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HomeMy WebLinkAboutORD 1002ORD 1002pT3(ÌìÀú ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 17.58 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO HISTORIC RESOURCES, AND DECLARING THIS TO BE AN URGENCY MEASURE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: II SECTION 1. That Chapter 17.58, Historic Resources consisting of Section 17.58.010 through 17.58.240, inclusive, is hereby added to Title 17 of the Baldwin Park Municipal Code, which shall read as follows: ARTICLE I. Introduction 17.58.010 Short Title The provisions of this Chapter shall be referred to as the Baldwin Park Historical Resource Code." 17.58.020 Purpose The City Council declares that the recognition, protection and use of historic resources are required in the interest of the public peace, health, safety, prosperity, social and cultural enrichment, and general welfare. The purpose of this Chapter is to: A. Safeguard the heritage of the City by protecting designated buildings and structures which reflect the City's cultural history; and B. Encourage public understanding and involvement in the unique heritage of the City and C. Strengthen civic pride in the beauty and notable accomplishments of the past; and D. Protect and enhance the City's attractions to residents and visitors and to support and stimulate business and industry; and E. Enhance the visual and aesthetic character of the City; and F. Promote the use of historic buildings, structures and historic districts; and G. Project and safeguard the property rights of the owners whose property is declared to be a historic building or structure or is located in an area designated as a Historic District. BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1002 Page 2 17.58.030 Definitions The following words and phrases shall be defined as set forth in this Section, for the purpose of this Chapter. A. Alterations" means any change in a building or structure; and B. Applicant" means any person who applies for a Permit to perform work on a designated Historic Building or a building or structure located within a Historic District; and C. Architectural feature" means the element of the design of a building or structure embodying the style, general arrangement, and components on the outer surface thereof, including, but not limited to, the kind, color, texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such building or structure; and D. Commission" means the Planning Commission of the City; and E. Committee" means the History Resources Advisory Committee; and F. Council" means the City Council of the City; and G. Demolition Permit" means a permit issued pursuant to this Chapter to allow the demolition of a Historic Building or any building or structure located in a Historic District; and H. Director" means the Director of Community Services; and I. Historic Building" means any building or structure which has special historic, cultural, architectural or community value and which has been designated as a Historic Building pursuant to the provisions of this Chapter; and J. Historic overlay District" means a specific geographic area which contains a number of buildings or structures which have a special historical, cultural, architectural, community or aesthetic value, which has been designated as a Historic District pursuant to the provisions of this Chapter; and BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1002 Page 3 K. Secretary" means the Secretary of the Planning Commission, who, without additional compensation, shall act as the Secretary of the Historic Resources Advisory Committee; and L. Work" as used in this Chapter as to a Historic Building or any building or structure located in a Historic District, means any construction, reconstruction, rehabilitation or remodeling, with reference to such building or structure; and M. Work Permit" means a Permit issued pursuant to this Chapter, allowing work to be done on a Historic Building or a building or structure located within a Historic District. ARTICLE II. Historic Resources Advisory Committee 17.58.040 Creation The Planning Commission of the City of Baldwin Park is designated the Historic Resource Advisory Committee. 17.58.050 Duties The Committee's duties shall be to perform the functions required of it pursuant to this Chapter. 17.58.060 Powers The Committee shall have the following powers in addition to those otherwise expressly provided in this Chapter: A. To oversee a continuing survey of the City so as to recommend designation of Historic Buildings and/or Historic District; and B. To recommend to the City Council that certain areas, buildings or structures be designated Historic Buildings or Historic Districts; and C. To keep current and publish a register of Historic Buildings and Historic District; and D. To recommend to the City Council steps to encourage public understanding of and involvement in the unique architectural and environmental heritage of the City through educational and interpretive programs; and BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1003 Page 4 E. To encourage the protection, retention and use of any designated or potential Historic Buildings and/or Historic Districts; and F. To recommend and encourage the protection, enhancement, appreciation and use of structures of historical, cultural, architectural, community or aesthetic value which have not been designated as Historic Buildings but are deserving of recognition so as to emphasize their importance to Baldwin Park. The Committee may recommend to the City Council steps desirable to recognize these structures without imposing any regulations or controls upon them; and G. To encourage cooperation between cultural heritage groups, public and private; and H. Prior to the approval of a redevelopment plan, the Committee shall review the same and make any recommendations it may have to the City Council as to proposed Historic Buildings or Historic Districts within the area covered by such plan. ARTICLE III. Designation of Historic Buildings 17.58.070 Criteria for Designation of Historic Buildings A building or structure shall be designated a Historic Building if the Council finds, based upon the Committee's recommendation, one or more of the following conditions exist with reference to such building and structures: A. The building or structure proposed for designation is particularly representative of a distinct historical period, type, style, region or way of life; and B. The building or structure was connected with someone renown, important, or a local personality; and C. The building or structure is connected with a business or use which was once common but is now rare; and D. The building or structure represents the work of a master builder, engineer, designer, artist or architect whose individual genius influence his age; and BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1002 Page 5 E. The building or structure is the site of an important historic event or is associated with events that have made a meaningful contribution to the Nation, State or City; and F. The building or structure exemplifies a particular architectural style; and G. The building or structure exemplifies the best remaining architectural type of a neighborhood; or H. The construction materials or engineering methods used in the building or structure embody elements of outstanding attention to architectural or engineering design, detail, material or craftsmanship. 17.58.080 Applications Applications for designation of a building or structure as a Historic Building may be filed by the owners of the real property upon which the building or structure to which the application relates is located, or by an authorized agent, or forms furnished by the Director, which shall set forth fully the facts sufficient to justify the designation of a historic building in accordance with the provisions of this Chapter. The city Council may initiate proceedings to designate a building or structure as a Historic Building, with or without the consent of the owner thereof, by motion carried by three affirmative votes. 17.58.090 Filing Fee Each application filed by an owner shall be accompanied by a filing and processing fee in an amount as set by the City Council. Any such applicant may withdraw his or her application by filing a written request to do so at any time prior to final action thereon, provided there shall be no refund of fees. City Council initiated proceedings may be withdrawn only by order of the City Council. 17.58.100 Committee Council Hearing A. Each application or City Council initiated proceeding for designation shall be considered by the Committee at a public hearing. The time and place of each such hearing shall be set by the secretary. Any such hearing may be continued from time to time. BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1002 Page 6 B. Notice of time, place and purpose of such hearing shall be given by the Secretary, in writing, to the owner of the property proposed for designation, and to the owners of continguous properties. The secretary shall publish a notice thereof at least once in a local newspaper of general circulation, not less than ten days prior to the date of the hearing. The Secretary may also give such additional notice as deemed desirable and practicable. C. Following the hearing, the Committee shall recommend to the City Council approval or disapproval of the proposal for designation. D. Within ten days of the recommendations, the Secretary shall send a copy thereof the City Clerk. The City Clerk shall set a hearing at which the Council shall consider the recommendation of the Committee. The owner of the property shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date, together with a copy of the Committee's recommendation to the Council. 17.58.110 Adoption by Council The sole authority to declare a building or structure as a Historic Building shall be vested in the Council, in accordance with the following: A. Following the hearing referred to in Section 17.58.100, the Council shall adopt or reject the designation recommendated by the Committee. In the alternative, the Council may continue its consideration of the matter, or refer the proposed designation to the Committee for further consideration within a period of time designated by the Council; and B. Adoption of the designation of a Historic Building shall be made by resolution; and C. Within ten days of the Council's decision, notice thereof shall be mailed by the City Clerk to the record owner of the property proposed for such designation. 17.58.120 Local Official Register Resolution adopting designations of Historic Building shall collectively be known as the Local Official Register of Historic Resources. The Local Official Register shall be kept on file with the Secretary, who shall transmit copies to the City Clerk, the Director of Community Services and the Librarian of the Baldwin Park City Library. The first structure to be included in the Local Official Register BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1002 Page 7 shall be the Civic Center Auditorium located at 14447 E. Pacific Avenue. 17.58.130 Deletion of Demolished Structure When a Historic Building has been demolished pursuant to the provisions of this Chapter, the Secretary, upon notice thereof, shall cause such Historic Building to be deleted from the Local Official Register. Upon such deletion, the provisions of this Chapter shall have no further application to such property. 17.58.140 Approval of Work Permits Except as provided in Section 17.58.170, relating to demolition of Historic Buildings, no work shall be done with respect to a Historic Building unless and until a Work Permit therefor is issued pursuant to the procedures set forth in this Chapter. 17.58.150 Permit Review Process A. All applications for Work Permits shall be filed with the City upon the prescribed form, and shall contain a clear statement and description of the proposed work together with any other information deemed necessary by the Director. B. Within five working days after the Director has received a completed application, the Director shall conduct a field investigation of the site and shall review the request in accordance with such procedures as the Director may establish. If the Director determines that the proposed work will affect only the interior, or will not have more than a minor effect upon the exterior appearance of any Historic Building, the Director shall approve the Work Permit. All other applications for Work Permits shall be referred to the Committee for its determination. C. All applications for Work Permits referred by the Director to the Committee shall be set for hearing by the Committee, together with the report and recommendation of the Director, as soon as is reasonably convenient. At least five days notice thereof shall be given to the applicant and to owners of continguous property. D. No application for a Work Permit shall be approved unless the proposed work is found to be consistent with the purposes of this Chapter and not detrimental to the character or value of the Historic Building. E. The Director shall give written notice of the decision regarding the Work Permit to the applicant. BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1002 Page 8 17.58.160 Appeal Procedure A. Any decision denying an application for a Work Permit may be appealed to the Council by the property owner not later than fifteen days following the giving of notice of decision. Such appeal shall be taken by filing a written notice of appeal fee as set by the City Council. B. The City Clerk shall cause the appeal to be set for hearing before the Council expeditiously. The City Clerk shall give the appellant and all persons requesting the same at least ten days written notice of the time and place of the appeal hearing. C. Following its de novo consideration of the appeal, the Council shall approve, approve with modifications, or disapprove the application. 17.58.170 Demolition of Historic Structures A. Demolition, wholly or partially, of a Historic Building is prohibited unless the owner thereof gives the Committee one hundred and eighty 180) days prior written notice that such demolition is planned. Subject to the provisions of subsection B of this Section, no application to the City for a Demolition Permit to carry out such demolition will be accepted during said one hundred and eighty day period. Following the receipt of such notice, during the said one hundred and eighty day period, the Committee may take such steps as it determines are necessary to preserve the structure concerned. The Committee may, among other things: 1. Seek local trusts and other financial sources which may be willing to purchase the Historic Building for restoration; and 2. Publicize the availability of the Historic Building for purchase for restoration purposes; and 3. Investigate possible sites for relocation of the Historic Building; and 4. Recommend to the Council that the City purchase the Historic Building where it does not appear that private preservation is feasible. B. The Committee may waive the requirement of one hundred and eighty days prior written notice, if the action planned involves: BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1002 Page 9 1. An emergency repair to, or removing an unsafe condition of, the Historic Building; and 2. A relocation of the Historic Building to a site approved by the committee; and 3. Relief of extreme financial hardship to the owner of the Historic Building. 17.58.180 Public Agencies The Committee shall take appropriate steps to notify all public agencies and public utilities which own or may acquire property, including easements and public rights-of-way in the city, of the existence of Historic Buildings and Historic Districts. 17.58.190 Redevelopment Project Areas The provisions of a disposition and development agreement or owner participation agreement, approved and entered into by the Baldwin Park Redevelopment Agency, may contain provisions superseding the provisions of this Chapter. 17.58.200 Duty to Keep in Good Repair The owner or occupant of a Historic Building, and of all buildings or structures included within a Historic District, shall keep in good repair all of the exterior portions of such Historic Buildings and of such buildings and structures located in a Historic District, and all interior portions thereof whose maintenance is necessary to prevent deterioration or decay of any exterior architectural feature. 17.58.210 Dangerous Structures None of the provisions of this Chapter shall be construed to prevent or apply to any Work or demolition necessary to correct or eliminate the unsafe or dangerous condition of any Historic Building, or of any building or structure located in a Historic District, where such condition has been declared unsafe or dangerous by the city and where the work is necessary to correct or eliminate such condition, and has been ordered by the city. BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1002 Page 10 ARTICLE IV. Historic Districts 17.58.220 Creation Historic Districts shall be created in the same manner as property is reclassified from one zone classification to another as set forth in the code. When such a District has been so created, it shall be designated as such upon the Official zoning Map of the City, as to the properties included in such District, as an overlay zone by adding the parenthetically enclosed letter H" after the zoning symbol indicating the zone in which such property is classified. At the time such district is created, a specific set of development and design standards shall be adopted by the City Council, identifying the allowable work, improvements, permitted accessory uses, signs and other development standards which are determined to be necessary to maintain integrity of the District while allowing reasonable use of the properties therein. 17.58.230 Permitted Uses Notwithstanding the Underlying Zone Classification of properties within a Historic District, uses permitted within such District and development standards therefor shall be set forth in the ordinance establishing the District. 17.58.240 Permits Required A. No work shall be done on any building or structure located in a Historic District unless a Work Permit therefor is issued pursuant to Chapter 17.58. B. Demolition Permits shall not be issued except in the time and manner set forth in this Chapter." SECTION 2. This ordinance is hereby declared to be an urgency ordinance and shall take effect immediately upon its adoption. This ordinance is required to take effect of the City and its residents. As a statement of facts constituting the urgency, requests have been made for approval to demolish existing structures which may be of historical value. This ordinance must take effect immediately to avoid the demolition of potentially historic structures. BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05 ORD 1002pT3(ÌìÀú Ordinance No. 1002 Page 11 SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 16 day of November, 1988. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES 55: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1002 was passed and approved as an urgency ordinance at a regular meeting of the City Council on November 16, 1988, by the following vote: AYES: COUNCILMEMBER GIBSON MCNEILL IZELL LOWES MAYOR KING NOES: COUNCILMEMBER NONE ABSENT: COUNCILMEMBER NONE CITY CLERK BIB] 37651-U01 ORD-U02 1002-U02 LI2-U03 FO4404-U03 FO4464-U03 DO4471-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1002-U05 NOV-U05 16-U05 1988-U05