SUBJECT: TEXT AMENDMENT 98 -4 -- TO THE ZONING ORDINANCE ADDING AN HERMOSA BEACH PRESERVATION ORDINANCE FOR CERTAIN PROPERTIES DESIGNATED HISTORICALLY AND ARCHITECTURALLY SIGNIFICANT

Recommendation:

That the Planning Commission direct staff as deemed appropriate.

Background:

On December 17, 1998 the City Council adopted a Moratorium Ordinance on the demolition or modification of historic and architecturally significant structures for the purpose of possible

adoption of a historic preservation ordinance. The Ordinance was extended an additional 10 months on January 28, 1998 and will expire in December 1998. The buildings currently under consideration for historic designation are described on Attachment 2. The City also has adopted a Seismic Strengthening Ordinance for Unreinforced Masonry Buildings (Ordinance No. 94-1114) which prescribes an implementation schedule for conformance to seismic strengthening for unreinforced masonry buildings. Two of the buildings shown on Attachment 2 are subject to the Seismic Strengthening Ordinance and must be vacated or retrofit by the end of the year. Once the Moratorium Ordinance lapses the buildings currently subject to the building/demolition moratorium can be partially redeveloped.

The Land Use Element of the City's General Plan refers to the need to preserve historic structures and recommends that a list of architecturally and historically significant structures be compiled by conducting a survey of historic resources in the community. Local governments may conduct surveys of local historic resources. After local historic resources have been identified, they may be nominated for placement on the federal or State list of historic landmarks. The State Office of Historic Preservation (OHP) is responsible for administering preservation programs pursuant to State and federal law. It is not mandatory to obtain formal State approval of the City's survey in order to ensure that historic properties are protected under the California Environmental Quality Act (CEQA), however, there are financial incentives to do so. OHP administers two state registration programs (1) State Historic Landmarks (properties of statewide significance); and (2) Points of Historic Interest, (properties of local significance). With adoption of a historic preservation ordinance (such as the one proposed) a local government can apply for Certified Local Ordinance and Certified Local Government status to receive tax credit incentive to preserve designated structures and compete for federal funds.1

The City can obtain a qualified consultant to prepare a historic survey for the buildings shown on Attachment 2. The results of the survey can be used in determining which, if any, of the buildings on Attachment 2 are candidates for historic designation. The historic resources survey establishes:

• Goals and policies as they relate to the City's historic resources.
• Programs to guide redevelopment of historically significant buildings.
• Guidelines for rehabilitation of historically significant structures.

Analysis:

The draft ordinance provides historic preservation criteria for designating historic landmarks, procedures for nominating and designating landmarks based upon a historic resources survey, procedures for complying with designation status and procedures for removing buildings from historic landmark status. The draft ordinance is modeled after a similar ordinance adopted by the City of Redondo Beach.

The City Council is proposed to act as the decision making body in designating landmarks and implementing the Ordinance based upon input from the historic preservation consultant. The draft Ordinance will enable the City to preserve a building's exterior and in certain instances the interiors of surveyed buildings noted on Attachment 2. However, one of the objective expressed by members of the City Council was to restrict the type of use which could locate in the Bijou Building and the City Attorney has determined that the use of the building cannot be considered a part of the historic designation of the structure.

Under some circumstances, it is possible to designate a building interior as historically or architecturally significant and thereby affect the type of use which can occupy the building, however most historic survey designations involve building exteriors.2

Notes

1. Federal funds are available from the Historic Preservation Fund (HPF) administer by the OHP.

Funds are awarded on a competitive basis. Up to a 20% investment tax credits for the costs of rehabilitation work on income-producing historic structures is available. The certification program also provides eligibility for charitable contribution tax deductions to owners of historic properties for donating conservation easements for historic preservation purposes.

2. State and federal designation criteria apply to building interiors unless a local jurisdiction adopts specific restrictions toguiding interir renovation. National Park Service Dept. of Interior, Secretary of the Interior's Standards and Guidelines for Designation and Rehabilitation. These standards are written in a general form. A building may receive interior and exterior landmark recognition when for example it was the residence of a major historical figure.

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