HomeMy WebLinkAboutREDmarxph5Sep 1710 08 :15a Jan Howell Marx
RED FIL E
MEETING AGEND A
DATE 21 o ITEM #PN r
As you know, I am a long time advocate of historical preservation . That said, I am deepl y
concerned about aspects of the proposed new ordinance and guidelines, especially its
effect on owners who occupy a historic residence and especially in these economi c
times .
Precinct walking in the Old Tower area, I have met many residents who are owner -
occupiers of old homes . Right now, they are frightened by the prospect of the cit y
imposing huge fines, putting liens or deed restrictions on their homes, or forcing them t o
make renovations or repairs which they simply cannot afford . They are afraid the city
might prosecute them criminally if they must defer maintenance for economic reasons .
An example is a man in his eighties with limited means, who was born in the same hous e
he lives in today . He is afraid the city might put him in jail if he cannot afford to maintai n
his home the way the city wants .
I am concerned that this ordinance might inadvertently create disincentives fo r
owning/buying historic homes . It might make it harder to sell them due to the risk o f
unknown future financial liability . Also, if a developer could just buy transfe r
development credits, there might be an incentive to buy them and destroy historica l
buildings--which might cheaper than going through the more protective CEQA process .
In my opinion, the formulation of any change in the status quo should have started wit h
the people who actually live in and own these historic homes . Staff consulted with the
Chamber of Commerce and the Downtown Association, but did not reach out to resident s
of historic homes prior to writing the initial draft . When the city change ordinances ,
guidelines or the General Plan, our tradition is to start with the present language, an d
deliberate line by line to determine if anything needs to be changed, as was not done i n
this case .
I have attached a number of pages from the ordinance with my notes and propose d
changes which would alleviate some of my concerns and which I will discuss in greate r
detail at our meeting . Here are a selected few :
L The fines are way too high, especially for an owner-occupier . If the histori c
resource produces business or rental income, and the property owner i s
willfully destroying a historical resource, then such a fine might be justifie d
as a deterrent . (PH 5-237)
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Re :
September 21, 2010 item PH 5 (Historic Preservation Ordina te)
Date : September 17, 201 0
To : San this Obispo City Council AIE14 ThIESIStoLirl S CMFrom: Jan Marx, City Council Member
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Sep 17 10 08 :15a Jan Nowell Marx 805-541-2716 p .2
2. This ordinance would drastically and inappropriately change the role of th e
Cultural Heritage Commission ("CHC"). Council appoints citizen volunteers
to the CHC to give ADVICE to Council, the Planning Commission and th e
ARC, not to become enforcers of the ordinance or impose penalties on thei r
neighbors (PH 5-236 & 239). A CHC volunteer should not be part of the ERC
and should not be "on call" during an emergency or have physical access t o
hazardous buildings (PH 5-232-233). ERC decisions should be presented t o
the whole CHC for deliberation . (PH 5-235)
3.
The Time to correct" provisions are harsher than the present provisions o f
Chapter 1 .24 of the Municipal code . (PH 5-236) Economic feasibility should b e
taken into account (PH5-238 )
4.
Violation of the ordinance should not be subject to criminal sanctions . (PH 5 -
236) Administrative citation is sufficient .
5.
There must be a time limit by which the city must lift deed restrictions fro m
people's homes after correction or compliance (PH 5-237 )
6.
Historical resources should not be permitted to be relocated, except as allowe d
under CEQA and the Secretary of the Interior's standards . (PH5-239 )
7.The Historical Fund should not be used as a means for the city to acquire real
property, especially under a scenario where first the city places a lien, then jus t
acquires the property . (PH5-240) It should be used to assist home owners wh o
cannot afford costly renovations or repairs .
8.
The Director's decision regarding the need for CHC review cannot overrule tha t
of the Council, Planning Commission or ARC (PH5-223 )
9.
The ordinance should apply to publically owned resources, such as adobes .
Perhaps consideration of the incredible amount of General Fund money it woul d
take to restore the adobes will give pause to over zealous prosecution under thi s
ordinance . (PH 5-228)
Sep 1710 08 :15a Jan Howell Marx 805-541-2716 p .3
Attachment S
Ordinance No . {2010 Series )
GPI 72-09 Historic Preservation Ordinanc e
Page 5
review, and for guiding City and property owner decisions regarding cultural resources in Sa n
Luis Obispo .
B.Identify and recommend to the Council those properties, areas, sites, buildings, structures o r
other features having significant historical, cultural, architectural, community, scientific o r
aesthetic value to the citizens of San Luis Obispo .
C.Maintain and update the Master and Contributing Properties Lists of Historic Resources, an d
Historic Property and Archaeological Site Inventories .
D.Review and make recommendations to decision makers an actions that may affect significan t
archaeological, cultural or historic resources .
E.Advise and assist property owners, developers and staff in the application of architectural ,
historic and cultural preservation standards and guidelines to projects and approvals involvin g
historic sites, districts and structures .
F.Collect and consolidate information about cultural resources and promote, participate in, o r
sponsor educational and interpretive programs which foster public awareness and appreciation o f
cultural resources .
G.Provide advice and guidance an the restoration, alteration, decoration, landscaping an d
maintenance of listed resources, and properties within historic preservation districts .
H.Administer incentive programs approved by the Council that are directed at preserving an d
maintaining cultural resources .
I.Assist property owners with the preparation of local, state and federal historic nominations t o
enable property owners to utilize preservation incentives, including the .Mills Act and federal ta x
incentives such as rehabilitation tax credits .
.1 . Function within the guidelines and policies 6f the Advisory Body Handbook and perform othe r
duties as assigned by Council .j)Ie5 ki.ot fi?G.Cc c !_em aea
14.0L040 Actions Subject to Cultural Heritage Committee Review .n'72-
The Committee shall review and make recommendations on the following actions :
A.Changes to the Inventory of Historic Resources .
B.Changes to historic districts and applications to establish new historic districts .
i'l-I S -a~.~
Sep 17 10 08 :16a
Jan Howell Marx
805-541-2716
p .4
Attachment 8
Ordinance No. (2010 Series)
GPI 72-09 Historic Preservation Ordinanc e
Page 6
C.Statements of historic significance and historic inventories for existing and proposed histori c
districts .
D.New construction, additions or alterations located in or adjacent to historic districts,or at
historically listed properties, or sensitive archaeological sites .
E.Applications to demolish or relocate listed resources or structures .
F Projects and actions referred to the Committee by the Community Development Directo r
("Director"), Architectural Review Commission,Planning Commission,orCouncil .
G . Actions of public agencies that may affect historic or cultural resources within the City .
14 .01 .045 Community Development Director Rol e
The CHC is assisted by staff of the Community Develop ent Department . The Communit y
Development Director ("Director ") is responsible for terpreting and implementing thi s
ordinance and helping the CHC carry out its duties . Section 14 .01 .040 of this
ordinance, the Director may determine that CHC review is not required for actions or project s
that :I)do not adversely affect historic resources, or 2) are consistent with this ordinance and th e
Historic Preservation Program Guidelines and no public purpose would be served by requirin g
CHC review .
14 .01 .050 Cultural Heritage Review Procedures .
The Committee shall prepare and maintain Historic and Archaeological Resource Preservatio n
Program Guidelines that implement this ordinance and set forth the guidelines for cultura l
heritage review . These documents shall require Council approval . A record copy of the
guidelines shall be maintained in the office of the City Clerk and in the Community Developmen t
Department . Copies shall be available on the City's website and printed versions will b e
available at cost .
11.01 .051 Resource Designatio n
The following classifications are used to designate historic resources and properties . The
primary categories of historic significance are "Master List" and "Contributing" properties . The
Master List includes the City's most important historic resources in terms of age, architectural o r
historical significance, rarity, or association with important persons or events in the City's past .
Contributing properties include those properties that by virtue of their age, design an d
appearance, contribute to and embody the historic character of the historic district o r
neighborhood in which they are located .
PR -c
Sep 17 10 08 :16a Jan Howell Marx 805-541-2716 p .5
Attachment 8
Ordinance No. (2010 Series )
GPI 72-09 Historic Preservation Ordinance
Page 11 a
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B . Cults Resources on public property.Cultural and historic feat-ems on public property ,
such as ishop 's Peak granite walls and curbing, sidewalk embossing, ornamental manhol e
covers and hitching posts, may be added to the Inventory of Historic Resources through CH C
review as specified herein .
14.01 .055 Historic District Designation, Purpose and Applicatio n
A .Historic (H) District designation .All properties within historic districts shall be designate d
by an "13" zoning . Properties zoned "H e" shall be subject to the provisions and standards a s
provided in Ordinance 17 .54 of the Municipal Code _
B .Purposes of Historic Districts .The purposes of historic districts and H zone designation ar e
to :
(a)Implement cultural resource preservation policies of the General Plan, the preservatio n
provisions of adopted area plans, the Historic Preservation and Archaeological Resourc e
Preservation Program Guidelines, an d
(b)Identify and preserve_definable, unified geographical entities that possess a significan t
concentration, linkage, or continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development ;
(c)Implement historic preservation provisions of adopted area and neighborhoo d
improvement plans ;
(d)Enhance and preserve the setting of historic resources so that surrounding land use s
and structures do not detract from the historic or architectural integrity of designate d
historic resources and districts ; and
(e)_Promote the public understanding and appreciation of historic resources .
C . Eligibility for incentives .Properties designated as Historic Preservation (H) shall be eligibl e
for preservation incentive and benefit programs as established herein, in the Guidelines and othe r
local, state and federal programs .
D. Where applied .The (H) designation may be applied to areas or neighborhoods with a
collection or concentration of listed historic properties or archaeologically significant sites, o r
where historic properties help define an area or neighborhood's unique architectural and histori c
character or sense of place.
E. "H" district combined .A Historic Preservation Overlay District (H) may be combined with
any zoning district, and shall be shown by adding an "H" to the base zone designation . H district
Ply 5 -ate"
Sep 17 10 08 :17a
Jan Howell Marx
805-541-2716
p .6
Attachment 8
Ordinance No_ (2010 Series )
GPI72-09 Historic Preservation Ordinanc e
Page 1 5
(b) Continue to preserve Master List resources and provide for their stabilization, restoration
and/Or reconstruction in the event of a disaster such as earthquake, fire, windstorm, or flooding .
(e) Establish post-disaster historic preservation procedures that are consistent with state and
local law, and specifically SLOMC Section 15 .48 ; an d
(d)Establish an Emergency Response Committee that will develop, implement and monito r
procedures for stabilization or demolition of Master List buildings which are damaged by a n
earthquake or other disaster.
(e)Integrate post-disaster historic preservation with the City's disaster planning and emergenc y
response protocols .
14 .01 .062. Emergency Response Committee (ERC) established .
(a)The Council hereby establishes an "Emergency Response Committee" (ERC). The ERC's
membership shall consist of :
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(b)The Council, upon the recommendation of the Committee shall appoint members under i
r
subsection (a)(v) and (a)(vi), and shall appoint alternates for both positions . Committee
members shall serve on a volunteer basis for 2-4 year terms .
(c)City officials on the Committee may be represented by their designees. The ERC shall mee t
as needed, and shall be convened by the Director. All decisions shall require a majority vote o f
the quorum of ERC members. A quorum shall consist of four Committee members .
(d)The citizen architect or engineer should be knowledgeable in historic building constructio n
and preservation methods, to assist the City and owners of historically-listed buildings .
(e)The citizen architect or engineer should be registered as a Disaster Service Worker with th e
Office of Emergency Services .
14 .01 .063 Provisions and fee waiver .
¶,(5 .-L3
i)Community Development Director ("Director")
ii)City Engineer
iii)Chief Building Officia l
iv)Fire Marshal lWar`6*I11 ---
vi) Citizen Architect or Engineer
Sep 17 10 08 :17a Jan Howell Marx 805-541-2716 p .7
Attachment 8
Ordinance Na . (2010 Series )
GPI 72-09 Historic Preservation Ordinance
Page 1 6
If a Master List resource is damaged by a disaster, the following provisions shall guide actions o f
the City and owners of Master List properties . City development review and permit fees fo r
restoration or reconstruction of Master List properties may be reduced or waived by the Cit y
Council to facilitate preservation of significant historic resources and to expedite recovery fro m
the disaster .
14.01 .064 Stabilization of historic buildings .
Within the first 90 days of a disaster, the City shall work with the property owners . and all
agencies concerned for the shoring and stabilization of Master List buildings that the ERC o r
Chief Building Official determines to be hazardous buildings . The following provisions shall
apply unless 'waived by the Council :
(a)As per SLOMC 15 .48, placards shall be used to identify buildings the Chief Building Office r
determines to be restricted or unsafe to occupy . In addition, buildings on the Master List o f
Historic Resources that are deteiniined to be restricted or unsafe to occupy shall be clearly
labeled by the City with the words "Master List Historic Building- This Placard is not a
Demolition Order."
(b)Members of the ERC shall be "on-call" as stated in Section 14 .01 .062(e), and should be abl e
to assist isaster personne and advise owners on emergency stabilization measures for Master
List resources,consistent with City authority granted by law under emergency conditions .
(c)City shall maintain a list of qualified architects and engineers, and make the list available t o
owners of Master List resources, to assist in preparing shoring and stabilization programs .
(d)Owners of Master List resources shall submit a written report prepared by a qualified
architect or engineer, outlining shoring and stabilization measures to be taken to the ERC fo r
review and recommendation to the Chief Building Official for approval .
(e)Members of the ERC, owners of Master List buildings, and owners' representatives shal l
wave physical access to hazardous Master List buildings, at the Community Developmen t
Director's discretion, to recommend appropriate shoring and stabilization measures to b e
undertaken to the Chief Building Official ..
(f)Stabilization actions should occur within the Hanle period specified by the ERC .A
construction permit shall be obtained for stabilization actions, unless the requirement is waive d
by the City or is exempt from permit requirements.
14.01 .065 Demolition of historic buildings .
If a Master List resource is damaged by a disaster, demolition of the structure may be authorize d
P Re -al-a3
Sep 17 10 08 :18a Jan Howell Marx 805-541-2716 p,8
A ttachment 8
Ordinance Na .(2010 Series)
GPI 72-09 Historic Preservation Ordinanc e
Page 18
i)As a condition of any permit to demolish a Master List building or portion thereo f
that remains after a disaster, the owner shall provide photo-documentation to th e
Director showing building setbacks from property line, floor area, height, exterio r
architectural details, building form and materials, in a form acceptable to th e
CHC .
ii)The ERC .s C shall use photo-documentation to determine-if any architectura l
features should be saved for reuse on the reconstructed building . If the property
owner isseamaiiiIiiagea unable to save the identified architectural features, the Cit y
may, at its option, store the features for later use, consistent with Histori c
Preservation Program Guidelines, with the agreement of the property owner. Cost
of City storage of the features if any will be borne by the property owner .
The ERC reserves the right to consider third-party assessments of the structura l
condition of the Master List building prepared by qualified professionals _
14 .01.066 City assistance.
To assist owners of buildings on the Master List of 'Historic Resources with stabilization ,
restoration and reconstruction work, the City shall :
(a)Maintain photographic records of the exteriors of Master List buildings _
(b)Give priority to the processing of applications and the issuance of building permits fo r
restoration and reconstruction work.
(e)Provide and distribute information brochures to local disaster personnel and Master List
building owners with information describing funding sources, policies, and laws applicable t o
historical buildings, seismic hazard mitigation and response strategies, and historic preservatio n
measures following a disaster .
(d) Make available any of the applicable benefits listed in Chapter 4 of the Historic Preservatio n
Program Guidelines .
14.01 .070 Non-Compliance With Provision s
14 .01 .071 Severability
14 .01 .072 Legal authority and enforcemen t
14 .01 .073 Enforcemen t
14 .01 .074 Historic Property Protection Standard s
14 .01 .075 Ecnno isH ard s hip
4 Historic and cultural resources trust fund rte'Sec .oin)
Sep 17 10 08 :18a
Jan Howell Marx
805-541-2716
10,9
:'attachment 3
Ordinance No . (2010 Series)
GPI 72-09 Historic Preservation Ordinanc e
Page 1 9
14 .01 .011 Severability.
Should any section or other portion of this ordinance be determined unlawful or unenforceable b y
a court of competent jurisdiction, the remaining section(s) and portion(s) of this ordinance shal l
be considered severable and shall remain in full force and effect.r
14 .01 .072 Legal authority and enforcement .
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A .Authority . 'The Director, Chief Building Official, City Attorney, Cultural I Icri ego ,51,26-kiwiGeese,Council and their designees are hereby authorized to enforce the provisions of this ``
ordinance .
1 where appropriate . Failure to
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14.01 .073 Enforcement .(- -4 'i o~-6 firGl a-Gs if .G 'O rr`(as 9e-- (-'-f-- ),a'it tie-Mu,-a ceia ,
A.Violations .Violating the provisions of this ordinance or of the Historic Preservation Progra m
Guidelines, failure to obey an order issued by those authorized to enforce it,or failure to comply
with a condition of approval of any discretionary City approval, certificate or permit issued tinder ,
this ordinance shall cent n carton r- SY6)e.c f- 74 elf?.ereP nff +sE^e c'
B.Failure to protect property. No property owner or other responsible party shall cause o r
permit, by action or inaction, alteration of, damage to, deterioration, or demolition of in whole o r
part, of any significant features or characteristics of a listed historic property or resource withou t
first having obtained proper city authorization .
C.Work stoppage . In addition to any other fizzes, penalties or enforcement provisions set fort h
in this ordinance, failure to comply in any respect with an approved application shall constitut e
grounds for immediate stoppage of the work involved in the noncompliance until the matter i s
resolved.
D.Penalties . The City shall use procedures described in Chapter 1 .24 of the Municipal Cod e
and Administrative Citation Guidelines if any fines are imposed in conjunction with enforcemen t
B.Fees :Council shall, by resolution, establish the fee(s) for applications and submissions mad e
pursuant to this ordinance, fines, and fees for non-conformance with this ordinance and adopte d
Historic Preservation Program guidelines .
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C.Time to correct .Director shall provide rztten notice of no compliance t property owners .3;s e
Notice shall be by certified mail or other ethod approved y the City a orney . Followin g
receipt of notice,property owner shall have days to corre t the violatio Additional time to
correct the violation may be allowed by the
Sep 17 10 08 :18a Jan Howell Marx 805-541-2716
p .1 0
Attachment 8
(a)Fine. The owner of the listed historic proper nay be assessed a one time fine of up to
S10,000 per violation,. as established by Council . In addition, the City may assess a fine
ranging from S100 to $5,000 per day, up to a maximum of 30 days, for continuing violations .P~h
--gee s ha:C-ham•a p~i'-fee ci keener Poccepse .d loess'ni ~f
(b)Building permit restriction . City may prohibit the owner(s), successors, or assigns fro m
obtaining a building permit for the subject property for a period of up to five (5) years fro m
the date of violation, unless such permit(s) is for the purpose of correcting a building o r
zoning code violation or for complying with provisions of this ordinance . City shall initiat e
proceedings to place a deed restriction on the property to ensure enforcement of thi s
restriction. The property owner shall be required to maintain the property during that perio d
in conformance with standards set forth in this ordinance .its
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(c)Loss of preservation benefits . Any historic preservation benefits previously granted to th e
property may be subject to revocation .
(d)Restoration required. Any responsible party who demolishes or alters a property or
structure in violation of this ordinance may be required to restore the property or structure t o
its appearance prior to the violation to the satisfaction of the Director . This shall be i n
addition to and not in lieu of any criminal prosecution and penalty, and applicable fines .
var."-l AZI to
zed by law, failure to protect a
in the issuance of an order that th e
. h- s- ee ien .
ecome a ten - gai i -:: - • e fines and
penalties contained herein are tam-exclusive and are in addition to any other remedies the Cit y
may have.
14 .01 .074 Historic Property Protection Standard s
A. Preservation of listed historic resources . To prevent their deliberate or inadvertent neglec t
and potential loss, the property owner shall maintain listed historic resources in good repair,
preserved against vandalism, wra ithorized entry, decay and deterioration, and free fro m
structural defects and safety hazards, consistent with the Property Maintenance Standard s
(SLOMC Ch . 17 .17), Cosmnunity Design Guidelines, and standards as specified herein .
Ordinance No . (2010 Series)
GPI 72-09 Historic Preservation Ordinanc e
Page 20
166 1 1
of these regulations .
clawing notice and public hearing, the Council, may enforce the
following penalties for iolations of this ordinance :
r„1 Glv is ivo Dr.1 rut -rJ c c af t
(e) Other remedies . In addition to any other penalty auth
historic resource may constitute a public nuisance result]
owner perform the maintenance necessary to comply
Sep 17 10 08 :19a Jan Howell Marx 805-541-2716 p .1 1
Attachment 8
)3 .Property and building efeets .The property owner of a . listed historic property shal l
promptly repair the property f it is found to have any of the following defects which could resul t
in loss of historic integrity of the resource :
(1)Building elements in a condition that they may fall or otherwise damage property or injur e
members of the public .
(2)Deteriorated, defective or inadequate foundation, flooring or floor supports causin g
exterior signs of structural failure, such as those listed in 3, 4, and 5 below.
(3)Members of walls, partitions or other vertical supports that split, lean, list or buckle due t o
defective materials or deterioration .
(4)Members of ceilings or roofs, ceiling or roof supports or other horizontal members whic h
sag, split, or buckle due to defective materials or deterioration .
(5)Fireplaces or chimneys which list, bulge, or settle due to defective materials o r
deterioration .
(6)Deteriorated, crumbling or loose exterior plaster .
(7)Deteriorated or ineffective waterproofing of exterior walls,roofs, foundations or floors ,
including broken windows or doors .
(S) Defective or insufficient weather protection for exterior wall covering, including lack o f
paint or other protective covering .
(9)Any fault, defect or deterioration in the building which renders it structurally unsafe o r
not properly watertight .
(10)Unsecured windows, doors or other openings that allow unauthorized entrance or use of
building or site .
(11)Excessive trash, debris, uu-maintained landscaping or other conditions that in th e
opinion of the Director or Chief Building Official may pose a public nuisance or hazard, o r
adversely affect the safety and condition of the property or adjacent properties .
C . Imminent threat .If the Community Development Director or the Chief Building Officia l
determines there is an imminent threat to a listed historic or cultural resource,the property owner
shall be required to provide urgent measures for the protection of the resource within 72 hours o f
notification, including, but not limited to the securing of building openings, roof or wall repairs ,
Ordinance No . (20 t0 Series)
GPI 72-09 Historic Preservation Ordinance
Page 21
Sep 1710 08 :19a
Jan Howell Marx
805-541-2716 p .1 2
Attachment 8
Ordinance No. (20t0 Series)
GPI72-09 Historic Preservation Ordinanc e
Page 2 2
fencing,site lighting, site clean up, private security services, or other measures deeme d
reasonable and necessary-to protect the resource and public health and safety .
D . Demolition by neglect .If the Director, Chief Building Official, or the CHC determines a
listed historic or cultural resource is being adversely affected due to neglect, the property owner
___.
or other person having legal custody and control of the resource shall be directed to take action s
necessary to repair damage, protect and stabilize the property, and prevent further damage or
4-I^2-
deterioration. If, in the determination of the Director, Chief Building Official . --eHe ~L.f-.(
insufficient effort is made to correct the problem within 30 days of written notice to the property
..
owner, the Director or the Chief Building Official shall initiate enforcement action .
E , r [a~'rain ti -F
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14 .01 .075 Economic Hardship .
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If the applicant pres s evidence clearly demonstrating to the satisfaction of the CHC or the Cit y
Council that the action will cause an extreme hardship because of conditions peculiar t o
the particular structure or other feature involved, the CHC may recommend approval, and th e
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 bear the burden of proving the extreme hardship and shall provide substantiatio n
of the claim to the CRC, which shall then make a recommendation to the Council on th e
hardship request .The CHC is authorized to request that the applicant furnish additiona l
information, documentation and expert testimony, the cost of which shall be paid by th e
applicant, to be considered by the Committee in its -related findings . All additional required
information shall be provided by a qualified individual or firm
d by the City:In
determining whether extreme hardship -exists, the Committee and 1Council shall conside r
evidence that demonstrates :
(a)Denial of the application will diminish the value of the subject property so as to leav e
substantially no value; or
(b)Sale or rental of the property is impractical,when compared to the cost of holding such
property for uses permitted in the zoning district or
(c)Utilization of the property for lawful purposes is prohibited or impractical ; or
(d)Rental at a reasonable rate of return is not feasible .
14 .01,080 Historic and cultural resource preservation fund established .
The Historic and Cultural Resource Preservation Fund ("Fund") is hereby established to
provide for the conservation, preservation, restoration and rehabilitation of historic an d
cultural resources in the City of San Luis Obispo . The Council shall provide the policy
direction for(expenditures from the Fund.
Sep 17 10 08 :20e
Jan Howell Marx
805-541-2716
p .1 3
Attachrnen t
Ordinance No. (2010 Series)
GPI 72-09 Historic Preservation Ordinanc e
Page 2 3
A . Program Administration . The Director shall administer the Fund, following specifi c
procedures and funding priorities adopted by the Council .
B . Purpose. The purpose of the Fund is to provide funds for historic preservatio n
projects within the City. All funds deposited in the Fund shall be used for th e
conservation, preservation, restoration and rehabilitation of historic or cultura l
resources, as provided in this section and as directed by the Counci l
1.Financial Administration . Financial administration of the Fund shall be by the
City Finance Director or his designee, in accordance with State and local law .
Any interest earned on the fund shall accrue to the funds, unless Counci l
specifically designates such funds for another purpose .
2.Grants, Gifts and Donations_ The Finance Director shall deposit into the fun d
any grants, gifts, donations, rents, royalties, or other financial suppor t
earmarked by Council for historic or cultural resource preservation .
C. Cultural Heritage Committee Role . The Committee shall advise the Council on th e
Fund regarding :
1.Criteria for use and award of funds ;
2.Entering into any contract, lease, agreement, etc . for use of funds ;
3.Any other action or activity necessary or appropriate to achieve the Fun d
purposes and the intent of this ordinance .
D. Uses of Fund . The Fund may be used for : 1) the identification and protection o f
cultural resources, including preparation of historic surveys and design guidelines, 2 )
for the repair, restoration, rehabilitation, preservation and maintenance of historica l
buildings, features, or archaeological sites, 3) for public education on cultura l
resources, 4)
P e
ese ses, or 5) any other purpose approved by the Council provided that Counci l
determines such actions are necessary to preserve the resource and in the best
interests of the City . Council decisions on the use of funds are final .
Loans and Grants . The Fund may be used, upon Council approval an d
recommendation by the Committee, for loans and grants to public agencies ,
nonprofit organizations and private entities to carry out the purposes of thi s
ordinance .
F . Preservation Agreements . Loans, grants or other financial assistance shalt requir e
execution of an agreement between the City and the recipient to ensure that suc h
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