Loading...
HomeMy WebLinkAboutRES 1993 279 0621RESOLUTION NO. PC -93 -279 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ATTACHED HISTORIC PRESERVATION ORDINANCE, TO BE CODIFIED AS TITLE 14, CHAPTER 14.04 OF THE MOORPARK MUNICIPAL CODE WHEREAS, the City of Moorpark Planning Commission wishes to promote the economic and general welfare of the City of Moorpark by preserving and protecting historic resources, whether publicly or privately owned; and WHEREAS, the City of Moorpark Planning Commission fully supports the action of establishing the Planning Commission as the Historical Preservation Commission; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission recommends that the City Council amend the Moorpark Municipal Code by adding Title 14 entitled Historic Preservation and Chapter 14.04 relative to Historic Preservation. The action with the foregoing direction was approved by the following roll call vote: AYES: Torres, Brodsky, May, Miller, Wesner; NOES: None. ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 21st DAY OF June . 1993. ATTEST: I `/ Celia La Fleur, Secretary Chairman: ze ichael H. esti r, Jr. STATE OF CALIFORNIA ) ) SS COUNTY OF VENTURA ) I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted on June 21 . 1993 by the following vote: Ayes: Wesner, Torres, Brodsky, Miller and May Noes: ATTEST: Celia LaFleur, Secretary ATTACHMENT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPAIM CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING TITLE 14 F.NTITI.ED HISTORIC PRESERVATION AND CHAPTER 14.04 RELATIVE TO HISTORIC PRESERVATION WHEREAS, the City of Moorpark wishes to promote the economic and general welfare of the City of Moorpark by preserving and protecting historic resources, whether publicly or privately owned; and WHEREAS, the City Council of the City of Moorpark believes that designating historic resources for preservation is desirable; and WHEREAS, the City Council believes that the Planning Commission should act as the Historical Preservation Commission; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Moorpark Municipal Code is amended by adding Title 14 entitled Historic Preservation to read as follows: SECTION 2. THE MOORPARK MUNICIPAL CODE IS AMENDED BY ADDING CHAPTER 14.04 TO READ AS FOLLOWS: Foam 1; . HISTORIC PRESERVATION The purpose of this Chapter is to provide for the identification, protection, enhancement, perpetuation and use of historic buildings and structures within the City that reflect special elements of the City's historical heritage in order to promote the general welfare by: A. Encouraging public knowledge, understanding, and appreciation of the City's past; B. Fostering civic pride in the beauty and personality of the City and in the accomplishments of the City's past; C. Safeguarding the heritage of the City by protecting buildings and structures which reflect the City's history; D. Protecting and enhancing property values within the City and increasing economic and financial benefits to the City and its inhabitants; E. Identifying as early as possible and resolving conflicts between the preservation of historical features and alternative land use; F. Conserving building material resources through maintenance and restoration of existing historical buildings and structures; G. Taking whatever steps are reasonable and necessary to safeguard the property rights of the owners whose building or structure is declared to be an historic resource; H. Promoting the use of landmarks and the education and enjoyment of the people of the City; and I. Promoting awareness of the economic benefits of historic preservation. Section 14.04.020 Definitions A. "Alteration" means any change to, or modification of, the exterior of a landmark or of an interior space designated as a landmark. Alternation shall not include ordinary repair and maintenance. B. "Adaptive re -use" means converting a building or a structure to a use other than that for which it was designed. C. "Certificate of Appropriateness" is the permit granted after review by the Moorpark Historical Society Preservation Advisory Board and by the Historical Preservation Commission of an application to alter, demolish, move, or subdivide an historic resource, or for new construction on the site of an historic resource. D. "Construction" means the act of making exterior modifications or additions to a landmark or erecting a new principal or accessory building or structure adjacent to a landmark. E. "Demolition" means destroying in whole or in part, a landmark. F. "Director" means the Director of the Department of Community Development. G. "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvements. H. "Historic resource" means a building or structure of historical significance to the citizens of the City and which may be recommended for designation as a landmark pursuant to this Chapter. I. "Landmark" means a building, site, place, tree, or structure of significant, historical importance which has received the designation of landmark by resolution of the City Council and whose demolition or destruction would constitute an irreplaceable loss to the quality and character of the City. J. "Ordinary repair and maintenance" means any work which prevents or corrects the deterioration or decay of, or damage to, a building or structure, or any part thereof, and restores the same, as nearly as may be practicable, to its condition prior to such as, deterioration, decay or damage, using the same materials as, or those materials available which are as close as possible to, the original materials. K. "Preservation Officer" means the Director of Community Development who serves as staff to the Historical Preservation Commission and coordinates the City of Moorpark's preservation programs. L. "Reconstruction" means the act of reassembling, reproducing, or replacing, by new construction, the form, detail and appearance of a landmark as it appeared at a particular period of time by means of the removal of later work, the replacement of missing earlier work, or the reuse of original materials. M. "Rehabilitation" means the act of returning a landmark to a state of utility through repair, remodeling or alteration that makes possible an efficient contemporary use while preserving those portions or feature of the building or structure that are significant to its historical value. N. "Relocation" means any change of the location of a landmark in its present setting or to another setting. O. "Restoration" means the act of accurately recovering the form and details of a landmark as it appeared at a particular period of time by means of the le- removal of later work or the replacement of missing or earlier work. P. "Urban Conservation District" is a residential or commercial neighborhood, a majority of whose buildings are 50 years old or older, which the City wishes to maintain and revitalize although it contains a significant proportion of non - historic properties. Q. "Work" means any exterior alteration, construction, reconstruction, rehabilitation, relocation, restoration or demolition. R. "Work permit" means a permit issued pursuant to this Chapter, allowing work to be carried out on a landmark. Section 14.04. 030 Establishment of a Historical Preservaticin Commission The members of the Planning Commission shall act as the Historical Preservation Commission. The Commission shall meet as often as required to act upon applications upon receipt of the recommendations from the Moorpark Historical Society Advisory Board. However, the Historical Preservation Commission may act in absence of a recommendation from the Moorpark Historical Society Advisory Board. The staff of the Department of Community Development shall serve as staff to the Commission. Section 14.04.035 Role of the Moorpark Historical Society Advisory Board Upon finding of application completeness by the Department of Community Development, staff shall forward nine (9) copies, by regular mail, of the application and supporting materials to the President of the Moorpark Historical Society Advisory Board. The President shall present the application and accompanying information requesting Historic Designation to the Board within twenty (20) days from the date the information is mailed by City staff. Within ten (10) days of the Board meeting, the Board shall forward to the Department of Community Development their written recommendations regarding the application for Historic Designation. In view of the prescribed time limits, designed to present the application to the Commission within forty-five (45) days of application completeness, it is imperative that the Board comply with these aforementioned deadlines. If however, the Board is late in its response to the Community Development staff, staff will have no choice but to present the application to the Historical Preservation Commission without the Board's written comments. Notwithstanding the Board may elect to provide their comments directly to the Historical Preservation Commission at the Commission's meeting. Section 14.04.040 Powers and Duties of the Commission The Commission shall have the following powers and duties: A. To oversee a survey of the City to be performed by the Moorpark Historical Society Advisory Board. This survey will evaluate historic resources and designate landmarks in accordance with the criteria set forth in subsection B of section 14.04.060; B. To maintain a local register of landmarks; C. If the landmark or point of interest is defaced, demolished, added to, altered or moved, and the Historical Preservation Commission determines that the landmark or point of interest no longer exists, the Historical Preservation Commission may recommend to the City Council that the property lose its designation as a landmark or point of interest. D. To review and comment upon the conduct of land use, housing, redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency of the City, the County, or the State as they relate to historic resources in the City; E. If the decision is made that the historical significance of any declared landmark or point of interest justifies the expenditure of public funds, acquisition proceedings amy be initiated. If the City Council finds a landmark or point of interest to be of historical significance and public funds are not available, private funds may be used for acquisition or other arrangements may be made that are satisfactory to the property owner. F. To investigate and report to the City Council on the use of various federal, state, local, county, and private funding sources and mechanisms available to promote historic resource preservation in the City; G. To review applications for work affecting proposed or designated landmarks and approve or deny permits for such work pursuant to Section 14.04.070; H. To cooperate with local, county, state and federal governments and private organizations in the pursuit of the objectives of historic preservation, I. To keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, and decisions; J. To participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historic preservation; K. To make reasonable arrangements to preserve landmarks, including establishment of a private or public preservation fund or contractual agreements with property owners for the maintenance and preservation of facade easements or public access; L. To ensure that the designation of a building or structure as a landmark shall not infringe upon the rights of private owners to make any and all reasonable uses of such landmark which are not inconsistent with the purposes of this Chapter; and M. To meet at least annually to review the status of landmarks and prepare an annual report for the City Council. Section 14.04.050 public Hearings A. Notice Whenever a public hearing is required by this Chapter, the owners of the property abutting the subject property shall be given thirty (30) days written notice, by registered mail, of the public hearing. Notice shall also be advertised once, not less than ten (10) days or more than twenty (20) days prior to the hearing, in a newspaper of general circulation. The notice shall state the time, date and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected and the street address, if any, of the subject property. B. Failure to Receive Notice The failure of any person to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the action for which the notice was given. C. Continued Hearing Any public hearing conducted pursuant to this chapter may be continued from time to time. Landmark Designation A. Procedures 1. An application to designate a building or structure as a landmark shall be made on forms prescribed by the Department of Community Development by the property owner or with the written consent of the property owner. The application shall be filed with the Department of Community Development. Review by the Moorpark Historical Society Advisory Board shall be conducted pursuant to Section 14.04.035 of this Ordinance. The Commission may initiate an application on its own motion. 2. The Commission shall hold a public hearing on the application within forty- five (45) days after the application was accepted as complete. Within ten (10) days after the hearing, the Commission shall provide a written recommendation to the City Council, based upon written findings of fact, as to whether the building or structure should be designated as a landmark. A recommendation to designate the building or structure as a landmark may include a determination of whether to mark it with a uniform and distinctive marker and shall include the identification of exterior architectural features. 3. within thirty (30) days after receiving the findings and recommendation of the Commission, the City Council shall hold a public hearing and shall approve, modify or deny the recommendation based upon written findings of facts. 4. The City Council shall designate each landmark by a resolution which contains a statement as to why the building or structure is being designated as a landmark and whether it is to be marked with a uniform and distinctive marker. Any such resolution shall include a legal description of the subject property, a description of exterior architectural features, including a photo, and the name of the property owner and shall be duly recorded by the City Clerk in the County Recorder's office. B. Criteria A building, site, place, tree, or structure may be designated as a landmark if it is found that the landmark meets one or more of the following criteria: 1. It is associated with persons or events significant in local, state or national history; or 2. It reflects or exemplifies a particular period of national, state, or local history; or 3. It embodies the distinctive characteristics of a type, style or period of architecture or of a method of construction. 4. It is strongly identified with a person or persons who significantly contributed to the culture, history, or development of the City of Moorpark. S. It is one of the few remaining examples in the City of Moorpark possessing distinguishing characteristics of an architectural type of specimen. 6. It is a notable work of an architect or master builder whose individual work has significantly influenced the development of the City of Moorpark. 7. It embodies elements of architectural design, detail, materials, or craftsmanship that represents a significant architectural innovation. 8. It has a unique location or singular physical characteristics representing an established and familiar visual feature of a neighborhood, community, or the City of Moorpark. 9. It has unique design or detailing. 10. It is a particularly good example of a period of style. 11. It contributes to the historical or scenic heritage or historical or scenic properties of the City of Moorpark (to include, but not limited to landscaping, light standards, trees, curbing, and signs). 12. It is located within an historic and/or scenic or urban conservation district, being a geographically definable area possessing a concentration of historic or scenic properties which contribute to each other and are unified aesthetically by plan or physical development. C. Temporary Stay on Building Permits Pending Designation No permit shall be issued pursuant to Title 15 of this Code with regard to any proposed landmark for which an application is on file with the Department of Community Development until the City Council has made a final decision on the application. D. Removal of Designation A landmark designation may be removed from a building or structure pursuant to the procedure set forth in subsection A of this section. E. Designation of Urban Conservation District Designation of nominated resources and designation of districts shall take place in accordance with the procedures in this section. A. No nominated resource shall be altered, moved, demolished, subdivided, or otherwise permanently changed until eligibility for designation has been determined or the designation process has been initiated in accordance with this Chapter and a Certificate of Appropriateness, if applicable, has been secured. B. Any person or group may request the designation of a nominated resource, or ten percent (10 %) of the property owners in a potential district may request the designation of an historic and/or scenic or urban conservation district by submitting an application for such designation to the Commission on forms prescribed by the Department of Community Development. The Commission or City Council may also initiate such proceedings on their own motion. 2. The Commission shall use the Survey process to prepare a written report regarding the proposed designation including a description of the proposed designated resource, reasons for its significance, criteria used to determine eligibility, and other appropriate data. 3. Public notification procedures shall be as outlined in Section 14.04.050 of this Chapter. 4. The procedures for designation of an Urban Conservation District shall be as outlined within Section 14.04.060 of this Chapter. In addition to the criteria within Section 14.04.060, Urban Conservation District's must meet the criteria seen in the Definition of this Chapter, Section 14.04.020. Section 14.04.070 Permits for Work Affecting Landmarks A. Permits Required It shall be unlawful for any person to perform work or ordinary repair and maintenance to the exterior of any landmark without first obtaining a work permit in the manner provided for in this section. B. Permit Procedures 1. Application a. The application for a permit shall be made on forms prescribed by the Department of Community Development. b. The applicant shall submit together with the application for work all plans, materials and documents that are reasonably necessary for proper review of the proposed work. C. The applicant shall submit together with the application for ordinary repair and maintenance a clear photograph of the landmark, a brief description of the intended repair or maintenance and samples of replacement materials and paint for comparison with the existing materials and paints. 2. The Director shall approved, conditionally approve or deny the application for ordinary repair or maintenance within ten (10) days after the application was accepted as complete. The decision shall be in writing and shall be based upon written findings of fact. The decision shall be final unless appealed in accordance with subsection F of this section. 3. The Commission shall hold a public hearing on the application for work and shall approve, conditionally approve or deny the application within thirty (30) days after the application was accepted as complete, except that if the work is demolition then within seventy-five (75) days after the expiration of the negotiation period set forth in subsection D of this section. The decision shall be in writing and shall be based upon written findings of fact. The decision shall be final unless appealed in accordance with subsection G of the section. C. Criteria 1. Repair or Maintenance A permit for repair and maintenance shall be approved, with or without conditions, if it is found that the proposed repair or maintenance will not involve a change in design, material or external appearance of the landmark. 2. Work Other Than Relocation or Demolition A permit for alteration, construction, reconstruction, rehabilitation or restoration shall be approved, with or without conditions, if it found that: a. The proposed work will not destroy, detrimentally alter or adversely affect any exterior architectural feature that is described in the resolution of the City Council designating the landmark; and b. if the proposed work is constructed of a new improvement to, or upon the site of, a landmark, the exterior of the improvement will not have an adverse affect on, and will be compatible with, any exterior architectural feature that is described in the resolution of the City Council designating the landmark. 3. Relocation A permit for relocation shall be approved, with or without conditions, if it is found that: a. The landmark can be moved without significant damage to its physical integrity, and b. The relocation is not inconsistent with the criteria upon which the building or structure was designated as a landmark, as described in the resolution of the City Council designating the landmark. 4. Demolition Demolition of a landmark constitutes an irreplaceable loss to the quality and character of the City. Therefore, no pen-nit for demolition shall be approved, with or without conditions, unless it is found that: a. Disapproval of the permit would deprive the property owner of substantially all beneficial use of the landmark site; or b. There are unusual circumstances that compel the need for demolition of the landmark; or C. The merits of the proposed replacement project outweigh the historic value of the landmark. D. Negotiations Prior to Decision on Application for Demolition 1. The negotiation period shall be six (6) months commencing on the date that the application is accepted as complete, or such longer time period as is mutually agreed upon by the applicant and the Director of Community Development. 2. During the negotiation period, the Director of Community Development shall explore with the applicant, other City officials and local preservation organizations alterative to demolition. 3. The application for a permit for demolition shall be deemed withdrawn by the applicant, if during the negotiation period, any one of the following occurs: a. The property owner enters into a binding contract for the sale of the landmark; or b. A permit for relocation of the landmark is approved or conditionally approved in accordance with this section; or C. The City determines to condemn the property and take it by the power of eminent domain. E. Showing of Hardship 1. Notwithstanding the criteria set forth in subsection C of this section, a permit for ordinary repair and maintenance or for work shall be approved, with or without conditions, if it is found that denial of the permit would cause the applicant unreasonable hardship. 2. The applicant shall bear the burden of claiming and establishing unreasonable hardship. The person or body that is considering the claim of unreasonable hardship may require that the applicant, or appellant upon appeal, furnish information relevant to the claim in addition to the information that is required by subsection B.1 of this section. 3. Information that may be considered in determining whether unreasonable hardship exists includes, but is not limited to, the following: a. Bona fide efforts to rent or sell the landmark prior to the time that the application for the permit was filed were unsuccessful; b. Without the ordinary repair and maintenance or work for which the permit is sought the landmark or the landmark site cannot be rented or sold at a reasonable rate of return; C. Because of personal, economic or technical circumstances, ordinary repair and maintenance or work cannot be performed in a manner that satisfies the criteria set forth in subsection C of this section; or d. The regulations and standards set forth in the City's Zoning Ordinance or Building Codes preclude ordinary repair and maintenance or work in a manner that satisfies the criteria set forth in subsection C of this section. F. Appeal of Director's Decision 1. The applicant for a permit for ordinary repair and maintenance may appeal the decision of the Director to the Commission by filing a notice of appeal with the Department of Community Development within ten (10) days after the Director rendered the decision. The notice of appeal shall state the grounds for the appeal. 2. The Commission shall hold a public hearing on the appeal and shall approve, conditionally approve or deny the permit within fifteen (15) days after the notice or appeal was filed, an additional fifteen (15) day period may be granted if mutually agreed upon by the applicant and the Historical Preservation Commission. The decision shall be in writing and shall be based upon written findings of fact. The decision shall be final unless appealed in accordance with subsection G of this section. G. Appeal of Commission's Decision 1. The applicant for a permit for work or the appellant for a permit for ordinary repair and maintenance may appeal the decision of the Commission to the City Council by filling a notice of appeal with the City Clerk within ten (10) days after the Commission rendered the decision. The notice of appeal shall state the grounds for the appeal. 2. The City Council shall hold a public hearing on the appeal and shall approve, conditionally approve or deny the permit within forty-five (45) days after the notice of appeal was filed, except that if the permit is for ordinary repair and maintenance then within thirty (30) days after the notice of appeal was filed; an additional fifteen (15) day period may be granted if mutually agreed upon by the applicant and the Historical Preservation Commission. The decision shall be in writing and shall be based upon written findings of fact. The decision shall be final. Chapter 14.04.080 Dangerous Conditions Nothing in this chapter shall be construed to prevent any work that is necessary to correct or eliminate the unsafe or dangerous condition of any designated or proposed landmark, or such conditions as have been declared unsafe or dangerous by the Department of Building and Safety, provided that the work has been ordered by the Department of Building and Safety. 61.-1' a 1. I. � ..' The owner, occupant, or other person in actual charge of a landmark shall keep in good repair the exterior of the landmark, and all of the interior portions thereof when subject to control as specified in the resolution of the City Council designating the landmark, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of the exterior. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify -to the passage and adoption of this l^ Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause and same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this _day of , 1993. Mayor of the City of Moorpark, California Lillian E. Hare, City Clerk