Loading...
HomeMy WebLinkAbout848 - OrdinancesORDINANCE NO. 848 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2008-00158, A REQUEST TO DELETE CHAPTER 2.24, TITLE 2 OF THE CITY OF RANCHO CUCAMONGA MUNICIPAL CODE AND REPLACE IT IN ITS ENTIRETY, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment No. DRC2008-00158, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On April 25, 2007, the Historic Preservation Commission approved a request to initiate a Municipal Code Amendment. 3. On May 25, 2011, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced amendment and, following the conclusion thereof, adopted its Resolution No. 11-04, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 4. On June 15, 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on June 15, 2011, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. This amendment does not conflict with the Land Use Policies of the General Plan and is in conformance with the General Plan; and d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and e. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and f. The Planning Department staff has prepared an Initial Study pursuant to the California Environmental Quality Act (CEQA). As indicated on the attached Initial Study, there is no substantial evidence that the project would have a significant affect on the environment; thus, a Negative Declaration has been prepared and circulated to specific agencies and interested parties as well as a public hearing notice. The Historic Preservation Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. SECTION 3: Chapter 2.24 (Historic Preservation) of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as shown on Attachment A. SECTION 4: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Please see the /ollowing page /or /onnal adoption, cepcation and signatures Ordinance No. 848 -Page 2 of 20 PASSED, APPROVED, AND ADOPTED this 6"' day of July 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: ice C. Reynolds, City erk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 15`" day of June 2011, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 6`" day of July 2011. Executed this 7'h day of July 2011, at Rancho Cucamonga, California. ice C. Reynolds, City Jerk Ordinance No. 848 -Page 3 of 20 ATTACHMENT A Chapter HISTORIC PRESERVATION 2.24.010 Purpose. 2.24 It is found that the protection, enhancement, perpetuation, and use of districts, sites, and structures of historic, cultural, and architectural significance, located within the City of Rancho Cucamonga are of aesthetic and economic value to the City. It is further found that cultural and Historic Resources contribute to the City's character, atmosphere, and reputation, and that respecting the heritage of the City will enhance its economic, cultural, and aesthetic standing. Therefore, it is imperative that the City safeguards these irreplaceable resources for the welfare, enjoyment, and education of the present and future community. The purpose of this Chapter is to: A. Provide a mechanism to identify, designate, protect, preserve, enhance, and perpetuate those historic sites, structures, and objects that embody and reflect the City's aesthetic, cultural, architectural, and historic heritage; B. Foster civic pride in the beauty and accomplishments represented by the City's Historic Landmarks and distinctive neighborhoods and recognize these resources as economic assets; C. Encourage the protection, enhancement, appreciation, and use of structures of historical, cultural, architectural, community, or aesthetic value that have not been designated as historical resources but are deserving of recognition; D. Enhance the quality of life and promote future economic development within the City by stabilizing and improving the aesthetic and economic value of such districts, sites, structures, and objects; E. Encourage adaptive reuse of the City's Historic Resources by promoting public awareness of the value of rehabilitation, restoration, and maintenance of existing buildings as a means to conserve reusable material and energy resources; F. Integrate historic preservation within the City's comprehensive development plan; G. Promote and encourage historic preservation through continued private ownership and utilization of such sites, buildings, and other structures now so owned and used, to the extent that the objectives listed above can be.attained under such policy. 2.24.020 Definitions. The following terms when used in this Chapter shall have the meaning set forth in this Section, unless a different meaning clearly appears from the context: "Alteration" means any act or process that modifies a Historic Landmark or Contributing Resource that either: (1) requires a building permit and changes one or more of the features of a landscape or structure including, without limitation, the erection, construction, reconstruction, or relocation of any structure or any part of a structure; or (2) significantly changes any feature of a landscape or exterior of a structure that relates to its status as a Historic Landmark or Contributing Resource, regardless of whether such act or process requires a building permit. Ordinance No. 848 -Page 4 of 20 "Building and Safety Official" means the Building and Safety Official of the City of Rancho Cucamonga or his or her designee. "Commission" means the City of Rancho Cucamonga Historic Preservation Commission. "Conservation District" means an area of the City designated as a Conservation District pursuant to this Chapter. "Contributing Resource" means any site, sign, structure, building, landscape, object, area, place, or feature within a Conservation District that is either a separately designated Historic Landmark or designated as a resource that contributes to the district's historic, cultural, or architectural significance. "Council" means the City Council of the City of Rancho Cucamonga. "Demolition" means any act or process that destroys, in whole or in part, a building, structure, or site or permanently impairs its structural integrity. "Historic Landmark" means any structure any site, sign, structure, building, landscape, object, area, place, or feature designated as a Historic Landmark pursuant to this Chapter. "Inventory of Historic Resources" means the inventory adopted by the Commission of potentially historic sites, structures, buildings, landscapes, areas, and places in the City. "Ordinary maintenance and repair" means any work for which a building permit is not required by law the purpose and effect of which is to correct any deterioration of or damage to an improvement or natural feature or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. "Planning Director" means the Planning Director of the City of Rancho Cucamonga or his or her designee. "Point of Historic Interest" means a location designated as a Point of Historic Interest pursuant to this Chapter. "Register of Historic Resources" means the inventory adopted by the Commission of Historic Landmarks, Points of Historic Interest, and Conservation Districts designated pursuant to this Chapter. "Rehabilitation" means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural significance. "Restoration" means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period, which may include the limited and sensitive upgrade of mechanical, electrical, and plumbing systems and other code-required work to make the property functional. "Secretary's Standards" means the Standards for the Treatment of Historic Properties adopted by the United States Secretary of the Interior, and all guidelines adopted for the implementation of the same. Ordinance No. 848 -Page 5 of 20 "Small Business" means any office-type use that does not exceed 2,500 square feet, with no more than 5 employees. "State Historical Building Code" means California Health & Safety Code, Section 18950 et seq. and the California Historical Building Code, codified at Part 8, Title 24 of the California Code of Regulations, as either of these may be amended from time to time. 2.24.030 Historic Preservation Commission. A. There is created the Historic Preservatiqn Commission of the City of Rancho Cucamonga. B. Powers and Duties: The Commission shall have the following powers and duties in addition to any other duties specified in this Chapter: 1. Administer the provisions of this Chapter. 2. Advise the Council in all matters pertaining to historic preservation. 3. Maintain a current register of designated Historic Resources for public use and information. 4. Maintain a current inventory of potentially Historic Resources for public use and information. 5. Recommend the designation of historical resources, as hereinafter provided by this Chapter. 6. Review and hold public hearings on applications for Certificates of Appropriateness, as hereinafter provided. 7. Review and comment on the decisions and documents, including but not limited to environmental assessments, Environmental Impact Reports, and Environmental Impact Statements, prepared by other public agencies when such decisions or documents might affect designated or potential historical resources within the City. 8. Participate in, promote, and conduct public informational, educational, and interpretive programs pertaining to historical resources. 9. Recommend and encourage the protection, enhancement, appreciation, and use of structures of historical, cultural, architectural, community or aesthetic value that have not been designated as historical resources but are deserving of recognition. 10. Consider requests by property owners for non-technical advice on proposed work on historical landmarks and Contributing Resources.. 11. Perform any other functions that may be designated by resolution or action of the Council. C. Membership -Appointment and Terms. The Commission shall consist of 5 voting members who shall each be residents of the City and appointed by the Council. Ordinance No. 848 -Page 6 of 20 1. Each member shall serve a term of 4 years, except that two (2) of the members first appointed shall be designated to serve a term of 2 years, and three (3) of the members for 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 4 years. An appointment to fill an unexpired term shall be for the remainder of such unexpired term. Three members of the Commission shall constitute a quorum. 2. Commission members shall be appointed to terms commencing on the first day of January next succeeding each regular municipal election scheduled to occur in November of even-number years. D. Chairperson and Vice-Chairperson -Appointment and Term. The Mayor, with the approval of the Council, shall appoint the first chairperson from among the members of the Commission. The term of office of the chairperson shall be for the calendar year or that portion remaining after the chairperson is appointed or elected. Thereafter, when there is a vacancy in the office of the Chairperson, the Commission shall elect a Chairperson and Vice-Chairperson each year in the month of July from among its members. The same individual shall not hold the position of Chairman for more than three years in a row. E. Assignment of Duties by Council 1. Notwithstanding any other provision of this Chapter, the Council may, by resolution, designate the Planning Commission as the Historic Preservation Commission and vest all functions, rights, powers, and duties of the Historic Preservation Commission in the Planning Commission. In the event the Council so designates the Planning Commission, the membership, terms of office and officers of the Historic Preservation Commission shall be the same as that set forth for the Planning Commission. 2. If, on the effective date of this Section, the Planning Commission is then acting as the Historic Preservation Commission pursuant to the Council's previous designation, such designation shall continue in effect and the Planning Commission shall continue to act as the Historic Preservation Commission subject to the requirements and terms of this Chapter. F. Secretary: The Planning Director shall act as Secretary to the Commission and shall be custodian of its records, conduct official correspondence, and generally coordinate the clerical and technical work of the Commission in administering this Chapter. 2.24.040 Designation of Historic Landmarks, Points of Historic Interest, and Conservation Districts. A. Automatic Designation. Any property within the City that is listed in the National Register of Historic Places or the California Register of Historic Resources is automatically designated as a Landmark for purposes of this Chapter. B. Prior Designations. Any Historic Landmark or Point of Historic Interest previously designated as such by the City on or before the effective date of this Chapter shall continue to be a Historic Landmark or Point of Historic Interest as previously designated for purposes of this Chapter and shall be subject to all provisions herein. C. New Designations. The Council may designate any structure, property, or properties as a Historic Landmark, Point of Historic Interest, or Contributing Resource subject to the criteria and procedures set forth in this Chapter. Ordinance No. 848 -Page 7 of 20 D. Amendment or Rescission. The Council may amend or rescind the designation of any Historic Landmark, Point of Historic Interest, Historic District, or Conservation District for purposes of this Chapter, subject to the same procedures required for their designation, including without limitation hearing and recommendation of the Commission. 2.24.050 Designation Criteria for Historic Landmarks. A. The Council may designate a property as a Historic Landmark if it meets the requirements of both paragraphs B and C of this Section. B. Historic Landmarks must meet at least one of the following criteria: 1. It is or was once associated with events that made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. 2. It is or was once associated with persons important to local, California, or national history. 3. It embodies the distinctive characteristics of a type, period, or method of construction 4. It represents the work of a master, possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. 5. It has yielded or has the potential to yield information important to the prehistory or history of the local area, California, or the nation. C. Historic Landmarks must retain integrity from their period of significance with respect to its location, design, setting, materials, workmanship, feeling, association, or any combination of these factors. A proposed landmark need not retain all such original aspects, but must retain sufficient integrity to convey its historic, cultural, or architectural significance. Neither the deferred maintenance of a proposed landmark nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property's eligibility. 2.24.060 Designation Criteria for Points of Historic Interest. A. The Council may designate a property as a Point of Historic Interest, if it meets the requirements applicable to Historic Landmarks under paragraph B of Section 2.24.050. Points of Historic Interest shall not be required to retain integrity from their periods of significance. B. Designated Points of Historic Interest shall not be subject to the same restrictions applicable to designated Historic Landmarks and Contributing Resources. C. Nothing in this Section shall be construed as limiting or foreclosing analysis of the impacts of a proposed project on a Point of Historic Interest under the California Environmental Quality Act. D. The Commission shall maintain a current register of Points of Historic Interest for public use and information. Ordinance No. 848 -Page 8 of 20 2.24.070 Designation Criteria for Historic Districts and Conservation Districts. A. The Council may designate a property or collection of properties as a Historic District if the proposed district meets the requirements of both paragraphs B and C of this paragraph Section. B. Historic Districts must meet at least one of the following criteria: 1. It has an identifiable, clear, and distinct boundary that possesses a significant concentration of structures sharing common historical, visual, aesthetical, cultural, archaeological, or architectural plan or physical development; or 2. It demonstrates character, interest, or value as part of the development, heritage, or cultural characteristics of the community, state, or country; or 3. It is the site of a significant local, state, or national event; or 4. It is associated with the lives of persons important to local, state, or national history; or 5. It is identifiable as the work of a master builder, designer, architect, artist, or landscape architect whose individual work has influenced the development of the community, county, state, or country. C. Historic Districts must retain integrity from their period of significance with respect to its location, design, setting, materials, workmanship, feeling, and association. Not all properties or structures in a proposed district need to retain all such original aspects, but a substantial number of such properties and structures must retain sufficient integrity to convey the historic, cultural, or architectural significance of the district. Neither deferred maintenance within a proposed district nor the dilapidated condition of its constituent buildings and landscapes shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the district's eligibility. D. Conservation Districts: The Council may designate a property or collection of properties that do not qualify as a Historic District as a Conservation District if the proposed district has either: 1. A distinctive, cohesive, and identifiable setting, character, or association that make it unique and an integral part of the City's identity; or 2. A recognized neighborhood identity and a definable physical character and either high artistic value or a relationship to urban centers or Historic Districts that makes conservation of the proposed Conservation District essential to the City's history or function. 2.24.080 Owner Consent. Owner consent is not required for a structure or property to be designated as a Point of Historic Interest, Historic Landmark, or a Contributing Resource. However, a structure or property cannot be designated as either a Historic Landmark or a Contributing Resource over the owner's objection unless the Council makes all of the following findings: A. The structure or property is on the City's historical inventory; Ordinance No. 848 -Page 9 of 20 B. The structure or property possesses exceptional architectural, historical, aesthetic, or cultural qualities; C. Designation will preserve or protect the exceptional qualities of the structure or property. 2.24.090 Designation Procedures - Historic Landmarks and Points of Historic Interest. A. Application. The City Council, Historic Preservation Commission, Planning Director, or the owners of the subject property or their authorized agents may apply for a Historic Landmark or Point of Historic Interest designation. A third party who believes that a property or structure should be designated may submit a written request for the Commission to initiate an application. In the event the Council or Commission initiates the application, the Planning Director shall complete the required application. All applications shall be made on a form prescribed by the Planning Director and shall include the following data: The assessor's parcel number and legal description of site; 2. A description of the Historic Landmark or Point of Historic Interest; including its current condition and its special aesthetic, cultural, architectural, or engineering interest, or value of a historic nature; 3. Sketches, drawings, photographs, or other descriptive material; 4. The signature of the property owner or the authorized agents. (See also Section 2.24.080: Owner Consent); 5. Such other information as requested by the Planning Director. B. Except as necessary to correct an unsafe or dangerous condition pursuant to Section 2.24.190, it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a Certificate of Appropriateness on a proposed Historic Landmark for which an application has been filed until the Council has taken final action denying the application. C. Survey. Within 45 days of when a designation application is deemed complete, the Planning Director shall conduct a survey to document all potentially historic features of the subject property and prepare a report to the Commission. D. Commission Review and Recommendation. The Commission shall conduct a public hearing on the application. After the close of the public hearing, the Commission shall adopt a resolution recommending to the Council the approval, conditional approval, or denial of the application. E. Council Determination. After receiving the Commission's recommendation, the Council shall conduct a public hearing on the application; excepting that an application for the designation of a Point of Historic Interest may be approved via the consent calendar without public hearing. The Council shall adopt a resolution approving, conditionally approving, or denying the application. If the Council has not taken action on the application within 180 days of the Commission's recommendation, then the application shall be deemed denied. F. The Planning Director shall forward a copy of the resolution. approving the designation of a Historic Landmark or Point of Historic Interest to any department or agency that the Planning Director deems appropriate. Ordinance No. 848 -Page 10 of 20 G. Upon designation by the Council, the Planning Director shall record the location, characteristics, and significance of the Historic Landmark or Point of Historic Interest on a California Department of Parks and Recreation Historic Resources Inventory Form 523, and include therewith a description of the particular features that are to be preserved and the legal description of the Historic Resource. H. A designated Historic Landmark or Point of Historic Interest may be identified by an approved City marker, but such a marker is not required. 2.24.100 Designation Procedures -Historic Districts and Conservation Districts. A. Procedures for the application and designation of Historic Districts and Conservation Districts shall be the same as those applicable to Historic Landmarks and Points of Historic Interest except as modified by this section. B. Applications: In addition to all other information and materials required by Section 2.27.090(A), all applications for designation of Historic Districts and Conservation Districts shall include the following: 1. A petition in support of the application that is signed by at least 51 percent of the owners of the properties within the proposed district. For purposes of the petition requirement, only one signature shall be allowed per parcel. 2. A depiction of the district that includes a clear and distinct description of its boundaries and an inventory of all contributing and non-Contributing Resources within the district. 3. A proposed conservation plan to regulate the manner in which the preservation objectives of the district will be attained. C. Except as necessary to correct an unsafe or dangerous condition pursuant to Section 2.24.190, it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a Certificate of Appropriateness for any property within the boundaries of a proposed historic or Conservation District for which an application is pending. D. Whenever the Council designates a Historic District or Conservation District, it shall also adopt: (1) a written description and clear depiction of the district boundaries; (2) an inventory that identifies and describes Contributing Resources for the district; and (3) a conservation plan to regulate the manner in which the preservation objectives of the district will be attained. 2.24.110 Maintenance of Historic Landmarks and Contributing Resources. A. The owner, occupant, or other person having legal custody and control of a Historic Landmark or Contributing Resource shall keep in good repair all exterior portions thereof, all interior portions thereof regulated by the applicable designation statement or adopted conservation plan, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. B. The owner, occupant or other person having legal custody and control of a Historic Landmark or Contributing Resource shall promptly repair such building or structure consistent with all other applicable local, State, and Federal laws, if it is found to have any of the following defects as determined by the Building and Safety Official: Ordinance No. 848 -Page 11 of 20 1. Building elements in danger of falling and injuring persons or property. 2. Deteriorated or inadequate foundation. 3. Defective or deteriorated flooring. 4. Walls, partitions, or other vertical supports that split, lean, list, buckle, or are otherwise failing due to defective material or deterioration. 5. Ceilings, roofs, roof supports, or other horizontal members that sag, split, buckle, or are otherwise failing due to defective materials or deterioration. 6. Fireplaces or chimneys that list, bulge, settle, or are otherwise failing due to defective material or deterioration. 7. Deteriorated, crumbling or loose exterior plaster. 8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors; including, but not limited to broken windows or doors. 9. Defective or insufficient weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering. 10. Any fault, defect, or deterioration in the building that renders it structurally unsafe or insufficiently watertight. C. A Certificate of Appropriateness shall not be issued for the demolition of a Historic Landmark or a Contributing Resource because of the failure of the owner to comply with the provisions of this section. 2.24.120 Commission Advisory Function. The Commission may, upon request of the property owner, render non-technical advice on proposed work on a Historic Landmark or to a Contributing Resource. In rendering such advice and guidance, the Commission shall be guided by the purposes and criteria in this Chapter. This Section shall not be construed to impose any regulation or controls upon any property. 2.24.130 Certificates of Appropriateness -Requirement. A. No person shall carry out or cause to lie carried out any alteration, restoration, rehabilitation, construction, removal; relocation, or demolition of any Historic Landmark or Contributing Resource unless the City has first issued a Certificate of Appropriateness in accordance with the requirements of this Chapter. B. Exceptions. A Certificate of Appropriateness shall not be required for any of the following actions. 1. Ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or external appearance of a Historic Landmark or Contributing Resource. Ordinance No. 848 - Paae 12 of 20 2. Alterations previously identified in an adopted conservation plan for a Historic District or Conservation District and designated in such conservation plan for review through the design review procedures set forth in Section 17.06.010 of the Development Code and approved accordingly. 3. Alterations that comply with the State Historical Building Code. 4. Alterations or actions for which a Certificate of Economic Hardship has been approved. 2.24.140 Certificate of Appropriateness -Procedures. A. Application. An application for a Certificate of Appropriateness shall be filed with the Planning Department upon the prescribed form and shall contain the following data: 1. A description of the proposed work and an explanation of how it is compatible with the historical nature of the resource. 2. Plans describing the size, height, and appearance of the proposed work. 3. A site plan showing all existing buildings and structures and the relationship of the proposed work to the surrounding environment. 4. Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage, for new construction in Historic Districts. 5. If the application is for demolition, an explanation why the demolition is necessary and an economic feasibility report. 6. Other information deemed necessary by the Planning Director. B. Commission Review. The Commission shall conduct a public hearing on the application, after which it shall adopt a resolution approving, conditionally approving, or denying the application. C. Planning Director Review. Notwithstanding the previous paragraph, the Planning Director shall review, and after conducting a public hearing, shall deny, approve, or conditionally approve any application fdr a Certificate of Appropriateness for any of the following types of alterations: 1. Repair or replacement of deteriorated materials with applications or materials of the same kind, type, and texture already in use for roofs, windows, siding material, chimneys and fireplaces, accessory structures, or fencing. 2. Addition or deletion of awnings, shutters, canopies, and similar incidental appurtenances. D. Upon approval, copies of the Certificate of Appropriateness shall be forwarded to the applicant, the Building and Safety Official, the Planning Director, and any other department or agency that requests one. E. No Certificate of Appropriateness shall become effective until the time t6 appeal its approval has expired. Ordinance No. 848 - Paae 13 of 20 2.24.150 Certificate of Appropriateness -Findings. A. Standard Findings. A Certificate of Appropriateness shall not be approved unless the Commission or Planning Director, as appropriate, makes all of the following findings: 1. The project will not cause a substantial adverse change in the significance of an Historic Resource within the meaning of the California Environmental Quality Act. 2. The project is consistent with the purposes of this Chapter. 3. The project is consistent with the Secretary's Standards. B. Additional Findings for Demolitions: In the case of a Certificate of Appropriateness to allow demolition of part or all of a Historic Landmark or Contributing Resource, all of the following additional findings must be made. exhausted All efforts to restore, rehabilitate, or relocate the resource have been 2. Restoration or rehabilitation would require extensive alterations that would render the resource unworthy of preservation. 3. Failure to demolish the resource would adversely affect or detract from the character of the neighborhood. C. Unsafe or Dangerous Conditions. Notwithstanding any other provision of this Section, an application for a Certificate of Appropriateness may be approved if the Commission finds the project is necessary to correct an unsafe or dangerous condition on the subject property that was not caused by a failure to maintain the property as required by this Chapter. 2.24.160 Certificate of Economic Hardship. A. The Commission may issue a Certificate of Economic Hardship to allow alteration or demolition of a Historic Landmark or Contributing Resource where denial of a Certificate of Appropriateness would create an undue hardship upon the owner. B. Applications. An application for a Certificate of Economic Hardship shall be made on the prescribed form and shall be accompanied by all of the following information if requested by the Planning Director: The estimated market value of the property in its current condition. 2. The estimated market value of the property after completion of the proposed alteration or demolition. 3. Estimates of the costs of proposed alteration or demolition. 4. In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use and an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional with experience in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property. Ordinance No. A48 - Paae 14 of 20 5. A rehabilitation report from a licensed structural engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation. 6. For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation, and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes. 7. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years. 8. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property. 9. The amount paid for the property if purchased within the previous thirty six (36) months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. 10. Any listing of the property for sale, rent, prices asked, and offers received, if any within the previous two (2) years. 11. Any other information the Planning Director may reasonably require to determine whether or not the property does or may yield a reasonable return to the owners. C. The Commission shall hold a public hearing on all applications for a Certificate of Economic Hardship; after which it may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application fora Certificate of Appropriateness. D. The Commission shall not approve any Certificate of Economic Hardship unless it makes all of the following findings: 1. Denial of the application would decrease the value of the subject property so as to leave no substantial value. 2. Sale or rental of the. property is not financially feasible, when looking at the cost of holding such property for uses permitted in this zone. impractical 3. Adaptive reuse of the property for lawful purposes is prohibited or 4. Denial of the. application would damage the owner of the. property unreasonably in comparison to the benefit conferred on the community. E. Upon approval, copies of the Certificate of Economic Hardship shall be forwarded to the applicant, the Building and Safety Official, the Planning Director, and any other department or agency that requests one. F. No Certificate of Economic Hardship shall become effective until the time to appeal its approval has expired. Ordinance No. 848 - Paae 15 of 20 2.24.170 Mitigation/Conditions of Approval. Whenever any decision under this Chapter by the Council, Commission, or Planning Director to approve an application has the potential to diminish or destroy the historic, cultural, or architectural value of a Historic Landmark or Contributing Resource, the Commission or Planning Director may impose conditions to mitigate the loss of a Historic Landmark or Contributing Resource. Such conditions may include, but not be limited to the following: A. Documentation of the historic features of the property including, but not limited to, site plans, floor plans, elevations, detailed drawings of character defining features, photographic records of the exterior, interior, and any character defining features, title deed of the original owners, any historical information of person and events associated with the site. B. Requiring salvage, relocation, donation, or adaptive reuse of significant items or features within or on the property. 2.24.180 Demolition of Potential Historic Resources. A. No permit for the demolition of any structure more than 50 years old or located on a property listed in the inventory of Historic Resources shall be issued unless the provisions of this Section have been satisfied. B. Within 30 days of when an application for such a permit is deemed complete, the Planning Director shall review the historic significance of the property to determine whether the property meets the criteria for a Historic Landmark. If the Planning Director finds the property meets the criteria, he or she shall immediately initiate a Historic Landmark Application and provide written notice of the decision to the property owner. C. If the Planning Director initiates a Historic Landmark Application, no demolition permit shall issue until final action of the Council, denying the proposed designation, except as otherwise provided in Section 2.24.190. D. If the Planning Director does not initiate a Historic Landmark Application, within the 30 days specified by this section, the hold on the permit for demolition shall be released. 2.24.190 Unsafe or Dangerous Conditions. A. None of the provisions of this Chapter shall be construed to prevent any construction, alteration, removal, demolition or relocation of a Historic Landmark or Contributing Resource necessary to correct the unsafe or dangerous conditions of any structure, or feature, or part thereof, where the Building & Safety Official has declared such condition unsafe or dangerous and the proposed construction, alteration, removal, demolition or relocation necessary to correct the unsafe or dangerous condition. Only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. B. The Building & Safety Official shall inform the Commission prior to authorizing any work pursuant to this Section unless he or she determines that such work is immediately necessary to correct the unsafe or dangerous condition; in which case, the Building and Safety Official shall report his or her actions to the Commission at its next regular meeting. Ordinance No. 848 -Page 16 of 20 C. If work authorized by the Building & Safety official pursuant to his Section is not immediately necessary to correct the unsafe or dangerous condition, the Commission may advise the Building & Safety Official of the historic significance of the building and recommend a reasonable period of postponement for the purpose of arranging for rehabilitation, relocation, or salvage of the Historic Resource or Contributing Resource. Notwithstanding the forgoing, if no arrangements have been made for rehabilitation, relocation, or salvage within sixty days of an order to abate a nuisance, the Building & Safety Official may proceed with the abatement action. 2.24.200 Environmental Review. If any action required or taken pursuant to this Chapter is subject to the provisions of the California Environmental Quality Act, the time in which such action must be taken shall be extended in order to allow time to comply with said Act, provided, however, that such action is taken within the time limits imposed by the Permit Streamlining Act. 2.24.210 Appeals. Any interested party may appeal any decision by the Commission or Planning Director under this Chapter pursuant to the limitations and procedures in Section 17.02.080 of the Municipal Code. Appeals must be filed within ten calendar days of the hearing body's decision. All appeals brought under this section shall be accompanied by a filing fee established by the Council. This Section shall not apply to decisions by the Planning Director whether to initiate a Historic Landmark designation application in accordance with Section 2.24.180.6, above. 2.24.220 Historic Preservation Fund. A. The Historic Preservation Fund is established to provide funding far historic preservation efforts such as surveys, development of design guidelines, public education, and incentive programs. All funds deposited into the Historic Preservation Fund shall be used solely for the conservation, preservation, restoration, or rehabilitation of Historic Resources. B. The Commission shall advise the Council regarding the use and expenditure of funds from the Historic Preservation Fund and shall recommend activities or actions necessary to fulfill the objectives of the Historic Preservation Fund. C. No money from the Historic Preservation Fund shall be used for the sole benefit of any property unless it has been designated a Historic Landmark, a Point of Historic Interest, or a Contributing Resource. 2.24.230 Preservation Incentives. To encourage owners to designate, maintain, ,preserve, rehabilitate, and improve Historic Landmarks and Contributing Resources, the City provides the incentives set forth in this Section. Only properties designated as Historic Landmarks or Contributing Resources are potentially eligible to apply for preservation incentives. A. Mills Act Coritracts. Pursuant to and consistent with California Government Code, Section 50280, the Council may enter into Mills Act contracts with the owner of a Historic Landmark for the purpose of preservation, rehabilitation, and maintenance of designated Historic Resources, which shall allow the owner to receive a reduction in property taxes in exchange for a commitment to specific repair, restoration, or rehabilitation improvements and satisfactory maintenance of the property. Ordinance No. 848 -Page 17 of 20 The agreement shall include, but not be limited to, the contract provisions required under State law, and shall extend for a minimum period of 10 years, renewed annually, until and unless a notice of non-renewal or cancellation is filed. The application process, review procedures, and required contract provisions for Mills Act Agreements shall be established at the sole discretion of the Council based on the recommendations of the Commission in a form to be approved by the City Attorney. The program shall be implemented by the Planning Director or his designee. B. Public Recognition: The Commission may establish a program to publicly recognize Historic Resources, Points of Historic Interest, Historic Districts, and Conservation Districts with plaques, signage, and other appropriate forms of recognition. C. State Historical Building Code: Any alteration made for preservation, rehabilitation, restoration or relocation of Historic Resources may be made according to the requirements of the latest adopted State Historical Building Code. D. Nonconforming Parking: Single-family residences designated as Historic Resources that are nonconforming due to substandard parking shall not be required to provide parking according to current standards provided that additional floor area does not exceed 50% of the existing floor area in any 24-month period. Multiple-family developed properties designated as Historic Resources that are nonconforming, due to substandard parking shall not be required to bring the existing parking into compliance with current parking requirements due to the addition of new units provided that parking for the new units meets the current zoning standards. E. Fee Relief and Waivers: Historic Landmarks and Contributing Resources are eligible for the following fee waivers, refunds, and reductions: 1. A 50% refund of applicable building permit fees at time of issuance for projects found to be in compliance with the Secretary's Standards. 2. A 50% refund of applicable planning fees, not including applications made pursuant to this Chapter, at the time of issuance for projects found to be in compliance with the Secretary's Standards. 3. Waiver of application fees to operate a Large Family Day Care if the proposed location is a Historic Landmark or Contributing Resource. A Large Family Day Care means twelve children are being cared for in a private residence and up to fourteen children if two of the children are at least six years of age. F. Preservation Easements: The City may agree to acquire preservation easements on the facades of buildings designated as Historic Landmarks, or acquire such on the City's behalf, by a nonprofit group designated by the City through purchase, donation, or condemnation pursuant to California Civil Code 815. G. Alternative Conditional Use Permi4 Procedures. Where a proposed conditionally permitted use involving a Historic Landmark or Contributing Resource is small in scale and neither intensifies the use of the subject property nor disrupts any adjacent uses or neighborhood, the Planning Director may approve, conditionally approve, or deny the application in the same manner and subject to the same procedural requirements as a non- construction Conditional Use Permit pursuant to Section 17.04.035 of the Development Code. Applications approved by the Planning Director under this paragraph shall only be for small scale uses; including, but not limited to, boarding houses, bed and breakfasts, inns, small offices, boutiques, antique shops, bookstores, or florists. Ordinance No. 848 -Page 18 of 20 If in the opinion of the Planning Director, the application involves unusual requirements or raises questions of land use policy substantially more significant than generally pertain to such application, the Planning Director may refer the application to the Planning Commission for consideration. Approval of a Conditional Use Permit under this paragraph shall neither waive any requirement of this Chapter nor excuse any performance required by this Chapter, including but not limited to the need for a Certificate of Appropriateness or Certificate of Economic Hardship. 2.24.240 Permit Application Filing Fees. Before accepting for filing any application described in this Chapter, the Planning Director shall charge and collect such administrative fees as may be set by resolution of the Council. 2.24.250 Public Hearings -Notice and Conduct. A. Whenever a public hearing is required by this Chapter, it shall be noticed and held in accordance with Section 17.02.110 of the Municipal Code. B. The Planning Director shall maintain a list of parties, including local historical organizations, who have asked for notice of public hearings regarding matters that affect designated or potential Historic Landmarks, Points of Historic Interest, Historic Districts, Conservation Districts, and Contributing Resources. The Planning Director shall provide as a courtesy to all persons and organizations on the list copies of all notices required by this Chapter. No action or inaction by the Council, Commission, the Planning Commission, or the Planning Director, shall be held void or invalid or be set aside by any Court due to failure to provide notice to any person or organization on the list pursuant to this paragraph. 2.24.260 Enforcement Authority. It shall be the duty of the Planning Director and the Building & Safety Official to administer and enforce the provisions of this Chapter with the assistance of other City departments when deemed necessary. 2.24.270 Violations, Remedies and Penalties. A. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Chapter. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted by such person, firm, partnership, or corporation. B. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter is prohibited. . C. Violations of this Chapter are subject to criminal misdemeanor penalties and civil penalties pursuant to Chapter 1.12 of the Rancho Cucamonga Municipal Code, in addition to any penalties and remedies specified or available under this Chapter. The penalties and remedies provided for in this Section are cumulative and in addition to any other remedies available at law or in equity. The City may seek to remedy any violation of this Chapter by a civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Ordinance No. 848 -Page 19 of 20 D. P, violation of this Chapter is declared to be a public nuisance and may be abated by the City through the administrative procedures specified in Chapter 8.23 or through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. Abatement remedies may include but shall not be limited to reconstructing or restoring the property to its condition before the performance of work in violation of this Chapter, or in the case of a failure to maintain a Historic Landmark or Contributing Resource, by completing the work as required to stabilize and arrest further deterioration of the property. E. If a violation occurs in the absence of an approved development project, or while an application for a building permit or discretionary development approval is pending for the property upon which the Historic Landmark or Contributing Resource is located, the Planning Director or Building & Safety Official may issue a stop work order halting all development activity on the parcel to allow the City to determine appropriate mitigation measures, if any, and to ensure such measures are incorporated into any future or pending development approvals for the property. Mitigation measures may be imposed as a condition of any subsequent permits for development on the subject property. Ordinance No. 848 -Page 20 of 20