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HomeMy WebLinkAbout28-Planning and Building CITY OF SAN BER,QRDINO - REQUEST ~R COUNCIL ACTION From: Al Boughey, Director Dept: Planning & Building Services Subject: Historic Structures Demolition Ordinance Mayor and Common Council Meeting March 16, 1992 Date: March 8, 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 the Economic Development Agency could develop options for simplifying the review process for demolition permit applications. February 3, 1992 - The Mayor and Common Council continued this item so that staff could prepare a detailed proposal to change the process for demolition permit applications. Recommended motion: That the Mayor and Common Council direct staff to change the review process as proposed, prepare an ordinance and return to the May 4, 1992 Council Meeting. "gnature Contact person: Al Bouqhey Phone: 384-5357 Supporting data attached: None Ward: Citywide FUNDING REQUIREMENTS: Amount: NIA Source: (Acct. No.) IAcct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No ~& CITY OF SAN BERNODINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Proposed Changes to the Review Process for Demolition Permit Applications Mayor and Common Council Meeting of March 16, 1992 REOUEST Staff is requesting that the Mayor and Common Council consider the recommendation outlined in this Staff Report and direct staff to change the proposed ordinance accordingly. BACKGROUND On November 18, 1991, the Mayor and Common Council approved the proposed 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 (ECA) to 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 February 3, 1992, staff again requested that this item be continued. The Mayor and Common Council granted staff's request with a continuance of six weeks which provided staff the opportunity to prepare a more detailed proposal. The proposed ordinance was prepared because of problems that were identified in the existing Urgency Historic structure Demolition Ordinance (MC-694). Those problems made the processing of Demolition Permit Applications difficult and cumbersome. MC-694, which would have been repealed by the adoption of the proposed ordinance, is still in effect. PROPOSED CHANGES TO THE REVIEW PROCESS During joint meetings between the Planning Division and EDA, staff members discussed a number of issues relating to the application process, processing time frames and staff constraints. As a result 75-0264 !t! o o proposed ChaDqes to the aeview Process for Deaolition Permit Applications Hayor and Common COUDcil xeetinq of March 111, 1"2 paqe 2 of those discussions, some very specific chanqes are proposed. The chanqes, which should simplify the review process for Demolition Permit Applications, are as follows: L The Planninq Commission would assume the project review duties of the Historic Preservation Task Force for Demolition Permit Applications. 2. The Task overseeinq proqram. Based upon information, thresholds. Force responsibilities would be the development of the Historic directed at Preservation 3. the Historic Resources Reconnaissance Survey a new ordinance would establish evaluation (See Attachment 2, Evaluation Thresholds) 4. Usinq the Evaluation Thresholds, staff would identify the level of evaluation (historical review) required to determine the historical siqnficance of resources proposed for demolition. 5 Staff decisions relatinq to Evaluation Thresholds B. andC. could be appealed to the Planninq Commission. Threshold A could not be appealed. (See Attachment 2) 6. The Planninq Commission would approve or deny Demolition Permit Applications based upon information presented. 7. The Planninq Commission would have the option to forward a recommendation for further study to the Mayor and Common Council when a permit is denied due to a finding of historical significance. 8. Decisions of the Planning Commission could be appealed to the Mayor and Common Council. An alternative to Items Land 2. would be the appointment of a Historic Preservation Commission. However, there are. certain disadvantaqes to this alternative relatinq to time constraints. The appointment of a Historic Preservation Commission would involve a lenqthy process and new commissioners would require some time for orientation and traininq. Providing the necessary staffing for a new commission would be difficult based on the current budget and staff constraints. o 0 Proposed changes to the Review Process for Demolition Permit Applications Mayor and Common Council xeeting of March 16, 1992 page 3 The establishment of the Planning Commission as the review authority for Demolition Permit Applications would be advantageous for a number of reasons. One is that the Planning Commission is already established and does not require additional staffing. Since the Planning Commission reviews land use issues and development proposals and the related environmental documents, it would provide a more balanced review for Demolition Permit Applications. The Planning Commission is experienced in historic review because it is the review authority when Demolition Permit Applications are processed concurrently with other types of development applications. In accordance with the Urqency Historic structure Demolition Ordinance (MC-694), the Historic Preservation Task Force was established to oversee and quide the development of the Historic Preservation Proqram. The Task Force review of Demolition Permit Applications was to have been an interim duty. Upon completion of the Historic Preservation Proqram, the Task Force was to have been replaced by a Historic Preservation commission. This has not occurred because of staff contraints and a shift in Department priorities resulting from the current budget situation. For consistency, the Task Force should continue in its role of quiding the development of the Historic Preservation Proqram. The'Evaluation Thresholds referred to in Item 3. would be based upon information contained in the Historic Resources Reconnaissance Survey (Survey), which was completed in May 1991. As indicated, the Survey was completed at the reconnaissance level and does not provide indepth information on individual resources or areas of the city. It does identify, however, the City's buildings and structures that are fifty years old or older and provides baseline information concerning the types and locations of resources, representative architectural styles, construction materials and contextual themes. The Survey also specifies individual resources that exhibit potential historical significance, areas eligible for Historical District and OVerlay Zone desiqnation and areas requiring future Survey consideration. A draft of the Evaluation Thresholds (A. through C.) is attached (see Attachment 2). Item 4. indicates that as a result of establishing the Evaluation Thresholds, staff's role would be strengthened. This is essential for streamlining the review process because it will allow projects to move forward. o o Proposed changes to the aeview Process for Demolition perait Applications Mayor and Common Council Meeting of Karch 1', 1"2 Page .. Item 5. is straightforward and requires little description. The resources described by Threshold A have been identified in the Survey as having potential historical significance to a greater degree than do other resources contained in the Survey. It follows then that if these resources are proposed for demolition, a full historical review should be required to evaluate any environmental impacts resulting from their loss. In addition, alternatives to demolition should be evaluated for resources that may be important to the city. As indicated by Item 6., the Planning Commission would approve or deny Demolition Permit Applications based upon information contained in a Statf Report. The Staff Report would include an Initial Study a recommendation regarding an environmental determination from the Environmental Review Committee. Following denial of a permit, the Planning Commission would have the option to forward recommendations for further study to the Mayor and Common Council (Item 7.). Examples of "further study" would be Environmental Impact Reports or fiscal analysis studies that require funding by the city. Item 8. continues the right of appeal by providing a mechanism whereby decisions of the Planning Commission could be appealed to the Mayor and Common Council. AN ADDITIONAL CONSIDERATION The Mayor and Common Council may wish to have a Historic Resources Evaluation Report prepared for all or some of the resources listed in the Survey on Department of Parks and Recreation (DPR) 523 Forms (Modified). The Report would determine the historical significance of these resources and provide advance submittal information to staff and the review authority for Demolition Permit Applications. This would further streamline the review process for the resources in question. MAYOR AND COMMON COUNCIL OPTIONS 1. The Mayor and Common Council may direct staff to change the review process as proposed, prepare an ordinance and return to the May 4, 1992 Council Meeting. 2. The Mayor and Common Council may make modifications, deletions or additions to staff's proposed changes. o 0 proposed Chanqes to the Review Process for Demolition Permit Applications Kayor and Common Council Ileetinq of Karch 1&, 1992 paqe 5 RECOMMENDATION Staff recommends that the Mayor and Common Council direct staff to change the review process as proposed, prepare an ordinance and return to the May 4, 1992 Council Meeting. Prepared by: Attachments: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Department Historic Resources Reconnaissance Survey (not included - previously distributed to the Mayor and Common council in June 1991) 2. Draft Evaluation Thresholds CA. through C.) 1. ~ . . ., o o BVJ.LUATIOIf '1'JIR!ISROLDS Buildinqs and structures fifty (50) years old and older would be evalua~ed usinq the followinq thresholds to determine the level of historical review required. The thresholds are based upon the Historic Resources Reconnaissance survey (Volumes 1-5 and Attachments, April 30, 1991 and all subsequent revisions). A. A Historic Resource Evaluation Report (Report) would be required for any resource identified on a modified California Department of Parks and Recreation (DPR) 523 Form (Volume 3, Appendix B, Resource List and DPR Forms) or located within an area identified as beinq potentially eliqible for Historic District desiqnation and listed as a contributinq resource (Volume 3, Appendix C, Historic Districts and OVerlay Zones, Items 1. throuqh 4.). A Report would also be required for any resource located in a new area identified by the Mayor and Common Council as beinq potentially eliqible for Historic District desiqnation and listed as a contributinq resource. B. A Historic Resource Evaluation Report could be required for any resource listed on the Survey's Tabular List and located within the boundaries of an area identified in the Survey as beinq potentially eliqible for Historic overlay Zone Desiqnation (Volume 3, Appendix C, Historic Districts and OVerlay Zones, Items 5. throuqh 13.). usinq the criteria established in the existinq Ugency Historic Structure Demolition Ordinance, Section 15.37.070 (MC_694), the Director of Planning and Building Services would evaluate demolition permit applications 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 desiqnation shall also would be subject to the Director's evaluation. C. Demolition Permit applications for buildings and structures which are listed only on the Tabular List or not included in the survey would not require a Report unless the Director of Planning and Building Services or members of the Historic Preservation Task Force or the Planning commission determine that further study would be required based upon new, historical or cultural information not contained in the Survey. Attachment 2 1 CITY OF SAN BERrliRDINO - REQUEST ~R COUNCIL ACTION From: . . '.I.unfjfistoric Structure Demolition Al Boughey, DJ.rector REC'O. - ..tsUDJlIIa' 6:i:dinance 2'" e~' 4t no Planning & Building Servic~2 J~ AaYbr a~d Common Council Meeting February 3, 1992 t.,._.: Dau: 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 Common Council continue this item to March 16, 1992 to enable staff to complete a detailed proposal outlining options and recommendations. dZ B~ n.t ? Signature Al Boughey Contact person: Al Boughey Phone: 384-5357 Supporting data ettIched: None Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriDtion) Finance: Icil Notes: 2t' .., .., ... _~ #8_ A___-'_ 1....__ AI_ __ CiTY OF SAN BERNAfiblNO - REQUEST FcQ 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 (EDA) determine methods for simplifying the review process for Demolition Permit Applications. Due to time limitations, staff and the EDA were unable to meet and discuss the issues during December 1991. As a result, staff requested that the item be continued from January 6, 1992 to February 3, 1992. On Friday, January 17, 1992, the Planning Division and EDA staff discussed several issues relating to the application process, processing time frames and staff constraints. Also discussed were issues related generally to the development of the Historic Preservation Program and its implementation. The result is that staff has tentatively identified some options for changing the application process. However, further evaluation of these options would enable staff to prepare a more detailed proposal with options and recommendations for the Mayor and Common Council's consideration. RECOMMENDATION Staff recommends that the Mayor and Common Council continue this item to March 16, 1992 to enable staff to prepare a detailed proposal outlining options and recommendations for changing the review process for Demolition Permit Applications. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building services Department _"".1:." o 0 ORDINANCE NO. HC 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 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 9 10 HISTORIC STRUCTURE DEMOLITION ORDINANCE 15.37.010 F indinas and Puroose. The Mayor and Common 11 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 historical 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-6941 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 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 - J.L .l. .4 - 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 1501 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 1501 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 buildinq 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 1501 years old or older shall be 26 evaluated to determine historical significance in accordance with 27 the followinq thresholds and requirements which are based upon the 28 Historic Resources Reconnaissance Survey IVolumes 1-5 and 4 o o 1 Attachments, April 30, 1991 and all subsequent revisions I , 2 A. A Historic Resource Evaluation Report (Report I shall be 3 required for any resource identified on a modified 4 California Department of Parks and Recreation (DPRI 523 Form 5 (Volume 3, Appendix B. Resource List and DPR Forms I 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 Distr icts and Over lay Zones. Items 1. through 4. I . 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 applications 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 9 10 11 12 13 14 B. 15 16 17 18 19 20 21 22 23 24 25 26 27 c. 28 o o 1 the Survey shall not require a Report unless the Task Force 2 determines that further study is required based upon new, 3 histor ical or cultural information not contained in the 4 Survey. 5 When required, Historic Resource Evaluation Reports shall be 6 prepared in accordance with Section 15.37.050 of this Chapter. 7 At reoular intervals (as determined by the Task Force and 8 prior to the expiration of the appeal period after a determination 9 is made I, the Task Force shall be notified in writino of all 10 determinations made in accordance with thresholds B. and C. 11 12 15.37.050 Historic Resource Evaluation ReDort. A Historic 13 Resource Evaluation Report required as a submittal for a Demolition 14 Permit application shall contain the followino elements: 15 A. Purpose and Scope 16 B. Methods of Evaluation: Field and Archival 17 C. Location and Settino 18 D. Architectural Description of the Resource 19 E. Historical Backoround 20 F. Statement of Sionificance 21 G. Alternatives to Demolition (such as Retention. 22 Relocation, Rehabilitation. Restoration and Adaptive 23 Reuse I 24 H. Conclusions 25 I. Recommendations 26 J. Mitioation 27 K. Archival Documentation (Appendices I 28 IIII 6 o o 1 The Statement of Siqnificance element (Item F. above) shall 2 be made usinq the criteria listed in Section 15.37.055 of this 3 Chapter and the National Reqister criteria for evaluation and shall 4 include a discussion of the related historical contextual themes. 5 The archival documentation (Item K. above) of the resource 6 shall include a completed DPR 523 Form and archival quality photo 7 documentation. This information shall be included as an appendix 8 to the Report. 9 Preparation and submittal of the Report shall be the 10 responsibility of the applicant. All Reports shall be prepared by 11 consultants who @eet the professional qualification standards for 12 the field of Historic Preservation as described in the Federal 13 Reqister. 14 15 15.37.055 Criteria for Determination of Historical 16 Sianificance. 17 1. The bUildinq or structure has character, interest or 18 value as a part of the heritaqe of the City of San Bernardino; or, 2. The location of the bUildinq or structure is the site of a siqnificant historic event; or, 3. The bUildinq or structure is identified with a person(s) or qroup(s) who siqnificantly contributed to the culture and development of the City of San Bernardino; or, 4. The bUildinq or structure exemplifies a particular architectural style or way of life important to the City: 19 20 21 22 23 24 25 26 27 28 IIII or, 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IIII 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. a. The bUildinq or structure is related to landmarks or historic districts and its preservation is essential to the inteqrity of the landmark or historic district; or, 9. The unique location or sinqular physical characteristics of the bUildinq or structure represent an established and familiar feature of a neiqhborhood: or. 10. The bUildinq. structure or site has the potential to yield historical or archaeoloqical information. 15.37.060 Review Process. 1. The Environmental Review Committee (ERC) Review - An Initial Study (pursuant to the California Environmental Quality Act) shall be prepared for a Demolition Permit application when a Historical Resource Evaluation Report is required in accordance with Section 15.37.045. Subsections A.- C. of this Chapter. The Report shall be included as an attachment to the Initial Study. The Initial Study shall be reviewed by the ERC for an environmental determination. Followinq the ERC 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 siqnificance 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 Reqister criteria 8 for evaluation. Based upon the criteria in Section 9 15.37.055. the Task Force may stay the issuance of the 10 Demol i tion Permit for a period of up to ninety (90) days. 11 Durinq this time. the Task Force shall pursue methods of 12 retention throuqh rehabilitation. relocation and/or reuse 13 or other alternatives to demolition. 14 The Task Force shall take action to qrant or deny 15 the Demolition Permit within the stay period specified. 16 If the Task Force approves the Demolition Permit 17 application. the Demolition Permit may be issued in 18 accordance with the Task Force action and followinq 19 compliance with the provisions of this Chapter and all 20 other City requirements. 21 22 15.37.070 Appeals. Any person may appeal the decisions 23 pursuant to this Chapter of the Director of Planninq and Buildinq 24 Services to the Task Force. Decisions of the Task Force pursuant 25 to this Chapter may be appealed to the Mayor and Common Council. 26 An appeal must be submitted in writinq with the required 27 appeal fee (if applicable) to the Planninq and BUildinq Services 28 Department within fifteen (15) days followinq 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 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 Buildinq 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 IIII 13 I I I I 14 IIII 15 I I I I 16 I I I I 17 IIII 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 1 2 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. 3 4 5 6 7 Council Members 8 I HEREBY CERTIFY that the foreqoinq ordinance was duly adopted by Mayor and Common Council of the City of San Bernardino meetinq thereof, held on the day of at a , 1991 by the followinq vote, to wit: ABSTAIN ABSENT NAYS AYES ESTRADA 9 REILLY 10 HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 City Clerk 18 The foreqoinq ordinance is hereby approved this day of . 1991. 19 20 21 22 23 Approved as to form and leqal content: 24 25 26 27 28 W.R. Holcomb, Mayor City of San Bernardino JAMES F. PENMAN, ~ B . <4. J -" 12