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CITY OF SAN BE.oARDINO - REQUES'lOOR COUNCIL ACTION
From: 1'.1 Boughey, Director
Subject:
Historic Structure Demolition
Ordinance
Dept: Planning & Building Services'
Mayor and COIT~on Council Meeting
January 6, 1992
Date: December 13, 1991
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.
Recommended motion:
That the Mayor and Common Council continue this ordinance
until February 3, 1992 to enable staff to work with the
Economic Development Agency on options for simplifying
the review process for demolition permit applications.
S' nature
Al Boughe , Director
Al Boughey
Phone:
384-5357
Contact person:
Supporting data attached:
None
Ward:
Citywide
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.!
(Acct. Descriotion)
Finance:
Council Notes:
Anonrl<::l l'torn r\ln
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ORDINANCE NO. "C
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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.
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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:
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"CHAPTER 15.37
HISTORIC STRUCTURE DEMOLITION ORDINANCE
15.37.010
Findinqs and PurDose.
The Mayor and Common
Council find and declare:
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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
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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
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 Program is
beinq 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.
Historic Resource Evaluation Report, a report
that evaluates the historical significance of
Report -
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1 a resource based upon established criteria.
2 Resource - A building 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 pr ior to December 31, 1941 which provides
12 baseline information regarding the types and
13 I oca t ions 0 f reso urces , appr oxima t e
14 construction dates, representative
15 architectural styles, construction materials,
16 and contextual historical themes.
17 Task Force - The Historic Preservation Task Force, a
18 commi ttee 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.
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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
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1 Chapter, the Task Force shall continue to oversee the Historic
2 Preservation Program 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 longer needed.
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7 15.37.035 Demolition Prohibited. No building or structure
8 fifty (SOl years old or older shall be demolished unless a valid
9 Demolition Permit has been issued in accordance with this Chapter.
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11 15.37.040 Danaerous Buildinas Exempted. The demolition of
12 any building or structure fifty (SOl years old or older shall be
13 exempt from the provisions of this Chapter if findings 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 Dangerous Buildings, 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 Building 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 building is exempt from the provisions
22 of this Code and a Demolition Permit may be issued.
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24 15.37.045 Evaluation Thresholds and Requirements.
25 Buildings and structures fifty (50) years old or older shall be
26 evaluated to determine historical significance in accordance with
27 the following thresholds and requirements which are based upon the
28 Historic Resources Reconnaissance Survey (Volumes 1-5 and
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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
4 California Department of Parks and Recreation (DPR) 523 Form
5 (Volume 3, Appendix B, Resource List and DPR Forms) or
6 located within an area identified as being potentially
7 eligible for Historic District designation and listed as a
8 contributing resource (Volume 3, Appendix C, Historic
9 Distr icts and Over lay Zones, Items 1. through 4.). Any
10 resource located in a new area identified by the Mayor and
11 Common Council as being potentially eligible for Historic
12 District designation and listed as a contributing resource
13 shall also be subject to the provisions of this subsection.
14 B. A Historic Resource Evaluation Report may be required for
15 any resource listed on the Tabular List and located within
16 the boundaries of an area identified in the Survey as being
17 potentially eligible for Historic Overlay Zone designation
18 (Volume 3, Appendix C, Historic Districts and Overlay Zones,
19 Items 5. through 13.). Using the criteria established in
20 Section 15.37.055 of this Chapter, the Director of Planning
21 and BUilding Services shall evaluate demolition permit
22 applications for these resources to determine the
23 requirement for a Report. Any resource located in a new
24 area identified by the Mayor and Common Council as being
25 potentially eligible for Historic Overlay Zone designation
26 shall also be subject to the provisions of this subsection.
27 c. Demolition Permit applications for buildings and structures
28 which are listed only on the Tabular List or not included in
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the Survey shall not require a Report unless the Task Force
determines that further study 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.
At regular 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 writing of all
determinations made in accordance with thresholds B. and C.
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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 Background
F. Statement of Significance
G. Alternatives to Demolition
Relocation, Rehabilitation,
Reuse)
H. Conclusions
I. Recommendations
J. Mitigation
K. Archival Documentation (Appendices)
( such as
Restoration
Retention.
and Adaptive
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The Statement of Significance element (Item F. above) shall
be made using the criteria 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 lItem 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 meet the professional qualification standards for
the field of Historic Preservation as described in the Federal
Register.
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15.37.055
Criteria
for
Determination
of
Historical
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,
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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. 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. Following the ERC
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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 cr iter ia 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 Dur ing this time. the Task Force shall pursue methods of
12 retention through rehabil i tat ion , 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 following
19 compliance with the provisions of this Chapter and all
20 other City requirements.
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22 15.37.070 Appeals. Any person may appeal the decisions
23 pursuant to this Chapter of the Director of Planning and Building
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 Building Services
28 Department within fifteen (15) days following the final date of the
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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.
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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.
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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 inval id 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.
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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.
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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 Demol i tion
8 Permit."
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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 duly
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:
Council Members
NAYS
AYES
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
HAUDSLEY
MINOR
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,
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B . _~
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