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HomeMy WebLinkAbout38-Planning and Building ~~,_._~----,.. Yo! CITY OF SAN BERNOIDINO - REQUEST lOR COUNCIL ACTION Fro'!1: Al Boughey, Director Dept: Planning & Building Services Dau: October 31, 1991 Subject: Ordinance Amendment (NO. 91-02) to amend the Urgency Historic Structure Demolition Ordinance (MC-694) Mayor and Common Council Meeting November 18, 1991 Synopsis of Previous Council ection: On June 2, 1989, the Mayor and Common Council adopted the General Plan which includes an Historical Archaeological Resources Element. On December 18, 1989, the Urgency Historic Structure Demolition Ordinance (MC-6941 was adopted. On June 6, 1991, the Legislative Review Committee directed staff to amend MC-694. On October 23, 1991, the Historic Preservation Task Force reviewed the Initial Study and the draft ordinance and recommended its approval to the Mayor and Common Council. Recommended motion: That the hearing be closed and that the Negative Declaration and the Ordinance be adopted. Contlct person: Al Boughey Phone: 384-5357 Supporting dIU attached: Staff Report Ward: Citywide FUNDING REQUIREMENTS: Amount: 25.00 Source: (Acct. No.! 001-171-53150 (Acct. DescriDtionl Professional & Contractual Services I' . j .-:'\ Finence:~ )~y...j J-), Council Notes: . Aoenda Item No 38 !!I.l CITY OF SAN BERNODINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Historic Structure Demolition Ordinance Amendment (No. 91-02) Mayor and Common Council Meeting of November 18, 1991 REOUEST This City initiated amendment to Municipal Code Chapter 15.37 (Urgency Historic Structure Demolition Ordinance, MC-694) is to facilitate the review and processing of demolition permit applications for buildings and structures fifty years old and older. BACKGROUND Historical Preservation Reconnaissance Survey The General Plan, adopted June 2, 1989, includes a Historical and Archaeological Resources Element which provides a basis for historic preservation in the City and requires the development and implementation of a Historic Preservation Program. The development of a Historic Preservation Program involves following a number of steps in accordance with State law. The first step in program development is to locate and identify those buildings and structures in the City that are fifty years old and older. On May 21, 1990, the Mayor and Common Council approved a Consultant Contract Agreement Resolution for the firm Architect Milford Wayne Donaldson, A.I.A., Inc. to conduct a Historic Resources Reconnaissance Survey (Survey) of the city. The Survey was completed in May and the information and Survey document were presented to the Historic Preservation Task Force on June 21, 1991. Program and Historic Resources The Survey provides baseline information regarding the types and locations of resources, representative architectural styles, construction materials and contextual historical themes. It also identifies areas eligible for Historical District and OVerlay Zone designation and areas requiring future Survey consideration. This information has given staff further direction with regard to the development of the Historical Preservation Program by providing a clearer perspective of the City'S historical resources. urgency Historic Structure DemOlition ordinance (MC-694) During the initial stages of program development, it was determined that an interim'method of protecting potential historical resources was needed since several buildings significant 75.0264 Historic structurec:temolition Ordinance Amen~t Mayor and Common Council Meetinq of November 18, 1991 page 2 to the city's history previously had been lost to demolition. On December 18, 1989, the Urgency Historic structure Demolition Ordinance (MC-694) was adopted. MC-694 established the Historic Preservation Task Force and provided for the review of demolition permit applications for buildings and structures fifty years old and older. Since its adoption, MC-694 has been found to contain a number of shortcomings that make the processing of demolition permit applications difficult and cumbersome. On June 6, 1991 the Legislative Review committee directed staff to amend the ordinance. Staff revised MC-694 and first presented the draft ordinance to the Historic Preservation Task Force for their review on June 21, 1991. The Task Force continued the item on their agenda for several meetings to discuss various revisions. In August, it was determined that the condition of urgency no longer existed and that the draft ordinance should be reviewed by the Environmental Review Committee (ERC). The Initial study, prepared by staff, was reviewed by the ERC on October 10, 1991 at which time it was determined that the project would not result in adverse environmental impacts. The ERC recommended that a Negative Declaration be adopted. The public review period for the Initial study and the proposed Negative Declaration began on October 17, 1991 and ended on November 6, 1991. HISTORIC PRBSBRVATION TASK PORCB RBCOKKBNDATION The Task Force reviewed and commented on the Initial Study and the draft ordinance on October 23, 1991 and recommended that the Mayor and Common Council adopt the revised ordinance. ANALYSIS The Amendment proposal As stated, MC-694 has been found to contain certain shortcomings. Some of the more important shortcomings are outlined, as follows: MC-694 requires that all demolition permit applications for buildings or structures fifty years old and older be reviewed to determine potential historical significance and environmental impacts resulting from demolition Bi.~oric 8tructur~olition OrdinaDce Amen~t Kayor aDd Common COUDcil Keeting of November 18, 1991 Page 3 (Section 15.37.060). The ordinance was adopted prior to completion of the Survey and therefore, does not use the Survey information as a method of determining potential historical significance for resources. MC-694 contains detailed procedures which do not allow for adjustments that may be necessary to achieve conformance with changes in city Code and State law (Section 15.31.060 - all). MC-694 does not contain guidelines for preparing Historical Resource Evaluation Reports when required for submittal for a demolition permit application. To address these shortcomings, staff proposes to amend MC-694, as follows: The draft ordinance establishes thresholds for the evaluation of resources that identify levels of potential historical significance. The thresholds are based upon information contained in the Historic Resources Reconnaissance Survey (Section 15.37.045). The draft ordinance describes the review process but does not establish finite procedures thereby allowing for change, as necessary (Section 15.37.060). The draft ordinance establishes information requirements for Historical Resource Evaluation Reports (Section 15.37.050). The draft ordinance contains a provision for persons to appeal submittal requirements to the Historic Preservation Task Force (Section 15.37.070). It should be noted that other changes to the ordinance have been made and are included in this amendment. However, these changes were done primarily for administrative purposes and to maintain internal consistency in light of the more significant changes previously described. MAYOR AND COMMON COUNCIL OPTIONS 1. The Mayor and Common Council may adopt the ordinance. ..~~;'.-""~~.. Historic 8tructure4;L.olition Ordinance Amen~t Mayor and Common Council Meeting of Bovember 18, 1991 page 4 2. The Mayor and Common Council may direct staff to make changes to the ordinance. 1. The Mayor and Common Council may deny the ordinance. RECOMMENDATION Staff recommends that the Mayor and Common Council adopt the Negative Declaration and approve the Historic structure Demolition Ordinance. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Department Attachment 1: Initial Study Exhibit A - Draft Ordinance (not included) Attachment 2: Urgency Historic Structure Ordinance - - . -. ~ ~ ..... - -~ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT INITIAL STUDY lo.. ,. ""ll HISTORIC STRUCTURE DEMOLITION ORDIDlfCE (DEN ORD) Pro;ect OescriDtion: An ordinance of the City of San Bernardino repealing and replacing Chapter 15.37, establishing new policies and provisions for review of Demolition Permit Applications for potentially historic buildings and structures and providing for the continuation of the Historic Preservation Task Force. Pro;ect Location: citywide Date: sept~er 25, 1991 Annlicant's Name and Address: City of San Bernardino 201 North "0" Street San Bernardino, CA 92401 Initial studY prenared bY: Deborah Woldruff Associate Planner ci ty of San Bernardino Department of Planning and Building Service. 300 North "D" Street San Bernardino, CA 92418 .. ATTACHMENT 1 ~-=== PLAN-1.D7 PAGE 1 OF 1 (4-10) o o INITIAL STUDY FOR HISTORIC STRUCTURE DEMOLITION ORDINANCE (DEMO ORD) 1.0 INTRODUCTION This report is provided by the City of San Bernardino as an Initial Study which evaluates the potential environmental impacts resulting from the Historic Structure Demolition Ordinance (Dem Ord). A description of the project is provided in Section 2.0 on the following page. As stated in Section 15063 of the California Environmental Quality Act guidelines, the purposes of an Initial Study are to: 1. Provide the Lead Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration; 2. Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for Negative Declaration; 3. Assist the preparation of an EIR, if one is required, by: (A) Focusing the EIR on the effects determined to be significant, (B) Identify the effects determined not to be significant, and (C) Explaining the reasons for determining that potentially significant effects would not be significant. 4. Facili tate environmental assessment early in the design of a project; 5. Provide documentation of the factual basis finding in a Negative Declaration that a will not have a significant effect environment; for the project on the 6. Eliminate unnecessary EIRs; o o Initial study for Historic structure Demolition OrdinaDce (D.. ordl september 25, 1991 7. Determine whether a previously prepared EIR could be used with the project. As stated in Section 15152 of the CEQA Guidelines, Agencies are encouraged to tier EIRs which they prepare for separate but related projects including general plans, zoning changes and development projects. This approach can eliminate repetitive discussions of the same issues and focus the EIR on the actual issues which require decision at ea~h level of environmental review. Where an EIR has been prepared for a program, plan policy or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent with the program, plan, policy, or ordinance should limit the EIR on the project, as follows: 1. Evaluate those environmental effects which were not examined as significant effects on the environment in the prior EIR. 2. Evaluate those environmental effects which are susceptible tQ substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions, or other means. 3. Tiering under this section shall be limited to situations where the project is consistent with the general plan and zoning of the city of county in which the project would be located. 4. The Initial Study shall be used to decide whether and to what extent the prior EIR is still sufficient for the present project. 5. When tiering is used, the later EIRs or Negative Declarations shall refer to the prior EIR and state where a copy of the prior EIR may be examined. The later EIR should state that the lead agency is using the tiering concept and that the EIR is being tiered with the earlier EIR. On June 2, 1989, the city of San Bernardino adopted a General Plan which established the framework for the future development of the city. An Environmental Impact Report was prepared and certified by the city as part of the review process prior to approval of the General o o xnitial study for Historic structure Deaolition ordinance (Dea Ord) september 25, 1991 ' Plan. As required by CEQA, the General Plan EIR provided a,broad overview of the future growth allowed within the city in accordance with the Plan's vision. It is the intent of this Initial study to tier this project with the certified EIR prepared for the General Plan. The Initial study will determine potential impacts if the Historic Structure Demolition Ordinance is created and whether they were addressed in the General Plan EIR. The Initial study will determine the level of significance for any ~mpacts identified that were not addressed in the General Plan EIR. 2.0 PROJECT DESCRIPTXOB The Historic Structure Demolition Ordinance (Dem Ord) would repeal and replace chapter 15.37, the Urgency Historic structure Demolition Ordinance (MC-694) in the San Bernardino Municipal Code (SBMC). This ordinance would establish new policies and provisions for the review of Demolition Permit Applications for potentially historic buildings and structures and provide for the continuation of the Historic Preservation Task Force. (See Exhibit A, Draft Ordinance) 2.1 Area Characteristics and Background The City has approximately 8,000 buildings and structures that are fifty years old and older that are listed in the Historic Resources Reconnaissance Survey (Survey). These resources generally are located in accordance with the City's historical development patterns. The survey evaluates concentrations of resources and identifies areas eligible for either Historic District or Historic Overlay Zone designation. It also identifies individual resources deemed as having potential historical significance for architectural style and/or cultural considerations. The draft ordinance will establish thresholds of review for the determination of historical significance of resources based upon the survey information. 0 0 .,.. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT . ENVIRONMENTAL IMPACT CHECKLIST A. BACKGROUND San Bernardino Municipal Code Chapter 15.37 Application Number: Hlstoric structure Der.,olition Ordinance Project Description: Ordinance of tr.e City . . . amendino Chapter 15.37; establishinq new policies and ~rov.isions. for revie~l of Demolition Permit apCllica"::ions for potentially historical buildinr,s ana structures; and, continuation of the Historic Preservation Task FOI Location: Ci tV'vide - Environmental Constraints Areas: 11/1'. General Plan Designation: N/A Zoning Designation: N/A B. ENVIRONMENTAL IMPACTS Explain answers, where appropriate, on a separate attached sheet. 1. EIIrth Resources Will the proposal resutt in: Ves No Maybe a. Earth movement (cut and/or fill) of 10,000 cubic yards or more? X b. Development and/or grading on a slope greater )( than 15% natural grade? c. Development within the Alquist-Priolo Special Studies Zone as defined in Section 12.0 - Geologic v & Seismic, Figure 47, of the Cily's General Plan? ,- d. Modnication of any unique geologic or physical feature? ,. ^ e. Development within areas defined for high potential for water or wind erosion as identnied in Section 12.0- Geologic & Seismic, Figure 53, of the Cily's General Plan? ,. ., f. Modnication of a channel, creek or river? X .... e. =:,&==r..u:.u PL,AN-1lI6 PAGE 1 OF _ 111-90) ~ or- """"I g. Development wtthin an area subject to landslides, Ves No Maybe mudslides, liquelaction or other similar hazards as identifl8d in Section 12.0 0 Geologic & Seismic, ~~ Figures 48, 52 and 53 of the Ctty's General Plan? h. Other? X 2. Air RMources: Will the proposal resull in: L Substantial air emissions or an effect upon ambient air quality as defined by AQMD? " " The creation of objectionable odors? v b. _. c. Developmant within a high wind hazard area as ident_ied in Section 15.0. Wind & Fire, Figure 59, of the Ctty's v General Plan? .. 3. Water Re8OUrces: Will the proposal resull in: a. Changes in absorption rates, drainage pattems, or the rate and amount of surlace runoll due to X imparmeable surlaces? b. Changes in the course or llow of llood waters? X c. Discharge into surlace waters or any alleration v of Sl'rlace water qualtty? d. Cha''1lle in the quanttty of qualtty of ground water? .. e. Exposure of people or proparty to flood hazards as identilied in the Federal Emergency Management Agency's Flood Insurance Rate Map, Communtty Panel Number 060281 " and Section 16.0. Flooding, Figure 62, 01 the Ctty's General Plan? y. I. Other? " -. 4. Biological Reaourcea: Could the proposal resull in: L Development within the Biological Resources Management Overlay, as ident_ied in Section 10.0 . Natural Resources, Figure 41, of the Ctty's General Plan? .d. b. Change in the number of any unique, rare or endangered species of plants or their habttat including X stands of trees? c. Change in the number of any unique, rare or v endangered species of animals or their habitat? .. d. Removal 01 viable, mature trees? (6" or grealer) ~.( Other? v e. ., 5. NoJae: Could the proposal resull in: a. Development 01 housing, heal1h care facillties,lChooIs, tibraries, religious facilities or other "noise" aensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior end an Ldn 01 45 dB(A) interior as identilied in Section 14.0. NoIse, Figures 1<< end 14.13 of the Ctty's General Plan? ., to.. ...,j ~~-~~ PL.AH-U6 PAGE 20F _ C11.eDl .A n .~ "'I b. Development of new or expansion of existing industrial, Ves No Maybe commercial or other uses which generate noise levels on areas containing housing, schools, heatth care facil~ies or other sensttive uses above an Ldn of 65 dB(A) exterior X or an Ldn of 45 dB(A) interior? Other? " c. " 6. Land Use: Will the proposal result in: a. A change in the land use as designated on the ,. General Plan? .. b. Development within an Airpon District as identffied in the Air Installation Compatible Use Zone (AICUZ) Repon and X the Land Use Zoning District Map? c. Development within Foothill Fire Zones A & B, or C as X identffied on the Land Use Zoning Districl Map? d. Other? X 7. Man""cIe Hazarda: Will the project: a. Use, store, transpon or dispose of hazardous or toxic materials (including but not limited to oil, ,. pesticides, chemicals or radiation)? -. b. Involve the release of hazardous substances? ,- ... c. Expose people to the potential heatthlsalety hazards? .. .. d. Other? ,.. .. 8. Houalng: Will the proposal: a. Remove axisting housing or create a damand lor additional housing? X b. Other? X 9. Tranaportlltlon I CIrculation: Could the proposal, in comparison with the Circulation Plan as identffied in Section 6.0 . Circulation of the City's General Plan, result in: a. An increase in traffic that is greater than the land use designated on the General Plan? v .. b. Use of existing, or demand lor new, parking facilities/structures? X c. Impacl upon existing public transponation systams? X d. Atteration of present patterns of circulation? X Impacl to rail or air traffic? ,- e. .. f. Increased safety hazards to vahicles, bicyclists or X pedestrians? g. A disjointed pettem of roadway improvements? X h. Signfficant increase in traffic volumes on the roadways or intersections? .. .. j, Other? X .... .... CIIT'I' " _ ....-...0 PlAN.g.D8 PAGE 3 OF _ (11.10) --- PLAN-I.D6 PAGE40F _ 111-10) ~~.!!~= .A o -~ 14. Mandetory Findings of Significance (Section 15065) The CalHornia Environmental Quality Act states that H any of the following can be answered yes or maybe, the project may have a signHicant effect on the environment and an Environmental Impact Report shall be prepered. Yes No Maybe a. Does the project have the potential to degrede the quality of the environment, substantially reduce the habitst of a fish or wildlife species, cause a fish or wlldlle population to drop below seH llUS!aining levels, threalen to eliminate a plant or animal oommunity, reduce the number or restrict the range of a rare or endangered plant or animal or eliminale important examples of the major periods of CaIHornia history " or prehistory? " b. Does the project have the potential to achieve short. term, to the dlsadvantege of long-term, environmental goals? (A short.term impact on the environment is one which oocurs in a relalively brief, definnive period of time while long-term impacts will endure well into the future.) X c. Does the project have impacts which are individually limned, but cumulatively considerable? (A project may impact on two or more seperate resources where the impact on each resource Is relatively small, but where the e1fect of the total of those impacts on the environment Is signHicant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, enher directly or indirectly? X C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (AIIach shaels as necessary.) please refer to attached sheets. .. =:'&~.~L.~.a. PlAN-I.D6 PAGE50F_ (11-tO) o o xnitial study for Historic structure Demolition Ordinance (Dem Ord) september 25, 1991 3 . 0 ERVXRONJlENTAL ASSESSMENT As stated, this Initial study is tiered from the General Plan Environmental Impact Report (EIR) which identifies impacts to historical resources related to General Plan implementation. The EIR discusses the potential loss of historical resources and states that every older and potentially significant building in the developed areas of the city can legally. be replaced by another. In addition, overriding concerns such as public safety may necessitate building demolition. The General Plan policies pertinent to the preservation of historical resources are evaluated in the EIR and found to provide the maximal protection that can be considered legally acceptable. This draft ordinance proposes to continue the Historic Preservation Task Force which was established in the Urgency Historic structure Demolition Ordinance (MC- 694). Under the provisions of MC-694, the Task Force assumes the advisory body role and oversees program development and in a limited way, performs project review by reviewing specified demolition permit applications. No potential impacts regarding the continuance of the Historic Preservation Task Force have been identified. The demolition permit review process described in the draft ordinance provides for the review of specified resources and establishes evaluation thresholds based upon information contained in the city's Historic Resources Reconnaissance survey (Survey). (Refer to Exhibit A, Draft Historic structure Demolition ordinance, Section 15.37.045 Evaluation Thresholds and Reauirements.) The adoption of this ordinance will not create new impacts or intensify those impacts that already exist. Potential impacts resulting from demolition projects would be evaluated in accordance with CEQA and the provisions of this ordinance and mitigated on a case by case basis. 3.1.10 MANDATORY FXHDXNGS OF SXGNXFXCANCE (Section 15065) The project does not have the potential to eliminate important examples of the major periods of california history. Adoption and implementation of the draft - - - j o o . xnitial study for Historic structure Demolition Ordinance (D" Ord) septeaber 25, 1991 ordinance would help to preserve the City's remaining historical resources. This project will not create impacts that are individually limited, but cumulatively considerable. Because the draft ordinance will provide for the review of specified demolition permit applications, any potential impacts can be mitigated on a case by case basis. .- r v ~ D. DETERMINATION . On the basis of this in~ial study, [2j'The proposed project COULD NOT have a sign~icant effect on the environment and a NEGATIVE DECLARA- TION will be prepared. O The proposed project could have a sign~icant effect on the environment, a~hough there will not be a sign~icant effect in this case because the m~igation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. o The proposed project MAY have a sign~icant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA Lo..,,~E. Reed (J~'::'i.;:/.nJ4f IY;IYO(,foy Name a ,tie P{ti.I,tllI~/ltd. lJUi/r:ft,lc-/ SevtLe$ t Cky CyV SignalUre ~ (!J c/ It) / '1/ I Date: ... ..... CfT'f'DI''' ........., CIi"""","_r.:.-cIS PLAN-l.os PAGE_Of=_ (11-10) o 0 ORDINANCE NO. HC 1 2 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 PROVIDING FOR CONTINUATION OF THE HISTORIC PRESERVATION TASK FORCE. 4 5 The Mayor and Common Council of the City of San Bernardino do ordain as follows, 6 7 8 SECTION 1. Chapter 15.37 of the San Bernardino Municipal Code is amended to read as follows: "CHAPTER 15.37 9 10 11 HISTORIC STRUCTURE DEMOLITION ORDINANCE 15.37.010 Findinas and PurDose. The Mayor and Common Council find and declare: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IIII A. The City of San Bernardino General Plan, adopted on June 2, 1989, includes an Historical and Archaeoloqical 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 Proqram. This ordinance will include a section on demolitions. C. Several buildinqs of histor"ical value have already been demolished, includinq the Municipal Auditorium, Antlers Hotel, Carneqie Library and Atwood Adobe and many others which were an irreplaceable part of our heritaqe. D. On December 18, 1989, the Urqency 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 o o 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 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 being completed. for bUildings pre-194 1 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 buil t 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 2 Report - o o 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 - Histor ic 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 regarding 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 o o 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. 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 ExemDted. The demolition of 12 any building or structure fifty (50) 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 Buildinq Official makes a findinq that a buildinq 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. ~ 24 15.37.045 Evaluation Thresholds and Reauirements. 25 Buildinqs and structures fifty (50) years old or older shall be 26 evaluated to determine historical siqnificance in accordance with 27 the following thresholds and requirements which are based upon the 28 Historic Resources Reconnaissance Survey (Volumes 1-5 and 4 o o 1 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 (DPRI 523 Form (Vol ume 3, Appendix B. Resource List and DPR Forms I 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.). 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 2 A. 3 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 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 o o 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 regular intervals (as determined by the Task Force and prior to the expiration of the appeal period after a determination is madel, the Task Force shall be notified in writing of all determinations made in accordance with thresholds B. and c. 15.37.050 Historic Resource Evaluation Reoort. 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 20 F. Statement of Significance 21 G. Alternatives to Demolition (such as Retention, 22 Relocation, Rehabilitation, Restoration and Adaptive 23 Reuse) 24 H. Conclusions 25 I. Recommendations 26 J. Mitigation 27 K. Archival Documentation (Appendicesl 28 IIII 6 . o o 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 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 Reqister 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 meet the professional qualification standards for the field of Historic Preservation as described in the Federal Register. 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, IIII 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 o o 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 a o o 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 following 19 compliance with the provisions of this Chapter and all 20 other City requirements. 21 22 15.37.070 Aooeals. 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 9 o o action for which an appeal is made. The written appeal shall include the reason(s) why the potential resource should be exempt from or subject to the provisions of this ordinance. 1 2 3 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15.37.080 Severability. 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 remaininq 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._ 15.37.085 Penalty, Any person, firm or corporation. whether as principal, aqent, employee, or otherwise, violatinq or causinq the violation of any of the provisions of this Chapter is quilty 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. 10 o o 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 o I o 1 2 3 4 5 6 7 8 9 10 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 foreqoinq ordinance was dUly adopted by Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1991 by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ 11 12 MINOR MAUDSLEY 13 14 15 16 POPE-LUDLAM MILLER 17 18 19 20 21 22 23 Approved as to form and legal content: 24 25 26 27 28 City Clerk The foregoing ordinance is hereby approved this day of . 1991. W.R. Holcomb, Mayor City of San Bernardino JAMES F. PENMAN, ~~ B . 4. . - 12