condition on the property; or,
(4) The applicant has demonstrated the
denial of the application will result in immediate or substantial
hardship.
(h) Upon approval of an application, the
Historic Preservation Commission shall issue a landmark alteration permit,
one (1) copy of which shall be forwarded to the applicant, one (1) copy
of which shall be retained in the files of the Community Services
Department, and one (1) copy of which shall be forwarded to the Building
Official. In addition, a copy shall be forwarded to any other department
or agency requesting it.
(i) Any person residing in or owning
property in the City shall have the right of appeal to the City Council.
Notice of appeal must be filed with the City Clerk within ten (10) days
following the action of the Historic Preservation Commission.
(j) No building, grading or demolition
permit shall be issued by the City, if the issuance of such permit
will allow a material change to be carried out on a designated landmark,
unless the applicant for such permit has first obtained a landmark
alteration permit.
SECTION 13: Advice and Guidance to Property Owners.
The Historic Preservation Commission may, upon request of the property
owner, render non-technical advice on proposed work on a designated
landmark alteration permit. In rendering such advice and guidance, the
Historic Preservation Commission shall be guided by the purposes and
criteria in this Ordinance. This Section shall not be construed to
impose anv regulations or controls upon any property.
SECTION 14: Conformance Requirement. Issuance of
permit in conformance with this Ordinance shall not alter conformance
requirements with the other standards and requirements of this Ordinance,
or any other applicable Ordinance.
SECTION 15: Unsafe or Dangerous Condition. None of
the provisions of this Ordinance shall be construed to prevent any
measures of construction, alteration, removal, demolition or relocation
necessary to correct the unsafe or dangerous conditions of any structure,
other feature, or part thereof, which such condition has been declared
unsafe or dangerous by the Building Official, after informing the Historic
Preservation Commission when the structure is a landmark, and where
the proposed measures have been declared necessary by such official to
correct the said condition, provided however, that onlv such work as
is necessary to correct the unsafe or dangerous condition may be performed
pursuant to this Section. In the event any structure or other feature
shall be damaged by fire or other calamity, the Secretarv or Building
Official mav authorize, prior to the Commission's review, that amo~nt
of repair or demolition necessarv to correct an unsafe condition.
SECTION 16: Property Owned by Public Agencies. The
Secretary shall take appropriate steps to notify all public agencies
which own or may acquire property in the City, of the responsibilities
involved in the ownership of designated landmark propertf. In the
case of any publicly owned landmark, the agency o~ing sa property
shall obtain the approval of the Historic Preservation C~z~!ission prior
to construction, alteration or demolition thereon; and the Historic
Preservation Commission shall render a report to the owner as expeditiously
as possible, based on the purposes and standards of this Ordinance. If
Historic Preservation Commission review of a public project involving
construction, alteration, demolition or removal on a landmark structure
site is required nnder anv other law, the Historic Pr~ ~rvation Commission
shall render the report referred to in this Section t,~ ~uch public agencv
without specific request therefor. All officers, boards, commissions and
departments of the City shall cooperate in carrying out the spirit and
intent of this Ordinance.
SECTION 17: Filing Fees. Before accepting for filing
any application described in this Ordinance, the Secretary shall charge
and collect such administrative fee as may be set bv resolution of the
City Council.
SECTION 18: Public Hearings, Notice and Conduct.
(a) ~henever a public hearing is required
by the provisions of this Ordinance, it shall be held in accordance with
the provisions of this Section.
(b) A public hearing before the Historic
Preservation Commission shall be at a t~e and place fixed by the
Secretary but not more than forty-fiw~ 5) davs after the submission
of an application or a proposal for whz ~ the public hearing is required.
Ordinance No. 70
Page 7
(c) A public hearing before the City
Council shall be during a regular meeting of the City Council. The
City Clerk shall fix the date for the hearing which shall not be later
than thirty (30) days after the matter to be considered is referred
to the City Council.
(d) A public hearing may be continued by
the body holding the same for a period not in excess of thirty (30)
days.
(e) Notice of the time, place and purpose
of a public hearing shall be published once in a newspaper of general
circulation in the City not less than ten (10) days prior to the date
of the hearing.
SECTION 19: Appeals. The City Council shall hold a
i~ublic hearing to consider an appeal from a decision of the Historic
Preservation Commission. The City Council may affirm, reverse or modify
the action of the Historic Preservation Commission.
SECTION 20: Enforcement.
(a) Duty to Administer and Enforce. It
shall be the duty of the Community Services Department, and the
Building Official to administer and enforce the provision of this
Ordinance with the assistance of other City Departments when deemed
necessary.
(b) Penalties. Any person, corporation
or other entity violating any of the provisions of this Ordinance
shall be subject to fine of not more than Five Hundred Dollars ($500.00)
or imprisonment of not more than six (6) months, or both such fine
and imprisonment.
SECTION 21: The Mayor shall sign this Ordinance and the
City Clerk shall attest to the same, and the City Clerk shall cause
the same to be published within fifteen (15) days after its passage,
at least once in The Daily Report, a newspaper of general circulation,
published in the City of Ontario, California, and circulated in the City
of Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 4th day of April, 1979.
AYES: Mikels, Schlosser, Palombo, Frost
NOES: None
ABSENT: West ~ ~~_
ATTEST: ~