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HomeMy WebLinkAbout33-Planning and Building ClTY.OF SAN BERrORDINO - REQUEST OR COUNCIL ACTION From: . . ~__n~istoric Structure Demolition Al Boughey, D~rector REC'O. - ..llltiDJllCl" 6rdinance Planning & Building Servic~~2 J~2~aYSr~a~~ 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. {~ 13~ n.t Signature Al Boughey Contect person: Al Boughey Phone: 384-5357 Supporting data attached: None Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.l (Acct. Descriotion) Finance: Council Notes: ':l,"< CITY OF SAN BERNJ()DINO - REQUEST FO 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 reading 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 Wo1druff, Associate Planner for A1 Boughey, Director Planning and Building Services Department o 0 ORDINAKCE NO. JiC 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 6 7 8 9 10 11 12 13 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. "CHAPTER 15.37 HISTORIC STRUCTURE DEMOLITION ORDINANCE 15.37.010 F indinas and Purpose. The Mayor and Common Council find and declare. A. The City of San Bernardino General Plan, adopted on June 2, 1989, includes and Archaeoloqical an Historical 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IIII 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 incl ude a section on demolitions. C. Several buildings of historical value have already been demolished, includinq the Municipal Auditorium, Antlers Hotel, Carnegie Library and Atwood Adobe and many others which were an irreplaceable part of our heritaqe. D. On December 18, 1989. the Urgency Historic Structure Demolition Ordinance IMC-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 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 being completed. 15.32.020 Definitions. For the purpose of carryinq 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 building or structure so that it is no longer standing or functional. Historic Resource Evaluation Report, a report that evaluates the historical siqnificance 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 - 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 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 Exemoted. 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 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. ~ 24 15.37.045 Evaluation Thresholds and Reauirements. 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 4 o o 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 (Vol ume 3, Appendix B, Resource List and DPR Forms) or 6 located within an area identified as beinq potentially 7 eliqible for Historic District desiqnation and listed as a 8 contributinq resource (Volume 3, Appendix C, Historic 9 Districts and OVerlay Zones, Items 1. throuqh 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 contributinq 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 beinq 17 potentially eliqible for Historic OVerlay Zone desiqnation 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 BUildinq 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 beinq 25 potentially eliqible for Historic Overlay Zone desiqnation 26 shall also be subject to the provisions of this subsection. 27 C. Demolition Permit applications for bUildinqs and structures 28 which are listed only on the Tabular List or not included in 5 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 Survey shall not require a Report unless the Task Force determines that further study is required based upon new, histor ical or cuI tural 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. 15.37.050 Historic Resource Evaluation ReDort. 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 1111 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 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 Register. Criteria for Determination of Historical 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, 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 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, 8. 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 orarchaeoloqical 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 8 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 ADDeals. 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 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 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 remaininq 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. 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. 21 22 15.37.085 Penalty. Any person, firm or corporation. 23 whether as principal, aqent. employee, or otherwise, violatinq or 24 causinq the violation of any of the provisions of this Chapter is 25 qUilty 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 o o ~ 1 15.37.090 Fees. Upon submittal of a Demolition Permit 2 application to the Planninq and Buildinq Services Department, the 3 applicant shall pay all applicable Planninq 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 I I I I 11 IIII 12 I I I I 13 I I I I 14 IIII 15 I I I I 16 I I I I 17 I I I I 18 I I I I 19 I I I I 20 IIII 21 I I I I 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII 11 o o 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. 1 2 3 4 5 6 7 Council Members 8 9 I HEREBY CERTIFY that the foreqoinq ordinance was duly adopted by Mayor and Common Council of the City of San Bernardino held on the meetinq thereof. day of at a . 1991 by the followinq vote, to wit: ABSTAIN AYES NAYS ABSENT ESTRADA REILLY 10 HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 18 19 20 21 22 23 Approved as to form and leqal content: 24 25 26 27 28 City Clerk The foreqoinq ordinance is hereby approved this day of . 1991. W.R. Holcomb. Mayor City of San Bernardino JAMES F. PENMAN. ~ B ,4 . ~ - 12