Avenal Municipal Code Ch. 21 Historic Preservation

Sections: 5-21.01 Short title. 5-21.02 Purpose. 5-21.03 Definitions. 5-21.04 Historic Resources Commission. 5-21.05 Appointment and compensation of commission members. 5-21.06 Powers and duties of commission members. 5-21.07 Historic Resources Register. 5-21.08 Criteria for Historic Resources Register. 5-21.09 City Council deletions from the Register. 5-21.10 Provisions of the Code. 5-21.11 Maintenance of resources.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 55 5-21.12 Appeal procedure. 5-21.13 Enforcement. 5-21.14 Effective date. 5-21.01 Short title. This chapter shall be known as the "historic preservation ordinance." (Ord. No. 2008-02, 10-8-2008) 5-21.02 Purpose. The purpose of the regulations and standards in this chapter is to promote the public welfare within the City of Avenal by providing for identification, protection, enhancement, and preservation of historic resources, such as buildings, structures, and other sites in the City, which reflect the City's social heritage and history, and continue to safeguard and protect such historic resources to benefit the community. (Ord. No. 2008-02, 10-8-2008) 5-21.03 Definitions. [The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] "Historic preservation," as applied in this chapter, means the identification, protection, enhancement, preservation, and use of historical resources, such as buildings, structures, sites, and districts within the City of Avenal, through various regulations and standards, whether such resources are publicly or privately owned. (Ord. No. 2008-02, 10-8-2008) 5-21.04 Historic Resources Commission. A Historic Resources Commission shall be formed to make recommendations to the City Council as to historic resources for designation and registration as historic resources in the City of Avenal. The staff shall perform a survey of historic resources within the City of Avenal and forward a list of such historical resources information to the Commission. The Commission shall further hold at least one public hearing before making any recommendations to the City Council regarding designation or registration of any historical resource from this list or other resources that may be reviewed by the Commission. The Commission's recommendations regarding such resources shall be forwarded to the City Council, which shall hold at least one public hearing before taking action on any recommendation. The Commission shall receive input from City officials prior to making any recommendations to the Council. City officials shall follow applicable laws. The Commission shall keep minutes of meetings, and shall appoint a Chairperson and pro tempore to preside at meetings and otherwise. (Ord. No. 2008-02, 10-8-2008)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 56 5-21.05 Appointment and compensation of commission members. The Historic Resources Commission shall consist of five members. All five members shall be appointed for a term of three years. Each member shall serve without compensation and shall be appointed by a majority of the City Council, and have interest in the area of historic preservation or a related field. Vacancies for an unexpired term shall be filled by appointment through a majority of the City Council. Removal of a member for not attending multiple meetings or other reason pertaining to the best interest of the community shall require a majority vote of the City Council. (Ord. No. 2008-02, 10-8-2008) 5-21.06 Powers and duties of commission members. The Historic Resources Commission shall have the power, along with the duty, to perform the following acts: (1) To keep a register of historic resources within the City of Avenal; (2) To make recommendations to the City Council regarding additions or deletions of historic resources from the register and on preservation issues; (3) To make recommendations to the City Council regarding design review applications affecting designated historic resources and regarding applications for permits involving the alterations of historic resources, including demolitions; (4) To provide an appeal regarding historic resource matters within the Commission's authority involving the Planning Director and other City officials; (5) To explore means for the preservation and use of historic resources; (6) To promote protection of historic resources deserving of recognition; and (7) To encourage private efforts to raise funds for historic development, but no authority is granted to the Commission to acquire property or interest on behalf of the City. (Ord. No. 2008-02, 10-8-2008) 5-21.07 Historic Resources Register. Upon establishment of the Historic Resources Register after review by the Historic Resources Commission and City Council, with input from City officials thereto, sites within the City shall be designated and made a part of the register. City officials shall initially conduct a survey of potential historic resources within the City, for review by the Historic Resources Commission and the City Council. (Ord. No. 2008-02, 10-8-2008) 5-21.08 Criteria for Historic Resources Register. The criteria, for designation of a proposed resource, shall include the following: (1) The proposed resource or district identifies with a person or group making a significant contribution to the heritage or history within the City; or (2) The proposed resource or district identifies as an interest to the community or significant value as part of the City's heritage or history; or (3) The proposed resource or district identifies as the location of a significant historic event involving the City's heritage or history; or

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 57 (4) The proposed resource or district identifies as outstanding or exemplary elements of architectural design or craftsmanship of a particular historic period; or (5) The proposed resource or district identifies as a source, site, or other repository of significant interest involving the heritage or history of the community. (Ord. No. 2008-02, 10-8-2008) 5-21.09 City Council deletions from the Register. Upon recommendations by the Historic Resources Commission to the City Council, a resource or district shall not be deleted from the register, unless one of the following determinations has been made related thereto by the City Council: (1) The resource or district has been demolished or destroyed by natural or man-made means; or (2) The resource or district no longer conforms to any of the findings in Section 5-21.08 of this chapter, or has a clearly-established diminished historic significance; or (3) The resource or district cannot be restored, rehabilitated, or stabilized, without causing an economic hardship disproportionate to property's historic value; or (4) The resource or district is not being properly maintained by the owner, which poses a significant danger, hazardous condition, or nuisance to the community. Deletions from the register shall require review by both the Historic Resources Commission and City Council, with input by City officials following the applicable law. (Ord. No. 2008-02, 10-8-2008) 5-21.10 Provisions of the Code. Any designations on the Historic Resources Register and other actions related to historic resources under this chapter will require compliance with the City of Avenal Municipal Code and other applicable law. Property owners will be required to comply with any code, including, but not limited to obtaining permits, or other city requirements, including holding the City harmless and liability insurance requirements. The Planning Director and other City officials shall conduct a survey under this chapter and provide input to the Human Resources Commission and City Council based on applicable law. (Ord. No. 2008-02, 10-8-2008) 5-21.11 Maintenance of resources. No routine maintenance or repair of any architectural or historical feature, including, but not limited to any exterior painting, brick, or any other interior or exterior work related to the historical value or significance, may be commenced unless first approved by the City Planning Director. Each owner of a designated historical resource shall be required to maintain and keep the resource free of danger or other hazardous conditions, and to keep such resources in a manner that encourages their reasonable uses, and to prevent deterioration and decay. As noted in Section 5-21.09, each owner must comply with any City requirements. (Ord. No. 2008-02, 10-8-2008) 5-21.12 Appeal procedure. Any applicant or other interested person dissatisfied with any decision made under this chapter may appeal such decision in writing with reasons for the appeal within sixty (60) days of the adverse decision to the Historic Resources Commission and, subsequently, to the City Council. Appeals shall be heard by

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 58 the Historic Resources Commission within forty-five (45) days, and by the City Council within forty-five (45) days after the appeal decision by the Historic Resources Commission, consistent with agenda preparation procedures and schedule of the hearing body. Any appeals under this chapter shall be accompanied by the applicable city fee to cover the cost of handling the request. (Ord. No. 2008-02, 10-8-2008) 5-21.13 Enforcement. The Planning Director, or other city official authorized by the City Manager, shall be authorized to enforce provisions of this chapter and to take such action as may be necessary to ensure compliance with any of the regulations, standards, and other City requirements. Such action may also include, but not be limited to, filing a court action. (Ord. No. 2008-02, 10-8-2008) 5-21.14 Effective date. This chapter shall go into effect immediately upon its passage. (Ord. No. 2008-02, 10-8-2008)