Ordinance Number 283ORDINANCE NO. 283
ESTABLISHING A CULTURAL HERITAGE COMMISSION
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CREATING AND ESTABLISHING POWERS AND
RESPONSIBILITIES FOR A CULTURAL HERITAGE COMMISSION
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
DOES ORDAIN AS FOLLOWS:
SECTION 1: Purpose. The City Council of the City
of San Juan Capistrano finds and determines that the history
and culture of the City are unique and should be preserved.
It does, accordingly, hereby crealea CULTURAL HERITAGE COMMIS-
SION to be constituted as hereinafter set forth.
SECTION 2: Membership. The Cultural Heritage
Commission shall be composed of seven (7) members, at least
five (5) of whom shall be residents of San Juan Capistrano.
A quorum of this Commission shall consist of any three (3)
members, all of whom shall be residents of San Juan Capistrano.
Each member shall be appointed by and serve at the pleasure of
the City Council. Nothing herein contained shall, however,
prohibit the reappointment of members to successive terms.
SECTION 3. Organization. The Commission shall,
upon its organization, adopt bylaws and rules and regulations
providing for the election of officers, the time and place of
its meetings, and the establishment of procedures for the
performance of the duties, responsibilities and functions here-
inafter set forth. Such bylaws and rules and regulations shall
be submitted to the City Council for approval.
SECTION 4: Duties, Functions, and Responsibilities.
The Cultural Heritage Commission shall undertake and have the
following duties, responsibilities, and functions together with
the powers incidental thereto:
Generally, to act in an advisory capacity to
the City Council, the Planning Commission, Park
and Recreation Commission, City Staff and any
other groups which the City Council might
designate in all matters pertaining to the
culture, heritage, and history of the City of
San Juan Capistrano.
b. To compile, keep and maintain a list of all
sites, structures, persons, and events and land-
marks which have cultural or historical signifi-
cance or importance. This list shall be sub-
mitted to the City Council for its review. The
Commission shall also notify the owner of any
item on the list of the requirements of Sections 5 and
6 of this Ordinance.
C. To implement and administer studies and plans
relating to matters of historical, cultural,
paleontological or archaeological significance
and to make recommendations on the designation
and creation of historical, cultural, paleonto-
logical or archaeological districts.
d. To recommend to the City Council an annual budget
including financing of the activities of this
commission and capital projects designed to pro-
tect the Cultural Heritage of the community and
to investigate the availability of funding
programs through state and federal agencies.
SECTION 5: Permit Application Procedures. It shall
be unlawful for any person to demolish, remove, relocate, or
alter any building, structure or site, including trees and other
landscaping, which are listed in the inventory of historical and
cultural items referred to in Section 4b of this Ordinance, or
which are located adjacent thereto. Accordingly, any person
desiring to demolish, remove, relocate or alter any such items,
shall first apply to the City Clerk for a permit therefor. The
Clerk shall, within ten (10) days, submit the application to the
Cultural Heritage Commission which shall render a decision there-
on within thirty (30) days after the date of the application.
SECTION 6. Appeal and Review Procedures. The afore-
said decision of the Cultural Heritage Commission may be appealed
by the applicant, or any other person who is directly affected
thereby, to the City Council within ten (10) days. Appellant
shall file his notice of appeal, together with a fee to be set
by Resolution of the City Council, with the City Clerk, who
shall place the matter on the agenda of the City Council's next
regularly scheduled meeting. The City Council shall hear and
consider the appeal de novo and its decision shall be final.
Nothing contained herein shall, moreover, prohibit the City
Council from reviewing any action of the Commission, at any time.
SECTION 7: Effective Date. This Ordinance shall
take effect and be in full force thirty (30) days after its
passage; prior to the expiration of fifteen (15) days after
passage, it shall be published once in a newspaper of general
circulation in the City of San Juan Capistrano.
pt��r-APPROVED AND ADOPTED this 8th day of January
1975, at a[✓reg'u Yameeting of the City Council of the City of San
Juan Capistrano, by the following vote, to wit:
AYES: COUNCILMEN: SWEENEY, WEATHERS, NASH, HECKSCHER
AND MAYOR BYRNES
NOES: NONE
ABSENT: NONE
ROY L% RHES, M.D., MAYOR
City of n Juan Capistrano
ATTEST:
4;7L�
Y C
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San
Juan Capistrano, California, DO HEREBY CERTIFY that the fore-
going is a true and correct copy of Ordinance No. 283, adopted
by the City Council of the City of San Juan Capistrano, at an adjourned
regular meeting thereof held on the 8th day of January , 1975.
(SEAL)
CITY CLEIjI
-2-