Chapter 2.24 — HISTORICAL ADVISORY COMMITTEE

A Historical Advisory Committee for the Town may be created from time to time by appointment of its members to perform such task or tasks as the Town Council assigns the Committee. The Historical Advisory Committee's tasks shall conform to the function and duties specified in Section 2.24.030 of the Municipal Code. The Committee shall be disbanded by the Town Council whenever the Town Council determines that the Historical Advisory Committee has completed its assigned tasks or tasks; provided, however, any member or members may be removed by the Town Council at any time whether with or without cause. The Town Council shall appoint all Committee members to the Historical Advisory Committee. The Town Council shall determine the number, method of appointment, and qualifications of the Committee members. The appointment of each Committee member shall be approved by a majority of the Town Council.

The Historical Advisory Committee shall include up to four at-large members.

(A)

Eligibility:

(1)

Resident of Town or its sphere of influence.

(2)

Agency affiliation and/or expertise or knowledge: one position each may be reserved for representatives from the Mohahve Historical Society and the Victor Valley Museum, should there be someone eligible and interested in serving from these agencies. Others with a particular interest or knowledge of local history should be considered for the other two positions.

(B)

Method of appointment:

(1)

Regular appointed members of the Historical Advisory Committee shall make recommendations for members at large.

(2)

Council shall approve all recommendations.

(3)

Member-at-large appointments are for a four-year term, and may be renewed by vote of the Council for an unlimited number of terms.

(C)

Rights and responsibilities.

Members-at-large shall be held to the same attendance requirements as regular appointed members, and may vote on matters before the Committee.

(Ord. 396, 4-28-09)

The Committee shall meet at whatever interval of time that the Committee and/or the Town Council finds expedient for the completion of the Committee's assigned task or tasks. Special meetings may be called by the Chair or a majority of the Committee, provided notice has been given to all members at least 24 hours prior to the meeting, and as otherwise required by law. A majority of Committee members shall constitute a quorum, and a majority vote of a quorum shall be required to pass a motion or other enactment.

No direct compensation shall be paid to Committee members; however, members shall be reimbursed for actual and necessary expenses, including travel expenses incurred in the discharge of their duties as members of the Committee, as may be authorized by the Town Council.

The functions, powers, and duties of the Historical Advisory Committee shall include:

(A)

Considering Council recommendations for the possible designation of points of historical interest for the Town of Apple Valley including, but not limited to:

(1)

Evaluation. Evaluating sites designated by the Town Council to determine whether they warrant action.

(2)

Public hearings. The Historical Advisory Committee shall conduct a public hearing on matters relating to the designation of landmarks or points of interest. At the public hearing, the Committee shall receive all evidence and hear all interested persons.

(3)

Recommendation after a public hearing. After a public hearing, if the Committee shall find that the purposes of this Chapter are furthered by designation of a site, structure or object as a landmark or point of interest, such findings shall be stated in a resolution to the Town Council recommending designation of the site, structure or object as a landmark or point of interest.

(4)

Sites designated as landmarks or points of interest are intended for the purpose of providing a list of interesting locations within the Town of Apple Valley. Such a designation is not intended to interfere with future development and/or current or future land use designations.

(B)

The promotion of the history and culture of Apple Valley.

(1)

Sponsorship and participation in educational programs and activities.

(2)

Coordination of programs with the Apple Valley Unified School District, the Mohahve Historical Society and the Victor Valley Museum.

(3)

Dissemination of historical and cultural information to the public through a variety of mediums including, but not limited to, the media, Town-sponsored programs and activities, speaking engagements, and participation in regional, national, and international historical and cultural preservation organizations.

The functions and duties of the Historical Advisory Committee shall not be construed as preempting or otherwise interfering with the function of other commissions, boards, committees or officers which are empowered or mandated by law or ordinance or other regulation to act upon certain matters or make recommendations to the Town Council concerning the repeal of or amendment to Town ordinances or regulations or adoption of new ordinances or regulations, or otherwise taking such actions as are mandated, prescribed or permitted by law.

(C)

Acting upon proposed and existing non-conforming historical signs as provided in Section 9.08.1245 of the Town of Apple Valley's Development Code or in any applicable successor or other ordinance or enactment of the Town Council.

The functions and duties of the Historical Advisory Committee shall not be construed as preempting or otherwise interfering with the function of other commissions, boards, committees or officers which are empowered or mandated by law or ordinance or other regulation to act upon certain matters or make recommendations to the Town Council concerning the repeal of or amendment to Town ordinances or regulations or adoption of new ordinances or regulations, or otherwise taking such actions as are mandated, prescribed or permitted by law.

(Ord. 193, 2-10-98)

The Historical Advisory Committee shall keep a public record of its transactions, findings, and determinations. Minutes of the Historical Advisory Committee shall be filed with the Town Clerk.

(a)

Definition of a landmark. A historic, cultural or natural landmark is any real property such as a building, structure, site archaeological excavation or object that is unique or significant because of its location, design, setting, arterials, workmanship or aesthetic feeling, and/or:

(1)

That is associated with events that have made a significant contribution to the Nation, State or community, and/or:

(2)

That is associated with lives of persons who made a significant contribution to the National, State or local history, and/or;

(3)

That reflects or exemplifies a particular period of the National, State or local history, and/or;

(4)

That embodies the distinctive characteristics of a type, period or method of construction, and/or;

(5)

That presents the work of a master builder, designer, artist or architect whose individual genius influenced his or her age; or that possesses high artistic value, and/or;

(6)

That has yielded or may be likely to yield information important to National, State or local history or prehistory.

(Ord. 193, 2-10-98)

A historic, cultural or natural point of interest is any real property or object:

(1)

That is the site of a building, structure or object that no longer exists but was associated with historic events, important persons, or embodied a distinctive character or architectural style, and/or;

(2)

That is historic significance, but has been altered to the extent that the integrity of the original workmanship, materials or style has been substantially compromised.

The sole authority to declare landmarks and points of interest shall be vested in the Town Council, after a public hearing held by either the Town Council or the Committee and recommendation made to the Town Council.

(Ord. 193, 2-10-98)

Notice of the date, time, place, and purpose of any public hearing before the Committee or the Town Council shall be given by at least one publication of a notice in a newspaper having general circulation in the Town, not less than ten days prior to the date of the hearing, or as otherwise required by State law, and a notice addressed to the owner of the property being considered. If the property being considered is not real property, notice shall be given to both the owner and the person in possession of the real property where the object is situated, if known. The last known name and address of each owner as shown on the records of the County Assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.

The recommendation of the Historical Advisory Committee that the Town Council declare a landmark or point of interest shall be subject to the following standards determined by the Town Council:

(1)

The landmark or point of interest shall fit a definition set forth in Section 2.24.040 or Section 2.24.045.

(2)

The landmark or point of interest shall have substantial significance to the people of the Town.

The Historical Advisory Committee shall maintain and make available to the general public a list of all such declared landmarks and/or points of interest. The form and content of the list shall be approved by the Town Council.

Upon declaration of a landmark or point of interest by the Town Council, the Historical Advisory Committee will determine which landmarks or points of interest shall be marked with uniform and distinctive markers. Such markers shall be of a design approved by the Town Council. Markers will be installed only when written permission is granted by the property owner.

(Ord. 193, 2-10-98)

Prior to demolishing, altering, adding to or in any way changing a landmark or point of interest, the Committee shall be advised of such work so that a determination can be made as to the continuance of the site's historical value. However, emergency repairs and/or removal of unsafe conditions to the landmark or point of interest, may be done without prior notice as long as the Committee is advised directly after the emergency situation is addressed.

(Ord. 193, 2-10-98)

Ordinance maintenance and/or repair of any exterior architectural feature in or on any property covered by this Chapter is allowed. However, if the ordinary maintenance and/or repair alters the exterior architectural feature in regards to design, material, or external appearance thereof, then the Committee must be advised prior to such work so that a determination can be made as to the continuance of the site's historical value. However, emergency repairs and/or removal of unsafe conditions to the landmark or point of interest, may be done without prior notice as long as the Committee is advised directly after the emergency situation is addressed.

(Ord. 193, 2-10-98; Ord. 224, 6-13-00)

No site, structure or object shall be designated as a landmark or point of interest without the express written permission of the owner of the site, structure or object. If permission is withdrawn in writing from the property owner and delivered to the Town Clerk, then such designation will also be withdrawn by the Committee and the Town Council.

(Ord. 193, 2-10-98)

Every property owner of record of a property proposed for designation as a landmark or point of interest shall be provided a copy of this Chapter with any accompanying letter bringing attention to the provisions of Sections 2.24.075 and 2.24.080 as impacts on future use of the property.

(Ord. 44, 1990; Ord. 120, 08-10-93)