HomeMy WebLinkAbout99-17 Adopting Article 14 Governing Historic PreservationC
ORDINANCE NO. 99-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ADOPTING ARTICLE 14
GOVERNING HISTORIC PRESERVATION AND AMENDING
CHAPTER III OF THE COSTA MESA MUNICIPAL CODE.
Section 1. The City Council of the City of Costa Mesa finds 'and declares as
follows:
(1) California Government Code Section 65850 enables the City of Costa Mesa to
regulate the use and development of property within the City; and
(2) The preservation of historic resources is important to the City of Costa Mesa
and is an identified goal of the City's General Plan which includes Objective I -C.
This objective reads as follows: "to encourage the preservation and protection
of the City's natural and man-made historic resources;" and
(3) The provisions have been reviewed according to the California Environmental
Quality Act (CEQA) and have been found to be exempt under Section 15061 (b)
(3) of the CEQA Guidelines.
ACCORDINGLY, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 2. Article 14 is hereby added to Chapter IX of Title 13 of the Costa Mesa
Municipal Code to read as follows:
"ARTICLE 14. HISTORIC PRESERVATION
Sec. 13-200.51. PURPOSE
The purpose of this article is to promote the public health, safety, and general
welfare by providing for the identification, protection, enhancement, perpetuation
and use of improvements, buildings, structures, sites, districts, neighborhoods,
natural features and significant permanent landscaping having special historical,`
archaeological, cultural, architectural, or community value in the City for the
0
following reasons:
(a) To safeguard the City's heritage as embodied and reflected in such
resources;
(b) To encourage public knowledge, understanding, and appreciation of the
6
City's past;
(c) To foster civic and neighborhood pride and a sense of identity based on the
recognition and use of cultural resources;
(d) To preserve diverse and harmonious architectural styles and design
preferences reflecting phases of the City's history and to encourage
complementary contemporary design and construction;
(e) To enhance property values and to increase economic and financial benefits
to the City and its inhabitants; and
(f) To protect and enhance the City's attraction to tourists and visitors, thereby
stimulating business and industry.
Sec. 13-200.51.5 APPLICABILITY OF OTHER REGULATIONS
If a structure has been evaluated and identified as having potential historic
significance, the provisions of the California Environmental Quality Act and other
State and Federal laws may apply, regardless of the provisions of this ordinance.
Sec. 13-200.52. DEFINITIONS
The following words and phrases shall, for the purpose of this article, be defined as
follows, unless it is clear from the context that another meaning is intended.
Alteration. Any change or modification, through public or private action, to
the character -defining or significant physical features of properties affected
by this article. In the case of cultural resources that are buildings and
structures, "alteration" shall be limited to changes to the exterior unless
otherwise designated per the designating resolution or per the requirements
of the Secretary of the Interior's Standards for Rehabilitation. Such changes
may consist of modifications to structural or architectural details, or visual
characteristics; grading; surface paving; the addition of new structures; the
cutting or removal of designated trees, landscapes or other natural features;
the disturbance of archaeological sites or areas; or the placement or removal
of any significant objects such as signs, light fixtures, street furniture, walls,
fences, steps, plantings, or landscape accessories affecting the significant
visual and/or historical qualities of the property.
Certificate of Appropriateness. A certificate issued by the Planning
Commission (or other Commission/Committee designated by the City
Council), approving plans, specifications, or statements of work for any
proposed alteration, restoration, rehabilitation, construction, relocation, or
demolition, in whole or in part, of a "designated cultural resource" listed on
the City's Local Register of Historic Places.
Certified Local Government (CLG). A local government certified under federal
law by the California State Office of Historic Preservation for the purpose of
more direct participation in federal and state historic preservation programs.
A CLG has the ability to enforce national, state, and local preservation laws
and to provide for adequate public participation in the programs resulting
from these laws. The CLG has a qualified historic preservation review
commission or board and must have completed or be in the process of
completing a comprehensive historic resources inventory. CLGs are eligiUe
for special federal matching grants.
Character -Defining Features. The following natural or man-made elements of
a cultural resource: design, general arrangement or components of an
improvement, including but not limited to, site placement, height, scale, and
setback; the type, color, and texture .of the building materials; and the type
and style of all windows, doors, lights, signs, and other fixtures appurtenant
to such improvement. "Character -defining features" of cultural resources
that are buildings or structures will generally be those associated with the
exterior of such resources.
Contributing cultural resource to an historic district (contributor). A building,
site, structure or object that adds to the historic architectural qualities,
historic associations, or archaeological values for which an historic district is
significant because:
(a) It represents a period of historic importance, and possesses historic
integrity reflecting its architectural character at that time or is capable
of yielding important information about that period; or
(b) It independently meets the designation criteria as defined in this
section.
Cultural resource. Buildings, structures, natural features, sites, landscapes,
objects, or improvements, which are of scientific, cultural,- architectural,
political, military, historical or archaeological significance to the citizens of
the City, the State, or the nation, which may be determined eligible for
designation or designated by the Planning Commission (or other
commission/committee designated by the City Council) pursuant to the
provisions of this section, or which may be eligible for listing or designation
on any State or Federal register.
Designated cultural resource. Any cultural resource that has been designated
a landmark or historic district and placed on the Local Register of Historic
Places, pursuant to this section or is listed in the National Register of Historic
Places, the California Register of Historical Places,. or is a state historical
landmark; but does not include any cultural resource for which such
designation has been repealed.
Designation. The process of reviewing a cultural resource for designation as
a landmark or historic district and placing it on the Local Register of Historic
Places.
Determined eligible. Any cultural resource which has been determined by
the Planning Commission (or other Commission/Committee designated by the
City Council) or by C;ty staff to meet the established criteria for designation
as a cultural resource or contributing cultural resource to an historic district
or which has been so named by the California State Historic Preservation
Officer, but has not been so designated.
Historic district. Any delineated geographic area having historical
significance which serves as an established neighborhood, community
center, or distinct section of the City, possessing a significant concentration,
linkage, or continuity of site, buildings, structures, or objects united
historically or aesthetically by plan or by physical development; and which
has been designated a historic district pursuant to this article or is listed in
the National Register of Historic Places, the California Register of Historical
Places, or is a state historical landmark.
Historic property or resource. Another term for a cultural resource.
Improvement. Any building, structure, place, fence, gate, landscaping, wall,
parking facility, work of art, or other object constituting a physical feature of
real property, or any part of such feature which is not a natural feature.
Integrity. The ability of a property to convey its historic identity and
significance. Six aspects or qualities define integrity: location, design,
setting, materials, workmanship, and association.
Landmark. Any site, including significant trees or permanent landscaping,
building, structure, improvement, street furniture, sign, work of art, natural
feature or other object representative of the historical, archaeological,
cultural, architectural or community heritage of the City which has been
designated a landmark pursuant to this section.
Local Register of Historic Places. A list of designated cultural resources,
landmarks and historic districts located within the City.
Nominated cultural resource. Any cultural resource that has been nominated
for designation pursuant to this section.
Non-contributing cultural resource to an historic district (non -contributor). A
building, site, structure, or object that does not add to the historic
architectural qualities, historic associations, or archaeological values for
which a historic district is significant because the resource:
(a) was not present during the period of the district's historic significance;
or
(b) no longer possesses historic architectural integrity due to the
alterations, or additions; or
(c) does not independently meet the designation criteria as defined in this
section.
Object. Any works that are primarily artistic in nature or are relatively small
in scale and simply constructed and are in a setting appropriate to their
significant historic use, roles, or character. Objects include, but are not
limited to: boundary markers, fountains, furniture, monuments, sculptures
and statuary.
Ordinary maintenance and repair. Any work, excluding window
replacement, exterior wall resurfacing and re -roofing, where the purpose and
effect of such work is to prevent or correct any deterioration of or damage to
a structure or any part thereof and to restore in style, kind, and material the
same to its condition prior to the occurrence of such damage, deterioration ,
or alteration in violation of this article.
Preservation. The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property. Work,
including preliminary measures to protect and stabilize the property, generally
focuses upon the ongoing maintenance and repair of historic materials and
features rather than extensive replacement and new construction.
Reconstruction. The act or process of depicting, by means of new
construction, the form, features, and detailing of a non -surviving site,
landscape, building, structure, or object for the purpose of replicating its
appearance at a specific period of time and in its historic location.
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 historical, cultural, or architectural
values.
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
(period of significance) by means of the removal of features from other
periods in its history and reconstruction of missing features from the
restoration period.
Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitation of Historic Buildings (Standards). The current standards and
guidelines prepared by the National Park Service for rehabilitating historic
buildings and the current Standards for the Treatment of Historic Properties
with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings prepared by the National Park Service.
Site (historic). The location of a significant evant, 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
archaeological value regardless of the value of any existing structure.
Special consideration. Includes, but is not limited to, those properties less
than 50 years of age that have achieved exceptional importance within the
past 50 years.
Substantial adverse change. Any demolition, destruction, relocation, or
alteration activities that would impair the significance of a cultural resource.
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(a) Local Register. The City shall maintain a list of all designated cultural
resources, landmarks and historic districts which shall be known as the Local
Register of Historic Places.
(1) Local Register Designation Criteria. The City Council, upon the
recommendation of the Planning Commission (or other Commission/
Committee designated by the City Council), may designate any building,
structure, site, object, district, improvement, or natural feature that is
over 50 years of age or, in special circumstances under 50 years, as a
local landmark if it meets the criteria for listing in .the National Register of
Historic Places, or the criteria listed below. Any structure identified in the
City's General Plan is recognized as being eligible for placement on the
Local Register. Designation criteria shall include the following: When the
resource
a. Exemplifies or reflects special elements of the City's cultural, social,
economic, political, aesthetic, engineering, architectural, or natural
history; or
b. Is identified with persons or events significant in local, state, or
national history; or
c. Embodies distinctive characteristics of a style, type, period, or
method of construction; or
d. Is a valuable example of the use of indigenous materials or
craftsmanship; or
e. Represents the work of a notable builder, designer, or architect; or
f. Contributes to the significance of an historic area, being a
geographically definable area possessing a concentration of historic or
scenic properties or thematically related grouping of properties which
contribute to each other and are unified aesthetically by plan or
physical development; or
g. Has a unique location or singular physical characteristics or is a view
or vista representing an established and familiar visual feature of a
neighborhood, community or of the City; or
h. Embodies elements of architectural design, detail, materials, or
craftsmanship that represent a significant structural or architectural
achievement or innovation; or
i. Is similar to other distinctive properties, sites, areas, or objects based
on a historic, cultural, or architectural motif; or,
j. Reflects significant geographical patterns, including those associated
with different eras of settlement and growth, particular transportation
modes, or distinctive examples of park or community planning; or
k. Is a type of building or is associated with a business or use which
was once common but is now rare; or
I. Yields, or may yield, information important in prehistory or history;
and retains the integrity of those characteristics necessary to convey
its significance.
(2) Procedure for designation. The designation of a landmark or historic
district may be initiated by the Planning Commission (or other
Commission/ Committee designated by the City Council), the City
Council, or by petition of any of the record property owners in the
proposed district, or by any person, organization, or entity.
a. Application. The application for placement on the Local Register shall
include but not be limited to the following:
i. Written consent of the property owner;
ii. Completed State Inventory DPR Forms 523A, 52313, and 523L or
523D if an historic district which includes a legal description of
the property, photographs of the resource, a physical/architectural
description of the resources, a statement ,of significance stating
historical qualities and characteristics of the nominated cultural
resource;
iii. Additional supporting material as determined necessary by the
staff of the Planning Commission (or other Commission/
Committee as designated by the City Council).
b. Findings. The City Council on the recommendation of the Planning
Commission (or other commission/committee designated by the City
Council) shall find that the site, building, structure, district, object,
natural feature or improvement has special historical, archaeological,
cultural, architectural, community value in the City and that the
purpose of this article is maintained by such designation.
c. Adoption. Landmark and/or historic district designation shall be
adopted by resolution.
d. Notice Required. Notice of the designation of a landmark or historic
district by the City Cou. icil shall be transmitted to the property own-�r,
the Departments of Administrative Services, Development Services,
Fire, Public Services, City Manager's Office, the Redevelopment
Agency Office, the County assessor and the County recorder and any
other relevant or interested departments, divisions and governmental
and civic agencies. Each City department and division shall
incorporate the notice of designation as a landmark or historic district
into its records, .so that future decisions affecting any landmark or
historic district made by the City will have been made with the
knowledge of the landmark or historic district designation, and in
accordance with the procedures set forth in this article.
(3) Procedure for Repeal and Modifications. The City Council with the
recommendation of the Planning Commission (or commission/committee
designated by the City Council) shall consider a repeal or modification of a
previously approved. landmark or historic district designation in the same
manner provided in this article for the designation of landmarks or historic
districts if the resource(s) no longer meet(s) the designation criteria found
to apply due to the subsequent discovery of information on the
significance of the resource or destruction of the resource by a
catastrophic event.
(b) Survey. The City shall undertake an ongoing survey and research effort to
identify buildings, structures, sites, objects, historic districts, natural features,
and improvements that have historic, community, architectural, or cultural
significance, importance, interest, or value; and shall compile and update
appropriate descriptions, facts, and photographs of potential cultural resources
on appropriate State Inventory Forms (DPR523). The City shall notify the
owner of record that his/her improvement has been surveyed, evaluated, and
listed.
Sec. 13-200.54. MAINTENANCE, RESTORATION, REHABILITATION, RELOCA-
TION, ALTERATION, DEVELOPMENT AND DEMOLITION OF
CULTURAL RESOURCES THROUGH THE CERTIFICATE OF
APPROPRIATENESS PROCESS
(a) Maintenance. Every person in control and every owner of a cultural resource
placed on the Local Register of Historic Places and any appurtenant premises
shall maintain and keep in good repair the exterior of such designated
resources, all of the interior portions thereof when subject to regulation as
specified in the designation resolution, and all interior portions whose
maintenance is necessary to prevent deterioration or decay of any exterior
architectural feature. This article shall be enforced by the City's Development
Services Department.
(b) Application of the Staie Historic Building Code. Pursuant to thz State of
California Health and Safety Code, the Building Official may apply the State
Historical Building Code in permitting repairs, alterations, and additions
necessary for the preservation, restoration, rehabilitation, moving, or continued
use of a designated historic building.
(c) Certificate of Appropriateness Required. No person, owner, or other entity
shall restore, rehabilitate, alter, develop, construct, demolish, remove or
change the appearance of any cultural resource on the Local Register of
Historic Places without first having applied for and been granted a Certificate
of Appropriateness to do so by the Planning Commission (or other
commission/committee designated by the City Council). The requirements of
this article are in addition to any and all other city permit requirements. When
the Planning Commission (or other commission/committee designated by the
City Council) or the City Council has prepared and adopted a plan or specific
design criteria or guidelines for the preservation of a landmark or historic
district which sets forth particular development standards, an application for a
Certificate of Appropriateness to do work consistent with the adopted plan
development standards may be approved by the Planning Division. If the
application is not approved by staff it shall be processed as set forth in this
article.
(1) Application. The Certificate of Appropriateness application shall be made
and processed in accordance with the procedures set forth in Chapter III -
Planning Applications.
(2) Submittal Requirements. Applications for Certificates of Appropriateness
shall include:
a. Plans and specifications showing the proposed exterior appearance,
type, and texture of materials and the proposed architectural design of
the exterior of the building.
b. Where appropriate and required by the Planning Division, applications
shall also show the relationship of the proposed work to the surrounding
environs.
c. Applications for new construction in an historic district shall also include
such relevant information as to how the new improvement relates to the
existing architectural style, scale, massing, site and streetscape,
landscaping, and signage. The applicant shall submit any other
information the Planning Division determines necessary to evaluate the
application.
(3) Criteria. The Planning Commission (or other commission/committee
designated by the City Council) shall considelr the following criteria when
reviewing applications for Certificates of Appropriateness:
a. The anticipated use for the property remains that for which it was
original;V intended or requires minimal alteratio., of the building,
structure, or site and its environment for the proposed reuse.
b. The distinguishing original qualities or character of a building, structure,
or site and its environment shall not be compromised. The removal or
alteration of any historic material or distinctive architectural features
should be avoided when possible.
c. All buildings, structures, and sites shall be recognized as products of
their own time. Alterations that have no historical basis and which
seek to recreate an earlier appearance shall be discouraged.
d. Certain alterations which may have taken place in the course of time
may be potentially significant to undlerstanding the history and
development of a building, structure, or site and its environment.
These historic alterations may have acquired significance in their own
right and this significance shall be recognized and respected.
e. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be retained. .
f. Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in
composition, design, color, texture, and other visual qualities. Repair
and replacement of missing architectural features should be based on
accurate duplications of features, substantiated by historical, physical
or pictorial evidence rather than on conjectural' designs or the
availability of different architectural elements from other buildings or
structures.
g. Surface cleaning of historic buildings and structures shall be undertaken
with methods that will avoid damage to thIe historic materials.
h. Contemporary design for alterations and additions shall not be
discouraged when such alterations and additions do not compromise
significant historical, architectural, or cultural material; and when such
design is compatible with the size, scale, color, massing, material, and
character of the property, neighborhood or environment.
i. Whenever possible, new additions or alterations to the building or
structure shall be done in such a manner that if such additions or
alterations were to be removed in the future, the essential form and
integrity of the historic building would be unimpaired.
(4) Findings. The
Planning Commission
(or other
commission/committee
designated by
the City Council), shall
make
the
following findings, as
applicable, in
determining whether to
grant
or
deny a Certificate of
Appropriateness:
a. The proposed undertaking is consistent or compatible with the
architectural period and the character -defining features of the historic
building or structure;
b. The proposed undertaking is compatible with existing adjacent or nearby
landmark properties and/or historic district pi operties and their character -
defining features;
c. The colors, textures, materials, fenestration, decorative features and
details, height, scale, massing, and methods of construction proposed are
consistent with the period and/or are compatible with adjacent buildings;
and
d. The proposed change does not destroy or adversely affect an important
architectural, historical, cultural, or archaeological features) or site(s).
(5) Review of substantial adverse changes. When
that may cause a substantial adverse chan
resource, the application shall be reviewed
procedures to determine if the proposed char
adverse environmental effect as defined by
Quality Act (CEQA). Such activities are not cal
if the action may cause a significant adver
approval of any work which may cause a sut
cultural resource may be granted unless:
a. It is determined by the City Council through
into account the value of all available incenti
and adaptive reuse alternatives, the pro
remaining market value or reasonable use.
violation of this article and thus without
Certificate of Appropriateness, or by fail
required by the article, shall not be in(
rehabilitation costs; or
b. It is determined pursuant to adopted City
immediate safety hazard exists and that de
only feasible means to secure the public safE
Sec. 13-200.55. PRESERVATION INCENTIVES
In order to carry out more effectively and equitably th
City Council may adopt, upon recommendation of
other commission/committee designated by the C
economic and other incentives to support the pr(
appropriate rehabilitation of the City's cultural resour(
but is not limited to:
a) Mills Act contracts;
b) State Historic Building Code;
he application is for an action
le to a designated cultural
pursuant to adopted City
ge would have a significant
the California Environmental
agorically exempt from CEQA
3e effect. Accordingly, no
stantial adverse change to a
he CEQA process that taking
'es and costs of rehabilitation
erty retains no substantial
-osts of alterations made in
the benefit of an approved
re to maintain the property
uded in the calculation of
nd State processes, that an
iolition of the building- is the
purposes of this article, the
he Planning Commission (or
ity Council), a program of
servation, maintenance, and
as. This program may include
c) Marks Historical Rehabilitation Act;
d) Preservation easements for the facades of design,
e) Assistance in processing applications` for nominal
of Historic Places;
f) Plaques, awards or other symbols of recognition c
g; Grants and loans including, but not Limited
Development Block Grants; redevelopment fin
development programs; Small Business Assn
Rehabilitation loans; Economic Developmental
Industrial Development Bonds; Investment Tax
Development Action Grants for rehabilitation of
industrial buildings;
h) Variances, including, but not limited to, bui�
requirements for rehabilitation projects;
i) Building permit, Planning application, and Certif
relief; and
j) Transfer of Development Rights.
Sec. 13-200.56. ENFORCEMENT AND PENALTIES
:d landmarks;
ns to the National Register
if exemplary rehabilitation;
to, funds from Community
ancing programs; economic
:)ciation loans; Commercial
Administration programs;
Credit programs; and Urban
residential, commercial, and
ing setbacks and parking
Refer to Chapter I, Article 4 for enforcement of this article.
Section 3. Subsections (r) and (s) are hereby adder
follows:
"(r) Local Register of Historic Places (Local Register).
cultural resources, landmarks and historic district
person may request placement of a significant h
Register of Historic Places subject to the criteria
Chapter IX, Article 14, Historic Preservation.
(s) Certificate of Appropriateness. A certificate iss6(
(or other commission/committee designated by
plans, specifications, or statements of work
restoration, or rehabilitation, construction, relocai
in part, of a "Designated Cultural Resource" listed
Historic Places."
of Appropriateness fee
to section 13-28 to read as
k voluntary list of designated
located within the City. A
,toric structure on the Local
nd procedures established in
by the Planning Commission
he City Council), approving
)r any proposed alteration,
n, or demolition, in whole or
n the City's Local Register of
Section 4. Table 13-29 (c) of the Costa Mesa Muni ipal Code is hereby amended
to read as follows:
"TABLE 13-29(c)
PLANNING APPLICATION REVIEW PROCESS
PUBLIC
PUBLIC
FINAL
NOTICE OF
NOTICE
HEARING
RECOMMENDING
REVIEW
DECISION
PLANNING APPLICATIONS
REQUIRED..
REQUIRED
AUTHORITY
AUTHORITY
REQUIRED
Development Review
No
No
None
Planning
I'o
Minor Modification
Division
Lot Line Adjustment
No
No
None
Zoning
Yes
Administrator
Administrative Adjustment
Yes
No
None
Zoning
Yes
Minor Conditional Use Permit
Administrator
Planned Signing Program
Mobile Home Park
Yes
Yes
Planning Division
Planning
Yes
Conversion
Commission
Residential Common Interest
Development
Conversion
Specific Plan Conformity
• Review
Tentative Parcel Map
Tentative Tract Map
Variance
Conditional Use Permit
Yes
Yes
Planning Division
Planning
Yes
Density Bonus
Commission
Master Plan
(excepted
where noted
otherwise in
this Zoning
Code)
Redevelopment Action
Yes
Yes
Planning
Redevelopment
Yes
Commission
Agency
Rezone
Yes
Yes
Planning
City Council
No
Commission; and, if
located in a
Redevelopment
Project Area, the
Redevelopment
Agency
Local Register of Historic
No
No
Planning
City Council
Yes
Places
Commission or
other Commission
/Committee as
designated by the
Citv Council
Certificate of
No
No
Planning
Planning
No"
Appropriateness
Commission or
Commission
other Commission
or other
/Committee as
Commission/
designated by the
Committee
City Council
as
designated
by City
Council
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA)
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 99-17 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 15th day of November, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 16th day of November, 1999.
/-R-
Dep6t City Clerk anofficio Clerk of
the City Council of the of Costa Mesa