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HomeMy WebLinkAbout51-Planning and Building CITY OF SAN BERhARDINO - REQUEST ~R COUNCIL ACTION From: Al Boughey, Director SU~Kt:Historic Building Demolition Ordinance De~: Planning & Building Services Date: July 10, 1992 Mayor and Common Council Meeting July 20, 1992 Synopsis of Previous Council action: May 4, 1992, the Mayor and Common Council continued the ordinance to the June 1, 1992 Council meeting. June 1, 1992, the Mayor and Con~on Council continued this item to the June '15, 1992 Council meeting. June 15, 1992, the Mayor and Common Council continued this item to the July 20, 1992 Council meeting. Recommended motion: That Planning Staff be directed to prepare an ordinance to be brought back for the August 17, 1992 Mayor and Common Council meeting. Al Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) lAcct. Description) Finance: Council Notes: 75.0262 Agenda Item No ,5/ -- o o SUBJBCT Historic Building Demolition Ordinance Amendment\ (ORDDEM No. 91-02) Mayor and Common Council Meeting of July 20, 1992 DOUBST This City initiated amendment to Municipal Code Chapter 15.37 (Urgency Historic structure Demolition Ordinance, MC-694) is to facilitate changes to the review process for Demolition Permit Applications for buildings and structures fifty years old and older. BACltGROUlfD This item was continued from the May 4, 1992 Mayor and Common Council to the June 1, 1992 Council meeting. It was then continued to the June 15, 1992 Council meeting and again continued to the July 20,. 1992. Based upon concerns expressed during preceding Council meetings, staff proposes to revise the draft ordinance to incorporate the following elements: Establish specific mandatory timeframes for review and decisions on Demolition Permit Applications. There is uncertainty on the part of applicants as to how long the review process will take. A complete Application must have an environmental determination within 30 days and scheduled for the Planning Commission at the first available meeting following the public review period required by the California Environmental Quality Act. Likewise, the Planning Commission review must be completed within 30 days of the first public hearing or the Application will be forwarded to the Mayor and Common Council; Modify the elements required for Historic Resource Evaluation Reports. Some of the items may not be necessary for a determination of historic significance; and, Include a provision for the notification of the Historic Preservation Task Force of Demolition Permit Applications so that they can make recommendations to the Planning Commission regarding the historic significance of resources and the approval or denial of applications. - 00 Historic Building Demolition Ordinance Amendment Mayor and Common Council Meeting of July 20, 1992 Page 2 MAYOR AND CODON COUNCIL OPTIONS 1. The Mayor and Common Council may direct staff to prepare the draft ordinance as proposed. 2. The Mayor and Common Council may direct staff to prepare the draft ordinance with additional or other modifications. RECOMMENDATION Staff recommends that the Mayor and Common Council direct staff to prepare the draft ordinance and bring it back to the August 17, 1992 Mayor and Common Council Meeting. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Department -ciTY OF SAN BER"RDINO - REQUES1 ~R COUNCIL ACTION From: Al Boughey, Director Subject: Historic Building Demolition Ordinance Dept: Planning and Building Services Date: April 16, 1992 Mayor and Common Council Meeting May 4, 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 the Economic Development Agency could develop options for simplifying the review process for demolition permit applications. February 3, 1992 - The Mayor and Common Council continued this item so that staff could prepare a detailed proposal to change the process for demolition permit applications. March 16, 1992 - The Mayor and Common Council directed staff to change the review process as proposed, prepare an ordinance and return to the May 4, 1992 Council Meeting. Recommended motion: That the hearing be closed, that the Negative Declaration be adopted and that further reading of the ordinance be waived and that said ordinance be laid over for final adoption. ture Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: councilNotes:~fA."u, ,5./1"",,3 JJ.~8 Aaenda Item NO..i1IIa CITY'OF SAN BE~ARDINO - REQUES,OOR COUNCIL ACTION STAFF REPORT SUBJECT Historic Building Demolition Ordinance Amendment (ORD DEM No. 91-02) Mayor and Common council Meeting of May 4, 1992 REOUEST This city initiated amendment to Municipal Code Chapter 15.37 (urgency Historic structure Demolition ordinance, MC-694) is to facilitate changes to the review process for Demolition permit Applications for buildings and structures fifty years old and older. BACKGROUND On November 18, 1991, the Mayor and Common Council approved the proposed Historic structure Demolition Ordinance and it was laid over for final adoption. During the second reading 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 (EDA) to 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 February 3, 1992, staff again requested that the item be continued. The Mayor and Common council granted staff's reqUest with a continuance of six weeks which provided staff the opportunity to prepare a more detailed proposal. staff's new proposal was presented to the Mayor and Common council on March 16, 1992 at which time the item was continued and staff was directed to change the review process and prepare an ordinance for the May 4, 1992 Council Meeting. PRESENTATION OF THE PROPOSED CHANGES TO THE HISTORIC PRESERVATION TASK FORCE On March 25, 1992, staff presented the proposal to the Historic Preservation Task Force. The Task Force discussed the proposal at length and requested that they be provided copies of the draft Staff Report and to the Mayor and Common Council and the draft ordinance for discussion at their meeting of April 22, 1992. 75-026. ,..". -, V .....I Historic Building Demolition Ordinance Amendment Mayor and Common Council Meeting of May 4, 1992 Page 2 COMMENTS RECEIVED On March 31, 1992, staff received comments from Dr. James MUlvihill, AICP, Member of the Historic Preservation Task Force. Dr. Mulvihill's comments are contained in Attachment 2, this report. Dr. Mulvihill is concerned with several aspects of staff's proposal to change the review process for Demolition Permit Applications. He has reservations with the reassignment of the review duties to the planning commission. He emphasizes in his letter that historic preservation is a serious task that employs very extensive policies and that "significance" is sometimes open to interpretation. Dr. Mulvihill feels that the Task Force has the experience necessary for making determinations of historical significance. staff recognizes that the Task Force is experienced in historic preservation. For this reason, we would like to use the Task Force more actively in the development of the Historic Preservation Program. The Task Force would still be involved in the review process but as an advisory body rather than as the principal review authority. In this way, their experience could be more fully utilized. Since the adoption of the urgency Historic structure Demolition Ordinance (MC-694), the emphasis on program development has shifted almost solely to the review of Demolition Permit Applications. This has occurred primarily because of budgetary and staff constraints. The result is that program development is at a standstill. There are several benefits associated with establishing the planning commission as the review authority for Demolition Permit Applications. As stated, the Task Force will be able to concentrate its efforts on program development. The Planning commission is an established review body that is well versed in dealing with sensitive environmental issues such as historic preservation. Because of the broad range of projects that the Commission reviews, Demolition Permit Applications will receive a more balanced review. In addition, applications will be mainstreamed into the Planning process and thus be provided more expeditious processing since the planning Commission meets twice a month. Dr. Mulvihill is concerned that staff is relying too heavily on the Historic Resources Reconnaissance survey in developing the Evaluation Thresholds that are contained in the draft ordinance. Staff agrees with Dr. Mulvihill's assertion that the survey is not ".--... -.........., - ....,I Historic Building Demolition Ordinance Amendment Mayor and Common Council Meeting of May 4, 1992 Page 3 an exhaustive study and that a more intensive survey should be done as a necessary part of an ongoing historic preservation program. However, the survey does provide baseline information that can be used to establish review thresholds. Prior to formalizing the Evaluation Thresholds, staff conferred with the Jan Wooley of the California Office of Historic Preservation and with Wayne Donaldson of Milford Wayne Donaldson, A.I.A., Inc. (The Historic Resources Reconnaissance survey was done by the firm referenced). Both Ms. Wooley and Mr. Donaldson felt that the survey information reasonably could be used to establish review thresholds that would provide a more functional review process. However, both stressed that an intensive survey would contain more indepth information on specified resources which in turn, helps to validate a Historic preservation Program by providing credibility. PROPOSED HISTORIC BUILDING DEMOLITION ORDINANCE As stated, staff presented a proposal to change the review process for Demolition Permit Applications for buildings and structures fifty years old and older at the March 16, 1992 Council Meeting. A copy of the Staff Report prepared for that meeting is attached (Attachment 1). The proposed changes are incorporated in the draft Historic Building Demolition Ordinance (Attachment 3). MAYOR AND COMMON COUNCIL OPTIONS 1. The Mayor and Common Council may adopt the ordinance. 2. The Mayor and Common Council may direct staff to make further changes. 3. The Mayor and Common Council may deny the ordinance. . I"'" ..--. "'-' ......J Historic Building Demolition Ordinance Amendment Mayor and Common Council Meeting of May 4, 1992 paqe 4 RECOMMENDATION Staff recommends that the Mayor and Common Council adopt the Negative Declaration and approve the Historic Building Demolition Ordinance. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Department Attachment 1: Staff Report to the Mayor and Common Council (March 16, 1992) Attachment 2. Comments from Dr. James Mulvihill (March 31, 1992) Attachment 3. Initial study Exhibit A - Draft Historic Building Demolition Ordinance (Not inclUded) Attachment 4. Historic Building Demolition Ordinance C2~Y OF SAN BQ(~RbINO - REQUE~Q ~:-")R COUNC2L AC7:JO " . . Subject: H~storic S~~~ctures Demolition O=~inance .,.~ From: Al Bct:ghey, Director Dept: Planning.. 3uilding Services Mayor and Common Council Meeting March 16, 1992 Dau: March 8, 1992 Synopsis of Previous Council action: November 18, 1991 - The Mayor" and Common Counc~l approved ~~e Historic S~=ucture Demolition Ordinance and it was laid over fer final adop~ion. December 2, 1991 - The Mayor and Common Council tabled ~"le :!istoric St=uctu; Demolition Ordinance for 30 days. January 6, 1992 The Mayor and Common Council continued ~"le Ordinance so that staff and the Economic Development Age~cy could deve:op options for simplifying the review process for d~~ition permit applications. Febr~ary 3, 1992 _ The Mayor and Common Council continued t.~is item so t.'1at staff could prepare a detailed proposal to change the process for demolition permit applications. Recommended motion: That the Mayor and COllllllOn Council direct staff to change the review process , proposed, prepare an ordinance and return to the May 4, 1992 Council Meeting . gnatunl ~ Contact penon: Al Bouqhev Phone: 384-5357 Supporting data ,otW1ed: None Ward: Ci to_ide FUNDING REQUIREMENTS: Amount: H/A Source: IAcct. No.1 I Acct. Oescriotion) Finance: Council Nous: 7s..o2.2 Agenaa item No Attachment 1 2~ CIT'{ OF SAN B~CH'::IDINO - REQUESQ(- R COUNC2L ACTJOI STAFF REPORT ~ SUB..n.:CT Proposed Changes to the Review Process for Demolition Permit Applications Mayor and Common c~uncil Meeting of March 16, 1992 REOUEST staff is requesting that the Mayor and Common Council consider the recommendation outlined in this staff Report and direct staff to chanqe the proposed ordinance accordingly. BACKGROUND On November 18, 1991, the Mayor and Common Council approved the proposed Historic structure Demolition Ordinance and it was laid over for final adoption. Durinq the second reading 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 Aqency (EllA) to determine methods for simplifyinq the review process for Demolition Permit Applications. Due to time limitations, staff and the EllA 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 February 3, 1992, staff again requested that this item be continued. The Mayor and Common Council granted staff's request with a continuance of six weeks which provided staff the opportunity to prepare a more detailed proposal. The proposed ordinance was prepared because of problems that were identified in ~e existing Urqency Historic structure Demolition ordinance (MC-694) . Those problems made the processinq of Demolition Permit Applications difficult and cumbersome. MC-694, which would have been repealed by the adoption of the proposed ordinance, is still in effect. PROPOSE!) CHANGES TO THE REVIEW PROCESS During joint ::eetings between the Planning Division and EDA, staff members discussed a nUJllber of issues relating to the application process, processing time frames and staff constraints. As a result 75aOZ~ r.( ......., . ......,. / '. --..I \ . > ~ ~: proposed c~anqes ~o ~he Revie~ P=ocess for n..01i~ioD Per.=i~ Applica~ioDS . Kayar and CODIlIlOD council. llee~q of llarch 16, 1992 Page 2 ., ..~ '. . of those discussions, some very specific 'chanqes are proposed. The changes, which should simp1ify the review process for Demolition Per.:U.~ Applications, are as follows: . . , l.. .. :;;~ 2. (. 3. The Planning Commission woul.! assUlae the proje~ review duties. of the His~oric Preservation Task Force for Demolition Per:ni~ Applications. The Task overseeing Proqram. Force responsibilities would be the development of the Historic directed a~ Preservation Based upon infor.nation, thresholds. the Historic Resources Reconnaissance Survey a new ordinance would establish evaluation (See Attac:hlllent 2, Evaluation T:1resholds) 4. Using the Evaluation Thresholds, sta~f would identi~y the 1evel of evaluation (bistoricaJ. review) required to determine the historical. signficance of resources proposed for dem01ition. sta~f decisions relating to Evaluation Thresholds B. and c. coul.d be appeaJ.ed to the planning Camlission. Threshold A coul.d no~ be app~ed. (S_ Atta..t....ent 2) 5 6. The Planninq Co-i ....ion would approve or deny l)emolitioD permit App1ications based upon infoJ:lllAtian presented. The Planning co-i..sioc would have the option to forward a recOllllllendation tor further study to the Mayor and Common Council when a permi~ is denied due to a finding of historica1 significance. 8. 1)eCisions ot the Plar.ninq Commission could be appeal.ed to the Jlayor and Common Co1mCll. 7. .~ An al.ternative to l:t_ 1. and 2. would be the appointment of a Historic Preservation ecn-i..sion. However, there are certain disadvantages to ':his al.ternative relating to time constraints. The appoint::1ent of a Historic Preservation COlIIIIli.ssion would involve a lenqthy process and new C""""i ssioners would require some time for orientation and training. Providing the necessary staffinq for a new commission would be difficult based on the =ent budget and statt constraints. c ( , ~ , , .. ...... proposed c~anqes ~o the ~eview Process for n..o~ition pe:=it Applications xayor and Common Counci~ xeetiDg of Karch 16, 1992 Page 3 '. :~ The estab~ishment of the planning CQ1:IIIIissicn as the. review aut.'1ority tor Demolition per.:dt Applications ..,ouJ.d be advantageous tor a number of reasons. One is that the ?l~~L~g commission is already established and does not require additional sta::tinq. Since the planninq Commission revie'",,;s lar.d use issues and deve~opment proposals and the related envircn:ental documents, it would provide a more balanced review tor Demolition per:nit Applications. The ?lanning Commission is experienced in historic review because it is the review authority ..,hen Demolition per:nit Applications are processed concur=ently with other types ot development applications. Xn accorclance with the urqency Historic Structure Demolition ordinance CMC-694) , the Hist::lric Preservation Task Force was established to oversee and quide the development of the Historic Preservation P.."",..~. The Task Force review of Demolition Permit Applications was to have been an interia duty. Upon completion of the Historic Preservation ProqraJl, the Task Force was to have been replaced by a ltistoric Preservation CoIIIIIIi.ssion. This has not occu=ed because of staff contraints and a shift in Depart::llent priorities resultinq from the current budget situation. For consistency 1 the Task Force should continue in its role of guiding the development of the Historic Preservation Pl;..."...~. The. Evaluation Thresholds referred to in xtem 3. would be based upon infor:l&tion contained in the Historic Resources Reconnaissance surrey (Survey), which was completed in Kay 1991. As indicated, the Survey was completed at the reconnaissance level and does not provide ir.~epth information on inc1ividual resources or areas of the city. J:~ does identi~, however, the City's buildinqs and structures that are fifty years old or ol~ and provides baseline infor:aation concerning the types and locations of resources, representa':ive architectural styles, construction materials and contextual themes. The survey also specifies individual resources that exhibit potential historical signilicance, areas eliqible for HistoricaL District and overlay Zone designation and areas requirinq tut'.u-e survey consideration. A draft of the Evaluation Thresholds CA. through c.) is at-..ached (see Attachment 2).. Xtem 4. indicates that as a result of establishing the Evaluation Thrasholds, staff's role would be stren~ened. This is essential for streamlining the review process because it ..,ill allow projects to move forward. ...,: . - . c y.' ~ .;:. ..- Proposed ~&Dqes to the ~evi.w ~rocess far l)amo~i.UOJl P8%2it App1icatioJlS ..yor aDd co_n COWlciJ. Heating o~ Jlarch 1&, 1"2 paqe 4 . . " l:t_ s. is straightfor.rard and req'~ires li1:-..1e description. The resources descr~ed by Threshold A have been identified in the Survey as having potential h.istcrical siqni~icance to a qreater deqree than do ather resources contained in the Survey. It follows then that if thesa resources are proposed for demolition, a ful.l' historical review should ';)e required to evaluate any environmental impacts resulting fram their loss. In addition, alternatives to del:l01ition should be evaJ.uated for resources that may be important to the City. As indicated by l:t_ 6., the Planning Commission would approve or deny Dem01ition Permit Applications based upon information contained in a Staff Report. The Staff Report would include an Initial study a recommendation reqardinq an environmenta1 deter.:ination fram the Environmental ~eview Committee. !'01J.owinq denial. of a permit, the P1anning CQmm; ssion would have the option to forward recommendations for further study to the Kayor and Co_ Council. (It_ 7.). Ev-"'Ples o~ .further study. wou1d . be EnvL.ooonmenta1 l:mpact Reports or fiscal analysis studies that require fundinq by the city. Item a. continues the right o~ appeal by provicUnq a mechanism whereby decisions of the PJ.anninq Com:dssion could be appeal.ed to the ~yor and common Council.. AN AOO-'!'!:ONAL CONSIOERAT1:0N The Mayor and common Counci1 may wish to have a itistoric Resources Evaluation Report prepared for al.l or some of the resources listed in the survey on Depart::llent of Parks and Recreation (CPR) 523 Forms (Hodi.fied). The Report would determine the historical siqnificance of these resou..-ces and provide advance submit"=al information to staff and the review authority for Demo1ition per.:it Applications. This wouJ.d further streamline the review process for the resources in question. MAYOR .urn COMMON COUNCIL OP'l'rONS 1. The ~yor and COllllllOn Council uy direct staff to chanqe the review process as proposed, prepare an ordi..lance and return to the May 4, 1992 Council Meetinq. 2. 'rha Mayor and common council may make modifications, deletions or additions to staff's proposed chanqes. proposed Changes to the Review Process for D_o~ition peJ:lllit Applications ~ Kayor aDd common cOW1ci~ Keeting of Karch 16, 1992 Page 5 'oi " ...; ..;; .~ \ .. ~COMMENDAT1:0K r.' ~ .,."" > Staff recommends that the ~yor and ComI:lon council direct sta::f to chanqe the review process as proposed, prepare an ordinance and return to the Kay 4, 1992 Council lIeetinq. . :~ ~; Prepared by: ..;: . Attachments: .' > ., , ::". '.' > Deborah Woldruff, As9"""iate P1anner for Al Bouqhey, Director planning and BuildinCJ Services Department Historic Resources Reconnaissance survey (not included - previously distributed to the Mayor and Common councU in June 1991) 2. Draft Evaluation Thresholds CA. through C.) 1. - \....~ "-'" --..,'. rn.r.UATIOH orDESJlOLDS Buildinqs and st--uctures fifty (50) years old and older ~ould be evaluated using the following thresholds to cieter.:line the level of historical review required. ':he thresholds are based upon the Historic Resources Reconnaissance survey (Volumes 1-5 and Attachments, April 30, 1991 and all subsequent revisions). A. A Historic Resource Evaluation Report (Report) would be required for any resource identified on a modified California Deparblent 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 e!igible for Historic District desiqnation and listed as a contributing resour.:e (Volume 3, Appendix C, Historic Districts and overlay Zones,.' Items 1. through 4.). A Report would also be required for any resource located in a new area identified by the Mayor and Common council as being potentially eligible for Historic District desiqnation and listed as a contributinq resource. B. A Historic Resource Evaluation Report could be required for any resource listed on the survey's Tabular List and located within the boundaries of an area identified in the Survey as being potentially eligible for Historic Overlay Zone Desiqnation (Volume 3, Appendix C, Historic Districts and overlay Zones, Items 5. throuqh 13.). Usinq the criteria established in the existing Ugency Historic structure Demolition Ordinance, Section 15.37.070 (MC_694). the Director of planning and Building services would evaluate demolition permit applications 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 beinq potentially eliqible tor Historic Overlay Zone desiqnation shall also would be subject to the Director's evaluation. c. Demolition Permit applications for buildinqs and structures which are listed only on the Tabular List or not included in the survey would not require a Report unless the Director of planninq and Buildinq Services or members of the Historic Preservation Task Force or the planninq commission determine that further study would be required based upon new, historical or cultural intormation not contained in the Survey. Attachment 2 ~-"'.~ ,~ . . . '- , -......I .. . ,. MEMORANDUM ;: FRO~: Hon. Michael Maudsley, Councilmember, Ward Four and Chair Historic Preservation Task Force City of San Bernardino Dr. James Mulvihill, AICP, ~emberd)1.... Historic Preservation Task Force .~ City of San Bernardino TO: SUBJECT: Staff's Proposed Changes to the Review Process for Demolition Permit Applications. CC: Ms. Deborah Woldruff, Asso Planner; Mr. Henry Empeno, Dpty City Atty. DATE: March 31, 1992 I am greatly concerned with the implications of the proposals made by planning staff regarding the process for review of demolition permit applications. Essentially, the permit review function now held by the Historic Preservation Task Force, and presumably any subsequent Historic Preservation Commission, would be given over to the City Planning Commission. The Planning Commission has my greatest respect for the tremendous range of responsibilities they have, and the expertise that is necessitated to meet these. But historic .preservation is no small task. Not only are there a very extensive and subtle policies entailed, but also, "significance" is sometimes open to interpretation. I know you remember the controversy surrounding the Platt Building. Many in city governance minimized its historic value, while the delay in issuing the demolition permit provided by the Historic Preservation Task Force proved to Attachment 2 ., ~ ; ~ ~~ - Page T~o MEMO: Demolition of Historic Resources Review March 31, 1992 be what was needed to prevent the City from making a very great error. Even~ually, a highly regarded panel of experts was brought in, which endorsed the Task Force's opinion that the building should be preserved. In fact, the group was ~ quite adamant in their position. , This incident alone underlines the value of having , knowledgeable persons involved in the demolition review process. In addition, Historic Preservation Commissions are common in cities of all sizes throughout the country. I am attaching a document of considerable importance, "Preparing a Historic Preservation Ordinance," from the Planning Advisory Service of the American Planning Association. I know staff has its own copy, but I ask that you have duplicates made for our Task Force, the Common Council, and any others who will participate in this revision process. r hope no one misunderstands me. I do not see historic preservation as limited and "snobby." If effectively managed, historic preservation can enhance property values and promote the renovation of mostly central city neighborhoods. It is a program that, in our city, can be aimed at improving housing and neighborhood conditions of mostly lower income families. Some improvements have already taken place through efforts up to this poin~. ., --- ..-- ...., - Page Three MEMO: Demolition of Historic Resources Review March 31, 1992 S~A~~'~ Rp~nmmp-~na~;n"~a Staff's recommendation. dated ~arch 8, 1992, emphasizes the "current budget and staff constraints,~ (p. 2). These are short-term considerations on whi:h long-term programs. and policies should not be based. This same transmittal states that "orientating an~ training" new Historic Preservation Commissioners would be burdensome (p. 2). The "training" of the DrOq~nt panel was hardly burdensome. The statement seems to overlook the great personal resources and commitment possessed by citizens in our community. Staff's transmittal also refers to time delays creating a need to "streamline the review process," (p. 3). The suggestion that the Planning Commission be substituted for the Preservation Task Force/Commission eliminates no steps, and, unless staff provides less effort and research than it does now, I do not see where significant reductions will take place. This is especially true given the unique expertise .tha~ the Task Force presently provides, and which will be provided by a future Preservation Commission. I take particular issue with the statement on the transmittal (p. 3) that states, "The Task Force review of Demolition Permit Applications was to have been an interia duty." This is the first time I have heard this. The Task Force is "interim" to a Historic Preservation Commission. " r """" - Page Four MEMO: Demolition of Historic Resources Review March 31, 1992 On the other hand, we have frequently discussed and formulated how that body would review demolition permits. In fact, the "Historic Resources Recon~aissance Survey Report," Volume 1, page 17. states, "...that the Historic Resources Commission for San Bernardino be given adequate power to protect landmarks. This will almost certainly require that it have the power to forbid demolition or alteration, not just delay it, even though such power may be exercised infrequently." were they conlused too? No better justification for expert panel to review demolition permits than the continuing over-reliance by staff (in the Evaluation Thresholds, last page of transmittal) on the DPR forms and those resources associated with Historic Districts and Overlay Zones (Historic Preservation Survey, Volume 3, Appendix C). Our consultants frequently emphasized that: their survey, the structures on DPR forms, designated historic districts, etc. were ~ exhaustive, but rather exemplary. There are structures in the City they ,did not have time to do thorough evaluations of. It seems though that staff knows this already, as stated in the transmittal, .....the Survey was completed at the reconnaissance level and does not prOVide in-depth information on individual resources or areas of the City,- (p. 3). .. .' '. . . . ,- '-' ........... Page Five MEMO: Demolition of Historic Resources Review March 31, 1992 Finally, as noted on staff's transmittal (cover sheet), .. the Mayor and Common Council asked on January 6th that staff and the Economic Development Agency develop options for simplifying the review process for demolition permit applications. Our Task Force took the lead on this issue several times in the past by requesting planning staff and EDA to work together in developing prese~.ation policies. Financing alternatives provide the basic incentive to preserve. As is clear in the Planning AdvisorT Service Report. for effective preservation there must be financial assistance available. The neighborhood redevelopment and housing preservation that occurs gives the EDA a central role. The great misfortune is that it has taken this long for EDA's role to become apparent. Misunderstandings and ' missteps will continue as long as EDA remains outside the process. I think the Task Force has looked forward to addressing preservation policy in an integrated fashion. However, . ' . simply shifting review responsibility does not provide ~or this integrated planning ~d policy making. In fact, such a singular shift is a step toward elminating preservation as a potentially effective redevelopment policy for the City. - c 0 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT """'I .' ,. INITIAL STUDY .. """'I HISTORIC BUILDING DEMOLITION ORDINANCE (DEMO ORDl Pro;ect DescriDtion: An ordinance of the city of San Bernardino repealing and replacing Chapter 15.37, establishing new policies and provisions for the review of demolition permit applications for buildings and structures fifty years old or older and providing for the continuation of the Historic Preservation Task Force. Pro,ect Location: Citywide Date: March 25, 1992 A~nlican~'s Name and Address: City of San Bernardino 300 North "D" street San Bernardino, CA 92401 Ynitial studY Prenared Bv: Deborah Woldruff Associate Planner city of SaD Bernardino Planning aDd Building Services Department 300 Horth "0" street SaD Bernardino, CA 92418 CI'" QII ... ----- ~....... pL..AI'+&D7 PAGE 1 OF 1 t4-UO) Attachment 3 ~ -, '-' -- Historic Building Demolition Ordinance (DEMO ORD): Initial study Environmental Review Committee meeting of April 2, 1992 1.0 INTRODUCTION This report is provided by the city of San Bernardino as an Initial study which evaluates the potential environmental impacts resulting from the Historic Building Demolition Ordinance (DEMO ORD). A description of the project is provided in Section 2.0 on the following page. As stated in Section 15063 of the California Environmental Quality Act guidelines, the purposes of an Initial study are to: 1. Provide the Lead Xgency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (En) or a Neqative Declaration; 2. Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enablinq the project to qualify for Negative Declaration; 3. Assist the preparation of an EIR, if one is required, by: (A) Focusing the EIR on the effects determined to be siqnificant, (B) Identify the effects determined not to be siqnificant, and (C) Explaininq the reasons for determininq that potentially siqnificant effects would not be siqnificant. 4. Facilitate environmental assessment early in the desiqn of a project; 5. Provide documentation of the factual basis finding in a Negative Declaration that a will not have a significant effect environment; for the project on the 6. Eliminate unnecessary EIRs; ----- -- - .....,I Historic Building Demolition ordinance (DEMO ORC): Initial study Environmental Review Committee meeting of April 2, 1992 7. Determine whether a previously prepared EIR could be used wib the project. As stated in Section 15152 of the CEQA Guidelines, Agencies are enc:uraged to tier EIRs which they prepare for separate bu,: related projec~s including general plans, zoning changes and development projects. This approach can eliminate repetitive discussions of the same issues and foC".lS the EIR on the actual issues which require decision at ea,?h level of environmental review. Where an EIR has been prepared for a program, plan policy or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to. or consistent with the program, plan, policy, or ordinance should limit the EIR on the project, as follows: 1. Evaluate those environmental effects which were not examined as siqnificant effects on the environment in the prior EIR. 2. Evaluate those environmental effects which are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions, or other means. 3. Tiering under this section shall be limited to si tuations where the proj ect is consistent with the general plan and zoning of the city of county in which the project would be located. 4. The Initial Study shall be used to decide whether and to what extent the prior EIR is still sufficient for the present project. 5.. When tiering is used, the later EIRs or Neqative Declarations shall refer to the prior EIR and state where a copy of the prior EIR may be examined. The later EIR should state that the lead agency is using the tierinq concept and that the EIR is being tiered with the earlier EIR. On June 2, 1989, the City of San Bernardino adopted a General Plan which established the framework for the future development of the city. An Environmental Impact Report was prepared and certified by the city as part of the review process prior to approval of the General c -...... .-....,1 Historic Building Demolition ordinance (DEMO ORD): Initial Study Environmental Review Committee meetinq of April 2, 1992 Plan. As required by CEQA, the General Plan EJ:R provided a broad overview of the futur~ qrowth sllowed within the City in accordance with the Plan's vision. It is the intent of this Initial St~dy t~ tiar this pr:ject with the certi~ied EIR prepared for the Gene::oal Plan. The Initial Study will determine potential ~~pacts if the Historic Structure Demolition Ordinance ~s cre4~ed and whether they were addressed in ~e General Plan EIR. The Initial study will determine the level of siqnificance for any impacts identified that were not addressed in the General Plan EIR. 2.0 PROJECT DESCRIPTION The Historic Building Demolition Ord (DEMO ORD) would repeal and replace Chapter 15.37, the Urgency Historic structure Demolition Ordinance (MC-694) in the San Bernardino Municipal Code (SBMC). This ordinance would establish new policies and provisions for the review of Demolition Permit Applications for buildings and structures fifty years old or older and provide for the continuation of the Historic Preservation Task Force. (See Exhibit A, Draft Ordinance) 2.1 Are. Characteristics _4 BacJtqroaDd The City has approximately 8,000 buildings and structures that are fifty years old and older that are listed in the Historic Resources Reconnaissance survey (survey). Th_e resources generally are located in accordance with the ei ty' s historical development patterns. The Survey evaluates concentrations of resources and identifies areas eligible for either Historic District or Historic OVerlay Zone desiqnation. It also identifies individual resources de_ed as havinq potential historical siqnificance for architectural s-::yle and/or cultural considerations. The draft ordinance will establish thresholds of review f~r the determination of historical siqnifican:e of resources based upon the Survey information. r ...-.. \,..; ::; CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST .... ... ..., ~ A. BACKGROUND San Bernardino Municipal Code Chapter 15.37 ApplicationNumber: Historic Buildinq Demolition Ordinance (DEMO ORD) Project Description: Ordinance of the City. . . amending and replacing Chapte= 15.37; establishing new policies and provisions for the review of Demolition Permit Applications for buildinqs and structures fifty years old and older (specified); and, the contin uation of the Historic Preservation Task Force. Location: Ci tvwide Environmental Constraints Areas: N / A General Plan Designation: N / A Zoning Designation: N / A B. ENVIRONMENTAL IMPACTS Explain answers, where appropriate, on a separate attached sheel 1. E8nh Re_ Win the proposal resuit in: Yes No Maybe a. Earth ll1ClWllI8nt (cut and/or fin) 0110,000 cubic yards or more? X b. Developmenl and/or grading on a slope greater than 15% n8lUral grade? X c. Developmenl within the A1quist.priolo Special Studies Zona as defined in Seclion 12.0 . Geologic & Seismic. Figure 47, of the City's General Plan? X d. Modilication of any unique geologic or physical feature? X e. Development within areas defined for high potential for water or wind erosion as identilied in Section t 2.0 . Geologic & Seismic. Fogure 53, of the Cily's General X Plan? f. Modilication of a channel, creek or river? X ~ .... ::.&"T~ PI.,AHoI.Ol P.ae10F_ (11.QO) , "" , - - g. o.velClpment within an ani. subjecllD Iandslidas. mudslides. liquel8CIon or other similar hazards as identified in Section 12.0 . Geologic & Seismic, FiguNs .s, 52 and 53 of the CiIy's General Plan? h. Other? 2. Air ReMurcn: WiD the proposal rasuit in: L Subslantial air emissions or an ailed upon ambient air quality as defined by AOMD? b. TIle erealion of objectionable odors? c. DevelClpment within a high wind hazard area as identified in Section 15.0" Wincl & F.... F.gure 59. of 1he Qy's Genaral Plan? :L Water Reeo_: Win the proposaIlIIsull in: L Changes in absorption rates. drainage paIl_ or the rate and amount of surface runoff due " impermeable surfaces? b. Changes in tha oourse or flow aI flood _? c. Discharge into surface watars or my aIIention of Sl'rtace water quality? d. C/la,'Ille in the quantity aI quality aI ground ~ .. Exposure aI people or prcpetty to flood .... .. identilied in the Federal Emerg8llCJ Man-u__ Agency's Flood Insurance Rate -. Cammunity P.,.. Number 060281 " _' ad Sectian 11U1. Flooding, F'lIulll 62. of the City's Geneml PlIn? f. Other? 4. 8101oglcat Reeourcea: Could the "'........ .... in: L Develapment within the BioIcgi!:ll R -- Managemem Overlay, as idenlilied in Sectian 10.0 " NaIural R8SOUIC8S. F9UlII ~ 1, vi the Qly's General Plan? b. Change in the number of my unique, ,.. or endangered spec:ies of pIanls or !heir hebiIat including stands aI_? . . c. Change in the number aI my unique. ,.. or endMgered spec:ies of animals or !heir Ilsbial? d. RemovlIl of viable, maturelrHS? (6'"...~ .. Other? 5. Noise: Could the proposal resul in: L Develapmem aI housing. heaIIII caN I -......d '. Iilnries. "'igious facililies or =-....... _..Ail.. - in ..as where existing or future ......... --S .. Ldn of 65 dB(AI eXIMlor ad snLdn vi ~ cfB(A) inl8rior as idanIified in Section 1~.O" Noise, FigIns 1'" - 14-13 of !he City's General Plan? ,-., ....) ,. . ..0. Vas No .. " ,. , v .. x y. x v .. Yo v ." ~... ,.~ .. .. "( " .. .. Maybe ... .. ~I.QI PlGEzor:_ ,ii-iO) _a<___ --- L Houalng: Wi) the ","Ilo,,~ L Re_ ellisting housing or ere.. a demand far addiliDnal housing? b. Other? .. Tngportatlon I CIrculation: Could the '" r ... in compariIon wiIh the CiR:uIaIion PllI/l as identiliecl in Sectilln 6.D _ Circulalion at the City's General Plan. resul in: L All i__ in traffIC that is greater thlIIl the land use designaled on tile General Plan? b. U.. at exisling. or demll/ld for n_. paIking facilitieslSll\lClllt8S ? c. Impact upon existing public tranSIlOnation systems? . d. Aiteration at present patlems at circulation? .. Impact tD rail or air tralfic? I. Incr....d safety hazaRls to vahiclas, bicycfists or peall$Ul8l1S ? g. A diIjointed plIII_ of ro8llway improvemenlS? h. SiGndicant ;'lCI"a_ in traffIC vofumes on tile .oadways or intersections? i. Olhet? ~'.cI PllGE 30~ _ ~H.<<n .... --.,~__ AI x x v .. x 'f :{ .- .. y. x .. .. x ..01 l} ,. ,- 10. Public Services: WiD the proposal irnpacl the following beyond the capaDility to provide adequate IewIs '" slltVice? &. Fife protection? b. Police pralection? c. Schcols (i.e~ 8IIendanCe. boundaries. ~ 4IlC.)? d. PiI/ks or other rec:realionaI facililies? e. Medical aid? 'I. Solid Waste? g. Other? 11. UtIOUec WiI the ~. .>: .~ &. Impact the tollowing beyOnd lIIe ~~~ " provide adeqUllle 1__ of service or requft the ccnstnlClion '" n_ IKiIilies? 1. NalUral gas? 2. e..J> U1y? 3. WrIlet? 4. s-? 5. Other? b. Resul in a disjointed pr4*n III IlIily --..? c. Requn the oonstnldian 01 ... . -. ..? 12. Ae.u.tlca: &. Could the prapouI ,.... in the abIIrucIiln III .., .-uc view? b. WiD the visual impact III the projecllle ....-- to the SIIIIlIIlftding _7 :. Other? 13. Cuaurall;'e- ,.:. Could tile ............ ,.... in: &. Thealleralianor~ofa"""""'ic.. historic ardlaeOloglCaI sU by ...~ wilhin .. an:haeooagical ....... ... 85 wt..lIiI".ed in Sedilln 3.D - HislDncaI. Figure a. '" tile Cly's Genelal PlIn7 b. All8falion or deslruClian 01 a II.;caI .. sIIUCIIft or Object as lisled in the City's If--= Raaun:es Reconnaissance Surv",? c. Other? .... ....G' _.-... --- '"'"" .. l ) ( . -- .. Yes No x y x ~- A v .~ ,- .. x To .. ~. .. , ,. .. .., .. .. . 'V" .. ,- ,. ~: -. ., .. x , Maybe .. ~ PIGi4($_ 11''''' ('\ ,. .............. ,. """l .../ . r- 14. Mandatory findings of S1gnlnc.nce (Se"ction 15065) The CaIiIomia Environmental QuaJity Ild states that iI any of the following can be ans_red yes or maybe. 1he project may have a signifocant effect on Ihe environmem and an Environm,,"lallmpact Repan shall be pr8l*ed. Yes No Maybe L Does the projecl have the potential \l) degrade 1he qualily of 1he ,,"viranm8Cll suaslarmally reduce the halliIat at . fish or w;1dBe species. cause a fish or wildlile papthM" :0 arop beiOW .... SUSlaining levels, t!'Ire.en 1D _male. pl.nt or animal oommunity. Nduce the numll&t or ,.n:z the range of a rare or endallgered pIanl or animal or eiiminale important examples at the major penadS 01 Cali1amia history or prehislalY? b. Does the projec: have the potential \l) achieve sIlort- term. \l) 1he ~ atlong-tenn. environmental goals? (A sIal-tenn irnpacl an the environmem is - wIlicll _ in . reI~ brief. definitive period of time while Iong-lerm inpacIs will endure _I inID the tuture.) ,. .. x c. Does the project Ilave irnp8CIS which are indivilually &miled' but CUllIuIaIMly considerable' (A praject may impacl an _ or mare Hf*lII8 resaurces wIlerethe impacl an eacII _ is reIalMIy small. bul whale the e1fect III the 1DlaI 1lIu-e impaclS an the envi....lm8fIl is signi'anL) d. Does the project Ilave environmental etI_ which will cause I' ~ ... ... eff_ an huIIWI beings. , eilher direCdJ or indiNcdy? x y. C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEA"'JRES . (AItKII ~ as ..I_-Y.) ~~~ase re~e~ t~ attachec s=eets. ..,j P\.NII-.... PIrGE5Cp_ lll-W. ..,.-~ --- ("- '""" 1"",,1 .....J Historic Building Demolition Ordinance (DEMO ORD): Initial study Environmental Review committee meeting of April 2, 1992 3.0 ENVIRONMENTAL ASSESSMENT As stated, this Initial study is tiered from the General Plan Environmental Impact Report (EIR) which identifies impacts to historical resources related to General Plan implementation. The EIR discusses the potential loss of historical resources and states that every older and potentially significant building in the developed areas of the city can legally be replaced by another. In addition, overriding concerns such as public safety may necessitate building demolition. The General Plan policies pertinent to the preservation of historical resources are evaluated in the EIR and found to provide the maximal protection that can be considered legally acceptable. The draft ordinance proposes to continue the Historic Preservation Task Force in its advisory body role. The Task Force's responsibilities -would be directed at overseeing the development of the Historic Preservation Program. The draft ordinance would establish the city's Planning commission as the review authority for specified Demolition Permit Applications. No potential impacts regarding the continuation of the Historic Preservation Task Force or the utilization of the Planning commission for project review have been identified. The Demolition Permit review process described in the draft ordinance provides for the review of specified resources by establishing evaluation thresholds based upon information contained in the City's Historic Resources Reconnaissance survey (Survey). (Refer to Exhibit A, Draft Historic Building Demolition Ordinance, Section 15.37.045 Evaluation Thresholds and Review Reauirements.) The adoption of this ordinance will not create new impacts or intensify those impacts that already exist. Potential impacts resulting from demolition projects would be evaluated in accordance with CEQA and the provisions of this ordinance and mitigated on a case by case basis. I'" ~ v v Historic Building Demolition Ordinance (DEMO ORD): Initial study Environmental Review committee meeting of April 2, 1992 3.1 DJl])ATORY PIWI!fGS 01' SIGNIPICANCE I section 15065 of tbe CEQA Guidelines) The project does not have the potential to eliminate important examples of the major periods of california history. Adoption and implementation of the draft ordinance would help to preserve the city's remaining historical resources. This project will not create impacts that are individually limited, but cumulatively considerable. Because the draft ordinance will provide for the review of specified demolition permit applications, any potential impacts can be mitigated an a case by case basis. .,>~ v ",-' ....,I D. DETERMINATION On the basis 01 this initial sludy, o The proposed project COULD NOT have a signilicant effect on the environment and a NEGATIVE DECLARA- TION will be prepared. o The proposed project oould have a sigililicanleffect on the environment, aithough there will not be a signilicant effecl in this case because 1he mitigation mellSures described above have been added to the project. A NEGATIVE DECLARATION wiD be prepared. o The proposed project MAY have a signiicant eIIl1Ct on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALFORNIA Larry E. Reed, Assistant Director Planning and Building Services Department Name and Tille Signature Date: April 2, 1992 '-- crl'9G''-_ --- .I ........... PMIE_OF_ <<11-tlOt r o o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT INITIAL STUDY r' HISTORIC BUILDING DEMOLITION ORDINANCE (DEMO ORD\ Pro;ect DescriDtion: An ordinance of the city of San Bernardino repealing and replacing Chapter 15.37, establishing new policies and provisions for the review of demolition permit applications for buildings and structures fifty years old or older and providing for the continuation of the Historic Preservation Task Force. Pro;ect Location: citywide Date: March 25, 1992 AD~lican~'s Name and Address: city of San Bernardino 300 North ."D" street San Bernardino, CA 92401 Initial Study prenared Bv: Deborah Woldruff Associate Planner ci ty ot San Bernardino Pl~WR'ftq and Building Service. Department 300 North "1)" street San Bernardino, CA 92418 cmo,,__ ~~ call .... PLN+&.C7 ClAGE 1 OF I {4-IDI c ,..-,--... ....., Historic Building Demolition Ordinance (DEMO ORC): Initial study Environmental Review Committee meeting April 2, 1992 of 1.0 IHTRODUCTIOR This report is provided by the city of San Bernardino as an Initial Study which evaluates the potential environmental impacts resulting from the Historic Building Demolition Ordinance (DEMO ORe). A description of the project is provided in Section 2.0 on the following page. As stated in Section 15063 of the california Environmental Quality Act guidelines, the purposes of an Initial Study are to: 1. Provide the Lead Aqency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (E!R) or a Negative Declaration; 2. Enable an applicant or Lead Aqency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enablinq the project to qualify for Negative Declaration; 3. Assist the preparation of an EIR, . if one is required, by: (A) Focusing the ErR on the effects determined to be siqnificant, (8) Identify the effects determined not to be siqnificant, and (C) Explaininq the reasons for determining that potentially siqnificant effects would not be siqnificant. 4. Facilitate environmental assessment early in the design of a project: 5. Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a siqnificant effect on the environment; 6. Eliminate unnecessary EIRs: -- ~ ',..-...... ..... ......,1 Historic Building Demolition ordinance (DEMO ORD): Initial study Environmental Review Committee meetinq April 2, 1992 of 7. DeterMine whether a previouslY prepared EIR could. be used with the project. As stated in Section 15152 of the CEQA Guidelines, Agencies are enc:uraged to tier EIRs which they prepare for separate '--:-: related projects including general plans, zoning _.~anges and development projects. This approach can eliminate repeti-:ive discussions of the same issues and foC".ls the EIR on the actual issues which require decision at ea~ level of environmental review. Where an EIR has been prepared for a program, plan policy or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant t~ or consistent with the program, plan, policy, or ordinance should limit the EIR on the project, as follows: 1. Evaluate those environmental effects which were not examined as siqnificant effects on the environment in the prior EIR. 2. Evaluate those environmental effects which are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions, or other means. 3. Tierinq under this section shall be limited to situations where the project is consistent with the qeneral plan and zoning of the city of county in which the project would be located. 4. The Initial Study shall be used to decide whether and. to what extent the prior EIR is still sufficient for the present project. 5.. When tiering is used, the later EIRs or Negative Declarations shall refer to the prior EIR and. state where a copy of the prior EIR may be examined. The later EIR should state that the lead agency is usinq the tierinq concept and that the EIR is being tiered with the earlier EIR. On June 2, 1989, the city of San Bernardino a~opted a General Plan which established the framework for the future development of the city. An Environmental Impact Report was prepared and certified. by the city as part of the review process prior to approval of the General ,--. '-' """" """. .'...- Historic Building Demolition Ordinance (DEMO ORD): Initial study Environmental Review co_ittee meeting of April 2, 1992 Plan. As required by CEQA, the Genera!. Plan EIR provided a broad overview of the futur~ growth sllowed within the City in accordance with the Plan's vision. It is the intent of this Initial Study t~ ti9r this pr~ject with the certified EIR prepared for t.'1e Gene:al ?lan. The Initial Study will determine potential illlpacts if the Historic structure Demolition ordinance ~s cre~~ed and whether Uley were addressed in :he General Plan EIR. The Initial Study will deter:lline the level of siqnificance for any impacts identified that were not addressed in the General Plan EIR. 2.0 PROJBCT DBSCRIPTIOII The Historic Building Demolition Ord (DEMO ORD) would repeal and replace Chapter 15.37, the Urgency Historic structure Demolition ordinance (MC-694) in the San Bernardino Municipal Code (SBMC). This ordinance would establish new policies and provisions for the review of Demolition Permit Applications for buildings and structures fifty years old or older and provide for the continuation of the Historic Preservation Task Force. (See Exhibit A, Draft Ordinance) 2.1 ar.. Charaa1:enstics _4 BacJtqroaD4 The City has approximately 8,000 buildinqs and structures that are fUty years old and older that are listed in the Historic Resources Reconnaissance survey (survey). These resources generally are located in accordance with the city's historical development patterns. The Survey evaluates concentrations of resources and identifies areas eligible for e~ther Historic District or Historic OVerlay Zone desiqnation. It also identifies individual resources deemed as havinq I=otential historical siqnificance for architectural s-eyle and/or cultural considerations. The draft ordinance will establish thresholds of review f::Jr the determination of historical siqnificance of resources based upon the survey information. r' '-' ::; r- CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST ... ... , """l A. BACKGROUND San Bernardi~o Municipal Code Chapter 15.37 ApplicationNumber: Historic Buildinq Demolition Ordinance (DEMO ORD) P~ectDe~ion: Ordinance of the City. . . amending and replacing Chapter 15.37; establishing new policies and provisions for the review of Demolition Permit Applications for buildinqs and structures fifty years old and older (specified); and, the contin uation of the Historic Preservation Task Force. Location: ci tvwide Environmental Constraints Areas: N / A General Plan Designation: N / A Zoning Designa1ion: N / A B. ENVIRONMENTAL IMPACTS Explain answers. ...... appropriate, on a separate atIached shaeL 1. Earth ResoUrces Will the proposal resul in: a. Earth movement (cut and/or fW) 0/10.000 cubic yards or more? Yes No Maybe x b. Development and/or grading on a slope greater than 15". naturat grade? c. Development within the Alquist-Priolo Special Studies Zone as defined in Section 12.0. Geologic & Seismic. Figure 47, of the City's General Plan? d. Modilication of any unique geologic or p/lysIcaI feature? x x x e. Development within areas defined for high potential for water or wind erosion as identilied in Section 12.0. Geologic & Seismic. F'!lure 53, of the CiIy's General Plan? x X f. Modnication of a channel. creek or river? ... .... ClIft'17I1l11_ --- P\..M-UI PAGE' OF _ (11-1O) - ( .i'..: - g. Developm.1ll wilhin an area subjecl to landslides. muds....s. liquefacllOll or OIlIer similar haZards as idenlified in Section 12.0. GeolOgic & Seismic, F'll- 4. 52 and 53 of the City's General Plan? h. Other? 2. AIr R__: WiD the proposal resuit in: L Subslamial air emissions or an effecl upon amtlient 811' qualily as defined by AOMO? b. TIle craaIion of objectionable odors? Co Development wilh.., a high wind hazard area as idelllilied in Section 15.0. Wind & FA. F9ure 59, of the City's Ge..... Plan? 3. Water~: WiD the proposal _Ill in: L Changes in absorption rates. dninag. paIIems. or the rat. and amaulll 01 surface runotl due III impenneallle surfaces? b. Changes in the oourse or flow 01 flood _en? Co :'lSChatge into surface waters or any aIIeraIion 01 Sl.'flace _er quality? d. Cha.'lg8 in the quantity 01 quality oIllround _r? .. Exposure 01 peclIlIe or property to llaod haDnIs 88 ideIlliIied in the Fed.,. Em8IV&N:Y Manag.-nt Agency's Flood Ins_ Rate -. Community Pan.1 Number 060281 . _' and SecIian 16.0. Flooding, F'llUN 62. of the City's ~ Plan? f. Other? ... Biological Reeoun:u: Could the "'.......... ....ua in: L Development wilhin the Biolc..i<laI R_ Manll;ement o-tay, 88 idendied in SecIian 10.0 . Nalura1 R-. FigUN 41, 01 the City's Gene" Plan? b. CIIange in the number of any unique, ,.. or endangered species of pIa/llS or their habiIaI including ana 0I_? Co Chang. in the number of any uniqu.. ,.. or endq.red species 01 an..... or their habiIaI? d. Re__ of vi8IlIe. malUre _? (6" orllrealer) .. Other? 5. No"': Could 1he proposal rasu! in: L Develapmenl of hou8ing. health en I -... A l ~~. IIIIarie&. N1igious facilllies or ather............. - in ... where exisling or fulura noise ...... -.ct . Ldn of 65 d8(A) exterior -.I . Ldn 0145 dB(A) interior 88 idenlified in Section 14.0. Noise, Figures 1~ and 1"-1301 the City's General Plan? ........., ".:. c , ,. ......, . "'III Yes No ,. ,- , .. , v .. v .. Yo x v .. y. ... .. .. ... ~: ,. .. '{ .. .. .. Maybe .j ... CI' _ ____ --- :~U11 PAGE.%CF_ :.,~ ,. r,'- --'. '"-', b. Developmenl of new ~ expansion at exisling indUSlrial. cammen::ial or olller ;.SU wll;c, g_raIe noise levels on _ oomaining 1lausIng. se-IS, ftufth care facilities or olllet ....sdll/8 _ _ an LAn of as dB(A)exteriot or an Ldn 01 45 dB(A) imerior? Co Other? I. . !,and U..: WiD the proposal rHU~ in: a. A ctwlge in the land use as designlll8d on the General Plan? b. Developmenl wit!lin an AiIporl DisInc: as identif"1ed in the Air InSlalla1ian ~ Use Zone (AICUZ) Report and the Land Use Zoning DislricI Map? Co Development wit!lin FaoIniII Fore Zones A & B, or C as identified on the Land Use Zoning DisIncl Map? d. Other? 7. Man-Made HaZlrdS: Willt:e projecl: a. Use. 510"'. nnsporI or dispose d hazanIaus or toxic materials (ilcIuding but narlimaed to oil. pesticides. dlemicais or racliaIion)? b. Involve the ",Ie_ of hazanIaus substInCH? Co Expose people 10 1he poIentia1 heaIllIIafety hazards? d. Other? L Houelng: WII the...; ... L Remove elliSling housing or _ a d."...id far additional housing? b. Other? .. Transportation I ClraIIatIon: Could the plIlpoSld. in camparison willi the Cln:uIaIian Plan as ..lliI"oed in Section 1.0 - Cilculalian of the CiIy's General Plan. __ in: L An incre_ in trdi: thIIl is ~1llan the land use design.ed on the General P.,? b. Use of ellisling, ordemand tor new. parking facilitiu/slnlCllll'-? Co Impact upon uisli1g public tra. " ,..n.." systems? . d. Alteration of ~ paIIWftS d";' .,--.? e. Impact to IBiI or lIir nlIic? f. Increased safety hazaftIs to vehides. bicydisIs or peallSlrians? g. A disjainled pIIIl.n aI raadw8y ~.....OAIII8IlIS? h. Sqn;rocanl i,lae_ in nIflC 1lOIII.- on the IOlIdways or inIerseclions? l Other? .... ~~--- --- -, ~- Yes No ,( .. .. ,- o' Yo v .. x .. o' ,. .. 'r . ,- .. x x v .. x 'r :{ .. -. Yo x .r -. x Maybe .... "'~'.cI PllGE 3 OJ:' ~H.~ r ~.. 10. Public ServIceS: WiD tile proposal impact tile following beyond llle capmliIity II) plOVId8 -.lequa18 levels of servic8? a. Fire plDlection? b. Police protection? c. ~1s rLe~ 8IlendanCe, tlOundmies. overtoad. etc.)? ..d. P8Jlcs or other recrutionallacililies? ... Medicallid? l Soid W_? g. Other? 11. UtlDUu: Willlle praposaI: a. Impact the follclwing beyond the ~1Iy to provide ~equ.e levels of ..Nice or requite llle c:cnstnICIian of new facilities? 1. N.suraI gas? 2. EI-.I> U1? 3. Water? 4.. s-? 5. Other? b. Result in a disjointed ~ of utIiIy _ions? c. Requa. the ~ of.... ~"'-., 12. Autlletlca: a. Could the proposal ..... in the abIlruCIion at ."., -uc view? b. WiD the visual impact of the pIDjel:t be deIIinIenDI III llle SUIIQIlnding _? :. 0Iher? 13. CUIturaI~. Could the..., ' ..... in: a. 'The der8lion or deslrucIian of . pAl,.. ic. or historic aIdlaeOlagical sile by devllJ~ TalC within .. archMOIOgical sensiIive ... .. ;del1Iified in Section 3.0 - HislIlnc3I. F'llW8 8. of the CiIy's General Plan? b. Alteration or des1ruclion of a h~a1 siIe. SlJUClure or objec: as lisIed in the City's Hislaric Raources Reconnaissance Survey? c. Other? ... ....CI'_~ --- ~ '...J Yes No Maybe X yo 'l .. .... A V " ,- .. X Yo .. I. .. .. .. v ,. ,. . v -. ,- '" }: .. ., .. x ., . ... ~iJ:lI PIGE"C~_ ;~~.;Q) ,. ./"". -' .....", ~ , 14. Mandatary findings 01 S1gnlllcance (Soiclion t S06S) The CaIiIomia Environmental Quality Ad slates thai n any of the following can be ans_red yes or mayDe. the projecl may have a S1gndicant effect on the environment and an Environmental Impact Repllft shall be praparacL Yes No Maybe a. Does the projecl have the potential to degrade the quality 01 the envilanmenL sullItantiaIIy reduce the hODilal aI a fish or wildlila species, cause a fish or wiidlile ~ l P ....w.n lD cirop beloW ... sustaining .....Is, !hr_en lD elininlle a p.tt or UIinW oommunily, racsuc. the numbet or -a the range of a rve or enaangllfWll pIanI or ..... or eIimillate impot1anl u_pIes 01 !he major panods 01 CaIiIomia histoly orpN~ b. Does the projecl have the potentiallD achieve shalt- term. to the "'-~.._.L.w6 allong-tann, ~ goalS? (A shaIt-tenn impacl on the .....iRlnment is one which occurs in a raIaIMIr brief. definitive period of time while long-term inpacIs wiI endure well inID the fututa.) .. " x c. Does the project have iqIaca which ... incIividuaa, timllad. but CIlIIIUlaIMlJ~? (A project may impacton_or_~'- wh_the impact on aach ,........ is relaIMly small. but where the eIIecl 01 the lDI8I 01 those inpacIs 011 the ""':.I~JMI'II is ~"'w.'C.) x d. Does the project have ....;.DI........ etIeclS which wiI _ subanIialad-. eff_ on human beings, either direcdy or indiNcllJ? 11: C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND WTlGATlON MEASURES (AIlach ~ as 1 .'1.) 'O~Aase re.ee:- to',attacnec s::.eets. ..... ~ ",..""-- --- ;::u.HoiJ:II PIGESCF_ ."--J ~ '-' '-'" Historic Building Demolition Ordinance (DEMO ORD): Initial study Environmental Review Committee meeting of April 2, 1992 3 . 0 ENVIRONHENTAL ASSESSMENT As stated, this Initial study is tiered from the General Plan Environmental Impact Report (EIR) which iden~ifies impacts to historical resources related to General Plan implementation. The EIR discusses the potential loss of historical resources and states that every older and potentially siqnificant building in the developed areas of the city can legally be replaced by another. In addition, overriding concerns such as public safety may necessitate building demolition. The General Plan policies pertinent to the preservation of historical resources are evaluated in the EIR and found to provide the maximal protection that can be considered legally acceptable. The draft ordinance proposes to continue the Historic Preservation Task Force in its advisory body role. The Task Force's responsibilities would be directed at overseeing the development of the Historic Preservation Program. The draft ordinance would establish the City's Planning Commission as the review authority for specified Demolition Permit Applications. No potential impacts regarding the continuation of the Historic Preservation Task Force or the utilization of the Planning Commission for project review have been identified. The Demolition Permit review process described in the draft ordinance provides for the review of specified resources by establishing evaluation thresholds based upon information contained in the City's Histor~c Resources Reconnaissance Survey (Survey). (Refer to Exhibit A, Draft Historic Building Demolition Ordinance, Section 15.37.045 Evaluation Thresholds and Review Reauirements.) The adoption of this ordinance will not create new impacts or intensify those impacts that already exist. Potential impacts resulting from demolition projects would be evaluated in accordance with CEQA and the provisions of this ordinance and mitigated on a case by case basis. - '-' Historic Building Demolition Ordinance (DEMO ORD): Initial Study Environmental Review committee meeting April 2, 1992 of ......."" 3.1 HAHDATORY FINDINGS OF SIGNIFICANCE (section 150&5 of the CEQA GUidelin..) The proj ect does not have the potential to eliminate important examples of the major periods of california history. Adoption and implementation of the draft ordinance would help to preserve the City's remaining historical resources. This project will not create impacts that are individually limited, but cumulatively considerable. Because the draft ordinance will provide for the review of specified demolition permit applications, any potential impacts can be mitigated on a case by case basis. r' -- u -...,I D. DETERMlNAnON On the basis of this initial study, 0' The proposed project COULD NOT have a signilicant effect on the environment and a NEGAnVE DECLARA- TION will be prepared. O The proposed project oould have a signilicant effect on the environment. aithough there will not be a signilicant effect in this case because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. o The proposed project MAY have a signilicant &lfect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA Larry E. Reed, Assistant Director Planning and Building Services Department Name and Trtle /7 ___ // j /iYh ! _. A'.2.~" Signature -! Date: April 2, 1992 ~ CIT\'.,.____ --- .oil fIUNoI,.DI PIGE_OF_ (1'. .....'''"' '-' MC '-00.<1 ORDINANCE NO. 1 2 3 4 5 6 7 8 9 10 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPLACING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES. The Mayor and Common Council of the City of San Bernardino do ordain as follows: SECTION 1. Chapter 15.37 of the San Bernardino Municipal Code is amended to read as follows: "CHAPTER 15.37 HISTORIC BUILDING DEMOLITION ORDINANCE 15.37.010 Findinas and Purpose. The Mayor and Common Council find and declare: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IIII 28 II 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II r" ........ ....., .#' Permit applications for pre-1941 buildings and 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 necessary to amend the provisions for the review of Demolition Permit Applications for potentially historic buildings and structures. G. By imposing the requirements of the amended Historic Building Demolition 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 being completed. 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 walls built and maintained to shelter human activity or property. Demolition - To destroy any building or structure so that it is no longer standing or functional. Report - Historic Resource Evaluation Report, a report that evaluates the historical significance of a resource based upon established criteria. 2 ;fI""c<o.,._, "-'" '., ,.I 1 Resource - A building or structure as def ined in this 2 Chapter. 3 Structure - (1) Any structure having a roof and walls 4 built and maintained to shelter human activity 5 or property; or, 6 (2) a work made up of independent and 7 interrelated parts that performs a primary 8 function unrelated to human shelter. 9 survey - Historic Resources Reconnaissance survey 10 (Volumes 1-5 and Attachments, April 30, 1991 11 and all subsequent revisions), a citywide 12 survey of buildings and structures constructed 13 prior to December 31, 1941 which provides 14 baseline information regarding the types and 15 locations of resources, approximate 16 construction dates, representative 17 architectural styles, construction materials, 18 and contextual historical themes. 19 Task Force - The Historic Preservation Task Force, a 20 committee appointed by the Mayor and Common 21 Council to oversee the Historic Preservation 22 Program. 23 15.37.025 Historic Preservation Task Force. The Historic 24 Preservation Task Force (Task Force) was established by MC-694 and 25 the Task Force members were appointed by the Mayor with the 26 concurrence of the Common Council. Under the provisions of this 27 Chapter, the Task Force shall continue to oversee the Historic 28 Preservation Program in an advisory capacity and perform other 3 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II ,-..... ~ ~ -...J duties as established by the Mayor and Common Council. This Task Force shall exist until the Mayor and Common Council determine that it is no longer needed. 15.37.035 Demolition Prohibited. No building or structure fifty (50) years old or older shall be demolished unless a valid Demolition Permit has been issued in accordance with this Chapter. 15.37.040 Danaerous Buildinas Exempted. The demolition of any building or structure fifty (50) years old or older shall be exempt from.the provisions of this Chapter if findings have been made by the Board of Building commissioners or the Building official pursuant to other provisions of the Municipal Code declaring that the building or structure is either a public nuisance or a dangerous building. In such instances, a Demolition Permit may be issued in accordance with all other city ordinances and requirements. 15.37.045 Evaluation Thresholds and Review Reauirements. Buildings and structures fifty (50) years old or older proposed for demolition shall be evaluated to determine historical significance. The level of review required shall be determined in accordance with the following thresholds and requirements which are based upon the Historic Resources Reconnaissance Survey (Volumes 1-5 and Attachments, April 30, 1991 and all subsequent revisions): A. A Historic Resource Evaluation Report (Report) shall be 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 4 /'''''''' V \.J contributing resource (Volume 3, Appendix c, Historic Districts and Overlay Zones, Items 1. through 4.). 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 15.37.05g of this Chapter, the Director of Planning and Building Services shall evaluate demolition proposals for these resources to determine the requirement for a Report. Demolition Permit Applications for buildings and structures which are listed only on the Tabular List or not included in the survey shall not require a Report unless the Director of Planning and Building services determines that a Report is required based upon new historical 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. 15.37.050 Historic Resource Evaluation Reoort. 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 Background 1 2 3 B. 4 5 6 7 8 9 10 11 12 13 c. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II 5 ("'> \...0 ...-'~. "'-,." 1 F. statement of Significance 2 G. Alternatives to Demolition (e.g., Retention, Relocation, 3 Rehabilitation, Restoration and Adaptive Reuse) 4 H. Conclusions 5 I. Recommendations 6 J. Mitigation 7 K. Archival Documentation (Appendices) 8 The statement of significance element (Item F. above) shall 9 be made usi1'l'q the criteria listed in. section 15.37.055 of this 10 Chapter and the National Register criteria for evaluation and shall 11 include a discussion of the related historical contextual themes. 12 The archival documentation (Item K. above) of the resource 13 shall include a completed DPR 523 Form and archival quality photo 14 documentation. This information shall be included as an appendix 15 to the Report. 16 preparation and submittal of the Report shall be the 17 responsibility of the applicant. All Reports shall be prepared by 18 consultants who meet the professional qualification standards for 19 the field of Historic Preservation as described in the Federal 20 Register. 21 15.37.055 Cri teria for Determination of Historical 22 Sianificance. 23 1. The building or structure has character, interest or 24 value as a part of the heritage of the city of San 25 Bernardino; or, 26 2. The location of the building or structure is the site of 27 a significant historic event; or, 28 IIII 6 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IIII 28 IIII II ,<"""~'. ",,.I ,-..-"'" 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, 5. The building or structure exemplifies the best remaining architectural type in a neighborhood; or, 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; or, 7. The building or structure reflects outstanding attention to architectural or design, detail, materials craftsmanship; or, 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; or, 9. The unique location or singular physical characteristics of the building or structure represent an established and familiar feature of a neighborhood; or, 10. The building, structure or site has the potential to yield historical or archaeological information. 15.37.060 Review Process. 1. Director Review - The Director of Planning and Building services shall determine whether to issue a Demolition Permit for an Application which does not require a Report 7 . "';,., ro-'_ \..,..; .~_~i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II in accordance with Evaluation Thresholds B. and C. and the requirements specified in Section 15.37.045 of this Chapter. 2. 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. Following the ERC review, the application and the environmental determination shall be reviewed by the Planning commission. 3. Planning Commission Review - The Planning commission shall review Demolition Permit Applications to determine the historical significance of the resource based upon the criteria set forth in Section 15.37.055 of this Chapter. The Planning commission may also consider the National Register criteria for evaluation. Based upon the information provided, the Planning Commission shall take action on the environmental determination and approve or deny the issuance of the Demolition Permit. When a Demolition Permit Application is denied because of a determination of historical significance, the Planning Commission shall forward that recommendation to the Mayor and Common Council. 8 , "'"' ......, ,.-"...... ....) 1 If the Planning Commission approves the Demolition 2 Permit Application, the Demolition Permit shall be issued 3 in accordance with the Planning Commission action and 4 following compliance with the provisions of this Chapter 5 and all other City requirements. 6 4. Effective Date of Permit - Demolition Permits shall 7 become effective 16 days following the final date of 8 action (i.e., approval) by the Director or the Planning 9 Commission unless an appeal has been filed pursuant to 10 Section 15.37.070, which shall stay the issuance of the 11 Demolition Permit until after the Appeal is decided. 12 15.37.070 ADDeals. Any person may appeal the decisions of 13 the Director of Planning and Building Services pursuant to this 14 Chapter to the Planning Commission. Decisions of the Planning 15 commission pursuant to this Chapter may be appealed to the Mayor 16 and Common Council. 17 An appeal must b~ submitted in writing with the required 18 appeal fee (if applicable) to the Planning and Building services Department within fifteen (15) days following the final date of the action for which an appeal is made. The written appeal shall include the reason(s) why the Historic Resource Evaluation Report should or should not be required; or why the Demolition Permit Application should be granted, denied or exempt from the provisions of this ordinance. 19 20 21 22 23 24 25 15.37.080 Severabilitv. If any section, subsection, 26 sentence, clause or phrase or any portion of this ordinance is for 27 any reason declared invalid or unconstitutional, such decision 28 shall not affect the validity of the remaining portions of the 9 II .. . v 1 ordinance. The Mayor and Common council, hereby, declare that it 2 would have adopted this ordinance and each and every section, 3 subsection, sentence, clause or portion thereof irrespective of the 4 fact that phrase, or any portion thereof would be subsequently 5 declared invalid or unconstitutional. 6 15.37. OS5 Penal tv. Any person, firm or corporation, 7 whether as principal, agent, employee, or otherwise, violating or 8 causing the violation of any of the provisions of this Chapter is 9 guilty of a misdemeanor, which upon conviction thereof is 10 punishable in accordance with the provisions of Sections 1.12.010 11 and 1.12.020 of this Code in addition to any other civil or 12 administrative remedies. 13 15. 37 . 090 Fees. Upon submittal of a Demol i tion Permit 14 Application to the Planning and Building Services Department, the 15 applicant shall pay all applicable Planning Division fees as 16 adopted by the Mayor and Common Council for an Initial Study and 17 for the Planning Commission review. The applicant shall pay all 18 required Building Safety Division fees as adopted by the Mayor and 19 Common Council prior to issuance of a Demolition Permit." 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII 10 II . . /", -~~., "-' .....J 1 ORDINANCE...ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS 2 AND STRUCTURES. 3 I HEREBY CERTIFY that the foregoing ordinance was duly 4 adopted by Mayor and Common Council of the City of San Bernardino 5 at a meeting thereof, held on the day of 6 , 1991 by the following vote, to wit: 7 Council Members AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 REILLY 10 HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 18 19 20 City Clerk The foregoing ordinance is hereby approved this day of , 1991. 21 22 23 W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: 24 JAMES F. PENMAN, 25 CitYrAttorney ? By: \..-d'l--'- I- 1 e",,-.,~ (/ -J 26 27 28 11 II .CI1T OF: SAN BERP .RDINO - REQUEST 9 )R COUNCIL ACTION From: . .. uL_np:Iistoric Structure Demolition Al Boughey, D~rector REC'O. - ..tsUlJ)8Cr. 6rdinance Planning & Building ServicE\f.)2 JAM 2Aa~r~ a'i~ Common Council Meeting February 3, 1992 Dept: Date: January 23, 1992 Synopsis of Previous Council action: November 1B, 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 Common Council continue this item to March 16, 1992 to enable staff to complete a detailed proposal outlining options and recommendations. tl~ 13~. iU:. "1 Signature Al Boughey Contact person: Al Boughey Phone: 3B4-5357 Supporting data attached: None Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct, Description) Finance: Council Notes: N#'--"l-'~.L. 2...1-'12. ,IJ~ r I Amlnri~ Itpm Nn :.- 51 CITY. OF SAN, BERNP ,DINO - REQUEST to 1 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 opti~ns 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 reading 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. CUe 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 apr... '.cation process, processing time frames and staff constraints. A~so 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 n,,,.. o .,-, v ORDIIIAIICE NO. )fC 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 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 6 7 8 The Mayor and Common Council of the City of San Bernardino do ordain as follows: SECTION 1. Chapter 15.37 of the San Bernardino Municipal Code is amended to read as follows: "CHAPTER 15.37 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IIII HISTORIC STRUCTURE DEMOLITION ORDINANCE 15.37.010 Findinas and Purpose. 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 1 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II o -.. o Permit applications for pre-1941 buildinqs and structures. E. Prior to the adoption of MC-694, the City had no provision for the review of Demolition Permit applications for potentially historic buildinqs or structures. F. For clarification, it is necessary to amend the provisions for the review of Demolition Permit applications for potentially historic bUildinqs and structures. G. By imposinq the requirements of the amended Historic Structure Demolition 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 Proqram is beinq completed. 15.32.020 Definitions. For the purpose of carryinq out the intent of this Chapter, the words, phrases and terms set forth herein shall be deemed to have the meaninq ascribed to them in this Chapter. Buildinq - Any structure havinq a roof and walls built and maintained to shelter human activity or property. Demolition - To destroy any buildinq or structure so that it is no lonqer standinq or functional. Report - Historic Resource Evaluation Report, a report that evaluates the historical siqnificance of 2 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II a resource based upon established criteria. Resource - A buildinq or structure as defined in this Chapter. Structure - A structure is a work made up of independent and interrelated parts that performs a primary function unrelated to human shelter. Survey - Historic Resources Reconnaissance Survey (Volumes 1-5 and Attachments, April 30, 1991 and all subsequent revisions), a citywide survey of buildings and structures constructed pr ior to December 31. 194 1 which provides baseline information reqarding the types and locations of resources, approximate construction dates. representative architectural styles, construction materials, and contextual historical themes. Task Force - The Historic Preservation Task Force, a committee appointed by the Mayor and Common Council to oversee the Historic Preservation Program and ordinance and to review all Demolition Permit applications that require their review in accordance with the provisions of this Chapter, 15.37.025 Historic Preservation Task Force. The Historic Preservation Task Force (Task Force) was established by MC-694 and the Task Force members were appointed by the Mayor with the concurrence of the Common Council. Under the provisions of this 3 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 ~ Chapter, the Task Force shall continue to oversee the Historic Preservation Proqram and Ordinance, review specified Demolition Permit applications and perform other duties as established by the Mayor and Common Council. This Task Force shall exist until the Mayor and Common Council determine that it is no lonqer needed. 15.37.035 Demolition Prohibited. No buildinq or structure fifty (SOl years old or older shall be demolished unless a valid Demolition Permit has been issued in accordance with this Chapter. 15.37.040 Danaerous Buildinas Exemoted. The demolition of any buildinq or structure fifty (SOl years old or older shall be exempt from the provisions of this Chapter if findinqs have been made by the Board of BUildinq Commissioners pursuant to the provisions of Chapter 8.30, Public Nuisances and Chapter 15.28, Danqerous BUildinqs, of the Municipal Code. In such instances, the buildinq or structure is exempt from the provisions of this Code and a Demolition Permit may be issued. If the Buildinq Official makes a findinq that a bUildinq is danqerous pursuant to summary abatement procedures of Chapter 15.28 of the Municipal Code, the buildinq is exempt from the provisions of this Code and a Demolition Permit may be issued. 15.37.045 Evaluation Thresholds and Reauirements. Buildinqs and structures fifty (50) years old or older shall be evaluated to determine historical siqnificance in accordance with the followinq thresholds and requirements which are based upon the Historic Resources Reconnaissance Survey (Volumes 1-5 and II ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II o '""' ......) Attachments, April 30, 1991 and all subsequent revisions), A. A Historic Resource Evaluation Report (Report) shall be required for any resource identified on a modified California Department of Parks and Recreation (DPR) 523 Form (Vol ume 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. B. 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 (Vol ume 3, Appendix C, Historic Districts and Over lay 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 applications 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, C. Demolition Permit applications for buildings and structures which are listed only on the Tabular List or not included in ~ o o 1 the Survey shall not require a Report unless the Task Force 2 determines that further study is required based upon new. S his tor ical or cuI tural information not contained in the 4 Survey. 5 When required. Historic Resource Evaluation Reports shall be 6 prepared in accordance with Section 15.37.050 of this Chapter. 7 At reqular intervals (as determined by the Task Force and 8 prior to the expiration of the appeal period after a determination 9 is made I. the Task Force shall be notified in wri tinq of all 10 determinations made in accordance with thresholds B. and C. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15.37.050 Historic Resource Evaluation ReDort. A Historic Resource Evaluation Report required as a submittal for a Demolition Permit application shall contain the followinq elements. A. Purpose and Scope B. Methods of Evaluation. Field and Archival C. Location and ~~ttinq D. Architectural Description of the Resource E. Historical Backqround F. Statement of Siqnificance G. Alternatives to Demolition Relocation. Rehabilitation. Reuse) H. Conclusions T. Recommendations IIII II ( such as Restoration J. Mitiqation K. Archival Documentation (Appendices) ~ Retention. and Adaptive o - u 1 The Statement of Significance element (Item F. above) shall 2 be made usinq the criteria listed in Section 15.37.055 of this 3 Chapter and the National Reqister criteria for evaluation and shall 4 include a discussion of the related historical contextual themes. 5 The archival documentation lItem K. above) of the resource 6 shall include a completed DPR 523 Form and archival quality photo 7 documentation. This information shall be included as an appendix 8 to the Report. 9 Preparation and submittal of the Report shall be the 10 responsibility of the applicant. All Reports shall be prepared by 11 consultants who @eet the professional qualification standards for 12 the field of Historic Preservation as described in the Federal 13 Reqister. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /I /I 15.37.055 of Historical Criteria for Determination Sianificance. 1. The bUildinq or structure has character, interest or value as a part of the heritaqe of the City of San Bernardino; or, 2. The location of the buildinq or structure is the site of a siqnificant historic event; or, 3. The buildinq or structure is identified with a person(s) or qroupls) who siqnificantly 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, ~ II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "/I II o ~ o 5. The buildinq or structure exemplifies the best remaininq architectural type in a neiqhborhood; or, 6. The building or structure is identified as tha-work of a person whose work has influenced the heritage. of- the City, the State or the United States; or, 7. The bUilding or structure reflects outstandinQhattention to architectural desiqn, or detail, materials craftsmanship; or, 8. 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 singUlar physical characteristics of the bUilding or structure represent an established and familiar feature of a neiqhborhood; or, 10. The building, structure or site has the potential to Yield historical or archaeological 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 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II o - .....) review, the application shall be reviewed by the Task Force. 2. The Task Force Review - The Task Force shall review. a Demolition Permit application to determine the- historical siqnificance of the resource based upon the critaria.. set forth in Section 15.37.055 of this Chapter. The Task Force may also consider the National Reqister criteria for evaluation. Based upon the criteria i1l" Sect.ion' 15.37.055, the Task Force may stay the issuance of the Demolition Permit- for a period of up to ninety' (9(H days. Durinq this time, the Task Force shall pursue methods of retention throuqh rehabilitation, relocation and/or reuse or other alternatives to demolition. The Task Force shall take action to qrant or deny the Demolition Permit within the stay period speCified. If the Task Force approves the Demolition Permit application, t:he Demolition Permit may be issued in accordance with the Task Force action and followinq compliance with the provisions of this Chapter and all other City requirements. 15.37.070 Aooeals. Any person may appeal the decisions pursuant to this Chapter of the Director of Planninq and BUildinq Services to the Task Force. Decisions of the Task Force pursuant to this Chapter may be appealed to the Mayor and Common Council. An appeal must be submitted in writinq with the required appeal fee (if applicable) to the Planninq and Building Services Department within fifteen (15) days followinq the final date of the o o act.ion for which an appeal is made. The written appeaL shall include the reason(s) why the potential resource shoul~b.exempt from or subject to the provisions of this ordinance. 1 2 3 4 5 15.37.075 Inconsistent Provisions. Any sect.iom of: the,. 6 Municipal Code or amendments thereto inconsistent w.ith the 7 provisions of this ordinance to the extent of such inconsistencies' 8 and no further is hereby superseded or mod.ified by this- ord.inance 9 to the extent necessary to effectuate the provisions of this 10 ordinance. 11 12 13 14 15 16 17 18 19 20 21 22 15.37.085 Penalty. Any person, firm or corporation, 23 whether as principal, aqent, employee, or otherwise, violatinq or 24 causinq 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 L 12.010 of 27 this Code in addition to any other civil or administrative 28 remedies. 15.37.080 Severability. If any section, subsection, sentence. clause or phrase or any portion of this ordinance is for any reason declared invalid or unconstitutional, such decision shall\ not affect the validity of the remaininq portions of the ordinance. The Mayor and Common Council. hereby, declare that it would have adopted thi.~ ordinance and each and every section, subsection, sentence, clause or portion thereof irrespective of the fact that phrase, or any portion thereof would be subsequent I y declared invalid or unconstitutional. '" II ~ c o 1 15.37.090 Fees. Upon submittal of a Demol.it.ion- 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. Tha applicant 6 shall pay all required Buildinq Safety Division fees as. adopted by 7 the Mayor and Common Council prior to issuance of a Demolition 8 Permit.. 9 /1/1 10 /I /I 11 /I" 12 /I" 13 /I" 14 /I" 15 /I" 16 /I" 17 /I" 18 /I /I 19 /I" 20 /I /I 21 /I" 22 /I" 23 /I" 24 "" 25 IIII 26 /I" 27 1/11 28 ,,/I . , II o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II 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 foreqoinq ordinance was duly adopted by Mayor and Common Council of the City of San Bernardino meetinq thereof, held on the day of at a , 1991 by the followinq vote, to wit. Council Members ABSTAIN AYES NAYS ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foreqoinq ordinance is hereby approved this day of , 1991. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and leqal content: JAMES F. PENMAN, ~ B . i,4. . -" 12