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HomeMy WebLinkAboutS05-Planning & Building CI" OF SAN BERNARDF - Ri!QU.T FOR COUNCIL AC"'N > .From: Larry E. Reed Subject: Director of Planning and Building Dept: Planning Date: December 18, 1989 Urgency Historic Structure Demolition Ordinance Hayor and Council ~'!eeting of December 18, 1989, 2:00 p.m. Synopsis of Previous Council action: On June 2, 1989, the Mayor and Common Council adopted the General Plan with an Historic Preservation Element. Recommended motion: That the Mayor and Common Council adopt the Urgency Historic Structure Demolition Ordinance. r~~? Signature Contact person: Larry E. Reed Phone: 384-5057 Ward: City-wide Supporting data attached: Staff Report FUNDING REQUIREMENTS: Amount: N / A Source: (Acct. No.) (Acct. Description) Finance: I Council Notes: 75-0262 Agenda Item No. 6~ qJY OF SAN BERNAR",O - REQuesT FOR COUNCIL A~ON STAFF REPORT Subject: Urgency Historic structure Demolition Ordinance Mayor and Council Meeting of December 18, 1989 REOUEST Planning staff is council adopt the lition Ordinance. requesting that Interim Urgency the Mayor and Common Historic Structure Demo- BACKGROUND On June 2, 1989, the Mayor and Council adopted the General Plan with the inclusion of an Historic Preservation Element. As required by said Element, an Historic Preservation Program, and ordinance will outline procedure for the review of Building Permit applications for demolition of potentially historic buildings and structures. An integral part of program development will include an inventory of all such buildings. Currently, the procedure for reviewing Building Permit applications for demolition has no provision for buildings and structures having potential historical value. Several buildings of historical value have already been demolished. These include the Municipal AUditorium, Antlers Hotel, Carnegie Library, Atwood Adobe, and many others which were an irreplaceable part of our history. Other such buildings may be demolished prior to completion of the Historic Preservation Program. Therefore, it is necessary to establish an interim review procedure in order to determine and document the significance of a structure and whether demolition is appropriate before such building or structure is demolished. The Historic Preservation Element requires also that an Historic Preservation Commission be appointed by the Mayor to oversee the Historic Preservation Program. until the Commission is appointed, a Task Force having guasi-judicial powers will oversee the initial development phase of the Program. Staff has prepared and attached a draft of the ordinance (See Exhibit 1). On November 22, 1989, the Legislative Review Committee reviewed the draft ordinance and recommended adoption by the Common Council. This item must be heard on the Council's Supplemental because potentially historic buildings or structures demolished before the next regular Council meeting. Agenda may be OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL The Mayor and Common Council may adopt or deny the ordinance or continue the item to the next regular agenda meeting. 75-0264 . .. URGENCY HISTORIC STRUCTURE DEMOLITION ORDINANCE . MAYOR AND COUNCIL MEETING OF DECEMBER 18, 1989 PAGE 2 RECOMMENDATION Staff recommends that the Mayor and Common Council adopt the Interim Urgency Historic Structure Demolition Ordinance. Prepared by: Deborah Woldruff, Planner II for Larry E. Reed, Director of Planning and Building Draft Interim Urgency Historic Structure Demo- lition Ordinance Exhibit A- mkf M&CCAGENDA:HISTORICDEMO . . . . . 'I i I I I I AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.37 TO THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING POLICIES AND PROCEDURES FOR REVIEW OF BUILDING PERMIT APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS OR I STRUCTURES AND ESTABLISHING AN HISTORIC PRESERVATION TASK I FORCE. II I I ORDINANCE NO. 2 3 4 5 The Mayor and Common Council of the City of San Bernar- 6 7 Idino do ordain as follows: 8 SECTION 1. Chapter 15.37 is added to the San Bernardino 9 Municipal Code to read as follows: JO 11 "CHAPTER 15.37 12 13 INTERIM URGENCY HISTORIC STRUCTURE DEMOLITION ORDINANCE 14 15 Findinqs and Purpose. The Mayor and 15.37.010 ]6 Common Council find and declare: 17 18 A. The City of San Bernardino General Plan adopted on 19 June 2, 1989 includes an Historical and Archaeo- 20 logical Resources Element which provides a basis 21 for historic preservation in the City of San 22 Bernardino. 23 24 B. An Historic Preservation Ordinance is required to 25 be completed within 18 months of adoption. This 26 ordinance will include a section on demolitions. 27 28 il . .1 2 3 4 ii <I II 5 6 7 8 9 JO 11 12 13 14 15 J6 17 18 19 20 21 22 23 24 25 26 27 28 . -----r . . C. The city has a procedure for review of building permit applications for demolition. However, there is no review procedure for such applications which deal with structures or buildings that are poten- tially historic. D. Several buildings of historical value have already been demolished. These include the Municipal AUditorium, Antlers Hotel, Carnegie Library and Atwood Adobe and many others which were an irreplaceable part of our heritage. E. It is, therefore, necessary to establish an interim procedure to review building permit applications for demolition of potentially historic structures constructed prior to 1941. The review shall determine significance of a building or structure and whether demolition is appropriate. Without such a review of building permit applications for demolition, other historic buildings or structures may be destroyed without any determination of significance or documentation. F. By imposing the requirements of the Interim Urgency Historic Structure Demolition Ordinance, the City will have a procedure for reviewing building permit applications for demolition while the Historic Preservation Program is being completed. 2 . 1 2 3 4 5 il 6 I' I i: 7 I, I, " I 8 !! I I: 9 10 11 12 1J 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . G. This ordinance imposes standards on an urgency basis and is necesary to protect against a current and immediate threat to the pUblic's health, safety and welfare for the reasons stated above. The demolition of potentially historic buildings or structures under City's the current zoning ordinances, would result in a threat to public health, safety, or welfare. 15.32.020 Effective Date. shall This ordinance become effective upon the date of adoption. 15.32.030 Definitions. For the purpose of carrying out the intent of this chapter, the words, phrases and terms set forth herein shall be deemed to have the meaning ascribed to them in this chapter. Building - Means any structure having a roof and walls built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. Demolition - To cause to be destroyed any building or structures so that it is no longer standing. 3 . . . 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 10 temporary committee appointed the by 11 j: II I I I I I 15.37.035 Historic Preservation Task Force This ordinance hereby establishes a Historic !preservation Task Force whose members shall be appointed by I ithe Mayor Task Force shall oversee the Mayor to oversee the Historic Preserva- 12 tion Program and ordinance and review all n applications for demolition. ]4 15 16 17 18 with the concurrence of the Common Council. This 19 Historic Preservation Program 20 and Ordinance and review all applications for demolition of 21 buildings or structures constructed prior to 1941 and other 22 duties as established by the Mayor and Common Council. This 23 Task Force shall exist until a Historic Preservation 24 commission is established by the Mayor and Common Council. 25 1/ I I 26 //1/ 27 IIII II/I 28 4 . II L I Ii I .1 I 2 3 ! I 4 i. II 5 6 I 7 8 9 JO II 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 . . . 15.37.040 Demolition Prohibited No building or structure constructed prior to 1941 shall be demolished unless a valid Building Permit for Demolition has been issued in accordance with this chapter. 15.37.050 Public Nuisance Exempted The demolition of any structure constructed prior to 1941 shall be exempt from the provisions of this chapter if a finding of public nuisance has been made by an official of the Building and Safety Department pursuant to the provisions of Chapters 8.30 or 15. 28. In such instances, an applicant may be issued a Building Permit for Demolition with the permission of the Director of Planning and Building. 15.37.060 Procedure The following outlines the procedure for review of demolition applications for buildings or structures constructed prior to 1941: 1. An application for Building Permit for Demolition shall be submitted to the Department of Building and Safety and referred to the Planning Department and shall include the year built, as closely as determined, a clear color photograph (minimum size 3 1/2" x 5"), and any documentation on the history of the house. Planning Department shall The prepare an Historic Preservation Report using available documentation of the history of the building or structure, to be presented to the Task 5 . Ii '1 il II 2 I! I' , , 3 4 5 , ~ I i! 'I 6 Ii II !I 7 i 8 :i I 9 il il 10 II II Ii II " 12 , , I 13 Force. .. . A state Historic Resources Inventory shall also be completed. 2. The application will be reviewed for completeness 14 15 16 II " " , 17 I 18 I 19 20 4. 21 22 23 24 25 26 27 28 1111 by the Building and Safety Department and shall be referred to the Planning Department to be scheduled for review by the Environmental Review Committee and the Task Force within 30 days of application. The applicant shall be notified in writing 10 days prior to the review. 3 . The Task Force shall review the application Building Permit for Demolition and the Historic Preservation Report. The review shall include the determination of significance of the building or structure based upon the criteria set forth in Section 15.37.070 of this ordinance as well as alternatives to demolition. Alternatives may include rehabilitation, relocation and reuse. The Task Force shall make two findings based upon the criteria established in this ordinance in order to deny any Building Permit Application for Demo- lition. The mandatory findings are: (al The building or structure meets anyone of the criteria listed in section 15.37.070 of this ordinance. 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 I' II I' I, Ii Ii I' Ii I' Ii ii I! ,I Ii Ii " ji II !i 'i I I , . . . (b) The building or structure can be relocated. If a building or structure does not meet finding (a), the Building Permit Application for Demolition may be issued if all other legal requirements are complied with. If the building or structure meets one of the criteria in section 15.37.070, but cannot be relocated due to structural integrity of the building or site conditions, a permit may be issued after the provisions of Section 15.37.060(1) and are other legal requirements are complied with. If the Task Force makes the two findings, it may stay the issuance of a Building Permit Application for Demolition for 90 days. During this time the Task Force must determine significance of the building or structure based upon the criteria set forth in Section 15.37.070 of this ordinance, and methods of retention through rehabilitation, relocation and/or reuse or other alternatives to demolition. 5. The Task Force shall make a decision on the Building Permit Application for Demolition within the 90 day stay of issuance. 6. Anyone may appeal any decision of the Task Force to 7 . -I 2 3 4 5 I I 6 I II 7 il 8 I 9 II 10 I II 12 n 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 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 criteria for Determination of Historical Siqnificance. 1. The building or structure has character, interest or value as a part of the heritage of the City of San Bernardino. 2. The location of the building or structure is the site of a significant historic event. 3. The building or structure is identified with a person or persons or groups who significantly contributed to the culture and development of the City of San Bernardino. 4. The building or structure exemplifies a particular architectural style or way of life important to the City. 8 II . I' , I II 1 11 2 II J il " :i 4 I, I' II 5 ii " 'I 6 il 7 8 9 10 11 12 J3 I' 14 I ]5 II J6 I' 17 18 ]9 20 2] 22 23 24 25 26 27 28 . . . 5. The building or structure exemplifies the best remaining architectural type in a neighborhood. 6. The building or structure is identified as the work of a person whose work has influenced the heritage of the City, the state or the United States. 7. The building or structure reflects outstanding attention to architectural design, detail, mater- ials or craftsmanship. 8. The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district. 9. The unique location or singular physical character- istics of the building or structure represent an established and familiar feature of a neighborhood. 10. The building, structure or site has the potential ,I to yield historical or archaeological information. I' II I I 15.37.080 Documentation. If an historically signifi- I icant building or structure cannot be saved for any reason, a Icomplete written and photo documentation of archival quality IOf the building or structure shall be done by the applicant and shall be submitted to the Planning Department prior to 9 . i 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . the issuance of a demolition permit. . 15.37.090 Inconsistent provisions Any section of the Municipal Code or amendments thereto inconsistent with the such II ::::::::::nc::s t::: no or::::::: i:o h:::byex::::rs::ed II ,I i! modified by this ordinance to that extent necessary ;: , effectuate the provisions of this ordinance. or to 15.37.100 Severabilitv. If any section, subsection, sentence, clause or phrase or any portion of this ordinance I is Ii II declared invalid or unconstitutional, for any reason decision shall not affect the validity of the such remaining portions of the ordinance. The Mayor and Common Council, hereby, declare that it would have adopted this ordinance and each and every section, subsection, sentence, clause or portion thereof irrespective of the fact that phrase, or any portion thereof would be subsequently declared invalid or unconstitutional. 15.37.110 Penaltv Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code in addition to any other civil or administrative remedies. //// II / / 10 . -I 2 3 4 5 I 6 !I 7 I, I' ,I il 8 h II 9 il II 10 I 11 ]2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . 15.37.120 Fees Upon submittal of a Building Permit Application for Demolition to the Planning and Building Department, the applicant shall pay a filing fee in accord- ance with Resolution No. 88-1536 or any subsequent modifications to that resolution. The applicant also shall pay a fee for an Initial Study as required by the California Environmental Quality Act (CEQAl, in accordance with Resolution No. 88-305 or any subsequent modifications to that resolution." II I I I II I II I I IIII I II I II I I III! III! I I! I I II I IIII III! IIII I! I I I I II 1111 II I I I I II I II I 11 1-. 11 . ~ :2 J 4 ~ 6 7 8 9 JO II J2 13 )4 J~ J6 J7 J8 J9 20 2J 22 23 24 2~ 26 27 28 AN URGENCY OAllNANCE OF TH~ITY OF SAN BERNARDINO~ ADDING CHAPTER 15.37 TO THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING POLICIES AND PROCEDURES FOR REVIEW OF BUILDING PERMIT APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS OR STRUCTURES AND ESTABLISHING AN HISTORIC PRESERVATION TASK FORCE. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved and becomes effective this day of , 1989. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James P. Penman City Attorney By: J "' -:(' ~'''-'-:-:, / ." , ,i'_, mkf/12/14/89 j>l&CCFCAGI:r~;.:r7'~.: :~I S?OP..ICDE~.101 12