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Home My WebLink About2013-03-19 PC Agenda Item No. 2CITY OF ink LADE , LS 0 DREAM EXTREME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: RICHARD J. MACHOTT ACTING PLANNING MANAGER DATE: MARCH 19, 2013 PROJECT: PRESENTATION BY HISTORIC PRESERVATION AD HOC COMMITTEE REGARDING ESTABLISHMENT OF A HISTORIC PRESERVATION COMMISSION PRESENTED BY: JOYCE HOHENADL, CHAIRMAN OF HISTORIC PRESERVATION AD HOC COMMITTEE Background On May 1, 2012 and May 15, 2012 the Planning Commission held workshops regarding historic preservation. At its regular meeting on May 15, 2012, the City of Lake Elsinore Planning Commission recommended (5 -0 vote) the appointment of an Ad Hoc Committee pursuant to City Council Policy No. 200 -56 for the purpose of studying and making recommendations regarding historic preservation. The City Council considered the Planning Commission's recommendation at a public hearing on June 12, 2012; and on July 10, 2012 the City Council adopted Resolution No. 2012 -041 establishing a five - member Historic Preservation Ad Hoc Committee and identifying the duties and responsibilities of the Ad Hoc Committee. As part of its assigned duties, the Historic Preservation Ad Hoc Committee is required to consult with the Planning Commission prior to finalizing and reporting its recommendations to the City Council, and to include the Planning Commission's comments in its report. Beginning in August 2012, the Historic Preservation Ad Hoc Committee met and formulated its recommendations to the City Council. At its February 19, 2013 meeting, the Ad Hoc Committee approved a draft report and directed Chairman Joyce Hohenadl to schedule a presentation of the approved report to the Lake Elsinore Planning Commission for their comments. PC March 19, 2013 Item No. 2 Page 1 of 63 PLANNING COMMISSION STAFF REPORT PRESENTATION BY HISTORIC PRESERVATION AD HOC COMMITTEE MARCH 19, 2013 Page 2 of 2 Ms. Hohenadl will present the Ad Hoc Committee's recommendations to the Planning Commission. Following its presentation to the Planning Commission the Ad Hoc Committee will finalize its report and present its recommendations to the City Council. Recommendation No action by the Planning Commission is required. PREPARED BY: Richard J. MacHott ' I� Acting Planning Ma ger ATTACHMENT 1. Historic Preservation Ad Hoc Committee Report to City Council dated March 19, 2013. PC March 19, 2013 Item No. 2 Page 2 of 63 REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: HISTORIC PRESERVATION AD HOC COMMITTEE CHAIRMAN JOYCE HOHENADL, VICE CHAIR RUTH ATKINS, CHARLENE CLEARY, TIM FLEMING, LINDA RIDENOUR DATE: MARCH 19, 2013 SUBJECT: ESTABLISHMENT OF A HISTORIC PRESERVATION COMMISSION At the City Council meeting on July 10, 2012 Resolution No. 2012 -041 was adopted to establish a Historic Preservation Ad Hoc Committee consisting of five members. This committee was established to evaluate and make recommendations regarding historic preservation within the City of Lake Elsinore. Lake Elsinore is remarkably rich in history and there are many properties of architectural and historic significance. The committee wants the city to promote historic preservation, which will bring tourists and visitors to enjoy Main Street and other areas where there are historical buildings and sites in our city. On September 28, 1982 Resolution No. 82 -67 was adopted by the Lake Elsinore City Council establishing a Historic Preservation Commission. However, one was never appointed or established. Therefore, the following are the committee's recommendations: The committee recommends that a separate Historic Preservation Commission be established consisting of seven commissioners and four alternates. Four members and two alternate members should be appointed for a four -year term and three members and two alternates should be appointed for a two -year term. Thereafter, appointments will be for four year terms. This Historic Preservation Commission will report to the Planning Commission any subject concerning historic preservation of buildings, structures, bridges, trees, etc. The Planning Commission will report to the City Council. PC March 19, 2013 Item No. 2 Page 3 of 63 REPORT TO CITY COUNCIL HISTORIC PRESERVATION AD HOC COMMITTEE MARCH 19, 2013 PAGE 2 OF 5 The general requirements for membership is that each committee member should be a citizen of the United States, at least 18 years of age, a legal resident of Lake Elsinore or the City's sphere of influence. The other requirements will be at the discretion of the City Council to recommend as well as the method of selection for the members to the Historical Preservation Commission. It is noted that numerous cities have Historic Preservation Commissions with various number of commissioners including the following cities as examples: Norco has five members; City of Winters has seven members, Pasadena has nine members and Sacramento has seven members. The committee is recommending that the following duties and tasks should be assigned to the Historic Preservation Commission: (A) To encourage public knowledge, understanding and appreciation of the City's past heritage. (B) To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. (C) To promote the enjoyment and use of cultural resources appropriate for the education and recreation of the people of the City as well as tourists and visitors. (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. (F) To identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses. (G) To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. (H) Encourage reuse and maintenance of existing historic structures. The Historic Preservation Commission would work with the Planning Commission, Building Department, Code Enforcement, Abandoned Residential and Property Registration Dept., Inspection Dept., Public Safety, Lake Elsinore Historical Society and City Council to insure compliance with the above duties and tasks. PC March 19, 2013 Item No. 2 Page 4 of 63 'REPORT TO CITY COUNCIL HISTORIC PRESERVATION AD HOC COMMITTEE MARCH 19, 2013 PAGE 3 OF 5 2. The last surveys conducted were the 1980 Historic Resources Inventory for Lake Elsinore by the Riverside County Parks Department as the result of the study being financed under the National Historic Preservation Act. The county received over $28,000.00 for this survey. This survey was aided by about 120 volunteers. A second survey was completed in 1990 by Vick Knight of The Elsinore Valley Community Development Corp. This survey was funded by a grant from the Lake Elsinore Redevelopment Agency. The cost of this survey is unknown. On March 12, 1991 Vick Knight presented the Lake Elsinore City Council with a four - volume survey of historic buildings in and near the city. Mr. Knight asked the city to adopt an ordinance and presented a Proposed Historic and Scenic Preservation Ordinance No. 1954 dated June 1990, which was never adopted. An updated inventory of structures and sites is needed within the City of Lake Elsinore and its sphere of influence. It is recommended that a new survey be conducted and the two prior Historic Resource Surveys could be used to update the data on the buildings and houses in Lake Elsinore. This would include updating the Historic Structures and Sites Inventoried in 1990 that lists structures no longer existing since the 1981 -1982 survey. The survey should include the city's 16 districts and five other districts within the sphere of influence. 3. The Ad Hoc Committee recommends that the Lake Elsinore City Council direct city staff to prepare and adopt a Historic Preservation Ordinance and to pursue applying for a Certified Local Government Program. By achieving certified status, the city could apply for a grant to defray the cost of a new historic survey as well as participate in the state's Historic Preservation Fund. If grant funds are not obtained then the City of Lake Elsinore would have to use the city funds for an updated survey. The committee further recommends to the City Council that they have staff prepare a Historic Preservation Ordinance or a Certified Local Government Historic Preservation Ordinance using the committee's recommended Historic and Scenic Preservation Ordinance Table of Contents. If just a Historic Preservation Ordinance is adopted the committee recommends using the city of Corona's ordinance as an example. The City of Corona has a Historic Preservation Commission that works with their Planning Commission. It is noted that approximately 40 cities in California have Historic Preservation Ordinances and the cities of Riverside and Norco have a Certified Local Government Program. Under the Certified Local Government Program ten cities were awarded grants for 2012 -2013 totaling $182,500.00 PC March 19, 2013 Item No. 2 Page 5 of 63 REPORT TO CITY COUNCIL HISTORIC PRESERVATION AD HOC COMMITTEE MARCH 19, 2013 PAGE 4 OF 5 The committee has copies of the Certified Local government Program Application and Drafting Historic Preservation Ordinances. The General Plan by Mooney, Jones and Stokes for the City of Lake Elsinore shows a historic district, which is part of the 1993 zoning code. An Area Plan for the City of Lake Elsinore Redevelopment Agency indicates the Historic Downtown Elsinore Overlay District Boundary. 4. In 1972 the Mills Act was established under which participating local governments entered into contract with owners of historic properties who agree to rehabilitate and maintain their properties. The homeowners received 40% to 60% savings, and sometimes more, on their property taxes. The intent of the tax break is for homeowners to use the savings to keep their properties in mint condition. Each local government, i.e., each city establishes their own criteria and determines how many contracts they will allow in their city. A qualified historic property is one that is listed on any county, state, federal or city register. In Lake Elsinore we now have eight such properties. There are about 63 cities in Calif. who have adopted the Mills Act including two in Riverside County, i.e., Corona and Palm Springs. Also, all these cities have either a Historic Preservation Ordinance or a Certified Local Government Ordinance. Therefore, the Ad Hoc Committee recommends that the Mills Act be incorporated into a Historic Preservation Ordinance or a Certified Local Government Program. The Mills Act has been included in the committee's proposed City of Lake Elsinore Historic and Scenic Preservation Ordinance Table of Contents, Section XIII. Local governments have adopted the Mills Act because they recognize the economic benefits of conserving resources and reinvestment as well as the important role historic preservation can play in revitalizing older areas, creating cultural tourism, building civic pride and retaining the sense of place and continuity with the community's past. Each local government establishes their own criteria and determines how many contracts they will allow in their jurisdiction, The Ad Hoc Committee recommends that the City Council create a Certificate of Appropriateness Procedures whether any individual can restore, rehabilitate, alter, develop, construct, demolish, remove or change the appearance of any landmark or point of historical interest. PC March 19, 2013 Item No. 2 Page 6 of 63 'REPORT TO CITY COUNCIL HISTORIC PRESERVATION AD HOC COMMITTEE MARCH 19, 2013 PAGE 5 OF 5 Also, the Ad Hoc Committee recommends that no demolition permit shall be granted for any Structure 45 years old or older until it has been evaluated and determined eligible or not eligible for designation as a landmark. Should the structure be determined eligible for designation as a landmark, a Certificate of Appropriateness shall be processed. Please refer to the report to the Planning Commission Meeting dated May 1, 2012 prepared by Richard J. MacHott, Acting Planning Manager, City of Lake Elsinore regarding further definitions of Historic Preservation and other related subjects. This community is definitely unique in its variety of historical homes, churches, businesses, or any other historical sites including the lake, landscaping and individuals of note. History is held in these multiple entities and adds to the beauty and atmosphere of this land, city and county. A Historical Preservation Commission is needed to monitor the continuing existence of this city's heritage and everything historical in the city and sphere of influence. 44,c- a yce holienadl airman Historic Preservation Ad Hoc Committee ATTACHMENTS all �oO Date 1. Letter and Resolution No.82 -67 Establishing a Historical Preservation Commission adopted Sept. 28, 1982 2. Scope of Study prepared by Vick Knight, Elsinore Valley Community Development Corp., Feb. 12, 1991 3. The Press - Enterprise Newspaper Article on the 1980 Historic Site Survey 4. The Press - Enterprise Newspaper Article dated March 13, 1991 5. Proposed Historic and Scenic Preservation Ordinance dated June 1990 6. Historic and Scenic Preservation Table of Contents 7. Information on Certified Local Government Program Grant Awards 8. Information on the Mills Act 9. Report by Richard J. MacHott PC March 19, 2013 Item No. 2 Page 7 of 63 G(ft' Ll fAe CITY HALL l ` 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA 92330 Telephone 1714) 674 -3125 October 29, 1982 Stephen A. Becker, Historian Riverside County Parks Department P.O. Box 3507 Rubidoux, California 92519 Dear Mr. Becker: As you requested, enclosed is a copy of the Resolution adopted by the City Council on September 28, 1982, which establishes a Historical Preservation Commission. The City is currently accepting applications for membership on the Commission and hopes to formally appoint its members in the near future.' In addition, the City Council has directed the City Attorney to prepare an Ordinance enabling the preservation of historical buildings. This Ordinance should also be forthcoming. At this time, no staff member has been officially appointed to staff the Historical Commission- Until such an appointment is made, please feel free to call me for any information you may need- Sincerely, I ;,U* r P Robb Steel Administrative Assistant to the City Manager RRS /hs PC March 19, 2013 Item No. 2 Page 8 of 63 RESOLUTION NO. 82 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ESTABLISHING THE HISTORICAL PRESERVATION COMMISSION The City Council of the City of Lake Elsinore, California resolves as follows: 1. The Historic Preservation Commission is hereby established as an official commission of the City of Lake Elsinore. 2. The Historic Preservation Commission shall consist of five members who shall not be officials or employees of the City, but who shall reside within the corporate limits of the City of Lake Elsinore. 3. 7 The members of the Historic Preservation Committee shall be appointed by the Mayor, with the approval of the majority of the members of the City Council, and may be removed by the Mayor, at his pleasure, subject to the approval of a majority of the members of the City Council. 4. Unless otherwise directed by the Mayor, with approval of a majority of the City Council, the members of the Historic Preser- vation Commission shall be appointed for a term of four years. 5. The Historic Preservation Commission shall have the following powers and duties: PC March 19, 2013 Item No. 2 Page 9 of 63 (a) Determine whether buildincs or structures sought to be repaired, altered, restored, rehabilitated, moved or continued in use, or changed to another use, are qualified historic buildings or structures within the meaning of the California State Historical Building Code, Health & Safety Code Sections 18950, et. sec. which defines historic buildings or structures as "any structure, collection of structures, and their associated sites deemed of importance to the history, architecture, or culture of an area. ." and after making such determination, forward to the City Council a recommendation that such determination be adopted. PC March 19, 2013 Item No. 2 Page 10 of 63 y. (b) Coordinate and cooperate with local, state and national organizations and agencies in locating and identifying , sites, etc., for historical buildings, structures, landmarks consideration by registers, inventories, or other facilities to promote the preservation of historical places, and, if appropriate, to assist in the obtaining of funding for qualified repair, rehabili- tation and /or restoration of such historic places, subject to City Council approval, upon recommendation of the Historic Preservation Commission. (c) Generally promote and encourage the preservation of historical places and matters, and provide for increased public awareness of the importance of preserving the culture and history of the valley. 6. No obligations or expenses of any kind shall be incurred by the Historic Preservation Commission unless first authorized and approved by the City Council in writing, and no binding agreement or commitment shall be made by -the Historic preservation Commission unless first authorized and approved.by the City Council.in writing. 7. All applicants coming before the Historic Preservation Commission shall be advised that the determination of the Historic Preservation Commission is a recommendation which shall be forwarded to City Council for final decision and action. PC March 19, 2013 Item No. 2 Page 11 of 63 S. The City Council may provide for the compensation of members of the Historic Preservation Commission, which compen= sation shall be established by resolution. PASSED, APPROVED AND ADOPTED this 28th day of Septe -ber 1982. ATTEST: D J0 F.ii A. 4F2R iaST.•i! , C:T f CLERK Jp'N 6. UNSI:ORTH, MAVIX i� APPROVED AS TO FOR!1: JOHN ". PORTER, CITY ATTD2Nc�Y PC March 19, 2013 Item No. 2 Page 12 of 63 SCOPE OF THE STUDY In April of 1990, the Elsinore Valley Community Development Corporation agreed to conduct a Survey of Historical Structures and Sites under an agreement with the City of Lake Elsinore Redevelopment Agency. This Survey was designed to identify those buildings and special features of the Elsinore Valley with notable historical significance that they might be worthy of consideration for preservation by whatever means available to the community. This Survey consisted of five phases: 1. Review of the "Historic Resources Inventory" conducted by the State of California Department of Parks and Recreation (Serial Number 33- 2330 -35) in 1981 -1982. 2. Physical inspection of those structures and sites identified and photographed in the initial Inventory. 3. Completion of follow -up interviews, photographs and verification by County Records of current status of each of the original historic resources inventoried through utilization of updated Survey form. 4. Compilation and recordation of materials gathered and brought up to date. 5. Publication of 1990 -1991 Inventory. The Community Development Corporation (CDC) was fortunate in being able to benefit from a number of local resources for additional information and verification of materials PC March 19, 2013 Item No. 2 Page 13 of 63 gathered. These included, but were not limited to, Mr. and Mrs. Hugh Walker, Lilah Knight, Hilda Barnhart, Arta Valenzuela, various members of the City. Council and professional staff, the County of Riverside, the State of California and many residents of the community at large. The Jim Mead organization conducted the physical inventory and Provided the updated photographs, while members of the Lake Elsinore Valley Chamber of Commerce staff assisted with the preparation of this document. The CDC thanks each and everyone of those who were instrumental in completing this task, but accepts sole responsibility for any errors or omissions which may have occurred in the assembling of the data. The form of a loose -leaf binder was selected so that additional Inventories might be easily integrated into the Survey and errors might be more readily corrected. DISTRIBUTION Copies of this document will be provided the following: The City of Lake Elsinore The Lake Elsinore Historical Guild The Elsinore Valley Chamber of Commerce The Lake Elsinore Unified School District The Lake Elsinore Public Library The Riverside County Historical Commission The State of California, Dept. of Parks & Recreation PC March 19, 2013 Item No. 2 2 Page 14 of 63 RECOMMENDATONS AND EXHIBITS It is the recommendation of the CDC that Elsinore consider identifying certain at City's Sphere of Influence as of special significance. A listing of several such described within this Survey accompanies Exhibit A. the City of Lake ructures within the historical structures as this document as It is further recommended that the City consider the feasibility of adopting a Lake Elsinore Historic and Scenic Preservation Ordinance. A copy of such a proposed document is amended as Exhibit B. Exhibit C is the locational map of what has been defined in the Survey as the Lake Elsinore Downtown Historic Area. Exhibit D is a listing of some of the many historical structures that were identfied and described in the 1981 -1982 Inventory that are no longer standing on their original sites. Fires, urban renewal, demolition and /or deterioration have taken their toll over the decade since this study as the City has undergone many changes due to growth and expansion during this period. Exhibit E contains a bibliography of related materials purchased from the American Association for State and Local History and provided the Lake Elsinore Public Library PC March 19, 2013 Item No. 2 3 Page 15 of 63 following utilization in the preparation of the Survey. It is the recommendation of the CDC that the City consider an Updating of this Inventory to coincide with each United States census. In this manner, each ten years will provide the community with a record of the preservation of significant historical structures and sites or documentation of the loss of same. The next such Survey, then, might be considered for the years 2000 -2001. Due to the scope of this study, only those structures constructed prior to 1950 have been considered for inclusion. The order of inventoried structures appears in this following sequence: 1. Identified within the original Survey as being located within the Lake Elsinore Downtown Historic Area. 2. Located within the City limits, but outside of the designated downtown area. 3. Located outside of the City itself, but within the City's designated Sphere of Influence. 4. Sites, not structures, considered to be of historic interest and significance. Through the cooperation of Channel 3 King VideoCable, the CDC has taken steps to write and produce a 30 minute documentary videotape dealing with the subject matter of the Survey. This will compare historical renderings of early structures with their current status and will be made available to those PC March 19, 2013 Item No. 2 4 Page 16 of 63 individuals and organizations that might benefit. Copies will be kept at the CDC and Chamber of Commerce offices as well as the Lake Elsinore Public Library for distribution. The Lake Elsinore Unified School District Instructional Resource Center has asked that it might have a copy on hand for use in local classrooms when the City of Lake Elsinore is studied as part of the history curriculum. ADDITIONS AND CORRECTIONS Those individuals who might wish to assist in the updating or correcting of any errors that might have been included in this document are asked to contact: Elsinore Valley Community Development Corporation Vick Knight, Executve Director, 132 West Graham Avenue, �4-t�' Lake Elsinore CA 92330 It is anticipated that the Main Street revitalization project under way at the time of this writing will necessitate an updating of photographs and other input during 1991. Since the Survey was conducted between July and November of 1990, there are already such changes and others are anticipated as the project progresses from the initial phase. February 12, 1991 PC March 19, 2013 Item No. 2 5 Page 17 of 63 By ALAN LECKER Press- Enterprise Staff Writer Charlotte Bredlau smiles as She pulls a bookcase away from the wall. Behfnd the bookcase Is a glimpse into the past, a hidden Prohibition -era liquor cabinet. The cabinet was built into the "party room" beneath the main floor of the home located on Sky- line Drive in Lake Elsinore. .Bredlau and her son have owned the house for two years, and it is now dubbed "Bredlau's Castle." Built in the mid- 1920s, it is a sprawling manor with an obstructed view of the lake below. It is just one of thousands of County historic resource survey coordinator James "Southern Hotel" in Perris. It was built in 1887. sites that are being studied in an attempt to gain recognition for the county's .historic landmarks. The search is - conducted -by the county Parks Department and aided by an estimated 120 volun- teers. The sites- are as diverse as each region of the county they represent, yet they share -a earn- men value — a piece of the coun- ty.'s. past: - , - .. Consider the assortment: an - evangelist's retreat, an idyllic artist colony, a ranch strewn with rusty, relics. "We're looking at structures List are in .fairly 'good condition and representative of the histori- already gained some recognition. The project began in July 1980, and completion is expected In March 1983. The study is fi- nanced under the National Histor- ic Preservation Act. The county has received $28,600 and is seek - Ing: an additional $20,000. 'The. Parks Department will study the list of sites uncovered in the project, determine if they have significant historical values, and consider seeking appropriate state and federal designations. Becker said the project's vol- unteers have already studied 2,800 sites. The sites include: The "Southern Hotel," builb;in 1887 and located on D Street In Perris. Legend has it, according to Becker, that the owner attempted to move the ho- ,tel to Riverside, but It was too ,,big. The hotel . was returned. to int Laae rnsmore.:rne cum was recently converted into a restau- rant, but the exterior retains 'Its - original architectural character. Becker said there are stories the club had a hidden tunnel that led to the wharf, allowing patro (See HISTORY, Page B��.. 8 of 63 h G °d F z W a 4] s < i S � N `t p awi .0 d t°� ry GN f 0 m E m Gam; • n cc C) m OE m a0+ ti0 U A 7 G U O ui O Y O � OV in O N 78 78 p -V o a a� V M. o o_ ° l - A0a yV. t. ai> C> 4 d-Z O O C ttl N .. M o oGn. A.p ° U� p cd cc r—p y G {. Y' Xb N..+ V co O A V N C N N E 7 O L VJ WF.000 Y�C�'O.Q QM W T .-. V 3 �i V td N oC� °CNCC b.Vy.�co! N V O O A V O° a N tl O p u G Q V(E�OO..-. G m »°a= p - o ' • is :c o o ,:., m v, -o r I. E o 3 w a o m o A° c a CTw 3 o V CT UbOGA mOVOC V'ug. �° G NO yy Eli -�.Cw OO�mCC �••�oc�a•oy roo O V A � ° cU6 V.Q E.aANCwytO ��.oUE.O+:V ENO m ' M H, C v r O .• C mvJ% °o ca 0 °u= vu EM =Ac a w • n cc C) m OE m a0+ ti0 U A 7 G U O ui O Y O � OV in O N 78 78 p -V o a a� V M. o o_ ° l - A0a yV. t. ai> C> 4 d-Z O O C ttl N .. M o oGn. A.p ° U� p cd cc r—p y G {. 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C, N C t, N. �.,A4 .^° l� w w ror!m° uCA�E�oC�F iC U.�❑a)p,o�o °p CO a -a 0-:S« N y 1y ay -6 X W _ZC'_a rri'�aJC �•,y.°:d .°G a`"i �..`�.1W yr� W p,°W GyG ti.00 °o Ew MCUY0.�i z.m,a U� Q J a V O Ca O a a !S U A 0 odvaE YY. �C o`b�3oA. >oUdw m o�'LV❑ ja `G 'OCVV 4UyCTpN e� G°pO°ro aWi.OW3�cm� >`3 x°' = F, A y 4 ' P - rch 19•, 03 IteFh 8.2 Page 19 of 63 PROPOSED HISTORIC AND SCENIC PRESERVATION ORDINANCE CITY OF LAKE ELSINORE RIVERSIDE COUNTY CALIFORNIA Prepared by the ELSINORE VALLEY COMMUNITY DEVELOPMENT CORPORATION John Matson, President June 1990 4k+t' PC March 19, 2013 Item No. 2 Page 20 of 63 TABLE OF CONTENTS SECTION I: Title SECTION II: Purpose and Intent SECTION III: Definition SECTION IV: Historic and Scenic Preservation Commission Established SECTION V: Members SECTION VI: Procedure SECTION VII: Powers and Duties SECTION VIII: Nomination and Designation Program for Historic Resources SECTION IX: Application to Historic and Scenic Preservation Commission for Certificate of Appropriateness and Certificate of Hardship SECTION X: State Historic Building Code SECTION XI: Preservation Easements SECTION XII: Building Permit Waiver SECTION XIII: Maintenance and Repair SECTION XIV: Right of Review by City Council SECTION XV: validity SECTION XVI: Penalties SECTION XVII: Effective Date SECTION XVIII: Publication PC March 19, 2013 Item No. 2 Page 21 of 63 ORDINANCE NO. 1954 AN ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING RULES AND REGULATIONS GOVERNING THE DESIGNATION, PRESERVATION AND PERPETUATION OF HISTORICAL AND SCENIC PROPERTIES. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: I SECTION I Title This ordinance shall be known as the "Historic and Scenic Preservation Ordinance of the City of Lake Elsinore." SECTION II Purpose and Intent The City of Lake Elsinore hereby finds, determines, and declares: (a) That the State Legislature of California has recognized the value of identifying, protecting, and preserving places, buildings, structures and other objects of historical, aesthetic, and cultural importance and has empowered cities to adopt regulations and incentives for the protection, enhancement, perpetuation and use of such places, buildings, structures and other objects. (b) That the City of Lake Elsinore possesses many distinctive places, structures, and neighborhoods; beautiful trees, gardens and streetscapes; public parks, scenic areas and urban design features (all herein referred to as "resources ") that enhance its value as an attractive and delightful community in which to live and work. (c) That certain of these resources are of cultural, aesthetic or historical significance and value because of age, architectural style, aesthetic appeal, or association with local history. (d) That by preserving these resources Lake Elsinore shall contribute to the livability and beauty of the community, stimulate economic revitalization, foster architectural creativity, increase neighborhood stability and conservation; reinforce the distinctive character of the community, add to the community's understanding of its history and connection with the life and values of the past; and ensure that Lake Elsinores' cultural, historical and architectural heritage will be imparted to future generations. (e) That shifts in population and in the economy, changes in the way people live and changes in land use threaten to destroy these irreplaceable and desirable resources. Construction and PC March 19, 2013 Item No. 2 Page 22 of 63 alterations of inferior quality and appearance are also a threat. (f) That the adoption of reasonable and fair regulations is necessary as a means of recognition, documentation, preservation and maintenance of resources of cultural, aesthetic or historical significance. This ordinance is intended to carry out the goals and policies of the Historic and Scenic Preservation Element of the Lake Elsinore General Plan. SECTION III Definitions Alteration: Alteration means any permanent exterior change in a historic resource. Adaptive re -use: Adaptive re -use means converting a building to a use other than that for which it was designed. Applicant: An applicant is any person who applies for designation of a nominated resource or for a Certificate of Appropriateness or Certificate of Hardship. Archeology: Archeology means the study of ancient peoples and customs as shown by monuments, sites, implements, inscriptions and relics. Certificate of Appropriateness: A Certificate of Appropriateness is the permit granted after review by the Historic and Scenic Preservation Commission of applications to alter, demolish, move, or subdivide a historic resource or for new construction on the site of a historic resource. Certificate of Hardship: A Certificate of Hardship is a permit to alter, move or subdivide granted by the Historic and Scenic Preservation commission because of extreme privation or adversity and in accordance with the procedure and findings in this ordinance. Commission: Commission refers to the Historic and Scenic Preservation Commission. Day: Calendar day, including all weekend days and holidays. Demolition: Demolition is the act or process of wrecking or destroying, specifically destruction of a historic resource or a mjaor portion of a historic resource, including natural features, trees, agricultural areas as well as exterior architectural features. Design Guidelines: Design Guidelines are principles contained in a document which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using Design Guidelines is to help decision - making with regard to retaining the scale, pattern and historical character of a PC March 19, 2013 Item No. 2 Page 23 of 63 structure or district. Design Guidelines are contained in the book entitled, City of Lake Elsinore Historic and Scenic Preservation Design Manual. Designation: Designation is the act of selecting in accordance with the criteria in this ordinance an historic resource for official city status as significant by the Historic and Scenic Preservation Commission and the City Council. District: A district is a general term referring to historic and /or scenic and urban conservation districts. Historic and /or Scenic District: A historic and /or scenic district is a significant neighborhood, agricultural or passive recreational open space, an enclave or collection of historical buildings, the majority of which are 50 years or older, that may have been part of one settlement, architectural period, or era of development. A historic and scenic district has both historic and scenic value. History Property: A historic property is a separate structure or site fifty years old or older that has significant historic, architectural, or cultural value but is not a landmark. Historic Resource: A historic resource is a general term that refers to areas, districts, streets, places, buildings, structures, outdoor works of art, natural or agricultural features and other objects that have or may have special historical, cultural, archeological, architectural, community or aesthetic value and are 50 years old or older. Intrusion: An intrusion is a building or structure that does not fit into and detracts from a historic area because of inappropriate scale, materials, landscaping or other such characteristics. Landmark: A landmark is a building, site, or area with exceptional importance or character or exceptional historical or aesthetic interest or value as part of the development, heritage, or cultural characteristics of the city, state, or nation. Nominated Resource: Nominated resources are those structures, buildings, places, urban design features and other objects that have been identified in a preliminary survey prepared by the Commission. Preliminary Survey: A preliminary survey is an informal determination by the Commission that a resource is of potential significance as a historic resource. Such resources are to be kept on a list by the Historic and Scenic Preservation Commission. Preservation Officer: The preservation officer is the person designated by the Administrator of the Community Development Department to serve as staff to the Historic and Scenic PC March 19, 2013 Item No. 2 Page 24 of 63 Preservation Commission and to coordinate Lake Elsinores' historic presevation programs. Register of Historic and Scenic Resources: The Register of Historic and Scenic Resources is the official city list of all designated historic resources. Survey: The survey is the accepted method of systematically studying historic resources. It includes a physical description and a photograph of each historic resource, legal information from title or assessment records, statements of significance according to the criteria in this ordinance and a statement of any threat to the integrity or continued existence of the resource. The information for each resource is recorded on a survey sheet. Urban Conservation District: An 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. SECTION IV Historic and Scenic Preservation Commission Authorized A Historic and Scenic Preservation Commission is hereby authorized to make recommendations, decisions, and determinations concerning the designation, preservation, protection, enhancement and perpetuation of these historical, scenic and cultural resources which contribute to the culture and aesthetic values of the City of Lake Elsinore. SECTION V Members The following regulations shall apply to the membership and organization of the Historic and Scenic Preservation Commission: (a) Numbers of Members: The Historic and Scenic Preservation Commission shall consist of nine (9) members. (b) Members: Lake Elsinore Citizens at Large: Eight (8) members of the Commission shall be appointed by the City Council from city residents at large who have demonstrated that they have knowledge of and long- standing interest in the preservation of historic resources. Current members shall continue to serve their terms. (c) Term: Members from Lake Elsinore Citizens at Large: Members of the Commission appointed from the Lake Elsinore citizens at large shall serve for terms of four (4) years. PC March 19, 2013 Item No. 2 Page 26 of 63 SECTION VI Procedure The following regulations shall govern the procedural matters of the Historic and Scenic Preservation Commission: (a) Officers: The Commission shall, at its first regular meeting in January, elect a Chairperson and such other officers as the Commission may deem advisable. (b) Internal Rules and Regulations: The Historic and Scenic Preservation Commission shall adopt such rules and regulations for its own organization as are necessary to carry out the purpose and intent of this section; and shall designate the time and place for the meetings of the Commission. (c) Regular Meetings: Minutes. The Historic and Scenic Preservation Commission shall keep records of all its actions and proceedings and shall have regular meeting dates. Meetings shall be tape recorded; tapes shall be kept for at least 12 weeks. (d) No Compensation: The members of the Historic and Scenic Preservation Commission of the City of Lake Elsinore shall serve without monetary compensation. SECTION VII Powers and Duties The powers and duties of the Historic and Scenic Preservation Commission are as follows: (a) Conduct or cause to be conducted a survey of structures, buildings, places, scenic areas, urban design features, and objects (resources) for the purpose of identifying those of cultural, aesthetic or historical significance. (b) Recommend, in accordance with the criteria set forth in Section VIII, the designation of landmarks, historic properties, historic and scenic districts, and urban conservation districts to the City Council. (c) Compile and maintain a list of nominated resources and a current local register of all properties designated as historic resources. (d) Approve, approve conditionally, or deny applications for Certificates of Appropriateness and Certificates of Hardship for designated or nominated resources pursuant to Section IX. (e) Review and send comments to the appropriate commission about proposed general plan and zoning text and map changes, municipal improvements, and housing and redevelopment plans that have bearing on the protection, maintenance and enhancement of designated or nominated resources. PC March 19, 2013 Item No. 2 Page 26 of 63 (f) Endeavor to promote public interest in and understanding of historic, cultural and aesthetic resources and their preservation. (g) Consult with and advise public officials and agencies; civic educational, professional and other agencies; and with citizens generally in relation to the preservation of these resources and to serve as liaison between the city and historical organizations. (h) Undertake educational programs and activities in order to teach community members methods to maintain and rehabilitate Lake Elsinores' historic resources. (i) Advise the City Council regarding eqasements, other less - than -fee interest in property, and development agreements for the purposes of preservation of resources. (j) Seek out information and advise the City Council regarding the availability and utilization of gifts or special funds from federal, state and private sources. (k) Make recommendations to the City Council in order to provide technical expertise necessary to carry on the functions of the Commission. (1) From time to time to issue commendations to owners of historic resources who have rehabilitated their property in an exemplary manner. (m) Ensure that historic preservation is coordinated with other city activities. (n) Acquire facade-easements and monitor them. (o) Submit a budget to the City Council and make recommendations regarding the hiring of staff. SECTION VIII Nomination and Designation Program for Historic Resources The Commission shall undertake to establish and maintain a list of nominated resources that have been identified in a preliminary survey. An individual who presents documentation equal to that collected in the preliminary survey may request that resource be placed on the list. This list may include single structures or sites, portions of structures, urban design features, man -made or natural landscape elements, or works of art that are 50 years old or older. Districts may not be placed on the list. A nominated resource may be designated a landmark or historic PC March 19, 2013 Item No. 2 Page 27 of 63 property and a district may be designated a historic and /or scenic or urban conservation district by the City Council after public hearings and a recommendation by the Historic and Scenic Preservation Commission. In determining the category for a resource, the Commission shall refer to the definitions, Section III. (a) Criteria for Designation The criteria, any one of which may be used to determine such designation, are as follows: (1) It has significant character, interest, or value as part of the development, heritage or cultural characteristics of the City of Lake Elsinore, State of California, or the United States. (2) It is the site of a significant historic event. (3) It is strongly identified with a person or persons who significantly contributed to the culture, history or development of the City of Lake Elsinore. (4) It is one of the few remaining examples in the City of Lake Elsinore possessing distinguishing characteristics of an architectural type or specimen. (5) It is a notable work of an architect or master builder whose individual work has significantly influenced the development of the City of Lake Elsinore. (6) It embodies elements of architectural design, detail, materials, or craftsmanship that represents a significant architectural innovation. (7) It has a unique location or singular physical characteristics representing an established and familiar visual feature of a neighborhood, community, or the City of Lake Elsinore. (8) It has unique design or detailing. (9) It is a particularly good example of a period or style. (10) It contributes to the historical or scenic heritage or historical or scenic properties of the City of Lake Elsinore (to include, but not limited to landscaping, light standards, trees, curbings, and signs). (11) It is located within a historic and 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 PC March 19, 2013 Item No. 2 Page 28 of 63 physical development. (b) Designation of Historic Resources (1) Designation of nominated resources and designation of districts shall take place in accordance with the procedures in this section. (i) No nominated resource shall be altered, moved, demolished, subdivided or otherwise permanently change until eligibility for designation has been determined or the designation process has been initiated in accordance with this section and a Certificate of Appropriateness, if applicable, has been secured. (ii) Any person or group may request the designation of a nominated resource or 10% of the property owners in a potential district may request the designation of a historic and /or scenic or urban conservation district by submitting an application for such designation to the Commission on forms prescribed by the Commission. 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) The Commission shall schedule a public hearing as soon as feasible but not less than twenty -one (21) days after the filing of the application. Notice shall be published in a newspaper or general circulation not less than ten (10) days before the date set for the Commission hearing. The notice shall be filed with the City Clerk and mailed to the applicant and owner. (4) In the case of a proposed landmark or historic property, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicants, owners, and occupants of the improvement at least 10 days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a daily newspaper of general circulation. (5) In the case of a proposed historic and /or scenic or urban conservation district, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant and owners of all properties within the proposed district at least 10 days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised five consecutive days in a daily newspaper of general circulation. Notices shall be posted every 300 feet within the proposed district. An area is not eligible for designation if more than 49% of the property owners as shown on the last equalized assessment rolls within the PC March 19, 2013 Item No. 2 Page 29 of 63 potential district object in writing to the proposed designation. Such objection shall be dated and signed by the objectors and filed with the Commission. (6) At the conclusion of the public hearing for the designation of a proposed landmark, historic property, historic and /or scenic district, or urban conservation district, the Commission shall recommend to the City Council in writing approval in whole or in part, or disapproval in whole or in part of the proposed designation stating the findings of fact and the reasons for its recommendtion based on the report and information brought out at the public hearing. (7) Following receipt of such report, the City Council shall within 45 days consider at a noticed public hearing, the designation by resolution of each property recommended for designation by the Commission. (8) Following such designation by the City Council, the City Clerk shall within thirty (30) days cause to be recorded in the office of the County Recorder notice that such property has been designated and placed on the City's Register of Historic and Scenic Resources. Following the recordation of such notice, such property shall be subject to all the provisions of the Lake Elsinore Historic and Scenic Preservation Ordinance. If the City Council decides not to designate a property, it may review the proposed designation again after one year, sooner if there are substantial changes in the application. (9) The Historic and Scenic Preservation Commission may effect the amendment or rescission of any designation in the same manner and procedure as was followed in the original designation. (c) Design Guidelines Following designation, the provisions of Lake Elsinores' Design Guidelines shall apply to landmarks, historic properties, historic and /or scenic districts and urban conservation districts. Thereafter, any alteration, improvement, subdivision, lot split, demolition or moving of any historic resource or sign associated with a historic resource shall be subject to the review of the City of Lake Elsinore in accordance with Section IX of this ordinance. The purpose of this review is to retain buildings and their features as well as features of the site, and streetscape and landscape features which are important in defining the historic character of the property or district. The Design Guidelines contain recommendations for making exterior changes to historic resources and are intended to be interpreted most strictly for landmarks and more broadly for urban conservation districts. PC March 19, 2013 Item No. 2 Page 30 of 63 SECTION IX Application to Historic and Scenic Preservation Commission for Certificate of Appropriateness and Certificate of Hardship. (a) Certificate of Appropriateness for alterations, new construction, subdivision, lot splits and signs. (1) A Certificate of Appropriateness issued by the Commission or the Preservation Officer is required for any exterior alteration to any designated historic resource, for new construction on the site of a designated historic resource, and for a lot split or subdivision of a historic resource. A Certificate of Appropriateness shall be required to erect, alter or relocate any sign which is in a designated district or associated with a designated structure. New construction in a historic and /or scenic district shall also require a Certificate. The Community Development Department shall direct applicants for building permits and sign permits for designated and nominated resources to apply for a Certificate of Appropriateness from the Commission through the Preservation Officer. A nominated resource need not be designated before a Certificate of Appropriateness can be granted. No building, alteration, subdivision, demolition or removal permits for any exterior improvement, sign, building or structure within a proposed district or relative to a proposed historic resource shall be issued while the public hearing for designation or any appeal related thereto is pending except where a Certificate of Appropriateness has been secured. (2) Applicants are encouraged first to consult with staff about using the Design Guidelines before submitting a formal application. Any application for a Certificate of Appropriateness shall be made on a form prescribed by the Preservation officer and shall be accompanied by a fee set by resolution of the City Council. The application shall include the information required by the Preservation officer, including but not limited to elevation drawings of the proposed alterations, samples of proposed colors and materials, plan view for new construction, and color photographs of all sides of any existing structures on the site. (3) The Preservation Officer shall use a "preservation check list" to determine if the proposal is minor or major, and shall use the Design Guidelines to determine if the proposal is compatible with the existing resource and surrounding resources. All requests for new construction, subdivision, lot splits, demolitions, or moving of a historic resource shall be considered major except in urban conservation districts. Applications for a Certificate of Appropriateness for major alterations shall be reviewed by the Commission. (4) Certificates of Appropriateness for minor improvements where proposed work does not adversely affect the exterior architectural features of the historic resource nor adversely affect the character or historical, architectural, or PC March 19, 2013 Item No. 2 Page 31 of 63 aesthetic interest or value of the resource and its site, may be approved by the Preservation officer. Alterations in urban conservation districts may be approved by the Preservation officer except that major alterations to designated landmarks and historic properties within an urban conservation district shall be reviewed by the Commission. The Preservation officer shall inform the Commission in writing of decision regarding minor alterations. All such decisions go into effect within ten (10) days following presentation to the Commission unless appealed or called up for review by the Commission or City Council. (5) The Preservation officer will determine whether the application involves a land use decision. If so, the application will be forwarded to the Planning Commission for recommendation prior to Commission consideration. (6) The Commission shall hold a public hearing on all applications for Certificates of Appropriateness referred to after notice is given in the same manner as Section VIZ (b) (4). (7) Using the Lake Elsinore Design Guidelines, the survey, the designation report, and the Preservation officer's Report, the Commission shall review any major alterations, appeals of staff determinations, and subdivisions, lot splits and new construction within historic and scenic districts and make a determination with due speed to approve, approve conditionally, or deny the Certificate of Appropriateness. Approval requires finding that the action proposed is consistent with this ordinance and will not be detrimental to a historic resource, or that the action is necessary to correct an unsafe or dangerous condition pursuant to Section XII (a). In case of hardship, the applicant may apply for a Certificate of Hardship pursuant to Section IX (d). A report of the action taken or determination made shall be forwarded to the City Council and a copy of the decision sent to the applicant by mail and, if appropriate, the the City departments responsible for issuing necessary permits. The commission's decision shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. (8) The applicant or others may appeal the Preservation officer's decision to the Commission, or a Commissioner or City Council member may call it up for review within 10 days of the Commission's receipt of the decision. The applicant or others may appeal the Commission's decsion to the City Council within 10 days. Appeals shall be made on a form prescribed by the Commission and filed with the City Clerk. (9) The building inspector shall issue the permit applied for provided that all requirements of City and State Codes, including the Historical Building Code, are met. If the Commission PC March 19, 2013 Item No. 2 Page 32 of 63 fails to consider an application for .a Certificate of Appropriateness within 60 days of the date of submission of the application, the building inspector shall issue the building permit. If an appeal to the City Council is filed within 10 days from the date of a Commission decision on an application, no permit shall be issued until the outcome of the appeal is determined by the City Council. (10) After the permit has been issued, the Administrator of the Community Development Department or his /her designee shall, from time to time, inspect the work approved by the Commission in order to assure compliance. If the work is not being performed in accordance with the Certificate of Appropriateness, a stop work order shall be issued and all work shall cease. (11) A Certificate of Appropriateness shall become void unless construction is commenced within 18 months of the date of issuance. Certificates of Appropriateness may be renewed for a 36- month period by applying to the Preservation Officer. If the project is not completed within 36 months after the expiration of the last building permit, a new Certificate of Appropriateness shall be required to complete work. (12) Any change in the scope of the work which is determined to be a major alteration which occurs subsequent to the issuance of a Certificate of Appropriateness shall require issuance of a new Certificate of Appropriateness. Certificates of Appropriateness for minor alterations shall be issued at the discretion of the Preservation Officer upon the request of the applicant. (b) Moving A Certificate of Appropriateness for moving of a designated structure shall be granted if the applicant produces evidence to the satisfaction of the Commission that the following findings can be made: (1) The moving will not have a significant effect on the applicable goals and objectives of the Historic and Scenic Preservation Element of Lake Elsinores' General Plan and on the implementation of this ordinance. (2) The structure in its original setting is of such interest or quality that it would reasonably meet federal or state criteria for designation as a historic landmark and thus should be retained in that setting. (c) Demolition A Certificate of Appropriateness for the demoliton of a designated structure shall be granted if the applicant produces evidence to the satisfaction of the Commission that all of the following findings can be made: PC March 19, 2013 Item No. 2 Page 33 of 63 (1) The demolition will not have a significant effect on the applicable goals and objectives of the Historic and Scenic Preservation Element of Lake Elsinores' General Plan and on the implementation of this ordinance. (2) The structure is not of such unusual design, texture or materials that it could not be reproduced or could be reproduced only with great difficulty and expense. (3) The structure is not of such interest or quality that it would reasonably meet federal or state criteria for designation as a historic landmark. (4) Conversion to a new use (adaptive re -use) permitted by right under current zoning or with a Conditional Use Permit, rehabilitation, or some other alternatives for preserving the structure is not feasible. A delay of up to 180 days may be permitted to determine the feasibility of alternatives. During this time the Commission may consult with civic groups, public agencies and interested citizens. A Certificate of Appropriateness shall take effect upon approval of a new structure either by the Planning Commission or the Building Department. Determination, appeal and permit procedures are the same as those in Section IX, (a). Structures identified as intrusions into historic or urban conservation districts do not need a Certificate for demoliton or moving. (d) Certificate of Hardship A Certificate of Hardship permitting demolition, moving, subdivision, a lot split, new construction or alteration which has been denied a Certificate of Appropriateness may be granted under the conditions described herein. Applications shall be made in a form prepared by the Preservation Officer and the same procedure for public notice, public hearing and appeal as for a Certificate of Appropriateness shall apply. A Certificate of Harship shall be granted only if the owner(s) of the designated property in question can produce evidence to show that: (1) reasonable use or return on the property is not possible under the conditions of the Certificate of Appropriateness; and (2) Alternative plans which would be in keeping with the interest of this ordinance are not feasible. The Commission may delay the decision on the application for a period not to exceed 90 days to investigate plans to allow for a reasonable use of or return from the property or other measures PC March 19, 2013 Item No. 2 Page 34 of 63 to preserve the property, including selling the property to an individual or group that would preserve it. The Commission shall review the evidence and make a written finding, stating the facts and reasons behind the decision.l It shall notify the applicant by mail of the acceptance or denial of the Certificate of Hardship. SECTION X State Historic Building Code The State Historic Building Code provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as Historic Resource Buildings. The Historic Building Code, Part 8 of the Uniform Building Code, shall be used for any Historic Resource through the City's building permit procedure. SECTION XI Preservation Easements Preservation easements on the facades of buildings designated as a Historic Resource may be acquired by the City or non- profit group through purchase, donation or condemnation pursuant to California Civil Code 815. SECTION XII Building Permit Waver The City may waive building permit fees for a Historic Resource Building if construction costs for structural changes are predicted to be less than Ten Thousand Dollars ($10,000), and a prorated reduction of fees for projects over ten thousand dollars ($10,000) . SECTION XIII Maintenance and Repair (a) This ordinance shall not be construed to prevent the ordinary maintenance or repair of exterior architectural features, walls, landscapes, etc. in or on any designated property that does not involve a change in design, materials or extenral appearance thereof, nor does this ordinance prevent the construction, reconstruction, alteration , restoration, demolition or removal of any such feature when the Planning and Community Development Department certifies to the Council that such action is required for the public safety due to unsafe or dangerous conditions which cannot be rectified through the use of the California Historical Building Code. (b) It shall be the responsibility of the owner of a designated resource to maintain in good repair the buildings, walls, and landscaping in order to prevent deterioration of exterior architectural and scenic features. In order to prevent PC March 19, 2013 Item No. 2 Page 35 of 63 demolition by neglect the city may repair a historic resource and treat the cost of repairs as a lien against the property. SECTION XIV Right of Review by City Council Any member of the City Council may initiate proceedings for review of any decision by the Historic and Scenic Preservation Commission granting or denying an application pursuant to the procedures outlined in Section IX (a) (8) above. SECTION XV Validity If any section, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The Council of the City of Lake Elsinore hereby declares that it would have passed and does hereby pass this ordinance of each section, sentence, clauses and phrases hereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION XVI Penalties _ Every person violating any provision of this Chapter shall be deemed guilty of an infraction or misdemeanor in accordance with Section 56.00 of Ordinance 1000 as amended (Zoning). SECTION XVII Effective Date This ordinance shall be in force and take effect as provided by law. SECTIOM XVIII Publication The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Lake Elsinore Valley Sun Tribune, a newspaper of general circulation printed and published in this City. PC March 19, 2013 Item No. 2 Page 36 of 63 1 1 City of Lake Elsinore Historic and Scenic Preservation Ordinance Table of Contents (A) Section I. Title Section 11. Purpose Section III. Lake Elsinore General Plan adopted December 2011 Section IV. Nomination and Designation Program for Historic Preservation Section V. Application to Historic and Scenic Preservation Commission for Certificate of Appropriateness and Certificate of Hardship. Section VI. Historic Building Code and Preservation Easements Section VII. Right of Review by Planning Commission and City Council; Appeals; and Other Duties of Planning Commission Section VIII. Historic Preservation Agreements Section IX. Building Permit Waivers including Maintenance and Repair Section X. Public Projects and Improvements Section XI. Duty to Maintain and Repair Historic Resources. Section XII. Violations and Enforcement PC March 19, 2013 Item No. 2 Page 37 of 63 City of Lake Elsinore Historic and Scenic Preservation Ordinance Table of Contents (B) Section I. Title This ordinance shall be known as the "Historic and Scenic Preservation Ordinance of the City of Lake Elsinore ". Section U. Purpose The City Council finds and declares that the City possesses many distinctive structures, beautiful trees and gardens, public parks and other scenic and aesthetic qualities that enhance its value as an attractive community as well as noted individuals that have contributed to the historic relevance of the City sand surrounding communities. Section Ill. Lake Elsinore General Plan adopted December 2011 The City Council shall establish a listing of historic resources. The intent of this section is to provide a local register comparable with the California Register and National Register, with similar criteria, definitions and considerations. A site, improvement or natural feature shall be eligible for listing on the Preservation Inventory as a heritage property if the Planning Commission finds that all of the criteria are satisfied. An official survey describing the features, merits and quality of the site, improvement or natural feature has been prepared The site, improvement or natural feature is identified as a potential resource to be conserved because of its age and either its context in the neighborhood, its association with a historic event or period or its significance to the architectural, engineering, scientific, economic, agricultural, educational, cultural, social, artistic, political or military history of Lake Elsinore. Section IV. Nomination and Designation Program for Historic Preservation Section V. Application to Historic and Scenic Preservation Commission for Certificate of Appropriateness and Certificate of Hardship. Section VI. State Historic Building Code and Preservation Easements Section VII. Right of Review by Planning Commission and City Council; Appeals; and Other Duties of Planning Commission PC March 19, 2013 Item No. 2 Page 38 of 63 Section VIII. Historic Preservation Agreements The City may establish incentives to encourage owners to designate maintain, preserve and improve historic resources. The incentives may include building permit waivers and those set forth in the General Plan. It is recommended that the City adopt the Mills Act. Section IX. Building Permit Waivers including maintenance and repair The Building Code official shall apply the State Historic Building Code in issuing any permit, entitlement or approval for any alteration of a historic resource for the purpose of preserving, rehabilitating, relocating or continuing use of the historic resource. The State Historic Building Code shall be applied as provided in this section to the extent it does not result in an unsafe condition as determined by the Building Official. Nothing in this section shall prevent the construction, alteration, repair, restoration, stabilization or demolition of a historic structure if the Building Official has determined the historic resource creates an unsafe or dangerous condition that is an immediate threat to public health or safety and the proposed action is necessary to mitigate the unsafe or dangerous condition. Prior to issuing a permit for any action authorized under this section, the Building Official shall make all reasonable efforts to consult with the Planning Department and Code Enforcement Division to determine if there are feasible alternatives to the proposed action that will adequately protect the public and safety. Section X. Public Projects and Improvements Section XI. Duty to Maintain and Repair Historic Resources. Section XII. Violations and Enforcement Any person who violates this chapter, or who fails to comply with a condition of permit, entitlement or approval issued in accordance with this chapter, shall be guilty of a misdemeanor. Any person who alters, relocates or demolition an historic resource in violation of this chapter shall be guilty of a misdemeanor and shall be required, at that person's sole cost and expense, to restore the historic resource and any site, improvement, natural feature or portion thereof that contributes to the characteristics of the historic resource to its condition prior to such alteration, relocation or demolition. PC March 19, 2013 Item No. 2 Page 39 of 63 Certified Local Govemment Program (CLG) ✓� Pagel of 2 Search OHP PROGRAMS Certified Local Government Program (CLG) Ri d 3 people raommria this. Sign Up to see what your (lops ravmmeM. 2012 -2013 CLG GRANT AWARDS Each year OHO subgrants a minimum often percent of California's yearly allocation of federal funds, received through the Historic Preservation Fund Grants Program, to certified local governments through a competitive process. This year CHIP received 12 grant applications requesting $254,148 and has selected ten local governments to receive grants totaling $182,500 for Me following historic preservation planning projects' Los Angeles, $12,50 to develop a historic context statement for historic resources associated with the Chinese American community. This project is a component of the multi -year citywide SurveyLA endeavor. Monterey, $20,00 to develop design guidelines for Monterey Old Town National Historic Landmark District, building on the historic context statement and intensive survey of the Monterey Old Town National Historic Landmark District funded by a 2010 -2011 CLG grant. Monterey County, $22, WO to develop a historic context statement for Pebble Beach. The county has identified this as a preservation charity because of me rapid demolition of historic homes in the area. Pasadena, $22,500 to develop a small phone application that will guide users to historic sites in their vicinity and extant walking and driving tours, and allow them to access online data about Pasadena's historic resources. Riverside, $22,50 to complete a citywide intensive sunny of significant resources from the city's Modernist period of significance, 1935 -1969, building on the Modernism Historic Context Statement funded.by a 209 -2010 CLG grant. San Clemente, $20,000 to prepare a historic structure report for the Miramar Theater and Bowling Alley, two of San Clemente's most iconic buildings. The report is the first step leading to lorg -term preservation and reuse of the properties. San Francisco, $22,500 to develop a historic context statement and design guidelines for the storefronts of commercial buildings constructed from the 18706 to 1965 that line the arteries of msidim al neighborhoods. San Luis Obispo, $22,500 to develop a comprehensive citywide historic context statement that addresses the city's development from the Spanish/Mission era through Mid- Century. Sausalito, $12,500 to develop a dlywide historic context statement with an emphasis on the eight historic neighborhoods identified in Sausalito's General Plan. Ventura, $5.00 to update the city's historic preservation website and update the permit process guide in both English and Spanish as part of the city's preservation education and public outreach campaign, launched in conjunction with the 10th anniversary of City Hall. The 1980 amendments to the National Historic Preservation Act 011966, as amended, provided for the establishment of a CLG program to encourage the direct participation of local governments in the identification, evaluation, registration, and preservation of historic properties within their jurisdictions and promote the integration of local preservation interests and concerns into local planning and docision- making processes. The CLG program is a partnership among local governments. the State of California -OHP, and the National Park Service NIPS) which is responsible for adminislerng the National Historic Preservation Program. NPS CLG Information What are the requirements to be a CLG? Enforce appropriate state and local laws and regulations for the designation and protedion of historic properties, Establish an hislonc preservation review commission by local ordinance; Maintain a system for the survey and inventory of historic properties; Provide for public participation in the local preservation program, and Satisfactoniy perform responsibitities delegated to it by the state, More How can a local government get Certified? http: / /ohp.parks.ca.gov / ?page_id =21239 TOOLS PARTNERS COMMISSION `g) Related Pages Local Government Assistance ..... _. _ ...... CLG Grant Program CLG Program Q bt A .. ___. ...__.... _...... _..... .__...___. Historic Contexts & Surveys for Local Planning _ . _... _ _... _. _ - - - - -- --- . _ _. _.. ...... Historic Preservation Elements Local Ordinances ------------------------------ _ ----- _.- - -.'- WHY BECOME A CERTIFIED LOCAL GOVERNMENT (CLG)? STAFF CONTACTS Lucinda Woodward, Supervisor State Historian III Ordinances, General Plans, CLG Coordinator 916-045 -7028 Amanda Blosser State Historian II CEQA/Presenm America/Main StreeOCLG Coordinator 916 445 -7048 Shannon Lauchner State Historian 11 HUD - Section 10 /Mills AcOCLG Coodinaor 916 -045 -7013 Marie Nelson State Historian II Surveys 8 ContextVCLG Coordinator 916A45 -7042 CALIFORNIA CLGs CLGs Contacts (Updated 10 July 2012) CLG Annual Reports due January 31, 2013 2011 -2012 Annual Report Template ( WORD) CLG Commissioner Qualifications Form (PDF) CLG GRANT PROGRAM CLG Grants Manual and Supporting Documents CLG APPLICATION CLG Application and Procedures Link to National Park Service CLG Information PC March 19 2013 Item No. 2 10/17/096Z 40 of 63 Certified Local Government Program (CLG) Page 2 of 2 Any general purpose political subdivision with lard-use authority is eligible to became a CLG. A local government may apply to became a CLG by submitting an application, signed by the chief elected official of the applying kxal government, to OHP. If the applicant meets the criteria, CHIP will forward One application and recommend certification to the NPS who makes the final cerircation decision. When the HIPS is in agreement with OHP's recommendation, a cedification agreement is signed by OHP and the local government. completing the cedi ication process. It is the local government that is certified not simply the preservation commission. Certified Local Government Application & Procedures Manual Why become a CLG? Mat's in it for the local jurisdiction? My would you want to associate your local preservation program with state and federal programs? Would you be gwirg up autonomy? Answers CLG LISTSERV CALCLG -L is maintained by the California State Office of Historic Preservation and is one of the ways we disseminate CLG program iMarmation and provide technical assistance to CLGS. It also serves as an open fonrm far the posting of questions by list members and discussion of issues of interest to CI-Gs. This list is open to Office of Historic Preservation staff, local government CLG coordinators , planners, members of local historical review commissions or (wards, and other local government employees or volunteers who have professional responsibilities or interests related to the Certified Local Govemment Program. Guest memberships are available to staff members of cities who are considering or in the process of becoming CLGS. Subscribe to CALCLG -L Home I Contact US I Site Map I Customer Care and Privacy Policy Back to Top I Conditions of Use I Privacy Policy Copyright ® 3013 Stale of California http: / /ohp.parks.ca.gov / ?page_id =21239 PC March 1tQ/29MItam No. 2 Page 41 of 63 MILLS ACT REPORT BY JOYCE HOHENADL FOR DECEMBER 11 2012 HISTORIC PRSERVATION AD HOC COMMITTEE 1. hi 1972 the Mills Act was established under which participating local governments enter into contract with owners of historic properties who agree to rehabilitate and maintain their properties. In exchange, the homeowners receive 40% to 60% savings, and sometimes more, on their property taxes. The intent of the tax break is for homeowners to use the savings to keep their properties in mint condition. As a bonus, sellers of homes with Mills Act agreements can transfer the contracts to the new owners. 2. Each local government establishes their own criteria and determines how many contracts they will allow in their city. The Office of Historic Preservation, Mills Act Staff Contact is Shannon Lauchner, Mills Act1CLG Coordinator, State Historian II, 916- 445 -7013 for information to local governments. Also, contact the State Board of Equalization and Calif. Government Code, Article 12, Sections 50280 - 50290. The State Board of equalization has provided guidelines for county assessors for use in assessing properties under the Mills Act. (Contact the Planning Dept. or Community Development Dept. of your local government and ask them to consider adopting the Mills Act Program.) In addition, in the City of Norco's Historic Preservation Ordinance, Chapter 20.35 Preservation Incentives it states "that the city council may establish a Mills Act Program and the application process, review procedures, and required contract provisions for Mills Act agreements shall be established by separate resolution of the city council and shall be implemented by the Cultural Resources Administrator or his/her designee ". 3. A qualified historic property is a property listed on any federal, state, county or city register. Owner- occupied family residences and income - producing commercial properties may qualify for the Mills Act program, subject to local regulations. 4. I printed out a list of 63 cities who have adopted the Mills Act, which are many in the State of Calif, including two in Riverside County: Corona and Palm Springs. Also, they either have a Historic Preservation Ordinances or a Certified Local Government Ordinances. Local governments have adopted the Mills Act because they recognize the economic benefits conserving resources and reinvestment as well as the important role historic preservation can play in revitalizing older areas, creating cultural tourism, building civic pride and retaining the sense of place and continuity with the community's past. (Words verbatim from the Mills Act Property Abatement Program). Each local government establishes their own criteria and determines how many contracts they will allow in their jurisdiction, 6. The owners, after receiving approval, enter into an initial 10 -year contact with the municipality. The contract is automatically renews each year. Property owners agree to restore, maintain and protect the property in accordance with specific historic preservation standards and conditions identified in the contract. Periodic inspections by the city or county officials ensure proper maintenance of the property. Local authorities may impose penalties for breach of contract or failure to protect the historic property. 7. Applicants could get the applications from our Planning Dept. PC March 19, 2013 Item No. 2 Page 42 of 63 ma r Cq O p U o F4 g 0 O � W W W w w. Ir - PC March 19, 2013 Item No. 2 Page 44 of 63 cl. 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