Sections:
16.26.010 Purpose.
16.26.020 Applicability.
16.26.030 Definitions.
16.26.040 Historic Preservation Advisory Commission.
16.26.050 Designation Criteria for Cultural Resources Archaeological Districts and Historic Districts.
16.26.060 Cultural Resource Designation Procedures.
16.26.070 Mechanism for Appealing Designation.
16.26.080 Certificates of Appropriateness.
16.26.090 Adaptive Re-Use.
16.26.100 Demolition/Relocation Permit Requirements.
16.26.110 Minimum Maintenance Requirements.
16.26.120 Preservation Incentives.
16.26.130 Reconsideration by City Council.
16.26.140 Enforcement and Penalties.
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 pre-historic 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)
"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 in-formation 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.
"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 correct 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)
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