AN ORDINANCE OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING MASTER CASE 10-135, UNIFIED DEVELOPMENT CODE AMENDMENT 10-008, TO ADOPT A NEGATIVE DECLARATION AND AMEND SECTION 17.03.145, THE HISTORIC PRESERVATION ORDINANCE

WHEREAS, the City of Santa Clarita General Plan requires the implementation of the City of Santa Clarita Unified Development Code (UDC) to be in compliance with the Government Code of the State of California;

WHEREAS, the Historic Preservation Ordinance was adopted in September, 2008, to promote protection of historic, cultural, and natural resources in the City of Santa Clarita of special historic or aesthetic character or interest;

WHEREAS, at the direction of the City Council, the City of Santa Clarita (the "Applicant") initiated an application (Master Case 10-135, UDC 10-008) to amend the Historic Preservation Ordinance (Ordinance) (the "Project") to update the Ordinance regarding the nomination, alteration, relocation, and/or demolition of historic resources;

WHEREAS, a series of public meetings were held seeking input from property owners, the community, other government agencies, stakeholders, and stakeholder groups including the Old Town Newhall Association, Newhall Redevelopment Committee, and Santa Clarita Valley Historical Society regarding amending the Ordinance;

WHEREAS, the proposed amendments are consistent with and further implement the Goals and Policies of the City of Santa Clarita General Plan;

WHEREAS, the list of designated historic properties would be kept by the City of Santa Clarita Community Development Department;

WHEREAS, the City Council conducted a duly noticed public hearing on the project on September 25, 2012, at City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355. Notice of the time, place, and purpose of the aforementioned meeting was duly noticed in accordance with Government Code 65090. At this meeting, the City Council directed staff to return at a date uncertain with additional information and enhancements to the proposed amendments to the Ordinance; and

WHEREAS, the City Council conducted a duly noticed public hearing on the project on November 27, 2012, at City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355. Notice of the time, place, and purpose of the aforementioned meeting was duly noticed in accordance with Government Code 65090. At this meeting, the City Council directed staff to return on December 11, 2012, for a Second Reading of the Ordinance.

THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendments to Section 17.03.145 of the Unified Development Code (UDC). Section 17.03.145 of the City of Santa Clarita Unified Development Code are amended and restated to read as follows:

17.03.145 Historic Preservation Review

A. Purpose. The purpose of this section is to promote the economic and general welfare of the City of Santa Clarita by preserving and protecting public and private historic, cultural, and natural resources which are of special historic or aesthetic character or interest, or relocating such resources where necessary for their preservation and for their use, education, and view by the general public.

B. Definitions. As used in this section, this term has the following meaning:

1. "Historic Resource" shall mean structures or site features on properties listed on the National Register of Historic Places, the California Register of Historic Landmarks, the list of California Historical Landmarks, or the list of California Points of Historical Interest, or those structures designated under this ordinance. A listing of properties and structures designated under this ordinance shall be available with the Community Development Department.

C. Self-Designation of Historic Resources (Opt-in Clause). The nomination of a historic resource shall be initiated by the owner of the property or structure that is proposed for designation. The owner of the property or structure shall provide the Director with written notice of the intent to be nominated. The Director shall schedule a public hearing before the Planning Commission within sixty days of the receipt of the letter as described in Section 17.01.100 at which the Planning Commission shall be asked to make the findings set forth in Section 17.03.145.D.

Once a property or structure has received a designation, the owner of the property or structure may apply for removal of the designation and the City may remove the designation subject to the Planning Commission making the following findings by resolution:

1. There is sufficient evidence, including evidence provided by the applicant, that the property retains no reasonable economic use, taking into account the condition of the structure, its location, the current market value, and the costs of rehabilitation to meet the requirements of the building code or other City, State, or Federal law.

The Planning Commission shall designate a date up to one year from the public hearing date as the date on which the designation shall be removed. The owner of the property shall reimburse the City for any financial incentives received during the entirety of the period in which their property was designated as a Historic Resource.

D . Planning Commission Resolution Findings for Designating a Historic Resource. A building, structure, or object may be designated by the Planning Commission as a historic resource if it possesses sufficient character-defining features and integrity, and meets at least one of the following criteria:

1. Is associated with events that have made a significant contribution to the historical, archaeological, cultural, social, economic, aesthetic, engineering, or architectural development of the City, State or Nation; or

2. Is associated with persons significant in the history of the City, State or Nation; or

3. Embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

4. Has a unique location, singular physical characteristic(s), or is a landscape, view or vista representing an established and familiar visual feature of a neighborhood, community, or the City; or

5. Has yielded, or has the potential to yield, information important to the history or prehistory of the City, State, or nation.

E. Permit Requirements for the Renovation or Alteration of a Historic Resource. The requirements of this section shall apply to the renovation or alteration of historic resources within the boundaries of the City of Santa Clarita. A minor use permit is required for any proposed renovation or alteration of a historic resource with the exception of those items listed in Section 17.03.145.H. The application, public hearing, and approval process for the minor use permit shall be as described in Sections 17.01.100 and 17.03.040 ; provided further, however, that the City Council shall receive a copy of any application for such renovation or alteration at the time such application is deemed complete. There shall be no entitlement fee for the review of any proposed renovation and alteration to historic resources.

F. Actions by the Director for the Renovation or Alteration of a Historic Resource. The Director has the discretion to approve, approve with modifications and/or conditions, refer the matter to the Planning Commission or deny the minor use permit for renovation or alteration to a historic resource. Notwithstanding the foregoing, the minor use permit shall instead be acted upon by the City Council if any member of the City Council so requests prior to any action being taken on the minor use permit application by the Director or Planning Commission.

G. Findings by the Director for the Renovation or Alteration of a Historic Resource. The Director may approve a minor use permit, pursuant to this section, if it is determined that the following findings can be made with regard to the proposed project:

1. Findings for Renovation or Alteration of a Historic Resource:

a. The proposed renovation or alteration will not adversely affect any significant historical, cultural, architectural, or aesthetic feature of the subject property or of the history of the neighborhood in which it is located;

b. The proposed change is consistent with the architectural style of the building;

c. The scale, massing, proportions, materials, colors, textures, fenestration, decorative features and details proposed are consistent with the period and/or compatible with adjacent structures.

H. Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource. The Director may exempt a designated property from obtaining a minor use permit if the following actions will not affect the historic integrity of the historic resource:

1. Routine maintenance and minor repairs;

2. Exterior painting;

3. Replacing deteriorated roofing materials with the same type of material already in use;

4. Replacing damaged chimneys with the same type already in use;

5. Addition or removal of screens, awnings, canopies and similar incidental appurtenances;

6. Addition or removal of exterior walls and fences;

7. Addition or removal of exterior lighting;

8. Addition or removal of landscaping;

9. Addition or removal of driveways and walkways;

10. Interior alterations, including the addition or removal of fixed or movable cases, shelving and partitions not exceeding eight feet in height; carpeting, hardwood or tile flooring, counters of countertops and similar finish work;

11. Temporary motion picture, television and theatre stage sets and scenery;

12. Relocation of a privately owned, historically designated structure from a property owned by the State of California or the County of Los Angeles to another site within the City of Santa Clarita.

I. Permit Requirements for the Relocation or Demolition of a Historic Resource. The requirements of this section shall apply to the relocation or demolition of historic resources within the boundaries of the City of Santa Clarita. A minor use permit is required for any relocation or demolition of a historic resource within the City of Santa Clarita. The application, fees, public hearing, and approved process for the minor use permit shall be as described in Sections 17.01.100 and 17.03.040 with the exception that approval of the minor use permit shall be subject to both a public hearing before the Planning Commission at which the Planning Commission will recommend for or against the application, and a public hearing before the City Council at which the City Council will grant or deny the application. There shall be no entitlement fee for the relocation of any historic resource.

J. Actions by the City Council for the Relocation or Demolition of a Historic Resource. The City Council of the City of Santa Clarita has the discretion to approve, approve with modifications and/or conditions, or deny the minor use permit for relocation or demolition of a historic resource.

K. Findings by the City Council for the Relocation or Demolition of a Historic Resource. A property or structure that has been designated a historic resource shall be relocated with the approval of the City Council, after a recommendation from the Planning Commission, based on the City Council making one or more of the following findings:

1. That the owner of the property wishes to develop or redevelop their property in such a way that would otherwise require the demolition of the designated historic structure and/or that the designated structure may be moved without destroying its historic or architectural integrity and importance as demonstrated by a report prepared by an expert in historic preservation/building relocation.

2. That the relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the General Plan, and the relocation of the structure will not have a significant effect on the achievement of the purposes of this Code or the potential effect is outweighed by the benefits of the new project and that the structure may be moved without destroying its historic or architectural integrity and importance as demonstrated by a report prepared by an expert in historic preservation/building relocation.

Upon making either finding, the City Council shall direct the property owner to relocate the designated historic structure to a site within the City of Santa Clarita and approved by the City Council. Such relocation may include the assistance of the developer, the City of Santa Clarita, the Santa Clarita Valley Historical Society, or other entity as appropriate. Alternatively, upon completion of appropriate environmental review, if any, and upon making the determination that relocation is infeasible and there are no feasible alternatives to demolition, the City Council may direct the Building Official to issue the permit for demolition.

L. Penalty for Demolition or Irreversible Alteration. If a historic resource is demolished without a minor use permit as required by this section, no building or construction-related permits shall be issued, and no permits or use of the property shall be allowed, from the date of demolition for a period not to exceed five (5) years. (Ord. 08-14 § 2, 9/9/08)

M. Expiration and Extension. The expiration period and the extension process of a minor use permit will apply as described in Sections 17.01.160 and 17.03.040 .

N. Final Action. The decision of the approving authority is final and effective within fifteen calendar days unless an appeal is filed, in writing, in accordance with Section 17.01.110 for Director’s action and Section 17.01.120 for Planning Commission action.

O. State and County Owned Property. The Ordinance shall not apply to properties owned by the County of Los Angeles or the State of California. The owners of specific structures on properties owned by the County of Los Angeles or the State of California may nominate their structures, or otherwise have their structures nominated as historic resources. Any resulting designation will apply only to the structure, building or object and not the underlying property.

P. Incentives. In addition to any other incentive of Federal or State law, the owner of a historic resource may apply for the following incentives, subject to the discretion of the Director:

1. Use of the California Historic Building Code. Whenever applicable, the owner may elect to use the California Historic Building Code for alterations, restorations, new construction, removal, relocation, or demolition of a historic resource, in any case which the building official determines that such use of the Code does not endanger the public health or safety, and such action is necessary for the continued preservation of the resource. Such use of the Historic Building Code is subject to construction work undertaken for resources pursuant to the Secretary of the Interior’s Standards for the Treatment of Historic Properties, and that has already been reviewed and approved by the Director or Planning Commission in conjunction with a Minor Use Permit.

2. Mills Act Tax Relief. The Mills Act can provide relief to the property taxes associated with properties designated as historic resources. This paragraph will implement State law (Government Code 50280-50290), allowing the approval of Historic Property Contracts by establishing a uniform procedure for the owners of qualified historic properties within the City to enter into contracts with the City.

3. Waiver of Fees for Renovation and Alteration of Historic Resources. There shall be no entitlement fee for the renovation or alteration of historic resources.

4. Technical Assistance. The Community Development Department shall provide technical assistance to the owner of a historic resource regarding any proposed improvements that are not exempt under Section 17.03.145.H.; and/or

5. Streamlined Permitting. The Community Development Department shall provide the owner of a historic resource with priority entitlement review for proposed improvements that are not exempt under Section 17.03.145.H.

6. City of Santa Clarita Historic Structure Grant: When funds are available, owners of structures with a historic designation under this Ordinance may apply to receive grant assistance from the City.

SECTION 2. The proposed amendments to UDC Section 17.03.145 identified in Master Case 10-135 (UDC11-008) are consistent with the City of Santa Clarita General Plan.

SECTION 3. The proposed amendments to UDC Section 17.03.145 are hereby adopted.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings in the Initial Study prepared for the project, the City Council further finds, approves, and determines as follows:

a. An Initial Study and a Negative Declaration have been prepared for this project in compliance with the California Environmental Quality Act (CEQA).

b. The Initial Study has been circulated for review and comment by affected governmental agencies and the public and all comments received, if any, have been considered. The document was posted and advertised on September 27, 2011, in accordance with CEQA. The public review period was open from September 27, 2011, through October 18, 2011.

c. Staff found that there were no impacts created as a result of the proposed project and a Negative Declaration has been prepared for the project in accordance with the CEQA. The Negative Declaration reflects the independent judgment of the City of Santa Clarita.

d. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is based is the Master Case 10-135 project file within the Community Development Department and is in the custody of the Director of Community Development.

SECTION 5. That if any portion of this Ordinance is held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remain in full force and effect.

SECTION 6. This Ordinance shall be in full force and effect thirty days from its passage and adoption.

SECTION 7. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law.

(Approval was scheduled for Dec. 11, 2012, but was continued to Jan. 8, 2013).

Santa Clarita City Council Regular Meeting, Jan. 8, 2013

MASTER CASE 10-135: SECOND READING AND ADOPTION OF AMENDMENTS TO SECTION 17.03.145 OF THE SANTA CLARITA UNIFIED DEVELOPMENT CODE - HISTORIC PRESERVATION

On September 9, 2008, the City Council of the City of Santa Clarita adopted Ordinance 08-14 establishing the City's first Historic Preservation Ordinance and directed staff to return with a more comprehensive ordinance.

Councilmember Boydston recused himself from voting on this item due to a conflict of interest pertaining to his employment and non-profit board membership and the board’s ownership of a possible designated historic structure at the Canyon Theater Guild.

Motion by Weste, second by Ferry to conduct second reading and adopt Ordinance No. 13-01 entitled: AN ORDINANCE OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING MASTER CASE 10-135, UNIFIED DEVELOPMENT CODE AMENDMENT 10-008, TO ADOPT A NEGATIVE DECLARATION AND AMEND SECTION 17.03.145, HISTORIC PRESERVATION.

On roll call vote:
Ayes: McLean, Ferry, Weste, Kellar
Noes: None
Recused: Boydston
Absent: None
Motion carried.