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HomeMy WebLinkAbout33-Planning & Building CITY.OF SAN BER.RDINO - REQUEST .R COUNCIL ACTION From: . . _'. '\iL nfH~s~oric Structure Demolition Al Boughey, DJ.rector REC Q. ..r&iu,,"CY. 6rdJ.nance ,.. r-" 4' !'"'Q Planning & Building Servicq~2 JAN2MaYbr'a~d Common Council Meeting February 3, 1992 Dept: Date: January 23, 1992 Synopsis of Previous Council action: November 18, 1991 - The Mayor and Common Council approved the Historic Structure Demolition Ordinance and it was laid over for final adoption. December 2, 1991 - The Mayor and Common Council tabled the Historic Structure Demolition Ordinance for 30 days. January 6, 1992 - The Mayor and Common Council continued the Ordinance so that staff and Economic Development Agency could develop options for simplifying the review process for demolition permit applications. Recommended motion: That the Mayor and Co~~on Council continue this item to March 16, 1992 to enable staff to complete a detailed proposal outlining options and recommendations. dZ B~. JU: J Signature Al Boughey Contact person: Al Boughey Phone: 384-5357 Supporting data attached: None Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtionl Finance: Council Notes: 7"_0?6? Aaenda Item No. 33 CITY OF SAN BERN4DINO - REQUEST F. COUNCIL ACTION STAFF REPORT SUBJECT Historic structure Demolition Ordinance Mayor and Common council Meeting of February 3, 1992 REOUEST Staff is requesting that the Mayor and Common council continue this item until March 16, 1992. At that time, staff will bring forward a detailed proposal which will include options and recommendations for the Mayor and Common council's consideration. BACKGROUND On November 18, 1991, the Mayor and Common council approved the Historic structure Demolition Ordinance and it was laid over for final adoption. During the second readit:\g of the ordinance on December 2, 1991, the Mayor and Common Council decided to table- the item for 30 days so that staff could work with the Economic Development Agency CEDA) determine methods for simplifying the review process for Demolition Permit Applications. Due to time limitations, staff and the EDA were unable to meet and discuss the issues during December 1991. As a result, staff requested that the item be continued from January 6, 1992 to February 3, 1992. On Friday, January 17, 1992, the Planning Division and EDA staff discussed several issues relating to the application process, processing time frames and staff constraints. Also discussed were issues related generally to the development of the Historic Preservation Program and its implementation. The result is that staff has tentatively identified some options for changing the application process. However, further evaluation of these options would enable staff to prepare a more detailed proposal with options and recommendations for the Mayor and Common Council's consideration. RECOMMENDATION Staff recommends that the Mayor and Common council continue this item to March 16, 1992 to enable staff to prepare a detailed proposal outlining options and recommendations for changing the review process for Demolition Permit Applications. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Department .0264 . . ORDINAlfCE NO. "C 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE: ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT 3 APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES AND 4 PROVIDING FOR CONTINUATION OF THE HISTORIC PRESERVATION TASK FORCE. 5 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 6 7 Municipal Code is amended to read as follows: 8 SECTION 1. Chapter 15.37 of the San Bernardino "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 F i ndi nas and PurDose. The Mayor and Common Council find and declare: A. The City of San Bernardino General Plan. adopted on June 2. 1989, includes an Historical and Archaeological Resources Element which provides a basis for historic preservation in the City of San Bernardino. B. An Historic Preservation Ordinance is required to be completed as part of the development of the Historic Preservation Program. This ordinance will include a section on demolitions. C. Several buildings of historical value have already been demolished. including the Municipal Auditorium. Antlers Hotel, Carnegie Library and Atwood Adobe and many others which were an irreplaceable part of our heritage. D. On December 18. 1989, the Urgency Historic Structure Demolition Ordinance (MC-694) was adopted. MC-694 provided for the establishment of the Historic Preservation Task Force and for the review of Demolition 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 Permit applications structures. E. Prior to the adoption of MC-694, the City had no provision for the review of Demolition Permit applications for potentially historic buildings or structures. F. For clarification, it is provisions for the review applications for potentially structures. G. By imposing the requirements of the amended Historic Structure Demol i tion Ordinance, the City will have a provision which facilitates a more efficient and effective method of review for Demolition Permit applications while the Historic Preservation Program is beinq completed. for buildings pre-1941 and necessary to amend the of Demoll tion Permit historic buildinqs and 15.32.020 Definitions. For the purpose of carrying out the intent of this Chapter. the words, phrases and terms set forth herein shall be deemed to have the meaning ascribed to them in this Chapter. Building - Any structure having a roof and wall s built and maintained to shelter human activity or property. Demolition - To destroy any bUildinq or structure so that it is no longer standing or functional. Historic Resource Evaluation Report. a report that evaluates the historical significance of Report - 2 . . 1 a resource based upon established criteria. 2 Resource - A buildinq or structure as defined in this 3 Chapter. 4 Structure - A structure is a work made up of independent 5 and interrelated parts that performs a primary 6 function unrelated to human shelter. 7 Survey - Historic Resources Reconnaissance Survey 8 (Volumes 1-5 and Attachments. April 30. 1991 9 and all subsequent revisions). a citywide 10 survey of buildings and structures constructed 11 prior to December 31. 1941 which provides 12 baseline information reqarding the types and 13 locations of resources, approximate 14 construction dates, representative 15 architectural styles, construction materials, 16 and contextual historical themes. 17 Task Force - The Historic Preservation Task Force, a 18 committee appointed by the Mayor and Common 19 Council to oversee the Historic Preservation 20 Program and ordinance and to review all 21 Demolition Permit applications that require 22 their review in accordance with the provisions 23 of this Chapter. 24 25 15.37.025 Historic Preservation Task Force. The Historic 26 Preservation Task Force (Task Force) was established by MC-694 and 27 the Task Force members were appointed by the Mayor with the 28 concurrence of the Common Council. Under the provisions of this 3 . . 1 Chapter, the Task Force shall continue to oversee the Historic 2 Preservation Proqram and Ordinance, review specified Demolition 3 Permit applications and perform other duties as established by the 4 Mayor and Common Council. This Task Force shall exist until the 5 Mayor and Common Council determine that it is no lonqer needed. 6 7 15.37.035 Demolition Prohibited. No building or structure 8 fifty (50) years old or older shall be demolished unless a valid 9 Demolition Permit has been issued in accordance with this Chapter. 10 11 15.37.040 Danaerous Buildinas Exempted. The demolition of 12 any building or structure fifty (50l years old or older shall be 13 exempt from the provisions of this Chapter if findinqs have been 14 made by the Board of Building Commissioners pursuant to the 15 provisions of Chapter 8.30, Public Nuisances and Chapter 15.28, 16 Danqerous Buildinqs, of the Municipal Code. In such instances, the 17 building or structure is exempt from the provisions of this Code 18 and a Demolition Permit may be issued. 19 If the Buildinq Official makes a finding that a building is 20 dangerous pursuant to summary abatement procedures of Chapter 15.28 21 of the Municipal Code, the buildinq is exempt from the provisions 22 of this Code and a Demolition Permit may be issued. 23 24 15.37.045 Evaluation Thresholds and Reauirements. 25 Buildings and structures fifty (50l years old or older shall be 26 evaluated to determine historical significance in accordance with 27 the followinq thresholds and requirements which are based upon the 28 Historic Resources Reconnaissance Survey (Volumes 1-5 and 4 . . 1 Attachments, April 30. 1991 and all subsequent revisions), 2 A. A Historic Resource Evaluation Report (Report) shall be 3 required for any resource identified on a modified California Department of Parks and Recreation (DPR) 523 Form (Volume 3. Appendix B, Resource List and DPR Forms) or located within an area identified as being potentially eligible for Historic District designation and listed as a contributing resource (Volume 3, Appendix C, Historic Distr icts and Over lay Zones. Items 1. through 4.). Any resource located in a new area identified by the Mayor and Common Council as being potentially eligible for Historic District designation and listed as a contributing resource shall also be subject to the provisions of this subsection. A Historic Resource Evaluation Report may be required for any resource listed on the Tabular List and located within the boundaries of an area identified in the Survey as being potentially eligible for Historic Overlay Zone designation (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 5. through 13.). Using the criteria established in Section 15.37.055 of this Chapter, the Director of Planning and Building Services shall evaluate demolition permit appl ications for these resources to determine the requirement for a Report. Any resource located in a new area identified by the Mayor and Common Council as being potentially eligible for Historic Overlay Zone designation shall also be subject to the provisions of this subsection. Demolition Permit applications for buildings and structures which are listed only on the Tabular List or not included in 5 4 5 6 7 8 9 10 11 12 13 14 B. 15 16 17 18 19 20 21 22 23 24 25 26 27 c. 28 . . the Survey shall not require a Report unless the Task Force determines that further study is required based upon new, histor ical or cultural information not contained in the Survey. When required, Historic Resource Evaluation Reports shall be prepared in accordance with Section 15.37.050 of this Chapter. At reqular intervals (as determined by the Task Force and prior to the expiration of the appeal period after a determination is made), the Task Force shall be notified in wr i tinq of all determinations made in accordance with thresholds B. and C. 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 15.37.050 Historic Resource Evaluation Report. A Historic Resource Evaluation Report required as a submittal for a Demolition Permit application shall contain the following elements: A. Purpose and Scope B. Methods of Evaluation: Field and Archival C. Location and Setting D. Architectural Description of the Resource E. Historical Backqround F. Statement of Significance G. Alternatives to Demolition Relocation, Rehabilitation, Reuse) H. Conclusions I. Recommendations J. Mitiqation K. Archival Documentation (Appendices) ( such as Restoration Retention, and Adaptive 6 . . The Statement of Significance element (Item F. above) shall be made using the cr iter ia listed in Section 15.37.055 of this Chapter and the National Register criteria for evaluation and shall include a discussion of the related historical contextual themes. The archival documentation (Item K. above) of the resource shall include a completed DPR 523 Form and archival quality photo documentation. This information shall be included as an appendix to the Report. Preparation and submittal of the Report shall be the responsibility of the applicant. All Reports shall be prepared by consultants who ~eet the professional qualification standards for the field of Historic Preservation as described in the Federal 1 2 3 4 5 6 7 8 9 10 11 12 13 Register. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IIII of Historical Criteria for Determination 15.37.055 Sianificance. 1. The building or structure has character, interest or value as a part of the heritage of the City of San Bernardino; or, 2. The location of the building or structure is the site of a significant historic event; or, 3. The building or structure is identified with a person(s) or group(s) who significantly contributed to the culture and development of the City of San Bernardino; or, 4. The building or structure exemplifies a particular architectural style or way of life important to the City; or, 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 . . 5. The buildinq or structure exemplifies the best remaininq architectural type in a neiqhborhood; or, 6. The buildinq or structure is identified as the work of a person whose work has influenced the heritaqe of the City, the State or the United States; or, 7. The buildinq or structure reflects outstandinq attention to architectural desiqn, detail, materials or craftsmanship, or, B. The buildinq or structure is related to landmarks or historic districts and its preservation is essential to the inteqrity of the landmark or historic district; or, 9. The unique location or sinqular physical characteristics of the buildinq or structure represent an established and familiar feature of a neiqhborhood; or, 10. The buildinq. structure or site has the potential to yield historical or archaeoloqical information. 15.37.060 Review Process. 1. The Environmental Review Committee (ERC) Review - An Initial Study (pursuant to the California Environmental Quality Act) shall be prepared for a Demolition Permit application when a Historical Resource Evaluation Report is required in accordance with Section 15.37.045, Subsections A.- C. of this Chapter. The Report shall be included as an attachment to the Initial Study. The Initial Study shall be reviewed by the ERC for an environmental determination. Followinq the ERC B . . 1 review, the application shall be reviewed by the Task 2 Force. 3 2. The Task Force Review - The Task Force shall review a 4 Demolition Permit application to determine the historical 5 significance of the resource based upon the criteria set 6 forth in Section 15.37.055 of this Chapter. The Task 7 Force may also consider the National Register criteria 8 for evaluation. Based upon the criteria in Section 9 15.37.055, the Task Force may stay the issuance of the 10 Demolition Permit for a period of up to ninety (90) days. 11 During this time, the Task Force shall pursue methods of 12 retention through rehabilitation, relocation and/or reuse 13 or other alternatives to demolition. 14 The Task Force shall take action to grant or deny 15 the Demolition Permit within the stay period specified. 16 If the Task Force approves the Demolition Permit 17 application. the Demolition Permit may be issued in 18 accordance with the Task Force action and followinq 19 compliance with the provisions of this Chapter and all 20 other City requirements. 21 22 15.37.070 Appeals. Any person may appeal the decisions 23 pursuant to this Chapter of the Director of Planning and Buildinq 24 Services to the Task Force. Decisions of the Task Force pursuant 25 to this Chapter may be appealed to the Mayor and Common Council. 26 An appeal must be submitted in writing with the required 27 appeal fee (if applicable) to the Planning and Buildinq Services 28 Department within fifteen (15) days following the final date of the 9 . . 1 action for which an appeal is made. The written appeal shall 2 include the reason(s) why the potential resource should be exempt 3 from or subject to the provisions of this ordinance. 4 5 15.37.075 Inconsistent Provisions. Any section of the 6 Municipal Code or amendments thereto inconsistent with the 7 provisions of this ordinance to the extent of such inconsistencies 8 and no further is hereby superseded or modified by this ordinance 9 to the extent necessary to effectuate the provisions of this 10 ordinance. 11 12 15.37.080 Severability. If any section, subsection, 13 sentence, clause or phrase or any portion of this ordinance is for 14 any reason declared invalid or unconstitutional, such decision 15 shall not affect the validity of the remaining portions of the 16 ordinance. The Mayor and Common Council, hereby, declare that it 17 would have adopted this ordinance and each and every section, 18 subsection, sentence, clause or portion thereof irrespective of the 19 fact that phrase, or any portion thereof would be subsequently 20 declared invalid or unconstitutional. 21 22 15.37.085 Penalty. Any person, firm or corporation, 23 whether as principal, agent, employee, or otherwise, violating or 24 causing the violation of any of the provisions of this Chapter is 25 guilty of a misdemeanor, which upon conviction thereof is 26 punishable in accordance with the provisions of Section 1.12.010 of 27 this Code in addition to any other civil or administrative 28 remedies. 10 . . .... 1 15.37.090 Fees. Upon submittal of a Demolition Permit 2 application to the Planning and Building Services Department. the 3 applicant shall pay all applicable Planning Division fees as 4 adopted by the Mayor and Common Council for an Initial Study and 5 for the Historic Preservation Task Force review. The applicant 6 shall pay all required Building Safety Division fees as adopted by 7 the Mayor and Common Council prior to issuance of a Demolition 8 Permit." 9 IIII 10 IIII 11 IIII 12 IIII 13 IIII 14 IIII 15 IIII 16 IIII 17 IIII 18 IIII 19 IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII 11 . . 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE...ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES AND PROVIDING FOR CONTINUATION OF THE HISTORIC PRESERVATION TASK FORCE. I HEREBY CERTIFY that the foregoing ordinance was dul y adopted by Mayor and Common Council of the City of San Bernardino meeting thereof, held on the day of at a , 1991 by the following vote, to wit: ABSTAIN ABSENT Council Members AYES NAYS ESTRADA REILLY HERNANDEZ MAUDSLEY 12 MINOR 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1991. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, ~ B. <-4J - 12