Guadalupe Municipal Code Ch. 2.36 Historical Landmarks

The purpose of this chapter is to promote the economic welfare and prosperity of the City by preserving and protecting those places, sites, buildings, structures, works of art and other objects having a special historical or aesthetic character or interest, for the use, education and view of the general public, and to remind the citizens of this country and visitors from elsewhere of the historical background of the City.

(Ord. 105 §1, 1967)

The Santa Barbara County Advisory Landmark Committee, heretofore established by order of the Board of Supervisors of the County, is hereby authorized and directed to receive and act upon application to investigate and designate places, sites, buildings, structures, works of art and other objects within the City as having historic, aesthetic or other special character or interest and being worthy of consideration for protection, enhancement or perpetuation as such. Such designation shall remain and be in effect for a period of 90 days only, and thereafter shall be of no force and effect, unless, prior to the expiration of such period of 90 days, the City Council shall have set a date for a public hearing, advertised the same as provided in Section 6061 of the California Government Code at least 10 days prior to the date set for the public hearing, and either at such public hearing or after the public hearing, and within the 90-day period, shall have confirmed the action of the Santa Barbara County Advisory Landmark Committee.

(Ord. 105 §2, 1967)

In designating any place, site, building, structure, work of art or other object as being of historical, aesthetic or other special character or interest and worthy of protection under this chapter, the County Advisory Landmark Committee and the City Council shall be subject to the following express standards:

A. The landmark designated shall have historical, aesthetic or special character or interest for the general public and not be limited in interest to a special group of persons;

B. The designation of such landmark shall not require the expenditure of an unreasonable amount of money to carry out the purposes of this chapter;

C. The designation of such landmark shall not infringe upon the right of a private owner thereof to make any and all reasonable uses of such landmark which are not in conflict with the purposes of this chapter.

(Ord. 105 §3, 1967)

A. The County Advisory Landmark Committee shall temporarily impose and recommend to the City Council for permanent adoption any or all of the following conditions it deems best suited to carry out the purposes of this chapter. Pending action of the City Council, such conditions shall remain in effect for a period of 90 days from and after action of the committee. If the City Council does not take action upon such conditions, they shall be of no further force and effect after the termination of the 90-day period. The City Council may set a public hearing to be advertised once in a newspaper of general circulation in the City, at least 10 days prior to the date of such hearing. At such hearing, the City Council may approve, modify or disapprove the designation by the committee, and the conditions to be imposed. The action of the City Council shall be final and shall take effect immediately.

B. Conditions that may be imposed under this chapter are as follows:

1. Demolition, removal or destruction, partially or entirely, may be prohibited unless express consent in writing is first had and obtained from the County Advisory Landmark Committee. Such consent may impose all reasonable conditions deemed appropriate by the Committee to accomplish the purposes of this chapter;

2. No alterations, repairs, additions, or changes, other than normal maintenances and repair work, shall be made unless and until all plans therefor have first been reviewed by the Santa Barbara Advisory Landmark Committee and approved or modified, and reasonable conditions imposed as deemed necessary, and that all such work shall be done under the direction and control of the County Advisory Landmark Committee or other qualified persons designated by it;

3. That only certain specified uses may be made, or that certain specified uses shall be prohibited;

4. That no buildings or structures exposed to public view within a specified distance may be placed, erected, moved in, alerted, enlarged or removed (other than normal maintenance and repair work) without approval, with reasonable conditions imposed where deemed necessary by the County Advisory Landmark Committee, first had and obtained;

5. Other reasonable requirements, restrictions or conditions to meet special or unique circumstances.

(Ord. 105 §4, 1967)

The Santa Barbara County Advisory Landmark Committee, or other interested persons, may petition the City Council for funds necessary to carry out the purposes of this chapter. The City Council may expend all reasonable amounts of money needed to carry out the purposes of this chapter, or to acquire fee title or such lesser ownership rights or rights to possession or negative easements as it deems necessary or expedient to carry out the purposes of this chapter.

(Ord. 105 §5, 1967)

Any interested person may appeal in writing to the City Council from any action of the County Advisory Landmark Committee filed with the City Clerk within 10 days from the date of such action, and the City Council shall set a public hearing, duly advertised once in a newspaper of general circulation in the City at least 10 days before the date of such hearing, to consider such appeal, and the City Council may confirm, modify or set aside any or all such actions of the County Advisory Landmark Committee.

(Ord. 105 §6, 1967)

The Santa Barbara County Advisory Landmark Committee is charged with the responsibility for the enforcement of the provisions of this chapter and all conditions imposed hereunder. If unable otherwise to obtain compliance with the provisions of this chapter and conditions imposed hereunder, it may refer the matter to the City Council.

(Ord. 105 §7, 1967)

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment in accordance with the general penalty provision then in effect in the City pursuant to Chapter 1.08 of this code, as amended.

(Ord. 105 §8, 1967; Ord. 86-271 §20)