HomeMy WebLinkAbout1557ORDINANCE NO. 1557 (2010 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING NEW CHAPTER
14.01 TO TITLE 14 (RESERVED) OF THE MUNICIPAL CODE, TO INCORPORATE
HISTORIC PRESERVATION ORDINANCE PROVISIONS (GPI 72 -09)
WHEREAS, the public hearings were conducted by the Cultural Heritage Committee of
the City of San Luis Obispo on January 25th, February 22nd, March 8th, March 22 "d, April 26th,
May 11th, May 24th, June 281h 2010 and by the Architectural Review Commission on May 17th
2010; and
WHEREAS, the Cultural Heritage Committee took public testimony and modified text
of the proposed documents in response to that testimony prior to making a final recommendation
to City Council on June 28, 2010; and
WHEREAS, City staff hosted an informational workshop on August 26, 2010 to garner
additional public input and testimony and has made proposed edits to the documents in response;
and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
September 21, 2010, October 5, 2010 and November 9, 2010 for the purpose of considering
Application GPI 72 -09; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the exemption from
environmental review for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Cultural Heritage Committee, testimony of interested parties, and the
evaluation and recommendations by staff, presented at said hearing; and
WHEREAS, the City Council finds that the proposed text amendment is consistent with
and implements the General Plan, and other applicable City ordinances.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. Council concurs with the Director's
determination that the proposed Historic Preservation Program Guidelines update is
Categorically Exempt from environmental review (Section 15308, Actions by Regulatory
Agencies for Protection of the Environment). It consists of an action by a regulatory agency as
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authorized by state or local ordinance,. to assure the maintenance, restoration, enhancement, or
protection of the environment.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed Ordinance fulfills program 3.6.10 of the Conservation and Open Space
Element of the General Plan which indicates that the City will implement recommendations
of the Cultural Heritage Committee's "whitepaper" including adoption of a Historic
Preservation Ordinance.
2. The proposed Ordinance will allow the City to be eligible to become a Certified Local
Government — a state - implemented program that encourages local governments to include
consideration of historic resources in planning decisions and which can provide the City with
tools, technical training and access to grants to implement historic preservation activities.
3. The proposed ordinance will define actions subject to Cultural Heritage Committee
review, roles and process, post disaster response and enforcement ability. The proposed
ordinance updates historic resource eligibility criteria and brings the criteria into alignment
with the California Register Criteria.
4. The proposed ordinance is exempt from environmental review under Section 15308
because it consists of an action by a regulatory agency to assure the maintenance, restoration,
enhancement, or protection of the environment.
SECTION 3. Action. Chapter 14.01 of Title 14 (Reserved) of the San Luis Obispo
Municipal Code is hereby added to read as follows:
Title 14: Community Preservation
Chapter 14.01 HISTORIC PRESERVATION ORDINANCE
Sections:
14.01.010 Findings and purpose.
14.01.020 Definitions
14.01.030 Cultural Heritage Committee — Appointment, Duties, and Actions.
14.01.040 Community Director role.
14.01.050 Historic Resource Designation.
14.01.055 Historic Gardens, Features, Signs, and other cultural resources.
14.01.060 Listing Procedures for Historic Resources
14.01.070 Evaluation Criteria for Historic Resource Listing
14.01.080 Historic District Designation Purpose and Application
14.01.090 Process for establishing or amending a Historic District
14.01.100 Demolition of Historic Resources
14.01.110 Relocation of Historic Resources
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14.01.120 Unpermitted Demolition or Destruction of Historic Resources
14.01.130 Historic Preservation Fund
14.01.140 Enforcement
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 that 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,
and sense of place, and need protection from deterioration, damage, and inappropriate
alteration or demolition.
2. The City of San Luis Obispo has been fortunate to have owners who care about the
history of their community and have undertaken the costly and time - consuming task of
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 historic resources
and the establishment of clear local guidance for the identification and preservation of such
resources lends clarity and certainty to the review of development applications involving
historic resources. See Section 3.1.4 of the Historic Preservation Program Guidelines.
B. Purpose. The broad purpose of this ordinance is to promote the public health, safety and
welfare through the identification, protection, enhancement and preservation of those properties,
structures, sites, artifacts and other cultural resources that represent distinctive elements of San
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 Luis
Obispo's historic structures, sites and districts.
2. Foster the retention and restoration of historic buildings and other cultural
resources that promote tourism, economic vitality, sense of place, and diversity.
3. Encourage private stewardship of historic buildings and other cultural resources
through incentives where possible.
4. Implement the historic preservation goals and policies of the Conservation and
Open Space Element of the General Plan.
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5. Promote the conservation of valuable material and embodied energy in historic
structures through their continued use, restoration and repair, and on -going
maintenance of historic resources.
6. Promote the knowledge, understanding and appreciation of the City's distinctive
character, cultural resources, and history.
7. Establish the procedures and significance criteria to be applied when evaluating
development project effects on historic resources.
8. Fulfill the City's responsibilities as a Certified Local Government under State and Federal
regulations and for Federal Section 106 reviews.
9. Establish the policy of the City to pursue all reasonable alternatives to achieve
compliance with the Ordinance for the protection of historic resources prior to initiating
penalty proceedings as set forth in Section 14.01.140 of this Ordinance.
14.01.020 Definitions. For the purposes of this ordinance, certain terms, words and their
derivatives are used as follows:
1. Accessory Structure: a structure which is subordinate or incidental and directly related to a
permitted use or structure on the same parcel. "Accessory structures" that include habitable
space, as defined by the California Building Code, shall be no larger than 450 square feet. (Ord.
941- 1(part), 1982: prior code — 9204.11 (part)) "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 ").
2. Adjacent: located on property which abuts the subject property on at least one point of the
property line, on the same property, or located on property directly across right -of -way from
subject property and able to viewed concurrently.
3. Adverse Effects: effects, impacts or actions that are detrimental or potentially detrimental to a
historic resource's condition, architectural or historical integrity.
4. Alteration: change, repair, replacement, remodel, modification, or new construction to: (1)
the exterior of an historic resource or adjacent building, (2) the structural elements which
support the exterior walls, roof, or exterior elements of the historic resource or adjacent
building, (3) other construction on a lot, or (4) character defining features of the interior of a
historic resource if the structure's significance is wholly or partially based on interior features
and the resource is publicly - accessible. "Alteration" does not include ordinary landscape
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 exempt
from a building permit, or is consistent with the Secretary of the Interior Standards for
Treatment of Historic Properties.
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5. Archaeological Site: those areas where archaeological resources are present and may be larger
or smaller than the project site. An archaeological site may include prehistoric Native American
archaeological site, Historic archaeological sites; sites or natural landscapes associated with
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 PRC
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, ornamental
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 Community
Design Guidelines as adopted and amended from time to time.
12. Contributing List Resource or Property: a designation that may be applied to buildings or
other resources at least 50 years old that maintain their original or attained historic and
architectural character, and contribute either by 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 than 50 years old, but are nonetheless significant based on architecture, craftsmanship or
other criteria as described herein may be designated as a Contributing List resource.
13. Council: the Council of the City of San Luis Obispo.
14. Cultural Resource: any prehistoric or historic district, site, landscape, building, structure, or
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 act
that destroys, removes, or relocates, in whole or part a historical resource such that its historic or
architectural character and significance are materially altered.
16. Deterioration: the significant worsening of a structure's condition, architectural or historic
integrity, due to lack of maintenance, organisms, neglect, weathering and other natural forces.
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17. Director: the Director of the Community Development Department, or another person
authorized by the Director to act on his or her behalf.
18. Feasible: capable of being accomplished in a successful manner within a reasonable period
of time, taking into account cultural, economic, environmental, historic, legal, social and
technological factors. Structural feasibility means that a building or other structure can be
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- bearing
members and the thermal and moisture protection systems required for continued use of the
structure; and the physical capacity of the structure to withstand the repair and /or rehabilitation
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 by
which a specific occurrence, property, or site is understood and its meaning and significance
is made clear.
21. Historic District /Historical Preservation District: areas or neighborhoods with a collection
or concentration of listed or potentially contributing historic properties or archaeologically
significant sites, where historic properties help define the area or neighborhood's unique
architectural, cultural, and historic character or sense of place. Historic districts are delineated on
the official zoning map as Historic (H) overlay zone under San Luis Obispo Municipal Code
Chapter 17.54.
22. Historic Preservation Program Guidelines: the most recent version of the Historic
Preservation Program Guidelines, as adopted and amended from time to time.
23. Historic Preservation Report: a document which describes preservation, rehabilitation,
restoration, or reconstruction measures for a historic resource, based on the Secretary of the
Interior's Standards for Treatment of Historic Properties, and which includes standards and
guidelines for recommended treatments for preserving the resource.
24. Historic Property: a property, including land and buildings, which possesses aesthetic,
architectural, cultural, historic or scientific significance, and which is included in, or potentially
eligible for local, State or National historic designation.
25. Historic Resource: any building, site, improvement, area or object of aesthetic, architectural,
cultural; historic or scientific significance, and which is included in, or potentially eligible for
local, State or National historic designation.
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26. Historic Status: historic designation of a listed resource or property as approved by Council.
27. Improvement: any building, structure, fence, gate, landscaping, hardscaping, wall, work of
art, or other object constituting a physical feature of real property or any part of such feature.
28. Inappropriate Alteration: alterations to historic resources which are inconsistent with these
provisions and /or the Historic Preservation Program Guidelines.
29. Integrity, Architectural or Historical: the ability of a property, structure, site, building,
improvement or natural feature to convey its identity and authenticity, including but not limited
to its original location, period(s) of construction, setting, scale, design, materials, detailing,
workmanship, uses and association.
30. Inventory of Historic Resources: the list of historically designated resources and properties
consisting of Master List and Contributing Properties List of Historic Resources, and any
properties, objects, sites, gardens, sacred places and resources subsequently added to the
inventory as determined to meet criteria outlined herein and approved by the City Council.
31. Listed Resource: properties and resources included in the Inventory of Historic Resources.
32. Massing: the spatial relationships, arrangement and organization of a building's physical
bulk or volume.
33. Master List Resource: designation which may be applied to the most unique and important
historic properties and resources in terms of age, architectural or historical significance, rarity, or
association with important persons or events in the City's past meeting criteria outlined herein.
34. Minor Alteration. Any structural or exterior change to a historic resource which the
Director determines to be consistent with the Historic Preservation Program Guidelines,
Secretary of the Interior Standards for Treatment of Historic Properties and other applicable
standards.
35. Modern Contributing Resources: designation which may be applied to properties and
resources which are less than 50 years old, but which exemplify or include significant works of
architecture or craftsmanship or are associated with a person or event significant to the City's
history.
36. National Register of Historic Places: the official inventory of districts, sites, buildings,
structures, and objects significant in American history, architecture, engineering, archaeology and
culture which is maintained by the Secretary of the Interior under the authority of the Historic
Sites Act of 1935 and the National Historic Preservation Act of 1966.
37. 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 or City Council
based on visual and physical evidence.
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38. Non - Contributing Resource: designation which may be applied to properties and resources
in historic districts which are typically less than 50 years old and do not support the prevailing
historic character of the district or other listing criteria as outlined herein.
39. Preservation: the act or process of applying measures necessary to sustain a historic site,
building or other structure's historically significant existing form, integrity, and materials
through stabilization, repair and maintenance.
40. Property Owner: the person or entity (public or private) holding fee title interest or legal
custody and control of a property.
41. 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.
42. 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.
43. Reconstruction: the act or process of recreating the features, form and detailing of a non -
surviving building or portion of building, structure, object, landscape, or site for the purpose of
replicating its appearance at a specific period of time and in its historic location.
44. Rehabilitation: the act or process of making possible a compatible use for a property
through repair, alterations, and additions while preserving those portions or features which
convey its architectural, cultural, or historic values.
45. Relocation. removal of a resource from its original site and its re- establishment in essentially
the same form, appearance and architectural detailing at another location.
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 from
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 size
measure.
49. Secretary of the Interior's Standards: the Secretary of the Interior's Standards for the
Treatment of Historic Properties as published by the U.S. Department of the Interior and as
amended from time to time.
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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, 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.
52. Site: as used in this ordinance, the location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing, ruined, or vanished, where
the location itself possesses historic, cultural, or archeological value regardless of the value of
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 weather
resistant enclosure and the structural stability of an unsafe or deteriorated property while
maintaining the essential form as it exists at present.
55. Statement of Historic Significance: An explanation of why a resource is important within
its historic context. It explains how the resource meets the eligibility criteria and integrity
thresholds as established by local, state or federal government.
56. Structure: as used here, "structure" includes anything assembled or constructed on the
ground, or attached to anything with a foundation on the ground, including walls, fences,
buildings, signs, bridges, monuments, and similar features.
57. Survey: a systematic process for identifying and evaluating a community's historic resources
using established criteria. "Survey" may also refer to the documentation resulting from a survey
project.
58. Threatened Resource: properties or resources at risk of loss of architectural, cultural or
historic value due to physical alteration, relocation or demolition.
59. Zoning Code: Title 17 of the City's Municipal Code, as amended from time to time.
14.01.030 Cultural Heritage Committee (CHC).
A. Committee membership and terms.
The City shall have a Cultural Heritage Committee (the "CHU or "Committee "), consisting of
seven members who shall be appointed by the City Council ( "Council ") for terms of up to four
years, which shall commence immediately upon appointment by the Council consistent with
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Resolutions 6157 (1987 Series) and 6593 (1989 Series), and CHC Bylaws or as subsequently
amended. The CHC shall function within the guidelines and policies of the Advisory Body
Handbook and perform other duties as assigned by Council.
B. Duties.
The CHC shall make recommendations to decision - making bodies on the following:
1. Historic and Archaeological Resource Preservation Program guidelines that implement this
ordinance and provide guidance to persons planning development projects subject to Cultural
Heritage Committee review, and for City and property owner decisions regarding cultural
resources in San Luis Obispo. Once adopted by the City Council, a record copy of the guidelines
shall be maintained in the office of the City Clerk and in the Community Development
Department. Copies shall be available on the City's website and printed versions will be
available at cost.
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 and
Archaeological Site Inventories.
4. Actions subject to discretionary City review and approval that may affect significant
archaeological, cultural or historic resources.
5. The application of architectural, historic, and cultural preservation standards and guidelines to
projects and approvals involving historic sites, districts, and structures.
6. Consolidation of infonnation about cultural resources and promotion, participation in, or
sponsorship of educational and interpretive programs that foster public awareness and
appreciation of cultural resources.
7. Alterations related to development or demolition applications involving listed resources and
properties within historic preservation districts.
8. Incentive programs approved by the Council that are directed at preserving and maintaining
cultural resources.
9 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.
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C. Actions Subject to Cultural Heritage Committee Review.
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:
1. Changes to the Inventory of Historic Resources.
2. Changes to historic districts and applications to establish new historic districts.
3. Statements of historic significance and historic inventories for existing and proposed historic
districts.
4. New construction, additions or alterations located in historic districts, or on historically listed
properties, or sensitive archaeological sites.
5. Applications to demolish or relocate listed historic resources or structures.
6. Referrals to the Committee by the Community Development Director ( "Director "),
Architectural Review Commission, Planning Commission, or Council.
7. Proposed actions of public agencies that may affect historic or cultural resources within the
City.
14.01.040 Community Development Director Role
The CHC is assisted by staff of the Community Development Department. The Community
Development Director ( "Director ") is responsible for interpreting and implementing this
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 actions
or projects that: 1) do not adversely affect historic resources, or 2) are consistent with this
ordinance, the Secretary of the Interior's Standards and the Historic Preservation Program
Guidelines and no public purpose would be served by requiring CHC review.
14.01.050 Historic Resource Designation
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 and
appearance, contribute to and embody the historic character of the neighborhood or historic
district in which they are located.
A. Master List Resources. The most unique and important resources and properties in terms of
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.
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B. Contributing List 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 by 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 than 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.
C. Non - Contributing. Buildings, properties and other features in historic districts which are less
than 50 years old, have not retained their original architectural character, or which do not support
the prevailing historic character of the district.
14.01.055 Historic Gardens, Site Features, Signs, and Other Cultural Resources
A. Historic Site and landscape features. Historic gardens, site features and improvements,
accessory structures, signs, Native American Sacred Places, cultural landscapes and areas or
objects of archaeological, architectural, cultural or historic significance not part of a designated
property may be added to the Inventory of Historic Resources through CHC review and Council
approval as specified herein.
B. Cultural Resources on public property. Cultural and historic features on public property,
such as Bishop's Peak granite walls and curbing, sidewalk embossing, ornamental manhole
covers and hitching posts, may be added to the Inventory of Historic Resources through CHC
review and Council approval as specified herein.
C. Sign. A sign which contributes to the unique architectural or historic character of a
building, site or historic district may be designated as a historic sign. Signs that meet at least
one of the following criteria may be designated historic:
(1) The sign is exemplary of technology, craftsmanship or design of the period when it
was constructed, uses historic sign materials and means of illumination, and is not
significantly altered from its historic period. Historic sign materials shall include metal or
wood facings, or paint directly on the fagade of a building. Historic means of illumination
shall include incandescent light fixtures or neon tubing on the exterior of the sign. If the
sign has been altered, it must be restorable to its historic function and appearance.
(2) The sign is well integrated with the site and /or architecture of the building.
(3) A sign not meeting either criterion may be considered for inclusion in the inventory if
it demonstrates extraordinary aesthetic quality, creativity, or innovation.
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14.01.060 Listing Procedures for Historic Resources
A. Application for historic listing. The property owner may request that a resource to be added
to the Master or Contributing List of Historic resources by submitting a completed application to
the Community Development Department ( "Department "), accompanied by all available
information documenting the historic significance and architectural character of the resource.
The CHC, ARC, Planning Commission may also recommend, or City Council may directly
request, the addition of a resource to the Master or Contributing List of Historic Resources.
B. Review process. The CHC shall review all applications for historic listing, whether initiated
by the City or a property owner, to determine if a property proposed for listing meets eligibility
criteria for historic listing. The CHC will review the eligibility criteria for a proposed listing at a
noticed public hearing. The Director shall provide notification to the property owner and public,
as required by City standards. At the public hearing, or in no case more than 60 days from the
hearing date, the CHC shall forward a recommendation on the application to the City Council.
The City Council will take an action on the application to add or not add the resource to the
Master or Contributing List of Historic Resources. The decision of the City Council is final.
C. Removal from historic listing. It is the general intention of the City not to remove a property
from historic listing. Council may, however, rezone a property to remove Historic Overlay
Zoning, or remove the property from historic listing if the structure on the property no longer
meets eligibility criteria for listing, following the process for listing set forth herein.
14.01.070. Evaluation Criteria for Historic Resource Listing
When determining if a property should be designated as a listed Historic or Cultural Resource,
the CHC and City Council shall consider this ordinance and State Historic Preservation Office
( "SHPO ") standards. In order to be eligible for designation, the resource shall exhibit a high level
of historic integrity, be at least fifty (50) years old (less than 50 if it can be demonstrated that
enough time has passed to understand its historical importance) and satisfy at least one of the
following criteria:
A. Architectural Criteria: Embodies the distinctive characteristics of a type, period, region, or
method of construction, or represents the work of a master, or possesses high artistic values.
(1) Style: Describes the form of a building, such as size, structural shape and details
within that form (e.g. arrangement of windows and doors, ornamentation, etc.). Building
style will be evaluated as a measure of.
a. The relative purity of a traditional style;
b. Rarity of existence at any time in the locale; and /or current rarity although the
structure reflects a once popular style;
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c. Traditional, vernacular and /or eclectic influences that represent a particular social
milieu and period of the community; and /or the uniqueness of hybrid styles and how
these styles are put together.
(2) Design: Describes the architectural concept of a structure and the quality of artistic
merit and craftsmanship of the individual parts. Reflects how well a particular style or
combination of styles are expressed through compatibility and detailing of elements.
Also, suggests degree to which the designer (e.g., carpenter- builder) accurately
interpreted and conveyed the style(s). Building design will be evaluated as a measure of:
a. Notable attractiveness with aesthetic appeal because of its artistic merit, details and
craftsmanship (even if not necessarily unique);
b. An expression of interesting details and eclecticism among carpenter- builders,
although the craftsmanship and artistic quality may not be superior.
(3) Architect: Describes the professional (an individual or firm) directly responsible for
the building design and plans of the structure. The architect will be evaluated as a
reference to:
a. A notable architect (e.g., Wright, Morgan), including architects who made
significant contributions to the state or region, or an architect whose work influenced
development of the city, state or nation.
b. An architect who, in terms of craftsmanship, made significant contributions to San
Luis Obispo (e.g., Abrahams who, according to local sources, designed the house at
810 Osos - Frank Avila's father's home - built between 1927 — 30).
B. Historic Criteria
(1) History — Person: Associated with the lives of persons important to local, California,
or national history. Historic person will be evaluated as a measure of the degree to which
a person or group was:
a. Significant to the community as a public leader (e.g., mayor, congress member,
etc.) or for his or her fame and outstanding recognition - locally, regionally, or
nationally.
b. Significant to the community as a public servant or person who made early, unique,
or outstanding contributions to the community, important local affairs or institutions
(e.g., council members, educators, medical professionals, clergymen, railroad
officials).
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(2) History — Event: Associated with events that have made a significant contribution to
the broad patterns of local or regional history or the cultural heritage of California or the
United States. Historic event will be evaluated as a measure of-
(i) A landmark, famous, or first -of -its -kind event for the city - regardless of whether
the impact of the event spread beyond the city.
(ii) A relatively unique, important or interesting contribution to the city (e.g., the Ah
Louis Store as the center for Chinese - American cultural activities in early San Luis
Obispo history).
(3) History- Context: Associated with and also a prime illustration of predominant
patterns of political, social, economic, cultural, medical, educational, governmental,
military, industrial, or religious history. Historic context will be evaluated as a measure
of the degree to which it reflects:
a. Early, first, or major patterns of local history, regardless of whether the historic
effects go beyond the city level, that are intimately connected with the building (e.g.,
County Museum).
b. Secondary patterns of local history, but closely associated with the building (e.g.,
Park Hotel).
C. Integrity: Authenticity of an historical resource's physical identity evidenced by the
survival of characteristics that existed during the resource's period of significance. Integrity
will be evaluated by a measure of:
(1) Whether or not a structure occupies its original site and /or whether or not the
original foundation has been changed, if known.
(2) The degree to which the structure has maintained enough of its historic character
or appearance to be recognizable as an historic resource and to convey the reason(s)
for its significance.
(3) The degree to which the resource has retained its design, setting, materials,
workmanship, feeling and association.
14.01.080 Historic District Designation, Purpose and Application
A. Historic (H) District designation. All properties within historic districts shall be designated
by an "H" zoning. Properties zoned "H" shall be subject to the provisions and standards as
provided in Ordinance 17.54 (Zoning) of the Municipal Code.
B. Purposes of Historic Districts. The purposes of historic districts and H zone designation are
to:
Ordinance No. 1557 (201 u series)
Page 16
(1) Implement cultural resource preservation policies of the General Plan, the
preservation provisions of adopted area plans, the Historic Preservation and
Archaeological Resource Preservation Program Guidelines, and
(2) Identify and preserve definable, unified geographical entities that possess a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development;
(3) Implement historic preservation provisions of adopted area and neighborhood
improvement plans;
(4) Enhance and preserve the setting of historic resources so that surrounding land uses
and structures do not detract from the historic or architectural integrity of designated
historic resources and districts; and
(5) Promote the public understanding and appreciation of historic resources.
C. Eligibility for incentives. Properties zoned as Historic Preservation (H) shall be eligible for
preservation incentive and benefit programs as established herein, in the Guidelines and other
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, or
where historic properties help define an area or neighborhood's unique architectural and historic
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
boundaries shall be drawn to follow property lines or right -of -way lines, and as set forth in the
Zoning Regulations.
14.01.090 Process for Establishing or Amending Historic Districts:
A. Initiating or amending Historic Districts. Any person may initiate the process to establish
or alter the boundaries of a Historic Preservation District. The process can also be initiated by
the CHC, ARC, Planning Commission or City Council.
B. Application. An application to establish or alter the boundaries of a Historic Preservation
District shall be submitted to the Department. The application shall meet the requirements for
rezoning as described in the Zoning Regulations. The application and supporting information
and plans shall be submitted to the Department and shall include:
(1) A map (8-1/2" x 11 ") from the official zoning map, with the area to be changed
shaded or outlined in a heavy, black line, with the proposed area to be changed clearly
labeled, and
Ordinance No. 1557 (2010 series)
Page 17
(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 the
following:
(1) A visual and written description of the district's boundaries.
(2) A description of the district's architectural, historic, and cultural resources, character
and significance, including a historic survey documenting the period of significance and
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:
a) Identification of preservation priorities, important features, goals and objectives,
and
b) Identification of potential obstacles to preservation, and
c) Identification of historic land use policies and goals for future land use, and
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 the
district's character and significant archeological, architectural, and historic features;
and
b) Guidelines for projects within the district but not involving historically designated
properties, focused on maintaining street character and compatibility with the
district's historic character while not necessarily mimicking historic styles.
Ordinance No. 1557 (201U series)
Page 18
D. Review. The CHC shall review the application and make a recommendation to the Planning
Commission. The Planning Commission shall review the CHC recommendation and rezoning
application and make a recommendation to the City Council. The City Council shall review the
application and the recommendations of the CHC and Planning Commission, and approve or
disapprove the application. The CHC, Planning Commission and the City Council shall each
conduct a public hearing on the application and the notice of such hearings shall be completed as
provided in the City's Notification Procedures.
E. Review criteria. When considering a Historic Preservation District application, the
reviewing body shall consider the both of the following criteria:
(1) Environmental Design Continuity: The inter - relationship of structures and their
relationship to a common environment; The continuity, spatial relationship, and visual
character of a street, neighborhood, or area. Environmental design continuity is
comprised of:
a) Symbolic importance to the community of a key structure in the area _and the
degree to which it serves as a conspicuous and pivotal landmark (e.g., easily
accessible to the public, helps to establish a sense of time and place); or
b) Compatibility of structures with neighboring structures in their setting on the basis of
period, style (form, height, roof lines), design elements, landscapes, and natural features;
and how these combine together to create an integral cultural, historic, or stylistic setting;
or
c) Similarity to and /or compatibility of structures over 50 years of age which,
collectively, combine to form a geographically definable area with its own distinctive
character.
(2) Whether the proposed district contains structures which meet criteria for inclusion on
the City's List of Historic Resources.
14.01.100 Demolition of Historic Resources
A. Intent. Listed historic resources are an irreplaceable community resource that merit
special protection to preserve them for future generations, and shall not be demolished unless
the 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 is
consistent with the Secretary of the Interior's Standards for the Treatment of Historic
Properties and with the Historic Preservation Program Guidelines.
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.
Ordinance No. 1557 (201 u 6eries)
Page 19
C. Demolition thresholds. Demolition permits for structures which are included on the
Inventory of Historic resources shall be required for:
(1) Alterations to or removal of greater than 25% of the original building framework, roof
structure, and exterior walls; and
(2) Relocation of such resources to a site outside the city limits.
D. Required findings for demolition of a historic resource. The decision - making body shall
approve an application for demolition of a structure listed in the Inventory of Historic Resources
only if it determines that the proposed demolition is consistent with the General Plan and:
(1) The historic resource is a hazard to public health or safety, and repair or stabilization is not
structurally feasible. Deterioration resulting from the property owner's neglect or failure to
maintain the property should not be a justification for demolition. The applicant may be required
to provide structural reports, to the approval of the Community Development Director or City
Council, to document that repairs or stabilization are not feasible; or
(2) Denial of the application will constitute an economic hardship as described under findings 1-
3 of Section J.
E. Demolition timing. City regulations provide for a 90 -day waiting period before demolition
of a listed historic resource to allow consideration of alternatives to preserve the building through
relocation and /or property trades. The Chief Building Official shall not issue a permit for
demolishing a historic resource, except where the Chief Building Official determines a listed
historic resource may pose an imminent demonstrable threat to human life and safety, until:
(1) public notice requirements in the City's Demolition and Building Relocation Code have been
met; and
(2) a construction permit is issued for a replacement building; and
(3) all permit fees for the new development are paid. Where no new development is proposed,
the property owner shall provide to the Director's satisfaction, financial guarantees to ensure
demolition plans and conditions of approval are implemented.
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. The
documentation shall be retained in a secure, but publicly accessible, location.
G. Historic acknowledgement. An acknowledgment of demolished resources shall be provided
through historic signage and /or the reuse or display of historic materials and artifacts on site, at
the owner's expense, to the Director's approval.
Ordinance No. 1557 (2010 series)
Page 20
H. 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 shall
expire two years after its date of approval, unless a building permit has been issued and
construction has begun. A one year extension may be granted by the Director. Additional time
extensions shall require reapplication to, and approval by the CHC.
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. Private financial
information shall be maintained in confidence by the City. The CHC is authorized to request that
the applicant furnish information, documentation and /or expert testimony, the cost of which shall
be 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 consider
evidence that demonstrates:
(1) Denial of the application will diminish the value of the subject property so as to leave
substantially no economic value, after considering other means of offsetting the costs of retaining
the historic resource, including, but not limited to, tax abatements, financial assistance, building
code modifications, changes in allowed uses, grants; or
(2) 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
(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 is
discouraged. Relocation applications shall be evaluated as follows:
A. Review. The CHC and ARCH shall review applications to relocate structures listed on the
Inventory of Historic Resources.
B. 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 and shall be permitted only when relocation is
Ordinance No. 1557 (2010 :series)
Page 21
consistent with goals and policies of the General Plan, any applicable area or specific plans,
and the Historic Preservation Program Guidelines, and:
(1) The relocation will not significantly change, destroy, or adversely affect the
historic, architectural or aesthetic value of the resource; and
(2) Relocation will not have a significant adverse effect on the character of the
historic district or neighborhood, or surrounding properties where the resource is
located or at its proposed location; and
(3) The original site and the proposed receiving site are controlled through ownership
long term lease or similar assurance by the person(s) proposing relocation, to the
Director's approval; and
(4) The proposed receiving site is relevant to the resource's historic significance; or
(5) The relocation is necessary to correct an unsafe or dangerous condition on the site
and no other measures for correcting the condition are feasible; or
(6) The proposed relocation meets the findings required under Section 14.01.100 J
for demolition of a historic resource.
C. Relocation timing. The historic resource shall not be relocated unless the Chief Building
Official issues a permit for relocation and all permit or impact fees for new development are
paid; or where no new development is proposed, an appropriate security is posted to guarantee
that relocation plans are implemented, to the Director's approval.
D. 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.
E. Relocation plan and procedures. Relocations shall follow a plan approved by the CHC or
the Director, standards and procedures in the Demolition and Building Relocation Code, the
California Building Code, and the following:
(1) Application for relocation shall be made on forms provided by the Department and
shall include information to respond to the criteria in subsection B of this Section.
(2) The CHC shall hold a noticed public hearing and recommend action to the ARC or
City Council on the application for relocation of a historic resource, and the ARC or
Council shall consider the CHC's recommendation in making the final determination
to approve or deny the permit.
Ordinance No. 1557 (201 u series)
Page 22
(3) The ARC or the City Council will not grant an approval for the relocation of a listed
historic resource unless the criteria for relocation under subsection B of this Section
can be met.
14.01.120 Unpermitted Demolition or Destruction of Resources
A. Preservation of listed historic resources. The purpose of this Section is to prevent
unpermitted active demolition or demolition by neglect by ensuring that listed historic resources
are maintained in good repair, and free from structural defects and safety hazards, consistent with
the International Property Maintenance Code, Property Maintenance Standards (SLO MC Ch.
17.17), and standards as specified herein. Alteration or demolition in whole or part, of any
significant features or characteristics of a listed historic property or resource requires City
authorization, pursuant to Section 14.01.100.
B. Enhanced Penalties for Unpermitted Demolition. In addition to penalties otherwise
provided for violations of the San Luis Obispo Municipal Code and this Chapter, the City
Council, following notice and a public hearing, may impose the following enhanced penalties for
unpermitted demolition of a listed resource, as defined herein, where a property owner has
willfully demolished, or directed, or allowed the demolition of a listed resource, or where the
property owner has failed to comply with notices to correct violations of this Code, such that the
continuance of such violations may result in the unpermitted demolition of the listed historic
resource (either active or by neglect):
(1) Restoration: The owner may be required to restore the property or structure to its
appearance prior to the violation to the satisfaction of the Director.
(2) Building permit restriction. City may prohibit the owner(s), successors, or assigns
from obtaining a building permit for development of the subject property for a period of
up to five (5) years from the date of violation, unless such permit(s) is for the purpose of
complying with provisions of this ordinance. In cases where this penalty is imposed, the
City shall:
a) Initiate proceedings to place a deed restriction on the property to ensure
enforcement of this restriction.
b) Require the property owner to maintain the property during the period of
development restriction in conformance with standards set forth in this ordinance.
c) Initiate action to remove any such deed restriction within ten (10) days of
correction or compliance. Subsequent development applications shall be subject
to CEQA review and conditions of development shall address the demolition of
the historic resource.
(3) Loss of preservation benefits. Any historic preservation benefits previously
granted to the affected property may be subject to revocation.
Ordinance No. 1557 (2 010 seri es)
Page 23
(4) Other remedies. These enhanced penalties are non - exclusive, in addition to and not
in lieu of, penalties otherwise provided for violations of the San Luis Obispo Municipal
Code and this Chapter, including, but not limited to, administrative citations, criminal
prosecution, civil fines, and public nuisance proceedings.
14.01.130 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 and
cultural resources in the City of San Luis Obispo. The Council shall provide the policy
direction for funding and expenditures from the Fund.
A. Program Administration. The Director shall administer the Fund, following
specific procedures and funding priorities adopted by the Council.
B. Purpose. The purpose of the Fund is to provide funds for historic preservation
projects within the City. All funds deposited in the Fund shall be used for the
conservation, preservation, restoration and rehabilitation of historic or cultural
resources, as provided in this section and as directed by the Council
1. Financial Administration. Financial administration of the Fund shall be by the
City Finance Director or designee, in accordance with State and local law.
Any interest earned on the fund shall accrue to the funds, unless Council
specifically designates such funds for another purpose.
2. Grants, Gifts and Donations. The Finance Director shall deposit into the fund
any grants, gifts, donations, rents, royalties, or other financial support
earmarked by Council for historic or cultural resource preservation.
C. Cultural Heritage Committee Role. The Committee shall advise the Council on
the 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 Fund
purposes and the intent of this ordinance.
D. Uses of Fund. The Fund may be used for: 1) the identification and protection of
cultural resources, including preparation of historic surveys and design guidelines, 2)
for the repair, restoration, rehabilitation, preservation and maintenance of historical
buildings, features, or archaeological sites, 3) for public education on cultural
resources, 4) for real property acquisition if there is a willing property owner,
Ordinance No. 1557 (2010 series)
Page 24
including lease, purchase, sale, exchange or other forms of real property transfer or
acquisition to protect significant historic resources, or 5) any other historic
preservation related purpose approved by the Council. Council decisions on the use
of funds are final.
E. Loans and Grants. The Fund may be used, upon Council approval and
recommendation by the Committee, for loans and grants to public agencies,
nonprofit organizations and private entities to carry out the purposes of this
ordinance.
F. Preservation Agreements. Loans, grants or other financial assistance shall require
execution of an agreement between the City and the recipient to ensure that such
award or assistance carries out the purposes of this ordinance and is consistent with
applicable State and local standards.
G. Funding Eligibility: The Fund shall be used to benefit properties on the Master or
Contributing Properties List, or for other properties or uses deemed eligible by the
Council upon recommendation by the Committee.
14.01.140 Enforcement.
A. The Director, Chief Building Official and City Attorney and their designees are hereby
authorized to enforce the provisions of this ordinance.
B. Time to correct. Prior to assessment of any penalty or initiation of any prosecution for any
violation of this Chapter, the Director shall provide written notice of non - compliance to property
owners. Notice shall be by certified and regular mail. Following mailing of notice, property
owner shall have 60 days to correct the violation or to inform the City why an extension is
warranted. Additional time to correct the violation may be allowed where the property owner is
exercising due diligence in acting to correct noticed violations. The Director shall have the
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 listed
historic or cultural resource, the Director shall notify the property owner of the imminent threat
and property owner shall be required to provide urgent measures deemed reasonable and
necessary to protect the public health and safety and for the protection of the resource within 72
hours of notification.
C. Work stoppage. In addition to any other fines, penalties or enforcement provisions set forth
in this ordinance, failure to comply with an approved application shall constitute grounds for
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 this
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.
Ordinance No. 1557 (2010 series)
Page 25
14.01.150 Appeals
Decisions of any city official or body under the provisions of this chapter are appealable in
accordance with the provisions of Ordinance 1.20 of the Municipal Code, except that fees for
appeals under this Chapter by the property owner concerning the Master or Contributing list
property in which said owner is residing at the time of appeal, shall be waived.
14.01.160 Severability.
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 shall
be considered severable and shall remain in full force and effect.
SECTION 4. A summary of this ordinance, together with the names of Council
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 shall
go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 9`h day of November, 2010 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7th day of December 2010, on the following vote:
AYES: Council Members Carter and Smith, Vice Mayor Ashbaugh and Mayor
Marx
NOES: None
ABSENT: None
ATTEST: /
G
Elaina Cano
City Clerk
APPROVED AS TO-4ZORM:
istine Dietrick
City Attorney
9110� f
(M9q, an Marx
1 hereby certify that this document is a true
and &&curate original of Ordinance No. _LZIL 7,
and,:lhat the ordinance was published pursUbM
to 6Wter Section 602.
/
City Clerk