16.26 Cultural Resource Preservation

The purpose of the cultural resource preservation ordinance codified in this chapter is to establish a mechanism by which community resources such as buildings, structures and sites within the city of Murrieta, which are of prehistoric and historic interest or value. or which exhibit special elements of the city's architectural. cultural or social heritage may be identified, protected. enhanced, perpetuated and used in the interest of the public's health. safety. welfare and enrichment. The cultural resource preservation ordinance is also established to implement the provisions of the conservation and open space element of the general plan.

(Ord. 237 (part), 2001)

The provisions of the cultural resource preservation ordinance are applicable to any cultural and archaeological resource, archaeological district, or historic preservation district, within the city boundaries. (Ord. 237 (part), 2001)

"Adaptive Re-use" means converting a building to a use other than that for which it was originally designed. "Alteration" means any exterior change or modification, through public or private action, on any cultural re-source, or structures located in any historic preservation district, including but not limited to. exterior changes to or modification of structure. architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the exterior visual qualities of the property.

"Archaeological district" means any associated archaeological resources whose composite content affords information about the past.

"Archaeological resource" refers to any prehistoric Native American resource situated above ground or in a subsurface context. Archaeological resources include, but are not limited to, habitation and material processing sites, rock art, and artifact scatters.

Certificate of appropriateness is the permit granted after an approval issued by the city council, which grants permission for the demolition or relocation of a designated cultural resource or contributing resource within the city. "Contributing resource" means a cultural resource that does not warrant designation on its own merits but is designated as a contributing element to a historic preservation district.

"Cultural resource" means improvements, buildings, structures, signs, features, sites, scenic areas, places (including vacant land), trees or other objects of aesthetic, educational, cultural, architectural or historical significance to the citizens of Murrieta.

"Demolition" means any act or process that destroys in part or in whole a designated cultural resource or contributing resource within the city.

"Design guidelines" means the design principles/criteria contained in a document which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to aid design and

decision-making with regard to retaining the integrity of scale, design intent, materials, feeling, patterns of development and historical character of a cultural resource.

"Designated cultural resource" means any archaeological resource or cultural resource that has been designated in compliance with the ordinance codified in this chapter and placed on a city register of cultural resources. "Designated site" means a parcel or part thereof on which a designated cultural resource is or has been situated and which has been designated a cultural resource under the provisions of the ordinance codified in this chapter. "Development plan approval" means a development review process conducted by the planning division in compliance with the provisions of any applicable specific plan and the development code.

means a parcel or part thereof on which a designated cultural resource is or has been situated and which has been designated a cultural resource under the provisions of the ordinance codified in this chapter. "Development plan approval" means a development review process conducted by the planning division in compliance with the provisions of any applicable specific plan and the development code.

"Historic preservation district" means any geographic area containing a concentration of cultural resources which have a special character, historical interest or aesthetic value, which possess integrity of location, design, setting. materials, workmanship and feeling, or which represent one or more architectural periods or styles typical to the history of the city and that has been designated a historic preservation district pursuant to the ordinance codified in this chapter and the provisions of the development code.

"Improvement" means any building, structure, fence, wall, parking facility, work of art or other object constituting a physical man-made improvement or any part of such improvement.

"Inventory" is the list of cultural resources in the city identified through a survey of such resources. It includes a physical description and a photograph of each historic resource. legal information from title or assessment re-cords, statements of significance according to the criteria in the ordinance codified in this chapter, and a statement of any threat to the integrity or continued existence of the cultural resource. The information for each cultural re-source is recorded on the appropriate community services district forms.

"Natural feature" means any tree, plant life, geographical or geological site or feature subject to the provisions of the ordinance codified in this chapter.

"Ordinary maintenance and repair" means any work, for which a building permit is not required, where the purpose of the work is to cor[r] ect any deterioration of or damage to an improvement and to restore it to its condition prior to the deterioration or damage.

"Qualified professional" means an individual meeting the Secretary of the Interior Qualification Standards. For archaeological resources, in addition to this qualified professional, a Native American representative shall provide input.

"Register of cultural resources" means a working list of designated cultural resources.

"Rehabilitation" means to restore the fabric of a building or structure to its original state.

"Relocation" means to move any archaeological resource or cultural resource to a new location.

"Secretary of the Interior Standards for Rehabilitation" means the guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the National Park Service with guidelines for applying the standards.

"Significant feature" means the natural or man-made elements embodying style or type of cultural resource, design or general arrangement and components of an Improvement, including, but not limited to, the kind, color and texture of the building materials, and the type and style of windows, doors, lights. signs and other fixtures appurtenant to such improvement.

(Ord. 237 (part), 2001)

There is hereby created a city of Murrieta historic preservation advisory commission (HPAC) whose membership and duties shall be prescribed by the Murrieta city council.

A. Membership.

1. The HPAC shall consist of the Murrieta community services commission (CSC) with an additional two to four members appointed by the city council. To the extent possible, the HPAC shall have among its membership at least one business owner or one resident from each preservation district, one member from a citizens historic interest group, and two at large members with backgrounds in one of the following disciplines: architecture, urban planning, history. cultural geography/archaeology or other closely related fields. Non-voting members are to include a Native American representative and staff liaison. On matters pertaining to archaeological resources, the Native American representative shall be a voting member.

2. The appointment of members to the HPAC shall be for staggered terms. Appointments shall be made for a three-year term, following initial appointments.

B. Meetings.

1. A quorum of the HPAC shall be a simple majority of voting members.

2. The HPAC shall operate under procedural rules and bylaws consistent with its authority as set forth be-low. Rules and bylaws shall be approved by the city council.

• 3 . The HPAC shall meet at least four times per year, with meetings at regular intervals and/or when re-quested by the community services director or the city council.

4. The HPAC shall keep minutes and records of all meetings and proceedings. All materials shall be of public record.

C. Duties. The historic preservation advisory' commission shall have the following duties and other specific tasks as may be assigned on an ad-hoc basis by the city council:

1. The HPAC shall act solely in an advisory capacity to the city council, through the CSC, staff and other city commissions in matters affecting the preservation of cultural and archaeological resources. The HPAC shall not exercise any independent final decision-making authority or expend city funds. Actions of the HPAC shall not be considered actions of the city and shall not be represented as such:

2. Recommend to the city council, through the CSC, the designation of cultural resources, including individual properties, archaeological districts and historic preservation districts;

3. Maintain the register of cultural resources within the city, including all pertinent information for each designation;

4. Review and comment on land use, redevelopment, municipal improvement and other planning matters and programs undertaken by the city. as they relate to cultural resources of the community when so directed by the community services director or city council:

5. Make recommendations to the city council, through the CSC, on the use of various federal, state, local or private funding sources and mechanisms available to promote cultural resource preservation in the city;

6. Review applications for certificates of appropriateness related to demolition permits for any designated cultural resource within the city and make recommendations to the city council, through the CSC, including considerations of economic hardship. (See "Demolition/Relocation Permit," Section 16.26.100);

7. Review and make recommendations on applications for development plan approval in compliance with the development code when so requested by the community services director. In general, the following projects shall be submitted to the HPAC for their review and recommendation:

a. Any exterior alteration or addition to and improvement that requires a building permit and that is a designated cultural resource or contributing resource; and

b. The new construction of a non-residential structure over five thousand (5,000) square feet within a historic preservation district. (Modifications and approvals to the town square project are exempt from this review.)

8. Make recommendations to the city council, through the CSC, for recognition of owners of cultural re-sources who have rehabilitated their property in an exemplary manner; and

9. Undertake any other action or activity directed by the city council to fulfill the objectives of cultural re-source preservation in the city.

• (Ord. 237 (part), 2001)

For the purposes of the ordinance codified in this section, an improvement or natural feature may be designated a cultural resource by the city council and any area within the city may be designated as an archaeological district or historic preservation district by the city council if it meets any of the following criteria:

A. individual Resource Designation.

1. It exemplifies or reflects special elements of the city's cultural, architectural, aesthetic, social, economic, political, artistic and/or engineering heritage;

2. it is identified with persons, a business use or events significant in local, state or national history;

3. it embodies distinctive characteristics of style. type, period or method of construction or is a valuable ex-ample of the use of indigenous materials or craftsmanship;

4. It is representative of the notable work of a builder, designer or architect; or

5. Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community or the city:

B. Local District Designation.

A geographic area may be designated as a local archaeological district or historic preservation district if the city council, after hearing(s) finds that all of the requirements set forth below are met. Concurrent with the designation of a historic preservation district, design guidelines shall be developed and shall apply to all properties within the historic preservation district.

1. Archaeological District.

• a. The area is a geographically definable area:

• b. The area possesses either:

1. A significant concentration or continuity of archaeological resources; or

2. The area is associated with the prehistory of Murrieta.

c. The designation of the geographic area as an archaeological district is reasonable, appropriate, and necessary to protect, promote and further the goals and purposes of the ordinance codified in this chapter and is not inconsistent with other goals and policies of the city.

2. Historic Preservation District.

• a. The area is a geographically definable area:

• b. The area possesses either:

1. A significant concentration or continuity of buildings unified by past events or aesthetically by plan or physical development; or

2. The area is associated with an event, person, or period significant or important to Murrieta history.

c. The designation of the geographic area as a historic preservation district is reasonable, appropriate, and necessary to protect, promote and further the goals and purposes of the ordinance codified in this chapter and is not inconsistent with other goals and policies of the city.

• d. Determining Factors. In determining whether to designate a historic preservation district, the following factors shall be considered:

1. District should have integrity of design, setting, materials, workmanship, and association.

2. The collective value of the buildings and structures in a district taken together may be greater than the value of each individual building or structure.

3. Contributing Resources. Contributing resources may be included in a historic preservation district if the city

council finds, after a hearing(s) that all of the following requirements are satisfied:

a. The nominated resource is within a historic preservation district;

b. The nominated resource either embodies the significant features and characteristics of the district or adds to the historical associations. architectural qualities or archaeological values identified for the district;

c. The nominated resource was present during the period of historical significance of the district and relates to the documented historical significance of the district;

d. The nominated resource possesses historic integrity or is capable of yielding important information about the period of historical significance or the district; and

e. The nominated resource has important historic or architectural worth, and its designation as a contributing resource is reasonable, appropriate and necessary to protect, promote and further the goals and purposes of the ordinance codified in this chapter.

(Ord. 237 (part), 2001)

Archaeological districts, historic preservation districts and designated cultural resources shall be established by the city council as follows:

A. Any person may request the designation of an improvement or natural feature as a cultural resource or the designation of a district by submitting a written request and a supporting document prepared by a qualified professional justifying the designation to the community services director. The HPAC or city council may also initiate such proceedings on their own motion;

B. The community services director shall refer the request and document to the HPAC for their review and recommendation to the city council;

C. The HPAC shall deliberate the merits of the proposed designation and make a recommendation to the city council based on available documentation as to its appropriateness for consideration;

D. No permits for the alteration, demolition or removal of any improvement, building or structure within an existing or proposed historic preservation district or relative to a proposed cultural resource shall be is-sued while the designation is still under consideration which must be processed within sixty (60) days of nomination; and

E. After receipt of the recommendations from the HPAC for designation of a cultural resource or a district, the city council shall consider the matter, taking into account the HPAC's recommendations. (Ord. 237 (part). 2001)

The process for proposing the removal from a historic designation status shall be as follows:

• A. The owners of a designated cultural resource or contributing resource may propose deletion.

• B. All applications to delete a designated cultural resource or contributing resource shall be submitted to the HPAC which shall determine whether an application is or is not complete.

C. The HPAC shall make a determination whether or not the designated cultural resource or contributing resource is eligible for consideration for deletion based on analysis from qualified professional and shall make an advisory determination about whether the designation shall be removed. This process shall follow that of the process for original designation approval.

D. The city council shall make final determination.

(Ord. 237 (part), 2001)

A certificate of appropriateness shall be required prior to the demolition or relocation of any designated cultural resource or contributing resource. The following process shall occur:

A. Application for a certificate of appropriateness shall be made on forms provided by the community services department and shall contain whatever information is determined by the community services department to be necessary to act on the request.

B. The city council shall have the authority to approve, approve with conditions or deny a certificate of appropriateness for the demolition or relocation of a designated cultural resource or contributing resource. The council shall request a recommendation from the HPAC prior to taking action on the application.

C. Prior to the city council's final action. the HPAC shall hold at least one public meeting to consider the application and to make a recommendation to the city council.

D. A certificate of appropriateness for the demolition of a designated cultural resource or contributing resource may be approved if the city council finds that one or more of the following conditions exist:

1 . The structure/site is a hazard to public health or safety and repairs or stabilization are not physically possible (as ascertained by the building official);

2. The site is required for a public use which will be of more benefit to the public than the cultural resource and there is no feasible alternative location for the public use; or

3. It is not feasible to preserve or restore the structure, taking into consideration the economic feasibility of alternatives to the proposal.

E. A certificate of appropriateness shall lapse and become void one year following the date on which it was approved unless the conditions of the approval specify a lesser or greater time or unless, prior to the expiration date, a demolition/relocation permit is issued and work is commenced and diligently pursued. A certificate may be renewed once for an additional period of up to one year provided that prior to the expiration of the time period granted, an application for renewal of the permit is filed with the community services department and processed in the same manner as the original application.

(Ord. 237 (part), 2001)

As a policy, the ordinance codified in this chapter encourages the adaptive re-use of existing buildings and structures to the fullest extent possible.

(Ord. 237 (part), 2001)

No person shall carry out or cause to be carried out any demolition or relocation of a designated cultural resource or contributing resource without first receiving approval of a demolition/relocation permit from the city. A permit shall not be issued unless one of the following events has occurred:

• A. A certificate of appropriateness has been applied for and approved by the city council: or

• B. An initial certificate of appropriateness for relocation only has been applied for and denied and a period of ninety (90) days has expired from the date of the initial city council denial.

When a designated cultural resource or contributing resource has been lawfully demolished, relocated or altered pursuant to any provisions of the ordinance codified in this chapter, the provisions of the ordinance codified in this chapter shall be considered removed and the remaining property shall not be further encumbered. Designated resources shall be considered lawfully demolished, relocated or altered if fifty (50) percent of their features and characteristics are destroyed by natural disaster(s) or other forces of nature, but not including arson. The ninety (90) day delay period may be reduced by the city council where it finds that the owner of a cultural resource would suffer economic hardship or be deprived of beneficial use of or return from the property by virtue of the delay. During the ninety (90) day delay period the city may negotiate with the owner and with any other parties in an effort to find a means of preserving the cultural resource, including relocating it to another site within the city. (Ord. 237 (part), 2001)

The owner, lessee or other person legally in possession of a designated cultural resource or contributing resource shall comply with all applicable codes, laws, and regulations governing the maintenance of a subject property. Additionally, it is the intent of the ordinance codified in this chapter to preserve from deliberate or inadvertent neglect the exterior features of designated cultural resources or contributing resources, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. Designated cultural resources and contributing resources shall he preserved against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:

• A. Facades which could fall and cause injury to people or property:

• B. Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated wall or other vertical structural supports;

• C. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective materials or deterioration;

• D. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

E. Defective or insufficient weather protection for exterior wall coverings, including lack of paint or other protective covering; and/or

• F. Any fault or defect in the building which renders it not properly watertight or structurally unsafe. (Ord. 237 (part), 2001)

The HPAC, with city council approval, is authorized to develop and implement preservation incentive programs that are consistent with the ordinance codified in this chapter. These shall include, but are not limited to. the following:

A. State Historical Building Code.

The building and safety division is authorized to use and shall use the state Historical Building Code for projects involving designated cultural resources or contributing resources. The HPAC is authorized and shall use the state historical building code for projects subject to review under the ordinance codified in this chapter.

B. Mills Act Contracts.

1. Mills Act contracts granting property tax relief shall be made available by the city of Murrieta only to owners of locally designated cultural resources or contributing resources, as well as properties that are listed in the California Register of Historic Places or the National Register of Historic Places. Properties that have been previously listed on

the above-named registers but that have been removed and are no longer listed shall not be eligible for a Mills Act contract with the city.

2. Mills Act contracts shall be made available pursuant to California law. The community services department shall make available appropriate Mills Act application materials.

3. Mills Act contract applications shall be submitted to the community services department, which shall within sixty (60) days of receipt of a completed application, prepare and make recommendations on the content of the contract for consideration by the city council. A fee for the application to cover all or portions of the costs of the preparation of the contract in the amounts set by city council resolution may be charged.

4. The city council shall, in public hearing, resolve to approve, approve with conditions. or deny the proposed contract. Should the council fail to act on the proposed contract within one year of the receipt of the proposal, the proposal shall be deemed eligible.

5 . A Mills Act contract application that has been denied by the city council cannot be resubmitted for one year from the date of city council action.

(Ord. 237 (part), 2001)

The decision of the city council under the ordinance codified in this chapter shall be subject to reconsideration within the time limit often days after the issuance of the council's notice of decision and findings, provided new information not previously heard can be presented. Under such conditions, the city council may reverse a previous decision. A. Finality of City Council Decisions.

Any decision or order of the city council under the ordinance codified in this chapter shall become final if no reconsideration is taken from such decision or ordered within the time limits prescribed by the applicable

reconsideration provisions of the ordinance codified in this chapter. No permit regulated by the provisions of the ordinance codified in this chapter shall issue, nor shall any rights therein vest, until the decision of the city council is final or any appeal therefrom is disposed of in the manner prescribed by the ordinance codified in this chapter.

B. Requesting Reconsideration of City Council Actions.

Except as expressly provided herein, any person dissatisfied with any decision of the city council may request a reconsideration of the decision to the council, provided previously unheard information can be presented not later than ten days after the issuance of the council's notice of decision and findings. Such a request for reconsideration is made by tiling a notice of reconsideration with the community services department and paying a fee as established by the city council. Upon receipt of a timely request for reconsideration, the community services department shall forthwith transmit all papers and documents on file relating to the request. Written notice of the hearing before the city council shall be provided at least seven days prior to the hearing.

(Ord. 237 (part), 2001)

A. Any person who violates a requirement of the ordinance codified in this chapter or fails to obey an order issued by the city or comply with a condition of approval of any certificate or permit issued under the cultural re-source preservation ordinance shall be subject to the penalty provisions as set forth in the city of Murrieta municipal code. Any person who willfully and unlawfully relocates, demolishes or alters a designated cultural resource shall be subject to either a one hundred fifty thousand dollar ($150,000) fine or shall pay the appraised market value of the subject property as determined by a third party appraisal. whichever is greater. The amount of the one hundred fifty thousand

dollar ($150,000) fine shall be reviewed every twenty-four (24) months for adequacy and shall be tied to the CPI for Southern California or its succeeding index.

Any person who willfully and unlawfully relocates. demolishes or alters a contributing resource or a cultural re-source included in the Murrieta historical resources inventory, shall be subject to a ten thousand dollar ($10,000) fine or a fine of ten percent of the appraised land and building values as determined by a third party appraisal. Any action to enforce these provisions shall be brought by the city or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution, penalty and other remedy provided by law.

B. Applicable Mitigation Measures for Projects Impacting Historic Resources Under CEQA.

Any cultural or archaeological resource identified in the course of planning for a development project under the terms of the development code shall be subject to review under the California Environmental Quality Act (CEQA). In the event a new project is found to create significant impacts to cultural or archaeological resources. one or more of the following mitigation measures shall be enforced:

1. The cultural or archaeological resource shall be preserved and impacts shall be eliminated through avoidance.

2. Impacts to the cultural or archaeological resource shall be avoided through redesign of the project.

3. Impacts shall be reduced to below a level of significance by relocating the resource off-site.

4. Impacts shall be reduced to below a level of significance by the thorough documentation and/or interpretation of a resource prior to its demolition.

5. The applicant shall pay in-lieu fees for the demolition of the resource.

C. Use of Funds Collected from Fines, Penalties, or Fees.

All funds collected either from tines, penalties, or fees shall be deposited into a cultural resource preservation fund to be used, as available, exclusively for:

1. Rehabilitation or preservation of designated cultural resources or contributing resources in the city of Murrieta.

2. Purchase of component parts necessary for the rehabilitation or preservation of designated cultural re-sources or contributing resources in the city of Murrieta.

3. Purchase of designated cultural resources or contributing resources in the city of Murrieta.

4. Maintenance of designated cultural resources or contributing resources in the city of Murrieta.

5. Costs associated with designated cultural resource or contributing resource relocation.

6. Educational programs including school programs, education exhibits and materials, and creation and maintenance of a historic museum.

(Ord. 237 (part). 2001)