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CITY.OF SAN BER.RDINO - REQUEST .R COUNCIL ACTION
From:
. . _'. '\iL nfH~s~oric Structure Demolition
Al Boughey, DJ.rector REC Q. ..r&iu,,"CY. 6rdJ.nance
,.. r-" 4' !'"'Q
Planning & Building Servicq~2 JAN2MaYbr'a~d Common Council Meeting
February 3, 1992
Dept:
Date:
January 23, 1992
Synopsis of Previous Council action:
November 18, 1991 - The Mayor and Common Council approved the Historic
Structure Demolition Ordinance and it was laid over for final adoption.
December 2, 1991 - The Mayor and Common Council tabled the Historic
Structure Demolition Ordinance for 30 days.
January 6, 1992 - The Mayor and Common Council continued the
Ordinance so that staff and Economic Development Agency could develop
options for simplifying the review process for demolition permit
applications.
Recommended motion:
That the Mayor and Co~~on Council continue this item to March 16,
1992 to enable staff to complete a detailed proposal outlining
options and recommendations.
dZ B~. JU:
J Signature
Al Boughey
Contact person:
Al Boughey
Phone:
384-5357
Supporting data attached:
None
Ward:
Citywide
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtionl
Finance:
Council Notes:
7"_0?6?
Aaenda Item No. 33
CITY OF SAN BERN4DINO - REQUEST F. COUNCIL ACTION
STAFF REPORT
SUBJECT
Historic structure Demolition Ordinance
Mayor and Common council Meeting of
February 3, 1992
REOUEST
Staff is requesting that the Mayor and Common council continue this
item until March 16, 1992. At that time, staff will bring forward
a detailed proposal which will include options and recommendations
for the Mayor and Common council's consideration.
BACKGROUND
On November 18, 1991, the Mayor and Common council approved the
Historic structure Demolition Ordinance and it was laid over for
final adoption. During the second readit:\g of the ordinance on
December 2, 1991, the Mayor and Common Council decided to table-
the item for 30 days so that staff could work with the Economic
Development Agency CEDA) determine methods for simplifying the
review process for Demolition Permit Applications. Due to time
limitations, staff and the EDA were unable to meet and discuss the
issues during December 1991. As a result, staff requested that the
item be continued from January 6, 1992 to February 3, 1992.
On Friday, January 17, 1992, the Planning Division and EDA staff
discussed several issues relating to the application process,
processing time frames and staff constraints. Also discussed were
issues related generally to the development of the Historic
Preservation Program and its implementation. The result is that
staff has tentatively identified some options for changing the
application process. However, further evaluation of these options
would enable staff to prepare a more detailed proposal with options
and recommendations for the Mayor and Common Council's
consideration.
RECOMMENDATION
Staff recommends that the Mayor and Common council continue this
item to March 16, 1992 to enable staff to prepare a detailed
proposal outlining options and recommendations for changing the
review process for Demolition Permit Applications.
Prepared by:
Deborah Woldruff, Associate Planner
for Al Boughey, Director
Planning and Building Services Department
.0264
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ORDINAlfCE NO. "C
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE: ESTABLISHING NEW
POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT
3 APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES AND
4 PROVIDING FOR CONTINUATION OF THE HISTORIC PRESERVATION TASK FORCE.
5 The Mayor and Common Council of the City of San Bernardino
do ordain as follows:
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7 Municipal Code is amended to read as follows:
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SECTION 1.
Chapter 15.37 of the San Bernardino
"CHAPTER 15.37
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HISTORIC STRUCTURE DEMOLITION ORDINANCE
15.37.010
F i ndi nas and PurDose.
The Mayor and Common
Council find and declare:
A. The City of San Bernardino General Plan. adopted on June
2. 1989, includes an Historical and Archaeological
Resources Element which provides a basis for historic
preservation in the City of San Bernardino.
B. An Historic Preservation Ordinance is required to be
completed as part of the development of the Historic
Preservation Program.
This ordinance will include a
section on demolitions.
C. Several buildings of historical value have already been
demolished. including the Municipal Auditorium. Antlers
Hotel, Carnegie Library and Atwood Adobe and many others
which were an irreplaceable part of our heritage.
D. On December 18. 1989, the Urgency Historic Structure
Demolition Ordinance (MC-694) was adopted.
MC-694
provided for the establishment of the Historic
Preservation Task Force and for the review of Demolition
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Permit applications
structures.
E. Prior to the adoption of MC-694, the City had no
provision for the review of Demolition Permit
applications for potentially historic buildings or
structures.
F. For clarification, it is
provisions for the review
applications for potentially
structures.
G. By imposing the requirements of the amended Historic
Structure Demol i tion Ordinance, the City will have a
provision which facilitates a more efficient and
effective method of review for Demolition Permit
applications while the Historic Preservation Program is
beinq completed.
for
buildings
pre-1941
and
necessary to amend the
of Demoll tion Permit
historic buildinqs and
15.32.020 Definitions. For the purpose of carrying out the
intent of this Chapter. the words, phrases and terms set forth
herein shall be deemed to have the meaning ascribed to them in this
Chapter.
Building -
Any structure having a roof and wall s built
and maintained to shelter human activity or
property.
Demolition - To destroy any bUildinq or structure so that
it is no longer standing or functional.
Historic Resource Evaluation Report. a report
that evaluates the historical significance of
Report -
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1 a resource based upon established criteria.
2 Resource - A buildinq or structure as defined in this
3 Chapter.
4 Structure - A structure is a work made up of independent
5 and interrelated parts that performs a primary
6 function unrelated to human shelter.
7 Survey - Historic Resources Reconnaissance Survey
8 (Volumes 1-5 and Attachments. April 30. 1991
9 and all subsequent revisions). a citywide
10 survey of buildings and structures constructed
11 prior to December 31. 1941 which provides
12 baseline information reqarding the types and
13 locations of resources, approximate
14 construction dates, representative
15 architectural styles, construction materials,
16 and contextual historical themes.
17 Task Force - The Historic Preservation Task Force, a
18 committee appointed by the Mayor and Common
19 Council to oversee the Historic Preservation
20 Program and ordinance and to review all
21 Demolition Permit applications that require
22 their review in accordance with the provisions
23 of this Chapter.
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25 15.37.025 Historic Preservation Task Force. The Historic
26 Preservation Task Force (Task Force) was established by MC-694 and
27 the Task Force members were appointed by the Mayor with the
28 concurrence of the Common Council. Under the provisions of this
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1 Chapter, the Task Force shall continue to oversee the Historic
2 Preservation Proqram and Ordinance, review specified Demolition
3 Permit applications and perform other duties as established by the
4 Mayor and Common Council. This Task Force shall exist until the
5 Mayor and Common Council determine that it is no lonqer needed.
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7 15.37.035 Demolition Prohibited. No building or structure
8 fifty (50) years old or older shall be demolished unless a valid
9 Demolition Permit has been issued in accordance with this Chapter.
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11 15.37.040 Danaerous Buildinas Exempted. The demolition of
12 any building or structure fifty (50l years old or older shall be
13 exempt from the provisions of this Chapter if findinqs have been
14 made by the Board of Building Commissioners pursuant to the
15 provisions of Chapter 8.30, Public Nuisances and Chapter 15.28,
16 Danqerous Buildinqs, of the Municipal Code. In such instances, the
17 building or structure is exempt from the provisions of this Code
18 and a Demolition Permit may be issued.
19 If the Buildinq Official makes a finding that a building is
20 dangerous pursuant to summary abatement procedures of Chapter 15.28
21 of the Municipal Code, the buildinq is exempt from the provisions
22 of this Code and a Demolition Permit may be issued.
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24 15.37.045 Evaluation Thresholds and Reauirements.
25 Buildings and structures fifty (50l years old or older shall be
26 evaluated to determine historical significance in accordance with
27 the followinq thresholds and requirements which are based upon the
28 Historic Resources Reconnaissance Survey (Volumes 1-5 and
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1 Attachments, April 30. 1991 and all subsequent revisions),
2 A. A Historic Resource Evaluation Report (Report) shall be
3 required for any resource identified on a modified
California Department of Parks and Recreation (DPR) 523 Form
(Volume 3. Appendix B, Resource List and DPR Forms) or
located within an area identified as being potentially
eligible for Historic District designation and listed as a
contributing resource (Volume 3, Appendix C, Historic
Distr icts and Over lay Zones. Items 1. through 4.). Any
resource located in a new area identified by the Mayor and
Common Council as being potentially eligible for Historic
District designation and listed as a contributing resource
shall also be subject to the provisions of this subsection.
A Historic Resource Evaluation Report may be required for
any resource listed on the Tabular List and located within
the boundaries of an area identified in the Survey as being
potentially eligible for Historic Overlay Zone designation
(Volume 3, Appendix C, Historic Districts and Overlay Zones,
Items 5. through 13.). Using the criteria established in
Section 15.37.055 of this Chapter, the Director of Planning
and Building Services shall evaluate demolition permit
appl ications for these resources to determine the
requirement for a Report. Any resource located in a new
area identified by the Mayor and Common Council as being
potentially eligible for Historic Overlay Zone designation
shall also be subject to the provisions of this subsection.
Demolition Permit applications for buildings and structures
which are listed only on the Tabular List or not included in
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the Survey shall not require a Report unless the Task Force
determines that further study is required based upon new,
histor ical or cultural information not contained in the
Survey.
When required, Historic Resource Evaluation Reports shall be
prepared in accordance with Section 15.37.050 of this Chapter.
At reqular intervals (as determined by the Task Force and
prior to the expiration of the appeal period after a determination
is made), the Task Force shall be notified in wr i tinq of all
determinations made in accordance with thresholds B. and C.
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15.37.050 Historic Resource Evaluation Report. A Historic
Resource Evaluation Report required as a submittal for a Demolition
Permit application shall contain the following elements:
A. Purpose and Scope
B. Methods of Evaluation: Field and Archival
C. Location and Setting
D. Architectural Description of the Resource
E. Historical Backqround
F. Statement of Significance
G. Alternatives to Demolition
Relocation, Rehabilitation,
Reuse)
H. Conclusions
I. Recommendations
J. Mitiqation
K. Archival Documentation (Appendices)
( such as
Restoration
Retention,
and Adaptive
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The Statement of Significance element (Item F. above) shall
be made using the cr iter ia listed in Section 15.37.055 of this
Chapter and the National Register criteria for evaluation and shall
include a discussion of the related historical contextual themes.
The archival documentation (Item K. above) of the resource
shall include a completed DPR 523 Form and archival quality photo
documentation. This information shall be included as an appendix
to the Report.
Preparation and submittal of the Report shall be the
responsibility of the applicant. All Reports shall be prepared by
consultants who ~eet the professional qualification standards for
the field of Historic Preservation as described in the Federal
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of
Historical
Criteria
for
Determination
15.37.055
Sianificance.
1. The building or structure has character, interest or
value as a part of the heritage of the City of San
Bernardino; or,
2. The location of the building or structure is the site of
a significant historic event; or,
3. The building or structure is identified with a person(s)
or group(s) who significantly contributed to the culture
and development of the City of San Bernardino; or,
4. The building or structure exemplifies a particular
architectural style or way of life important to the City;
or,
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5. The buildinq or structure exemplifies the best remaininq
architectural type in a neiqhborhood; or,
6. The buildinq or structure is identified as the work of a
person whose work has influenced the heritaqe of the
City, the State or the United States; or,
7. The buildinq or structure reflects outstandinq attention
to architectural desiqn, detail, materials or
craftsmanship, or,
B. The buildinq or structure is related to landmarks or
historic districts and its preservation is essential to
the inteqrity of the landmark or historic district; or,
9. The unique location or sinqular physical characteristics
of the buildinq or structure represent an established and
familiar feature of a neiqhborhood; or,
10. The buildinq. structure or site has the potential to
yield historical or archaeoloqical information.
15.37.060 Review Process.
1. The Environmental Review Committee (ERC) Review - An
Initial Study (pursuant to the California Environmental
Quality Act) shall be prepared for a Demolition Permit
application when a Historical Resource Evaluation Report
is required in accordance with Section 15.37.045,
Subsections A.- C. of this Chapter. The Report shall be
included as an attachment to the Initial Study.
The Initial Study shall be reviewed by the ERC for
an environmental determination. Followinq the ERC
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1 review, the application shall be reviewed by the Task
2 Force.
3 2. The Task Force Review - The Task Force shall review a
4 Demolition Permit application to determine the historical
5 significance of the resource based upon the criteria set
6 forth in Section 15.37.055 of this Chapter. The Task
7 Force may also consider the National Register criteria
8 for evaluation. Based upon the criteria in Section
9 15.37.055, the Task Force may stay the issuance of the
10 Demolition Permit for a period of up to ninety (90) days.
11 During this time, the Task Force shall pursue methods of
12 retention through rehabilitation, relocation and/or reuse
13 or other alternatives to demolition.
14 The Task Force shall take action to grant or deny
15 the Demolition Permit within the stay period specified.
16 If the Task Force approves the Demolition Permit
17 application. the Demolition Permit may be issued in
18 accordance with the Task Force action and followinq
19 compliance with the provisions of this Chapter and all
20 other City requirements.
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22 15.37.070 Appeals. Any person may appeal the decisions
23 pursuant to this Chapter of the Director of Planning and Buildinq
24 Services to the Task Force. Decisions of the Task Force pursuant
25 to this Chapter may be appealed to the Mayor and Common Council.
26 An appeal must be submitted in writing with the required
27 appeal fee (if applicable) to the Planning and Buildinq Services
28 Department within fifteen (15) days following the final date of the
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1 action for which an appeal is made. The written appeal shall
2 include the reason(s) why the potential resource should be exempt
3 from or subject to the provisions of this ordinance.
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5 15.37.075 Inconsistent Provisions. Any section of the
6 Municipal Code or amendments thereto inconsistent with the
7 provisions of this ordinance to the extent of such inconsistencies
8 and no further is hereby superseded or modified by this ordinance
9 to the extent necessary to effectuate the provisions of this
10 ordinance.
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12 15.37.080 Severability. If any section, subsection,
13 sentence, clause or phrase or any portion of this ordinance is for
14 any reason declared invalid or unconstitutional, such decision
15 shall not affect the validity of the remaining portions of the
16 ordinance. The Mayor and Common Council, hereby, declare that it
17 would have adopted this ordinance and each and every section,
18 subsection, sentence, clause or portion thereof irrespective of the
19 fact that phrase, or any portion thereof would be subsequently
20 declared invalid or unconstitutional.
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22 15.37.085 Penalty. Any person, firm or corporation,
23 whether as principal, agent, employee, or otherwise, violating or
24 causing the violation of any of the provisions of this Chapter is
25 guilty of a misdemeanor, which upon conviction thereof is
26 punishable in accordance with the provisions of Section 1.12.010 of
27 this Code in addition to any other civil or administrative
28 remedies.
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1 15.37.090 Fees. Upon submittal of a Demolition Permit
2 application to the Planning and Building Services Department. the
3 applicant shall pay all applicable Planning Division fees as
4 adopted by the Mayor and Common Council for an Initial Study and
5 for the Historic Preservation Task Force review. The applicant
6 shall pay all required Building Safety Division fees as adopted by
7 the Mayor and Common Council prior to issuance of a Demolition
8 Permit."
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ORDINANCE...ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF
DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS
AND STRUCTURES AND PROVIDING FOR CONTINUATION OF THE HISTORIC
PRESERVATION TASK FORCE.
I HEREBY CERTIFY that the foregoing ordinance was dul y
adopted by Mayor and Common Council of the City of San Bernardino
meeting thereof, held on the
day of
at a
, 1991 by the following vote, to wit:
ABSTAIN
ABSENT
Council Members
AYES
NAYS
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
12 MINOR
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POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day of
, 1991.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
~
B. <-4J
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