HomeMy WebLinkAboutREDmarxph2R ECEIVE D
NOV 0 9 201 0
SLO CITY CLER K
MEMORANDU M
To : Mayor and City Counci l
From : Council Member Jan Marx
Re :
Item PH 2 (Historic Preservation Guidelines and Ordinance )
Date : November 9, 201 0
Please consider my comments on the proposed Guidelines and Ordinance are handwritte n
on the attached pages from the documents we are considering .
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Attachment 6
City of San Luis Obispo - Draft Historic Preservation Program Guidelines
June 201 0
chapteR 3 :tReatment of historic RESOU12ce s
3 .1 Construction in Historic Districts and on Properties with Historic Resource s
3.1 .1 Conformance with design standards .Construction in historic districts and on propertie s
that contain listed historic resources shall conform with the goals and policies of the Genera l
Plan, the Historic Preservation Ordinance, these Guidelines, the Community Design Guidelines ,
any applicable specific or area plan, and the Secretary of the Interior's Standards for th e
Treatment of Historic Properties.
3 .1 .2 Review of development projects .The Director shall ref r :a development projec t
application for a property located within a historic district .oron a prope with a listed Histori c
Resource to the CHC for review, unless the Director determines the projec
(a)Exempt from the California Environmental Quality Act :and
(b)Designed such that it would have no effect one H.istoric,or Archaeological' Resources ,
and
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: :.. ..
(c)Consistent with 3 .1 .1 above .
3 .1 .3 Approval conditions.The CHC may -fie'commend conditi tins or environmental mitigatio n
measures for construction in historic dislbets'r onpropertiesgtl at contain listed historic
resources . The Director, ARC, Planning Cori issio 'ors`.,C ty ,Council may impose conditions o f
approval and or environmmntal mitigation measure for pla i g actions affecting Historic an d
Archaeological Resources :
3.1 .4 Environmental re:jew.Development projects : on properties that contain listed historic
resources, and on propertiea'lacate Within historic .istricts shall be considered environmentall y
sensitive pur uat;,tothe Ctornia E"rivi ental Quality Act (CEQA) and require at a
minimum,pi l utial st dyto eval fate the project's potential effects on the resource eictept-ss4tef e
the DirpGtbr determmestb projeeti
}ds„not involve ;
1)"i0ignificant change to the exterior (or interior, subject to Section 3 .4 .6) of a
historic "t iieture ,
2)reloca i or demolition of part or all of a historic or potentially historic structure ,
or ;;,3,
3)grading on~'Jjsd historic property or identified archaeological site, o r
(b) is minor or incidental and has no potential to adversely affect cultural resources .
(G vr)a J V L
i),4 IeSJ
9
PH2-175
Attachment 6
City of San Luis Obispo - Draft Historic Preservation Program Guideline s
June 201 0
3 .2 Construction in Historic Districts
Figure 1 -Historic Districts in San Luis Obispo, 201 0
3.2.1 Architecturally compatible development within Historic Districts . New structures i n
historic districts shall be designed to be architecturally compatible with the district's prevailing
historic character as measured by their consistency with the scale, massing, rhythm, signatur e
architectural elements, exterior materials, siting and street yard setbacks of the district's histori c
structures, as described in Figures 2 and 3 . New structures slzal copy or imitate histori c
structures, or seek to create the illusion that a new building is historic .
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(S-D Works 1''‘("'j
~'`k 145).14)PH2-176
Attachment 6
City of San Luis Obispo - Draft Historic Preservation Program Guideline s
June 201 0
Figure 6 -Additions in Historic Districts
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3 .4.6 Interior building changes .Interior changes tQb1icly-accessible~listed historic building s
whose architectural or historic significance is swholly''or
Fly based on interior architectura l
characters or features shall;preserve and restore ificant ihtei1ior architectural features .
3.4.7 Acquired hist:~.K,,o_tr<k ignifici RCe.Changes IQ t listed historic resources that the Director or
the CHC determines to ve acquired historic sigi fcance in their own right shall be retaine d
and preserved..:.!--
3 .5 .1 lint ►riic building cod,.Reconstruction of listed historic structures should preserve th e
original historic character ti the historic resource to the maximum extent possible ; use o f
California His tt*i c,Building code is encouraged to accomplish such preservation .
3 .5.2 Consistency hdards .Reconstruction shall follow the Secretary of the Interior's
Standards, and shall be ll,sed on conclusive evidence such as architectural plans, photos, as-buil t
drawings and other reliable and accurate information .
3 .5 .3 Minor variations .The Director or the ARC, on recommendation by the CHC, ma y
approve minor variations from the original design to meet code requirements ; provided the
overall architectural character is maintained and character defining features are accuratel y
recreated .
-17 -
PH2 .183
City of San Luis Obispo - Draft Historic Preservation Program Guidelines Attachment 6
June 201 0
chapteR 4 :pReseRvatton toots am!)incentive s
4 .1 Cultural Resource Preservation Incentives and Benefit Program s
The City intends to establish and maintain incentives to support and encourage the identification ,
preservation, restoration, rehabilitation, reconstruction and continued use of historic and cultura l
resources . The City Council may offer these or additional preservation .incentives to property
owners of listed historic resources, as budget and/or funding sources allow:
4 .1.1 Reconstruction after loss .Subject to Director approval,historic resources damaged o r
destroyed by fire or natural disasters may be reconstructed tonatch their historic appearance a s
existing before the damage without complying with development standards for setback, lo t
coverage, height, parking requirements or other Zoning Regulations .
4 .1 .2 Modified development standards .Property;;; develop ent standards in ,the Zoning
Regulations and Parking and Driveway Standards may'erelaxed by an Administrative Us e
Permit, following procedures set forth in SLOMC Chapter V7 .58,if the modifications facilitat e
the preservation and/or rehabilitation of a historic resource ;or serve to reduce or eliminat e
impacts of development to a historic resourc e
4.1 .3 Additional uses .The following additional uses may he allowed on Historic Propertie s
by an Administrative Use Permit:
(a)Bed and Breakfast ;?ins with -oss floor area not exceeding 2,500 square feet or thre e
guest rooms in the R4 LR 4 zones .
(b)Re-establishment_ of the prop rty s l s oone use defined as the historic resource's origina l
use when it .openei r the use'ttwhich the resource was designed), provided the Directo r
detemnn;such uses ar?e compatible, with adjacent used and a equ Zoning Code ,.;:...: ::ylalk t,or-kCjLctr4 C
4.1 .4 Use permit review.(A) To apply for a Use Permit under this Chapter, the property owner
or owner's agent shall submit a planning application, fee and supporting information to th e
Department. The application shall include a historic preservation report, as described in thes e
Guidelines . The CHC shall evaluate whether the proposed land use and related buildin g
modifications are consistent with these guidelines and the Secretary of the Interior's Standard s
for the Treatment of Historic Properties conformance reasonably necessary to preserve o r
rehabilitate the historic resource, and shall report its findings to the Director . (B) In granting a
Use Permit, the Director shall make the findings pursuant to SLOMC Chapter 17 .58, includin g
these specific findings :
-19 -
PH2-185
Attachment 6
City of San Luis Obispo - Draft Historic Preservation Program Guideline s
June 201 0
(a)Impacts of the use, including traffic and parking, would not be detrimental to the
surrounding area .
(b)Flexible development standards and/or uses conform to an approved historic preservatio n
report and are necessary for the preservation and/or rehabilitation of an historic resource .
(c)Preservation agreements, contracts or facade easements between the property owner an d
City that would provide for preservation, restoration or rehabilitation of ,exterior or interior
features of an historic resource may be required as a condition of thense Permit .
4 .1 .5 Rehabilitation tax credits and grants .Historic resources ma.e eligible for the Stat e
Historical Building Code, Federal Rehabilitation Tax Credits ,.Mills Act P operty Tax Reductio n
Program, Community Development Block Grant and other programs that y be established b y
state, federal, or non-profit agencies, or by the City Council .
4 .1 .6 Historic and facade easements .Property -"o wners may :,dedicate historic or facade
easements to the City or to a non-profit organization to x etve cultural and historic resources .
Such dedication may qualify for fee waivers, rehabilitation iits,permit streamlining, Mills Act
program participation or other incentives <subject to the approval o_f the
city council.
4.1 .7 Transfer of development credit.Fo ,project ,
on site, the City may enter into an agreement to transfer -
u,N l appropriate site proportion . the commerctale ;1toor area
develop under current zq iug f eresource wer removed .
'%dumber of dwellings possible to 19-4-:4),4f)'bill
4.1 .8 Fee waiver or r [fiction .'property ownek iay apply for the waiver or reduction o f
planning, building and en.ge
pphca?tion =andpermit fees for designated historic resource s
The City Cq
y;waiver s&or aII.'fo if it can be demonstrated that the waiver will assis t
in the preervationtsignatestoric resource .
`Council approval, the City may use the Historic an d
4 .1 .9 Historic plaque program .Upon available funding, the City may provide standard histori c
plaques for designated historic properties and at no or reduced cost to property owners . High
quality bronze historic plaques will be available to purchase through the City at manufacturer's
cost plus handling .
4 .1 .10 Historic library .Property owners of historic properties shall have use of the CH C
reference library in the Department .
- 20 -
4.1 .$ 1♦"Iicial assistanc e
Cultural l gtce Preservaticl Trust''Fund, State or Federal grants, affordable housing funds o r
other fundingZt achieve hista c preservation objectives, especially for exceptional preservatio n
projects where le community objectives such as affordable housing, historic preservation,
removal of spot bhg1 t,. or'pore sustainable property development can be achieved with suc h
assistance .
t preservereultural or historic resource s
elopmient credit or density to another ^o"—G'S
PH2-186
Ordinance No . (2010 Series)
Attachment 7
GPI 72-09 Historic Preservation Ordinanc e
Page 3
14 .01 .070 Evaluation Criteria for Historic Resource Listin g
14 .01 .080 Historic District Designation Purpose and Applicatio n
14 .01 .090 Process for establishing or amending a Historic Distric t
14 .01 .100 Demolition of Historic Resource s
14 .01 .110 Relocation of Historic Resources
14 .01 .120 Unpermitted Demolition or Destruction of Historic Resource s
14 .01 .130 Historic Preservation Fund
14 .01 .140 Enforcemen t
14 .01 .150 Appeals
14 .01 .160 Severability
14 .01 .010 Findings and Purpose .
A . Findings .
1.The City of San Luis Obispo has a distinctive physical character and rich history tha t
are reflected in its many cultural resources, such as historic structures and sites . These
irreplaceable resources are important to the community's economic vitality, quality of life, an d
sense of place, and need protection from deterioration, damage, and inappropriate alteration o r
demolition .
2.The City of San Luis Obispo has been fortunate to have owners who care abou t
the history of their community and have undertaken the costly and time-consuming task o f
restoring, maintaining and enhancing their historic homes and commercial buildings . Their
efforts have enhanced the distinctive character and sense of place of the community .
3.The California Environmental Quality Act requires special treatment of histori c
resources and the establishment of clear local guidance for the identification and preservation o f
such resources lends clarity and certainty to the review of development applications involvin g
historic resources .S e~ceck o '^3 .L . Lt ai'"d4 1-h r+O v c- erese,-3it fi'o r -,Projra-‘s-
B . Purpose .The broad purpose of this ordinance is to promote the public health, safety an d
welfare through the identification, protection, enhancement and preservation of those properties,
structures, sites, artifacts and other cultural resources that represent distinctive elements of Sa n
Luis Obispo's cultural, educational, social, economic,. political and architectural history .
Specifically, this ordinance sets forth regulations and procedures to :
1.Identify, protect, preserve, and promote the continuing use and upkeep of San Lui s
Obispo's historic structures, sites and districts .
2.Foster the retention and restoration of historic buildings and other cultural resource s
that promote tourism, economic vitality, sense of place, and diversity .
P112-250
Ordinance No . (2010 Series )
GPI 72-09 Historic Preservation Ordinance
Page 5
dwkk'
Attachment 7
odel, modification, or new construction to : (1 )
ent building, (2) the structural elements whic h
r elements of the historic resource or adjacen t
(4) character defining features of the interior of a
ce is wholly or partially based on interior feature s
"Alteration" does not include ordinary landscap e
maintenance, unless the landscaping is identified as significant at the time a property is listed .
"Alteration" also does not include ordinary property maintenance or repair that is exemp t
from a building permit, or is consistent with the Secretary of the Interior Standards fo r
Treatment of Historic Properties .
5.Archaeological Site :those areas where archaeological resources are present and may be large r
or smaller than the project site . An archaeological site may include prehistoric Native America n
archaeological site, Historic archaeological sites ; sites or natural landscapes associated wit h
important human events ; and Native American Sacred Places and Cultural landscapes .
6.ARC : the Architectural Review Commission as appointed by the City Council .
7.California Register :California Register of Historical Resources defined in California PR C
5024.1 and in CCR Title 14 Chap 11 .5, Sec 4850 et seq . as it may be amended .
8.CHC : the Cultural Heritage Committee as appointed by the City Council .
9.Character Defining Features :as outlined in the U .S . Department of the Interior's National
Register Bulletin 15 and Preservation Brief 17 : "How to Identify Character Defining Features",
the architectural character and general composition of a resource, including, but not limited to ,
type and texture of building material; type, design, and character of all windows, doors, stairs ,
porches, railings, molding and other appurtenant elements ; and fenestration, ornamenta l
detailing, elements of craftsmanship, finishes, etc .
10.City : the City of San Luis Obispo .
11.Community Design Guidelines :the most recent version of the City's Communit y
Design Guidelines as adopted and amended from time to time .
12.Contributing Resource or Property :Buildings or other resources at least 50 years old that
maintain their original or attained historic and architectural character, and contribute either b y
themselves or in conjunction with other structures to the unique or historic character of a
neighborhood, district, or to the City as a whole .. They need not be located in a historic district,.
In some cases, buildings or other resources that are less tha n
50 years old, but are nonetheless significant based on architecture, craftsmanship or other criteri a
as described herein maybe designated as a Contributing resource
4 .Alteration :change, repair, replacement ,
the exterior of an historic resource or adj
support the exterior walls, roof, or exte:
building, (3) other construction on a lot,o
historic resource if the structure's signifi
and the resource is publicly-accessibl e
(?6o/1,1,tok
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PH2-252
Ordinance No . (2010 Series)
Attachment 7
GPI 72-09 Historic Preservation Ordinance
Page 6
13.Council :the Council of the City of San Luis Obispo .
14.Cultural Resource :any prehistoric or historic district, site, landscape, building, structure, o r
object included in, or potentially eligible for local, State or National historic designation ,
including artifacts, records, and material remains related to such a property or resource .
15.Demolition :for the purpose of this ordinance, "demolition" refers to any act or failure to ac t
that destroys, removes, or relocates, in whole or part a historical resource such that its historic o r
architectural character and significance are materially altered .
16.Deterioration :the significant worsening of a structure's condition, architectural or histori c
integrity, due to lack of maintenance, organisms, neglect, weathering and other natural forces .
17.Director :the Director of the Community Development Department, or another perso n
authorized by the Director to act on his or her behalf .
18.Feasible:capable of being accomplished in a successful manner within a reasonable perio d
of time, taking into account cultural, economic, environmental, historic, legal, social an d
technological factors .Structural feasibility means that a building or other structure can b e
repaired or rehabilitated so as to be safe and usable without significant loss of historic fabric .
Factors to be considered when making this determination include the existence of technology that
will allow the design of the work and the ability to repair, supplement or replace load-bearin g
members and the thermal and moisture protection systems required for continued use of th e
structure; and the physical capacity of the structure to withstand the repair and/or rehabilitatio n
process without the danger of further damage .
19. Historic Building Code :the most recent version of the California Historical Building Code ,
Title 25, Part, 8, as defined in Sections 18950 to 18961 of Division 12, Part 2 .7 of Health and
Safety Code (H&SC), a part of California State law .
20.Historic Context :Historic context are those patterns, themes or trends in history b y
which a specific occurrence, property, or site is understood and its meaning and significanc e
is made clear .
21.Historic District/Historical Preservation District :areas or neighborhoods with a collectio n
or concentration of listed or potentially contributing historic properties or archaeologicall y
significant sites, where historic properties help define the area or neighborhood's uniqu e
architectural, cultural, and historic character or sense of place . Historic districts siatjfthe?.LL`.rd,
delineated on the official zoning map as Historic (H) overlay zone under San Luis Obisp o
Municipal Code Chapter 17 .54 .
PH2-253
Ordinance No . (2010 Series)Attachment 7
GPI 72-09 Historic Preservation Ordinanc e
Page 9
44.Rehabilitation :the act or process of making possible a compatible use for a propert y
through repair, alterations, and additions while preserving those portions or features whic h
convey its architectural, cultural,or historic values.
45.Relocation :removal of a resource from its original site and its re-establishment( at anothe r
locatio -nessentially the s .s ,..:earance and architectural deta i
46.Responsible party :any person, business, corporation or entity, and the parent or legal
guardian of any person under the age of eighteen (18) years, who has committed, permitted ,
directed or controlled any act constituting a violation of this ordinance .
47.Restoration the act or process of accurately depicting the form, features, and character of a
property as it appeared at a particular period of time by means of the removal of features fro m
other periods in its history and reconstruction of missing features from the restoration period .
48.Scale :the proportions of architectural design that relate to human size or other relative siz e
measure .
49.Secretary of the Interior's Standards :the Secretary of the Interior's Standards for th e
Treatment of Historic Properties as published by the U .S . Department of the Interior and as
amended from time to time .
50.Setting :the physical area, environment or neighborhood in which a resource is located .
51.Sensitive Site :a site determined by the Community Development Director, Plannin g
Commission, Architectural Review Commission or Council, upon recommendation of th e
Cultural Heritage Committee, to have special characteristics, constraints or community valu e
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 .
52.Site :as used in this ordinance, the location of a significant event, a prehistoric or histori c
occupation or activity, or a building or structure, whether standing, ruined, or vanished, wher e
the location itself possesses historic, cultural, or archeological value regardless of the value o f
any existing structure .
53. Siting:the placement of structures and improvements on a property or site .
54. Stabilization :the act or process of applying measures designed to reestablish a weathe r
resistant enclosure and the structural stability of an unsafe or deteriorated property whil e
maintaining the essential form as it exists at present .
P112-256
Ordinance No . (2010 Series)
Attachment 7
GPI 72-09 Historic Preservation Ordinance
Page 1 1
2.Properties for inclusion on the City's List of Historic Resources - those properties, areas, 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 an d
Archaeological Site Inventories.
4.Actions subject to discretionary City review and approval that may affect significan t
archaeological, cultural or historic resources .
5.The application of architectural, historic, and cultural preservation standards and guidelines t o
projects and approvals involving historic sites, districts, and structures .
6.Consolidation of information about cultural resources and promotion, participation in, o r
sponsorship of educational and interpretive programs that foster public awareness an d
appreciation of cultural resources .
7.Quidanee-eftTe restoration, alteration, decoration, landscaping and maintenance related t o
development or demolition applications involving listed resources, and properties within histori c
preservation districts .
8.Incentive programs approved by the Council that are directed at preserving and maintainin g
cultural resources .
9 Information for property owners preparing local, state and federal historic nominations t o
utilize preservation incentives, including the Mills Act and federal tax incentives, such a s
rehabilitation tax credits .
?a C FE C cW f~--*function within the guidelines and policies of the Advisory Body Handbook and perform
4'0 1 030I other duties as assigned by Council .(/t,ou .a 5'(stt'4- , fe H ce i -,
a 3,€~~o -)
C . Actions Subject to Cultural Heritage Committee Review .
The Committee shall review and make recommendations to the Director, Architectural Revie w
Commission, Planning Commission or City Council on applications and development revie w
projects which include any of the following :
1.Changes to the Inventory of Historic Resources .
2.Changes to historic districts and applications to establish new historic districts .
('P-Y OG (/P~..Ser ~--s-5Lr4 ^e)
PH2-258
Ordinance No . (2010 Series)Attachment 7
GPI 72-09 Historic Preservation Ordinanc e
Page 1 2
3.Statements of historic significance and historic inventories for existing and proposed histori c
districts .
4.New construction,additions or alterations located in historic districts, or on historically liste d
properties, or sensitive archaeological sites .
6 .to the Committee by the Community Development Directo r
("Director"), Architectural Review Commission, Planning Commission, or Council .
ro Pos
of public agencies that may affect historic or cultural resources within the City .
or lack 0 f--aCh'03t
14.01 .040 Community Development Director Rol e
The CHC is assisted by staff of the Community Development Department . The Community
Development Director ("Director") is responsible for interpreting and implementing thi s
ordinance and helping the CHC carry out its duties . Notwithstanding Section 14 .01 .030C 1-5
and 7 of this ordinance, the Director may determine that CHC review is not required for action s
or projects that : 1) do not adversely affect historic resources, or 2) are consistent with thi s
ordinance, the Secretary of the Interior's Standards and the Historic Preservation Progra m
Guidelines and no public purpose would be served by requiring CHC review .
14 .01 .050 Historic Resource Designatio n
The following classifications shall be used to designate historic resources and properties . The
primary categories of historic significance are "Master List" and "Contributing" properties .
Contributing properties include those properties that by virtue of their age, design an d
appearance, contribute to and embody the historic character of the neighborhood or histori c
district in which they are located .
A.Master List Resources .The most unique and important resources and properties in terms o f
age, architectural or historical significance, rarity, or association with important persons or events
in the City's past, which meet one or more of the criteria outlined in Section 14 .01 .070 .
B.Contributing Resources or Properties .Buildings or other resources at least 50 years old that
maintain their original or attained historic and architectural character, and contribute, either b y
themselves or in conjunction with other structures, to the unique or historic character of a
neighborhood, district, or to the City as a whole. They need not be located in a historic district,
but should be visible to the public . In some cases, buildings or other resources that are less tha n
50 years old, but are nonetheless significant based on architecture, craftsmanship or other criteria
as described in Section 14 .01 .070 may be designated as a Contributing Resource .
5 . Applications to demolish or relocate listed historic resources or structures .
e.Pt-r~aa/i--
PH2-259
Ordinance No . (2010 Series)Attachment 7
GPI 72-09 Historic Preservation Ordinanc e
Page 18
(1)A map (8-1/2" x I1") from the official zoning map, with the area to be change d
shaded or outlined in a heavy, black line, with the proposed area to be changed clearl y
labeled, and
(2)Information showing how the application meets the criteria to establish or alter a
historic district designation.
(3)A Statement of historic significance . A statement of historic significance shall be
prepared by a qualified professional, as listed in the City's List of Qualified Historians . The
Director may waive the requirement that the statement be prepared by a qualified professional
if the applicant provides adequate information to enable informed review of the proposed
district .
C . Contents .Statements of Historic Significance shall include, but not be limited to th e
following ;
(1) A visual and written description of the district's boundaries .
(2) A description of the district's architectural, historic, and cultural resources, characte r
and significance, including a historic survey documenting the period of significance an d
how historic properties meet adopted local, state and where applicable, federal criteria for
historic listing.
(3) Preservation goals and concerns for the district including but not limited to ;
q Identification of preservation priorities, important features, goals and objectives ,
and
b.Identification of potential obstacles to preservation, an d
c.Identification of historic land use policies and goals for future land use, an d
d.Special considerations for development review of projects both involving and not
involving historic resources .
(4) Graphic and written design guidelines applicable to the district's preservation goals ,
historic character and features which shall include, but not be limited to :
(a)Guidelines for projects involving historic resources, focused on preserving th e
district's character and significant archeological, architectural, and historic features ;
and
(b)Guidelines for projects within the district but not involving historically designate d
properties, focused on maintaining street character and compatibility with th e
district's historic character while not lmimicking historic styles .
YIQCQJfa r,(y
P112-265
Ordinance No, (2010 Series)
Attachment 7
GPI 72-09 Historic Preservation Ordinanc e
Page 2 1
G. Historic acknowledgement .An acknowledgment of demolished resources shall be provide d
through historic signage and/or the reuse or display of historic materials and artifacts on site, a t
the owner's expense, to the Director's approval .
IL Code requirements .Demolitions shall follow standards and procedures in the Demolition
and Building Relocation Code and California Building Code as locally amended .
I.Expiration of demolition approval .Demolition approval of a listed historic resource shal l
expire two years after its date of approval, unless a building permit has been issued an d
construction has begun . A one year extension may be granted by the Director . Additional tim e
extensions shall require reapplication to, and approval by the CHC .
J.Economic Hardship.An economic hardship provision is established to ensure that denial o f
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 Cit y
Council that the action will cause an extreme hardship, the CHC may recommend approval, an d
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 shal l
review the information with the Director of Finance and make a joint recommendation to th e
CHC on the hardship request . The CHC shall consider and make a recommendation to th e
Council regarding the financial impacts of denial of the demolition permit . Private financial
information shall be maintained in confidence by the City . The CHC is authorized to request that
the applicant furnish information, documentation and expert testimony, the cost of which shall b e
paid by the applicant, to be considered by the Committee in its related findings . All additional
required information shall be provided by a qualified individual or firm approved by the Director .
In determining whether extreme hardship exists, the Committee and Council shall conside r
evidence that demonstrates :
(1)Denial of the application will diminish the value of the subject property so as to leav e
substantially no economic value, after considering other means of offsetting the costs of retainin g
the istroic esource, including, but not limited to, tax abatements, financial assistance, buildin g
code mo . i cations, changes in allowed uses, grants,; or
(2)Sale or rental of the property is impractical, when compared to the cost of holding suc h
property for uses permitted in the zoning district ; or
(3)Utilization of the property for lawful purposes is prohibited or impractical ;
14.01 .110 Relocation of Historic Resources .
Relocation has the potential to adversely affect the significance of a historic resource and i s
discouraged . Relocation applications shall be evaluated as follows :
P112-268
Ordinance No. (2010 Series)
Attachment 7
GPI 72-09 Historic Preservation Ordinance
Page 2 6
warranted. Additional time to correct the violation may be allowed where the property owner i s
exercising due diligence in acting to correct noticed violations . The Director shall have th e
authority to place reasonable conditions on such an extension . Notwithstanding these provisions ,
if the Director or the Chief Building Official determines there is an imminent threat to a liste d
historic or cultural resource, the Director shall notify the property owner of the imminent threa t
and property owner shall be required to provide urgent measures deemed reasonable an d
necessary to protect the public health and safety and for the protection of the resource within 7 2
hours of notification .
C.Work stoppage.In addition to any other fines, penalties or enforcement provisions set fort h
in this ordinance, failure to comply with an approved application shall constitute grounds fo r
immediate stoppage of the work involved in the noncompliance until the matter is resolved .
D.Violation - Penalty .Every property owner and/or responsible party, as defined in thi s
chapter who violates provisions of this chapter is subject to penalty as set forth in chapter 1 .12 or
administrative enforcement as set forth under chapter 1 .24 of the Municipal Code .
14 .01 .150 Appeals
Decisions of any city official or body under the provisions of this chapter are appealable i n
a rdance with the provisions of Ordinance 1 .20 of the Municipal Code ..ex ~f -f e S
a rPeals v nDte^r ms's pier iv y Gn ~.j et's-1 (----cooctrku '/l
14 .01 .160 Severability .`MAS,4er l eT
e -
u~N r6~i4
Pi'VQ,
+'~l.•i~in ch-S .cs d re r14 .lbtt reS 4nrf a f-~,nee
Should any section or other portion of this ordinance be determined unlawful or unenforceable by -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 .
Sw C
l0-e .SECTION 4 . A summary of this ordinance, together with the names of Council i ja i ve,i
members voting for and against, shall be published at least five (5) days prior to its final passage,
in the Telegram-Tribune, a newspaper published and circulated in this City . This ordinance shal l
go into effect at the expiration of thirty (30) days after its final passage .
INTRODUCED on the 9th day of November, 2010 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of , 2010, on the following rol l
call vote:
PH2—273