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Ord 296ORDINANCE NO. 296 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING THE POWAY MUNICIPAL CODE TO CREATE CHAPTER 17.45 PERTAINING TO PROCEDURES FOR THE PRESERVATION AND DESIGNATION OF HISTORIC/CULTURAL RESOURCES (ZOA 89-07) WHEREAS, the City of Poway contains many structures and areas that embody a sense of time and place which exemplify the cultural, social, and architectural history of Poway; and WHEREAS, it is the desire of the City Council to protect and enhance these historic landmarks as a reminder of early Poway from which our "rural character" is defined; and WHEREAS, the ordinance has been prepared in conformance to the goals, objec- tives, and policies of the Archaeological, Cultural, and Historic Preservation Element of the Poway Comprehensive Plan; and WHEREAS, a properly noticed public hearing was conducted in accordance with Section 65853, et seq., of the California Government Code and California Quality Act {CEQA) to consider this ordinance; and WHEREAS, the City Council finds that the proposed ordinance would not result in significant adverse impacts and hereby issues a Negative Declaration. NOW, THEREFORE, the City Council of the City of Poway, California DOES HEREBY ORDAIN as follows: Section 1: The Armstrong House, the Porter House, Templar's Hall, and the Midland Road Water Tower are hereby recognized as local historic structures. The Chapter 17.45 of the Poway Municipal Code pertaining to the preservation and designation of Historic/Cultural Resources is hereby created to read as follows: CHAPTER 17.45 HISTORICAL STRUCTURES Section 17.45.010 - Purpose and Intent It is the purpose and intent of this Chapter to: A. Protect, enhance, and perpetuate Historic/Cultural Resources, sites, and Districts that represent or reflect elements of the City's cultural, social, economic, political, and architectural history for the public health, safety, and welfare of the people of the City; B. Safeguard the City's historic heritage as embodied and reflected in its Historic/Cultural Resources, sites, Historic Districts; C. Stabilize and improve property values; Ordinance No.296 Page 2 D. Foster civic pride in the character and accomplishments of the past; Ee Strengthen the City's economy by protecting and enhancing the City's attractions to residents, tourists, and visitors and serve as a support and stimulus to business and industry; F. Enhance the visual character of the City by encouraging the preser- vation of unique and established architectural traditions; G. Promote Historic Landmarks and Districts for the use, education, pleasure, and welfare of the people of the City; and Hm Permit historic sites to be identified, documented, and recorded by written and photographic means and allow an opportunity for voluntary preservation of historic sites, all without infringing on the ability and right of a property owner to control the use of property or structures. Section 17.45.020 - Definitions "A", "8", "C", and "D" Resources are defined in Section 17.45.030. "Certificate of Historical Significance" means a certificate issued by the Director of Planning Services approving restoration, construction, removal, relocation in whole or in part, of or to a Historic Landmark or to an historic place. "Development" means any exterior change or modification through public or private action, of any Historic Landmark or place including, but not limited to, exterior changes to or modification of structure, architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property. "Facade" means the exterior face of a building which is the architectural front, sometimes distinguished from other faces by elaboration of architec- tural or ornamental details. "Fixture" means a decorative or functional device permanently affixed to a site or the exterior of a structure and contributing to its ability to meet historic designation criteria. Permanently affixed shall include, but not be limited to, attachment by screws, bolts, pegs, nails or glue, and may include such attachment methods as rope, glass or leather if such material is integral to the design of the device. Fixtures include, but are not limited to, lighting devices, murals, molding, leaded glass or other decora- tive windows and decorative hardware. Ordinance No. 296 Page 3 "Historic Distrlct" means any area which contains a number of structures or natural features having a simllar character of historlca], cultural, archi- tectural, ca,,,,unity or aesthetic value as part of the heritage of the City, reglon, state, or the United States, and which has been designated pursuant to thls Chapter. "Historic Landmark" means any Historic/Cultural Resource which has been designated pursuant to Section 17.45.040. "Historic/Cultural Resources" means areas, streets, places, buildings, structures, or outdoor works of public art, natural features and other objects having a special historical, cultural, architectural, community or aesthetic value. "Improvement" means any place, building, structure, natural feature or object constituting a physical addition to real property or a structure on real property, or any part of such addition or facade. "Natural Feature" means any tree, plant life, or geological element. "Owner" means the Person appearing on the last equalized assessment roll of the County of San Diego. "Person" means any individual, association, partnership, firm, corporation, public agency or political subdivision. "Removal" means the removal, displacement, demolition, or modification from a Historic Landmark or site that the Historic Landmark occupies, or any device, feature, fixture, hardware, structural or decorative material which contribute to the cultural, historic, or architectural character of the Historic/Cultural Resource. "Secretary of the Interior's Standards" means the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, 1983 Edition, or such later edition as adopted by the City Council. "Survey" means Poway Historical Survey: Historic/Cultural Resources Inventory. This Survey should document structures and artifacts related to the area's history from the establishment of Poway in 1887 up through 1940 including all areas within the corporate limits. Section 17.45.030 - Categorization of Resources The City of Poway has conducted a preliminary Historic/Cultural Resources inventory covering 33 sites in the City. In order to change the categoriza- tion of an identified resource, or to add a building, structure, place, or object to the inventory, the following criteria for evaluating Historic/Cultural Resources have been established: A® Four Ordinance No. 296 Page 4 Description of Categories: categories of resources are Identified and classified A through D. Category A: This category is reserved for those structures, buildlngs, sites, or objects of major significance. The resource must meet one or more of the following criteria: It is the site of, or reflects special elements or events of the City's cultural, social, economic, political, aesthetic, engineering, or architectural history; or It is associated with persons or events important in regional, State, or national history; or It is a rare or particularly fine example of a certain architectural style or construction technique associated with a particular period of history; or It is the work of an architect, engineer, or designer who has substan- tially influenced regional, state, or national trends or the develop- ment of the North County region; or Owing to its unique location or singular physical characteristics, it represents an established feature of the neighborhood or City whose removal would adversely affect the appearance or spatial and design relationships of the area. Category B= Structures, buildings, sites, or objects in this category must have one of the following characteristics: It is associated with important persons, events, or eras in City, regional, or State history. It's original design, architecture, aspect or function of the resource is significant but has been altered, affecting its integrity. It is a good {but not rare or particularly outstanding) example of cer- tain style or construction technique, or of the work of a prominent architect, engineer, or designer. Category C: Structures, buildings, sites, or objects in this category must have one of the following characteristics: It is a good example of a period of architecture design or construc- tion, however, the design is more common place and there are many simi- lar structures, buildings, sites, or objects in the City. It is an important resource, however, substantial alterations have severely compromised its historic, cultural, or architectural significance. Ordinance No. 296 Page 5 Category 0: Structures, buildings, sites, or objects in this category are: Build prior to 1940, and clearly not significant In terms of archltec- tufa1 style, appearance, design, construction, or association with important Persons or events In City history. B. Change of Category: Further research on any building, structure, site, or object may yield information on thelr roles in history. This information may warrant their incluslon In a different category. Applications to change the categorization of an identified resource or to add a resource to the Survey shall be submitted to the Poway Planning Services Department. The application should contain information which rpo- vides justification for adding a Historic/Cultural Resource to the Survey or changing its category designation. Section 17.45.040 - Designation of Historic Landmark Historic Landmarks shall be established in the following manner: Ao Any person or group may request the designation of an "A" or "B" cate- gory, H1storlc/Cultural Resource for deslgnation as a Historic Landmark by submlttlng a written request to the Planning Services Department. Be Any such request shall be filed with the Planning Services Department upon a prescribed application and shall include the following data: 1. The name an adddress of the property owner and assessor's parcel number and address of the site. A description of the proposed site including special aesthetic, cultural, archltectural, or engineering interest or value of a hlstoric nature, information about the architecture, notable features, construction, age, and other information demonstrating that the site meets the historic designation criteria established by Section 17.45.050. 3. Sketches, photographs, or drawings. 4. A statement of the condition of the site or structures. 5. An explanation of any known threats to the site or structures. Information to allow the Planning Services Department to make the findings required by Section 17.45.050. Co Ordinance No. 296 Page 6 0 Additional information, including at least a site plan in appropriate scale, a legal description of the property, pho- tographs, proposed uses, existing zoning, past, and present occu- pants, and a chain of title. 8. Evidence that the property owner has consented to designating the Historic/Cultural Resource as an Historic Landmark. After a request for designation and Items 1-8 have been submitted, a notice of the request for designation as a Historic Landmark shall be forwarded to the Building Department and no building or demolition per- mits for any alteration to any Improvement, fixture, or facade of the proposed site shall be issued while the matter is pending final deci- sion. The Planning Services Department shall hold a hearing and review the application according to the criteria of Section 17.45.050. Notice of the hearing shall be given by publication, at least once no later than ten days prior to the date of the hearing in a newspaper of general circulation. In addition, notice of the date, place, time, and purpose of the hearing shall be mailed to the owner of the proposed Historic Landmark at least ten days prior to the date of the hearing. Ee Once a property has been designated as an Historic Landmark, the Director of Planning Services shall cause a Covenant Regarding Real Property to be recorded against the title of said property indicating that it has been so designated. Section 17.45.050 - Criteria for Designation as a Poway Historic Landmark Following adoption of a Survey of Historic/Cultural Resources, the Planning Services Department must act upon an application and may designate Historic Landmarks by finding that a Historic/Cultural Resource is of local, regional, State, or national significance, and is designated as a category "A" or "B" Historic/Cultural Resource. In addition, the Planning Services Department shall find that the Historic/Cultural Resource meets one of the following criteria: 1. Its location is the site of a historic event having major signifi- cance to the City, State, or United States; Its identification with a person or persons who have made a signi- ficant social, cultural or scientific contribution to the City, region, State, or the United States; ® Its quality as one of the finest examples in the City of the work of an architect of major importance; e Its identification as the work of a person or persons whose work has exerted a major influence on the heritage of the City, region, State, or the United States; Ordinance No.296 Page 7 Its exemplification of an extraordinary class of architectural design, detail, materials, or craftsmanship; Its potential of yielding historic/cultural information of major importance; e Its integrity as a natural feature that has made a major contribu- tion to the community. Be Other attributes of the Historic/Cultural Resource which are con- sistent with the Secretary of Interior's standards. B. The findings shall be supported by substantial evidence presented to the Planning Services Department. Section 17.45.060 - Historic District Designation Procedures The City Council may establish an Historic District within the City of Poway following the criteria for designating Historic Landmarks. The speci- fic details of any Historic District shall be developed as the need arises, to preserve the integrity of Historic/Cultural Resources within the District. Section 17.45.070 - Certificate of Historical Significance Required Ae No Development (as defined in Section 17.45.020) of a Historic Landmark shall be permitted without a Certificate of Historical Significance issued by the Director of Planning Services. Be The Planning Services Department Director shall approve any request for a Certificate of Historical Significance for any project that meets the requirements of Section 17.45.080. Ce If the Planning Services Department Director denies a Certificate of Historical Significance, the applicant shall be notified in writing of such denial. The notice shall set forth the findings supporting the denial. De The Council may reverse the decision of the Planning Services Department only upon finding that denial of the applicant's request would impose extreme hardship as demonstrated by the applicant or upon finding that the Planning Services Director has misapplied the criteria for granting a Certificate of Historical Significance. Section 17.45.080 - Criteria for Granting a Certificate of Historical Significance A® The City Manager shall determine which departments regularly issue per- mits that may potentially effect Historic Landmarks. Each designated department shall maintain a current record of designated Historic Landmarks. The departments shall require any application for development on a designated Historic Landmark to be preceded by an application for a Certificate of Historical Significance. Ordinance No. 296 Page 8 B® If no development permit Is required to pursue work on a designed Htstortc Landmark tenant, resident, property owner, or other respon- sible party sha]l app]y for the Certificate of Historical Signlftcance directly. Ce An appliation for Certificate of Historical Significance shall be filed wlth the Planning Services Department and shall contain the fo]]owlng materials and Information: 1. A clear 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, improvements, landscape features, and the proposed work. Evidence that any conditions of incentives utilized or to be uti- lized pursuant to Section 17.45.110 are being or will be followed. Evidence that the applicant has considered means of preserving the Historic Landmark. Section 17.45.090 - Demolition of Historic Landmarks No demolition permit for any A or B Historic/Cultural Resource or any Historic Landmark shall be issued until the provisions of this section have been followed. B. All applicants for a demolition permit shall provide the following information to the Director of Planning Services: 1. A description and location of the structure to be demolished. Whether the structure is designated as an A Historic/Cultural Resource, a B Historic/Cultural Resource, or an Historic Landmark. 3. The reason for the demolition. If the structure is an Historic Landmark, evidence that any incen- tives granted during the Landmark designation process are fully exhausted and do not benefit the structure to be demolished in any way. ® Evidence that the applicant has considered means of preserving the Historic/Cultural Resource or Historic Landmark. Se An evaluation of alternatives to the demolition of the structure, evidence that those alternatives have been reviewed, and a state- ment as to why those alternatives are unacceptable. Ordinance No. 296 Page 9 Not earlier than 45 days, nor later than 50 days following receipt of the above information, the Director of Planning Services shall act upon the application for a demolition permit. If the Director of Planning Services denies a demolition permit, the applicant shall be notified in writing of such denial. The notice shall set forth the findings supporting the denial. The findings shall be limited to a failure to submit the information required by Section 17.45.090(B). The Council may reverse the decision of the Director of Planning Services only upon finding that denial of the applicant's request would impose extreme hardship as demonstrated by the applicant or upon finding that the Director of Planning Services has misapplied the cri- teria for granting a demolition permit. Section 17.45.100 - Procedure for Removing Landmark Designation Any time a Historic/Cultural Resource has been designated an Historic Landmark by this chapter, the property owner may apply to the Director of Planning Services for removal of the designation by showing that the Property will not benefit any further form incentives granted pursuant to Section 17.45.110 during the Landmark designation process. Section 17.45.110 - Incentives for Preserving Historic/Cultural Resources In order to carry out the purposes of this chapter, the Planning Services Department shall develop and recommend to the City Council a program of eco- nomic and other incentives to support the preservation, maintenance, and appropriate rehabilitation of Historic Landmarks. These incentives may be granted at any time after an Historic/Cultural Resource is designated as an Historic Landmark. Section 17.45.120 - Duty to Keep in Good Repair The owner, occupant, or other person legally responsible for a Historic Landmark, shall keep in good repair all portions of the Historic Landmark to prevent deterioration and decay. All repairs, alterations, reconstructions, restorations, or changes in use including the demoli- tion of existing improvements, shall conform to requirements established by this ordinance, and all other applicable City codes. Whenever any Development of the site occurs contrary to the provisions of this chapter, the Director of Planning Services shall order the action stopped by notice in writing served on any Person or Persons engaged in such action and any such person shall stop such alteration until authorized by the Director to proceed. It shall be unlawful for any person to carry out any work on any building, structure, or site when a stop work order has been issued. Ordinance No.296 Page 10 D. Any violation of the provisions of this chapter shall constitute a public nuisance. Section 17.45.130 - Appeals Any person aggrieved by a decision of the Director of Planning Services may appeal to the City Council by filing a written appeal with the City Clerk not more than ten days following the decision. The appeal shall state the reasons why the decision is contested. An appeal fee of $50 shall be paid when the appeal is filed. Upon receiving an appeal, the City Council shall schedule a public hearing to consider the matter and uphold, notify, or reverse the deci- sion. Notice of the public hearing shall be mailed to the appellant and published once in a newspaper of general circulation at least 15 days before the hearing. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. All ordinances, or parts of ordinances, in conflict herewith, are hereby repealed. The City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in the Poway News Chieftain, a newspaper of general circulation, printed and published in the City of Poway. The City Council of the City of Poway hereby finds that these amendments are consistent with the General Plan and the intent and purposed of the Zoning Development Code. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty {30) days after the date of its passage; and the City Clerk of the City of Poway is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Ordinance No. 296 Page 11 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 22nd day of August 1989, and thereafter PASSED and ADOPTED at a regular meeting of said City Council held the 5th day of September, 1989 by the following roll call vote: AYES: NOES: COUNCILMEMBERS: NONE ABSTAINS: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE Carl R. Kruse, Mayor jorie ~. Wahlsten, City Clerk 0/0-8-22.4-11