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HomeMy WebLinkAboutOrdinance - 2410 - Amend Title 18 . ORDINANCE NO. 2410 . AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING) BY ADDING CHAPTER 18.23 (HISTORIC/ARCHITECTURAL PRESERVATION), SECTIONS 18.23.010 THROUGH 18.23.070, ALL RELATING TO HISTORIC/ARCHITECTURAL PRESERVATION WHEREAS, the Planning Commission held a duly noticed public hearing pertaining to the attached amendments to the Redding Municipal Code Title 18, Zoning Ordinance, on May 13, 2008, and recommended that the City Council adopt said amendments; and WHEREAS, the City Council held a duly noticed public hearing on this date, prior to the first reading of this ordinance; and WHEREAS, adoption of the amendment is not subject to the provisions of the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines, since there is no possibility that the activities allowed under the amendment will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 18 (Zoning), Chapter 18.23 (Historic/Architectural Preservation), Sections 18.23.010 through 18.23.070, are hereby added to read as follows: Chapter 18.23: Historic/Architectural Preservation 18.23. 010 Purpose and Objectives The City Council has determined that Redding possesses a wide range of historical, architectural, and cultural resources which are valued as sources of pride for the community and provide a context for appreciating Redding's history. In recognition of this, the City has established the "Mills Act Historic Property Tax Incentive Program." California Government Code, Section 50280, et seq., and California Revenue and Taxation Code, Section 439, et seq., authorize the City of Redding to enter into contracts with the owners of "Qualified Historical Properties," which are recognized as such at the local, state, or federal level, to maintain the property in a manner which the City deems reasonable to carry out the purposes of the Mills Act program. The purposes of this chapter are to: A. Promote the public peace, health, safety, and welfare through identifYing historic/architecturally important buildings and structures and assisting property owners in maintaining the character of these important community assets. B. Implement the Mills Act Historic Property Tax Incentive Program by establishing appropriate administrative procedures. ~ '""'" C> C. IdentifY properties appropriate for Mills Act contracts and the application of the California Historical Building Code. Page lof 4 18.23.020 Definition. . City of Redding Local Register of Qualified and Candidate Historic Properties. A register of historic/architecturally important properties consisting of the following: Local Register of Qualified Historic Properties. A list which identifies properties designated on a federal, state, or city register of historical or architecturally significant places, or landmarks, including the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, and the City of Redding Local Register of Qualified Historic Properties. Local Register of Candidate Historic Properties: A list which identifies buildings or structures that may be significant in the history, architecture, or culture of Redding, Shasta County, the State of California, or nationally. Qualified Professional. A qualified professional is an individual with documented experience and formal training in the fields of archaeology, anthropology, architecture, engineering, history, or a related field, who has demonstrated experience in research, field work, and/or analysis of historic buildings, structures, and people. 18.23.020 Duties of Planning Commission The Planning Commission shall have the following powers and duties: A. Make additions to and deletions from the Local Register of Qualified and Candidate Historic Properties. B. Based on the merits of individual applications, certify properties as Qualified Historic Properties for purposes of upgrading from the list of Candidate Historic Properties to the list of Qualified Historic Properties and, if appropriate, approve the property for participation in the Mills Act Historic Property Tax Incentive Program, and recommend the maintenance and/or improvement requirements to be included in the Mills Act contract. 18.23.030 Local Register of Qualified and Candidate Historic Properties The "Local Register of Qualified and Candidate Historic Properties" (Local Register) shall be established by resolution of the Planning Commission. The Local Register shall consist of a list of "Candidate Properties" and a second list of properties that have been certified as "Qualified Historic Properties" under the provisions of this chapter, regardless of ownership or property tax status. The Planning Commission may amend the Local Register from time to time to: (1) delete properties that have been demolished or modified such that they are no longer appropriate for the Candidate or Qualified lists and/or (2) add additional properties that may be identified as appropriate either the Candidate or Qualified lists. A. Candidate properties may, upon property owner requests and more detailed investigations, be certified and added to the list of as Qualified Historic Properties appropriate to receive benefits under the Mills Act. These include specific buildings and structures which have been found by the City to have historical, architectural, or other significance to the community. Page 2 of 4 18.23.040 Qualified .toric Properties' Certification. A property must be certified as a Qualified Historic Property by action of the Planning Commission or the provisions of this chapter in order to participate in the Mills Act Historic Property Tax Incentive Program. A public hearing is required to secure this designation, except no public hearing is required for those properties specified in section 18.23.040.A. Once private property on the tax rolls is so certified, it is eligible to participate in the Mills Act Historic Property Tax Incentive Program and may enter into a contract with the City as provided in Section 18.23.060. Properties with the following characteristics may be appropriately certified as Qualified Historic Properties. A. Any public property that is listed, or is eligible to be listed, on the National Register of Historic Places, State Register of Historical Resources, California Historical Landmarks, or State Points of Historical Interest is considered to be a Qualified Historic Property without further action by the City. B. Any private property included on the list of Candidate Properties that is determined appropriate for inclusion on the list of Qualified Properties by the Planning Commission based on Mills Act application materials submitted to the City. A property may be eligible to enter into a Mills Act contract if it meets one or more of the following criteria and is consistent with any formal policy or guidelines adopted by the City Council for evaluating historical significance, as demonstrated by materials prepared by a qualified professional. I. Has significant inherent character, interest, or value as part ofthe development or heritage of the community, state, or nation. 2. Is the site of an event significant in local, state, or national history. 3. Is associated with a person or persons who contributed significantly to the culture and development of the community, state, or nation. 4. Exemplifies the cultural, political, economic, social, ethnic, or historic heritage of the community, state, or nation. 5. Embodies distinguishing characteristics of a type, style, period, or specimen III architecture or engineering. 6. Is the work of a person whose work has influenced significantly the development of the community, state, or nation. 7. Contains elements of design, detail, materials, or craftsmanship which represent a significant innovation. 8. Represents an established and familiar visual feature of the neighborhood or community. 9. Has yielded, or may be likely to yield, information important in pre-history or history. 18.23.050 Application Forms and Fees An application for the Mills Act Historic Property Tax Incentive Program, accompanied by a fee established for this purpose by resolution of the City Council, shall be filed with the Development Services Department in a form prescribed by the Director or his designee. The application shall be accompanied by plans, property descriptions, and other information deemed necessary by the Director to allow the Planning Commission to determine if the property should be classified as a Qualified Historic Property as provided under this chapter and State Law. Page30f 4 18.23.060 Approval ~ills Act Contracts . A. The City Manager, or his designee, is delegated authority to enter into a Mills Act Contract with owners of a Qualified Historic Property as determined under Section 18.23.040. B. If property proposed for a Mills Act contract is located in a redevelopment area and is to be used .for commercial purposes, the City Manager or his designee shall first obtain authorization from the Redding Redevelopment Agency (Agency) regarding the proposed Mills Act contract, as such contracts may impact the funding for Agency programs. The Agency may prohibit the City from entering into a Mills Act contract, despite the determination that the property is otherwise qualified, based on a finding of conflict with Agency programs or significant impact to Agency financing. 18.23.070 Appeals A. Appeals to the determinations of the Planning Commission regarding the composition of the Qualified and Candidate Historic properties lists, and/or the property improvement/maintenance requirements recommended for the Mills Act contract, may be appealed to the City Council in accordance with the provisions set forth in Chapter 18.11, Common Procedures. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 3rd day of June, 2008, and was duly read and adopted at a regular meeting on the I 7th day of June, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Bosetti, Dickerson, and Stegall COUNCIL MEMBERS: Murray COUNCIL MEMBERS: None COUNCIL MEMBERS: Jones ATTEST: ('.' / ~ieM~ MAR LE STEGALL, Mayo FORM APPROVED: . "- \, City Clerk ~~~/ RICHARD A. DUVERNA ity Attorney , . " S-20-08' t . ,.- .., " PROJ\ORD\CH18:!:J. Ord-.SO-Lq,L\1-CA:CC.wpd , .... ~," ' Page 4 of 4