HomeMy WebLinkAboutMC-694U
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ORDINANCE NO.
BC--694
2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 15.37 TO THE SAN BERNARDINO MUNICIPAL CODE;
3 ESTABLISHING POLICIES AND PROCEDURES FOR REVIEW OF BUILDING
PERMIT APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS OR
4 STRUCTURES AND ESTABLISHING AN HISTORIC PRESERVATION TASK
FORCE.
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The Mayor and Common Council of the City of San Bernar-
dino do ordain as follows:
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SECTION 1. Chapter 15.37 is added to the San Bernardino
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Municipal Code to read as follows:
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"CHAPTER 15.37
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INTERIM URGENCY HISTORIC STRUCTURE DEMOLITION ORDINANCE
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Findinqs and Purpose.
The Mayor and
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Common Council find and declare:
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A.
The city of San Bernardino General Plan adopted on
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June 2, 1989 includes an Historical and Archaeo-
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logical Resources Element which provides a basis
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for
historic preservation in the city of San
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Bernardino.
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B.
An Historic Preservation Ordinance is required to
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be completed within 18 months of adoption. This
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ordinance will include a section on demolitions.
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F.
c.
The city has a procedure for review of building
permit applications for demolition. However, there
is no review procedure for such applications which
deal with structures or buildings that are poten-
tially historic.
D.
Several buildings of historical value have already
been demolished. These include the Municipal
Auditorium, Antlers Hotel, Carnegie Library and
Atwood Adobe and many others which were an
irreplaceable part of our heritage.
E.
It is, therefore, necessary to establish an interim
procedure to review building permit applications
for demolition of potentially historic structures
constructed prior to 1941. The review shall
determine significance of a building or structure
and whether demolition is appropriate. without
such a review of building permit applications for
demolition, other historic buildings or structures
may be destroyed without any determination of
significance or documentation.
By imposing the requirements of the Interim Urgency
Historic structure Demolition Ordinance, the city
will have a procedure for reviewing building permit
applications for demolition while the Historic
Preservation Program is being completed.
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G. This ordinance imposes standards on an urgency
basis and is necesary to protect against a current
and immediate threat to the pUblic's health, safety
and welfare for the reasons stated above. The
demolition of potentially historic buildings or
structures under the City's current zoning
ordinances, would result in a threat to public
health, safety, or welfare.
15.32.020 Effective Date. This ordinance
become effective upon the date of adoption.
shall
15.32.030 Definitions. For the purpose of carrying
out the intent of this chapter, the words, phrases and terms
set forth herein shall be deemed to have the meaning
ascribed to them in this chapter.
Building -
Means any structure having a
walls built and maintained
roof and
for the
support, shelter or enclosure of persons,
animals, chattels or property of any
kind.
Demolition -
To cause to be destroyed any building or
structures so that it is no longer
standing.
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structure -
Means anything constructed or built, any
edifice or building of any kind, or any
piece of work artificially built up or
composed of parts joined together in some
definite manner, which requires location
on the ground or is attached to something
having a location on the ground.
Task Force -
The Historic Preservation Task Force, a
temporary committee appointed by the
Mayor to oversee the Historic Preserva-
tion Program and ordinance and review all
applications for demolition.
15.37.035 Historic Preservation Task Force
This ordinance hereby establishes a Historic
Preservation Task Force whose members shall be appointed by
the Mayor with the concurrence of the Common Council. This
Task Force shall oversee the Historic Preservation Program
and Ordinance and review all applications for demolition of
buildings or structures constructed prior to 1941 and other
duties as established by the Mayor and Common Council. This
Task Force shall exist until a Historic Preservation
commission is established by the Mayor and Common Council.
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15.37.040 Demolition Prohibited No building or
structure constructed prior to 1941 shall be demolished
unless a valid Building Permit for Demolition has been
issued in accordance with this chapter.
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15.37.050 Public Nuisance Exempted The demolition
of any structure constructed prior to 1941 shall be exempt
from the provisions of this chapter if a finding of public
nuisance has been made by an official of the Building and
Safety Department pursuant to the provisions of Chapters
8.30 or 15. 28. In such instances, an applicant may be
issued a Building Permit for Demolition with the permission
of the Director of Planning and Building.
15.37.060 Procedure The following outlines the
procedure for review of demolition applications for
buildings or structures constructed prior to 1941:
1. An application for Building Permit for Demolition
shall be submitted to the Department of Building
and Safety and referred to the Planning Department
and shall include the year built, as closely as
determined, a clear color photograph (minimum size
3 1/2" x 5"), and any documentation on the history
of the house. The Planning Department shall
prepare an Historic Preservation Report using
available documentation of the history of the
building or structure, to be presented to the Task
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Force. A state Historic Resources Inventory shall
also be completed.
The application will be reviewed for completeness
by the Building and Safety Department and shall be
referred to the Planning Department to be scheduled
for review by the Environmental Review Committee
and the Task Force within 30 days of application.
The applicant shall be notified in writing 10 days
prior to the review.
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The Task Force shall review the application
Building Permit for Demolition and the Historic
Preservation Report. The review shall include the
determination of significance of the building or
structure based upon the criteria set forth in
section 15.37.070 of this ordinance as well as
alternatives to demolition. Alternatives may
include rehabilitation, relocation and reuse.
4.
The Task Force shall make two findings based upon
the criteria established in this ordinance in order
to deny any Building Permit Application for Demo-
lition. The mandatory findings are:
(a) The building or structure meets anyone of the
criteria listed in section 15.37.070 of this
ordinance.
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6.
(b) The building or structure can be relocated.
If a building or structure does not meet finding
(a), the Building Permit Application for Demolition
may be issued if all other legal requirements are
complied with. If the building or structure meets
one of the criteria in section 15.37.070, but
cannot be relocated due to structural integrity of
the building or site conditions, a permit may be
issued after the provisions of Section
15.37.060(1) and are other legal requirements are
complied with.
If the Task Force makes the two findings, it may
stay the issuance of a Building Permit Application
for Demolition for 90 days. During this time the
Task Force must determine significance of the
building or structure based upon the criteria set
forth in Section 15.37.070 of this ordinance, and
methods of retention through rehabilitation,
relocation and/or reuse or other alternatives to
demolition.
5.
The Task Force shall make a decision on the
Building Permit Application for Demolition within
the 90 day stay of issuance.
Anyone may appeal any decision of the Task Force to
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the Planning commission provided a written appeal
is submitted to the Planning Department within ten
(10) days of the Task Force action. Decisions of
the Planning Commission may be appealed to the
Mayor and Council by submitting a written appeal to
the City Clerk within ten (10) days of the Planning
commission action. If no timely appeal is sub-
mitted, the action of the Task Force or the
Planning commission is final.
15.37.070
Siqnificance.
criteria for Determination of Historical
1. The building or structure has character, interest
or value as a part of the heritage of the city of
San Bernardino.
2. The location of the building or structure is the
site of a significant historic event.
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The building or structure is
identified with a
who significantly
development of the
person or
contributed
persons or groups
to the culture and
City of San Bernardino.
4. The building or structure exemplifies a particular
architectural style or way of life important to the
City.
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5. The building or structure exemplifies the best
remaining architectural type in a neighborhood.
6. The building or structure is identified as the work
of a person whose work has influenced the heritage
of the city, the state or the united states.
7. The building or structure reflects outstanding
attention to architectural design, detail, mater-
ials or craftsmanship.
8. The building or structure is related to landmarks
or historic districts and its preservation is
essential to the integrity of the landmark or
historic district.
9. The unique location or singular physical character-
istics of the building or structure represent an
established and familiar feature of a neighborhood.
10. The building, structure or site has the potential
to yield historical or archaeological information.
15.37.080 Documentation. If an historically signifi-
cant building or structure cannot be saved for any reason, a
complete written and photo documentation of archival quality
of the building or structure shall be done by the applicant
and shall be submitted to the Planning Department prior to
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the issuance of a demolition permit.
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15.37.090 Inconsistent provisions
Any section of the
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Municipal Code or amendments thereto inconsistent with the
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ordinance to the extent of such
provisions of this
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inconsistencies and no further is hereby superseded or
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modified by this ordinance to that extent necessary to
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effectuate the provisions of this ordinance.
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15.37.100 Severability. If any section, subsection,
sentence, clause or phrase or any portion of this ordinance
is for any reason declared invalid or unconstitutional,
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such decision shall not
affect the validity of the
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remaining portions of the ordinance. The Mayor and Common
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Council, hereby, declare that it would have adopted this
ordinance and each and every section, subsection, sentence,
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clause or portion thereof irrespective of the fact that
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phrase, or any portion thereof would be subsequently
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declared invalid or unconstitutional.
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15.37.110 Penalty
Any person, firm or corporation,
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whether as principal,
agent, employee, or otherwise,
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violating or causing the violation of any of the provisions
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of this Chapter is guilty of a misdemeanor, which upon
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conviction thereof is punishable in accordance with the
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provisions of section 1.12.010 of this Code in addition to
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any other civil or administrative remedies.
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15.37.120 Fees. Upon submittal of a Building Permit
Application for Demolition to the Planning and Building
Department, the applicant shall pay a filing fee in accord-
ance with Resolution No. 88-1536 or any subsequent
modifications to that resolution. The applicant also shall
pay a fee for an Initial study as required by the
California Environmental Quality Act (CEQA), in accordance
with Resolution No. 88-305 or any subsequent modifications
to that resolution."
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t
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AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 15.37 TO THE SAN BERNARDINO MUNICIPAL CODE;
ESTABLISHING POLICIES AND PROCEDURES FOR REVIEW OF BUILDING
PERMIT APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS OR
STRUCTURES AND ESTABLISHING AN HISTORIC PRESERVATION TASK
FORCE.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
18th day of
December
1989, by the following
vote, to wit:
AYES:
Council Members
Estrada, Reilly, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS:
Council Member Flores
JI.BSENT:
None
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City Clerk
The foregoing ordinance is
effective this ;f~~
hereby approved and
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becomes
day of
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Approved as to form
and legal content:
James P. Penman
City Attorney
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By: Jtf'l~" / .j'c' b/'7Y,"",-
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mkf/12/14/89
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