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CI" OF SAN BERNARDF - Ri!QU.T FOR COUNCIL AC"'N
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.From: Larry E. Reed Subject:
Director of Planning and Building
Dept: Planning
Date: December 18, 1989
Urgency Historic Structure
Demolition Ordinance
Hayor and Council ~'!eeting of
December 18, 1989, 2:00 p.m.
Synopsis of Previous Council action:
On June 2, 1989, the Mayor and Common Council adopted the General
Plan with an Historic Preservation Element.
Recommended motion:
That the Mayor and Common Council adopt the Urgency Historic
Structure Demolition Ordinance.
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Signature
Contact person: Larry E. Reed
Phone: 384-5057
Ward: City-wide
Supporting data attached: Staff Report
FUNDING REQUIREMENTS:
Amount: N / A
Source: (Acct. No.)
(Acct. Description)
Finance:
I
Council Notes:
75-0262
Agenda Item No. 6~
qJY OF SAN BERNAR",O - REQuesT FOR COUNCIL A~ON
STAFF REPORT
Subject: Urgency Historic structure Demolition Ordinance
Mayor and Council Meeting of December 18, 1989
REOUEST
Planning staff is
council adopt the
lition Ordinance.
requesting that
Interim Urgency
the Mayor and Common
Historic Structure Demo-
BACKGROUND
On June 2, 1989, the Mayor and Council adopted the General
Plan with the inclusion of an Historic Preservation Element.
As required by said Element, an Historic Preservation
Program, and ordinance will outline procedure for the review
of Building Permit applications for demolition of potentially
historic buildings and structures. An integral part of
program development will include an inventory of all such
buildings.
Currently, the procedure for reviewing Building Permit
applications for demolition has no provision for buildings
and structures having potential historical value. Several
buildings of historical value have already been demolished.
These include the Municipal AUditorium, Antlers Hotel,
Carnegie Library, Atwood Adobe, and many others which were an
irreplaceable part of our history. Other such buildings may
be demolished prior to completion of the Historic
Preservation Program. Therefore, it is necessary to
establish an interim review procedure in order to determine
and document the significance of a structure and whether
demolition is appropriate before such building or structure
is demolished.
The Historic Preservation Element requires also that an
Historic Preservation Commission be appointed by the Mayor to
oversee the Historic Preservation Program. until the
Commission is appointed, a Task Force having guasi-judicial
powers will oversee the initial development phase of the
Program.
Staff has prepared and attached a draft of the ordinance (See
Exhibit 1). On November 22, 1989, the Legislative Review
Committee reviewed the draft ordinance and recommended
adoption by the Common Council.
This item must be heard on the Council's Supplemental
because potentially historic buildings or structures
demolished before the next regular Council meeting.
Agenda
may be
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL
The Mayor and Common Council may adopt or deny the ordinance
or continue the item to the next regular agenda meeting.
75-0264
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URGENCY HISTORIC STRUCTURE DEMOLITION ORDINANCE
. MAYOR AND COUNCIL MEETING OF DECEMBER 18, 1989
PAGE 2
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the
Interim Urgency Historic Structure Demolition Ordinance.
Prepared by:
Deborah Woldruff, Planner II
for Larry E. Reed, Director of Planning and
Building
Draft Interim Urgency Historic Structure Demo-
lition Ordinance
Exhibit A-
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M&CCAGENDA:HISTORICDEMO
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I AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 15.37 TO THE SAN BERNARDINO MUNICIPAL CODE;
ESTABLISHING POLICIES AND PROCEDURES FOR REVIEW OF BUILDING
PERMIT APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS OR
I STRUCTURES AND ESTABLISHING AN HISTORIC PRESERVATION TASK
I FORCE.
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ORDINANCE NO.
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The Mayor and Common Council
of the City of San Bernar-
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Idino do ordain as follows:
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SECTION 1. Chapter 15.37 is added to the San Bernardino
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Municipal Code to read as follows:
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"CHAPTER 15.37
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INTERIM URGENCY HISTORIC STRUCTURE DEMOLITION ORDINANCE
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Findinqs and Purpose.
The Mayor and
15.37.010
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Common Council find and declare:
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A.
The City of San Bernardino General Plan adopted on
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June 2, 1989 includes an Historical and Archaeo-
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logical Resources Element which provides a basis
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for
historic preservation in the City of San
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Bernardino.
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B.
An Historic Preservation Ordinance is required to
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be completed within 18 months of adoption. This
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ordinance will include a section on demolitions.
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C. The city has a procedure for review of building
permit applications for demolition. However, there
is no review procedure for such applications which
deal with structures or buildings that are poten-
tially historic.
D. Several buildings of historical value have already
been demolished.
These
include the Municipal
AUditorium, Antlers Hotel, Carnegie Library and
Atwood
Adobe and many others which were
an
irreplaceable part of our heritage.
E. It is, therefore, necessary to establish an interim
procedure to review building permit applications
for demolition of potentially historic structures
constructed prior to
1941.
The review shall
determine significance of a building or structure
and whether demolition is appropriate.
Without
such a review of building permit applications for
demolition, other historic buildings or structures
may be destroyed without any determination of
significance or documentation.
F. By imposing the requirements of the Interim Urgency
Historic Structure Demolition Ordinance, the City
will have a procedure for reviewing building permit
applications for demolition while the Historic
Preservation Program is being completed.
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G. This ordinance imposes standards on an urgency
basis and is necesary to protect against a current
and immediate threat to the pUblic's health, safety
and welfare for the reasons stated above. The
demolition of potentially historic buildings or
structures under
City's
the
current
zoning
ordinances, would result in a threat to public
health, safety, or welfare.
15.32.020
Effective Date.
shall
This ordinance
become effective upon the date of adoption.
15.32.030 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 -
Means any structure having a roof and
walls built
and maintained
for the
support, shelter or enclosure of persons,
animals, chattels or property of any
kind.
Demolition -
To cause to be destroyed any building or
structures so that it
is no longer
standing.
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structure -
Means anything constructed or built, any
edifice or building of any kind, or any
piece of work artificially built up or
composed of parts joined together in some
definite manner, which requires location
on the ground or is attached to something
having a location on the ground.
Task Force -
The Historic Preservation Task Force, a
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temporary
committee
appointed
the
by
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I 15.37.035 Historic Preservation Task Force
This ordinance hereby establishes a Historic
!preservation Task Force whose members shall be appointed by
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ithe Mayor
Task Force shall oversee the
Mayor
to
oversee the Historic Preserva-
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tion Program and ordinance and review all
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applications for demolition.
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with the concurrence of the Common Council.
This
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Historic Preservation Program
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and Ordinance and review all applications for demolition of
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buildings or structures constructed prior to 1941 and other
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duties as established by the Mayor and Common Council. This
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Task Force shall
exist until a Historic Preservation
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commission is established by the Mayor and Common Council.
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15.37.040
Demolition Prohibited
No building or
structure constructed prior to 1941 shall be demolished
unless a valid Building Permit for Demolition has been
issued in accordance with this chapter.
15.37.050 Public Nuisance Exempted
The demolition
of any structure constructed prior to 1941 shall be exempt
from the provisions of this chapter if a finding of public
nuisance has been made by an official of the Building and
Safety Department pursuant to the provisions of Chapters
8.30 or 15. 28.
In such instances, an applicant may be
issued a Building Permit for Demolition with the permission
of the Director of Planning and Building.
15.37.060
Procedure
The following outlines the
procedure
for review
of demolition
applications for
buildings or structures constructed prior to 1941:
1. An application for Building Permit for Demolition
shall be submitted to the Department of Building
and Safety and referred to the Planning Department
and shall include the year built, as closely as
determined, a clear color photograph (minimum size
3 1/2" x 5"), and any documentation on the history
of the house.
Planning Department shall
The
prepare an Historic
Preservation Report using
available documentation of the history of the
building or structure, to be presented to the Task
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Force.
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A state Historic Resources Inventory shall
also be completed.
2. The application will be reviewed for completeness
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by the Building and Safety Department and shall be
referred to the Planning Department to be scheduled
for review by the Environmental Review Committee
and the Task Force within 30 days of application.
The applicant shall be notified in writing 10 days
prior to the review.
3 .
The Task
Force shall review the
application
Building Permit for Demolition and the Historic
Preservation Report. The review shall include the
determination of significance of the building or
structure based upon the criteria set forth in
Section 15.37.070 of this ordinance as well as
alternatives to demolition.
Alternatives
may
include rehabilitation, relocation and reuse.
The Task Force shall make two findings based upon
the criteria established in this ordinance in order
to deny any Building Permit Application for Demo-
lition. The mandatory findings are:
(al The building or structure meets anyone of the
criteria listed in section 15.37.070 of this
ordinance.
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(b) The building or structure can be relocated.
If a building or structure does not meet finding
(a), the Building Permit Application for Demolition
may be issued if all other legal requirements are
complied with. If the building or structure meets
one of the criteria in section 15.37.070, but
cannot be relocated due to structural integrity of
the building or site conditions, a permit may be
issued
after
the
provisions
of
Section
15.37.060(1) and are other legal requirements are
complied with.
If the Task Force makes the two findings, it may
stay the issuance of a Building Permit Application
for Demolition for 90 days. During this time the
Task Force must determine significance of the
building or structure based upon the criteria set
forth in Section 15.37.070 of this ordinance, and
methods
of
retention through
rehabilitation,
relocation and/or reuse or other alternatives to
demolition.
5.
The Task
Force
shall make a decision on the
Building Permit
Application for Demolition within
the 90 day stay of issuance.
6. Anyone may appeal any decision of the Task Force to
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the Planning Commission provided a written
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appeal
is submitted to the Planning Department within ten
(10) days of the Task Force action.
Decisions of
the Planning commission may be appealed to the
Mayor and Council by submitting a written appeal to
the City Clerk within ten (10) days of the Planning
Commission action.
If no timely appeal is sub-
mitted, the action of the Task Force or the
Planning commission is final.
15.37.070
criteria for Determination of Historical
Siqnificance.
1. The building or structure has character, interest
or value as a part of the heritage of the City of
San Bernardino.
2. The location of the building or structure is the
site of a significant historic event.
3. The building or structure is identified with a
person or persons or groups who significantly
contributed to the culture and development of the
City of San Bernardino.
4. The building or structure exemplifies a particular
architectural style or way of life important to the
City.
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5. The building or structure exemplifies the best
remaining architectural type in a neighborhood.
6. The building or structure is identified as the work
of a person whose work has influenced the heritage
of the City, the state or the United States.
7. The building or structure reflects outstanding
attention to architectural design, detail, mater-
ials or craftsmanship.
8. The building or structure is related to landmarks
or historic districts and its preservation is
essential to the integrity of the landmark or
historic district.
9. The unique location or singular physical character-
istics of the building or structure represent an
established and familiar feature of a neighborhood.
10. The building, structure or site has the potential
,I to yield historical or archaeological information.
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I 15.37.080 Documentation. If an historically signifi-
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icant building or structure cannot be saved for any reason, a
Icomplete written and photo documentation of archival quality
IOf the building or structure shall be done by the applicant
and shall be submitted to the Planning Department prior to
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the issuance of a demolition permit.
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15.37.090 Inconsistent provisions
Any section of the
Municipal Code or amendments thereto inconsistent with the
such
II ::::::::::nc::s t::: no or::::::: i:o h:::byex::::rs::ed
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i! modified by this ordinance to that extent necessary
;:
, effectuate the provisions of this ordinance.
or
to
15.37.100 Severabilitv. If any section, subsection,
sentence, clause or phrase or any portion of this ordinance
I is
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declared invalid
or unconstitutional,
for any reason
decision
shall
not
affect
the validity of the
such
remaining portions
of the ordinance.
The Mayor and Common
Council, hereby, declare that it would have adopted this
ordinance and each and every section, subsection, sentence,
clause or portion thereof irrespective of the fact that
phrase, or any portion thereof would be subsequently
declared invalid or unconstitutional.
15.37.110 Penaltv
Any person, firm or corporation,
whether as principal,
agent, employee, or otherwise,
violating or causing the violation of any of the provisions
of this Chapter is guilty of a misdemeanor, which upon
conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code in addition to
any other civil or administrative remedies.
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15.37.120 Fees
Upon submittal of a Building Permit
Application for Demolition to the Planning and Building
Department, the applicant shall pay a filing fee in accord-
ance
with Resolution
No. 88-1536 or any subsequent
modifications to that resolution. The applicant also shall
pay a fee for an Initial Study as required by the
California Environmental Quality Act (CEQAl, in accordance
with Resolution No. 88-305 or any subsequent modifications
to that resolution."
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AN URGENCY OAllNANCE OF TH~ITY OF SAN BERNARDINO~
ADDING CHAPTER 15.37 TO THE SAN BERNARDINO MUNICIPAL CODE;
ESTABLISHING POLICIES AND PROCEDURES FOR REVIEW OF BUILDING
PERMIT APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS OR
STRUCTURES AND ESTABLISHING AN HISTORIC PRESERVATION TASK
FORCE.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
1989, by the following
vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved and becomes
effective this
day of
, 1989.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James P. Penman
City Attorney
By:
J "'
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mkf/12/14/89
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