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HomeMy WebLinkAboutPackets - Historic Preservation Commission (123) DRAFT MINUTES ORO VALLEY HISTORIC PRESERVATION COMMISSION SPECIAL SESSION June 8, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE I. Call to Order: at or after 5:00 p.m. II. Roll Call C)6(Ajj2— tp )2.47)* Present: Chair Bob Baughman Vice Chair Daniel Zwiener Commissioner Valerie Pullara Commissioner Lois Nagy Commissioner Sam McClung Also Present: Salette Latas, Council Member Paul Popelka, Assistant Planning and Zoning Director Diane Chapman, Senior Office Specialist Chair Baughman administratively ruled that given the nature of the Town's budget situation, and the fact that it is possible there may be jobs involved, henceforth, the Commission will meet without food. If anyone wishes differently it can go on the agenda at the next meeting. III. Discussion and possible action regarding Environmentally Sensitive Lands Ordinance David Williams, Willdan, gave a PowerPoint presentation on the Environmentally Sensitive Land Ordinance (ESLO). A copy of the PowerPoint is available. It was suggested that Oro Valley Historical Society and the Pima Trails Association be added to the list of stakeholders. Mary Davis, Communications Specialist, for the Town will be helping with outreach to the community, and will facilitate information to all stakeholders and to the public. Media outlets and other communications tools will be utilized to ensure complete information distribution. Mr. Williams continued with the project schedule. A public workshop is planned for July 23, with a second one scheduled for August. The process may be done in nine months. June 8, 2009 Draft Historic Preservation Commission Meeting Minutes Mr. Williams needs HPC to define what resources are and prioritize those; then it can be plugged into the ESLO. Prioritization can be done by the following: (1) Resources so valuabale that they need to be total preserved and left along. (2) Those resources that can co-exist with man. (3) Those resources that may be able to be moved to another location (i.e. visitor's centers). There was extensive discussion on definitions of words such as: significance, integrity, archaeological site, historic building, The inventory consultant will be under contract in a couple of weeks and will begin with archive and records search. They will also get involved with priorities. Access to cultural resources adjacent to the Town, such as Tortolita Mountain Reserve and Catalina State Park, should be considered through trails. ESL will not focus on access to resources, but access may need to be considered. Interconnectivity will be looked at. Access may not be provided because of biological and cultural sensitivity. Fossils and remains should be in ESL. HPC's charge is not to prepare and write ordinance, but to build building blocks so Willdan can write the ordinance, which will come back to HPC for review and endorsement. The following definition was decided upon for what is meant by Cultural Resource: 1. Any prehistoric or historic site or object having historical, architectural, archaeological, or community importance, as defined below, including artifacts, records, and material remains related to such property or resource. Number 2 should be defining authorities. This will come to the HPC at next Monday's meeting for approval. Mr. Williams and Mr. Popelka will work on preparing definitions for cultural, archaeological and historic site for next week's meeting. The Commissioners are to work on defining archaeological site, architectural site, and community site during the week and bring back to the June 15 meeting. IV. Announcements There were no announcements. 2 June 8, 2009 Draft Historic Preservation Commission Meeting Minutes V. Adjourn MOTION: Vice Chair Zwiener MOVED to adjourn the Historic Preservation Commission meeting. Commissioner Pullara seconded the motion. Motion carried 6:0. Meeting closed at 7:03 p.m. Prepared by: Diane Chapman, Senior Office Specialist 3 AGENDA Oro Valley Historic Preservation Commission Special Session Monday, June 8, 2009 Town of Oro Valley Council Chambers 11000 N. La Canada Drive I. Call to Order: at or after 5:00 p.m. II. Roll Call III. Discussion and possible action regarding Environmentally Sensitive Lands Ordinance a. Review of cultural resource ordinances and reference materials b. Cultural resource definitions c. Cultural resource criteria IV. Announcements V. Adjourn POSTED: 06 04 09 2:30 p.m. ejk The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at (520)229-4700. "Notice of Possible Quorum of the Oro Valley Town Council, Boards, Commissions and Committees: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town code, a majority of the Town Council, Historic Preservation Commission, Development Review Board, Planning & Zoning Commission and Parks and Recreation Advisory Board may attend this meeting as a member of the audience only." AGENDA Oro Valley Historic Preservation Commission Special Session Monday, June 8, 2009 Town of Oro Valley Council Chambers 11000 N. La Canada Drive I. Call to Order: at or after 5:00 p.m. II. Roll Call III. Discussion and possible action regarding Environmentally Sensitive Lands Ordinance a. Review of cultural resource ordinances and reference materials b. Cultural resource definitions c. Cultural resource criteria IV. Announcements V. Adjourn POSTED: 06 04 09 2:30 p.m. ejk The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at (520)229-4700. 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TOWN OF ORO VALLEY PLANNING & ZONING DEPARTMENT MEMORANDUM DATE: June 8, 2009 TO: Town of Oro Valley Historic Preservation Commission FROM: Paul R Popelka, Assistant Planning and Zoning Director SUBJECT: Work Schedule for HPC and Environmentally Sensitive Lands Ordinance HPC Meeting 1 June 8 - Special Session (5:00) ESL Work Program and Schedule Public Outreach (Mary) Review materials sent commissioners in May - TOV and other ordinances, materials for background - Review initial list of cultural resource definitions HPC Meeting 2 June 15 - Regular Session (5:00) Regular meeting agenda ESL Follow-up discussion, review criteria HPC Meeting July 13 - Regular Session (5:00) CRI Initial meeting with William Self Associates (WSA) on Cultural Inventory HPC Meeting 3 July 20 or 27 - Special Session (5:00) CRI Present cultural inventory (WSA) ESL Review draft of Definitions/Criteria Preliminary Priorities Public Meeting 1 June 23 (ESL) HPC Meeting 4 August 10 - Regular Session (5:00) CRI Review initial survey results (WSA) HPC Meeting 5 Late August/Early Sept ESL Review Draft Cultural Resources Ordinance (David) CRI Input from WSA HPC Meeting 6 September 14— Regular Session CRI Review Draft Inventory Phase 1 HPC Meeting 7 October 12 — Regular Session CRI Approve Inventory Phase 1 Public Meeting 2 Oct 22 (ESL and WSA) Cultural Resource Inventory Notes - Signed contract with William Self Associates (WSA) June 22 - Archival research to be about 2 weeks - Initial survey work done by early August Historic Preservation Commission Memorandum June 8, 2009 Page 2 of 2 Co -o U • O '5 4,-,' U • (/) 1 XX X U I O z > $ W O '? E— I XX XX 2 }- 1— W ce J Q U — J am o 2 Q Wm 0 > 0O 0 Q C') Z o i0 XX x x XXX cc Z c v — O Z '�, ' a) o L. O O o a3 o Q N 2 0E or) .0 0 a) co O E o 45 -5U o Z c N Q v a) c < XX X X XXX U ZC O Z CO ca cn . Q o c� J a) ._ i- a. C I a- ca 2 U X X X X X X X X •o F 0 4 Co 4- I '5 C CO >, cn O a) < > -P, 76 Q E- 0 X X X X X X X X O O Q O a) o p_ 0 0 .5 N 00 O a) cL L72U) N C Cf3 C U) CO C 0 Ca a) 0. a) C D I— a- 0 CB mc E .c� 0 0 >,-(' — a. oEUco . v, O i- � >, a) >+ C a) .Q) C 0 V O WO -QM = a) o > a) .. LU (n -- U C U C a) C > to C 'lQ�)- I— 0 CO e-T a a) Q W te a) E U T < 0 Ce M : a) a}' = +-' D .w L.. ® F— LL to a_ O < U) 2 cn I O a. a) co -o U u) '-c-: O U •� () = X XX X X XX X 0 > O O -`n X X 0 E �--- = X XX XXX -D 2 0 E 0 a) O L_ Cl D c n o N _J0 XX X E � o _ E -N O o0 m U N • O c C cv (3 OO a- -o c� u) co co c) , X 2 U) Q X X U O 17) - _ a3 Tts CO D L... .}0 R3 D 2U X X XXX ai O3 H O X 0_ n C o -o o — .2 2a) = a) c O 0 cm y- co 4- 04-- •- () O •� O - O O O L- co gU) a) c 4- 0 -- >O O E O F- a) a) d. 0 (a �-- (3 L- (6 c (3 W U) U) C > 0 0 0 C += L+_ Q Q - 0 0 - - < fQ -eWfz 0_° a' u) a) ca_ E a) a) a) a) Q c - •- a) O 0 0 0 Q W O E _ 1 0 TOWN OF ORO VALLEY PLANNING & ZONING DEPARTMENT MEMORANDUM DATE: June 8, 2009 TO: Town of Oro Valley Historic Preservation Commission FROM: Paul R Popelka, Assistant Planning and Zoning Director SUBJECT: Draft Definitions for Cultural Resources Ordinance The following definitions were developed from the compilation of the definitions within the documents provided as part of the packet in May 2009. ARCHAEOLOGIST, QUALIFIED 1. An individual or firm meeting the Arizona State Museum's standards and professional qualifications. (Scottsdale) Working definition: An individual or firm meeting the Arizona State Museum's standards and professional qualifications. ARCHAEOLOGICAL SITES 1. Sites, districts and objects representing the material remains of past human life or activities that are preserved in their original setting and important to understanding prehistory or history. (Pima County BOS)) 2. Any material remains of past human life or activities that are preserved in their original setting that are important to understanding prehistory or history. (Pima County) 3. A concentration of archaeological resources inferred to be locations used for past specific human activities. (Scottsdale) a. Recorded — an archaeological site in Arizona that has been identified by a qualified archaeologist and has been recorded in a database at the Arizona State Museum and/or the State Historic Office (SHPO) so that the location is mapped and documentation on the archaeological resources found at the location or collected from the location is available for research use. b. Significant-- archaeological resources determined by the Historic Preservation Officer, Historic Preservation Commission, or a committee of the Commission, to be significant in the City of Scottsdale when one or more of the City's nine criteria for significance are contained in the archaeological resources on a property, or designated HP District by City Council. Town's definition Archaeological site: A site containing any structure, articles or remains resulting from prehistoric human life, habitation or activity, including but not limited to petro I hs, 9 Yp pictographs, paintings, pottery, tools, ornamentation, jewelry, textiles, ceremonial objects, weapons, armaments, vessels or vehicles. ARCHAEOLOGICAL RESOURCES 1. Material remains of past human activity and life, which are at least fifty (50) years old and of historic or pre-historic significance, including artifacts, monuments, and other cultural remains. (Marana) 2. Any material remains of past human life or activities which are at least fifty (50) years old and of historic or pre-historic significance. Such materials include, but are not limited to petro glyphs, paintings, ornaments, jewelry, textiles, ceremonial objects, armaments, vessels, ships, vehicles, human skeletal remains, rock art, pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, water-control devices, pit houses, rock paintings, rock carvings, intaglios, graves, personal items and clothing, household or business refuse, printed matter, manufactured items, or any piece of any of the forgoing items. (Scottsdale) Working definition:Any material remains of past human life or activity, which are at least fifty (50) years old and of prehistoric or historic significance. CERTIFICATE OF APPROVAL 1. An official form issued by the City stating that the applicant has satisfactorily implemented the approved mitigation plan for a significant archaeological resource. (Scottsdale) 2. An official form issued by the Town of Marana stating that the applicant has satisfactorily implemented the approved mitigation plan for a significant archaeological resource. (Marana) Working definition: An official form issued by the Town stating that the applicant has satisfactorily implemented the approved mitigation plan for a significant archaeological resource. Historic Preservation Commission Memorandum June 8,2009 Page 2 of 6 CERTIFICATE OF NO EFFECT 1. An official form issued by the Town of Marana stating that no archaeological resources were identified in the archaeological survey and report, or that the archaeological resources that may be impacted by the proposed work have been determined not to be significant, or that proposed work involving one (1) or more significant cultural resources or sites will have no adverse effect on the character of the resources or sites and, therefore, work may proceed as specified in the certificate without obtaining further authorization under this article, and authorizing the issuance of any permits for said proposed work. (Marana) 2. An official form issued by the City stating that no archaeological resources were identified in the archaeological survey and report, or that the archaeological resources that may be impacted by the proposed work have been determined not to be significant, or that proposed work involving one (1) or more significant cultural resources or sites will have no adverse effect on the character of the resources or sites and, therefore, work may proceed as specified in the certificate without obtaining further authorization under this article, and authorizing the issuance of any permits for said proposed work. (Scottsdale) Working definition: An official form issued by the Town stating that no archaeological resources were identified in the archaeological survey and report, or that the archaeological resources that may be impacted by the proposed work have been determined not to be significant, or that proposed work involving one (1) or more significant cultural resources or sites will have no adverse effect on the character of the resources or sites and, therefore, work may proceed as specified in the certificate without obtaining further authorization under this article, and authorizing the issuance of any permits for said proposed work. CULTURAL RESOURCES 1. Archaeological and historic sites and buildings, districts, structures, or objects having historical, architectural, archaeological, cultural, or scientific importance. (Pima County BOS) 2. Any prehistoric or historic district, site, building, structure, object, or landmark included in, or eligible for inclusion on, the National Register of Historic Places, the Arizona Register of Historic Places or the Marana Historic Register, including artifacts, records and material remains related to such property or resource (Marana) 3. Building, site, structure, object, or district evaluated as having significance in prehistory of history (DOI) Working definition: Any prehistoric or historic building, structure, object or landmark having historical, architectural, archaeological, cultural or community importance, including artifacts, records and material remains related to such property or resource. Historic Preservation Commission Memorandum June 8, 2009 Page 3of6 DEVELOPMENT 3 1. The performance of any building or grading operation, the making of any material change in the use of appearance of any structure or land, the division of land into two (2) or more parcels, and the creation of termination of access rights. "Development" includes, but is not limited to, such activities as the construction, reconstruction, or alteration of the size, or material change in the external appearance of a structure or land; commencement of mining excavation, trenching, or grading; demolition of a structure or removal of vegetation; deposit of refuse, solid waste or fill; alteration of a floodplain, or bank of watercourse. (Marana) 2. The performance of any building or mining operation, the making of any material change in the use or appearance of any structure or land, the division of land into two (2) or more parcels, and the creation or termination of access rights. Development" includes, but is not limited to, such activities as the construction, reconstruction, or alteration of the size, or material change in the external appearance of a structure or land; commencement of mining excavation, trenching, or grading; demolition of a structure or removal of vegetation; deposit of refuse, solid waste or fill; alteration of a floodplain, or bank of watercourse. (Scottsdale) Working definition: The performance of any building or grading operation, the making of any material change in the use of appearance of any structure or land, the division of land into two (2) or more parcels, and the creation of termination of access rights. "Development" g includes, but is not limited to, such activities as the construction, reconstruction, or alteration of the size, or material change in the external appearance of a structure or land; commencement of mining excavation, trenching, or grading; 9' demolition of a structure or removal of vegetation; deposit of refuse, solid waste or fill; alteration of a floodplain, or bank of watercourse. DEVELOPMENT PROJECT 1. Any development resulting from the approval of a building permit, lot split, preliminary or final plat, rezoning application, grading permit, public or private infrastructure improvement, development review, master plans, native plant removal, relocation or re-vegetation, or use permit. (Scottsdale) Working definition: Any development resulting from the approval of a building permit, lot split, preliminary or final plat, rezoning application, grading permit, public orp rivate infrastructure improvement, development review, master plans, native plant removal, relocation or re-vegetation, or use permit. Historic Preservation Commission Memorandum June 8, 2009 Page 4 of 6 HISTORIC SITE 1. Sites, districts, structures, objects, or other evidences of human activities that represent facets of the history of the nation, state, or locality. (Pima County BOS & Pima County) 2. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure. A site may encompass more than one lot or parcel. (Scottsdale) Working definition: The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure, that represents facets of the history of the nation, state or locality. INTEGRITY 1 . The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existing during the property's historic or prehistoric period. Town's definition A measure of the authenticity of a property's historic identity evidenced by the survival ofY h sical characteristics that existing during the property's historic or prehistoric period p in comparison with its unaltered state. For example, a historic building of high integrity has few alterations or ones that can be easily reversed, and an archaeological site with high integrity is one that is relatively undisturbed; criteria included association, design, feeling, location, and materials. MITIGATION PLAN 1. Ap lan for the preservation, recovery, excavation, archiving, monitoring and/or documentation of one or more significant archaeological resources or sites (Scottsdale) 2. A plan prepared by a qualified archaeologist for the preservation, recovery, excavation, archiving, monitoring and/or documentation of one (1) or more significant archaeological resources or sites. (Marana) Working definition: A plan prepared by a qualified archaeologist for the preservation, recovery, excavation, archiving, monitoring and/or documentation of one (1) or more significant archaeological resources or sites. Historic Preservation Commission Memorandum June 8, 2009 Page 5 of 6 PRESERVATION EASEMENT 1. A non-possessory interest in real property, granted to the City Y pursuant to ARS Title 33, Chapter 2, Article 4, Conservation Easements, which imposes limitations tations or affirmative obligations on the property to preserve the historical, architectural, 1, archaeological, or cultural aspects of the real property. Working definition: A non-possessory interest in realro ert granted p y, g anted to the City pursuant to ARS Title 33, Chapter 2, Article 4, Conservation Easements, which imposes p es limitations or affirmative obligations on the property to the Y preserve historical, architectural, archaeological, or cultural aspects of the realro ert . p p Y RECORDS SEARCH 1. A process whereby a qualified archaeologist searches for documentation with the State Historic Preservation Office (SHPO) and the Arizona State MuseumAS ( M), including AZSITE (archaeological resource database maintained by SHPO), to determine if a particular site has been surveyed and inventoried. (Marana) Working definition: A process whereby aualified archaeologist searches g for documentation with the State Historic Preservation Office (SHPO) and the Arizona State Museum (ASM), including AZSITE (archaeological resource database maintained a ned b y SHPO), to determine if a particular site has been surveyed and inventoried. TRADITIONAL CULTURAL PLACES 1. Places associated with the cultural practices or beliefs of a living community, that are: (a) rooted in that community's history, and (b) important in maintaining the continuing cultural identity of the community. (Pima CountyBOS) ) Working definition: Places associated with the culturalractices or beliefs p e s of a living community that are: (a) rooted in that community's history, and (b) important in m maintaining the continuing cultural identity of the community. Historic Preservation Commission Memorandum June 8,2009 Page 6of6 ORDINANCE NO. 1521 (06) An Ordinance Of The City Of Lompoc, County Of Santa Barbara, State Of California Adding Article 17 To Title 2 Of Chapter 50 Of The Lompoc City Code Establishing A Cultural Resources Overlay District THE CITY COUNCIL OF THE CITY OF LOMPOC DOES ORDAIN AS FOLLOWS: SECTION 1. Article 17 is hereby added to Title 2 of Chapter 50 (the Zoning Ordinance) of the Lompoc City Code to read as follows: "Article 17. Cultural Resources Overlay District (CR). Section 8750. Purpose and Intent. The Cultural Resources Overlay District (CR) is intended to ensure protection of cultural resources within the City of Lompoc, while streamlining the process of development review within the Archaeological High Sensitivity Zone on the City's south side. Section 8751. Effect of Provisions. The provisions of this Ordinance will: 1. Establish a Cultural Resources Overlay District, identifying special development requirements for properties that are located south of Olive Avenue; 2. Add provisions to ensure protection of identified cultural resources within the City of Lompoc; and 3. Codify standard requirements that apply in case of accidental discovery of cultural artifacts during construction. Section 8752. Definitions. The definitions set forth in this section shall govern the construction of this Chapter. 1. Archaeological Resources. Archaeological resources consist of the physical remains of past human activity. 2. California Historical Resources Regional Information Center. The Central Coast Information Center, Department of Anthropology, University of California, Santa Barbara, Santa Barbara, CA 93106. The Central Coast Information Center is one of twelve independent regional Information Centers in California that comprise the California Historical Resources Information System (CHRIS). Each center maintains the statewide Historical Resources Inventory (HRI)database and related records for its area of responsibility. Page 1 of 15 3. Chumash Tribe. The Santa Ynez Band of Chumash Indians, headquartered in Santa Ynez, CA. Notices should be directed to the Chairman or Chairwoman of the Tribal Elders Council Governing Board for the Santa Ynez Band of Chumash Indians. The Elders request that the Tribal Elders Office be notified of any issues concerning archaeological disturbance, the finding of artifacts and/or human remains or the Native American Graves Protection and Repatriation Act. The Chumash Tribe's mailing address is P.O. Box 517, Santa Ynez, CA 93460. 4. Cultural Resources. Prehistoric and historic materials, features, and artifacts. Cultural Resources include, but are not limited to, historic structures, archaeological sites, archaeological isolates, and paleontologic resources(Reference Section 8754 of this Article). 5._ Demolition. The removal, destruction, or partial destruction of anystructure or including structures, walls. 6. Discretionary Permits. Permits which are not ministerial, those on which a decision must be made, including, for example, grading permits and development review permits, but not building permits. 7. Development Proposals. Any application for development granted or issued by the Planning Division, Building Division, or Engineering Division (development review, grading permit, building permit, or demolition permit). 8. Ground Disturbance. Any excavation, at any depth, for which a building, grading or planning permit is required, except excavation in areas and to depths that can be identified as having been previously disturbed. 9. High Sensitivity Zone. An area that includes a high density of recorded archaeological sites, although only a small proportion of its area has been surveyed. (The High Sensitivity Zone can be found on the Archaeological Sensitivity Zones Map in the Resource Management Element of the City's General Plan.) On a given project site, only the portion of that site with a slope of less than 30% will be considered to be within the high sensitivity zone. 10. Historic Archaeological Resources, Archaeological Resources that have been determined to meet one or more of the following criteria: (a) The resources are associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; (b) The resources are associated with the lives of persons important in our past; (c) The resources embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of an important creative individual, or possess high artistic values; or Page 2 of 15 (d) The resources have yielded, or may be likely to yield information important in prehistory or history. 11. Historic Context. A unit created for planning purposes that groups information about historic properties based on a shared theme, specific time period, and geographical area. 12. Historic Property. A district, site, building, structure, or object significant in North American history, architecture, engineering, archaeology, or culture at the national, state, or local level. 13. Historic Resource. Includes, but is not limited to, districts, ensembles, thematic groups, corridors, structures, bridges, buildings, sites, cemeteries, landscape features, signs, plaques, archaeological sites or artifacts, or other objects that may have historic, cultural and/or architectural significance, locally, regionally, or nationally. A historic site is considered to be the location of a historic or archaeological event, activity, occupation, structure, object, or landscape feature, including existing buildings or structures on the site, which has historic significance. 14. Integrity. The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period. 15. Isolate. An individual archaeological artifact or group of artifacts. 16. Low Sensitivity Zone. An area having a low density of recorded archaeological sites; less available fresh water except for seasonal flows in the Santa Ynez River; less diversity of plant, animal, and mineral resources important to prehistoric and early historic peoples; steep slopes less suitable for habitation or other use; past cutting and terracing which would have destroyed,displaced, or damaged surface or shallow archaeological deposits; areas of recent and rapid geologic deposition which would have tended to bury all but the most recent archaeological sites: or urban development which would have buried or destroyed earlier sites. (The High Sensitivity Zone can be found on the Archaeological Sensitivity Zones Map in the Resource Management Element of the City's General Plan.) 17. Mission. The Mision La Purisima Concepcion De Maria Santisima (Mission of the Immaculate Conception of Most Holy Mary), also called Mission Vieja de la Purisima,which was founded by Father Presidente Fermin de Lasuen on December 8, 1787, was the eleventh of the 21 Franciscan Missions in California. The Mission and its related uses were located on the south side of the City of Lompoc. The Mission is named in the National Register of Historic Places (Site#78000775)and is identified as State Historic Landmark No. 928. 18. National Register Criteria. The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places. (Ordinarily, Page 3 of 15 cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years are not considered eligible for the National Register.) Criteria - Significance in North American history, architecture, archaeology, engineering, and culture present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: (a) That are associated with events that have made a significant contribution to the broad patterns of our history; or (b) That are associated with the lives of persons significant in our past; or (c) That embody the distinctive characteristics of a type, period, or method of construction, that represent the work of a master, that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (d) That yielded or may be likely to yield, information important in prehistory or history. 19. Native American. A member of any of the indigenous peoples of the Western Hemisphere. (Lompoc was traditionally Purismeno Chumash ethnographic territory. The local tribe is the Santa Ynez Band of Mission Indians, with headquarters in Santa Ynez, CA.) 20. Non-unique Archaeological Resource. An archaeological artifact, object, or site that does not contain information needed to answer important scientific research questions,where there is a demonstrable public interest in that information; has no special and particular quality such as being the oldest of its type or the best available example of its type; or has no direct association with a scientifically recognized important prehistoric or historic event or person. A non-unique archaeological resource need be given no further consideration, other than simple recording of its existence by the lead agency, if it so elects. 21. Paleontologist. A scientist who studies paleontology, learning about forms of life that existed in former geologic periods, chiefly by studying fossils. 22. Paleontologic Resources. Fossils that are studied for what they are able to reveal about the ecologies of the past, evolution, and humans' relationship to them. 23. Phase 1 Study. The assessment, by a qualified archaeologist, of a site through a review of archival records and a field survey of the project area. Field surveys on sites of high sensitivity are to be conducted on foot along transects spaced not more than 15 meters (approximately 50 feet) apart. Field surveys of sites of low Page 4 of 15 sensitivity are to be conducted so that selected areas where resources are expected to occur are examined. 24. Phase 2 Study. The assessment, by a qualified archaeologist, of an identified archaeological site to determine its extent, integrity, and significance. 25. Phase 3 Study. Data recovery by a qualified archaeologist, generally used when a significant site cannot be reasonably avoided or preserved by the proposed development. 26. Preservation. The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features, rather than extensive replacement and new construction. New exterior additions to historic structures are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. 27. Qualified Archaeologist. An archaeologist who meets the standards of the National Register in archaeology, prehistoric archaeology, or historic archaeology,whichever applies most closely to the site or artifacts in question. The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field, plus: (a) At least one year of full-time professional experience or equivalent specialized training in archeological research, administration, or management; (b) At least four months of supervised field and analytic experience in general North American archaeology; and (c) Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. 28. State Historic Preservation Office (SHPO). The California governmental agency charged with preserving and enhancing California's irreplaceable historic heritage as a matter of public interest so that its vital legacy of cultural, educational, recreational, aesthetic, economic, social, and environmental benefits will be maintained and enriched for present and future generations. Page 5of15 29. Substantial Adverse Change. Demolition,destruction, relocation or alteration of the resource or its immediate surroundings resulting in the significance of the resource being materially impaired. 30. Unique Archaeological Resource. An archaeological artifact, object, or site demonstrating, without merely adding to the current body of knowledge, a highh probability of meeting any of the following criteria: (a) Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information; or (b) Has a special and particular quality such as being the oldest of its type or the best available example of its type; or (c) Is directly associated with a scientifically recognized important prehistoric or historic event or person. Section 8753. Applicability This Article applies to all development proposals. The following development proposals P shall comply with all of the provisions of this Article: A. Development proposals for which applications were received by Planning, Plannin , Engineering, or Building Divisions, but not approved prior to the effective date of this Chapter. B. Development proposals, grading permit applications and building permit applications filed after the effective date of this Chapter. C. Private facilities, including utilities, in the public right-of-way. D. Public facilities within and outside of the public right-of-way. Y E. Development proposals for annexation and/or development of propertyoutside City limits at the time of application. Development proposals, grading permits and/or building permits issued, on or prior to the effective date of this Article, shall a be exempt from the requirements of this Article, but remain subject to any conditions of approval related to cultural resource protection that were applied to the proposed project(s). Section 8753. 1 Demolition Demolition that requires ground-disturbance is subject to the provisions of this Article. Page 6 of 15 Section 8753.2 Non-conforming Facilities Non-conforming Facilities are subject to the requirements of Sections 8860 et seq., Non- conforming Uses, Structures, and Lots. New construction or demolition on sites with non- conforming structures shall comply with all the provisions of this Article. Section 8753.3 Modifications to Existing Structures or Facilities Modifications to existing structures or facilities that require a building permit are subject to the requirements of this Article, if the modifications will involve or require ground disturbance. Section 8754. Types of Cultural Resources There are several different types of cultural resources. These include: historic resources, paleontological resources, and archaeological resources classified as historic, unique, and non-unique. It is not uncommon to have more than one type of cultural resource located in the same area or on the same site. Areas such as river valleys and wetlands that were desirable for prehistoric creatures also may have provided construction materials, water and food sources for Native Americans. Explorers, missionaries and settlers may have later used these same sources, for many of the same reasons. Therefore,classification of some cultural resource sites can be difficult. For example, while there are no identified sites in Lompoc that are associated only with Paleontologic resources,there are combined sites where historic, historic archaeological and paleontologic remains have been found. Because there are no known paleontologic resource sites in Lompoc, specific recommendations, beyond those included in the standard accidental discovery conditions for cultural resources, have not been made. Section 8755. Environmental Review The City of Lompoc's General Plan, Resource Management Element, addresses Cultural Resource Protection, including historic structures and archaeological resources. This element divides the City into two areas with respect to archaeological resources, those in the high sensitivity zone and those in the low sensitivity zone. In addition, archaeological resources are classified as being historic, unique and historic, unique or non-unique. The following section discusses the requirements under this Ordinance for environmental review of cultural resources in these differing classifications. A. Historic Structures. Individual environmental documentation shall be prepared for any proposal involving a historic structure, place or landmark, as a part of the evaluation of the proposed project. B. Historic Archaeology - Single Issue Evaluation. In cases where the only environmental issue related to a proposed development within the Cultural Resources Overlay District, High Sensitivity Zone, or on or adjacent to a known historic archaeological site, is that of cultural resources that are known, or reasonably expected to be historic archaeological resources, the Negative Declaration prepared for this Ordinance and this Ordinance may be relied upon as having adequately addressed the archaeological impact of these subsequent Page 7 of 15 projects, pursuant to the California Environmental Quality Act (CEQA). When this is the case, all of the measures required by this Ordinance for development located in an archaeologically High SensitivityP 9 Y 9 Zone or on a known historic archaeological site, shall be fully implemented as set forth in Section 8758 of this Article. C. Multiple Environmental Issues of Potential Significance. If there areotentiall P Y significant environmental issues, in addition to historic archaeological resources, associated with a proposed project within the Cultural Resources Overlay District, High Sensitivity Zone, or on or adjacent to a known historic or archaeological site, a full environmental review, in the form of a Negative Declaration or Environmental Impact Report (EIR), must be prepared, P rior to project approval. D. Unique Archaeological Resource. If an archaeological resource is determined to be unique but does not qualify as a historic archaeological resource, a Mitigated Negative Declaration or EIR must be prepared for the proposed project. A Phase 1 study must be prepared, as well as a Phase 2 or 3 investigation if determined to be warranted by a qualified archaeologist, as apart of the environmental evaluation of the project. If a qualified archaeologist finds that an archaeological resource is unique and cannot be avoided or preserved in place by some other means, and data recovery through excavation is the only feasible mitigation, a data recovery plan, providing for adequately recovering the scientifically consequential information from and about the resource shall be prepared and adopted, prior to any excavation or further excavation being undertaken. Data recovery shall not be required for an archaeological resource if the lead agency determines that testing or studies already completed have adequately recovered the scientifically consequential information from and about the archaeological resource, provided that such determination is recorded in the environmental document and that such studies are deposited with the California Historical Resources Regional Information Center. E. Low Sensitivity Zone. All projects in the Low Sensitivity Zone involving 20 acres or more in size shall be required to have a Phase 1 Study, and, if cultural resources are identified, a Phase 2 and/or 3 study, as directed by a qualified archaeologist. After the Phase 1-3 studies have been completed, an environmental document shall be prepared pursuant to CEQA. F. Non-unique Archaeological Resource. If an archaeological resource is determined to be non-unique and archaeological resources are the only environmental issues associated with the proposed development or project, a Categorical Exemption may be prepared pursuant to CEQA. If, however, because of other potentially significant environmental issues, a Negative Declaration or EIR is prepared for the project, the non-unique archeological resource and the effect of the project on it should be noted in the initial study or EIR, but does not need to be considered further in the CEQA process. Page 8 of 15 Section 8756. Historic Structures, Places and Landmarks Lompoc's historic structures and places are identified in Table 4 of the City of Lompoc's Cultural Resources Study, prepared by Laurence W. Spanne, M.A. in October 1988, and retained in the office of the City Clerk. Lompoc's designated Historic Landmarks 1-8 are identified on pages 30 and 31 of the Lompoc Cultural Resources Study. Two Landmarks designated after the study was published are the Douglass-Willis House at 105 E. Olive Avenue and the Veterans Memorial Building on the south side of the intersection of Locust Avenue and "H" Street. All projects that involve changes to or impacts on designated historic structures, places, and landmarks shall be reviewed through the Lompoc Planning Commission's Architectural Review Process,as described in Title 3, Chapter 2,Article 1 of the Lompoc's Comprehensive Zoning Ordinance and the City's Architectural Review Guidelines, Lompoc City Code Section 8825. Section 8757. Reserved For Future Use Section 8758. Development Within the Archaeological High Sensitivity Zone. The City of Lompoc's General Plan identifies areas of high archaeological sensitivity in the Archaeological Sensitivity Zones Map in the Resource Management Element of the City of Lompoc's General Plan. The delineation of these high sensitivity zones was made by Laurence Spanne, M.A. and is taken from his City of Lompoc Cultural Resources Study, prepared in 1988, a copy of which is on file in the City Clerk's office. Much of the High Sensitivity Zone is located in the south and southeast section of the City, against the south hilts, and on the alluvial fan of Miguelito Creek. Significant historic, pre-historic, and paleontologic resources have been found in these areas. On a given project site, only the portion of that site with a slope of less than 30% will be considered to be within the high sensitivity zone. The most important historic archaeological site in the City of Lompoc is the Mision La Purisima Concepcion De Maria Santisima and its related activity sites (SBa—220, SBa — 221). The Mission is located south of Olive Avenue in Lompoc. A portion of the Mission site is designated on the National Register of Historic Places (Site#78000775) and is identified as State Historical Landmark No. 928. The National Register site encompasses only a very small portion of the Mission and its related activity areas. Section 8758.1. Cultural Resource Overlay District Requirements The Cultural Resources Overlay District applies to all property, within the City of Lompoc, located south of the centerline of Olive Avenue and its extrapolation to the east, between "V"Street and Highway 1, as shown on the Archaeological Sensitivity Zones Map found in the Resource Management Element of the Lompoc General Plan. This area has been evaluated and determined to have historic archaeological value, based on the presence of the Mission, other known archaeological sites, and Mission- related uses. This Cultural Resources Overlay District will be reflected on the City's Zoning Map with the designation of"CR". If ground-disturbing development is proposed in this area, the property owner or applicant has the option of implementing measure A or B below. Page 9 of 15 A. Phase I Evaluation Prior to construction, the project applicant shall retain a qualified archaeologist to conduct a Phase 1 study of the subject property, in relation to the proposed development. If the project area, or a portion thereof, was previously surveyed to acceptable standards, the earlier Phase 1 study can be used to satisfy this requirement for the area that was surveyed. if cultural resources are found as a result of the Phase 1 study, a qualified archaeologist shall make recommendations regarding the need for additional investigation or measures necessary to protect the archaeological resources on the subject site (Phase 2 or 3 evaluation). As development occurs, measures included in the archaeologist's report shall be implemented. If evidence of prehistoric artifacts are discovered, the Chumash Tribe shall be consulted; or B. Monitoring Prior to construction, the applicant shall retain a qualified archaeologist to monitor all ground-disturbing work associated with the proposed project. If evidence of prehistoric artifacts is discovered, the Chumash tribe shall be consulted. If artifacts of significance are identified during ground-disturbing work,the measures stipulated in the Archaeological Protection Program shall be followed, or the Program, as amended by a qualified archaeologist, shall be followed,to preserve or curate the artifacts. Within 30 days after completion of a Phase 1 study or monitored ground-disturbing activity, the property owner shall provide the Planning Division with a report prepared by a qualified archaeologist, verifying that the monitoring occurred as required, discussing the results of the monitoring, and identifying the significance and disposition of any artifacts discovered during monitoring. Section 8758.2 Cultural Resource Protection Program The following Cultural Resource Protection Program shall be implemented in cases where cultural resources are uncovered, either while a project is being actively monitored by an archaeologist or accidentally during the course of construction. Work shall stop until a qualified archaeologist has reviewed the find and determined if it qualifies as a historic resource or a unique resource. If the find is determined to be historic or unique by the qualified archaeologist, a plan for preservation of the material shall be developed by the archaeologist and implemented. If evidence of prehistoric artifacts is discovered, the Chumash tribe shall be consulted. Preservation in place shall be the preferred manner of mitigation. If data recovery through excavation is the only feasible mitigation, a data recovery plan, providing for adequate recovery of scientifically consequential information from and about the historical resource, shall be prepared and adopted, prior to any further excavation. Data recovery shall not be required for an archaeological resource if the lead agency determines that testing or studies already completed have adequately recovered the scientifically consequential information from and about the archaeological resource, provided that the studies are deposited with the California Historical Resources Regional information Center. Page 10 of 15 Section 8758.3 Development Within the High Sensitivity Zone, Outside The Cultural Resources Overlay District Development, including annexation proposals,on property within the High Sensitivity Zone, but outside the Cultural Resources Overlay District, shall comply with the requirements identified in 8758.1 above. Historic archaeological sites within the High Sensitivity Zone that are currently within the City's jurisdiction are Archaeological site numbers SBa-1751 and SBa-2066. In addition, some isolates have been found within City jurisdiction and at many archaeological sites on United States Bureau of Prisons property, lying within City limits, and under federal jurisdiction. Section 8759. Development Within The Archaeological Low Sensitivity Zone All development proposals, involving parcels 20 acres or more in size, within the low sensitivity zone, including General Plan amendments, zone changes, annexations, subdivision maps, and parcel maps shall be required to conduct a Phase 1 study as a part of an environmental review of the proposal. The coverage of the Phase 1 study, the need for subsequent studies, and use of previous studies shall be as set forth in Section 8758.1. Archaeological sites currently identified within the Low Sensitivity Zone, within the City's jurisdiction, that have historic value are Archaeological site numbers SBa—3576 and SBa- 1767H. Development on or near these known historic cultural resource sites, or on or near any cultural resource sites discovered subsequent to the adoption of this Article, must comply with the requirements identified in 8761.1. Section 8760. Accidental Discovery During Construction Because the Lompoc Valley has been identified as having potentially significant cultural resources throughout and has not been fully surveyed, each conditionally approved development application shall have the following three conditions applied to ensure that accidental finds of cultural resources are properly evaluated. This section applies to all conditionally approved development proposals, whether they are in the high sensitivity zone or the low sensitivity zone, even if a Phase 1 study has been undertaken. A. In the event that cultural artifacts are unearthed during excavation, work shall stop and a qualified archeologist, meeting the professional qualifications standards of the Secretary of the Interior for Archaeology, shall evaluate the find. if determined to be necessary by the archaeologist, a plan for the preservation or curation of the artifacts from the site shall be prepared by the archeologist and implemented,while being overseen by that archeologist. If evidence of prehistoric artifacts is discovered, the Chumash tribe shall be consulted. Construction work may be allowed to continue on other parts of the construction site while mitigation takes place. The archeologist shall file a resource record detailing the materials found and their disposition, as required by the State Historic Preservation Office. Page 11 of 15 B. If paleontological artifacts are unexpectedly unearthed during excavation, an evaluation of the artifacts and the site shall be conducted by an experienced paleontologist. An appropriate plan for the preservation of the artifacts shall be prepared by the paleontologist and implemented, while being overseen by that paleontologist. Construction work may be allowed to continue on other parts of the construction site while mitigation takes place. C. If human remains are accidentally discovered or recognized during construction, all site excavation or other disturbance shall cease and the County Coroner shall be notified. Excavation shall not resume until the Coroner has determined that the remains are not subject to investigation under Government Code Section 27491 and until any required recommendations on Native American Remains have been made under Public Resources Code Section 5097.98.; Health and Safety Code Section 7050.5(b); 14 Cal. Code Regs Section 15064.5(e); or other applicable law. Construction work may be allowed to continue on other parts of the construction site while the requirements identified above are being met. Page 12 of 15 Section 8761.TABLE OF REQUIREMENTS FOR CULTURAL RESOURCE EVALUATION Location of Required Cultural Resource Process Proposed Development Designated historic • Projects that involve changes to or will impact these structures, places and historic structures, places and landmarks are to be Landmarks. reviewed through the Lompoc Planning Commission's Architectural Review Process as described in Title 3, Chapter 2, Article 1 of the City's Zoning Ordinance and Architectural Review Guidelines. An Individual Environmental Assessment under CEQA must be conducted. • Apply standard cultural resource conditions. Development on • Retain a qualified archaeologist to conduct a Phase 1 property within the evaluation of the site and proposed development and identified Cultural if cultural resources are identified, a Phase 2 and/or 3 Resource Overlay study; or retain a qualified archaeologist to monitor all District, where ground-disturbing activity associated with the archaeology is the proposed development and implement the only environmental Archaeological Protection Program when appropriate. issue. • Apply standard accidental discovery cultural resource conditions. Development within • Retain a qualified archaeologist to conduct a Phase 1 the High Sensitivity evaluation of the site and proposed development, and Zone not within the if cultural resources are identified, a Phase 2 and/or 3 Cultural Resource study; or retain a qualified archaeologist to monitor all Overlay District, ground-disturbing activity associated with the where the proposed development and implement the archaeological Archaeological Protection Program when appropriate. resource in question • Apply standard accidental discovery cultural resource is historic and conditions. archaeology is the only environmental issue. Development within • Retain a qualified archaeologist to monitor all ground- the Low Sensitivity disturbing activity associated with the proposed Zone on or adjacent development and implement the Archaeological to an identified Protection Plan when appropriate. archaeologically • Apply standard accidental discovery cultural resource historic site, where conditions. archaeology is the only issue. Page 13 of 15 Development in the • A full environmental review, in the form of a Negative Cultural Resources Declaration or Environmental Impact Report (EIR) Overlay District, High must be prepared, prior to project approval. This Sensitivity Zone, on or review shall include a Phase 1 evaluation and, if adjacent to a known cultural resources are identified, a Phase 2 and /or 3 archaeological site, study shall be completed if it is determined to be where the resources necessary by a qualified archaeologist. The findings involved are historic of these studies shall be incorporated into the archaeological environmental review document. resources, and there • Apply standard accidental discovery cultural resource are other conditions. environmental issues associated with the project. Development within • Conduct a Phase 1 evaluation of the site and the high or low proposed development, and if cultural resources are sensitivity zone where identified, a Phase 2 and/or 3 study, as determined to the archaeological be necessary by a qualified archaeologist. Once the resource is Phase 1-3 studies have been completed, an determined to be environmental document shall be prepared pursuant unique, but not to CEQA. historic. • Apply standard accidental discovery cultural resource conditions. Development within • All projects involving 20 acres or more in size shall be the Low Sensitivity required to have a Phase 1 Study, and if cultural Zone resources are identified, a Phase 2 and/or 3 study. Once the Phase 1-3 studies have been completed, an environmental document shall be prepared pursuant to CEQA. • Apply standard accidental discovery cultural resource conditions. Citywide, on • Apply standard cultural resource conditions. Discretionary Permits for Development Section 8762. Violations / Penalties Any firm corporation, or person, whether as principal, agent, employee, or otherwise violating or causing the violation of any of the provisions of this Article shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars($1,000.00) or by incarceration in the County jail for not more than six (6)months, or by both such fine and incarceration. Any violations of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued. In addition, any violation of the divisions of this Article is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. Page 14 of 15 Section 8763. Severability If any portion of this article is held to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsection, and clauses shall not be affected thereby. The City council hereby declares that it would have adopted this Article regardless of the fact that one or more sections, subsections, sentences, clauses, or phrases may be determined to be unconstitutional or invalid. SECTION 2. This Ordinance is effective on the thirty-first day after its enactment. PASSED AND ADOPTED on March 7, 2006, by the following electronic vote: AYES: Councilmember: DeWayne Holmdahl, Michael Siminski, and Mayor Dick DeWees. NOES: Councilmember: Will Schuyler ABSENT: Councilmember: Janice Keller l� /,e/,/ Dic DeWees, Mayor City of Lompoc ATTEST: D•nna N. Terrones ity Clerk ity of Lompoc Attachment: A Exhibit Al — Zoning Map Amendment (Existing) Exhibit A2 — Zoning Map Amendment (Existing) Exhibit A3 — Zoning Map Amendment (Existing) Exhibit A4 -- Zoning Map Amendment (Existing) Exhibit B1 -- Zoning Map Amendment (Proposed) Exhibit B2 — Zoning Map Amendment (Proposed) Exhibit B3 — Zoning Map Amendment (Proposed) Exhibit B4 — Zoning Map Amendment (Proposed) Page 15 of 15 TOWN OF ORO VALLEY PLANNING & ZONING DEPARTMENT MEMORANDUM DATE: June 8, 2009 TO: Town of Oro Valley Historic Preservation Commission FROM: Paul R Popelka, Assistant Planning and Zoning Director SUBJECT: Work Schedule for HPC and Environmentally Sensitive Lands Ordinance HPC Meeting 1 June 8 - Special Session (5:00) ESL Work Program and Schedule Public Outreach (Mary) Review materials sent commissioners in May - TOV and other ordinances, materials for background - Review initial list of cultural resource definitions HPC Meeting 2 June 15 - Regular Session (5:00) Regular meeting agenda ESL Follow-up discussion, review criteria HPC Meeting July 13 - Regular Session (5:00) CRI Initial meeting with William Self Associates (WSA) on Cultural Inventory HPC Meeting 3 July 20 or 27 - Special Session (5:00) CRI Present cultural inventory (WSA) ESL Review draft of Definitions/Criteria Preliminary Priorities Public Meeting 1 June 23 (ESL) HPC Meeting 4 August 10 - Regular Session (5:00) CRI Review initial survey results (WSA) HPC Meeting 5 Late August/Early Sept ESL Review Draft Cultural Resources Ordinance (David) CRI Input from WSA HPC Meeting 6 September 14— Regular Session CRI Review Draft Inventory Phase 1 HPC Meeting 7 October 12 — Regular Session CRI Approve Inventory Phase 1 3 Public Meeting 2 Oct 22 (ESL and WSA) Cultural Resource Inventory Notes - Signed contract with William Self Associates (WSA) June 22 - Archival research to be about 2 weeks - Initial survey work done by early August Historic Preservation Commission Memorandum June 8, 2009 Page 2 of 2 -o 0 Cl) ' O .+ O }' U •_ col X X X 0 LI- I— �O Z > � W O .� F— I XX XX 2 >- ~ W ce —Ja U - Q- Wm O 0Z o ._i0 XX X X XXX W C 0 a - - o O Z .� °' a2 o L . O O .� o c� c6 o O N 2 E cm •� -� 03 °' Z oo W E o .5 C' 0 0o (r) < XX X X XXX O Z C N U I— E O -0 C o co o Z cn . Q 2 CM a) CO -T3 .J a) ._ (Y c L Q. C 713 caa) (2 a- a32O XXXX X XXX U•_ a- 5 o 4-4 0 4-4 O co 9- n o COa) < > O 5 CO CO HO XXXX XXXX O 0 Q 0 a) O 0 ov .� 00 O 12 C\J CL cC a) 5 5 c E' -CD D 0 CO (1) .0 a) C H a- 0 O) mc E '� 0 co 1/4., c6 — .. '(7) O CL0EC/) C0 VO On ca _ .O > � a) W 2 ") O _,4--= 0 ‹ ,_ : CO 0 Co O a) I- 0 m Q� -ao < u) cnO E U4- c I- LL U) cL 0 < o) 2 Cn = OCL. co -o U c!) 'C O O ''''-- U • (/) 1 X XX X X XX X 0 O 0 •`� XXX X X E H = X X x 0 C 0 E 0 — O CI D o E 4 - O c`�nocv JU XX X E2 o -N O o0 Q) Q U C MC O p -o CD ca _ Co O -C a) U L 2 U) < X X X a_ U O . _ C3 co C L- R3 D CQ j 2U X X XXX Co OD H O X 0_ E C wo w O }, a) Co c co a) co 4- 4- U a) O •C O -(76 O 'U O j -.--, C W C a) cl a) > a) cr-, a) ,.,_(1) wc La :r_o cf) 6 u) (-1" Co L- CCS L- CC3 C CI3 L jJ Ua) C > U U U C ',E U Z U Q U O U )tC0 .0 0)� • O 'C co p - - O- +_ Wi+-- a • CO OE z ) O � - • 0 0W 0 0 I I 0 TOWN OF ORO VALLEY PLANNING & ZONING DEPARTMENT MEMORANDUM DATE: June 8, 2009 TO: Town of Oro Valley Historic Preservation Commission FROM: Paul R Popelka, Assistant Planning and Zoning Director SUBJECT: Draft Definitions for Cultural Resources Ordinance The following definitions were developed from the compilation of the definitions within the documents provided as part of the packet in May 2009. ARCHAEOLOGIST, QUALIFIED 1. An individual or firm meeting the Arizona State Museum's standards and professional qualifications. (Scottsdale) Working definition: An individual or firm meeting the Arizona State Museum's standards and professional qualifications. ARCHAEOLOGICAL SITES 1. Sites, districts and objects representing the material remains of past human life or activities that are preserved in their original setting and important to understanding prehistory or history. (Pima County BOS)) 2. Any material remains of past human life or activities that are preserved in their original setting that are important to understanding prehistory or history. (Pima County) 3. A concentration of archaeological resources inferred to be locations used for past specific human activities. (Scottsdale) a. Recorded — an archaeological site in Arizona that has been identified by a qualified archaeologist and has been recorded in a database at the Arizona State Museum and/or the State Historic Office (SHPO) so that the location is mapped and documentation on the archaeological resources found at the location or collected from the location is available for research use. b. Significant— archaeological resources determined by the Historic Preservation Officer, Historic Preservation Commission, or a committee of the Commission, to be significant in the City of Scottsdale when one or more of the City's nine criteria for significance are contained in the archaeological resources on a property, or designated HP District by City Council. Town's definition Archaeological site: A site containing any structure, articles or remains resulting from prehistoric human life, habitation or activity, including but not limited toetro I hs p g Yp , pictographs, paintings, pottery, tools, ornamentation, jewelry, textiles, ceremonial objects, weapons, armaments, vessels or vehicles. ARCHAEOLOGICAL RESOURCES 1. Material remains of past human activity and life, which are at least fifty (50) years old and of historic or pre-historic significance, including artifacts, monuments, and other cultural remains. (Marana) 2. Any material remains of past human life or activities which are at least fifty years old and of historic or pre-historic significance. Such materials include, but are not limited to petro glyphs, paintings, ornaments, jewelry, textiles, ceremonial objects, armaments, vessels, ships, vehicles, human skeletal remains, rock art, pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, water-control devices, pit houses, rock paintings, rock carvings, intaglios, graves, personal items and clothing, household or business refuse, printed matter, manufactured items, or any piece of any of the forgoing items. (Scottsdale) Working definition:Any material remains of past human life or activity, which are at least fifty (50) years old and of prehistoric or historic significance. CERTIFICATE OF APPROVAL 1. An official form issued by the City stating that the applicant has satisfactorily Y implemented emented the approved mitigation plan for a significant archaeological ical resource. (Scottsdale) 2. An official form issued by the Town of Marana stating that the applicant has satisfactorily implemented the approved mitigation plan for a significant archaeological resource. (Marana) Working definition: An official form issued by the Town stating that the applicant has satisfactorily implemented the approved mitigation plan for a significant archaeological resource. Historic Preservation Commission Memorandum June 8,2009 Page 2 of 6 CERTIFICATE OF NO EFFECT 1. An official form issued by the Town of Marana stating that no archaeological resources were identified in the archaeological survey and report, or that the archaeological resources that may be impacted by the proposed work have been determined not to be significant, or that proposed work involving one (1) or more significant cultural resources or sites will have no adverse effect on the character of the resources or sites and, therefore, work may proceed as specified in the certificate without obtaining further authorization under this article, and authorizing the issuance of any permits for said proposed work. (Marana) 2. An official form issued by the City stating that no archaeological resources were identified in the archaeological survey and report, or that the archaeological resources that may be impacted by the proposed work have been determined not to be significant, or that proposed work involving one (1) or more significant cultural resources or sites will have no adverse effect on the character of the resources or sites and, therefore, work may proceed as specified in the certificate without obtaining further authorization under this article, and authorizing the issuance of any permits for said proposed work. (Scottsdale) Working definition: An official form issued by the Town stating that no archaeological resources were identified in the archaeological survey and report, or that the archaeological resources that may be impacted by the proposed work have been determined not to be significant, or that proposed work involving one (1) or more significant cultural resources or sites will have no adverse effect on the character of the resources or sites and, therefore, work may proceed as specified in the certificate without obtaining further authorization under this article, and authorizing the issuance of any permits for said proposed work. CULTURAL RESOURCES 1. Archaeological and historic sites and buildings, districts, structures, or objects having historical, architectural, archaeological, cultural, or scientific importance. (Pima County BOS) 2. Any prehistoric or historic district, site, building, structure, object, or landmark included in, or eligible for inclusion on, the National Register of Historic Places, the Arizona Register of Historic Places or the Marana Historic Register, including artifacts, records and material remains related to such property or resource (Marana) 3. Building, site, structure, object, or district evaluated as having significance in prehistory of history (DOI) Working definition: Any prehistoric or historic building, structure, object or landmark having historical, architectural, archaeological, cultural or community importance, including artifacts, records and material remains related to such property or resource. Historic Preservation Commission Memorandum June 8, 2009 Page 3of6 DEVELOPMENT 1. The performance of any building or grading operation, the making of any material change in the use of appearance of any structure or land, the division of land into two (2) or more parcels, and the creation of termination of access rights. "Development" includes, but is not limited to, such activities as the construction, reconstruction, or alteration of the size, or material change in the external appearance of a structure or land; commencement of mining excavation, trenching, or grading; demolition of a structure or removal of vegetation; deposit of refuse, solid waste or fill; alteration of a floodplain, or bank of watercourse. (Marana) 2. The performance of any building or mining operation, the making of any material change in the use or appearance of any structure or land, the division of land into two (2) or more parcels, and the creation or termination of access rights. Development" includes, but is not limited to, such activities as the construction, reconstruction, or alteration of the size, or material change in the external appearance of a structure or land; commencement of mining excavation, trenching, or grading; demolition of a structure or removal of vegetation; deposit of refuse, solid waste or fill; alteration of a floodplain, or bank of watercourse. (Scottsdale) Working definition: The performance of any building or grading operation, the making of any material change in the use of appearance of any structure or land, the division of land into two (2) or more parcels, and the creation of termination of access rights. "Development" g includes, but is not limited to, such activities as the construction, reconstruction, or alteration of the size, or material change in the external appearance of a structure or land; commencement of mining excavation, trenching, or ;radia 9' g demolition of a structure or removal of vegetation; deposit of refuse, solid waste or fill; alteration of a floodplain, or bank of watercourse. DEVELOPMENT PROJECT 1. Any development resulting from the approval of a building permit, lot split, preliminary or final plat, rezoning application, grading permit, public or private infrastructure improvement, development review, master plans, native plant removal, relocation or re-vegetation, or use permit. (Scottsdale) Working definition: Any development resulting from the approval of a buildingpermit, , lot split, preliminary or final plat, rezoning application, grading permit, public orp rivate infrastructure improvement, development review, master plans, native plant removal, relocation or re-vegetation, or use permit. Historic Preservation Commission Memorandum June 8, 2009 Page 4 of 6 HISTORIC SITE 1. Sites, districts, structures, objects, or other evidences of human activities that represent facets of the history of the nation, state, or locality. (Pima County BOS & Pima County) 2. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure. A site may encompass more than one lot or parcel. (Scottsdale) Working definition: The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure, that represents facets of the history of the nation, state or locality. INTEGRITY 1. The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existing during the property's historic or prehistoric period. Town's definition A measure of the authenticity of a property's historic identity evidenced by the survival ofphy sical characteristics that existing during the property's historic or prehistoric period in comparison with its unaltered state. For example, a historic building of high integrity has few alterations or ones that can be easily reversed, and an archaeological site with high integrity is one that is relatively undisturbed; criteria included association, design, g feeling, location, and materials. MITIGATION PLAN 1. Ap lan for the preservation, recovery, excavation, archiving, monitoring and/or documentation of one or more significant archaeological resources or sites (Scottsdale) 2. A plan prepared by a qualified archaeologist for the preservation, recovery, excavation, archiving, monitoring and/or documentation of one (1) or more significant archaeological resources or sites. (Marana) Working definition: A plan prepared by a qualified archaeologist for the preservation, recovery, excavation, archiving, monitoring and/or documentation of one (1) or more significant archaeological resources or sites. Historic Preservation Commission Memorandum June 8, 2009 Page 5 of 6 PRESERVATION EASEMENT 1. A non-possessory interest in real property, granted to the Citypursuant ant to ARS Title 33, Chapter 2, Article 4, Conservation Easements, which imposes limitations imitations or affirmative obligations on the property to preserve the historical, architectural, archaeological, or cultural aspects of the real property. Working definition: A non-possessory interest in realert ro p p y, granted to the City pursuant to ARS Title 33, Chapter 2, Article 4, Conservation Easements, which imposes limitations or affirmative obligations on thero ert to p P y preserve e the historical, architectural, archaeological, or cultural aspects of the realro ert . p P Y RECORDS SEARCH 1. A process whereby a qualified archaeologist searches for documentation with the State Historic Preservation Office (SHPO) and the Arizona State Museum (ASM), including AZSITE (archaeological resource database maintained by SHPO), to determine if a particular site has been surveyed and inventoried. Maran ( a) Working definition: A process whereby aualified archaeologist q g t searches for documentation with the State Historic Preservation OfficeSHPO ( ) and the Arizona State Museum (ASM), including AZSITE (archaeological resource database maintained by SHPO), to determine if a particular site has been surveyed and inventoried. TRADITIONAL CULTURAL PLACES 1. Places associated with the cultural practices or beliefs of a living community, that are: (a) rooted in that community's history, and (b) important in maintainingthe identity cultural of the community. (Pima CountyBOS) ) Working definition: Places associated with the culturalractices or p beliefs of a living community that are: (a) rooted in that community's history, and (b) important in maintaining the continuing cultural identity of the community. Y Historic Preservation Commission Memorandum June 8, 2009 Page 6 of 6 ORDINANCE NO. 1521 (06) An Ordinance Of The City Of Lompoc, County Of Santa Barbara, State Of California Adding Article 17 To Title 2 Of Chapter 50 Of The Lompoc City Code Establishing A Cultural Resources Overlay District THE CITY COUNCIL OF THE CITY OF LOMPOC DOES ORDAIN AS FOLLOWS: SECTION 1. Article 17 is hereby added to Title 2 of Chapter 50 (the Zoning Ordinance) of the Lompoc City Code to read as follows: "Article 17. Cultural Resources Overlay District (CR). Section 8750. Purpose and Intent. The Cultural Resources Overlay District (CR) is intended to ensure protection of cultural resources within the City of Lompoc,while streamlining the process of development review within the Archaeological High Sensitivity Zone on the City's south side. Section 8751. Effect of Provisions. The provisions of this Ordinance will: 1. Establish a Cultural Resources Overlay District, identifying special development requirements for properties that are located south of Olive Avenue; 2. Add provisions to ensure protection of identified cultural resources within the City of Lompoc; and 3. Codify standard requirements that apply in case of accidental discovery of cultural artifacts during construction. Section 8752. Definitions. The definitions set forth in this section shall govern the construction of this Chapter. 1. Archaeological Resources. Archaeological resources consist of the physical remains of past human activity. 2. California Historical Resources Regional Information Center. The Central Coast Information Center, Department of Anthropology, University of California, Santa Barbara, Santa Barbara, CA 93106. The Central Coast Information Center is one of twelve independent regional Information Centers in California that comprise the California Historical Resources Information System (CHRIS). Each center maintains the statewide Historical Resources Inventory (HRI)database and related records for its area of responsibility. Page 1 of 15 3. Chumash Tribe. The Santa Ynez Band of Chumash Indians, headquartered in Santa Ynez, CA. Notices should be directed to the Chairman or Chairwoman of the Tribal Elders Council Governing Board for the Santa Ynez Band of Chumash Indians. The Elders request that the Tribal Elders Office be notified of any issues concerning archaeological disturbance, the finding of artifacts and/or human remains or the Native American Graves Protection and Repatriation Act. The Chumash Tribe's mailing address is P.O. Box 517, Santa Ynez, CA 93460. 4. Cultural Resources. Prehistoric and historic materials, features, and artifacts. Cultural Resources include, but are not limited to, historic structures, archaeological sites, archaeological isolates, and paleontologic resources(Reference Section 8754 of this Article). 5. Demolition. The removal, destruction. Qr partial destruction of anystructure or including structures, walls. 6. Discretionary Permits. Permits which are not ministerial, those on which a decision must be made, including, for example, grading permits and development review permits, but not building permits. 7. Development Proposals. Any application for development granted or issued by the Planning Division, Building Division, or Engineering Division (development review, grading permit, building permit, or demolition permit). 8. Ground Disturbance. Any excavation, at any depth, for which a building, grading or planning permit is required, except excavation in areas and to depths that can be identified as having been previously disturbed. 9. High Sensitivity Zone. An area that includes a high density of recorded archaeological sites, although only a small proportion of its area has been surveyed. (The High Sensitivity Zone can be found on the Archaeological Sensitivity Zones Map in the Resource Management Element of the City's General Plan.) On a given project site, only the portion of that site with a slope of less than 30% will be considered to be within the high sensitivity zone. 10. Historic Archaeological Resources. Archaeological Resources that have been determined to meet one or more of the following criteria: (a) The resources are associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; (b) The resources are associated with the lives of persons important in our past; (c) The resources embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of an important creative individual, or possess high artistic values; or Page 2 of 15 (d) The resources have yielded, or may be likely to yield information important in prehistory or history. 11. Historic Context. A unit created for planning purposes that groups information about historic properties based on a shared theme, specific time period, and geographical area. 12. Historic Property. A district, site, building, structure, or object significant in North American history, architecture, engineering, archaeology: or culture at the national, state, or local level. 13. Historic Resource. Includes, but is not limited to, districts, ensembles, thematic groups, corridors, structures, bridges, buildings, sites, cemeteries, landscape features, signs, plaques, archaeological sites or artifacts, or other objects that may have historic, cultural and/or architectural significance, locally, regionally, or nationally. A historic site is considered to be the location of a historic or archaeological event, activity, occupation, structure, object, or landscape feature, including existing buildings or structures on the site, which has historic significance. 14. Integrity. The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period. 15. Isolate. An individual archaeological artifact or group of artifacts. 16. Low Sensitivity Zone. An area having a low density of recorded archaeological sites; less available fresh water except for seasonal flows in the Santa Ynez River; less diversity of plant, animal, and mineral resources important to prehistoric and early historic peoples; steep slopes less suitable for habitation or other use; past cutting and terracing which would have destroyed,displaced, or damaged surface or shallow archaeological deposits; areas of recent and rapid geologic deposition which would have tended to bury all but the most recent archaeological sites: or urban development which would have buried or destroyed earlier sites. (The High Sensitivity Zone can be found on the Archaeological Sensitivity Zones Map in the Resource Management Element of the City's General Plan.) 17. Mission. The Mision La Purisima Concepcion De Maria Santisima (Mission of the Immaculate Conception of Most Holy Mary), also called Mission Vieja de la Purisima,which was founded by Father Presidente Fermin de Lasuen on December 8, 1787, was the eleventh of the 21 Franciscan Missions in California. The Mission and its related uses were located on the south side of the City of Lompoc. The Mission is named in the National Register of Historic Places (Site#78000775)and is identified as State Historic Landmark No. 928. 18. National Register Criteria. The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places. (ordinarily, Page 3 of 15 cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years are not considered eligible for the National Register.) Criteria - Significance in North American history, architecture, archaeology, engineering, and culture present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: (a) That are associated with events that have made a significant contribution to the broad patterns of our history; or (b) That are associated with the lives of persons significant in our past; or (c) That embody the distinctive characteristics of a type, period, or method of construction, that represent the work of a master, that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (d) That yielded or may be likely to yield, information important in prehistory or history. 19. Native American. A member of any of the indigenous peoples of the Western Hemisphere. (Lompoc was traditionally Purismeno Chumash ethnographic territory. The local tribe is the Santa Ynez Band of Mission Indians, with headquarters in Santa Ynez, CA.) 20. Non-unique Archaeological Resource. An archaeological artifact, object, or site that does not contain information needed to answer important scientific research questions,where there is a demonstrable public interest in that information; has no special and particular quality such as being the oldest of its type or the best available example of its type; or has no direct association with a scientifically recognized important prehistoric or historic event or person. A non-unique archaeological resource need be given no further consideration, other than simple recording of its existence by the lead agency, if it so elects. 21. Paleontologist. A scientist who studies paleontology, learning about forms of life that existed in former geologic periods, chiefly by studying fossils. 22. Paleontologic Resources. Fossils that are studied for what they are able to reveal about the ecologies of the past, evolution, and humans' relationship to them. 23. Phase 1 Study. The assessment, by a qualified archaeologist, of a site through a review of archival records and a field survey of the project area. Field surveys on sites of high sensitivity are to be conducted on foot along transects spaced not more than 15 meters (approximately 50 feet) apart. Field surveys of sites of low Page 4 of 15 sensitivity are to be conducted so that selected areas where resources are expected to occur are examined. 24. Phase 2 Study. The assessment, by a qualified archaeologist, of an identified archaeological site to determine its extent, integrity, and significance. 25. Phase 3 Study. Data recovery by a qualified archaeologist, generally used when a significant site cannot be reasonably avoided or preserved by the proposed development. 26. Preservation. The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features, rather than extensive replacement and new construction. New exterior additions to historic structures are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. 27. Qualified Archaeologist. An archaeologist who meets the standards of the National Register in archaeology, prehistoric archaeology, or historic archaeology,whichever applies most closely to the site or artifacts in question. The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field, plus: (a) At least one year of full-time professional experience or equivalent specialized training in archeological research, administration, or management; (b) At least four months of supervised field and analytic experience in general North American archaeology; and (c) Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. 28. State Historic Preservation Office (SHPO). The California governmental agency charged with preserving and enhancing California's irreplaceable historic heritage as a matter of public interest so that its vital legacy of cultural, educational, recreational, aesthetic, economic, social, and environmental benefits will be maintained and enriched for present and future generations. Page 5 of 15 29. Substantial Adverse Change. Demolition,destruction, relocation or alteration of the resource or its immediate surroundings resulting in the significance of the resource being materially impaired. 30. Unique Archaeological Resource. An archaeological artifact, object, or site demonstrating, without merely adding to the current body of knowledge, a high 9 9 probability of meeting any of the following criteria: (a) Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information; or (b) Has a special and particular quality such as being the oldest of its type or the best available example of its type; or (c) Is directly associated with a scientifically recognized important prehistoric or historic event or person. Section 8753. Applicability This Article applies to all development proposals. The following development proposals P shall comply with all of the provisions of this Article: A. Development proposals for which applications were received by the Planning, 9 Engineering, or Building Divisions, but not approved prior to the effective date of this Chapter. B. Development proposals, grading permit applications and building permit applications filed after the effective date of this Chapter. C. Private facilities, including utilities, in the public right-of-way. D. Public facilities within and outside of the public right-of-way. E. Development proposals for annexation and/or development of roe outside . property rty City limits at the time of application. Development proposals, grading permits and/or buildingpermits issued, on or prior to the effective date of this Article, shall be exempt from the requirements of this Article, but remain subject to any conditions of approval related to cultural resource protection that were applied to the proposed project(s). Section 8753. 1 Demolition Demolition that requires ground-disturbance is subject to the provisions of this Article. Page 6 of 15 Section 8753.2 Non-conforming Facilities Non-conforming Facilities are subject to the requirements of Sections 8860 et seq., Non- conforming Uses, Structures, and Lots. New construction or demolition on sites with non- conforming structures shall comply with all the provisions of this Article. Section 8753.3 Modifications to Existing Structures or Facilities Modifications to existing structures or facilities that require a building permit are subject to the requirements of this Article, if the modifications will involve or require ground disturbance. Section 8754. Types of Cultural Resources There are several different types of cultural resources. These include: historic resources, paleontological resources, and archaeological resources classified as historic, unique, and non-unique. It is not uncommon to have more than one type of cultural resource located in the same area or on the same site. Areas such as river valleys and wetlands that were desirable for prehistoric creatures also may have provided construction materials, water and food sources for Native Americans. Explorers, missionaries and settlers may have later used these same sources, for many of the same reasons. Therefore, classification of some cultural resource sites can be difficult. For example, while there are no identified sites in Lompoc that are associated only with Paleontologic resources,there are combined sites where historic, historic archaeological and paleontologic remains have been found. Because there are no known paleontologic resource sites in Lompoc, specific recommendations, beyond those included in the standard accidental discovery conditions for cultural resources, have not been made. Section 8755. Environmental Review The City of Lompoc's General Plan, Resource Management Element, addresses Cultural Resource Protection, including historic structures and archaeological resources. This element divides the City into two areas with respect to archaeological resources, those in the high sensitivity zone and those in the low sensitivity zone. In addition, archaeological resources are classified as being historic, unique and historic, unique or non-unique. The following section discusses the requirements under this Ordinance for environmental review of cultural resources in these differing classifications. A. Historic Structures. Individual environmental documentation shall be prepared for any proposal involving a historic structure, place or landmark, as a part of the evaluation of the proposed project. B. Historic Archaeology - Single Issue Evaluation. In cases where the only environmental issue related to a proposed development within the Cultural Resources Overlay District, High Sensitivity Zone, or on or adjacent to a known historic archaeological site, is that of cultural resources that are known, or reasonably expected to be historic archaeological resources, the Negative Declaration prepared for this Ordinance and this Ordinance may be relied upon as having adequately addressed the archaeological impact of these subsequent Page 7 of 15 projects, pursuant to the California Environmental Quality Act (CEQA). When this is the case, all of the measures required by this Ordinance for development located in an archaeologically High Sensitivityp 9 Y 9 Zone or on a known historic archaeological site, shall be fully implemented as set forth in Section 8758 of this Article. C. Multiple Environmental Issues of Potential Significance. If there areotentiall P Y significant environmental issues, in addition to historic archaeological resources, associated with a proposed project within the Cultural Resources Overlay District, High Sensitivity Zone, or on or adjacent to a known historic or archaeological site, a full environmental review, in the form of a Negative Declaration or Environmental Impact Report (EIR), must be prepared, P rior to project approval. D. Unique Archaeological Resource. If an archaeological resource is determined to be unique but does not qualify as a historic archaeological resource, a Mitigated 9g d Negative Declaration or EIR must be prepared for the proposed project. A Phase 1 study must be prepared, as well as a Phase 2 or 3 investigation if determined to be warranted by a qualified archaeologist, as a part of the environmental evaluation of the project. If a qualified archaeologist finds that an archaeological resource is unique and cannot be avoided or preserved in place by some other means, and data recovery through excavation is the only feasible mitigation, a data recovery plan, providing for adequately recovering the scientifically consequential information from and about the resource shall be prepared and adopted, prior to any excavation or further excavation being undertaken. Data recovery shall not be required for an archaeological resource if the lead agency determines that testing or studies already completed have adequately recovered the scientifically consequential information from and about the archaeological resource, provided that such determination is recorded in the environmental document and that such studies are deposited with the California Historical Resources Regional Information Center. E. Low Sensitivity Zone. All projects in the Low Sensitivity Zone involving 20 acres or more in size shall be required to have a Phase 1 Study, and, if cultural resources are identified, a Phase 2 and/or 3 study, as directed by a qualified archaeologist. After the Phase 1-3 studies have been completed, an environmental document shall be prepared pursuant to CEQA. F. Non-unique Archaeological Resource. If an archaeological resource is determined to be non-unique and archaeological resources are the only environmental issues associated with the proposed development or project, a Categorical Exemption may be prepared pursuant to CEQA. If, however, because of other potentially significant environmental issues, a Negative Declaration or EIR is prepared for the project, the non-unique archeological resource and the effect of the project on it should be noted in the initial study or EIR, but does not need to be considered further in the CEQA process. Page 8 of 15 Section 8756. Historic Structures, Places and Landmarks Lompoc's historic structures and places are identified in Table 4 of the City of Lompoc's Cultural Resources Study, prepared by Laurence W. Spanne, M.A. in October 1988, and retained in the office of the City Clerk. Lompoc's designated Historic Landmarks 1-8 are identified on pages 30 and 31 of the Lompoc Cultural Resources Study. Two Landmarks designated after the study was published are the Douglass-Willis House at 105 E. Olive Avenue and the Veterans Memorial Building on the south side of the intersection of Locust Avenue and "H" Street. All projects that involve changes to or impacts on designated historic structures, places, and landmarks shall be reviewed through the Lompoc Planning Commission's Architectural Review Process,as described in Title 3, Chapter 2,Article 1 of the Lompoc's Comprehensive Zoning Ordinance and the City's Architectural Review Guidelines, Lompoc City Code Section 8825. Section 8757. Reserved For Future Use Section 8758. Development Within the Archaeological High Sensitivity Zone. The City of Lompoc's General Plan identifies areas of high archaeological sensitivity in the Archaeological Sensitivity Zones Map in the Resource Management Element of the City of Lompoc's General Plan. The delineation of these high sensitivity zones was made by Laurence Spanne, M.A. and is taken from his City of Lompoc Cultural Resources Study, prepared in 1988, a copy of which is on file in the City Clerk's office. Much of the High Sensitivity Zone is located in the south and southeast section of the City, against the south hills, and on the alluvial fan of Miguelito Creek. Significant historic, pre-historic, and paleontologic resources have been found in these areas. On a given project site, only the portion of that site with a slope of less than 30% will be considered to be within the high sensitivity zone. The most important historic archaeological site in the City of Lompoc is the Misibn La Purisima Concepcion De Maria Santisima and its related activity sites (SBa— 220, SBa — 221). The Mission is located south of Olive Avenue in Lompoc. A portion of the Mission site is designated on the National Register of Historic Places (Site#78000775) and is identified as State Historical Landmark No. 928. The National Register site encompasses only a very small portion of the Mission and its related activity areas. Section 8758.1. Cultural Resource Overlay District Requirements The Cultural Resources Overlay District applies to all property, within the City of Lompoc, located south of the centerline of Olive Avenue and its extrapolation to the east, between "V"Street and Highway 1, as shown on the Archaeological Sensitivity Zones Map found in the Resource Management Element of the Lompoc General Plan. This area has been evaluated and determined to have historic archaeological value, based on the presence of the Mission, other known archaeological sites, and Mission- related uses. This Cultural Resources Overlay District will be reflected on the City's Zoning Map with the designation of"CR". if ground-disturbing development is proposed in this area, the property owner or applicant has the option of implementing measure A or B below. Page 9 of 15 A. Phase I Evaluation Prior to construction, the project applicant shall retain aq ualified archaeologist to conduct a Phase 1 study of the subject property, in relation to the proposed development. If the project area, or a portion thereof, wasreviousl P Y surveyed to acceptable standards, the earlier Phase 1 study can be used to satisfy this requirement for the area that was surveyed. If cultural resources are found as a result of the Phase 1 study, a qualified archaeologist shall make recommendations regarding the need for additional investigation or measures necessary toP rotect the archaeological resources on the subject site (Phase 2 or 3 evaluation). As development occurs, measures included in the archaeologist's report shall be implemented. If evidence of prehistoric artifacts are discovered, the Chumash Tribe shall be consulted; or B. Monitoring Prior to construction, the applicant shall retain a qualified archaeologist to monitor all ground-disturbing work associated with the proposed project. If evidence of prehistoric artifacts is discovered,the Chumash tribe shall be consulted. If artifacts of significance are identified during ground-disturbing work,the measures stipulated in the Archaeological Protection Program shall be followed, or the Program, as amended by a qualified archaeologist, shall be followed,to preserve or curate the artifacts. Within 30 days after completion of a Phase 1 study or monitored ground-disturbing activity, the property owner shall provide the Planning Division with a report prepared by a qualified archaeologist,verifying that the monitoring occurred as required, discussing the results of the monitoring, and identifying the significance and disposition of any artifacts discovered during monitoring. Section 8758.2 Cultural Resource Protection Program The following Cultural Resource Protection Program shall be implemented in cases where cultural resources are uncovered, either while a project is being actively monitored by an archaeologist or accidentally during the course of construction. Work shall stop until a qualified archaeologist has reviewed the find and determined if it qualifies as a historic resource or a unique resource. If the find is determined to be historic or unique by the qualified archaeologist, a plan for preservation of the material shall be developed by the archaeologist and implemented. If evidence of prehistoric artifacts is discovered, the Chumash tribe shall be consulted. Preservation in place shall be the preferred manner of mitigation. If data recovery through excavation is the only feasible mitigation, a data recovery plan, providing for adequate recovery of scientifically consequential information from and about the historical resource, shall be prepared and adopted, prior to any further excavation. Data recovery shall not be required for an archaeological resource if the lead agency determines that testing or studies already completed have adequately recovered the scientifically consequential information from and about the archaeological resource, provided that the studies are deposited with the California Historical Resources Regional Information Center. Page 10 of 15 Section 8758.3 Development Within the High Sensitivity Zone, Outside The Cultural Resources Overlay District Development, including annexation proposals,on property within the High Sensitivity Zone, but outside the Cultural Resources Overlay District, shall comply with the requirements identified in 8758.1 above. Historic archaeological sites within the High Sensitivity Zone that are currently within the City's jurisdiction are Archaeological site numbers SBa-1751 and SBa-2066. In addition, some isolates have been found within City jurisdiction and at many archaeological sites on United States Bureau of Prisons property, lying within City limits, and under federal jurisdiction. Section 8759. Development Within The Archaeological Low Sensitivity Zone All development proposals, involving parcels 20 acres or more in size, within the low sensitivity zone, including General Plan amendments, zone changes, annexations, subdivision maps, and parcel maps shall be required to conduct a Phase 1 study as a part of an environmental review of the proposal. The coverage of the Phase 1 study, the need for subsequent studies, and use of previous studies shall be as set forth in Section 8758.1. Archaeological sites currently identified within the Low Sensitivity Zone, within the City's jurisdiction, that have historic value are Archaeological site numbers SBa—3576 and SBa- 1767H. Development on or near these known historic cultural resource sites, or on or near any cultural resource sites discovered subsequent to the adoption of this Article, must comply with the requirements identified in 8761.1. Section 8760. Accidental Discovery During Construction Because the Lompoc Valley has been identified as having potentially significant cultural resources throughout and has not been fully surveyed, each conditionally approved development application shall have the following three conditions applied to ensure that accidental finds of cultural resources are properly evaluated. This section applies to all conditionally approved development proposals, whether they are in the high sensitivity zone or the low sensitivity zone, even if a Phase 1 study has been undertaken. A. In the event that cultural artifacts are unearthed during excavation, work shall stop and a qualified archeologist, meeting the professional qualifications standards of the Secretary of the Interior for Archaeology, shall evaluate the find. if determined to be necessary by the archaeologist, a plan for the preservation or curation of the artifacts from the site shall be prepared by the archeologist and implemented,while being overseen by that archeologist. If evidence of prehistoric artifacts is discovered, the Chumash tribe shall be consulted. Construction work may be allowed to continue on other parts of the construction site while mitigation takes place. The archeologist shall file a resource record detailing the materials found and their disposition, as required by the State Historic Preservation Office. Page 11 of 15 B. If paleontological artifacts are unexpectedly unearthed during excavation, an evaluation of the artifacts and the site shall be conducted by an experienced paleontologist. An appropriate plan for the preservation of the artifacts shall be • prepared by the paleontologist and implemented, while being overseen by that paleontologist. Construction work may be allowed to continue on other parts of the construction site while mitigation takes place. C. If human remains are accidentally discovered or recognized during construction, all site excavation or other disturbance shall cease and the County Coroner shall be notified. Excavation shall not resume until the Coroner has determined that the remains are not subject to investigation under Government Code Section 27491 and until any required recommendations on Native American Remains have been made under Public Resources Code Section 5097.98.; Health and SafetyCode Section 7050.5(b); 14 Cal. Code Regs Section 15064.5(e); or other applicable law. Construction work may be allowed to continue on other parts of the construction site while the requirements identified above are being met. Page 12 of 15 Section 8761.TABLE OF REQUIREMENTS FOR CULTURAL RESOURCE EVALUATION Location of Required Cultural Resource Process Proposed Development _ Designated historic • Projects that involve changes to or will impact these structures, places and historic structures, places and landmarks are to be Landmarks. reviewed through the Lompoc Planning Commission's Architectural Review Process as described in Title 3, Chapter 2, Article 1 of the City's Zoning Ordinance and Architectural Review Guidelines. An Individual Environmental Assessment under CEQA must be conducted. • Apply standard cultural resource conditions. Development on • Retain a qualified archaeologist to conduct a Phase 1 property within the evaluation of the site and proposed development and identified Cultural if cultural resources are identified, a Phase 2 and/or 3 Resource Overlay study; or retain a qualified archaeologist to monitor all District, where ground-disturbing activity associated with the archaeology is the proposed development and implement the only environmental Archaeological Protection Program when appropriate. issue. • Apply standard accidental discovery cultural resource conditions. Development within • Retain a qualified archaeologist to conduct a Phase 1 the High Sensitivity evaluation of the site and proposed development, and Zone not within the if cultural resources are identified, a Phase 2 and/or 3 Cultural Resource study; or retain a qualified archaeologist to monitor all Overlay District, ground-disturbing activity associated with the where the proposed development and implement the archaeological Archaeological Protection Program when appropriate. resource in question • Apply standard accidental discovery cultural resource is historic and conditions. archaeology is the only environmental issue. Development within • Retain a qualified archaeologist to monitor all ground- the Low Sensitivity disturbing activity associated with the proposed Zone on or adjacent development and implement the Archaeological to an identified Protection Plan when appropriate. archaeologically • Apply standard accidental discovery cultural resource historic site, where conditions. archaeology is the only issue. Page 13 of 15 Development in the • A full environmental review, in the form of a Negative Cultural Resources Declaration or Environmental Impact Report (EIR) Overlay District, High must be prepared, prior to project approval. This Sensitivity Zone, on or review shall include a Phase 1 evaluation and, if adjacent to a known cultural resources are identified, a Phase 2 and/or 3 archaeological site, study shall be completed if it is determined to be where the resources necessary by a qualified archaeologist. The findings involved are historic of these studies shall be incorporated into the archaeological environmental review document. resources, and there • Apply standard accidental discovery cultural resource are other conditions. environmental issues associated with the project. Development within • Conduct a Phase 1 evaluation of the site and the high or low proposed development, and if cultural resources are sensitivity zone where identified, a Phase 2 and/or 3 study, as determined to the archaeological be necessary by a qualified archaeologist. Once the resource is Phase 1-3 studies have been completed, an determined to be environmental document shall be prepared pursuant unique, but not to CEQA. historic. • Apply standard accidental discovery cultural resource conditions. Development within • All projects involving 20 acres or more in size shall be the Low Sensitivity required to have a Phase 1 Study, and if cultural Zone resources are identified, a Phase 2 and/or 3 study. Once the Phase 1-3 studies have been completed,an environmental document shall be prepared pursuant to CEQA. • Apply standard accidental discovery cultural resource conditions. Citywide, on • Apply standard cultural resource conditions. Discretionary Permits for Development Section 8762. Violations/ Penalties Any firm corporation, or person, whether as principal, agent, employee, or otherwise violating or causing the violation of any of the provisions of this Article shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by incarceration in the County jail for not more than six (6)months, or by both such fine and incarceration. Any violations of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued. In addition, any violation of the divisions of this Article is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. Page 14 of 15 Section 8763. Severability If any portion of this article is held to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsection, and clauses shall not be affected thereby. The City council hereby declares that it would have adopted this Article regardless of the fact that one or more sections, subsections, sentences, clauses, or phrases may be determined to be unconstitutional or invalid. SECTION 2. This Ordinance is effective on the thirty-first day after its enactment. PASSED AND ADOPTED on March 7, 2006, by the following electronic vote: AYES: Councilmember: DeWayne Holmdahl, Michael Siminski, and Mayor Dick DeWees. NOES: Councilmember: Will Schuyler ABSENT: Councilmember: Janice Keller tido' Dic DeWees, Mayor City of Lompoc ATTEST: D•nna N. Terrones ity Clerk ity of Lompoc Attachment: A Exhibit Al --Zoning Map Amendment (Existing) Exhibit A2 — Zoning Map Amendment (Existing) Exhibit A3 — Zoning Map Amendment (Existing) Exhibit A4 — Zoning Map Amendment (Existing) Exhibit B1 — Zoning Map Amendment (Proposed) Exhibit B2 —Zoning Map Amendment (Proposed) Exhibit B3 — Zoning Map Amendment (Proposed) Exhibit B4 — Zoning Map Amendment (Proposed) Page 15 of 15 Article 6-10 HISTORIC PRESERVATION CODE Sections: 6-10-1 Purpose, Mission and Objectives 6-10-2 Relation to General Plan 6-10-3 Definitions 6-10-4 Historic Property Register 6-10-5 Historic Preservation Commission 6-10-6 Incentives 6-10-7 Historic Landni rk Designation Process 6-10-8 Historic District Designation 6-10-9 Certificate of Appropriateness 6-10-10 Maintenance and Repair 6-10-11 Economic Hardship 6-10-12 Appeals 6-10-13 Violations and Enforcement 6-10-14 Severability Section 6-10-1 PURPOSE, MISSION AND OBJECTIVES A. Purpose. It is hereby declared as a matter of public policy that the Town of Oro Valley joins with the United States of America and the State of Arizona in promoting the protection, enhancement, and perpetuation of properties, areas, documents and artifacts of historic, cultural, archaeological and aesthetic significance as being necessary for the economic,cultural,educational and g general welfare of the public. This is done pursuant to the provisions of the National Historic �' Preservation Act of 1966 as amended, the Arizona Revised Statutes, Section 9-462.01, and the establishment of this Historic Preservation Ordinance by the Oro Valley Town Council. B. Inasmuch as the identity of a people is founded on its past, and inasmuch as Oro Valley has many historic, archaeological and cultural resources which constitute its heritage, this ordinance is intended to: 1. Identify and preserve the historic properties that represent distinctive elements of Oro Valley's historic, archaeological, architectural and cultural heritage; maintain and foster their y unique identities, which in turn helps to make the community a desirable place to live, work and visit. 2. Promote the use of historic properties for the education, pleasure, and welfare of the people of the Town. people 3. Foster civic pride in the accomplishments of the past. 4. Protect and enhance Oro Valley's attractiveness to visitors which also provides support and stimulus to the economy. 5. Stabilize and improve property values of rehabilitated and protected sites. 6. Provide incentives for restoration by owners of landmarks or historic properties. 7. Provide standards for restoration of Designated Properties and for new construction within Historic Districts. O tVOrd 06-20 Adopted 10-04-06 t 17. 1 C. Mission. The mission of the Oro Valley Historic Preservation Code is to promote the educational, cultural and economic welfare of the Town of Oro Valley by ensuring the preservation of historic buildings,districts, landmarks, structures,documents,photographs and other artifacts that represent the historic background and development of the greater Oro Valley area. D. Objectives of the Oro Valley Historic Preservation Commission. 1. To maintain a code providing for the designation and preservation of historic buildings, districts, landmarks, structures, documents, photographs, and other artifacts; 2. Under the terms of the Code,to promote the designation of historic landmarks and districts; 3. To keep a register of all historic landmarks and districts; 4. To conduct an ongoing survey to identify significant buildings, districts and structures within the town; 5. To inform and educate citizens concerning the history and heritage of Oro Valley; and 6. To create an appropriate design of historical markers for identification of historic landmarks and districts. Section 6-10-2 RELATION TO GENERAL PLAN The administration of this Article shall be pursued in accordance with the policies set forth in the Oro Valley General Plan. Section 6-10-3 DEFINITIONS For the purpose of this Article, certain words, phrases and terms used herein shall have the meaning assigned to them by this Section. When not inconsistent with the context, words used in the present tense include the future; words in the singular include the plural and those in the plural include the singular. The word "shall" is mandatory; the word "may" is permissive. Alteration: Any aesthetic, architectural, mechanical or structural change to the exterior surface of any part of a Designated Property as defined herein. Archaeological site: A site containing any structure, articles or remains resulting from prehistoric human life, habitation or activity, including but not limited to petroglyphs, pictographs, paintings, pottery, tools, ornamentation,jewelry, textiles, ceremonial objects, weapons, armaments, vessels or vehicles. Building: A structure created to shelter any form of activity, such as a house, barn, church, hotel, or similar structure. "Building" may also refer to a historically-related complex, such as a courthouse and jail, or a farmhouse and barn. Cemetery: Any site, which contains at least one burial, marked or previously marked, considered a dedicated cemetery under Arizona State Statutes, even though it may be currently suffering neglect and abuse. Certificate of Appropriateness: A document issued by the Commission, following prescribed review procedures, certifying that proposed work on a Designated Property is compatible with the historic character of the property, and therefore (1) may be completed as specified in the Certificate of Appropriateness, and (2) buildingpermits needed to do the work specified in the f any P Certificate may be issued. Chair: The Chair of the Historic Preservation Commission or his/her designee. O VOrd 06-20 Adopted 10-04-06 2 Chief Building Official: The Chief Building Official of the Town of Oro Valley, or his/her designee. Commission: The Historic Preservation Commission of the Town of Oro Valley, Arizona as described in this Article. Construction: Any site preparation, assembly, erection, repair, alteration or similar action (excluding demolition) for or of sites, structures, public or private rights-of-way, utilities or other improvements. Contributing: A classification applied to a building site, structure or object within a Historic District or Landmark property signifying that it contributes to the defining characteristics of the Historic District or Landmark. Demolition: Any intentional act or process, which totally or partially destroys a Designated Property. Designated Property: A property which has received Town designation as a Landmark, or as a Contributing Property within a Historic District, according to the provisions of this Article. Director: The Community Development Director of the Town of Oro Valley or his/her designee. Historic District: A geographical area whose boundaries are defined by a Historic District zoning designation which contains properties, structures, sites or objects which are considered to have historic or cultural value. Historic Property Register: The listing and defining of Designated Properties of Oro Valley as provided in this Article. Historic Resource Survey: The official historic resource survey book of the Town as produced by the Commission, listing and describing properties, structures, sites or objects (whether designated or not) which are considered by the Commission to have historic or cultural value. Integrity: A measure of the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period in comparison with its unaltered state. For example, a historic building of high integrity has few alterations or ones that can be easily reversed, and an archaeological site with high integrity is one that is relatively undisturbed; criteria evaluated include association, design, feeling, location, and materials. Landmark: A designation, as a result of processes provided in this Article, applied by the Commission to an individual property, structure, site or object, which has a historic value or expresses a distinctive character worthy of preservation. Maintenance: Regular, customary or usual care for the purpose of preserving a property and keeping it in a safe, sanitary and usable condition, without causing any alteration to the distinctive exterior character of the property. Non-contributing: A classification applied to a property, site, structure or object within a Historic District or Landmark property signifying that it does not contribute to the defining characteristics of the Historic District or Landmark. PRAB: The Parks and Recreation Advisory Board of the Town of Oro Valley, Arizona. Planning and Zoning Commission: The Planning and Zoning Commission of the Town of Oro Valley, Arizona. Preservation: The act or process of applying measures to sustain the existing form, integrity and material of a structure, and the existing form and vegetative cover of a site. It may include stabilization work where necessary, as well as ongoing maintenance of the historic materials. O1/Ord 06-20 Adopted 10-04-06 3 Preservation Covenant: A deed restriction filed with Pima County, which identifies the property as a Landmark or a Contributing Property within a Historic District. Reconstruction: The act of reproducing by new construction the exact form and detail of a vanished structure or object, or part thereof, as it appeared at a specific period of time. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. Removal: Any relocation, in part or whole, of a structure on its site or to another site. Renovation: See Rehabilitation. Repair: Any physical change that is not alteration, construction, removal or demolition. Restoration: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time, by the removal of later work or by the replacement of missing earlier work. Review Criteria: The standards, tests, norms or guidelines applied by the Commission during any review process, including but not limited to surveys, designations, or Certificates of Appropriateness. Secretary of Interior Standards: Standards which pertain to historic buildings of all materials, construction types, sizes and occupancy, and encompass the interior and exterior, developed and published by the office of the United States Secretary of the Interior, as part of the Department of the Interior regulations. Stabilization: The act or process of applying measures designed to re-establish a weather- resistant enclosure and the structural stability of an unsafe or deteriorated property, while maintaining the essential form as it exists at present. Structure: Anything constructed or erected, the use of which requires a permanent or semi-permanent location on or in the ground, including but not limited to bridges, dams, water distribution systems, buildings, garages, fences, gazebos, advertising signs, antennas, satellite sending or receiving dishes, paved parking or circulation areas, landscapes, sculpture, and recreational facilities. Town: The Town of Oro Valley, Arizona Section 6-10-4 HISTORIC PROPERTY REGISTER A Historic Property Register is hereby established for the purpose of listing and defining Landmarks and Historic Districts designated under the provisions of this Article. This register may be periodically amended by the Commission, and shall be available for public reference and historical study. Section 6-10-5 HISTORIC PRESERVATION COMMISSION Pursuant to Ordinance Number (0) 04-45, there is created a commission to be known as the Oro Valley Historic Preservation Commission. A. Membership 1. The Historic Preservation Commission shall be composed of seven(7)members, six (6) of whom shall be appointed by the Town Council, and one of whom shall be the Town Historian. 0 1'Ord 06-20 Adopted 10-04-06 4 2. Prospective members should have demonstrated significant interest in and commitment to the field of historic preservation, evidenced either by involvement in a local historic preservation group, current non-conflicting or previous employment or volunteer activity in the field of historic preservation,or other serious interest in the field. To the extent possible, it is desirable that two (2) members be current or previous professionals in the areas of architecture, history, planning or archaeology. 3. Immediate) prior to assumption of the duties of office, each member shall take Immediately and subscribe to the oath of office. 4. All Commission members shall serve without pay, except that members may be reimbursed for actual expenses incurred in connection with their duties, upon authorization. B. Term of Office 1. Membership appointment to the Commission shall be for a period of three (3) years. Terms shall be staggered so that no more than two(2)members' terms shall expire in any given year. All terms shall begin on July 1st and shall end on June 30th or until a successor is appointed and qualified. 2. In the event of a resignation, removal or death of a member, the Council shall fill the vacancy for the un-expired term. 3. The Council may remove any member of the Commission by a majority vote of the majority of the Council, or as otherwise provided by ordinance or Town Code. 4. Upon adoption of this Code the Council shall reorder the terms of the current appointed members of the Commission so that two (2) members' terms shall expire in approximately one (1) year, two (2) members' terms in approximately two (2) years, and two (2) members' terms in approximately three (3) years, consistent with the provisions of(1) above. C. Officers I. The members of the Commission shall elect from among themselves a Chair and a Vice Chair, who shall serve for one (1) year or until their successors are elected. Officers may serve successive terms, if so chosen by the Commission. 2. The Chair shall preside at meetings and exercise the usual rights, duties and prerogatives as the head of similar organizations. The Chair shall serve as Commission liaison with the Town staff, and shall also be responsible for other duties as described in this Article. 3. The Vice Chair shall perform the duties of Chair in the Chair's absence or disability. 4. The members shall fill a vacancy in either office for the unexpired term through a new election. D. Meetings 1. The Commission shall meet monthly, unless otherwise provided. 2. A majority of members shall constitute a quorum. The affirmative vote of the majority of memberspresent shall be required for passage of any matter before the Commission. Any � � voting •� rby P � •nCTconflictof interest, lis which case such member may abstain from on a matter declaring a member shall step down and take no part in discussions or deliberations on that matter. E. Rules 1. The Commission shall make and publish rules to govern its proceedings, subject to approval by the Town Council. All meetings of the Commission shall be open to the public and noticed as provided by Arizona law. Ql-'Qrd 06-20 Adopted 10-04-06 5 2. Minutes shall be kept of all meetings. The minutes shall include all issues considered, and shall record the individual votes of members on each action item. F. Powers and Duties The responsibility of the Commission is to promote the purposes and objectives of this Article and shall include, but not be limited to the following: 1. Maintain and periodically update, as needed, a plan for historic preservation. 2. Maintain review criteria to assure fair and impartial evaluation and designation of properties as Landmarks and Historic Districts. The Commission shall periodically review these criteria, and make such adjustments or updates as may be required. 3. Maintain criteria to assure fair and impartial review of applications for Certificates of Appropriateness. 4. Review properties proposed for designation as Landmarks,explain to the owners thereof the potential effects of designation as known to the Commission at that time and make a decision to designate, conditionally designate, or deny designation. 5. Review property nominations for designation as a Historic District,explain to the owners thereof the potential effects of designation as known to the Commission at that time and make recommendations regarding rezoning to a Historic District to the Planning and Zoning Commission. 6. Propose design guidelines appropriate to individual Historic Districts. 7. Review and approve, conditionally approve or deny applications for a Certificate of Appropriateness. 8. Maintain the Historic Property Register. 9. Determine and cause to be created a system of markers for designated properties. 10. Recognize the owners of designated properties. Issue commendations to owners of historical properties who have rehabilitated their property in an exemplary manner. 11. When Town Council approval is appropriate,make recommendations to the Town Council regarding the acquisition of property suitable for preservation. 12. Make recommendations to the Town Council regarding the utilization of federal, state, Town or private funds to promote historic preservation. 13. Make recommendations to Town Council to accept gifts, grants, funds, contributions, and bequests from individuals and public and private entities, agencies, foundations, trusts, corporations, and other organizations or institutions 14. Cooperate with and enlist the assistance of persons,organizations,foundations and public agencies in matters involving historic preservation, rehabilitation and reuse,with Town Council approval as appropriate. 15. Increase public awareness of the values of historic, cultural, archaeological and architectural preservation, by developing and participating in public education programs. 16. Annually prepare written reports of Commission activities; submit such reports to the Town Council and the State Historic Preservation Office(SHPO).These reports shall be available for public review. 17. Conduct detailed studies and surveys of properties and areas and assess their potential for designation. 18. Periodically review the Historic Resource Survey and consider the inclusion of any properties, which may have come to meet the requirements herein, and the deletion of any properties which may no longer exist. O J'Ord 06-20.adopted 10-04-06 6 19. work with and assist departments of the Town in matters affecting historic preservation. 20. Assist property owners, on request, on the restoration, rehabilitation, alteration, decoration, landscaping, or maintenance of any historic property. 21. Encourage and assist roe owners of historic properties on procedures for g property rty inclusion on State historic listings and the National Register of Historic Places. 22. Work collaboratively with PRAB in the design and use of parks and park-like areas which have a historic or archeological significance. 23. Establish Liaison with groups and organizations as appropriate. 24. Carry out such other duties as may be determined by the Town Council, and present other such recommendations as may be deemed pertinent. G. Committees Advisory committees may be created by the Chair or by the Commission to study and Advisory report on pertinent matters. Such committees may include citizens who are not members oft e Commission,p but shall include at least one Commission member who shall serve as chair of the committee. Committees appointed for a specific task shall dissolve when the task is completed and its report has been presented to the Commission. Section 6-10-6 INCENTIVES It is the intent of the Town to make ownership of a Landmark or Contributing Property within a Historic District as beneficial as possible. In addition to the intangible benefits of owning a property recognizedimportant as an irn or-tant community resource, the Council and Commission may, when applicable andp ossible, provide such owners with one or more of the following: A. Recommendation to the Department of Community Development that an alternate or transitional use be considered. B. Advice in locating potential sources of financial assistance and tax credits; C. Advice in preparing grant applications and potential third party sponsorship; D. Technical information and referrals; E. Assistance in locating buyers and/or sellers; F. Assistance in the formulation of a neighborhood association; G. Assistance in obtaining other benefits as may become available. Section 6-10-7 HISTORIC LANDMARK DESIGNATION PROCESS The Commission may designate as a Landmark an entire property, an identified portion of a property, or one or more individual structures on a property. A. Application Submittal and Review Requirements An application for a Landmark designation shall be submitted by the owner of the subject property or agent and involves the following steps: 1 . Pre-application Consultation. Prior to the submittal of an application for a Landmark designation, the applicant should consult with the Director to explain the application submittal requirements. OVOrd 06-20 Adopted 10-04-06 7 C 2. Application Submittal Requirements. An application for a Landmark designation shall contain at a minimum the following, any of which may be waived by the Director, as authorized by the Commission: a. Completed application form. b. Location and description of property. c. Filing Fee. d. Statement or letter of authorization from the property owner, if different from the applicant. e. An ownership map of property owners within three hundred(300) feet of the exterior boundaries of the subject property as shown on the last assessment of the property. A list of these property owners shall also be provided on mailing labels and keyed to the map showing the location of the identified properties. f. A written description of the proposed property.Description should include special aesthetic, cultural, architectural, archaeological or engineering interest or value of a historic nature, including information about the architecture, notable construction features and other information indicating the historical significance of the property. Sketches, drawings,photographs, or other descriptive materials may be included. g. A written statement of condition of property and/or structure(s) including any known threats thereto. h. Other information as may be requested. 3. Incomplete applications may be returned to the applicant and not processed until all materials have been submitted. If all the required materials have been submitted,the application shall be considered complete and shall be accepted by the Director. Following acceptance of a complete application,the Director shall conduct a formal review and prepare a comprehensive report which shall be submitted to the Commission and made available to the applicant, media and general public at least seven (7) days prior to the Commission's public hearing on the Landmark application. 4. Upon acceptance of a complete application, no building or demolition permits affecting the proposed Landmark shall be issued by the Town until the process as described herein has been completed and the Commission has made its decision. B. Notice of Commission Hearing 1. Upon receipt of a complete application for a Landmark designation, the Chair shall place it on the agenda for a public hearing within 30 days. Public notice of this hearing shall be given as prescribed herein. 2. The Town shall give notice of the date, time, and place of a public hearing for consideration of a proposed Landmark, including general explanation of the matter to be considered and a general description of the area affected at least fifteen (15) days before the hearing in the following manner: a. Publication at least once in a newspaper of general circulation in the Town. b. Posting on the affected property so that the words "Public Hearing"and the date and time of the hearing are visible from a distance of one hundred (100) feet. It shall be the responsibility of the applicant to maintain the posting once erected. c. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred (300)feet of the property to be Landrnarked. O1'Ord 06-20 Adopted 10-04-06 8 d. In addition to notice by the means set forth above, the Town may give notice of the hearing in a specific case in such other manner as it deems necessary or appropriate. e. As provided in A.R.S. 9-462.04.A(7),or any successor statute,the failure of any person or entity to receive notice as set forth in the statute shall not constitute grounds for any court to invalidate the actions of the Town. 3. Persons with specific issues or concerns regarding a proposed Landmark are encouraged to contact the Department of Community Development in writing, by phone or in person prior to the hearing. C. Landmark Designation Criteria The Commission shall evaluate each structure, site, building or property within an area that is included in an application and may designate it as a Landmark if it is determined to have historical or other cultural significance or integrity, and is suitable for preservation,using the following criteria: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type, period or method of construction, or representing the work of a master, or high artistic values or representing a significant and distinguishable entity whose components may lack individual distinctions. 4. Yielding information important in the understanding of the pre-history or history of our community. 5. Being at least 50 years old, or having achieved significance within the past 50 years if the property is of exceptional importance. 6. Possessing integrity of location, design, setting, materials, workmanship, feeling or association. D. Commission Public Hearing and Designation 1. The Commission shall hold at least one public hearing on each Landmark application. At the public hearing,the Commission shall review the proposal with consideration given to the review criteria. Approval, conditional approval or denial of a Landmark application shall be based on the findings of the Commission as they relate to the criteria. 2. The Commission's decision shall he final unless appealed to the Town Council as provided for in this Article. A recommendation for approval may be subject to conditions as the Commission deems applicable. E. One (1) Year Bar on Refiling If the Commission denies an application, the Commission may refuse to accept another application for the same or substantially the same landmark on the same property or any part of it within one 0) year of the date the original application, was filed on the same property or a portion of it. F. Removal of Landmark The procedure to remove a Landmark status from a property shall be the same as the procedure to designate. However, in the case of removal of a Landmark designation,the Commission may initiate the application. 0 VOr-d 06-20 Adopted 10-04-06 9 L j ` I G. Effect of Landmark Designation 1. Upon approval of a Landmark designation, the affected property shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. 2. Once approved, the Historic Landmark designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future owners of the designated property. 3. No person shall carry out any exterior alteration,restoration,renovation, reconstruction,new construction, demolition or removal, in whole or in part,on any Landmark,without first obtaining a Certificate of Appropriateness from the Commission. 4. No person shall make any material change in the exterior appearance of any Landmark, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. 5. Each property designated as a Landmark shall be maintained in good condition and faithful to its historic character. 6. Nothing in this Article shall be construed to prevent normal maintenance and repair, which does not involve change in the exterior design, material, color or appearance. Section 6-10-8 HISTORIC DISTRICT DESIGNATION A. A rezoning approval is required in order to receive a Historic District designation. B. The Historic District is an overlay zone which designated properties retain the uses of and are subject to the regulations of the underlying zoning. The underlying zoning which relates primarily to land use and density, continues to be administered by the Planning and Zoning Commission. The Historic Preservation Commission administers the regulations as they relate to the historic district designation. C. The Commission, the Planning and Zoning Commission, Town Council, a property owner or agent of property owner of the area subject to the request, may initiate a request to rezone to a Historic District. D. Application Submittal and Review 1. Pre-application Consultation. A pre-application consultation with the Director is required in order for the Director to explain the rezoning review process and application submittal requirements. 2. Application Submittal Requirements. In addition to the submittal requirements set forth in Oro Valley Zoning Code Revised Section 22.3, all Historic District rezoning applications shall include the following: a. Written description of the proposed Historic District.Description should include approximate construction dates, special aesthetic features,cultural,architectural, archaeological or engineering interest or value of a historic nature, including information about the architecture, notableconstruction features, and other information indicating the historical significance. b. Identification of prospective Contributing Properties and how they each meet one or more of the Historic District criteria. c. Current sketches, photographs or drawings. d. Statement of condition of all structures. e. Explanation of any known threats to any property or structures involved. 0 i'Ord 06-20 A dopted 10-04-06 10 1508.02 Notice of Public Hearing A. Notice of the Commission's public hearing shall be the same as set forth in the Oro Valley Zoning Code Revised Section 22.3. B. Upon publication of notice required above, no person shall make any material change in the exterior appearance of any property effected by said notice, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which effect the appearance of the property until the finalization of the designation process described in this article, provided that nothing in this section shall be construed to prevent normal maintenance and repair that does not involve change in exterior design, material, color or appearance. 1508.03 Historic District Designation Criteria Each structure, site, building or property within an area that is included in a Historic District rezoning application will be evaluated using the following criteria to determine if it has historical or re g pp other cultural significance or integrity, and is suitable for preservation: A. Association with events that have made significant contributions to the broad patterns of our history. B. Association with the lives of persons significant in our past. C. Embodiment of distinctive characteristics of a type, period or method of construction, or the work of a master, or high artistic values or representing a significant and representing g distinguishable entity whose components may lack individual distinctions. D Yieldinginformation important in the understanding of the pre-history or history of the P community. E. Being years least 50 years old, or having achieved significance within the past 50 years if the property is of exceptional importance. F. Possessing integrity rity of location, design, setting, materials, workmanship, feeling or association. 1508.04 Adoption of Historic District A. by Action the Historic Preservation Commission. Upon completing its public hearing on the Historic District application, the Historic Preservation Commission shall transmit its recommendation to the Planning and Zoning Commission. B. The Historic Preservation Commission's recommendation shall include the following: (7 iVOrd 06-20 Adopted 10-04-06 11 l . A map showing the proposed boundaries of the Historic District and identifying all structures within the boundaries, including classification as contributing or noncontributing; 2. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries. 3. A set of findings documenting the recommendation of the Historic Preservation Commission. 4. Proposed design guidelines for applying the criteria for review of Certificate of Appropriateness to the nominated historic district. 5. The recommendations of the Historic Preservation Commission may include reasonable additional conditions and/or modifications to the proposed district property boundaries as deemed necessary to promote the purpose of the District. C. Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing to consider the Historic Preservation Commission's recommendations. Following conclusion of its public hearing, the Planning and Zoning Commission shall transmit its recommendation and the recommendation of the Historic Preservation Commission to Town Council. D. Action by the Town Council. Following conclusion of its public hearing, the Council may approve the Historic District as recommended or in a modified form, stipulating those conditions it deems necessary to carry out the purpose of this district and this Code. E. Documentation. The appropriate supporting statements, design guidelines and documents submitted with the application for a Historic District shall be considered by the Council and included in any ordinance establishing the Historic District. F. Recordation. Once approved, the Historic District designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future property owners within the Historic District. 1508.05 Effect of Historic District Designation A. Upon approval of a Historic District designation by the Town Council, the affected property(ies) shall he included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. The Town's zoning map shall be updated to reflect the new zoning district boundaries. The Town's parcel information database shall be updated to include those properties identified within the Historic District as Contributing and Non-Contributing. O l'Ord 06-20 Adopted 10-04-06 12 B. NoP erson shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, without first obtaining a Certificate of Appropriateness from the Commission. C. NoP erson shall make any material change in the exterior appearance of a Designated Property, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. D. Each property desi nated as a Contributing Property shall be maintained in good condition and g faithful to its historic character. E. Nothing inArticle shall be construed to prevent normal maintenance and repair that does this not involve change in exterior design, material, color or appearance. F. In addition to any other required review and/or approval, any proposed construction within a Historic District shall also be subject to Commission review according to any design guidelines which may have been applied to that District and other applicable criteria. 1509 CERTIFICATE OF APPROPRIATENESS A Certificate of Appropriateness is required before commencing any exterior improvements or development, including alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, of a Landmark or property located within a Historic District, whether or not the work will require a building permit. Building permits for exterior work on Landmarks or properties ro erties within Historic Districts shall not be issued without first obtaining a Certificate of Appropriateness.ro riateness. If a building permit is sought from the Town without a Certificate of Appropriateness, the issuance of the permit shall be deferred until after a Certificate of Appropriateness ro riateness is issued by the Historic Preservation Commission. 1509.01 Application Submittal and Review Procedure An application for Certificate of Appropriateness shall be submitted by the owner of the subject property or agent and involves the following steps: App . Pre-application Consultation. Prior to the submittal of an application for a Certificate of Appropriateness, theapplicant should consult with Director to explain the application submittal P requirements. B. Application Submittal Requirements. An application for a Certificate of Appropriateness shall contain at a minimum the following: 1 . Completed application form. 2. Location and description of property with photographs of areas affected by proposed project. p O 1'Ord 06-20 Adopted 10-04-06 13 C 3. Filing Fee. 4. A Letter of Intent describing the overall project specifically addressing architectural style, its compatibility within its context area, building materials, colors, exterior lighting, signage and landscaping if applicable. 5. Site Plan identifying all existing and proposed structures. 6. Scaled illustrations showing all existing and proposed site improvements and conditions, landscaping, signage and building elevations. 7. Samples of all proposed exterior paints or stains and colors and samples of roof and other exterior materials to be used, with an explanation on how they relate to existing colors and materials. 8. If the proposal includes signs or lettering, a scale drawing showing dimensions, lettering, colors, materials and any illumination. 9. Any additional information which the Commission may require to visualize the proposed work. C. Acceptance of Application. Upon receipt of an application for a Certificate of Appropriateness, the Director shall complete a preliminary review within five (5) working days to ensure that all the required materials have been submitted. Incomplete applications shall be returned to the applicant and not processed until all materials have been submitted. If all the required materials have been submitted, the application shall be considered complete and shall be accepted by the Director. 1509.02 Notice of Public Hearing A. Upon receipt of a complete application for a Certificate of Appropriateness, the Chair shall place it on the agenda for a public hearing within thirty (30) days. Public notice of this hearing shall be given as prescribed herein. B. The Town shall give notice of the date, time and place of a public hearing for consideration of a Certificate of Appropriateness, including a general explanation of the matter to be considered and a general description of the area affected at least fifteen (15) days before the hearing in the following manner: 1. Publication at least once in a newspaper of general circulation in the Town. 2. Posting on the affected property in accordance with Town posting requirements. 3. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred (300) feet of the subject property. 01/Ord 06-20 Adopted 10-04-06 14 C. Following acceptance of a complete application, the Director shall conduct a formal review and prepare a comprehensive report, which shall be submitted to the Commission and made available to the applicant, media and general public seven (7) calendar days prior to the Commission's public hearing. Commission members shall make every effort to inspect the property prior to the hearing. D. At the hearing, concerned persons may present testimony and/or documentary evidence that will become part of the record of the hearing and the deliberations of the Commission. 1509.03 Commission Review and Decision A. It is the intent of this Article to ensure, insofar as possible, that properties designated as a Landmark oraro property within a Historic District shall be in harmony with the architectural and p p historical character of the property or district B. When reviewing an application for a Certificate of Appropriateness, the Commission may approve, conditionally approve or deny a Certificate of Appropriateness based on the following: 1. The proposed work does not detrimentally alter, destroy or adversely affect any architectural or landscape feature; and 2. The proposed work will be compatible with the relevant historic, cultural, educational architectural qualities characteristic of the structure, or district and shall include but not or be limited to elements of size, scale, massing, proportions, orientation, surface textures and patterns, details and embellishments and the relationship of these elements to one another; and 3. The proposed work conforms to review guidelines and/or other applicable criteria. 4. The exterior of any new improvement, building or structure in a designated Historic District or upon a landmarked site will not adversely affect and will be compatible with the external appearance of existing designated buildings and structures on the site or within a Historic District. 15 QVOrd 06-20 Adopted 10-04-06 C. Review Guidelines and Criteria: The Commission may utilize the following documents and criteria as guidelines when considering an application for a Certificate of Appropriateness I. Approved design guidelines for a designated Historic District. 2. Secretary of the Interior's Standards for Rehabilitation. 3. Secretary of Interior's Preservation Briefs and other information developed by US Department of Interior Park Service, Arizona Historic Preservation Office, National Trust for Historic Preservation, National Alliance of Preservation Commissions, Association of Preservation Technology, and the Old House Journal. 4. Any other guidelines as adopted by the Town. D. No change shall be made in the approved plans of a project after issuance of a Certificate of Appropriateness without resubmittal to the Commission and approval of the change in the same manner as provided for issuance. E. A Certificate of Appropriateness expires six (6) months from the date of issuance unless substantial work is started within that time. F. If work exceeds that specified in the Certificate of Appropriateness, the Certificate of Appropriateness shall be deemed to be revoked, a stop work order issued, and no further building activities shall be allowed until another Certificate of Appropriateness is applied for and issued by the Commission. G. The Certificate of Appropriateness required by this Article shall be in addition to any other permit(s) or review required for the proposed project. 1509.04 Demolition of Historic Landmark or a Contributing Property within a Historic District A. No person shall demolish a Landmark or Contributing Property within a Historic District or cause or permit such demolition to be done, nor shall any permit for such demolition be issued unless the demolition is approved by the Commission and a Certificate of Appropriateness is issued. B. A Landmark or Contributing Property may be demolished if: n1/Ord 06-20 Adopted 10-04-06 16 1. The Chief Building Official has determined that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or 2. The Commission finds, after review, that maintenance, use and/or alteration of the Designated Property in accordance with the requirements of this Article would cause immediate and substantial hardship on the property owner(s) because rehabilitation in a manner which preserves the historic integrity of the resource: a. Is infeasible from a technical, mechanical, or structural standpoint, and/or b. Would leave the property with no reasonable economic value because it would require an unreasonable expenditure taking into account such factors as current market value, permitted uses of the property, and the cost of compliance with applicable local, state and federal requirements. Costs necessitated by the neglect or failure of the current owner(s) to maintain the property need not be considered in making this finding; or P P c. The Commission finds that the demolition of a contributing property would not have a substantial adverse impact on the historic significance or integrity of a Historic District, C. The applicant shall bear the burden of proof for all findings required for approval of a Certificate of Appropriateness for demolition. D. If demolition is approved, the Commission may require the property owners to publish notice at least ten days prior to the scheduled demolition date, in a newspaper of general circulation, of � the availability of materials for salvage. Upon request, the Commission may make this information available to persons who may be interested in contacting the owner(s)to arrange for possible salvage of historic building materials. 1510 MAINTENANCE AND REPAIR EachP roperty designated as a Landmark, and properties designated as contributing properties within a Historic District shall be maintained in good condition and faithful to its historic character. Nothing in this Article shall be construed to prevent normal maintenance and repair of any exterior feature of any structure designated as a Landmark or Contributing Property within a Historic District, which does not involve change in design, material, color or outward appearance. The Commission shall not consider the interior arrangements or alterations to the interior of a building, unless authorization would impact the exterior. 1511 ECONOMIC HARDSHIP A. An application for demolition or removal of a Landmark or property within a Historic District may, if appropriate, be accompanied by a request for relief from economic hardship. 01/Ord 06-20 Adopted 10-04-06 I i- B. Before granting such request, the Commission shall study the historic or cultural value of the property, and shall review options including incentives to the owner for restoration, or recommendation to Council that the Town purchase the property. C. Separate standards and application requirements may be established by the Town for granting economic hardship relief for income-producing properties and for non-income producing properties. 1. Investment or income-producing properties: Economic hardship relief may be granted if the applicant satisfactorily demonstrates that a reasonable rate of return cannot be obtained from a property which retains features which contribute to its distinctive character in its present condition nor if rehabilitated, either by the current owner or a potential buyer. 2. Non-income-producing properties: Economic hardship relief may be granted if the applicant satisfactorily demonstrates that the property has no reasonable use as a single-family dwelling or for institutional use in its present condition or if rehabilitated, either by the current owner or a potential buyer. D. Economic hardship relief shall not be granted due to any of the following circumstances: willful destructive acts committed or caused by the owner; purchase of the property for substantially more than its fair market value; failure to perform normal maintenance and repair; or failure to diligently solicit and retain tenants or provide normal tenant improvements. 1512 APPEALS Any person or group of persons aggrieved by a decision of the Commission may appeal to the Town Council within 10 working days of the Commission's action, by filing with the Town Clerk written notice of appeal and any applicable fee as may be adopted. The Council shall render a decision to sustain, conditionally overrule or overrule the Commission decision. The Council may choose to hold a public hearing. 1513 VIOLATIONS AND ENFORCEMENT A. All work performed pursuant to a Certificate of Appropriateness under this Article shall conform to requirements thereof. Compliance shall be confirmed by inspections made by the Chief Building Official and the Commission Chairman or his/her designee. Certain requirements of the Certificate, such as signs, lighting, landscaping and site development shall be reviewed for compliance. B. Any action regarding a violation of any provision of this Article shall be brought to the Town �e . Anyperson, firm, corporation of other entity found to be in violation of anyprovision Attorney. p } of this Article shall be charged, at a maximum, with a class l misdemeanor. Each day in violation shall constitute a separate offense. O1"Ord 06-20 Adopted 10-04-06 18 C. Any person who causes unauthorized demolition, alteration, construction, or permits degradation or disrepair of a Designated Property as defined in this Article, or property proposed to be included in a Historic District, may be required to restore the property and site to its condition prior to the violation. The civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty. Until completion of restoration, no permits for anything other than restoration shall be issued for the property by the Town. 1514 SEVERABILITY This Article and its sections are hereby declared to be severable. If any section, subsection, clause, word or phrase of this Article is held to be void, unlawful or unconstitutional, such holdings shall not affect the validity of the remainder of this Article or of the Oro Valley Zoning Code Revised. OI'Ord 06-20 Adopted 10-04-06 19 ORDINANCE NO. (0) 06- 20 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6 OF THE TOWN OF ORO VALLEY TOWN CODE BY ADDING ARTICLE 6-10, ENTITLED "HISTORIC PRESERVATION CODE" WHEREAS, on September 27, 1989, the Town Council adopted a certain document entitled "The Code of the Town of Oro Valley, Arizona"; and WHEREAS, Council has determined that it is necessary to amend Chapter 6 by adding an article for the protection, enhancement, and perpetuation of properties, areas, documents and artifacts of historic,cultural, archaeological and aesthetic significance. WHEREAS, the Council has determined that amending Chapter 6, is necessary for the economic, cultural, educational and general welfare of the public, and is found to be in the best interest of the Town. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley Arizona, as follows: SECTION 1. That certain document entitled, "Article 6-10, Historic Preservation Code" three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, ( said document having been made a public record by Resolution No. (R) 06-73 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 4thday of October , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor r, ATTEST: APPROVED AS TO FORM: .7 / //'' • f-- Lit-az-41 / • _ Kathr$i E. Cuvelier, Town Clerk Melinda Ga ,aha , Town Attorney Date: /G � �� Date: /0 //U/o PUBLISH: DAILY TERRITORIAL OCTOBER 19, 20, 23, 24, 2006 POSTED: OCTOBER 24 - NOVEMBER 23, 2006 RG F:\Boards&Commissions\OTHER\Historic Prctmation Commission'Ordinancc-Historic P►csors•aoion doc CHAPTER 27: GENERAL DEVELOPMENT STANDARDS Section 27. 1 Operational Performance Standards A. Solar Protection No cture shall be erected which would shade an adjacent building when the - n is more than 45 deg -es above the horizon unless the written permission of the owner .- he property to be shaded is ->t obtained. N • B. Site Grading an s overing Requirements 1. Permit Required A grading permit is required.. •rior to grading, cle.. ing, or grubbing. 2. Site Marking The portions of a site to be grad:. sha .•e clearly marked on the site prior to any grading, clearing, or grubbing. Constru 'on equipm=-. shall be permitted only within marked area. 3. Protective Cover Cleared or grades land shall notbe left at any time wrIssut dust control nor shall be left uncovered for - ore than 60 days without temporary or peNtanent protective cover of the entire clear:. or graded area as determined by the Town Engine;- 4. ngine=4. Rev-.etation �esert vegetation shall be re-established by the developer over septic tank le':Ching fields and utility trenches where such are not located within cultivated yard, parking, or driv:. ay areas. • Section 27.2 Cultural Resource Preservation A. Purpose The purpose of this Section is to: 1. Establish guidelines and specifications for the preservation of archaeological, historical, and cultural resources within the Town. This is accomplished by a system of codes that represent a reasonable and defensible compromise between no building occurring on archaeological and historical sites, and development taking place in such a manner as to destroy significant cultural resources. • 2. Protect and perpetuate the unique character of a geographic area where existing sites, objects, archaeological remains, architecture, or other tangible records of past eras can be of enduring value in advancing education, general welfare, civic pride, and appreciation of their cultural heritage. Zoning Code/Oro Valley AZ May 2005 221 CHAPTER 27: GENERAL DEVELOPMENT STANDARDS Section 27.2 Cultural Resource Preservation B. Applicability This Section shall apply to all development, which requires a rezoning, preliminaryplat, off-site development plan, or amendment to these. Associated and ancillary construction (utility trenches, water and sewage treatment facilities, roads, etc.) will be treated in the same manner. 1. Areas with Approved Development Plans and Plats Current provisions for archaeological mitigation shall continue to apply to all properties until December 31, 1999. Thereafter, prior to issuance P p of a Grading Permit and any ground modification activities, an on-the-ground cultural resources survey and appropriate mitigation measures shall be conducted on the subject property in accordanceg J P p Y with the provisions of this Section. 2. Annexed Areas For areas with County approved plats or development plans County provisions for archaeological mitigation shall continue to apply to all annexed properties until the later of December 31, 1999 or two (2) years after the date the property was annexed. Thereafter the provisions of this Section shall apply. C. Site Analysis Requirements Specific provisions for Site Analyses are found in the appropriate Section of this Code. In summary, those provisions require an application for a rezoning to: 1. Complete a records check 2. Describe and map archaeological and historic sites identified on the property 3. If necessary, complete and record a field survey. D. Cultural Resources Mitigation Plan 1. Submittal and Review A cultural resources mitigation plan for any identified archaeological or historical sites on the subject property shall be submitted at the time of, or prior to, the submittal of any preliminary plat or development plan. The mitigationplan shall be prepared 9 and reviewed as described in Section 22.9.C., Preliminary Plat, and Section 22.9.E., Development Plan. The Town may request technical review from the Arizona State Museum and/or the State Historic Preservation Office (SHPO)when appropriate. 2. Mitigation Plan Requirements Applications required under this.Chapter shall be submitted in a form and in such numbers as required by the official responsible for accepting the application. 3. Phased Developments 222 May 2005 Zoning Code/Oro Valley AZ CHAPTER 27:GENERAL DEVELOPMENT STANDARDS Section 27.3 Public Artwork Provisions In lieu of a mitigation plan for the entire property,phased developments may submit and imple- ment mitigation plans for each phase that contains cultural resources. In thep event that an archaeological site spans more than one phase,a single plan shall be prepared for the phases that contain the site. E. Site Development 1. Disturbance. No physical disturbance (including artifact collection or excavation) of archaeo- logical or historic sites shall beermitted unless nless specifically indicated in the mitigation plan. Cultural resources identified for in-place preservation will be protected during development activities. P 2. Discoveries. Unrecorded archaeological sites unearthed during construction will be recorded and documented by a professional archaeologist. If any cultural resources are encountered during the grading/excavating process, all works shall cease in the vicinity of the resources and a qualified archaeologist shall be consulted to access the significance of the resources and recommend and undertake-appropriate mitigation measures. Information on the location and nature of cultural resources will be restricted except as necessary for avoidance and pro- tection. 3. Off-site Development and Ancillary Construction. Utility trenches, water and sewage treat- ment facilities, roads, etc.will also be investigated, evaluated,and treated by9 the same criteria as within the proposed development site. F. Treatment of Human Remains An agreement for the treatment of human remains shall be developed with the Arizona Museum (ASM) and appropriate cultural groupspursuant to p State 9 p. ARS Section 41-844 and ARS Section 41-865.This agreement shall be established prior to archaeological investigation.Completion of the approved mitigation program does not exempt the development from compliance with these state laws. G. Excavations on Public Property No individual shall be allowed to use a probe,metal detector,or any other device to search or exca- vate for artifacts on public property, nor can any individual remove artifacts fromublicproperty without the written permission of the Town. Furthermore, no disturbance Bance p or construction activities u shall be authorized within the properties belonging to the Town, including public streets and rights- of-way, without a Town permit and without such archaeologyefforts as addressedg in this chapter. Cultural Resources Inventory and Protection Environmentally Sensitive Lands I Cultural Resources Ordinance Survey f Historic Technical Advisory Preservation Committee Commission Public Advisory Committee Iv v Resource Cultural Priorities Resource Established Inventory Completed • ,,,ii Planning Commission1\- t ,, Cultural Resource II Ordinance included in ESL Town Council 1 Draft 4/20/9 TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: May 14, 2009 TO: Town of Oro Valley Historic Preservation Commission FROM: Paul R Popelka, Assistant Planning and Zoning Director SUBJECT: Information for the Environmentally Sensitive Land Ordinance (Future Agenda Item) Over the next few months, the Historic Preservation Commission will be working with staff and consultants on the Environmentally Sensitive Land Ordinance (ESLO). The work will involve the integration of cultural resources as a significant element of the ESLO. The work will include the following for cultural resources: - Establishing definitions for resources - Establishing criteria for resources - Defining priorities for various resources - Reviewing existing ordinances for protection and management - Final approval for inclusion in the ESLO The first work session for this is tentatively scheduled for June 8. In preparation for that meeting, the following materials are attached: - Cultural Resource Protection (Town of Oro Valley) - Historic Preservation Code (Town of Oro Valley) - Board of Supervisors Policy for Protection of Cultural Resources (Pima County) - A Vision for Cultural Resources (Pima County) - Review and Compliance (Pima County) - Protection of Cultural Resources (Town of Marana) - Protection of Archaeological Resources (City of Scottsdale) - Historic Preservation Ordinance (City of Scottsdale) 74PN _ IMMO, oard of Su ervisors Memorandum ,__zo,„ December 2, 2008 Board of Supervisors Policy for the Protection of Cultural Resources Backgrbund The purpose of the proposed Board of Supervisors Policy for the Protection of Cultural Resources is to reaffirm and formalize as policy Pima County's long-term commitment and practice to conserve and protect our region's archaeological, historical, and other cultural resources. With the adoption of Resolution 1983-104, the Pima County Board of Supervisors acknowledged, some 25 years ago, "the need of adequate documentation and professional preservation of the City-County's historical and archaeological sites as required by law." In 1988, the Pima County cultural resources program was initiated with the hiring of the first County archaeologist. Since then, Pima County has taken an active and consistent position in protecting our cultural and historic sites throughout our region with various preservation efforts such as archaeological and historic site protections, conservation land-use planning, ordinances, historic preservation bond projects, as an element of the Sonoran Desert Conservation Plan, and in working toward Congressional designation of the Santa Cruz Valley National Heritage Area. The following mission statement reflects the scope and direction of the Pima County cultural resources program and is the basis for the recommended Board of Supervisors policy. Pima County is rich in history, cultural diversity, living traditions, and regional character, all of which define our collective cultural heritage and community identity, where our Native American, Spanish Colonial, Mexican, and American traditions intersect with the natural environment to create a unique, multi-storied cultural landscape. Pima County honors this heritage by working to preserve our cultural and historical properties, including ancestral sites, traditional cultural places, historic buildings, districts, objects, living traditions, and working landscapes. To better acknowledge the full breadth of these heritage preservation efforts, I recommend the approval of the attached Board of Supervisors policy to reaffirm Pima County's vision and commitment to historic preservation. Respectfully submitted, C.H. Huckelberry County Administrator CHH/jj Attachment c: John Bernal, Deputy County Administrator for Public Works Nanette Siusser, Assistant County Administrator for Public Works Policy Linda Mayro, Cultural Resources Manager 1 J PIMA COUNTY, ARIZONA BOARD OP SUPERVISORS POLICY Policy Page Subject: Protection of Cultural Resources Number g C 3.17 Page 1 of 4 Purpose: The purpose of this Policy is to establish guidelines regarding the protection and documentation of archaeological, historical, and other cultural resources that are on land owned by Pima County or that may be affected by County projects or ground disturbing activities by other entities on County-owned land. Background: Pima County is a rich mosaic of historic places, cultural diversity, living traditions, and regional character, which define our collective cultural heritage and community identity. Cultural resources are finite and non-renewable, and include ancestral Native American, Spanish colonial, Mexican, and American archaeological and historic sites, traditional cultural places, historic buildings, districts, objects, and landscapes. Pima County is committed to the protection, conservation, and preservation of cultural resources to benefit its citizens of today and to preserve this rich heritage for its citizens of tomorrow. For many years, Pima County has actively worked to protect cultural resources impacted by County projects as formalized by Resolution 1983-104, which acknowledges "the need of adequate documentation and professional preservation of the city-county's historical and archaeological sites as required by law." Pima County recognizes that construction and development may negatively impact these irreplaceable cultural resources. This impact diminishes the cultural heritage of Pima County and affects the quality of life in Pima County and in our community. Policy: It is Pima County's policy to conserve and protect cultural resources, and to mitigate any negative effects that Pima County's operations and land-use planning decisions may have on cultural resources. Goals: The County's goals are to: • Preserve and protect cultural resources in Pima County. • Whenever possible, avoid adverse impacts from County projects on cultural resources. If impacts cannot be avoided, minimize and mitigate the effects of construction and development on Pima County's cultural resources. • Ensure the County's compliance with all county and state historic preservation laws and regulations, and when required, all federal laws and regulations. • Consistently apply procedures for the identification, evaluation, and assessment of cultural resource impacts, and procedures for mitigation of those impacts, to enable all County departments to achieve the County's cultural resources preservation goals and objectives. PIMA COUNTY, ARIZONA BOARD OF SUPERVISORS POLICY Policy Page Subject: Protection of Cultural Resources Number 9 C 3.17 Page 2 of 4 Definitions: 1. Cultural Resources: Archaeological and historic sites and buildings, districts, structures, or objects having historical, architectural, archaeological, cultural, or scientific importance. 2. Archaeological Site: Sites, districts and objects representing the material remains of past human life or activities that are preserved in their original setting and important to understanding prehistory or history. 3. Historic Site: Sites, districts, structures, objects, or other evidences of human activities that represent facets of the history of the nation, state, or locality 4. Traditional Cultural Places: Places associated with the cultural practices or beliefs of a living community, that are: (a) rooted in that community's history, and, (b) important in maintaining the continuing cultural identity of the community. 5. Historic Preservation: The process of applying measures necessary to sustain the existing form, integrity, workmanship and materials of an historic property through the preservation and protection of archaeological and historic sites and buildings, districts, structures, objects and areas of historic significance and interest. Requirements for Cultural Resource Protections: 1. For County Projects: 1.1 All County departments and units of Pima County Government will comply with applicable federal, state and local laws, regulations, rules, standards, procedures, and guidelines governing the protection of cultural resources. 1.2 Departments will consider cultural resources during the earliest stages of project planning, so that any potential impacts can be identified and resolved without causing project delays or unplanned increases in project budgets. 1.3 No land disturbance, grading or excavation will occur on County projects, and no designated historic structures or potentially historic structures will be altered or demolished, without first receiving cultural resources clearance for such activities in accordance with the provisions of this policy. 1.4 All cultural resources services required by County departments for their projects will be managed by the Pima County Office of Cultural Resources and Historic Preservation (OCRHP). 1.5 OCRHP will work with County departments to determine and coordinate project needs regarding cultural resources records checks, field inventory, eligibility to the National Register of Historic Places, impact assessments, and treatments, or mitigation, as appropriate. OCRHP will consult with the State Historic Preservation Office and other agencies as necessary, to obtain approvals and concurrence for cultural resources project implementation on behalf of County departments. PIMA COUNTY, ARIZONA BOARD OF SUPERVISORS POLICY Policy Subject: Protection of Cultural Resources Number Page C3.17 Page3of4 1.6 The County will maintain qualified consultant lists and one or more professional services contracts with consultants who hold Arizona Antiquities Act Permits, issued by the Arizona State Museum, or registered architects, specializing in historic preservation. All cultural resources services required by County departments for their projects will be performed by these consultants, or through a qualifications- based competitive procurement for professional services, unless an exception is authorized in advance by OCRHP and the Procurement Department. 1.7 Project-related costs for any cultural resources inventory, evaluation, assessment, and treatment or mitigation work performed by OCRHP and the consulting firms will be funded as part of the cost of the County project. 2. For County-Owned Cultural Resources: 2.1. Cultural resources owned by Pima County in open space preserves will be inventoried, as funds permit, recorded with the Arizona State Museum, and managed for preservation purposes. The Arizona Site Stewards program will be engaged to assist in monitoring these cultural resources. 2.2 Historic buildings and structures owned by Pima County will be preserved, maintained, and utilized. Treatments may include preservation, restoration, rehabilitation and adaptive use. 2.3 County employees, volunteers, contractors, and subcontractors will not remove archaeological or historical materials and artifacts (including fragments) from, nor disturb such materials on, County property. Any violation of this direction shall require a written report to the County Administrator, documenting the incident. The report shall include a description of the incident and an analysis of why the incident occurred, shall detail any disciplinary action taken, and shall describe measures developed to prevent such incidents from recurring in the future. 3 For Third-Party Projects on County Property: Projects to be carried on County-owned property by third parties such as (but not necessarily limited to) recreational facility operators, ground lease tenants, and park project donors, that are subject to review and approval by the f ounty will submitted OCRHP cultural resource review, approval v. �v �iv .. . , ♦�.. be submitted tofor cultural impact and mitigation if necessary, as part of the review and compliance process. 4 For County Property being Sold: County property containing cultural resources will not be sold or otherwise conveyed to a third party unless resource protection and preservation is made a condition of sale and the property is conveyed subject to restrictive covenants, enforceable by the County, that require such protection and preservation. Should impacts to cultural.resources be unavoidable, the third party will be responsible for the costs of mitigation. PTMA COUNTY, ARIZONA BOARD OF SUPERVISORS POLICY Policy Page SubLct: Protection of Cultural Resources Number C 3.17 Page4of4 5 Projects in County Rights-of Way by Others: The Development Services Right of Way Permits Office will require cultural resource review and compliance, including mitigation if necessary, prior to issuance of a right-of-way permit for construction within a Pima County roadway. ADMINISTRATIVE PROCEDURE: The County Administrator is directed to develop an Administrative Procedure establishing a cultural resources review and compliance process to carry out the intent of this Policy. RESPONSIBLE DEPARTMENT: The Pima County Office of Cultural Resources and Historic Preservation will be responsible for the implementation of this policy in cooperation with all other County departments. Effective Date:: 3vl,r uuiturai .resources Page 1 of 4 . i„„i.....,,,-,1,,,,.,- Desert. .. ., ` : ,. , , ,,..,,„,„,,:.,,,,,,, , ,,,,--,„ -„,s,„ („:,.,,.-,..,‘.,-.,:,..t'). Sonoran Conservdtlon �:xy ���' ,,,,,,v,..,,4,-..s..; � ,� �,� • • 4.,,,,Av,.,..„,.,, ..,,-..--...„....-4„,,,..,,,,,,,'4,':',.,..,. ..,.4,'.:5i.tt, '.4,..t 2..,-',,,:,,,,,,..,.,..,,,,,,.. ' ,...:, .. .. :.:,.: a,.::,. ..,..., ,, ..,.. ..- ....,. .. ..... .. `arc ..w.;.,....,,..... ..,.,.e.,>... . ,,,,'..•• �a ... . SDCP Home Sonoran Desert A Vision for Cultural Resources Conservation Plan Introduction Pima County is rich in history, culture, regional character, and diversity, all of which contribute greatlyto our collective heritage and communityidentity. Cultural and Critical Habitat& 9 Y I Biological Corridors historical resources are those places that are created by and reflect upon the people who have lived for thousands of years in what is today Pima County. The citizens of Pima 111 Riparian Protection Countyhave longrecognized the value of preservingtheir cultural resources. 9 IMountain Parks Cultural Resources .f Silk, ( / IIRanch Conservation ,.fM s s Multi-Species x ' ��r i Conservation Plan ,, 'ftliV:V:,..07 :':::::::‘ . ...n,, .,, Meetings&Events Q "Hs Species in Pima County Ecological Monitoring Cultural u rtes SDCP Maps Pima County is committed to cultural resource conservation so future generations may Reports know the wonders of their past. Sonoran Desert Through the Sonoran Desert Conservation Plan process, Pima County, Arizona has gained Kids a comprehensive understanding of its cultural resources. Education Center.._] Continuous Occupation Related Links of Pima County has been continuously occupied for approximately 12,000 years from the end Interest of the last Ice Age to the present day. Contributors Archaeological Sites There are 3,984 archaeological sites known in Pima County, yet only 12 percent of the land base has been formally investigated. Most common are sites dating to the period 4 from A.D. 750-1450 during which the Hohokam people occupied central and southern Arizona. $} a : Historic Buildings ,*iip41 'i_ ,,. More than 4,000 historic buildings have been recorded, most of which are within the Tucson city limits. In general, these represent settlement during the 19th and early 20th Privacy Statement/ centuries when Tucson emerged from a fortified village to a major metropolitan center. Disclaimer National Register Copyright©2009, There are 121 places listed on the National Register of Historic Places, the nation's honor All rights reserved role of historically important properties. Twenty-six of these are districts that contain multiple buildings or archaeological sites. The City of Tucson has 16 such districts alone, y�y , _3 ,. ,_. five of which are also city designated districts. Historic Communities Ten historic communities are 50 years old or older: Silverbell, Marana, Rillito, Catalina, Redington, Vail, Continental, Sahuarita, Arivaca, Sasabe, and Tucson itself. Cultural Locations Five traditional cultural places have been identified, four of which are important to the Tohono O'odham Nation and one that is important to the Mexican American community in Tucson. Ghost Towns Thirteen communities have been abandoned and are now ghost towns such as Greaterville and Total Wreck in the Cienega Valley, Twin Buttes and Helvetia in the Upper Santa Cruz Valley, Cerro Colorado in the Altar Valley, the Silverbell mining camp in the Avra Valley, http://www.pima.govicmoisdcp/Cultural.html 05/13/2009 otik,r l.,ui Lul dl nesuurces Page 2 of 4 and Clarkstown on the west side of the Tohono O'odham Indian Nation. These reflect the importance of silver, gold, lead, and copper mining in Pima County's history. Historic Trails There are three historically significant trails. The Anza Trail of 1775-1776 was used by Captain Juan Bautista de Anza in his excursions to the Pacific Coast. The Camino del Diablo linked Sonora with southern California during the 18th and 19th centuries. Thirdly, is the Butterfield Trail, an overland mail route between St. Louis and San Francisco, that was used between 1858 and 1861.Priority Cultural ResourcesThe Technical Advisory Team for the Cultural Resources Element of the Sonoran Desert Conservation Plan reviewed nearly 4,000 archaeological sites and over 4,000 historic buildings and structures. This group selected 70 individual archaeological sites, 29 clusters or"complexes"of archaeological sites representing repeated use of the landscape over thousands of years, and 138 historic resources all built over the past two centuries. In total, 237 places have been identified as Priority Cultural Resources. These are high value cultural resources that because of their importance to the history and culture of the citizens of Pima County deserve conservation in the public interest. `3 ; F a i.► YAC j k - ' ,i-s, IL;Z7-1,7 It",-' '!! *,,i,,,f 7:,' 4k ict „.,, ,,,,,:,,,,, r, -- 40, - ..- ‘,.,,,414,-.1., .,,,,,,,.--„,..!, '-',..4(,,,,--,‘,„a' ,,,,,... ,,,A,‘,‘,,,, :,,,,,,i ,,, ,, ,, „ ,,,, .1.,,, ,,,,,,,,,,,,,,, ,,,„,,,,, � v a G 8 a , ,ga `` � � <��d.3°, 3 v ,�a �ear� a �� '2":. si xE`a7 �'x gv a --,,,,y--,--- - ' - - i '..„ --- ,,,,,,,!:-.•.,,.., :::i ,,:ot-,,s-... ,,,,,,,4 ,,iiii, , „ ,44�y,,,ye;; dam¢ a `,,;:: �, y z ,� i. +�4�t 4 .k. y 7 .. ;:::1''', ,,,‘ �, 1e.; c �dx�,*�s�'�a '�t cs x Baa�h.�sy�a.� ., ° � as`: `#�.,a< �` ti �: ::,:;',,L,.,,-,:� „,,,...-,e1::-tea Priority Resources The selected Priority Cultural Resources include: •Ancient Native American villages, including some of the oldest sites with evidence of irrigation agriculture in North America. •The magnificent Mission church, San Xavier del Bac, known the world over as one of the finest examples of Spanish Colonial ecclesiastical architecture. • Mexican and U.S. Territorial era ranches, such as the Canoa Ranch in Green Valley. • The 19th century ruins of Fort Lowell, a frontier military base that played an instrumental role in the"Indian Wars”of the mid- to late 19th century before Arizona statehood. • Old mines, such as Kentucky Camp in the Cienega Valley. • Residences of both the local Sonoran style of architecture and the imported Victorian styles that followed the coming of the railroad to Tucson in 1880. • Churches, school houses, commercial establishments, bridges, and other transportation related features that followed statehood in 1912. • Several parks, including Tucson Mountain Park, created in 1929 and developed by the Civilian Conservation Corps. Together these priority cultural resources represent 10,000 years of settlement in what is today Pima County, representing a physical legacy of the struggle for survival for hundreds of generations of people who have made Southern Arizona their home. Evaluation Process The challenge we face is to develop strategies that effectively protect cultural resources for future generations. An important part of this involves comparing the location of high value cultural resources with data on high value natural resources. Data layers mapping core biological, habitat, and riparian areas were compared with the location of priority cultural resources to determine where they overlap and where they are distributed separately. The analysis indicates that priority cultural resources overlap with important riparian areas both within and outside the urban core. However, more of the priority archaeological sites are located within the urban core where natural resource values are low. For the archaeological site complexes, the reverse is true. Most historic resources are located within the Tucson Metropolitan area, although a small number are distributed in areas with high natural resource values in the rural countryside. http://www.pima.govicmo/sdcp/Cul-tural.html 05/13/2009 ►JL'lAt <,Ul l Ul ai i esuui ees Page 3 of 4 High value cultural resources overlap with high value natural resources in some places but not in others. Some are on private land and some are on lands that are publicly owned. A majority exist in the urban core under the jurisdiction of local governments. Some resources, including many of the archaeological complexes, cover thousands of acres, whereas others, particularly the historic resources, are located on less than one acre.The challenge we face is to develop strategies that effectively protect cultural resources for future generations. An important part of this involves comparing the location of high value cultural resources with data on high value natural resources. Data layers mapping core biological, habitat, and riparian areas were compared with the location of priority cultural resources to determine where they overlap and where they are distributed separately. The analysis indicates that priority cultural resources overlap with important riparian areas both within and outside the urban core. However, more of the priority archaeological sites are located within the urban core where natural resource values are low. For the archaeological site complexes, the reverse is true. Most historic resources are located within the Tucson Metropolitan area, although a small number are distributed in areas with high natural resource values in the rural countryside. High value cultural resources overlap with high value natural resources in some places but not in others. Some are on private land and some are on lands that are publicly owned. A majority exist in the urban core under the jurisdiction of local governments. Some resources, including many of the archaeological complexes, cover thousands of acres, whereas others, particularly the historic resources, are located on less than one acre.The challenge we face is to develop strategies that effectively protect cultural resources for future generations. An important part of this involves comparing the location of high value cultural resources with data on high value natural resources. Data layers mapping core biological, habitat, and riparian areas were compared with the location of priority cultural resources to determine where they overlap and where they are distributed separately. The analysis indicates that priority cultural resources overlap with important riparian areas both within and outside the urban core. However, more of the priority archaeological sites are located within the urban core where natural resource values are low. For the archaeological site complexes, the reverse is true. Most historic resources are located within the Tucson Metropolitan area, although a small number are distributed in areas with high natural resource values in the rural countryside. High value cultural resources overlap with high value natural resources in some places but not in others. Some are on private land and some are on lands that are publicly owned. A majority exist in the urban core under the jurisdiction of local governments. Some resources, including many of the archaeological complexes, cover thousands of acres, whereas others, particularly the historic resources, are located on less than one acre. • J.1 Y � Conservation Stategies The citizens of Pima County are blessed with an abundance of cultural resources, some of which are extraordinary in nature. Cultural resources in Pima County have been and continue to be threatened, most immediately in areas that are just developing now or will be in the near future. Protecting these resources will require long term, region-wide planning and cooperation on the part of public entities and private citizens. A variety of conservation strategies employed on different scales and time frames will be needed to address the realities of cultural resource conservation. • Work cooperatively with federal, state, and local governmental entities to achieve shared conservation goals. • Develop a regional management strategy that is centered on adaptive management concepts. • Purchase land containing high value cultural resources when and if public monies http://wvvw.pima.govicmoisdcp/Cultural.html 05/13/2009 0i i r �,ui tui dl 1lesuU1 lees Page 4 Ot 4 r become available. • Create an incentive program to encourage private land owners to voluntarily protect cultural resources that are on their land or that compensate them for giving up development rights to lands containing cultural resources. • Implement land use regulations to ensure that when private land is developed cultural resources are considered as a part of the development review approval. • Inform and educate the public about the past and engage them in saving our collective heritage for the future. Cultural Resources Map (PDF) f of,t Sonoran Desert Conservation Plan Pima County Administrator's Office 130 West Congress, 10th Floor Tucson, AZ 85701 520-740-8162 http://www.pima.govicmo/sdcp/Cultural.html 05/13/2009 rima Lounty uultural Kesources Page 1 of 4 Cultural Resources and Historic Preservation Office4 s . . 5 . 777.1, . EJbd .:... .. � ";i3: :.3' is Homy ��j}� Ar �{/i w1 wra ._'y:�ay`_y n-a �\a 1-- About Us - >�`t:�Y��`SM 4ytaV F P'+^b < 7 yE P d •�a Y E •S' Bond Projects alcYnp Historic Ft. Lowell \ ,J^.Lr.••. �' w�'<,.'P .\ $+ ::a xx Park Master Plan • • r ' r� 47* Historic Preservation Joint Courts Archaeological Review & Compliance Project Laws PoliciesIntroduction and Background • So. h should ou care? • What are Cultural Resources? • Why are cultural resources important? • How do we protect News/Events cultural resources? • Legal Authorities Related Links of Interest Review Process Reports Flow Chart • Step One - Records Check • Step Two- Inventor • Step Three Review Evaluation • Ste p Four - Impact Assessment • Step Five - Mitigation • Review Csparipli Process - The Players • Planning for Preservation • Coordinate and SDLP Communicate • Summary of Points to Remember Santa Cruz Valley National Heritage Compliance Requirements and Processes Area V" '^t - Introduction • Review Process • Comprehensive rehensivePlan Amendments • Rezo 9.4:41 - Requests • Grading Permit •Right of Way Use Permit • Guidelines for Pima County Cultural Resources Compliance `Y 4 Privacy Statement/ Disclaimer Introduction and Background All CopyrighP ghtstreserved, Pima County's cultural resources program was created in 1989 with the hiring of the first county archaeologist. Since 1996, the office has been a part of Pima County Administration. Linda Mayro is the Cultural Resources Manager and directs a staff of five, including three archaeologists/cultural resources specialists, a historic preservationsist, and an administrative support specialist. The Pima County Cultural Resources and Historic Preservation Office (Cultural Resources Office) has many responsibilities: • We are responsible for assisting all county departments in meeting the county's cultural resources requirements under county, state and federal law. • We provide assistance and technical advice to private developers and the general public. • We serve as the county's regulatory office concerning cultural resources compliance requirements. • We manage Bond projects for the acquisition and restoration of important cultural sites. • We are engaged in regional planning and have been heavily involved in the Sonoran Desert Conservation Plan. • We seek grants for preservation projects. • We engage in public outreach, education, and training. So, why should you care? http://wwvv.pima.gov/cultural/Review.html 05/13/2009 rima county uuiiurai .resources rage L ui '+ If you are planning a residential or commercial development, large or small, we can help you meet the cultural resources requirements of the county as well as any state and federal requirements that might apply. We can also help you resolve cultural resources issues that you may not be aware of, but are required by law to address, to avoid unpleasant surprises during planning and review. In the following sections, we'll outline the county cultural resources compliance review process, and we'll discuss some of the issues concerning development projects in Pima County. We'll cover the following subjects: • Definitions and concepts • Legal authority • Compliance review process • Planning for preservation • Summary of points to remember \:**:„ •tl',4 ‘40.,'='' What are Cultural Resources? • Archaeological sites • Historic sites • Traditional Cultural Places Archaeological Sites • Definition: Any material remains of past human life or activities that are preserved in their original setting that are important to understanding prehistory or history Archaeological sites represent the physical remains of past human behavior in a single location dating to one or more periods of use in time. These may include places where people lived, where they hunted and gathered their food or harvested their crops, where they worshipped, buried their dead, and fought their battles. An archaeological site is any place where artifacts and/or cultural features are concentrated on the landscape that represent past human activities that are 50 years old or older. This definition has been broadly applied to include prehistoric and historic sites of all time periods, functions, and spatial distributions from the earliest human occupation some 12,000 years ago to the 1950s. Pima County is rich in cultural resources and many archaeological sites are known. For instance, although only about 12-percent of the landbase of Pima County has been archaeologically surveyed, more than 4,000 archaeological sites have been recorded. The remaining 88-percent of the county is yet to be surveyed, but it is certain that thousands of archaeological sites exist in the unsurveyed portions of the county. Perhaps one or some of them await discovery on land you plan to develop. http://www.pima.gov/cultural/Review.html 05/13/2009 nma county uuiiural resources rage or 4+ Historic Sites • Definition: Sites, districts, structures, objects, or other evidences of human activities that represent facets of the history of the nation, state, or locality Historic resources include a wide variety of sites, buildings, structures, and objects, including residences, commercial establishments, engineered features such as roads and bridges, schools, churches, military forts, cemeteries, parks, and streetscapes. These kinds of resources typically date to within the last several hundred years. Currently, there are about 4000 recorded historic sites in Pima County, mostly buildings, and mostly in Tucson. There are 121 historic sites listed on the National Register of Historic Places and 26 National Register Historic Districts. Traditional Cultural Places • Definition: Places associated with the cultural practices or beliefs of a living community, that are: (a) rooted in that community's history, and, (b) important in maintaining the continuing cultural identity of the community. The cultural significance of Traditional Cultural Places (TCPs) is derived from the role these resources play in a community's historically rooted beliefs, customs, and practices. Cultural resources that meet this definition are typically identified as being significant to Native American communities, but not exclusively. These can include a place where traditional plants used in a ceremony are gathered, a natural landscape feature associated with an event or figure important in creation myths, or a spring revered because of its life giving water. There are about half a dozen well documented TCPs in Pima County, but many more remain undocumented. a • • 4'fir E 4 •,( ry :. f ys e . • ..,,,,t31191‘410 11 Why are cultural resources important? • Vestiges of our collective heritage • Contribute to a sense of place and cultural identity • Scientific, educational, recreational, aesthetic, and spiritual values • Finite, fragile, irreplaceable, non-renewable Cultural resources have the potential to tell us about who we are and where we came from. And, once they are gone, they are gone forever. How do we protect cultural resources? • Historic Preservation: A process whereby the effects of planning decisions on cultural resources are considered in accordance with law There are historic preservation laws on the local, state, and federal levels h-ttp://www.pima.govicultural/Review.html 05/13/2009 ima uounty uulturai esources rage L or 4 throughout the country. Legal Authorities • Arizona State Antiquities Act 1927 • Pima County Board of Supervisors Resolution 1983-104 • Arizona State Burial Act 1990 • Pima County Comprehensive Plan 2002 • National Historic Preservation Act 1966 • Review Process Flow Chart • Step One - Records Check • Step Two - Inventory • Step Three - Evaluation • 5teso Four - Impact Assessment • Step Five - Mitigation • Review Process - The Players • Planning for Preservation • Coordinate and Communicate • Summary of Points to Remember http://www.pima.gov/cultural/Review.html 05/13/2009 TOWN OF MARANA LAND DEVELOPMENT CODE TITLE 20 Protection of Cultural Resources SECTIONS: 20.01 Purpose 20.02 Definitions 20.03 Applicability 20.04 Professional Qualifications 20.05 Archaeological Review 20.06 Development of Cultural Resources 20.07 Appeals 20.08 Enforcement 20.01 Purpose The purpose of this section is to establish guidelines and specifications for the documentation and protection of archaeological and other cultural resources and to encourage sensitive development within the Town of Marana. Its intent is to preserve cultural resources within the Town and to protect and perpetuate the unique character of the geographic area where existing sites, objects, archaeological remains, architecture, or other tangible records of past eras can be of enduring value to the people of the Town in advancing education and appreciation of their cultural heritage. 20.02 Definitions For the purposes of this Article, the terms and phrases listed below shall have the following meanings: Archaeological Resources: Material remains of past human activity and life, which are at least fifty (50) years old and of historic or pre-historic significance, including artifacts, monuments, and other cultural remains. Certificate of Approval: An official form issued by the Town of Marana stating that the applicant has satisfactorily implemented the approved mitigation plan for a significant archaeological resource. Certificate of Appropriateness: An official form issued by the Town of Marana stating that the proposed work on a cultural resource is compatible with the historic character of the property and, therefore: (1) the proposed work may be completed as specified in the Certificate; and (2) the Town's departments may issue any permits needed to do the work specified in the Certificate. Certificate of No Effect: An official form issued by the Town of Marana stating that no archaeological resources were identified in the archaeological survey and report, or that the archaeological resources that may be impacted by the proposed work have been determined not to be significant, or that proposed work involving one (1) or more significant cultural resources or sites will have no adverse effect on the character of the resources or sites and, therefore, work may proceed as specified in the certificate TITLE 20 PAGE 1 ()1.10 l;FFECrlvi:4/15/03 ORD.2003.05 TOWN OF MARANA LAND DEVELOPMENT CODE without obtaining further authorization under this article, and authorizing the issuance of any permits for said proposed work. Cultural Resource: any prehistoric or historic district, site, building, structure, object, or landmark included in, or eligible for inclusion on, the National Register of Historic Places, the Arizona Register of Historic Places or the Marana Historic Register, including artifacts, records and material remains related to such property or resource. Cultural Resource Preservation Board: a voluntary advisory board with five (5) members, appointed by the Mayor and approved by the Town Council, which shall hear and consider matters of a legislative nature, of policy and of other cultural resource preservation functions as necessary. The Board's primary duties involve making recommendations to the Town Council on matters of historic preservation, including developing, maintaining, and from time to time amending a plan for cultural resource preservation in the Town of Marana. The Board shall also provide public information and education on preservation, coordinate resources, and confer with other city, county, regional, state and national historic preservation boards and commissions. Development: The performance of any building or grading operation, the making of any material change in the use or appearance of any structure or land, the division of land into two (2) or more parcels, and the creation or termination of access rights. "Development" includes, but is not limited to, such activities as the construction, reconstruction, or alteration of the size, or material change in the external appearance of a structure or land; commencement of mining excavation, trenching, or grading; demolition of a structure or removal of vegetation; deposit of refuse, solid waste or fill; alteration of a floodplain, or bank of a watercourse. Mitigation Plan: A plan prepared by a qualified archaeologist for the preservation, recovery, excavation, archiving, monitoring and/or documentation of one (1) or more significant archaeological resources or sites. Records Search: A process whereby a qualified archaeologist searches for documentation with the State Historic Preservation Office (SHPO) and the Arizona State • Museum (ASM), including AZSITE (archaeological resource database maintained by SHPO), to determine if a particular site has been surveyed and inventoried. 20.03 Applicability This Article shall apply to all development and ground disturbance within the Town of Marana, unless the development project is included in the exemptions listed below: 1. An archaeology survey and report is not required for the following exempt development projects: a. A private single-family residence on a single family lot. b. A non-residential development with one-half (1/2) acre or less ground disturbance activity by the project. This exemption does not apply to a linear project, such as an underground utility installation, greater than one thousand (1,000) feet in length, and with above ground or TITLE 20 PAGE 2 OF 10 EFFECTIVE 4/15/03 ORD.2003.05 TOWN OF MARANA LAND DEVELOPMENT CODE below ground disturbance of greater than two (2) feet in width or depth. A report by a qualified archaeologist on a records check is still required to identify potential archaeological resources that may be discovered or disturbed by construction. 2. Sections IV.G. and H., on discoveries during construction, still apply to any development project exempt from completing an archaeology survey and report. 3. An archaeology survey is not required for a development project on previously disturbed land where fifty (50) percent or more of the land was built upon prior to the current development project. This exemption applies to archaeological surveys only. A report by a qualified archaeologist on a records check is still required to identify potential archaeological resources that may be discovered or disturbed by construction. Sections IV.G. and H., on discoveries during construction, still apply to a development project on previously disturbed land. 4. The following approved and pending applications, as of the effective date of this Article, and subsequent applications relying on the prior approvals listed are exempt from the archaeology survey and report requirement. Sections IV.G. and H., on discoveries during construction, still applies to any development project exempt from completing an archaeology survey and report. a. Building permits. b. Single family residential lot splits into two or three lots. c. Preliminary and final plats. 20.04 Professional Qualifications All documents and activities relevant to the management, preservation, and recovery of archaeological and historic resources will be prepared or undertaken by a qualified archaeologist and/or archaeological historian working under the appropriate State survey and recovery permits. Any study conducted by or endorsed by a qualified archaeologist must satisfy the Code of Ethics and Standards of Performance of the Society of Professional Archaeologists. A "qualified archaeologist" is a person who possesses the following minimum professional qualifications per the Secretary of the Interior's Professional Qualification Standards: A graduate degree in archaeology, anthropology, or closely related field, plus: 1. At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management; TITLE 20 PAGE 3 0r;10 Ir•J:F(I'1\'i 4/15/03 ORD.2003.05 TOWN OF MARANA LAND DEVELOPMENT CODE 2. At least four months of supervised field and analytic experience in general North American archaeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period. Five years of professional experience may serve as a substitute for the graduate degree requirement. 20.05 Archaeological Review A. All proposed development projects within the Town of Marana shall be reviewed for their potential impact on archaeological resources. The review process shall take one of two paths: 1. If the proposed development is a federal or state undertaking (i.e. to take place on federal or state land, funding to come from federal or state agencies, or circumstances dictate federal or state agency regulation), the project must necessarily pass through the State Historic Preservation Office (SHPO) for compliance review. In which case, the Town of Marana shall be copied on all reports and other information regarding the status of the projects. Approval from SHPO shall be required before appropriate Town permits may be issued. 2. All other proposed development, those involving private land, private funding, etc., shall be reviewed by the Town of Marana in the process outlined below. B. With any application for development, the applicant may provide a letter from the Arizona State Museum (ASM) or SHPO containing a recommendation on how development should proceed based on existing information. In lieu of a letter from ASM or SHPO, the applicant may submit a report from a qualified archaeologist that reviews all of the available information for the project area. At minimum, the report shall: 1. Determine whether the project area had been previously surveyed for cultural resources. 2. Identify any previously recorded archaeological or historic resources known to exist on the property or in the general vicinity. 3. State the probability that buried archaeological resources not visible from the surface would be discovered in the project area. 4. Make an informed recommendation as to whether an archaeological survey of the project area is needed. TITLE 20 PAGE 4 OF 10 EFFECTIVE CI'IV 4/15/03 ORD.2003.05 TOWN OF MARANA LAND DEVELOPMENT CODE 5. Describe and map archaeological and historic sites identified on the property in either the records check or a subsequent field survey. Detailed location maps of such sites should be available from the archaeologist or consultant for staff review of this document. C. If the letter from ASM or SHPO, or the qualified archaeologist's report, states that a field survey has been completed and no significant resources were found, or that significant resources have been located on the site but the site's informational value has been exhausted, then a Certificate of No Effect shall be issued by the Planning Department, authorizing the issuance of appropriate permits for the proposed project. A Certificate of No Effect shall be issued, including any conditions: 1. If it is determined the proposed work is minor and clearly within adopted development guidelines; and 2. If modifications to the proposed work are requested by the Planning Department Staff after review, they are agreed to by the applicant; and 3. In any case the proposed work will not diminish, eliminate, or adversely affect the historic character of the subject property. D. If the qualified archaeologist determines through his/her records search that a field survey has never been performed for the site, or that the survey is outdated or incomplete, a field survey shall be completed by a qualified archaeologist and be submitted to the Planning Department. E. If a Certificate of No Effect is not approved, a Certificate of Approval shall be required to proceed with development according to the following procedures: 1. Town of Marana Planning Department Staff and/or archaeological consultants retained by the Town shall review the survey and report and approve or disapprove of the recommended significance of archaeological resources impacted by the proposed development. The survey and report can also be returned to the applicant for modifications by a qualified archaeologist if it is found to be incomplete and/or inaccurate by Town Staff. 2. Town Staff shall require the applicant to have a mitigation plan, in report format and prepared by a qualified archaeologist, submitted for review when it has been determined that a significant archaeological site exists on the property that is proposed to be impacted by development. The mitigation plan will detail strategies for the management of the affected sites and include standards for: further testing, sampling strategies, documentation, data recovery (excavation), preservation and protection, curation, analysis, and report preparation. Off-site TITLE 20 PAGE 5 OF 10 rl;;:rc;r1vF 4/15/03 ORD.2003.05 TOWN OF MARANA LAND DEVELOPMENT CODE developments and ancillary construction (utility trenches, water and sewage treatment facilities, roads, etc.) shall also be investigated, evaluated, and treated by the same criteria as cultural resources within the proposed development site. The mitigation plan shall: a. Outline a resource assessment program to evaluate the significance of those resources to be affected by the proposed land use; b. Outline an effective preservation plan or data recovery and documentation plan for those resources determined to have significant research or other value; c. Provide a schedule for the implementation of the accepted mitigation plan; and d. Provide a cost estimate for mitigation strategies, including testing, data recovery, curation and report preparation, as described in the mitigation plan. 3. Town Staff shall review the mitigation plan and may request technical assistance from ASM, SHPO and/or a qualified archaeologist as appropriate and shall approve or deny the recommended mitigation plan within fifteen (15) working days after it is submitted. If the plan is not approved as submitted, Staff shall advise the applicant on the changes needed in the mitigation plan for it to be approved. 4. In making a decision on the mitigation plan, Town Staff shall consider methods to avoid, reduce, or mitigate effects on historic and cultural resources, such as a preservation easement, while taking into consideration the current needs of the property owner and reasonable methods for carrying out the recommended plan. Appropriate financial assurances, amount to be determined by the Town, must be posted with the Town of Marana for the implementation and completion of the accepted mitigation plan. 5. A Certificate of Approval shall be granted by Town Staff upon the satisfactory implementation of an approved mitigation plan. 6. Construction activity on the site may proceed once all the necessary excavation and collecting of archaeological resources is complete. A final report describing the collection and summarizing the finding is due within one year after receiving a Certificate of Approval. A copy of the final report, and any other pertinent information regarding historic properties, shall be sent to SHPO for recordation in their cultural resource inventory. F. In the event work is being performed without first having obtained a Certificate of No Effect or a Certificate of Approval, the Planning Director or designee shall TITLE 20 PAGE 6 OF 10 1?FI EC IV 4/15/03 ORD.2003.05 TOWN OF MARANA LAND DEVELOPMENT CODE contact the person performing the work and all work shall cease. The Town may seek an injunction and any other remedy at law or equity to enforce the stop order. G. When a previously unidentified archaeological site is discovered in the course of construction, the property owner immediately shall notify the Town of Marana Planning Department. The property owner shall have a preliminary study made by a qualified archaeologist to determine the effect that the proposed development project may have on the site. The Town's consulting archaeologist, with concurrence from the qualified archaeologist hired by the property owner, shall evaluate on-site the significance of the archaeological finding as soon as possible. When the Town's consulting archaeologist and the qualified archaeologist hired by the property owner concur that no adverse effect on the archaeological site will take place, the project may proceed immediately. Where an adverse effect on a significant archaeological site will take place, the project shall comply with the Certificate of Approval process as described in Section IV.E. of this article. H. In the event that human remains, including human skeletal remains, cremations, and/or ceremonial objects and funerary objects are found during discovery, scientific excavation or construction, ground disturbing activities shall cease in the immediate vicinity of the discovery. State law (ARS §41-844 and ARS §41- 865) requires that ASM be notified of the discovery of these remains so that, in consultation with Native American communities or other groups, appropriate arrangements can be made for their repatriation and reburial by cultural groups who claim cultural or religious affinity to them. The remains shall be removed from the site pending the review and decision of the affected cultural groups and ASM. 20.06 Development of Cultural Resources When a building permit or other permit is sought from the Town to alter, remodel, move, build, or otherwise develop or landscape property, which has been designated as historic by the Cultural Resource Preservation Board, issuance of the permit shall be deferred until after a Certificate of No Effect or a Certificate of Appropriateness is obtained from the Town of Marana Planning Department or the Cultural Resources Preservation Board. A. Certificate of No Effect 1. The Planning Department shall issue a Certificate of No Effect if: a. It is determined the proposed work is minor and clearly within the adopted Historic Preservation Plan, and b. Any modifications to the proposed work requested by the Town of Marana are agreed to by the owner/applicant, and c. The proposed work will not diminish, eliminate, or adversely affect the historic character of the subject property or district. TITLE 20 PAGE 7 01-10 1?FFEC nvk 4/15/03 ORD.2003.05 TOWN OF MARANA LAND DEVELOPMENT CODE 2. A Certificate of No Effect shall expire and become null and void two (2) years from the date of issuance unless construction work is started within that time. B. Certificate of Appropriateness 1. If a Certificate of No Effect is not issued, a Certificate of Appropriateness from the Cultural Resource Preservation Board shall be required. 2. The Town of Marana Planning Department shall schedule a public hearing before the Cultural Resource Preservation Board within forty-five (45) days of the filing of an application for a development permit. Notice of the application shall be posted on the property at least ten (10) days before the date set for the public hearing. The Cultural Resources Preservation Board shall review the application for consistency with the Town of Marana Historic Preservation Plan, and after reviewing the evidence presented at the hearing, the Board shall grant or deny the Certificate of Appropriateness, grant it with stipulations, or issue a Certificate of No Effect. 3. In the event work is being performed without first having obtained a Certificate of No Effect or a Certificate of Appropriateness, the Planning Director or designee shall contact the person performing the work and all work cease. The Town may seek an injunction and any other remedy at law or equity to enforce the stop order. 20.07 Appeals A. All appeals of Staff determinations of the significance of archaeological sites, Certificates of No Effect, Certificates of Approval, Certificates of Appropriateness and disapproval of mitigation plans shall be made in writing by the applicant within five (5) days of the decision and shall be appealed to the Cultural Resources Preservation Board. B. A hearing on appeals regarding cultural resources and procedures shall be scheduled for the Cultural Resources Preservation Board within thirty (30) days of the request. The Board shall hold a hearing and can approve, disapprove, approve with stipulations or remand to the applicant for modifications the significance of cultural resource sites, the Certificate of No Effect, the Certificate of Approval, the Certificate of Appropriateness or the mitigation plan. C. The owner, applicant, or other aggrieved party may appeal the Cultural Resources Preservation Board's decision in writing to the Town Council within five (5) days of the Board's decision. D. Town Council shall hear and decide the appeal within forty-five (45) days of the date on which the appeal is filed. Notice of the hearing shall be posted on the property at least ten (10) days prior to the hearing. TITLE 20 PAGE 8 OF 10 FHT. rlvl.4/15/03 ORD.2003.05 TOWN OF MARANA LAND DEVELOPMENT CODE 20.08 Enforcement A. Classification of penalty. 1. Any person, firm corporation, partnership, or association whether as principal, owner, agent, tenant or otherwise who violates, or fails to comply with, any of the provisions of Article 20-02, Protection of Cultural Resources, is subject to a civil sanction. 2. A second or subsequent violation of any of the provisions of Article 20-02, Protection of Cultural Resources, within a two-year period following a finding of responsible to a civil violation of this Article shall be guilty of a class one misdemeanor offense. 3. Each day any violation of any provision of Article 20-02, Protection of Cultural Resources, shall constitute a separate violation. B. Penalties. 1. Upon a finding of responsible to a civil violation, the court shall impose a civil sanction not to exceed one thousand dollars ($1,000.00), or less than two hundred fifty dollars ($250.00). 2. Upon a conviction of a misdemeanor the court may impose a sentence in accordance with the Marana Town Code and state law for class one misdemeanors. 3. Additional remedies and penalties for violation of any section or other part of Article 20-02, Protection of Cultural Resources, are: a. Any person who alters, removes, relocates or demolishes any historic or archaeological resource in violation of this Article shall be required to turn over any such resource, artifact or object to the Town of Marana, and may be • required to restore the archaeological resource to its appearance or setting prior to the violation. Any action to enforce this provision shall be brought by the Town of Marana. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty. b. If any person removes or destroys an archaeological resource in violation of this Article, or removes such a resource from or on publicly-owned land or on a public right- of-way without a permit, then the Marana business license of the company, individual, principal owner or its or his successor in interest initiating (such as the developer or property owner) such removal or destruction, shall be revoked for a period of three (3) years. TITLE 20 PAGE 9OF 10 J FFP.:11 V1,4/15/03 ORD.2003.05 TOWN OF MARANA LAND DEVELOPMENT CODE (BLANK) TITLE 20 PAGE 10 OF 10 1?FFECrivE 4/15/03 ORD.2003.05 Protection of Archaeological Resources Ordinance Scottsdale, AZ 9/2007 In this article: Archaeological resources means any material remains of past human life or activities which are at least fifty (50) years old and of historic or pre-historic significance. Such materials include, but are not limited to petroglyphs, pictographs, paintings, ornaments, jewelry, textiles, ceremonial objects, armaments, vessels, ships, vehicles, human skeletal remains, rock art, pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, water-control devices, pit houses, rock paintings, rock carvings, intaglios, graves, personal items and clothing, household or business refuse, printed matter, manufactured items, or any piece of any of the forgoing items. Archaeological Site means a concentration of archaeological resources inferred to be locations used for past specific human activities. Archaeological Site, Recorded, means an archaeological site in Arizona that has been identified by a qualified archaeologist and has been recorded in a database at the Arizona State Museum and/or the State Historic Preservation Office (SHPO) so that the location is mapped and documentation on the archaeological resources found at the location or collected from the location is available for research use. Archaeological Site, Significant, shall mean archaeological resources determined by the Historic Preservation Officer, Historic Preservation Commission, or a Committee of the Commission, to be significant in the City of Scottsdale when one or more of the city's nine criteria for significance are contained in the archaeological resources on a property, or designated HP District by City Council. Archaeologist, City, shall mean the Qualified Archaeologist appointed by the City Manager to administer the sections of the Zoning Ordinance of the City of Scottsdale relating to archaeological resources. Archaeologist, Qualified, shall mean an individual or firm meeting the Arizona State Museum's standards and professional qualifications. Certificate of Approval shall mean an official form issued by the City stating that the applicant has satisfactorily implemented the approved mitigation plan for a significant archaeological resource. Certificate of No Effect shall mean an official form issued by the City stating that no archaeological resources were identified in the archaeological survey and report, or that the archaeological resources that may be impacted by the proposed work have been determined not to be significant, or that proposed vvor k II IVVIViI g one or more significant archaeological resources or sites will have no detrimental effect on the character of the resources or sites and, therefore, work may proceed as specified in the Certificate without obtaining further authorization under this ordinance, and authorizing the issuance of any permits for said proposed work. Certificate of Economic Hardship shall mean an official form issued by the city whereby the City grants an exemption from the requirement to implement a mitigation plan for reasons of economic hardship. Development shall mean the performance of any building or mining operation, the making of any material change in the use or appearance of any structure or land, the division of land into two (2) or more parcels, and the creation or termination of access rights. "Development" includes, but is not limited to, such activities as the construction, reconstruction, or alteration of the size, or material change in the external appearance of a structure or land; commencement of mining excavation, trenching, or grading; demolition of a structure or removal of vegetation; deposit of refuse, solid waste or fill; alteration of a floodplain, or bank of a watercourse. Development Project shall mean any development resulting from the approval of a building permit, lot split, preliminary or final plat, rezoning application, grading permit, public or private infrastructure improvement, development review, master plans, native plant removal, relocation or re-vegetation, or use permit. Historic Preservation Officer shall mean the person appointed by the City Manager to administer the City's Historic Preservation program and maintain the Scottsdale Historic Register. Preservation Easement shall mean a non-possessory interest in real property, granted to the City pursuant to Arizona Revised Statutes Title 33, Chapter 2, Article 4, Conservation Easements, which imposes limitations or affirmative obligations on the property to preserve the historical, architectural, archaeological, or cultural aspects of the real property. Mitigation Plan shall mean a plan for the preservation, recovery, excavation, archiving, monitoring and/or documentation of one or more significant archaeological resources or sites. Sec. 46-131. Purposes. The purposes of these regulations on archaeological resources are to: A. Assure the identification and preservation of archaeological sites in place, and the recovery of cultural remains when appropriate by requiring surveys and test excavations, and provide methods for emergency treatment of archaeological resources found through unexpected discovery; and B. Promote the preservation of the information provided by archaeological resources, within public or private development where appropriate, through procedures to evaluate sites and mitigate unavoidable information loss by providing for the treatment of those resources and with recovery of those resources where applicable. Sec. 46-132. Surveys of Archaeological Sites and Exemptions. An archaeology survey and report by a qualified archaeologist pursuant to guidelines adopted by the Historic Preservation Commission shall be required for all public or private development projects, unless the development project is included in the exemptions in Section 46-132.A. through D. below. Applicants should complete the survey and report early in the application process so the information can be used to evaluate the impacts of the proposed development on any significant archaeological sites, and so the review of the survey and report does not delay the processing of the application. A. An archaeology survey and report is not required for the following exempt development projects: 1. A private single family residence on a single family lot. 2. A non-residential development with one (1) acre or less ground disturbance activity by the project. This exemption does not apply to a linear project, such as an underground utility installation, greater than one thousand feet (1000') in length, and with above ground or below ground disturbance of greater than two feet (2') in width or depth. 3. Any development project within a land area that has been mapped by the Historic Preservation Commission to be exempt based upon recent research. The Historic Preservation Commission can establish and modify exempt areas based upon available data. 4. Any approved master planned development with a previously completed and approved archaeological survey and report within the last five (5) years. Development Review Board applications in a master planned development can still be required to complete a mitigation plan if a significant archaeological site is impacted by the development. 5. Any existing development project subject to a development or redevelopment agreement that contains specific provisions requiring the identification of archaeological resources in a report and the consideration of archaeological resources. The terms of the agreement shall control the requirements for archaeological resources. B. Section 46-134 on discoveries during construction still applies to any development project exempt from completing an archaeology survey and report. C. An archaeology survey is not required for a development project on previously disturbed land where fifty percent (50%) or more of the land was built upon prior to the current development project. Section 46-134 on discoveries during construction still applies to a development project on previously disturbed land. D. The following approved and pending applications, as of the effective date of Ordinance 3243, and subsequent applications relying on the prior approvals listed are exempt from the archaeology survey and report requirement. Section 46-134 on discoveries during construction still applies to any development project exempt from completing an archaeology survey and report. 1. Building permits. 2. Single family residential lot splits into two or three lots. 3. Development Review Board cases including preliminary plats. This exemption does not apply to requests for extensions beyond the one (1) year time period the Development Review Board approval is valid. 4. Final plats. Sec. 46-133. Review Procedures for Archaeological Resources A. Applicants for development projects are encouraged to pursue HP District designation for archaeological resources determined to be significant. B. No development or ground disturbance shall occur, nor shall any structure or building be built upon land containing archaeological resources until the City issues a Certificate of No Effect or a Certificate of Approval. Certificates are required for property at all development projects whether or not these sites have been designated as HP District or are listed on the Scottsdale Historic Register. C. Archaeological resources are significant in the City of Scottsdale when one or more of the following criteria are present on the property or are contained in the archaeological resources collected from the property: 1. The property represents a period or periods of prehistory or history in Scottsdale more than fifty (50) years old. The property can be evaluated in comparison to similar known sites and compared to what is currently known of Scottsdale and the region's prehistory and history, and/or �nr cn 2. Important information is present on the property, or from artifacts collected from the property, and/or 3. The property has research potential and research questions can be addressed through artifacts found on or collected from the property. The property has contributed important information regarding past human life and culture in Scottsdale and the desert, and/or 4. The property contains a high frequency, density, diversity, or substantial number of archaeological resources, and/or 5. The property's archaeological resources possess integrity that positively affects their significance and the potential for the resources to yield important information, and/or 6. If artifacts have been excavated from the property, the information yielded from the artifacts and excavation has contributed to the knowledge of past cultures or archaeological techniques. and/or 7. The property possesses resources, such as buildings or structures, which can be documented to be architecturally or historically significant in their own right, and/or 8. The archaeological resources on or from the property have been acknowledged by the Historic Preservation Commission or the City Council as resources of particular importance in the history of human activities or settlement in the City of Scottsdale, and/or 9. In cooperation vvith any Native American community, the Historic Preservation Commission or City Council has identified the types of resources on the property as important and significant to the prehistory or history of Native Americans. D. City staff and the Historic Preservation Commission shall use the archaeological survey and report prepared by a qualified archaeologist, and the criteria for significance in this section and section 6.113.A of the Zoning Code of the City of Scottsdale to identify significant archaeological resources. E. Within seven (7) days of submission of an archaeological survey and report the City Archaeologist and/or Historic Preservation Officer shall review the survey and report and shall approve or disapprove the recommendation on the resource's significance, and shall approve a Certificate of No Effect if: 1. No archaeological resources are located on the property according to the archaeological survey and report and based upon the City's review of the report, or 2. The archaeological resources that may be impacted by the proposed work have been determined not to be significant, or J. The proposed development is assessed by staff to IQ‘VrG no impact on significant archaeological resources and/or sites, and the applicant has documented that any significant resources will be protected through the use of preservation techniques acceptable to the City staff, such as, but not limited to, a preservation easement, dedication, site planning or zoning. The Certificate of No Effect means that the project can proceed without obtaining further authorization under this ordinance when other applicable City permits have been approved. F. If a Certificate of No Effect is not approved, a Certificate of Approval shall be required for archaeological resources according to the following procedures: 1. The City Archaeologist and/or Historic Preservation Officer shall review the survey and report and shall approve or disapprove of the recommended significance of archaeological resources impacted by the proposed development. The survey and report can also be returned to the applicant for modifications by a qualified archaeologist if it is found to be incomplete and/or inaccurate by the City Archaeologist and/or Historic Preservation Officer. 2. The Historic Preservation Officer shall require the applicant to have a mitigation plan prepared by a qualified archaeologist and submitted for review when it has been determined that a significant archaeological site exists on the property that is proposed to be impacted by development. 3. The applicant may apply for a Certificate of Economic Hardship if the time and cost of implementing the mitigation plan causes an economic hardship. A Certificate of Economic Hardship may be granted if it is determined that the cost of implementing the mitigation plan is unreasonably disproportionate to the other project costs and/or the time involved in its implementation significantly interferes with the ability to undertake the proposed development project. The Historic Preservation Commission shall review the Certificate of Economic Hardship application for the mitigation plan and shall approve or disapprove the Certificate for Economic Hardship. 4. Review of mitigation plan: a. The City Archaeologist and/or Historic Preservation Officer shall review the mitigation plan and shall approve or disapprove of the recommended mitigation plan within ten (10) days after it is submitted. If the plan is not approved as submitted, staff shall advise the applicant on the changes needed in the mitigation plan for it to be approved. b. The City Archaeologist and Historic Preservation Officer in making a decision on the mitigation plan shall consider methods to avoid, reduce, or mitigate effects on historic and cultural resources, such as a preservation easement, while taking into consideration the current needs of the property owner and reasonable methods for carrying out the recommended plan. c. A Certificate of Approval shall be approved by the City Archaeologist and/or Historic Preservation Officer upon the satisfactory implementation of an approved Mitigation Plan. d. The City Archaeologist and/or Historic Preservation Officer may, at their discretion, send any application for a Certificate of Approval or mitigation plan to the Historic Preservation Commission for a hearing and decision. e. Construction activity on the site can proceed once ail the necessary excavation and collecting of archaeological resources is complete. A final report describing the collection and summarizing the finding is due within one year after receiving a Certificate of Approval. G. Appeals: 1. All appeals of staff determinations of the significance of archaeological sites, Certificates of No Effect, Certificates of Approval and disapproval of mitigation plans shall be made by the applicant within ten (10) days of the decision and shall be appealed to the Historic Preservation Commission. 2. A hearing on appeals regarding archaeological resources and procedures shall be scheduled for the Historic Preservation Commission within fifteen (15) days of the request. The Commission shall hold a hearing and can approve, disapprove, approve with stipulations or remand to the applicant for modifications the significance of archaeological sites, the Certificate of No Effect, the Certificate of Approval or the mitigation plan. 3. The owner or applicant may appeal the Historic Preservation Commission's decision, including a decision on a Certificate of Economic Hardship, in writing to the City Council within twenty (20) days of the Commission's decision. The City Council shall have the right to initiate its own review of any decision of the Historic Preservation Commission by a majority vote of the City Council made within twenty (20) days of the Commission's decision. 4. The City Clerk shall schedule the appeal for a City Council agenda not more than forty (40) nor less than fifteen (15) days following submittal of the appeal. Notice of the hearing shall be mailed by first class mail to the applicant(s) and property owner(s) at least fifteen (15) days prior to the hearing and shall be posted on the property at least fifteen (15) days prior to the hearing. Sec. 46-134. Discoveries of Archaeological Resources During Construction. When a previously unidentified archaeological site is discovered in the course of construction, the property owner immediately shall notify the City Archaeologist or Historic Preservation Officer. The property owner shall have a preliminary study made by a qualified archaeologist to determine the effect that the proposed development project may have on the site. The City Archaeologist and/or Historic Preservation Officer, with concurrence from the qualified archaeologist hired by the property owner, shall evaluate on-site the significance of the archaeological finding as soon as possible. When the Historic Preservation Officer, the qualified archaeologist hired by the property owner and the City Archaeologist concur that no adverse effect on the archaeological site will take place, the project may proud immediately. Where an adverse effect on a significant archaeological site will take place, the project shall be referred to the Historic Preservation Commission at the commission's next regular meeting or a called meeting for review following the same procedure set forth for identified significant archaeological sites. Section 46-135. Cemeteries and Human Remains If human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony are discovered, the state laws established for this purpose will be followed. Section 46-136. Fee Schedule No fee is required for an application for a Certificate of No Effect, a Mitigation Plan, a Certificate of Economic Hardship, or a Certificate of Approval. -\\ Historic Preservation Ordinance 19.C7-7-e0 LACE. Sec. 3.100. GENERAL Archaeological resources means any material remains of past human life or activities which are at least fifty (50) years old and of historic or pre-historic significance. Such materials include, but are not limited to petroglyphs, pictographs, paintings, ornaments, jewelry, textiles, ceremonial objects, armaments, vessels, ships, vehicles, human skeletal remains, rock art, pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, water-control devices, pit houses, rock paintings, rock carvings, intaglios, graves, personal items and clothing, household or business refuse, printed matter, manufactured items, or any piece of any of the forgoing items. Archaeological Site means a concentration of archaeological resources inferred to be locations used for past specific human activities. Archaeological Site, Recorded, means an archaeological site in Arizona that has been identified by a qualified archaeologist and has been recorded in a database at the Arizona State Museum and/or the State Historic Preservation Office (SHPO) so that the location is mapped and documentation on the archaeological resources found at the location or collected from the location is available for research use. Archaeological Site, Significant, shall mean archaeological resources determined by the Historic Preservation Officer, Historic Preservation Commission, or a Committee of the Commission, to be significant in the City of Scottsdale when one or more of the city's nine criteria for significance are contained in the archaeological resources on a property, or designated HP District by City Council. Archaeologist, City, shall mean the Qualified Archaeologist appointed by the City Manager, or designee, to administer the sections of the zoning ordinance of the City of Scottsdale relating to archaeological resources. Archaeologist, Qualified, shall mean an individual or firm meeting the Arizona State Museum's standards and professional qualifications. Building Official shall mean the person, or his designee, authorized to grant permits for construction, alteration, and demolition pursuant to the Construction Code adopted by the City of Scottsdale. Certificate of Appropriateness shall mean an official form issued by the City stating that the proposed work on an historic or archaeological resource is compatible with the historic or archaeological character of the property and, therefore: (1) the proposed work may be completed as specified in the Certificate; and (2) the City's departments may issue any permits needed to do the work specified in the Certificate. Certificate of No Effect shall mean an official form issued by the City stating that proposed work on an historic or archaeological resource will have no detrimental effect on the historic character of the resource and, therefore, may proceed as specified in the Certificate without obtaining further authorization under this ordinance, and authorizing the issuance of any permits for said proposed work. Certificate of Demolition Approval shall mean an official form issued by the City authorizing removal of all or part of a structure which is located within an Historic Property District or an area under application for Historic Property District designation. Certificate of Economic Hardship shall mean an official form issued by the City, in connection with a Certificate of Demolition Approval, demonstrating that a reasonable rate of return cannot be obtained for an income producing property or that no beneficial use exists for a non-income producing property. Construction Code shall mean those codes adopted by the City, including the building code, electrical code, mechanical code, and plumbing code codified in chapter 31 of the Scottsdale Revised Code, which regulate construction in the city and require building permits, electrical permits, plumbing permits and/or other permits to do work regulated by the City of Scottsdale. Demolish shall mean any act or process which removes a building or other structure or any portion thereof. Demolition Permit shall mean a permit issued by the Building Official allowing the permittee to demolish a building or structure. Development Agreement shall mean an agreement made pursuant to A.R.S. 9-500.05. HP or Historic Property District shall mean an historic resource subject to HP (Historic Property) zoning overlay zoning. Historic Designation Report shall mean the written and visual information compiled to demonstrate how and why a Scottsdale resource may be eligible to be placed on the Scottsdale Historic Register and zoned HP District. Historic Preservation Commission shall mean the Historic Preservation Commission appointed by the Scottsdale City Council for the City of Scottsdale. Historic Preservation Officer shall mean the person appointed by the City Manager to administer the Historic Preservation Program and maintain the Scottsdale Historic Register. Historic Preservation Plan shall mean a plan for the preservation of historic resources and landmarks on the Scottsdale Historic Register. Minor work shall mean any change, modification, restoration, rehabilitation, or renovation of the features of an historic resource that does not materially change the historic characteristics of the property and is consistent with the Historic Preservation Plan for the historic resource. Mitigation Plan means a plan for the recovery or protection of discovered archaeological resources. Move shall mean any relocation of a building or structure on its site or to another site. Owner shall mean those individuals, partnerships, corporations, or public agencies holding fee simple title to property, as shown on the records of the Property Records Section of the Maricopa County Assessor's Office Preservation Easement shall mean a non-possessory interest in real property, granted to the City pursuant to Arizona Revised Statutes Title 33, Chapter 2, Article 4, Conservation Easements, which imposes limitations or affirmative obligations on the property to preserve the historical, architectural, archaeological, or cultural aspects of the real property. Replacement/Reuse Plan shall mean a plan for redevelopment of a site within an HP District Scottsdale Historic Register shall mean the list, compiled and kept by the Historic Preservation Officer, of • historic and archaeological resources in the City of Scottsdale which are designated HP District. ARTICLE VI. SUPPLEMENTARY DISTRICTS Sec. 6.100. (HP) HISTORIC PROPERTY. Sec. 6.110. IN GENERAL. Sec. 6.111. Purposes. The (HP) Historic Property zoning overlay district is intended to protect and enhance the cultural, historical, social or archaeological heritage of the City of Scottsdale. The HP District encourages the retention of historic resources by keeping them in active use in their original appearance, setting, and placement. More specifically, the purposes of these historic preservation regulations are to: A. Protect, enhance and preserve improvements and landscape features of historic resources which represent distinctive elements of the city's cultural, educational, social, economic, olitical architectural ectural and archaeological history; B. Safeguard the city's historic, aesthetic and cultural heritage, and encourage cultural Lural heritage tourism at appropriate historic and archaeological sites; C. Foster civic pride in the accomplishments of the past and promoteublic awareness eness of the rich heritage of Scottsdale from all periods of history and prehistory; D. Retain and enhance historic resources and those properties which contribute to the character of an Historic Property District, and encourage their adaptation for current use; E. Assure that alterations of existing structures are compatible with the original structure ucture and character of an historic resource; F. Assure new construction and subdivision of lots in an Historic Property p ty District are compatible with the character of the District; G. Encourage the restoration of historic resources, and protect and enhancero p per ty values through the restoration, preservation and promotion of historic resources; Sec. 6.112. Definitions. In addition to the definitions found in section 3.100 of the zoning ordinance of the City of Scottsdale, and where there is a conflict between definitions, the following definitions apply y to section� 6.x.00 of the zoning ordinance of the City of Scottsdale: Alter or remodel shall mean any architectural, structural, landscaping, electrical, or mechanical change to an historic resource that requires a building permit. Building shall mean a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. The term "building" may refer to an historically related complex such as a courthouse and jail, or a house and barn. District shall mean a geographically definable area, urban or rural, possessing P a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united bypast events or aesthetically by plan or physical development. A district may also comprise individual elements separated p ted geographically but linked by association or history. Historic Property or Historic Resource means any prehistoric or historic district site, building, structure, object, or landmark included in, or eligible for inclusion on, the National Register g of Historic Places, the Arizona Register of Historic Places, or the Scottsdale Historic Register, including artifacts, records,.- .__., anti material remains related to such property or resource. The term includes archaeological g cal resources. Landmark shall mean an historic resource that the City Council designates as 9 possessing exceptional significance. Object shall mean a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. This term may include landscape features. Site shall mean the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location t on itself maintains historical or archeological value regardless of the value of any existing structure. A site may encompass more than one lot or parcel. Structure shall mean any piece of work constructed or erected by humans, and made up of interdependent and interrelated parts in a definite pattern of organization. Sec. 6.113. Criteria. A. Historic Resource: To be eligible for designation as an historic resource and placement on the Scottsdale Historic Register, a district, site, building, structure, or object must be located in Scottsdale and have special historical significance in United States, Arizona or Scottsdale history, architecture, archaeology, engineering, or culture. Fifty (50) years of age is a general estimate of the time necessary for achieving historical significance, but resources younger than 50 years are eligible for designation as an historic property and placement on the Scottsdale Historic Register in appropriate cases. Historical significance is present in buildings, districts, structures, sites, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: 1. That are associated with events that have made a significant contribution to the broad patterns of our history; or 2. That are associated with the lives of persons significant in our past; or 3. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or 4. That have yielded, or may be likely to yield, information important in prehistory or history; and 5. That in addition to having retained their integrity of location, design, setting, materials, workmanship, feeling, and association, possess physical features necessary to convey that significance and are significant within the historic context of the Scottsdale geographic area and chronological periods known to have been associated with the occupation and settlement of Scottsdale by people from all involved cultures. B. Landmarks. To be eligible for designation as a Landmark, a district, site, building, structure or object must meet all the criteria for designation as an historic resource and placement on the Scottsdale Historic Register, and in addition must possess exceptional significance in United States, Arizona or Scottsdale history, archaeology, architecture, engineering, or culture, as determined by the City Council. Such exceptional significance is present in those historic resources which: 1. Contain outstanding or extraordinary examples of an architectural style; and/or 2. Contain or are associated with a major historic event or activity; and/or 3. Are associated with the lives of historically significant persons; and/or 4. Embody distinctive characteristics of a type, period, or method of construction; and/or 5. Represent the work of a master; and/or 6. Contain important, intact archaeological resources; and/or 7. Are of unique visual quality and identification; and/or 8. Are of general historic or cultural recognition by the community. SEC. 6.114. Existing HP Exemption. Properties that were zoned HP Historic Property under the old HP zoning standards, last amended by Ordinance No. 2830, shall be exempt from the new HP District ordinance standards for a period of one (1) year from the effective date of Ordinance No. 3242. This exemption shall only apply to properties zoned HP prior to the effective date of the new HP District standards. A. The properties zoned HP prior to the new standards shall continue to follow all the old HP Historic Property district standards during the one (1) year exemption period. B. At the end of the one (1) year exemption period, all of the HP District standards in Ordinance No. 3242 shall apply to the exempt properties zoned HP under the old standards, provided that the HP District has not been removed by an ordinance adopted by City Council during the exemption period. Sec. 6.115. Use Regulations and Property Development Standards. A. Uses permitted. Any use permitted in the underlying zone. B. Uses permitted by conditional use permit. Any use permitted by conditional use permit in the underlying zone. C. Property Development Standards. The development standards of the underlying zone shall apply in addition to the development requirements imposed by this section on Historic Property. Sec. 6.116. Off-street parking. The provisions of Article IX shall apply. Sec. 6.117. Signs. The sign provisions of Article VIII shall apply. Sec. 6.118. Additional procedures for designating property HP District. An application to designate property as historic is a request for overlay zoning on the property by applying the (HP) Historic Property zoning overlay district to the subject area. All rezoning notice and public hearing requirements of State law and Article I of the zoning ordinance of the City of Scottsdale must be followed for any HP District rezoning in addition to the requirements of this section. The additional procedures for designating property historic and for placement of the property on the Scottsdale Historic Register are as follows: A. Upon receipt of the proper forms, and, where required, payment of the application fee, the Historic •Preservation Officer shall publish notice in a newspaper of general circulation in the City that an application has been filed and will be considered by the Historic Preservation Commission at a public hearing at a specified date, time and place, at which time all persons shall be given the opportunity to be heard. This public hearing notice shall be published not less than 15 days before the hearing and shall describe the location of the property and the nature of the application being considered. B. The Historic Preservation Officer or designee shall conduct a preliminary study of the application and make a recommendation in the Historic Designation Report to the Historic Preservation Commission. C. T he Historic :sto :s Pesevat:on Commission omm:ss:on skll review the application and the Historic istorrc Designation Report,eport, and recommend to the Planning Commission and City Council approval or denial of the application. D. At its public hearing on the request to place HP District overlay zoning on the property, the Planning Commission shall consider the application for HP District designation, the Historic Designation Report, and the recommendation of the Historic Preservation Commission. Notice of the hearing and posting the property shall be in accordance with the law applicable to a zoning map amendment. E. After the Planning Commission has held a public hearing on the proposed zoning map amendment and makes its recommendation, the City Council shall hold a public hearing. The City shall notify the applicant(s) and ovvner(s) of record of the proposed designated property of the date, time, and place of the public hearing, and shall provide notice of the public hearing in accordance with the law applicable to a zoning map amendment. F. The City Council shall approve, approve with modifications, or deny the request for HP District designation and rezoning, and any associated Historic Preservation Plan. In the event further proceedings are deemed necessary, the City Council may remand the application to the Planning Commission and/or- the Historic Preservation Commission. The property owners may file a legal protest in accordance with Section 1.706 of the Zoning Ordinance of the City of Scottsdale. G. If the City Council approves the HP District designation the Historic Preservation Officer shall record the designation in the Scottsdale Historic Register. H. Designation of an Historic Property District shall be followed by City Council adoption of a supplemental zoning map adding the suffix "HP" to the zoning classification of the property. I. The following apply to designation of an historic resource as a Landmark: 1. Scottsdale Landmark designation can occur for a property already within an HP District zoning overlay or in conjunction with HP District designation. 2. As part of the recommendation to City Council for Landmark designation, the Historic Preservation Commission and/or the Planning Commission shall adopt findings documenting the uniqueness and exceptional significance of the subject historic resource. Sec. 6.119. Historic Preservation Plan A. Before or within a reasonable time, as determined by the Historic Preservation Officer, following City Council approval of the HP District designation for an historic resource, the applicant and the Historic Preservation Officer shall prepare an Historic Preservation Plan. Such a plan shall: 1. identify the geographical location of the HP District, and 2. Specify the objectives concerning the development or preservation of buildings, sites, objects, structures and landmarks within the HP District, and 3. Formulate a program for public action including the provision of public facilities and the regulation of private development and demolition necessary to realize these objectives, and 4. Describe any plans for public access and visitation of the property, including any planned participation in a cultural heritage tourism program, and 5. Set forth standards necessary to preserve and maintain the historical character of the historic resource. These standards shall include design guidelines that shall apply only to the exterior features of the historic resource. a. Each Historic Preservation Plan shall include a general set of standards, reflecting the overall character of the HP District, which shall be used by the Historic Preservation Commission and staff to review applications for the certificates required within the HP District. b. When the HP District involves single family residences, the Historic Preservation Plan may include a development agreement and/or a preservation easement. c. Upon approval by the City Council, an Historic Preservation Plan may include a specific set of design guidelines that modify the standards set in the underlying zoning district. If any of these provisions are to be contained in design guidelines for an HP District, the guidelines shall be approved according to the procedures for establishing HP Districts, including the public hearing processes before the Planning Commission and the City Council. In the alternative, this specific set of guidelines may be made part of the ordinance establishing the District and placing overlay HP District zoning on the property. B. The Historic Preservation Plan must be approved by the Historic Preservation Commission, which may approve or modify the plan proposed by the applicant or the Historic Preservation Officer. The plan approved by the Commission is final unless within twenty (20) days of the date of the approval either the City Council initiates review of the plan or the applicant appeals the Historic Preservation Plan to the City Council. The applicant shall file an appeal with the City Clerk and shall include in the appeal request a brief Statement of the grounds of the appeal and the relief requested. C. The City Council shall have the right and prerogative to initiate its own review of any Historic Preservation Plan approved by the Historic Preservation Commission. Such a review must be initiated within twenty (20) days of the Historic Preservation Commission's approval of the Historic Preservation Plan. Notice of such Council-initiated review of any plan approved by the Historic Preservation Commission shall be given to the applicant and the Historic Preservation Officer by the City Clerk within ten (10) days after the Council votes to initiate a review of the Plan. D. The City Clerk shall schedule the appeal for a City Council agenda not more than forty (40) or less than fifteen (15) days following submittal of the appeal. The City Council at its meeting shall uphold, modify, or remand for further consideration the plan approved by the Commission. The decision of the City Council shall be final. Sec. 6.120. DEVELOPMENT OF HISTORIC RESOURCES. Sec. 6.121. Alteration of Historic Resources; Approvals Required. A. No building, permanent sign, or other structure in an HP District shall be erected, demolished, moved, restored, rehabilitated, reconstructed, altered, or changed in exterior appearance, nor shall any historic resource be altered, moved, remodeled, demolished, enlarged or extended contrary to the Historic Preservation Plan for the HP District or historic resource until plans for such activities have been submitted to and approved by the Historic Preservation Officer or the Historic Preservation Commission, and the City has issued a Certificate of No Effect, a Certificate of Appropriateness, or a Certificate of Demolition Approval for the subject property. This requirement is in addition to any other permit or approval required by law. B. Failure to comply with a stipulation, standard, or plan made a part of any of these approvals shall constitute a violation of section 6.100 of the Zoning Ordinance of the City of Scottsdale. An approved plan shall be binding upon the owner/applicant and their successors and assignees. No permit shall be issued for any building or structure not in compliance with the plan, except that temporary facilities shall be permitted in conjunction with construction. No structure or other element specified on the Historic Preservation Plan shall be eliminated, or altered or provided in another manner, unless an amendment is approved in conjunction with the procedures for original approval. C. Maintenance of the historic resource pursuant to the Historic Preservation Plan is required. Ordinary maintenance or repair of any structure in the HP District that does not alter or modify the historic character of the structure will not require a Certificate of No Effect or a Certificate of Appropriateness. Sec. 6.122. Review Process on Applications Requiring a Certificate of No Effect or a Certificate of Appropriateness. A. When a building permit or other permit is sought from the City to alter, remodel, move, build, or otherwise develop or landscape property or archaeological sites in an HP District, issuance of the permit shall be deferred until after a Certificate of No Effect or a Certificate of Appropriateness is obtained from the Historic Preservation Commission. B. In the event work requiring a Certificate of Appropriateness or a Certificate of No Effect is being performed without such a Certificate, the Historic Preservation Officer or other city inspector shall contact the person performing the work and ask that all work cease. If work continues, the Historic Preservation Officer shall ask that a Stop Work Order be issued by the Development Service Director or designee. In the event work is being performed that is not in accordance with a Certificate of Appropriateness issued by the Historic Preservation Commission, the Historic Preservation Officer shall ask that a Stop Work Order be issued by the Building Official. The City may seek an injunction to enforce a Stop Work Order. C. The Development Services Director or designee shall refer requests for permits for property located within an HP District to the Historic Preservation Officer. D. The Historic Preservation Officer or designee shall issue a Certificate of No Effect within seven (7) days after receipt of an application if: 1. It is determined the proposed work is minor and clearly within the adopted Historic Preservation Plan, and 2. Any modifications to the proposed work requested by the Historic Preservation Officer are agreed to by the owner/applicant, and 3. The proposed work will not diminish, eliminate, or adversely affect the historic character of the subject property or the HP District. E. A Certificate of No Effect shall expire and become null and void two (2) years from the date of issuance unless construction work is started within that time. F. If a Certificate of No Effect is not issued, a Certificate of Appropriateness from the Historic Preservation Commission shall be required. G. The review and decision on a Certificate of Appropriateness shall be conducted in the following manner: 1. In cases where Development Review Board approval is necessary in addition to a Certificate of Appropriateness, the Historic Preservation Officer and the Zoning Administrator or their designee shall confer to decide whether the historic aspects or the development review aspects dominate the proposed development, and shall decide whether it is more appropriate for the Historic Preservation Commission or the Development Review Board to consider the proposal. If the case is presented to the Historic Preservation Commission only, the Commission shall have the power to grant or deny Development Review Approval in addition to its ruling on the Certificate of Appropriateness. 2. In all cases to be heard by the Historic Preservation Commission, the Historic Preservation Officer shall review the application for a Certificate of Appropriateness and shill schedule a public hearing .b fore the Commission within thirty (30) days of the filing of an application for a development permit. Notice of the application shall be posted on the property at least ten (10) days before the date set for the public hearing before the Historic Preservation Commission. The Historic Preservation Commission shall review the application in light of the standard set forth below and the evidence presented at the hearing, and shall either grant or deny the Certificate of Appropriateness, grant it with stipulations, or issue a Certificate of No Effect. 3. The standard for evaluating a Certificate of Appropriateness is consistent with the Historic Preservation Plan for the resource. 4. The owner or applicant may appeal the Historic Preservation Commission's decision in writing to the City Council within twenty (20) days of the Commission's decision. 5. The City Council shall have the right to initiate its own review of any decision of the Historic Preservation Commission by a majority vote of the City Council made within twenty (20) days of the Commission's decision. 6. The City Clerk shall schedule the appeal for a City Council agenda not more than forty (40) or less than fifteen (15) days following submittal of the appeal. Notice of the hearing shall be mailed by first class mail to the applicant(s) and property owner(s) at least fifteen (15) days prior to the hearing and shall be posted on the property at least fifteen (15) days prior to the hearing. 7. In the event the initial hearing on an appeal to the City Council is not held within one hundred twenty (120) days of the date the permit application was filed, the Certificate of Appropriateness shall be deemed approved. 8. The City Council may uphold, reverse, or modify the decision of the Historic Preservation Commission. 9. The owner, applicant, or any person aggrieved by the decision of City Council on a Certificate of No Effect or a Certificate of Appropriateness may appeal that decision by filing a special action in Superior Court within thirty (30) days of that decision. 10. No change shall be made in the approved plans of the project after issuance of a Certificate of No Effect or a Certificate of Appropriateness without resubmitting the plans for the project to the Historic Preservation Officer and approval of the change in the same manner as provided above. 11. A Certificate of Appropriateness shall expire and become null and void two (2) years from the date of issuance unless construction work is started within that time. H. If a Certificate of No Effect or a Certificate of Appropriateness is issued, the owner/applicant shall proceed with any Development Review Board application required by the zoning ordinance of the City of Scottsdale. Sec. 6.123. Demolition of Historic Resources A. No demolition permit shall be issued by the City to move or demolish all or any part of a building, structure, object or Landmark in an HP District without a Certificate of Demolition Approval. Requests for a Certificate of Demolition Approval shall be considered in the following manner: 1. Applications for a Certificate of Demolition Approval shall be filed with or referred to the Historic Preservation Officer. If the owner/applicant is using economic hardship to justify the demolition, an application for a Certificate of Economic Hardship shall be filed with the application for a Certificate of Demolition Approval. The Historic Preservation Commission may establish criteria, for certain types of structures or actions, authorizing the Historic Preservation Officer to staff approve an application for a r-PrtifirtP of nr.mnritinn L nnr, ,,i anr-i t-n public hnarinn 2. A Certificate of Demolition Approval shall be issued if the Building Official has determined that the structure, building or object is an imminent hazard to public safety and that repairs would be impractical. 3. The Historic Preservation Officer shall review the application for a Certificate of Demolition Approval and, if applicable, a Certificate for Economic Hardship, and shall schedule a public hearing before the Historic Preservation Commission within thirty (30) days of the application(s). Notice of the hearing shall be posted on the property at least ten (10) days before the hearing. Notice of the hearing shall be mailed by first class mail to the owner/applicant(s) at least ten (10) days prior to the hearing. 4. The Historic Preservation Commission shall conduct a public hearing and shall make a determination whether a Certificate of Demolition Approval should be approved and a demolition permit should be issued. The criteria used to make this determination shall be: a. The structure, building, or object is of no historic or architectural value or significance and does not contribute to the historic value of the resource; or b. Loss of the structure, building or object would not adversely affect the integrity of the HP District or the historic, architectural, or aesthetic relationship to adjacent properties, and its demolition is inconsequential to historic preservation needs of the area; or c. The Commission has determined that a Certificate of Economic Hardship should be granted for the historic resource based upon the owner/applicant clearly demonstrating this hardship. 5. A Certificate of Demolition Approval may be conditioned on stipulations that provide for rights of access to the property for the City or its designee for purposes of documentation or for agreed upon removal of artifacts. Additionally, the Historic Preservation Commission may stipulate that the owner/applicant supplement the approved Historic Preservation Plan for the historic resource with additional documentation prior to approval of demolition. B. The decision of the Historic Preservation Commission to grant or deny demolition approval shall be final unless the owner/applicant appeals in writing within twenty (20) days of the decision, or a majority of the City Council initiates its own review of the decision within twenty (20) days of that decision. C. The City Clerk shall schedule any such appeal for a City Council agenda, not more than forty (40) or less than fifteen (15) days following submittal of the appeal. Notice of the hearing shall be mailed by first class mail to the applicant(s) and property owner(s) at least fifteen (15) days prior to the hearing and shall be posted on the property at least fifteen (15) days prior to the hearing. The City Council shall review the application in light of economic hardship, the subject property's lack of historic or architectural value and significance, alone or as part of an HP District, and the evidence presented at the hearing. The City Council shall either grant, grant with conditions, or deny the Certificate of Demolition Approval. D. In the event the initial hearing on an appeal to the City Council is not held within one hundred twenty (120) days of the date the appeal was filed, the application for a Certificate of Demolition Approval shall be deemed approved. E. If an application for a Certificate of Demolition Approval of any historic resource is denied, no Certificate of Demolition Approval or demolition permit shall be issued for a period of one year from the date on which the Historic Preservation Commission denied the application. F. Upon denial of a Certificate of Demolition Approval by the Historic Preservation Commission, the Historic Preservation Officer shall contact the property owner to determine what available assistance might be feasible to place the property into productive use. If a feasible rehabilitation or use is not found for the property the Historic Preservation Officer and Historic Preservation Commission shall investigate with the property owner methods of private or public acquisition of the property. G. For properties designated Landmarks, the restraint of demolition is presumptively a minimum of two (2) years from the date on which the application was denied by the Historic Preservation Commission. Review upon request by the owner may be made after one year. Procedures shall be as follows: one year after the denial of a demolition approval, if no feasible use or ownership is found for the Landmark, the owner may request that the Historic Preservation Commission issue a waiver of all or a part of the balance of the restraint of demolition H. If a Certificate of Demolition Approval is granted on any basis other than that of an imminent hazard to public safety or economic hardship, or is denied and the restraint of demolition under the above provisions has expired, the Historic Preservation Officer shall not issue a Certificate of Demolition Approval and the Building Official shall not issue a demolition permit until a Replacement/Reuse Plan for the property has been filed with the Historic Preservation Officer. The plan may be filed at any time following denial of the application for a Certificate of Demolition Approval and shall be in compliance with existing zoning, the General Plan, and any adopted Neighborhood or Character Area Plan, and the Historic Preservation Plan applicable to the property. Vacant land or non-use shall not be considered responsive to this requirement. 1. The requirement for filing a Replacement/Reuse Plan shall be waived by the Historic Preservation Officer if, following demolition, no historic feature will remain in the HP District and upon a finding that such a requirement is unnecessary to assure compatibility with other resources designated historic in the vicinity. 2. The Historic Preservation Officer shall make a decision on a request for a waiver of the Replacement/Reuse Plan requirement within thirty (30) days of receipt of the request. 3. The owner/applicant may appeal the decision of the Historic Preservation Officer within twenty (20) days of the action. The Historic Preservation Commission shall conduct a public hearing on the appeal. Notice of the hearing shall be posted on the property at least fifteen (15) days prior to the hearing. 4. The Commission's decision shall be final unless appealed by the owner/applicant in writing within twenty (20) days following the hearing. If a waiver is approved, the Commission shall, upon demolition or removal of the structure, building, or object, initiate an application to remove the HP District designation from the property. I. Any new development on the property shall be in conformance with the replacement/reuse Plan submitted in conjunction with the Certificate of Demolition Approval. Any changes from the plan shall require a Certificate of Appropriateness. J. A Certificate of Demolition Approval shall expire and become null and void one (1) year from the date of issuance unless demolition is started within that time Sec. 6.124. Stay of Demolition Pending Consideration of Application for Designation. A. No demolition permit shall be issued by the City-for a resource that is located within an area of an application for HP District between such time as the application is filed with the City and the time action is taken on the application by the City Council, unless a Certificate of Demolition Approval is issued by the Historic Preservation Commission or the City Council. B. The following procedures are hereby established for the review of proposed demolition of property which is part of or located in areas where an application for HP District designation is pending: 1. All owner/applicant requests for a demolition permit for property that is part of a pending application for HP District designation will be referred to the Historic Preservation Officer. The Historic Preservation Officer shall inform the owner/applicant that they must apply for a Certificate of Demolition Approval. The Historic Preservation Commission may establish criteria, for certain types of structures or actions, authorizing the Historic Preservation Officer to staff approve an application for a Certificate of Demolition Approval and to waive a public hearing. 2. The Historic Preservation Officer shall review the application for a Certificate of Demolition Approval and shall schedule a public hearing of the Historic Preservation Commission within sixty (60) days following the filing of the Certificate of Demolition Approval application. Notice of the hearing shall be posted on the • property at least thirty (30) days before the hearing. Notice of the hearing shall be mailed by first class mail to the applicant(s) and property owner(s) at least fifteen (15) days prior to the hearing. 3. At the public hearing, the Commission shall issue a Certificate of Demolition Approval only if the owner/applicant demonstrates: a. That the building, structure or addition is of minimal historic significance because of its location, condition, modifications, or other factors, and its demolition is inconsequential to the historic preservation needs of the area; or b. That the denial of a Certificate of Demolition Approval and a demolition permit will result in an economic hardship to the property owner as discussed in a section 6.135; or c. That the building has been determined by the Building Official to be an imminent hazard to the public safety and that repairs would be impractical. 4. The Commission's decision shall be final unless appealed by the owner/applicant in writing within twenty (20) days following the decision. The City Council shall have the right to initiate its own review of a decision of the Historic Preservation Commission to grant or deny demolition approval by a majority vote of the City Council made within twenty (20) days following the decision. If appealed the City Clerk shall schedule the appeal for a City Council agenda, not more than forty (40) or less than fifteen (15) days following submittal of the appeal. Notice of the hearing shall be mailed by first class mail to the owner/applicant(s) and at least fifteen (15) days prior to the hearing and shall be posted on the property at least fifteen (15) days prior to the hearing. C. In the event a Certificate of Demolition Approval is denied, no permit for demolition shall be issued for one (1) year from the date of the Historic Preservation Commission's initial hearing on the subject property, except if HP District zoning has not been placed on the property at the expiration of the one (1) year from the date the application was filed, the Historic Preservation Officer shall issue a Certificate of Demolition Approval for the subject property. D. At the time of adoption of HP District zoning, the temporary restraint of demolition and any stays of demolition in effect shall expire. Demolition approvals at that time shall be regulated by section 6.123 pertaining specifically to the process of demolition approval in an HP District. E. A Certificate of Demolition Approval may be conditioned on stipulations that provide for rights of access to the property for the purposes of documentation or for agreed upon removal of artifacts. Additionally the Historic Preservation Officer may stipulate that the owner/applicant provide an approved Historic Designation Report of the structure including photographs and other relevant information to the Historic Preservation Commission prior to approval of demolition. F. A Certificate of Demolition Approval shall expire and become null and void one (1) year from the date of issuance unless demolition is started within that time. Sec. 6.125. Certificate of Economic Hardship. A. Separate standards for obtaining a Certificate of Economic Hardship are established for investment or income producing and non-income producing properties: 1. Economic hardship for a non-income producing property shall be found when the property owner demonstrates that the property has no beneficial use as a single-family dwelling or for an institutional use in its present condition or if rehabilitated. 2. Economic hardship for an income producing property shall be found when the property owner demonstrates that a reasonable rate of return cannot be obtained from the resource if it retains its historic features, buildings, or structures in either its present condition or if it is rehabilitated. B. Owners seeking a Certificate of Economic Hardship must provide sufficient information, as determined by the Historic Preservation Officer, to support the application for the Certificate. Demonstration of an economic hardship shall not be based on or include any of the following circumstances: 1. Willful or negligent acts by the owner; 2. Purchase of the property for substantially more than market value; 3. Failure to perform normal maintenance and repairs; 4. Failure to diligently solicit and retain tenants; 5. Failure to provide normal tenant improvements. C. The Commission may require an owner/applicant who has received a recommendation for a Certificate of Economic Hardship to complete the following prior to being granted a Certificate of Demolition Approval: 1. Documentation of the sites, buildings, structures, or objects which are intended to be demolished 2. Preparation of a salvage strategy for reuse of the building materials deemed valuable by the Historic Preservation Commission for other preservation and restoration activities. D. A Certificate of Demolition Approval may be conditioned on stipulations that provide for rights of access to the property for the purposes of documentation or for agreed upon removal of artifacts. E. A Certificate of Demolition approval shall expire and become null and void one (1) year from the date of issuance unless demolition is started within that time. v ,,' > O ,� of c m , . c o :::;) d U vi p O N Ti a N ° m rn '2 h L W O!,Y ` m O 47 O V N E N N tU 3O m ` cc N (OW aV m'_p > VC Q T(p okco (n .> W 0 H ° 0~ m n'N -Sy' Q g�°o�.c cc Z o Uvd fo Va° O o E E j co c � p,a) R c a� m c as 1 Z m a E c oli- g o .?..A. 3 > m Hm y • N 7 m a rn i m m o i, J ,F9'. -7) o' U I o 2 c 81 m �' 7 , (n i m j o E m m `6 R O O C 2 E a U cv_°c m n m m c 7 E m 0i. -J m g 0 m rn. 4 o>v ' E gom m ai m 1-(9 m c-2 o 2 U oi OC oL L mVE cci" .i: - ° mNOvm § a ,_ U 'T, ',2' 8 OO OmII m C m mC m8 1 7 mcy ca Q i U 11>-57 O 74 UV mi OB Xtii Uj ` Cat; 0°Ae A ° v �' m o m mc— ONrO' 2 ac NC> U d wdm O OO ° am2 3.,- SI o E fla O cE L, `° nvc -5, QaO; Cc oa inEOm iL O> mU = h-QN « = . o c a s EL '2 '.y. c CBCII 7C „ ` CUmmpO Umm wa g c43 t ° 4`hm o ca,oFto,c is mv' mm oEE 0 o mat c c E m, "$ a a a a0 . 2 . 1- 1, o gm o QE37Oow v w a Qom- (0 0 2 �i E cia civ.---,- Q N U R C m V O ` O 47 ~ p v► 7 t o R m u s > v di H c_ o ccv m m li 7 m5 ti6 mm t 'z,li- tE C m Q: p _� V m m 7 ip m j m ° Q►o_ 2 N 5..g a m v 0> > 0 o a c m p c° v o v R a U 8 yr m >o > �' E cs c > O Qv 3 m ►- C Y. C N t0 tf 71, C • m m m . N m v v U iii V b p> O e. Nc --5, % h v► E., d. m mc mN l ig Eic Q mHca i Om o -E c o = 88 5:- m FL,' 0, c W,0 C U N�•_ h v •- i0 C x C ° C '5_9-60 W ''';'(%) 7 m m m 6543 ~ U to v a ° m o Q E� N co ti o0 m v fxQ iii, m Q'm i t • • • 2F09Pm 1:12 TN ORO V1LLEVOLUNTEER rLPOIN MENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Pease note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Cern s' �3c��^ce .��,00{I North La Ca;ada Drive,Oro Valley,Arizona 85737. � Name r b oo ---- La.st__..�_.__.___. First Middle AddressV -737 Street --- ---� City Number of Year i►. 0-o Valley (Must be a resident of the Town for 1 year.) Signature A .oirat►.%/A Date t� ,. r 1 Please indicate the board or commission you wish to join: t1-2,k(c- Phe C et—/a_ {ovl66114 Yllk5m,c! 00 C t ) Please list your volunteer services in Oro valley and with other organizations including any boards or commissions on which you have served: (board/commission,civic, educational,cultural,social.etc.) _ 0� K c+Z v1�l ve-s 5v CIra.`Ft _f �2 ? -�K-5 /1-.12_36 7ictT(c)✓i 1 ke..- __ evR-to✓l, 5 -- -- How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue onsidered at a meeting of the Board or Commission for which you are applying. , �? ►v' «vtce, wOie- vtb ovt, 130a(2-17, a4Ap ✓h wt, ,a1, tO2vJ71 IA-6 er)vvce rpfucr- 0-f----& 00,ip • I-Lctce,- a - A oC Have you attended the Citizens Planning Institute? Are you willing to attend? Briefly describe your educational/vocational background. 0(),)tAt—g_ j e(4,0115 1,047(t4 --+ IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovallev.com 4/18/06 ;!,. C.;))1Pz.,„:-.,`,,, '?,k.-,..,'..';','-,: .17.4 MAY 2 ' 3't1 1 TN 4,..,.L.,- -:-..>.,.;,„. -,,,,.:.-:!„--.,,,. ORO VALLEY_ VOLUNTEER APPOINTMENT:i MENT AP PLCA TION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference. Information reflecting the procedures surrounding the appointment process to Boards is also attached. Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name H-annoo CC( Last First Middle r73 Address / ,0 d_O VAiley 1/-- Y -7 Street City State Zip b-21- Home Plone ` --/ Phoae /" ✓ E7dil Number of Year i r 0.o Valley (Must be a resident of the Town for 1 year.) Signature A .sirAPOPAPIi .14,40(4, -: Date e• / " et7 (t ) Please indicate the board or commission you wish to join: i"-Ft 1-2,,k(c__ P-- C-'- � �t/� r o 6604�l �( 044 Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served: (board commission,civjc,educational,culturalical-\ social.etc.) _ 7'vG., onJ e--)C c� tis5v Cfa. -Tc ad Piciy2_K-5 J6 PAfO .'te---- eA,L. V RA 0 IA 5 ..._1___k . (- How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue/considered at a meeting of the Board or Commission for which you arc applying. , �K «v�C�, l�l�d� �-t✓t�, �►� 'Ejd� ✓�wt,� �,�AYLOAPC12-SirmAPifrk6 ',2-71-1(x-c. --141.(--fp 0-f-oe-o-ip . FWeL___,,w-{-0 12 t -e eov hac e - \--\-- ---1-041 ------,---L____Rize&_ , Have you attended the Citizens Planning Institute? .e..-/-7___ Are you willing-to attend? • Briefly describe your educational/vocational background. ___7\vtf\ 0 +-e./X -zUlli )Vk. 11')1/ 11-- l 6-6 Iticur te41- IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 4/18/06 AGENDA Oro Valley Historic Preservation Commission Special Session Monday, June 8, 2009 Town of Oro Valley Council Chambers 11000 N. La Canada Drive I. Call to Order: at or after 5:00 p.m. II. Roll Call III. Discussion and possible action regarding Environmentally Sensitive Lands Ordinance a. Review of cultural resource ordinances and reference materials b. Cultural resource definitions c. Cultural resource criteria IV. Announcements V. Adjourn POSTED: 06 04 09 2:30 p.m. ejk The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at (520)229-4700. "Notice of Possible Quorum of the Oro Valley Town Council, Boards, Commissions and Committees: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town code, a majority of the Town Council, Historic Preservation Commission, Development Review Board, Planning & Zoning Commission and Parks and Recreation Advisory Board may attend this meeting as a member of the audience only."