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HomeMy WebLinkAboutMC-850 ORDINANCE NO. MC-850 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPLACING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE; 2 ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND 3 STRUCTURES. 4 The Mayor and Common Council of the city of San Bernardino do ordain as follows: 5 SECTION 1. Chapter 15.37 of the San Bernardino 6 Municipal Code is amended to read as follows: 7 "CHAPTER 15.37 8 HISTORIC BUILDING DEMOLITION ORDINANCE 9 10 Council find and declare: 11 12 13 15.37.010 Findinos and Purpose. The Mayor and Common 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IIII 28 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 Permit applications structures. E. Prior to the adoption of MC-694, the City had no provision for the review of Demolition Permit Applications for potentially historic buildings or structures. F. For clarification, it is 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. 15.37.020 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 - Mc-llso' 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 for buildings and pre-1941 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. Historic Resource Evaluation Report, a report that evaluates the historical significance of Report - IIII 2 . MC-850 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 a resource based upon established criteria. Resource - A building or structure as defined in this Chapter. structure - (1) Any structure having a roof and walls built and maintained to shelter human activity or property; or, (2) 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 prior to December 31, 1941 which provides baseline information regarding 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. 15.37.030 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 IIII 3 MC-850 1 Chapter, the Task Force shall continue to oversee the Historic 2 Preservation Program and Demolition Permit Applications in an 3 advisory capacity and perform other duties as established by the 4 Mayor and Common Council. This Task Force shall exist until the 5 Mayor and Common Council determine that it is no longer needed. 6 15.37.035 Demolition Prohibited. No building or structure 7 fifty (50) years old or older shall be demolished unless a valid 8 Demolition Permit has been issued in accordance with this Chapter. 9 15.37.040 Danqerous Buildinqs Exempted. The demolition of 10 any building or structure fifty (50) years old or older shall be 11 exempt from the provisions of this Chapter if findings have been 12 made by the Board of Building Commissioners or the Building 13 Official pursuant to other provisions of the Municipal Code 14 declaring that the building or structure is either a pUblic 15 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 Requirements. 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 Historic Resource Evaluation Report (Report) shall be required for any resource identified on a modified California Department of Parks and Recreation (DPR) 523 Form 16 17 18 19 20 21 22 23 24 25 A. 26 27 28 IIII 4 MC-850 (Volume 3, Appendix B, Resource List and DPR Forms) or located within an area identified as being potentially eligible for Historic District designation and listed as a contributing resource (Volume 3, Appendix C, Historic 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 15.37.055 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 Report. A Historic Resource Evaluation Report required as a submittal for a Demolition Permit Application shall contain the following elements: A. Purpose and Scope 1 2 3 4 5 6 B. 7 8 9 10 11 12 13 14 15 16 c. 17 18 19 20 21 22 23 24 25 26 27 28 IIII 5 MC=8So" 1 B. Methods of Evaluation: Field and Archival 2 c. Location and Setting 3 D. Architectural Description of the Resource 4 E. Historical Background 5 F. Discussion of Eligibility for NR listing 6 G. statement of Significance 7 H. Conclusions 8 I. Recommendations (may include proposed mitigation) 9 J. Archival Documentation (Appendices) 10 The Statement of Significance element (Item G. above) shall 11 be made using the criteria listed in section 15.37.055 of this 12 Chapter and shall include a discussion of the related historical 13 contextual themes. 14 The archival documentation (Item J. above) of the resource 15 shall include a completed DPR 523 Form and archival quality photo documentation. This information shall be included as an appendix 16 17 18 19 20 21 the field of 22 Register. 23 15.37.055 24 Siqnificance. 1. The building or structure has character, interest or value as a part of the heritage of the city of San to the Report. Preparation and submittal responsibility of the applicant. of the Report shall be the All Reports shall be prepared by consultants who meet the professional qualification standards for Historic Preservation as described in the Federal criteria for Determination of Historical 25 26 27 28 IIII Bernardino; or, 6 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 III . MC-850 2. The location of the building or structure is the site of a significant historic event; or, 3. The building or structure is identified with a person(s) or group(s) who significantly contributed to the culture and development of the City of San Bernardino; or, 4. The building or structure exemplifies a particular architectural style or way of life important to the City; or, 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 design, detail, materials or craftsmanship; or, a. 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 7 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 IIII MC~850 Permit for an Application which does not require a Report 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 may be included as an attachment to the Initial Study or referenced in the Initial Study. The Initial Study shall be reviewed by the ERC for an environmental determination within thirty (30) days of the project being deemed complete. Following the ERC review, the application and the environmental determination shall be reviewed by the Planning Commission. 3. Task Force Review The Task Force shall receive notification of Demolition Permit Applications for their review and make recommendations to the Planning Commission regarding the historic significance of resources and the approval or denial of applications. 4. Planning commission Review A Demolition Permit Application shall be scheduled for review by the Planning Commission within fortyfive (45) days of the ERC's environmental determination. The Planning Commission 8 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 IIII MC-850 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. The Planning Commission's review must be completed within 30 days of the first public hearing before the Planning Commission or the Application shall be forwarded to the Mayor and Common Council. 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. If the Planning Commission approves the Demolition Permit Application, the Demolition Permit shall be issued in accordance with the Planning Commission action and following compliance with the provisions of this Chapter and all other city requirements. 5. Effective Date of Permit - Demolition Permits shall become effective 16 days following the final date of action (i.e., approval) by the Director or the Planning commission unless an appeal has been filed pursuant to section 15.37.070, which shall stay the issuance of the Demolition Permit until after the Appeal is decided. 9 MC-8S0. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 15.37.070 Appeals. Any person may appeal the decisions of the Director of Planning and Building Services pursuant to this Chapter to the Planning commission. Decisions of the Planning commission pursuant to this Chapter may be appealed to the Mayor and Common Council. An appeal must be submitted in writing with the required 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. 15.37.080 Severabilitv. 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 remaining portions of the ordinance. The Mayor and Common Council hereby declare that it would have adopted this ordinance and each and every section, subsection, sentence, clause or portion thereof irrespective of the fact that any phrase, or any portion thereof, would be subsequently declared invalid or unconstitutional. 15.37.085 Penalty. Any person, firm or corporation, 24 whether as principal, agent, employee, or otherwise, violating or 25 causing the violation of any of the provisions of this Chapter is 26 guilty of a misdemeanor, which upon conviction thereof is 27 28 punishable in accordance with the provisions of sections 1.12.010 IIII 10 'MC-850 ' 1 and 1.12.020 of this Code in addition to any other civil or 2 administrative remedies. 3 15.37.090 Fees. Upon submittal of a Demolition Permit 4 Application to the Planning and Building Services Department, the 5 applicant shall pay all applicable Planning Division fees as 6 adopted by the Mayor and Common Council for an Initial Study and 7 for the Planning Commission review. The applicant shall pay all 8 required Building Inspection Division fees as adopted by the Mayor 9 and Common Council prior to issuance of a Demolition Permit... 10 I I I I 11 IIII 12 I I I I 13 I I I I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 MC-850 1 ORDINANCE...ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS 2 D 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 6 7 reaular meeting thereof, held on the 8th day of , 1991 by the following vote, to wit: Council Members 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADA OPE-LUDLAM AYES -1L- -1L- -1L- -1L- ....lL- ....lL- The foregoing ordinance , 1991. as to legal content: AMES F. PENMAN, i ty {1Attorney , . ~ . , NAYS ABSTAIN ABSENT x r2cadd 1:( t "-~ City Clerk is hereby approved this 9'~day of --- 12