HomeMy WebLinkAboutOrdinances_1954_CCv0001.pdf HISTORIC ARID SCENIC PRESERVATION ORDINANCE
CITY OF REDLANDS
JULY 1 , 1986
TABLE OF CONTENTS
SECTION 1 : Title
SECTION 11: Purpose and Intent
SECTION III: Definitions 2
SECTION IV: Historic and Scenic Preservation
Commission Established 5
SECTION V: Members 5
SECTION VI : Procedure 5
SECTION VII: Powers and Duties 6
SECTION VIII: Nomination and Designation
Program for Historic Resources 7
SECTION IX : Application to Historic and Scenic
Preservation Commission for Certificate of
Appropriateness and Certificate of
Hardship 11
SECTION X: State Historic Building Code 16
SECTION XI: Preservation Easements 17
SECTION XII : Building Permit waiver 17
SECTION ITI : naintenance and Repair 17
SECTION XIV: Right of Review by City Council 17
SECTION XV: Validity 18
SECTION XVI : Penalties 18
SECTION XVII : Effective Date 18
SECTION XVIII: Publication 18
ORDINANCE NO. 1954
AN ORDINANCE OF THE CITY OF REDLANDS- ESTABLISHING
RULES AND REGULATIONS GOVERNING THE DESIGNATION ,
PRESERVATION AND PERPETUATION OF HISTORICAL AND SCENIC
PROPERTIES
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN
AS FOLLOWS:
SECTION I
This ordinance shall be known as the " Historic and
Scenic Preservation Ordinanceof the City of Redlands."
SECTION 1I n
The City of Redlands 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 Cite of Redlands 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 Redlands shall
contribute to the livability and beauty of the community,
stimulate economic revitalization, foster architectural
creativity ,
creativity , increase neighborhood stability and
conservation; reinforce the distinctive character of the
community-, add to the community' s understanding of its
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history and connection with the life and values of the
past; and ensure that Redlands' 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 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 ,
docurtientation, 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
Redlands General Plan.
SEXTION III Definitions
AlNation. Alteration means any permanent exterior
change in a historic resource.
Adaptive reuse: Adaptive re-use means converting a
building to a use other than that for which it was
designed.
Ac,plicant: An applicant is any person who applies for
designation of a nominated resource or for a Certificate of
Appropriateness or Certificate of Hardship.
Ljt�2ojQ_qy : Archeology means the sto of ancient
peoples and customs as shown by monuments, sites, imple-
ments, inscriptions and relics.
C'g_r'�-jfj.gatg !2f A2pjopjjatgn_qg_q: A Certificate of
Aporonriateness is the permit granted after review by the
Historic and Scenic Preservation Commission of applications
to altere dennolishr move, or subdivide a historic resource
or for nev construction on the site of a historic resource.
Certificate 2f Hujd,shio: 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.
2
C2m_misai_qn : Commission refers to the Historic and
Scenic Preservation Commission.
2Ay_: Calendar day, including all weekend days and
holidays.
Demoli-tioll: Demolition is the act or process of
wrecking or destroying , specifically destruction of a
historic resource or a major portion of a historic
resource, including natural features, trees, agricultural
areas as well as exterior architectural features.
12r.gjiqn GuidgliBgg: 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 structure or district .
Design Guidelines are contained in the book entitled, City
of Redlands Historic and Scenic Preservation Design Manual.
Qggignation: 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.
Distrigt: A district is a general term referring to
historic and/or scenic and urban conservation districts.
Elat-o-Li-q Distrigt: A historic and/or
scenic district is a significant neighborhood, agricultural
or nassive 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 anti scenic
value.
H;_aIQS_I_q 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 .
istoric Rgag_Qrcg: 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, archi-
tectural, community or aesthetic value and are 50 years old
or older.
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InIr_u_qi_Qn: 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.
L4ndgmAlk: 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. 17ominated resources are those
structures, buildings, places, urban design features and
other objects that have been identified in a preliminary
survey prepared by the Cor,,ur.ission.
preljrtI,jnar,y Eqlv_qy : 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.
2: ggs_erva on Qffi=: The preservation officer is the
person designated by the Administrator of the Community
Development Department to serve as staff to the Historic
and Scenic Preservation Commission and to coordinate
Redlands' historic preservation programs.
Ze,qi_sIjr off a.iatglic end aggn_j�c Re_q.gqjcIg: The
Register of Historic and Scenic resources is the official
city list of all designated historic resources.
I I_y
_�I _.g y 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.
Urba Can-gervation Di-strict: An urban conservation
district is a residential or commercial neighborhood, a
maority 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.
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SECTION IV Historic g1ld aggnic Preservation Commission
AgthoriZed
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 histor-
ical, scenic and cultural resources which contribute to the
culture and aesthetic values of the City of Redlands.
SECTION V Members
The following regulations shall apply to the member-
ship and organization of the Historic and Scenic Preserva-
tion Corunission:
(a) Npmj2grs of M_qMj2gjA: The Historic and Scenic
Preservation Commission shall consist of nine (9) members.
(b) members:, Redlands CjtjzgD_a 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) tem m b_e_t: _aDilgy _LjtjAjy Aj_qhjyjgt: one (1)
member of the Commission shall be the Senior Archivist of
the Redlands A. K. Smiley Library.
(d) Term: E_e_m_j= fSom Redlands, Citizens at L!4rgg:
Members of the Commission appointed from the Redlands
citizens at large shall serve for terms of four (4) years.
SECTION VI 2j_o_gg_d__U�
The following regulations shall govern the procedural
matters of the Historic and Scenic Preservation Commission:
(a) Offjngrs : The Commission shallf at its first
regular meeting in January,, elect a Chairperson and such
other officers as the Commission may deem advisable.
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(b) Internal RuIgg And Re ulations: 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) M2S&jD-cLa: 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) NQ -C-Quensatign: The members of the Historic and
Scenic Preservation Commission of the City of Redlands
shall serve without monetary compensation.
SECTIOIT VII P—oig-ers gn-d apties
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 applica-
tions for Certificates of Appropriateness and Certificates
of Hardship for designated or nominated resources pursuant
to Section I .
(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.
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( 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 Redlands' historic resources.
(i) Advise the City Council regarding easements,
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 V111 j_qnAtjga
HiLtkrlp- az"r-ces
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,
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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 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) Cj_tt_ej_jA Lg-L Dgsigpgtjgp
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 Redlands, State of Califor-
nia, 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 Redlands.
(4) It is one of the few remaining examples in
the City of Redlands possessing distinguishing character-
istics 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 Redlands.
(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 phy-
sical characteristics representing an established and
familiar visual feature of a neighborhood, community, or
the City of Redlands.
(8) It has unique design or detailing.
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(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
Redlands (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 physical development.
(b) J2gajgDgtjgp 21 HiZIpSir
_. gggggrggs
(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 of general circulation
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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. 1
(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 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
recommendation 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
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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
Redlands 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) Q�zian Quidelineg
Following designation, the provisions of Redlands '
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
Redlands 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 t.,-.e
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.
SECTION IX Ajp-,U t2 HjatpLi_Q ln_d acanic
Yaticad C-0mmission f-ql Certificgite -Qf higpronriateaggg And
Certif-jQ"141.1 Qf E-al—dzhip
(a) CgItificate pprgpria enggg fg, alterations
ngV construct "ori. subdivision. ID-t 1plitz AD-d signa.
(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
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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.
(Cl 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 aesthetic interest or value of the
resource and its site, may be approved by the Preservation
Officer. Alterations in urban conservation districts may be
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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 consid
eration.
(6) The Commission shall hold a public hearing
on all applications for Certificates of Appropriateness
referred to it after notice is given in the same manner as
Section VIII (b) (4) .
(7) Using the Redlands 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 subdi-
visions, 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,
to 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.
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(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
decision 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 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 Appro-
priateness may be renewed for a 36-montb 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.
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(b) !LQYinS
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 Redlands '
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 demolition 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:
(1) The demolition will not have a significant
effect on the applicable goals and objectives of the
Historic and Scenic Preservation Element of Redlands '`
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 reoroduced 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 Condi-
tional Use Permit , rehabilitation, or some other alter-
natives 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.
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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 demolition or troving.
(d) Certificate 2f Hagdshi
A Certificate of Hardship permitting demolition,
moving , subdivison, 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 Hardship 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 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
Britten finding, stating the facts and reasons behind the
decision. It shall notify the applicant by nail of the
acceptance or denial of the Certificate of Hardship.
SECTION to Historic _Bg_jjdjjS odp
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.
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SECTION XI PregalyAtl2n 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 XIPer
mj,t Waiver
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 MAj=enapQc =d- EggAll
(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 external 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
building , walls , and landscaping in order to prevent
deterioration of exterior architectural and scenic
features. In order to prevent demolition by neglect the
city may repair a historic resource and treat the cost of
repairs as a lien against the property.
SECTIO14 XIV pight Cq_u_n_c_ l;
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
TX (a) (8) above.
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SECTION XV Yg1jdity
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 Redlands hereby declares that it
would have passed and does hereby pass this ordinance and
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 Effectiv mate
This ordinance shall be in force and take effect as
provided by law.
SECTION XVIII j9.9-tion
The City Clerk shall certify to the adoption of this
ordinance and cause it to be published once in the Redlands
Daily Facts , a newspaper of general circulation printed and
published in this City.
ATTEST: Ilayor of the City of Redlands
pity lark `
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I , Lorrie Poyzer , City Clerk of the City of Redlands ,
hereby certify that the foregoing ordinance was duly
adopted by the City Council at a regular meeting thereof
held on the 5th day of August 1986 , by
the following vote:
AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser;
Mayor Beswick
NOES: None
ABSTAIN: None
ABSENT:
City -C'1 e r k
;F
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