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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. Pa? ~ 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: ~