HomeMy WebLinkAbout1/27/2020 Item 1, Papp
Wilbanks, Megan
From:Leveille, Brian
Sent:Friday, January 24, 2020 1:41 PM
To:CityClerk
Subject:FW: agenda correspondence
Attachments:proposed CHC bylaw amendments 2 Papp (002).pdf
From: Leveille, Brian
Sent: Friday, January 24, 2020 1:40 PM
To: Purrington, Teresa <TPurring@slocity.org>
Subject: agenda correspondence
Please post the attached from Committee member Papp as agenda correspondence. Thanks!
Brian Leveille
Senior Planner
Community Development
Long Range Planning
919 Palm Street, San Luis Obispo, CA 93401-3218
E bleveille@slocity.org
T 805.781.7166
slocity.org
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Dear Fellow Committee Members:
The CHC is one of the most complex advisory bodies of the City of San Luis Obispo,
interpreting federal, state, and municipal statutes and guidelines, with its structure and rules
described in numerous federal, state, and municipal documents. I’m proposing these bylaw
revisions to clarify our roles and rules to our own members, staff, council, and (most important)
members of the public, as these roles and rules are already described in the City of San Luis
Obispo’s Historic Preservation Ordinance, Historic Preservation Program Guidelines, and
Community Design Guidelines and the Certified Local Government (CLG) Requirements from
the Code of Federal Regulations as administered by California’s State Office of Historic
Preservation. Nothing new here, just all in one place.
I also propose
• changing the name from the Cultural Heritage Committee to the Historic Preservation
Commission to make it consistent with CLG language and the vast majority of such CLG bodies
in California and to make it clear to the public what we do
• emphasizing membership that represents the different preservation professions and interests
rather than each of the city’s historic districts, in line with CLG Requirements
• allowing up to 2 non-resident members if important areas of expertise are otherwise
unavailable
• adding our CLG-mandated training requirement and reappointment schedule for vacant seats
First comes a clean copy. Second comes a markup version (p. 5) where proposed excisions from
the previous bylaws are struck through and additions underlined. Third come references (p. 9)
that are intended not to be part of the bylaws but to show where proposed additions are drawn
from in federal, state, and municipal statute and guidelines.
James Papp
CLEAN COPY OF PROPOSED BYLAWS
ARTICLE 1. PURPOSE
The Historic Preservation Commission (HPC) promotes the preservation of architectural,
archaeological, historical and cultural resources in San Luis Obispo. As a City Council–
established advisory body and a historic preservation commission of a Certified Local
Government, in partnership with State of California Office of Historic Preservation and the
National Park Service, its roles are mandated by City ordinance and guidelines and Certified
Local Government Requirements for Certification.
1. Administrative Role: The Commission administers the City’s requirements for the
preservation of historic and cultural resources, including the Historic Preservation
Program Guidelines.
2. Advice and Education: The Commission advises and educates the public and decision
makers on historic resource preservation and makes recommendations to decision-
making bodies on cultural resources information and educational and interpretive
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programs, and Commission members may act as advisors to officials and departments in
the City and as liaisons to individuals and organizations concerned with historic
preservation at the local level.
3. Preservation Program Guidelines: The Commission makes recommendations to
decision-making bodies on the Historic Preservation Program Guidelines and
Archaeological Resource Preservation Program Guidelines.
4. Inventories of Historic and Archaeological Resources and Sensitive Sites: The
Commission shall develop procedures for conducting an inventory of cultural resources,
coordinated with and complementary to the state program, submit survey results to the
City for adoption and forward them to the State Office of Historic Preservation and
establish internal procedures to facilitate the use of survey results in the planning process
by City officials and departments.
The Commission shall make recommendations to decision-making bodies on the
Inventory of Historic Resources and Archaeological Site Inventories, review and make
recommendations on applications and development projects that include changes to the
Inventory of Historic Resources, and recommend sites with special characteristics,
constraints or community value requiring more detailed development review.
5. Disambiguation of Historic Properties: The Commission determines the primary
structure on a parcel, determines the historic significance of accessory structures (as may
the Community Development Director or Council), and determines acquired historic
significance (as may the Community Development Director).
6. Historic Districts: The Commission reviews and make recommendations on applications
and development projects that include changes to historic districts and applications to
establish new historic districts.
7. National Register Nominations: The Commission prepares reports as to whether
nominees within its jurisdiction meet the criteria of the National Register of Historic
Places.
8. Incentive Programs: The Commission makes recommendations to decision-making
bodies on incentive programs directed at preserving and maintaining cultural resources
and preparing information on these programs and evaluates whether land use and
building modifications under such programs are consistent with the Historic Preservation
Program Guidelines and Secretary of the Interior’s Standards.
9. Federally Sponsored Projects and CEQA Review: The Commission participates in
environmental review of federally sponsored projects and local projects in accordance
with the requirements under the California Environmental Quality Act (CEQA) and may
review and comment on permit actions affecting significant listed historic properties and
other resources eligible for listing, in accordance with local ordinance requirements and
with CEQA.
10. Development, New Construction, Additions and Alterations: The Commission
reviews and makes recommendations to decision-making bodies on actions subject to
discretionary review affecting significant archaeological, cultural, or historic resources,
including
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• development projects that include proposed actions of public agencies;
• projects and approvals involving historic sites, districts, and structures;
• new construction, additions, and alterations located in historic districts or on
historically listed properties or sensitive archaeological sites;
• applications and development projects that include statements of historic significance,
historic inventories for existing and proposed historic districts, or historic preservation
reports.
Projects may include referrals to the Commission by the Community Development
Director, Architectural Review Commission, Planning Commission, or Council.
The Commission determines effect on the City’s historic districts and on properties with
a listed historic resource, including architectural compatibility with nearby historic
resources and consistency with applicable design and preservation policies, standards,
and historic district descriptions, and may recommend conditions or environmental
mitigation measures for construction.
11. Reconstruction: The Commission recommends on minor variations from original design
in reconstructions.
12. Alteration, Demolition and Relocation: The Commission reviews projects involving
alteration or relocation of a listed historic resource, including additions and accessory
structures, as well as (if the Community Development Director cannot make a finding)
minor alterations. The Commission reviews and make recommendations to the City
Council on demolition applications for listed historic resources, including appeals of
financial hardship and historic and architectural documentation. In cases of relocation,
the Commission or Director of Community Development determines structures that are
potentially historic. In cases of unlisted buildings more than fifty years old submitted for
demolition or relocation, the Commission and Community Development Director
establish criteria for documentation.
13. Neglect: The Commission determines neglect of listed resources (as may the Community
Development Director or Council).
14. Qualifications: The Commission determines qualifications generally equivalent to
Secretary of the Interior’s Professional Qualification Standards.
ARTICLE 2. COMPLIANCE WITH OTHER REQUIREMENTS
The functioning of the Historic Preservation Commission and all of its actions and decisions
shall be in compliance with the provisions of the Advisory Body Handbook and as established by
Council Resolution.
ARTICLE 3. MEMBERSHIP
The Commission will have seven members appointed by the City Council. If possible, members
should be residents and registered voters of the City, but the Council is not limited to this
requirement when making appointments of up to two persons with desired professional expertise
in cultural resources. All members must have a demonstrated interest, competence, or knowledge
in historic preservation. At least two Commission members are encouraged to be appointed from
among professionals in the disciplines of history, architecture, architectural history, planning,
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pre-historic and historic archeology, folklore, cultural anthropology, curation, conservation, and
landscape architecture or related disciplines, such as urban planning, American studies,
American civilization, or cultural geography, to the extent that such professionals are available in
the community. Commission membership may also include lay members.
Each commission member is required to attend at least one informational or educational meeting,
seminar, workshop, or conference per year that pertains directly to the work and functions of the
commission and would be approvable by the state. Commission members will arrange this in
collaboration with and with the approval of the Commission’s staff liaison and Community
Development Department and will not be required to underwrite the expense themselves.
ARTICLE 4. TERMS OF APPOINTMENT
Members shall be appointed by the City Council for an initial term of a maximum of four years
and may be reappointed for additional terms, not exceeding a total of two consecutive four-year
terms. The Council must make interim appointments to fill unexpired terms in the event of
vacancies occurring during the term of members of the commission. The Council shall also act
within sixty (60) days to fill a vacancy.
ARTICLE 5. OFFICERS
1. A Chairperson and Vice-Chairperson shall be elected by the Commission at its first
meeting in April for one-year terms. No person may serve in the office of Chairperson or
Vice-Chairperson for more than two consecutive terms.
2. The Chairperson shall preside over all Commission meetings, vote on all matters, appoint
all subcommittees in consultation with the Commission, call special meetings, and, in
collaboration with the Commission’s staff liaison, submit an annual report and budget to
the Commission for approval and presentation to the City Council and an annual report to
the State Office of Historic Preservation.
3. The Vice-Chairperson shall serve in the absence or incapacity of the Chairperson and
perform such other duties as requested by the Chair.
ARTICLE 6. MEETINGS
1. The Commission shall hold a regular meeting each month, unless there is no business to
consider or sufficient business to require additional meetings. All meetings shall be open
to the public. Regular meetings shall be held at 5:30 p.m. on the fourth Monday of each
month in San Luis Obispo, California.
2. A quorum shall consist of a majority of the established members.
3. All action of the Commission shall be decided by a majority vote or consensus of the
quorum directed through the Chairperson.
4. Minutes of each meeting shall be forwarded to the City Council and be available as a
public record.
5. The Chairperson or a quorum majority of the Commission may call a special meeting,
provided that all public notice requirements are met.
6. All Commission meetings shall be conducted according to City practices, customs, and
policies.
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Robert’s Rules of Order, Newly Revised, may be used as a guideline.
7. All members present must vote, except when a member declares a conflict of interest.
Any member declaring a conflict of interest shall not vote or participate in any related
deliberations or action of the Commission.
ARTICLE 7. ABSENCES AND RESIGNATIONS
1. If a member fails to attend three consecutive regular meetings or a total of six regular
meetings within any 12 months, the member shall automatically be considered for
replacement. The Chairperson of the Commission shall inform the Council of such a
situation and explain any special circumstances.
2. Commission members are responsible for notifying the Chairperson or the Secretary in
advance when an absence is anticipated.
3. If a member needs to resign from the Commission, the member shall immediately direct a
letter to the City Council with copies forwarded to the Commission Chairperson and City
Clerk.
ARTICLE 8. SUBCOMMITTEES
Subcommittees shall be appointed, as needed, by the Chairperson in consultation with the
Commission. Subcommittees may include non-Commission members who shall have no voting
power.
ARTICLE 9. AMENDMENTS
Bylaw amendments shall be submitted for Council approval by an affirmative vote of the
members present at a regular meeting of the Commission, provided that such amendments shall
have been discussed by the Commission on the agenda of at least two meetings prior to the vote.
The members shall receive the proposed amendments at least 10 days prior to the first meeting.
MARKUP OF PROPOSED BYLAWS
ARTICLE 1. PURPOSE
The Cultural Heritage Committee (CHC) Historic Preservation Commission (HPC) promotes the
preservation of architectural, archaeological, historical and cultural resources in San Luis
Obispo. As a City Council–established advisory body and a historic preservation commission of
a Certified Local Government, in partnership with State of California Office of Historic
Preservation and the National Park Service, its roles are mandated by City ordinance and
guidelines and Certified Local Government Requirements for Certification., by:
advising and educating the public and decision makers on historic resource preservation.
Helping the public pursue cultural resource preservation projects.
Sponsoring educational programs and research which improves our understanding of the
community’s history and archaeology.
On request, Commenting on the effects of public and private actions on community cultural
resources.
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Helping with the administration of City-sponsored benefit programs.
1. Administrative Role: The Commission administers the City’s requirements for the
preservation of historic and cultural resources, including the Historic Preservation
Program Guidelines.
2. Advice and Education: The Commission advises and educates the public and decision
makers on historic resource preservation and makes recommendations to decision-
making bodies on cultural resources information and educational and interpretive
programs, and Commission members may act as advisors to officials and departments in
the City and as liaisons to individuals and organizations concerned with historic
preservation at the local level.
3. Preservation Program Guidelines: The Commission makes recommendations to
decision-making bodies on the Historic Preservation Program Guidelines and
Archaeological Resource Preservation Program Guidelines.
4. Inventories of Historic and Archaeological Resources and Sensitive Sites: The
Commission shall develop procedures for conducting an inventory of cultural resources,
coordinated with and complementary to the state program, submit survey results to the
City for adoption and forward them to the State Office of Historic Preservation and
establish internal procedures to facilitate the use of survey results in the planning process
by City officials and departments.
The Commission shall make recommendations to decision-making bodies on the
Inventory of Historic Resources and Archaeological Site Inventories, review and make
recommendations on applications and development projects that include changes to the
Inventory of Historic Resources, and recommend sites with special characteristics,
constraints or community value requiring more detailed development review.
5. Disambiguation of Historic Properties: The Commission determines the primary
structure on a parcel, determines the historic significance of accessory structures (as may
the Community Development Director or Council), and determines acquired historic
significance (as may the Community Development Director).
6. Historic Districts: The Commission reviews and make recommendations on applications
and development projects that include changes to historic districts and applications to
establish new historic districts.
7. National Register Nominations: The Commission prepares reports as to whether
nominees within its jurisdiction meet the criteria of the National Register of Historic
Places.
8. Incentive Programs: The Commission makes recommendations to decision-making
bodies on incentive programs directed at preserving and maintaining cultural resources
and preparing information on these programs and evaluates whether land use and
building modifications under such programs are consistent with the Historic Preservation
Program Guidelines and Secretary of the Interior’s Standards.
9. Federally Sponsored Projects and CEQA Review: The Commission participates in
environmental review of federally sponsored projects and local projects in accordance
with the requirements under the California Environmental Quality Act (CEQA) and may
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review and comment on permit actions affecting significant listed historic properties and
other resources eligible for listing, in accordance with local ordinance requirements and
with CEQA.
10. Development, New Construction, Additions and Alterations: The Commission
reviews and makes recommendations to decision-making bodies on actions subject to
discretionary review affecting significant archaeological, cultural, or historic resources,
including
• development projects that include proposed actions of public agencies;
• projects and approvals involving historic sites, districts, and structures;
• new construction, additions, and alterations located in historic districts or on
historically listed properties or sensitive archaeological sites;
• applications and development projects that include statements of historic significance,
historic inventories for existing and proposed historic districts, or historic preservation
reports.
Projects may include referrals to the Committee by the Community Development
Director, Architectural Review Commission, Planning Commission, or Council.
The Commission determines effect on the City’s historic districts and on properties with
a listed historic resource, including architectural compatibility with nearby historic
resources and consistency with applicable design and preservation policies, standards,
and historic district descriptions, and may recommend conditions or environmental
mitigation measures for construction.
11. Reconstruction: The Commission recommends on minor variations from original design
in reconstructions.
12. Alteration, Demolition and Relocation: The Commission reviews projects involving
alteration or relocation of a listed historic resource, including additions and accessory
structures, as well as (if the Community Development Director cannot make a finding)
minor alterations. The Commission reviews and make recommendations to the City
Council on demolition applications for listed historic resources, including appeals of
financial hardship and historic and architectural documentation. In cases of relocation,
the Commission or Director of Community Development determines structures that are
potentially historic. In cases of unlisted buildings more than fifty years old submitted for
demolition or relocation, the Commission and Community Development Director
establish criteria for documentation.
13. Neglect: The Commission determines neglect of listed resources (as may the Community
Development Director or Council).
14. Qualifications: The Commission determines qualifications generally equivalent to
Secretary of the Interior’s Professional Qualification Standards.
ARTICLE 2. COMPLIANCE WITH OTHER REQUIREMENTS
The functioning of the Cultural Heritage Committee (CHC) Historic Preservation Commission
and all of its actions and decisions shall be in compliance with the provisions of the Advisory
Body Handbook and as established by Council Resolution.
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ARTICLE 3. MEMBERSHIP
The CHC Commission will have seven members appointed by the City Council. If possible,
members must should be residents and registered voters of the City, but the Council is not
limited to this requirement when making appointments of up to two persons with desired
professional expertise in cultural resources. All members must have a demonstrated interest,
competence, or knowledge in historic preservation. At least two Commission members are
encouraged to be appointed from among professionals in the disciplines of history, architecture,
architectural history, planning, pre-historic and historic archeology, folklore, cultural
anthropology, curation, conservation, and landscape architecture or related disciplines, such as
urban planning, American studies, American civilization, or cultural geography, to the extent that
such professionals are available in the community. Commission membership may also include
lay members.
1. If possible, membership of the Committee should include a person knowledgeable in
local history, a person with training or experience in structural rehabilitation, a person
knowledgeable in local archaeology, and a person with knowledge of architecture.
2. If possible, the Committee should include one resident from each of the five Historical
Preservation Districts created but the Council is not limited to this district residency
requirement when making appointments.
Each commission member is required to attend at least one informational or educational meeting,
seminar, workshop, or conference per year that pertains directly to the work and functions of the
commission and would be approvable by the state. Commission members will arrange this in
collaboration with and with the approval of the Commission’s staff liaison and Community
Development Department and will not be required to underwrite the expense themselves.
ARTICLE 4. TERMS OF APPOINTMENT
Members shall be appointed by the City Council for an initial term of a maximum of four years
and may be reappointed for additional terms, not exceeding a total of two consecutive four-year
terms. The City Council must make interim appointments to fill unexpired terms in the event of
vacancies occurring during the term of members of the commission. The City Council shall also
act within sixty (60) days to fill a vacancy.
ARTICLE 5. OFFICERS
4. A Chairperson and Vice-Chairperson shall be elected by the Committee Commission at
its first meeting in April for one-year terms. No person may serve in the office of
Chairperson or Vice-Chairperson for more than two consecutive terms.
5. The Chairperson shall preside over all Committee Commission meetings, vote on all
matters, appoint all subcommittees in consultation with the Commission, call special
meetings, and, in collaboration with the Commission’s staff liaison, submit an annual
report and budget to the Committee Commission for approval and presentation to the
City Council and an annual report to the State Office of Historic Preservation.
6. The Vice-Chairperson shall serve in the absence or incapacity of the Chairperson and
perform such other duties as requested by the Chair.
ARTICLE 6. MEETINGS
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8. The Committee Commission shall hold a regular meeting each month, unless there is no
business to consider or sufficient business to require additional meetings. All meetings
shall be open to the public. Regular meetings shall be held at 5:30 p.m. on the fourth
Monday of each month in the City Council Hearing Room, City Hall, 990 Palm Street,
San Luis Obispo, California.
9. A quorum shall consist of a majority of the established members.
10. All action of the Committee Commission shall be decided by a majority vote or
consensus of the quorum directed through the Chairperson.
11. Minutes of each meeting shall be forwarded to the City Council and be available as a
public record.
12. The Chairperson or a quorum majority of the Committee Commission may call a special
meeting, provided that all public notice requirements are met.
13. All Committee Commission meetings shall be conducted according to City practices,
customs, and policies.
Robert’s Rules of Order, Newly Revised, may be used as a guideline.
14. All members present must vote, except when a member declares a conflict of interest.
Any member declaring a conflict of interest shall not vote or participate in any related
deliberations or action of the Committee Commission.
ARTICLE 7. ABSENCES AND RESIGNATIONS
3. If a member fails to attend three consecutive regular meetings or a total of six regular
meetings within any 12 months, the member shall automatically be considered for
replacement. The Chairperson of the Committee Commission shall inform the Council of
such a situation and explain any special circumstances.
4. Committee Commission members are responsible for notifying the Chairperson or the
Secretary in advance when an absence is anticipated.
3. If a member needs to resign from the Committee Commission, the member shall
immediately direct a letter to the City Council with copies forwarded to the Committee
Commission Chairperson and City Clerk.
ARTICLE 8. SUBCOMMITTEES
Subcommittees shall be appointed, as needed, by the Chairperson in consultation with the
Commission. Subcommittees may include non- Committee Commission members who shall
have no voting power.
ARTICLE 9. AMENDMENTS
Bylaw amendments shall be submitted for Council approval by an affirmative vote of the
members present at a regular meeting of the Committee Commission, provided that such
amendments shall have been discussed by the Committee Commission on the agenda of at least
two meetings prior to the vote. The members shall receive the proposed amendments at least 10
days prior to the first meeting.
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REFERENCES
These are not proposed as part of the bylaws but provide the basis for them in the Historic
Preservation Ordinance, Historic Preservation Program Guidelines, Community Design
Guidelines, and Certified Local Government Requirements.
Administrative Role
“The City's requirements for the preservation of historic and cultural resources are administered
by the Cultural Heritage Committee (CHC).” Community Design Guidelines 7.3
“[The Historic Preservation Program] Guidelines are administered by a seven-member citizens’
group appointed by the City.” Historic Preservation Program Guidelines 1.3
Advice and Education
“The City of San Luis Obispo’s Cultural Heritage Committee (CHC), a group of seven citizens
appointed by the City Council to advise and educate the public and decision makers on historic
resource preservation.” Historic Preservation Program Guidelines 1.1
“Commission members may act in an advisory capacity to other officials and departments within
the local government and act as a liaison on behalf of the CLG to individuals and organizations
concerned with historic preservation issues at the local level.” CLG Requirements for
Certification VII.B
“The CHC shall make recommendations to decision-making bodies on the following:
Consolidation of information about cultural resources and promotion, participation in, or
sponsorship of educational and interpretive programs that foster public awareness and
appreciation of cultural resources.” Historic Preservation Ordinance 14.01.030.B.6
Guidelines
“The CHC shall make recommendations to decision-making bodies on the following: Historic
and Archaeological Resource Preservation Program guidelines that implement this ordinance.”
Historic Preservation Ordinance 14.01.030.B.1
Inventories of Historic and Archaeological Resources and Sensitive Sites
“The commission shall develop procedures for conducting an inventory of culture resources.
Survey activities shall be coordinated with and complementary to the state program to ensure
that survey results produced by the CLG will be readily integrated into the statewide
comprehensive historic preservation planning process.” CLG Requirements for Certification
III.A
“The commission shall establish internal procedures to facilitate the use of survey results in the
planning process by the CLG officials and departments. The commission shall submit survey
results to the local government for adoption, then forward to OHP.” CLG Requirements for
Certification III.B
“The commission shall establish internal procedures to facilitate the use of survey results in the
planning process by the CLG officials and departments.” CLG Requirements for Certification
III.B
“The CHC shall make recommendations to decision-making bodies on the following: 2.
Properties for inclusion on the City’s List of Historic Resources - those properties, areas,
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sites,buildings, structures or other features having significant historical, cultural, architectural,
community, scientific or aesthetic value to the citizens of San Luis Obispo. 3. The Master and
Contributing Properties Lists of Historic Resources, and Historic Property and Archaeological
Site Inventories.” Historic Preservation Ordinance 14.01.030.B.2–3
“The Committee shall review and make recommendations to the Director, Architectural Review
Commission, Planning Commission or City Council on applications and development review
projects which include any of the following: Changes to the Inventory of Historic Resources.”
Historic Preservation Ordinance 14.01.030.C.1
“Sensitive Site: a site determined by the Community Development Director, Planning
Commission, Architectural Review Commission or Council, upon recommendation of the
Cultural Heritage Committee, to have special characteristics, constraints or community value
such as: historic significance, historic context, creek side location or visual prominence,
requiring more detailed development review than would otherwise be required for other similarly
zoned lots.” Historic Preservation Program Guidelines 5.5.51
Disambiguation of Properties
“Primary Structure: the most important building or other structural feature on a parcel in terms of
size, scale, architectural or historical significance, as determined by the Committee.” Historic
Preservation Program Guidelines 5.5.41
“‘Accessory structures’ are located on the same parcel and are related to the primary structure
but are subordinate or incidental, but may include structures that have achieved historic
significance in their own right, as determined by the Director, Committee or Council (see
‘primary structure’).” Historic Preservation Program Guidelines 5.5.1
“Acquired historic significance. Changes to listed historic resources that the Director or the CHC
determines to have acquired historic significance in their own right shall be retained and
preserved.” Historic Preservation Program Guidelines 3.4.6
Historic Districts
“The Committee shall review and make recommendations to the Director, Architectural Review
Commission, Planning Commission or City Council on applications and development review
projects which include any of the following: Changes to historic districts and applications to
establish new historic districts.” Historic Preservation Ordinance 14.01.030.C.2
National Register Nominations
“Before a property within the jurisdiction of a CLG may be considered by the state to be
nominated to the National Register, the state shall notify the owner, the applicable chief elected
local official, and the local historic preservation commission. The commission, after reasonable
opportunity for public comment, shall prepare a report as to whether or not such property, in its
opinion, meets the criteria of the National Register.” CLG Requirements for Certification VI.B.1
Incentive Programs
“The CHC shall make recommendations to decision-making bodies on the following: Incentive
programs approved by the Council that are directed at preserving and maintaining cultural
resources.” Historic Preservation Ordinance 14.01.030.B.8
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“The CHC shall make recommendations to decision-making bodies on the following:
Information for property owners preparing local, state and federal historic nominations to utilize
preservation incentives, including the Mills Act and federal tax incentives, such as rehabilitation
tax credits” Historic Preservation Ordinance 14.01.030.B.9
“The CHC shall evaluate whether the proposed land use and related building modifications are
consistent with these guidelines and the Secretary of the Interior’s Standards for the Treatment of
Historic Properties conformance reasonably necessary to preserve or rehabilitate the historic
resource, and shall report its findings to the Director.” Historic Preservation Program Guidelines
4.1.3
Federally Sponsored Projects and CEQA
“The CLG commission will participate in the environmental review of specific federally
sponsored projects, such as community development programs involving HUD Block Grant
funds unless it is determined by OHP that the necessary expertise is not available to the local
government.” CLG Requirements for Certification I.E
The CLG commission will participate in the environment review of local projects in accordance
with the requirements under the California Environmental Quality Act (CEQA). The commission
may review and comment on permit actions affecting significant listed historic properties and
other resources eligible for listing, in accordance with local ordinance requirements and with
CEQA. Procedural guidelines should include standards for demolition stays, design review
criteria, anti-neglect requirements, and appeal strategies.” CLG Requirements for Certification
I.F
Development, New Construction, Additions and Alterations
“The CHC shall make recommendations to decision-making bodies on the following: Actions
subject to discretionary City review and approval that may affect significant archaeological,
cultural or historic resources.” Historic Preservation Ordinance 14.01.030.B.4
“The Committee shall review and make recommendations to the Director, Architectural Review
Commission, Planning Commission or City Council on applications and development review
projects which include any of the following: Proposed actions of public agencies that may affect
historic or cultural resources within the City.” Historic Preservation Ordinance 14.01.030.C.7
“The CHC shall make recommendations to decision-making bodies on the following The
application of architectural, historic, and cultural preservation standards and guidelines to
projects and approvals involving historic sites, districts, and structures.” Historic Preservation
Ordinance 14.01.030.B.5
“The Committee shall review and make recommendations to the Director, Architectural Review
Commission, Planning Commission or City Council on applications and development review
projects which include any of the following: New construction, additions or alterations located in
historic districts, or on historically listed properties, or sensitive archaeological sites.” Historic
Preservation Ordinance 14.01.030.C.4
“The CHC shall make recommendations to decision-making bodies on the followingAlterations
related to development or demolition applications involving listed resources and properties
within historic preservation districts.” Historic Preservation Ordinance 14.01.030.B.7
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“The CHC reviews development proposals to determine their effect on the City’s historic
districts. These guidelines apply to both private and public properties that either have or are
considered to be historic resources.” Historic Preservation Program Guidelines 1.1
“The CHC may recommend conditions or environmental mitigation measures for construction in
historic districts or on properties that contain listed historic resources.” Historic Preservation
Program Guidelines 3.1.3
“The CHC reviews development in historic districts for architectural compatibility with nearby
historic resources, and for consistency with applicable design and preservation policies,
standards, and historic district descriptions in Section 5.2.” Historic Preservation Program
Guidelines 3.2.2
“The Committee shall review and make recommendations to the Director, Architectural Review
Commission, Planning Commission or City Council on applications and development review
projects which include any of the following: Referrals to the Committee Commission by the
Community Development Director (“Director”), Architectural Review Commission, Planning
Commission, or Council.” Historic Preservation Ordinance 14.01.030.C.6
“The Committee shall review and make recommendations to the Director, Architectural Review
Commission, Planning Commission or City Council on applications and development review
projects which include any of the following: Statements of historic significance and historic
inventories for existing and proposed historic districts.” Historic Preservation Ordinance
14.01.030.C.3
“A historic preservation report shall require CHC approval.” Historic Preservation Program
Guidelines 3.4.1.e
Reconstruction
“Reconstruction of Historic Resources. Minor variations. The Director or the ARC, on
recommendation by the CHC, may approve minor variations from the original design to meet
code requirements; provided the overall architectural character is maintained and character
defining features are accurately recreated.” Historic Preservation Program Guidelines 3.5.3
Alteration, Demolition, and Relocation
“Projects involving an alteration or relocation of a listed historic resource require CHC review.”
Historic Preservation Program Guidelines 3.4
“Minor alterations. For minor alterations to listed historic resources, the Director may approve
upon making the finding that the proposed work is consistent with the Secretary of the Interior’s
Standards for Treatment of Historic Properties and these Guidelines. If this finding cannot be
made, the Director will refer the matter to the CHC for review and comment.” Historic
Preservation Guidelines 3.4.1
The CHC shall make recommendations to decision-making bodies on the following: Alterations
related to development or demolition applications involving listed resources and properties
within historic preservation districts.” Historic Preservation Ordinance 14.01.030.B.7
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“B. Demolition review. The CHC shall review and make recommendation to the City Council
concerning demolition applications for structures listed in the Inventory of Historic resources.”
“F. Historic and architectural documentation. Before the issuance of a demolition permit for
structures listed in the Inventory of Historic Resources, the resource and its site shall be
documented as specified in City standards, to the satisfaction of the CHC and the Director.”
“J. Economic Hardship. An economic hardship provision is established to ensure that denial of a
demolition permit does not impose undue hardship on the owner of a historical resource. If the
applicant presents evidence clearly demonstrating to the satisfaction of the CHC or the City
Council that the action will cause an extreme hardship, the CHC may recommend approval, and
the Council may approve or conditionally approve a demolition or other application to modify a
listed historic resource even though it does not meet one or more standards set forth herein. The
applicant shall be responsible for providing substantiation of the claim to the Director, who shall
review the information with the Director of Finance and make a joint recommendation to the
CHC on the hardship request. The CHC shall consider and make a recommendation to the
Council regarding the financial impacts of denial of the demolition permit.” Historic
Preservation Ordinance 14.01.100.B, F and J
“Listed historic resources are an irreplaceable community resource that merit special protection
to preserve them for future generations, and shall not be demolished unlessthe City Council
makes all of the findings specified in Section 14.01.100 D, provided however, that these
thresholds shall not apply to repairs to listed historic resources that do not require a building
permit, or where the CHC or the Director has determined such work isconsistent with the
Secretary of the Interior’s Standards for the Treatment of Historic Properties and with the
Historic Preservation Program Guidelines.” Historic Preservation Ordinance 14.01.100.A
“The CHC and ARC shall review applications to relocate structures listed on the Inventory of
Historic Resources.” Historic Preservation Ordinance 14.01.110.A
“Criteria for relocation. Relocation of structures included on the Inventory of Historic Resources,
or those that are determined by the CHC or the Director to be potentially historic, is the least
preferred preservation method.” Historic Preservation Ordinance 14.01.110.B
“Historical and architectural documentation. Prior to issuance of a construction permit for
relocation, the resource and its site shall be historically documented as specified herein, to the
satisfaction of the CHC and the Director. An acknowledgment of the resource, such as a
permanent, weatherproof historic plaque shall be incorporated on the resource’s original site as
provided by the applicant or property owner, subject to the approval of the CHC.” Historic
Preservation Ordinance. 14.01.110.D
“Demolition or relocation of structure not designated historical. For a structure that is not located
on a property listed in the City’s Inventory of Historical Resources and is over 50 years old, the
Building Official may issue the permit if: The applicant submits historic documentation for the
structure in accordance with the criteria established by the Community Development Director
and the CHC” Community Design Guidelines Appendix A.1.C.2
Neglect
“Neglect: the lack of maintenance, repair or protection of a listed property, resource, site or
structure, which results in significant deterioration, as determined by the Director, CHC or
CityCouncil based on visual and physical evidence.” Historic Preservation Guidelines 5.5.37
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Qualifications
“Qualified Professional: an individual meeting the Secretary of the Interior’s Professional
Qualifications Standards (36 CFR Part 61 Appendix A) in history, architectural history, historic
architecture and other designated categories, or an individual determined by the CHC to have the
qualifications generally equivalent to the above standards based on demonstrated experience.”
Historic Preservation Guidelines 5.5.42
Membership
“The commission shall include a minimum membership of five (5) individuals with all members
having demonstrated interest, competence, or knowledge in historic preservation. At least two
(2) Commission members are encouraged to be appointed from among professionals in the
disciplines of history, architecture, architectural history, planning, pre-historic and historic
archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or
related disciplines, such as urban planning, American studies, American civilization, or cultural
geography, to the extent that such professionals are available in the community. Commission
membership may also include lay members who have demonstrated special interests,
competence, experience, or knowledge in historic preservation.” CLG Requirements for
Certification II.A and B
“Each commission member is required to attend at least one informational or educational
meeting, seminar, workshop, or conference per year that pertains directly to the work and
functions of the commission and would be approvable by the state.” CLG Requirements for
Certification II.F
Terms of Appointment
“The appointing authority shall make interim appointments to fill unexpired terms in the event of
vacancies occurring during the term of members of the commission. The appointing authority
shall also act within sixty (60) days to fill a vacancy.” CLG Requirements for Certification I.D