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HomeMy WebLinkAbout43-Planning and Building C1Tyf OF SAN BE~ARbINO - REQUESAOR COUNCIL ACTION From: Al Boughey, Director Dept: Planning and Building Services Date: April 16, 1992 Subject: Historic Building Demolition Ordinance Mayor and Common Council Meeting May 4, 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. March 16, 1992 - The Mayor and Common Council directed staff to change the review process as proposed, prepare an ordinance and return to the May 4, 1992 Council MeetinK. Recommended motion: That the hearing be closed, that the Negative Declaration be adopted and that further reading of the ordinance be waived and that said ordinance be laid over for final adoption. Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriDtion) Finance: Council Notes: Anon..!. I.o~ !\In #'/3 C1TY~ OF SAN BE~ARDINO - REQUES.o:OR COUNCIL ACTION STAFF REPORT SUBJECT Historic Building Demolition Ordinance Amendment (ORD DEM No. 91-02) Mayor and Common council Meeting of May 4, 1992 REOUEST This City initiated amendment to Municipal Code Chapter 15.37 (urgency Historic structure Demolition ordinance, MC-694) is to facilitate changes to the review process for Demolition Permit Applications for buildings and structures fifty years old and older. 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 (EDA) 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 the 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. staff's new proposal was presented to the Mayor and common council on March 16, 1992 at which time the item was continued and staff was directed to change the review process and prepare an ordinance for the May 4, 1992 council Meeting. PRESENTATION OF THE PROPOSED CHANGES TO THE HISTORIC PRESERVATION TASK FORCE On March 25, 1992, staff presented the proposal to the Historic Preservation Task Force. The Task Force discussed the proposal at length and requested that they be provided copies of the draft Staff Report and to the Mayor and Common council and the draft Ordinance for discussion at their meeting of April 22, 1992. 75.0264 ~ o o Historic Building Demolition Ordinance Amendment Mayor and Common Council Meeting of May 4, 1992 Page 2 COMMENTS RECEIVED On March 31, 1992, staff received comments from Dr. James MUlvihill, AICP, Member of the Historic Preservation Task Force. Dr. Mulvihill's comments are contained in Attachment 2, this report. Dr. Mulvihill is concerned with several aspects of staff's proposal to change the review process for Demolition Permit Applications. He has reservations with the reassignment of the review duties to the Planning commission. He emphasizes in his letter that historic preservation is a serious task that employs very extensive policies and that "significance" is sometimes open to interpretation. Dr. Mulvihill feels that the Task Force has the experience necessary for making determinations of historical significance. Staff recognizes that the Task Force is experienced in historic preservation. For this reason, we would like to use the Task Force more actively in the development of the Historic Preservation Program. The Task Force would still be involved in the review process but as an advisory body rather than as the principal review authority. In this way, their experience could be more fully utilized. Since the adoption of the Urgency Historic structure Demolition Ordinance (MC-694), the emphasis on program development has shifted almost solely to the review of Demolition Permit Applications. This has occurred primarily because of budgetary and staff constraints. The result is that program development is at a standstill. There are several benefits associated with establishing the Planning commission as the review authority for Demolition Permit Applications. As stated, the Task Force will be able to concentrate its efforts on program development. The planning Commission is an established review body that is well versed in dealing with sensitive environmental issues such as historic preservation. Because of the broad range of projects that the commission reviews, Demolition Permit Applications will receive a more balanced review. In addition, applications will be mainstreamed into the Planning process and thus be provided more expeditious processing since the Planning Commission meets twice a month. Dr. Mulvihill is concerned that staff is relying too heavily on the Historic Resources Reconnaissance survey in developing the Evaluation Thresholds that are contained in the draft ordinance. Staff agrees with Dr. Mulvihill's assertion that the Survey is not o 0 Historic Building Demolition Ordinance Amendment Mayor and Common Council Meeting of May 4, 1992 Page 3 an exhaustive study and that a more intensive survey should be done as a necessary part of an ongoing historic preservation program. However, the Survey does provide baseline information that can be used to establish review thresholds. Prior to formalizing the Evaluation Thresholds, staff conferred with the Jan Wooley of the California Office of Historic Preservation and with Wayne Donaldson of Milford Wayne Donaldson, A.I.A., Inc. (The Historic Resources Reconnaissance Survey was done by the firm referenced). Both Ms. Wooley and Mr. Donaldson felt that the Survey information reasonably could be used to establish review thresholds that would provide a more functional review process. However, both stressed that an intensive survey would contain more indepth information on specified resources which in turn, helps to validate a Historic Preservation Program by providing credibility. PROPOSED HISTORIC BUILDING DEMOLITION ORDINANCE As stated, staff presented a proposal to change the review process for Demolition Permit Applications for buildings and structures fifty years old and older at the March 16, 1992 Council Meeting. A copy of the Staff Report prepared for that meeting is attached (Attachment 1). The proposed changes are incorporated in the draft Historic Building Demolition Ordinance (Attachment 3). MAYOR AND COMMON COUNCIL OPTIONS 1. The Mayor and Common Council may adopt the ordinance. 2. The Mayor and Common Council may direct staff to make further changes. 3. The Mayor and Common Council may deny the ordinance. f o o Historic Building Demolition Ordinance Amendment Mayor and Common Council Meeting of May 4, 1992 Page 4 RECOMMENDATION staff recommends that the Mayor and Common Council adopt the Negative Declaration and approve the Historic Building Demolition Ordinance. Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Department Attachment l: Staff Report to the Mayor and Common Council (March 16, 1992) Prepared by: Attachment 2. Comments from Dr. James Mulvihill (March 31, 1992) Attachment 3. Initial Study Exhibit A - Draft Historic Building Demolition Ordinance (Not included) Attachment 4. Historic Building Demolition Ordinance o /", r\ I 'CrT"i OF SAN BE:R~ARbINO - R5QUEM :-JR COUNC2L AC7JO; . . . Subject: H~storic S~r~ctures Demolition Or:iinance .~~ From: Al Bcughey, Director Dept: Planning &. Building Services Mayor and Common Council Meeting March 16, 1992 .': ..":.. Dau: March 8, 1992 .- .' Synopsis of Previous Council action: November 18, 1991 - The Mayor. and Cammon Counc~l approved ~~e aistoric S~:ucture Demolition Ordinance and it was laid over fer final adop~ion. December 2, 1991- The Mayor and Cammon Council tabled the Sistoric Structur Demolition Ordinance for 30 days. January 6, 1992 The Mayor and Cammon Cjuncil continued ~~e Ordinance so that staff and the Economic Development Aqency could deve:op options for simplifying the review process for demolition permit applications. Febr.lary 3, 1992 - The Mayor and C~~ Council continued this item so ~'lat. staff could prepare a detailed proposal to change the process for demolition permit applications. ::i Recommended motion: That the Mayor and Common Council direct staff to change the review process a proposed, prepare an ordinance and return to the May 4, 1992 Council Meeting. ~ "gnauue ~ ContaCt penon: AJ. Boucrhev Phone: 384-5357 .. Supporting data .u....hed: None Ward: Ci tvwide FUNDING REQUIREMENTS: Amount: 1111. 5au1'Cll: IAcct. No.1 I Acct. Descriotionl Finance: Council Nates: 7So028% Agenda ; tern No Attachment 1 2& CITY OF SAN B~N-'::IDINO - REQUES:>(- R COUNC1L ACT10tl STAFF REPORT , StJ&TECT Proposed Chanqes to the Review Process for Demolition Permit Applications Mayor and Common Council Meetinq of March 16, 1992 REOUEST staff is requestinq that the Mayor and Common Council consider the recommendation outlined in this staff Report and direct staff to chanqe the proposed ordinance accordinqly. 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. ourinq the second readinq 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 Aqency CEDA) to determine _thods for simplifyinq the review process for DeIIolltion Permit Applications. Due to time limitations, staff and the EDA were unable to meet and discuss the issues durinq December 1991. As a result, staff requ_ted that the item l>>e continued from January 6, 1992 to February 3, 1992. On February 3, 1992, staff apin requested that this item })e continued. The Mayor and Comaon council granted staff's requ_t with a continuance of six weeks which provided staff the opportunity to prepare a more detailed proposal. The proposed ordinance was prepared })&cause of prol>>lems that were identified in ;he existinq orqency Historic structure Demolition Ordinance 'CMC-694). Those pro})lems made the processinq of Demolition Permit Applications difficult and cumbersome. MC-694, which would have l>>een repealed })y the adoption of the proposed ordinance, is still in effect. PROPOSE!) CHANGES TO THE REVTEW PROCESS ourinq joint :leetinqs l>>etween the Plannlnq Division and EDA, staff members discussed a nwmer of issues relatinq to the application process, proc_sinq time frames and staff constraints. As a result 75-02... :.... ....:. ; -:; :--: . .::~. -::~. .;~::~ .... -, .:. .~ .(' r. o ( ,-~ \ -- .. ~: ;0 Proposed Changes ~o ~h. Kevi.~ Process for n..01i~io~ Per.=i~ App1icatio~ . Hayer and eommo~ cOUDcil. Kee~ of Karch 1', 1992 Paqe 2 . of those discussions, SClII8 very specific -changes are proposed. The changes, which should simplifY ~e review process for Demolition Per.:Lit Appl.ications, are as follows: - - - , 1. The Planning eommission voulJ assume the project review duties - of the Historic Preservation Task Force tor Demolition Per2it Applications. 2. The Task overseeing Program. Force responsibilities would be the development of the Historic -. directed at Preservation 3. Based upon infor=ation, thresholds. the Historic Resources Reconnaissance Survey a new ordinance would establish evaluation (See Attac:hlllent 2, Evaluation Thresholds) 4. Using the Evaluation Thresholds, staff would identify the 1eve1 of evaluation (historica1 review) required to determine the historical siqnflcance of resources proposed for demolition. staff decisions :relatiDq to Evaluation Thresholds B. and C. c:ould be appealed to the Planninq 1"-"'I11III4 ..sion. Threshold A c:ould not be appealed. (5_ Attacbment 2) 6. The Planninq l'"...-4....ion ~d approve or deny Demolition Pendt Applications based upon inforlll&tion presented. 5 The Planning COlIIm.issioc would bave the option to forward a reco_endation for ~er ~y to the Kayor and Common Council when a permit is denied due to a finding of historical. siqnificance. 8. Decisions of the Placninq CoIIIIIlission could be appealed to the Kayor and Common eouncll. 7. An alternative to xt_ 1. and 2. would be the appointment of a Historic Preservation COmmission. However, there are certain disadvantages to ':his alterDative relating to time constraints. The appoint:llent of a Historic Preservation C,.""",ission would involve a lengthy process and new ('.......i ssioners woul.d require SOllIe time for orientation and traininq. Providing the necessary staffing for a new commission would be difficu1t based on the carrent budget and staff constraints. y 0'. Q.c ". :. ., ."J'" proposed c~anges to the ~eview Process for Dem01itioD Pe~t App1ications Kayor and Common COUDci1 HeetiDg ot 1Ia%ch 16, 1992 Page 3 ..... ., The establishment of the Planning commission as the. review aut.'1ority for Demolition per.llit Applications ~ould be advantageous for a number of reasons. One is that t!1e ?lan:ti.::g COllllllission is already established and does not require additional stazfing. Since the Planning collllllission revie.s lacd use issues and development proposals and the related environ::ental documents, it would provide a more balanced review for Demolition per.nit Applications. The ?lanning commission is experienced in historic review because it is the review authority .hen Demolition per:it Applications are processed concurrently with other types ot developme~t applications. :In accordance with the urgency Historic Structure Demolition Ordinance (HC-694), the Historic Preservation Task Force was established to oversee and quide the development of the Historic Preservation P~"",,~..m. The Task Foroe review ot Demolition Permit Applications was to have been an interha duty. Upon completion ot the Historic Preservation Pr"",,~_, the Task Force was to have been replaced by a Historic Preservation Commission~ This has not occurred because of statt contraints and a shitt in Depart:llent priorities resulting from the current budget situation. For consistency, the Task Force should contiDue in its role ot quidinq the development ot the Historic Prese~tion PrO':il~aJIl. The' Evaluation Thresholds referred to in Item 3. would be based upon infor.:aation contained in the Historic Resources lleconnaissance Survey (Survey), which was completed in Hay 1991. As indicated, the Survey was completed at the reconnaissance level and does not provide ir.~epth intoClllltion on individual resources or areas ot the city. :Io: does identity, however, the City's buildings and structures that are fitty years old or older and provides baseline intocaation concerning the types and locations ot resources, representao:ive architectural styles, construction materials and contextual ~emes. The Survey al.sa specifies individ~l resources that exh.il:lit potential. historical. significance, areas elig.il:lle tor Historica!. District and overlay Zone designation and areas requiring tut".n-e Survey consideration. A draft ot the Eval~tion Thresholds (A. throuqh C.) is attached (see At'"..achment 2).. Item 4. L"1dicates that as a result at establishinq the Eval~tion Thresholds, statt's role would be strenqthened. This is essential. tor streaml.ininq the review process because it will al.low projects to move forward. . ". .' ". ::! ,. .' . , , OoC O. ..0 . .:. . . ~ - . 0, o . Proposed ChaDqes ~o the .eview Process for Deao1J. UOJl Pe%:IIi ~ App1J.catioJlS Hayor IlJld Common COUDcil x_tinq of Jlarch 16, 1992 1>aqe .. :;:- .' "0 :It_ 5. is straiqhtforArd and req'.lires lie--..le descrip~iQn. The resources descr~ed by Threshold A have been identified in the Survey as having potential historical siqni~icance ~o a qreater deqree than do other resources contained in the Survey. :It follows then that if these resources are proposed for d_olition, a full. historical review should 1::Ie required to evaluate any environmental impacts resulting from their loss. :In addition, alternatives to deJ:lOlition should be evaluated for resources that may be important to the city. As indicated by :It_ 6., the Planning c01lllllission would approve or deny Demolition Permit Applications based upon information contained in a~ Staff Report. The Staff Report would include an :tnitial Study a reco_enc:lation reqarc:linq an environmental deter.llination from the Environmental ~eview co-ittee. .00 Followinq c:lenial of a per.Ilit, the Planning Commission would have the option to forward rec..........enc:lations for further study to the Hayor and C~___4 ~U (:tt_ 7.). Examples of .further stucly. would be Envl..-o1lllleDtal. :tmpact Reports or fiscal analysis stuelies that =equire tund.inq by the city. Ztem 8. continues the riqht of appeal by provic:linq a mechanism whereby decisions of the Planning C.........f "sion could be appealed to the ~yor and Common Council. All ADC-~ONAL COHSTDERA'l'YOR The Mayor and Common Council may wish to have a lUstoric Resources Evaluation Report prepared for all or SOllIe of the resources listed in the survey on Depart:aent ot Parks and Recreation (DPR) 523 Forms (Hoc:lJ.fiec:l). The Report would determine the historical siqnificance of these resOll..'""Ces and provide advance submit:'"~l info:t:lllation to staff and the review authority for O-Olition Per.llit Applications. This would further streamline the review process for the resources in question. MAYOR .urn COMMON comrCYL OPTYOHS 1. The Mayor and ~"n Council may direct staff to chanqe the =eview process as proposed, prepare an ordinance and return to the Kay 4, 1992 Council Xeeting. 2. The Kayor and ,.........n Council may ..u modifications, deletions or additions to staff's proposed changes. proposed Changes to the lleview Process for D_olition Permit Applications ~ JIlayor and Common COUDcll .eeting of JIlarch 1&, 1"2 Page 5 ".i .. .;.; ';;- .':: ""<:; .... . \ . . o Q" RECOMMENDATrOR Staff reco_ends that the :1fayor and COIIIl:Ion Council direct sta::f to change the review process as proposed, prepare an ordinance and return to the Kay 4, 1992 council lleetinq. > :: :~ Prepared by: :}: .~ Attac:bments: ." ;: ;. ., ::" ." > .;." Deborah Woldruff, Asso<"iate Planner for Al Boughey, Director planning and Buildinq Services Department Historic Resources Reconnaissance Survey (not included - previously distributed to the Kayor and common Council in June 1.991) 2. Draft Evaluation Thresholds (A. through C.) 1. '. C(.:" O;i "'. . BV7J.~Oll 'n!1lESJlOIJ)S Buildinqs and structures fifty (50) years old and older would be evaluated usinq the followinq thresholds to determine the level of historical review requirecl. 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 1II0dified 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 e!iqible for Historic District desiqnation and listecl as a contributinq resour.:e" (Volume 3, AppendiX C, Historic Districts and overlay Zones, " It8lllS 1. throuqh 4.). A Report would also be required for any resource locatecl 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 bounclaries of an area identified in the survey as beinq potentially eliqible for Historic OVerlay Zone eesiqnation (Volume 3, Appendix C, Historic Districts and overlay Zones, Items 5. throuqh 13.). Osinq the criteria esta1:llished in the existinq Oqency Historic structure DeIIIolition ordinance, Section 15.37.070 (MC 694), the Director of planninq and Buildinq services would evaluate demolition permit applications for these resources to determine the requirement for a Report. Any resource located in a new area identifiecl by the Mayor and Common council as beinq potentially eliqible for Historic overlay Zone desiqnation shall also would be subject to the Director's evaluation. "' c. DelIIolition PerlIIit applications for buildinqs and structures which are listed only on the Tabular List or not ~clucled in the survey would not require a Report unless the Director of planninq and Buildinq services or 1II8l11bers of the Historic Preservation Task Force or the Planninq commission determine that further study would be required based upon new, historical or cultural information not contained in the Survey. Attachment 2 .. . . . ~ , o o ; -, 0- . . - MEMORANDUM 0' :: FROli: Hon. Michael Maudsley, Councilmember, Ward Four and Chair Historic Preservation Task Force City of San Bernardino . Dr. James Mulvihill, AICP, liemberd}2... Historic Preservation Task Force ~ City of San Bernardino TO: ~ SUBJECT: Staff's Proposed Changes to the Review Process for Demolition Permit Applications. ;. DATE: Ms. Deborah woldruff, Asso Planner; Mr. Henry Empeno, Dpty City Atty, March 31, 1992 CC: I am greatly concerned with the implications of the proposals made by planning staff regarding the process for review of demolition permit applications. Essentially, the permit review function now held by the Historic Preservation Task Force, and presumably any subsequent Historic Preservation Commission, would be given over to the City Planning Commission. The Planning Commission has my greatest respect for the tremendous range of responsibilities they have, and the expertise that is necessitated to meet these. But historic ,preservation is no small task. Not only are there a very extensive and subtle policies entailed, but also, "significance" is sometimes open to interpretation. I know you remember the controversy surrounding the Platt Building. Many in city governance minimized ita historic value, while the delay in issuing the de~lition permit provided by the Historic Preservation Task Force proved to - Attachment 2 I ' .' "t., :: ., , o o - Page Two H~~O: Demolition of Historic Resources Review March 31, 1992 be what was needed to prevent the City from making a very great error. Even~ually, a highly regarded panel of experts was brought in, which endorsed the Task Force's opinion that the building should be preserved. In fact, the group was quite adamant in their position. This incident alone underlines the value of having .. knowledgeable persons involved in the demolition review process. In addition, Historic Preservation Commissions are common in cities of all sizes throughout the country. I am attaching a document of considerable importance, "Preparing a Historic Preservation Ordinance," from the Planning Advisory Service of the American Planning Association. I know staff has its own copy, but I ask that you have duplicates made for our Task Force, the Common Council, and any others who will participate in this revision process. I hope no one misUDderstands me. I do not see historic preservation as limited and Wanobby.w If effectively managed, historic preservation can enhance property values and promote the renovation of mostly central city neighborhoods. It is a program that, in our city, can be aimed at improving housing and neighborhood conditions of mostly lower income families. Some improvements have already taken place through efforts up to this poin~. . .. o o Page Three MEMO: Demolition of Historic Resources Review March 31, 1992 ~~~,~,~ R~~nmm~"d~~inn~. Staff's recommendation, dated ~arch 8, 1992, emphasizes the "current budget and staff constraints," (p. 2). These are short-term considerations on whi:h long-term programs. :; and policies should not be based. This same transmittal states that "orientating antt training" new Historic Preservation Commissioners would be burdensome (p. 2). Tbe "training" of the o~_~pn~ panel was hard17 burdensome. The statement seems to overlook the great personal resources and commitment possessed b7 citizens in our communitT. , Staff's transmittal also refers to time delaTs creating a need to "streamline the review process," (p. 3). Tbe suggestion that the Planning Co..ission be substituted for the Preservation Task Force/Co..ission eliminates no steps, and, unless staff provides less effort and research than it does now, I do not see where significant reductions will take place. This is especiallT true given the unique expertise .tha~ the Task Force presentlT provides, and which will be provided bT a future Preservation Commission. I take particular issue with the statement on the transmittal (p. 3) that states, "Tbe Task Force review of Demolition Permit Applications was to have been an interim duty." This is the first time I have heard this. The Task Force is "interim" to a Historic Preservation Commission. , . o o - . Page Four MEMO: Demolition of Historic Resources Review March 31, 1992 On the other hand, we have frequently discussed and formulated how that body would review demolition permits. In fact, the "Historic Resources Reconnaissance Survey Report," Volume I, page 17, states, "...that the Historic Resources Commission for San Bernardino be given adequate power to protect landmarks. This will almost certainly require that it have the power to forbid demolition or alteration, not just delay it, even though such power may be exercised infrequently." were they confused too? No better justification for expert panel to review demolition permits than the continuing over-reliance by staff (in the Evaluation Thresholds, last page of transmittal) on the DPR forms and those resources associated with Historic Districts and Overlay Zones (Historic Preservation Survey, Volume 3, Appendix C). Our consultants frequently emphasized that: their survey, the st.ructures on DPR forms, designated historic districts, etc. were ~ exhaustive, but rather exemplary. There are structures in the City they .did not have time to do thorough evaluations of. It seems though that staff knows this already, as stated in the transmittal, "...the Su~.ey was completed at the reconnaissance level and does not provide in-depth information on individual resources or areas of the City,- (p. 3). . ... .. . . o o . . . Page Five MEMO: Demolition of Historic Resources Review March 31, 1992 Finally, as noted on staff's transmittal (cover sheet), ". the Mayor and Common Council asked on January 6th that staff and the Economic Development Agency develop options for simplifying the review process for demolition permit applications. Our Task Force took the lead on this issue several times in the past by requesting planning staff and EDA to work together in developing preservation policies. Financing alternatives provide the basic incentive to preserve. As is clear in the Planning Advisory Service Report, for effective preservation there must be financial assistance available. The neighborhood redevelopment and housing preservation that occurs gives the EDA a central , role. The great misfortune is that it has taken this lon, for EDA's role to become apparent. Kisunderstandings and " missteps will continue as long as EDA remains outside the process. I think the Task Force has looked forward to addressing preservation policy in an integrated fashion. However, .,' . simply shifting" review responsibility does not provide for f this integrated planning ~d policy making. In fact, such a singular shift is a step toward elainating preservation as a potentially effective redevelopment policy for the Cit7. ~ ,., ,. o o - ,.. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ..... INITIAL STUDY .. -... .... "'I F" HISTORIC BUILDING DEMOLITION ORDINANCE (DEMO ORDl PrQ;ect Descrintion: An ordinance of the City of San Bernardino repealing and replacing Chapter 15.37, establishing new policies and provisions for the review of demolition permit applications for buildings and structures fifty years old or older and providing for the continuation of the Historic preservation Task Force. Pro;ect Location: citywide Date: March 25, 1992 ~'D'Dlicant's Name and A.ddress: city of San Bernardino 300 North "On Street San Bernardino, CA 92401 :Initial stuav Prenared 'Bv: Deborah Woldruff Associate Planner city of SaD BeJ:Dardino Planning and Building Services Department 300 Horth "D" street San BeJ:Dardino, CA 92418 ~ ClTfOl'_~ --- PLNH.07 PAGE 1 OF 1 {.. Attachment 3 o o Historic Buildinq DemOlition Ordinance (DEMO ORC): Initial Study Environmental Review Committee meetinq of April 2, 1992 1.0 IRTRODtJC'.rION This report is provided by the City of San Bernardino as an Initial Study which evaluates the potential environmental impacts resultinq from the Historic Buildinq Demolition Ordinance (DEMO ORC). A description of the project is provided in Section 2.0 on the followinq paqe. As stated in Section 15063 of the CAlifornia Environmental Quality Act quidelines, the purposes of an Initial Study are to: 1. Provide the Lead A:qency with information to use as the basis for decidinq whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration; 2. Enable an applicant or Lead Aqency to modify a project, mitiqatinq adverse impacts before an EIR is prepared, thereby enablinq the project to qualify for Neqative Declaration; 3. Assist the preparation of an ErR, if one is required, by: (A) Focusinq the EIR on the effects determined to be siqnificant, (B) Identify the effects determined not to be siqnificant, and (C) Explaininq the reasons for determininq that potentially siqnificant effects would not be siqnificant. 4. Facilitate environmental assessment early in the desiqn of a project; 5. Provide documentation of the factual basis for the findinq in a Neqative Declaration that a project will not have a siqnificant effect on the environment; 6. Eliminate unnecessary EIRs; . o 0 ,. Historic Building Demolition ordinance (DEMO ORC): Initial Study Environmental Review Committee meeting of April 2, 1992 ., 7. Determine whether a previously prepared EIR could. De used wib the project. As stated in Section 15152 of the CEQA Guidelines, Agencies are enc:uraged to tier EIRs which they prepare for separate DUO: related projects including general plans, zoning changes and development projects. This approach can eliminate repetitive discussions of the same issues and foC'.1S 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 orcllnance 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 to substantial reduction or avoidance DY the choice of specific revisions in the project, DY the imposition of conditions, or other means. 3. Tiering under this section shall De limited to situations where the project is consistent with the general plan and zoning of the city of county in which the project would De located. 4. The Initial study shall be used to decide whether and to what extent the prior EJ:R 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 De 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 DY the City as part of the review process prior to approval of the General o o Historic Building Demolition Ordinance (DEMO ORD): Initial study Environmental Review committee meeting of April 2, 1992 Plan. As required by CEQA, the General Plan EIR provided a broad overview of the futur~ growth allowed within the City in accordance with t.'le Plan's '"ision. It is the intent of this Initial St:c1y t~ tier this pr:ject with the certified EIR prepared for t.'1e Gene:al i'lan. The Initial study will determine potential :.mpacts if the Historic structure Demolition Ordinance ~s cre4~ed and whether they were addressed in :he General Plan EIR. The Initial study will deteaine the level of significance for any impacts identified that were not addressed in the General Plan EIR. 2.0 PROJBCT DBSCRIPTION The Historic Building Demolition Ord (DEMO 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 buildings and structures fifty years old or older and provide for the continuation of the Historic Preservation Task Force. (See Exhibit A, Draft Ordinance) 2.1 area CIlarac:t:ertstics &Dc! BacltqroaD4 The City has approximately 8,000 buildings and structur_ that are fifty years old and older that are listed in the Historic Resources Reconnaissance survey (survey). Th_e 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 havinq potential historical significance for architectural s~yle anci/or cultural considerations. The draft ordinance will establish thresholds of review f'3r the 'determination of historical significan:e of resources based upon the Survey information. ,. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST "'" P'" """"l A. BACKGROUND San Bernardino Municipal Code Chapter 15.37 Application Number: Historic Buildinq Demolition Ordinance (DEMO ORD) Project Description: Ordinance of the City. . . amending and replacing Chapte:: 15.37: establishing new policies and provisions for the review of Demolition Permit Applications for buildinqs and structures fifty years old and older (specified): and, the contin uation of the Historic preservation Task Force. Location: CityWide Environmental Conslrllinls Antas: N/A General Plan Designlllion: N/A Zoning Designlllion: N/A B. ENVIRONMENTAL IMPACTS Explain -'S. where apprlIIlIiale, on a uparale attached shHl. 1. Earth R_ WiU the proposalresu. in: Yes No Maybe a. Earth _nt (CUI andIor fiU) 0110,000 cubic yanls or more? X b. Development ancIIor grading on a slope greater than 15% natural grade? X c. Development within the A1quist.Priolo Spacial Studies Zona as defined in SacIion 12.0 . Geologic & Seismic, Figura 47, of the City's General Plan? X d. Modfficalion of any unique geologic or physical fe3ture? X e. Development within areas defined for high poIentiallor water or wind erosion as identffiad in Section 12.0 . Geologic a Seismic, F'llure 53, of the Cily's GaneraI X Plan? f. Modfficalion of a channel, creek or river? X to. ... o o <<rr0l'...._ ..............4"" I ~u PL,ANoI.DI PMlE10F_ (".10) r'J, , g. Dev.lopm.nt within an ar.. subjecllD Iandsid.s. mudslid.s. liqu.'aclion or other similar uz.ds as id.ntifred in Sedion 12.0. Geologic & Seismic, FiguIU 48. 52 and 53 oIlhe City's General Plan? h. Other? 2. AIr "-urcu: WiD th. proposal IIIsul in: .. Substantial air .missions or an etI..:l upon ambient air quality as d.finllll by AOMD? b. The CNlation 01 oiIjec:lionllbl. ocloIs? c. Developm.nt within . high wind hazard .,.. as identified in Sec:lion 15.0 . Wind & F.... Fogura 59. 0I1he City's Gen.rai Plan? 3. Water Re80urcu: WiD th. proposallllSUll in: .. Chang.s in abso/J)lion rates. drainage ~_ or th. rat. and amount 01 surface IUnotI due " impsrrn.abIe surfaces? b. Changes in the CIlurse or flow ClII100d -_? c. [)lsc:haJg. into surface wat.rs or my .a.ratilIn 01 SL'rIace wat.r qualily? do Cha.lll. in th. quantity of quaIily of gnlIlIId ~ .. Exposure 01 people or prapsl'ly III IIDad hIIDIlIs .. identified in the FIIlIeraI Emergency u.n.g. ..... Agenc:y's Flood ~ Rate -. CamnuiIy P.... Number 060281 . _' _ ScIion 1&.0. Flooding. FtgUN 62. 01 the Cily's Geneml ~1 t. Olher? 4. Biological Re8OUrces: Could the I"~.... in: L Development wiIhin the BioIllg" :- ~ ~_.nt 0verlIIy. as identIied in ScIion 10.0 . ~ Resawces. Figure .1. GIllie CiIy'I Gen.rai Plan? b. CMnge in the number ClI any unique. ... or encIqerllll species 01 pIMls or their habUI indUlfmg ands 0I_? c. CMnge in th. number 01 any unique. ... or endang...., species 01 animU or their ~ d. Removal 01 viable, malUre _1 (6" or,,- .. Other? 5. No"': Could th. proposal resull in: L Dewlopmenl 01 hausing. heaIIII_1 -Loa.do " Iibrariea. religiDus fcilllies or Olhw..... - ti...-;;" in .... where exisling or fulunI noise...... --' .. Ldn 0165 dB(A) __ _.. ~ ClIGdII(A) irUrior .. identified in Sec:Iion '..0. NaiM. Figl.- 1.... and '~'3 01 the City's Gena P..? 0.,.. '" : v.s No .. " " .. , v .- v .. y. x v .. .... .. y. v ~ ~.. v .. ,. .. '{ .. .. .. .~ Maybe ~ ... ~... "MII20P'_ (1'" fll"G'_~ --- "---'~;" Or' ~ b. Development of n_:l' expansion 01 existing indUSlrial. Ves camrnen:ial D' OllIe. ~ses wll;c, g_..e noise ""'els on ..... cantaining hlIuSlIlg. ~ls. hu1lh care IdIies or ClIher sensilive uses aIlOV8 an Ldn 01 55 dB(A) exterior D' an L.dn 0145 dB(A) interior? Co Ofller? I. ~d U..: WiD Ille proposal ..suB in: L A chanlle in Ille land use as designal8d on Ille Gene.. Pl8n? L Hauslnll: WilIlle prapout L Remove oisling houSing or ere- . demand fa. addlional hDuSinll? b. Otller? t. TraMfHlttaUan I CIrculation: Could Ille III ~p~ -4. in c:ampa1iIan willi Ille ClIcuIaIiDn Pl8n as idenIiIied in Sec:Iion 1.0 _ Cirl:uIaIion 0I1lle ClIy's GenerW Pl8n. ....1 in: L An increase in traffIC lllal is grute. Illan Ille land use design.ad on Ille Gene.. PI..? b. Use 01 uisling. or demand lor n_. parlcing Iacililia/SllUClW8S? Co Impacl upon elisting public vansponalion systMIS? . d. AIIeration 01 present pallems 01 circulalilln? e. ImpacllD rail D' air trallic? I. IncrUHd s8lety llaZaIds 10 vehicles. bi..,disIs or peaeslrians? g. A disjointed p8lIem 01 roadway i~n1S? h. Signjf'anl i.len U. in lraKlC volumes on Ille IOadwayS or interSeClions? i. Otller? .... r"..- -.. Q-' ""'I No ~( ,. ...l. , ,- .. x x v .. x 'r :{ ,- .. y. x ,. .. x Maybe ... b. Oevelopmerl wil!lin an AirpCln Oislrid as idlllllifl8d in Ille Air Installalilln c.vnpaullIe Use lone (AICUZ) Report and Y. Ille Land Use Zoning Oislricl M.p? Co Oevelopm8n1 wilhin FootlliD FA Zanes A & B. or C as identiliad on Ille Land Use loning Oislric:l Map? v " d. Otller? X 7. JIm Made ~rd.: WiD Ille projed: L Use. _. transJllln D' dispoSe 01 hazardous or lDXic maI8riaIs (including but nCIllim3ad III oil. pesIicides. c:hemicais D' radiation)? ,. .. b. Involve Ille ..... 01 hazardous sullslanCU? ,. .. Co Expose people tD Ill.. potentisllledh/S8l-'Y haDnIs? 'r . d. Otller? ,- .. II\.AN-UII PMa& 'OF _ t11'" "_.."._~~.,,",, 0.. r- 10. Public SeIYICH: WiD the propelS" inpaCI th8 tollawing beyond the capaDilily to provide adeqUale .... al service? .. F"e pnlledion? b. Police pratec:tion? Co Scheels (i.e~ atlltlldanc:e, bouncialies. ~ 8IC.)? .d. PaJlcs or ather rec:realan.I facililiB? ... Medical _? 'f. Solid W_? g. Other? 11. UtlDU_ WiltIle prapasaI: L Imped the fallawing beyond 1M ~ II ptIlYide adeqUllle 1__ of service or require the canstnlClian al n_~? 1. NaIuraIgllS? 2. ElMJ>Uly? 3. W.er? 4. s-? s. Other? b. Aesul in . disjainl8Cl pdIm al UliIy---' Co ~u..lhe canstrUdian at_....., 12. AnIJIetIcr. L Could llMI ... ~p nw ,.... in the abIIruClian al ." .-uc ....? b. Wil1IIe visual impacI alllMl prajecS be ...h........ to 1IIe SlIfIIlUIlllin9 -, :. Other? 13. CUltural 1;'8-- ~.... CauId llMI JIftlIIOUI NUl in: L The ......... or dalrUcIian at a... A' 1 ic or hislOric an::hMOlagicalsa by ..... L 'J, -.. wiIhin .. arcIlMaoOllical sensilift _ a ido.4'~ . in Sedlan 3.0. HistonCaI. Figure" atllle CiIy's GeMnII Plan? b. AIl8l8lian or cIeslruCIilIn ata hbI&..~ .. sIrul:IIn or abjec:Ia listed in the CiIy's HilDie ~ R.oOnn*_...,. SUIV8J? c. ou.r? Q': Yes No X . y v .. ... A V '" ,. -. }~ x :r. .. . ,. .. .. .. .. . x ,. '" J-: ~. ., .- x .. . .... Maybe ... ...tI'~=== .......... "1GI4011_ l1'''' Of r o 14. MIIndatary findings of S1gnll1can~ (Soic:lion 15065) The ~ilamia EmriftlnmenW QuaIiIy ~ stales that W any of the following can be __red yes or maybe. the pnljec:l may h.... a sign~icanl e1fec:l on the environment and an Environmenlal Impact Report shall be pr.".... a. Ooes the prlljed have the poIentiallO degrade the qualily of the emriRmmenl. sUllSlarmatIJ reduce the hmilal 01 . fish or witdl!le species. cause . fish at wildl1le pap -n :0 arap beIclw 58' sustaining levels, lhre.en II eIim,nale . planl or animll aammunily. reduce the lIUlIlber at rBIricIthe range 01 . rare or endanllered plan! at animal or eiiminale impor1anl exampleS 01 the major penadS 01 Calilamia hislDry orprehisllry? b. Does the prlljed h_the poIemia1lO ch.... shoIt- term. ID the cIisadVIntage oIlang-term. envirantnenlaI goals? (A 1hDrt-term impaCl on the -wanrnenl is one which _ in . NI." .elf briel. definitive period 01 time whH long-term impCIS will endure well inID the lulu...) c. Does the pnljec:I haw impICIS which - indivicIudy irnil... but c:umuIaIiWIJ CDlSideFlble? fA projec:t may impact on two or mare separate __ where the impec:l an e8Ch .- is rlllatively small. bul where the eftec:l 0I1he 1IllIaI aI tIIIIIe impec:lS an the environment is signi"art.) d. Does the pnljec:I haw ..a.~_.....ntal etteelS which wiG _ ....lIiaI.... -aeelS an human beings, eilher direcdy or indirec:llJ? Yes No Maybe .. .. x x x c. DlSCl./SSION OF ENVIRONMENTAL EVALUA110H AND MITlGA1lON -..""JRES (Aach sheetS ... -y.) ~~.ase refe: eo attached s=eets. ""'-- .... ~ PIGI5OF_ I"'" o Historic Building Demolition ordinance (DEMO OROl: Initial Study Environmental Review Committee meeting of April 2, 1992 3 . 0 ENVIRONMENTAL ASSESSJlENT o 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. The draft ordinance proposes to continue the Historic Preservation Task Force in its advisory body role. The Task Force's responsibilities .would be directed at overseeing the development of the Historic preservation program. The draft ordinance would establish the city's planning commission as the review authority for specified Demolition Permit Applications. No potential impacts regarding the continuation of the Historic,preservation Task Force or the utilization of the planning commission for project review have been identified. The Demolition Permit review process described in the draft ordinance provides for the review of specified resources by establishing evaluation thresholds based upon information contained in the city's Historic Resources Reconnaissance survey (survey). (Refer to Exhibit A, Draft Historic Building Demolition ordinance, Section 15.37.045 Evaluation Thresholds and Review 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. - o o Historic Building Demolition Ordinance (DEMO ORD): Initial study Environmental Review committee meeting of April 2, 1992 3.1 DJlDA'rORY J'J:BDJ:NGS OJ' SIGHJ:J'J:CUTCB (section 15065 of the CBQA Guidelines) The project does not have the potential to eliminate important examples of the major periods of California history. Adoption and implementation of the draft 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. - o :0 ~ D. DETERMINATION On the basis of this initial study, o The proposed project COULD NOT have a signifant efleel on the environment and a NEGATIVE DECLARA- TION wm be prepared. o The proposed projecl could have . significant eflllCl on the envitonment, akhough there will not be a sign~icant efleel in this case because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION wi! be prepared. o The proposed projecl MAY have a significant effect on the envitonment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAl REVIEW COMMITTEE CITY OF SAN BERNARDINO, CAlIFORNIA Larry E. Reed, Assistant Director Planning and Building Services Department Name and TIlIll Signature Date: April 2, 1992 ==~s...:..: ~ PMIE_OF_ {"-tOI o o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT INITIAL STUDY .... r ..... HISTORIC BUILDING DEMOLITION ORDINANCE (DEMO ORDl Pro;ect oescrintion: An ordinance of the city of San Bernardino repealing and replacing Chapter 15.37, establishing new policies and provisions for the review of d_olition permit applications for buildings and structures fifty years old or older and providing for the continuation of the Historic Preservation Task Force. Pro;ect Location: Citywide Date: March 25, 1992 Annlicant's Name and Address: city of San Bernardino 300 North -"0" street San Bernardino, CA 92401 rnitial studY prenared Bv: Deborah Woldruff Associate Planner ci ty of San Bernar4ino Pl_WR'ftq and Building service. Department 300 North "1)n street San Bernardino, CA 92418 ""- PLAN-&C7. DMJE 1 OF 1 t4-lOl cm''''''~ ..... T I 1 :& o 0 Historic Building Demolition Ordinance (DEMO ORD): Initial study Environmental Review Committee meeting of April 2, 1992 1.0 IHTBODUCTIOR This report is provided by the city of San Bernardino as an Initial Study which evaluates the potential environmental impacts resulting from the Historic Building Demolition Ordinance (DEMO ORD). A description of the project is provided in Section 2.0 on the following page. As stated in section 15063 of tlle california Environmental Quality Act guidelines, the purposes of an Initial Study are to: 1. Provide the Lead Xgency 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 enablinq the project to qualify for Neqative Declaration; 3. Assist the preparation of an EIR, . if one is required, by: (A) Focusinq the EIR on the effects determined to be siqnificant, (B) Identify the effects determined not to be siqnificant, and (C) Explaininq the reasons for determining that potentially siqnificant effects would not be siqnificant. 4. Facilitate environmental assessment early in the desiqn of a project; 5. Provide documentation of the factual basis findinq in a Neqative Declaration that a will not have a siqnificant effect environment; for the project on the 6. Eliminate unnecessary EIRs; . o o Historic Building Demolition ordinance (DEMO ORD): Initial study Environmental Review Committee meeting of April 2, 1992 < 7. Determine whether a previously prepared EIR could. be used with the project. As stated in Section 15152 of the CEQA Guidelines, Agencies are enc=uraged to tier EIRs which they prepare for separate .-.:-: related projects including general plans, zoning _.;anges and development projects. This approach can eliminate repeti-:ive discussions of the same issues and focus the EIR on the actual issues which require decision at ea~ level of environmental review. Where an EIR has been prepared for a program, plan policy or ordinance consistent 'with the requir_ents of this section, any lead agency for a later project pursuant t~ 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 to suDstantial 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 qeneral plan and zoninq of the city of county in which the project would be located. 4. The Initial Stuay shall be used to decide whether and to what extent the prior En is still sufficient for the present project. 5.. When tierinq is used, the later EIRs or Neqative Declarations shall refer to the prior EIR and state where a copy of the prior En may be examined. The later EIR should state that the lead aqency is usinq 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 . "c_.__ Historic Building Demolition ordinance (DEMO ORD): Initial study Environmental Review committee meeting of April 2, 1992 Plan. As required by CEQA, the General Plan EIR provided a Droad overview of the futur!! growth llllowed wi thin the city in accordance with the Plan's ~ision. It is the intent of ~is Initial study t~ tier this pr~ject with the certified EIR prepared for to'!e Gene:al ?lan. The Initial Study will determine potential impacts if the Historic structure Demolition Ordinance ~s cre~~ed and whether 2ey were addressed in :he General Plan EIR. The Initial study will determine the level of significance for any impacts identified that were not addressed in the General Plan EIR. 2.0 PROJECT DESCRIPTION The Historic Building Demolition Ord (DEMO ORD) would repeal and replace Chapter 15.37, the Urgency Historic structure Demolition ordinance (KC-694) in the San Bernardino Municipal Code (SBKC). This ordinance would estaelish new policies and provisions for the review of Demolition Permit Applications for Duildings and structures fifty years old or older and provide for the continuation of the Historic Preservation Task Force. (See Exhibit A, Draft Ordinance) 2.1 are. CJaaracteristic:a _4 BacklJr01Ul4 The City has approximately 8,000 Duildings and structures that are fifty years old and older that are listed in the Historic Resources Reconnaissance Survey (survey). Th_ 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 ZODe designation. It also identifies individual resources deemed as having rotential historical significance for architectural s~yle and/or cultural considerations. The draft ordinance will estaelish thresholds of review for the determination of historical significan:e of resources based upon the Survey information. o o , CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST r A. BACKGROUND San Bernardi~o Municipal Code Chapter 15.37 ~1~ionNum~r. Historic Building Demolition Ordinance (DEMO ORD) P~eaDe~~n: Ordinance of the City. . . amending and replacing Chapter 15.37; establishing new policies and provisions for the review of Demolition Permit AP~lications for buildinqs and structures fifty years old and older (specified); and, the contin uation of the Historic Preservation Task Force. Location: ci tvwide Environmental Constraints Areas: N I A General Plan Designation: N I A Zoning Designlllion: N I A B. ENVIRONMENTAL IMPACTS Explain an.-... .... appropriate, on a separate aIlaChed sheet. 1. Earth Rnourcea WiD the pIOpllSlIllllSllll in: Ves No Maybe a. Earth movement (cut and/or fill) 0/10.000 cubic yards or more? X b. Development and/or grading on a slape glUIer than 15% natural grade? X c. Development within the Alquist-Priolo Special Studies Zone as defined in 5eaion 12.0 - Geologic & Seismic, Figure 47, of the Cily's GenMaI Plan? X d. ModKication 01 any unique geologic or physical leature? X e. Development within areas defined lor high pllIentiallor water or wind erosion as identifllld in SecIiIln 12.0. Geologic & Seismic. F''llure 53. oIlhe CiIy's General X Plan? I. ModKication 01 a channel, creek or river? X crno_~""~ --- ~ PlAN-I.OI PAGE' OF _ 11t.1O) ~.----_._-<--",""~:" J.,.. 0, g. Develaplllent within an area subject to landslides. mudSlicl'" Iiquet_ or ath<< similar haZfts as idantitiad in Sac:liDn 12.00 Geologic & Seismic, FIllU- 48. 52 and 53 at the City's General Plan? h. 0Ihar? 2. Alr~: WiD the proposalresuft in: L Substantial air ....isSions or an attacl upon ambient air quality as defined by AQt.lD? b. The c:rMIion 01 objactionable odors? c. Development witht"'l a high wind hazard .... as idanlitiacl in Saction 15.00 Wind & F.... Figura 59. oIlha City's GaIln Plan? 3. Water RHDur-: WiD the pIOIlOsal reaut in: L Changes in absorption rat... d,.;"age paIIams. or the rate and amount 01 sulfaca NnoII due II) imparmubla sud_s? b. Changes in the Cl)ursa or tlow 0I11ood _e,.? c. !;lSChaI;e into sulf_ walers or any abration 01 ....rtKa _r quality? d. Cha.1gII in the quantity 01 quality 01 gmund -.r? .. exp.-.,. 01 paopIa or JlIIlI*IY to IIood hazanIs as idanIiIiad in the Federal EmalVan:y Management Agancy's Flood InsInnCa RaIa Map. Community Pan" Number 0611281 o. and SactilIn 16.0 . Flooding. Fig_ 62. 01 the CiIy'. GanaQI Plan? l 0Ihar? 4. BIoIagIllal Raeou_ Could the IU~: .' rasul in: L Developmanl within the BkiIogil,. Alia .:as ~.. o-tay. as iclauliliad in SactilIn 10.0 o Natural R-. Fig_ "1. oIlha CIIy'. General Plan? b. ClIanga in the IIIIInbar 01 any unique. ,.. or anclangered spacias 01 pIe/lIS or 1hair habiIaI including __01_1 c. Change in the number 01 any unique. ,.. or endangered spacias 01 animals or their MbiIal'1 d. RamovaI 01 WobIa. mature ltHI? (&" or graalar) e. Q1har? S. HolM: Could the '" a~ a." rasul in: L OIlV" pmenI 01 hou8ing, haaIIh _,- -... .eM crl, lb..... raIigiouI fdllial or otIlar...... ..... - in _.... existing or fIIIIn noiu....... -- .. Ldn oilS dB(AI IXlIIior .. .. Ldn of 45 dB(AI inlwior as idalllifiad in Saclion 14.00 Noise. Figures 1.e .. 1""13 oI1ha Cly'. Gall... Plan? ... " ... - --- 0' ,-. - .., Ve. ,. No .. ,. ,- . .. , v .. v .. x x ... .. Yo ... .. o' ~.. v '0 ,. .. ..{ .. .. ., -" Maybe ~ ~... '''ZOF_ C',.. 0- r I.. . &:and U..: WiD th. pnlIXlsal resul in: a. A chang. in the iand un as d.signilled an th. ~n.ral PIen? tl. O_lopm.1'II wiI!lin an AiI!Xln Oiane:: as id.ntifled in th. M Installalion C=pa\1lIIe Use ZlIne (AICUZ) Repart 8IlII th. Land Use ZlIning Dislric:l Map? c. O.".lopm.1'II wittm Foamil Fore ZlInes A & B. or C as id.ntified an !he UncI Use ZlIning Oislricl Map? d. OIher? 7. Man Made HazardE Wiltt:. plOjec:l: a. Us.. sill,.. nnsparl or dispoSe cl huanlouI or lDXic materillll (including bullllll fim~ed lD oil, pesticid... chemic:ais or radiatian)? tl. Involve the ",Ie... oIlIaZatdous subsl8nCII? c. Expose peapIe tD!he JllIIenlW huIIIlIgIlly heDrdI? d. OIlier? L Houslng: W111he "'. ... L Remove .Ilisling hDuIing or __ a demand lor addiliDnal hauling? tl. 0lIIer? t. Tmnapanatlan I ClrcuIatIan: Could \he I" ~... in camparilon wiIh !he CiIalIaIilln Plan as ido..4L.d in SedicIn 6.0 - CilculaliOll at !he ClIyI General Plan. -' in: a. An inca_ in lndIiclllal is ~1han \he lend UN designaled on lIle General Plan? tl. UN at .xisting. or cIemancI far..... parking tacililies/slnlClUl'-? .. c. Impact upon .xisting public ~ syams? ' d. Alleralion at pruenl pall.... 01 cilcuIaIian? .. Impact lD rd Or _lndIic? t. lncreaIed safely hazardS ID vehiclel.llic:r~ or pec....uialls? g. A disjointed paa.n at raadway ~..p.IlIllllIllMll? h. $ignific:anl incr.... in tnIIic WIlutneI on lIle raadwayS or inlersec:tianl? L OIlIer? o. """l No '< .. .. .- -. 1.: v .. x .. .. ,. .. .... . ,- -. x x v .. x 'r :{ ,- .. 1.: x .. .. x Maybe Pl....AIMa P..:tOF_ (11-101 b. O.".lopmenl at n_ :r .xpansion at existing industrial. Y.s camm.rciaI ar ather ..... wIlic:: g_. noise 1ev.1s an __ aantaining hlIuIIIlg. ~II. heallh care Iacif"dies or ather senulV. _ _ an Ldn at 05 dB(A) .xt.rior ar an Ldn at 45 d8(A) interior? c. OIlIer? .... ~-=== ...j ~-~,~..."'. Q. , 10. Public Serv'-: Wi. the pnIIlOsal imp8CIthti following beyond the C8fl8Ililily III pravide ad."osoa levels of service? a. Fire JIIDIecliDn? b. PoIicI JIIDIecIiDn? c. ~ rLe~ lIIenda.-. baundmils. averlclad. 1Ic.)? ..c1. PIJks or oIher ~ioMl f8Cililils? . L Medical aid? f. Solid W_? g. Olher? 11. uuau_ WiD the prapoAI: a. Impecl1he Iollowing beyOnd 1he ~T4y lD JWVide ..~ levels of service or Nquir81he 00/lSlIIIdi0n 01 n_ flIciIiIiIs? 1. NDnIgu? 2. e...a. ;dIy? 3. WlIIer? 4. s-r? 5. 0Iher? b. ResuIIIn. disjointed pdiIIII oIldiIy _Iia,.? c. Requn1he =nslIUCIiDn 01_1 .~U? 12. M8IIlet_ a. ~~lhe~r .__In1he~of~ .-uc view? b. WiD 1he visual impecI oIlhe projIclbe cIIIrime... III tile sunounding _? :. Olhotr? ,3.. CUltUral ~..'_1."8:. CouIdthe~ r ....,....in: a. The deration or ~ 0I.........k. or , hislDric M:!luologalsiUllly .t...lIQP 'IlIl1I wiIhIn m ~a1 sensiM __. idowllil"lIlIln SecIion 3.0 - HislDfD. Ftgtft" 0I1he Cily's ~ P1M? b. AIlIllllion or deslnIc:Iilln of a ". ... .. slNCI1ft or olljecI_ lisled in the City's HislDric Resoun:8s Recannaissa1X8 S.....,? c. Olher? 0.: Ves No x y :t .... A v .~ ,- .. >~ To - ~. _r ,r .. ... .. ,r . x ... " ,.: -r 'r .. x .r . Maybe .... .... .......... __.01='_ 1"'" ~ClI'_=== a O. , 14. "'ndatary FIndings of SlgnlllcanClt (SoicIiDn 15065) Th. CaIiIarnia EnviraM*IQJ Quality /iC. Slat.s that W any oIth. lollowing can be answered yes or maybe. !he prajec:l may h.... a SJgfIiflCal1l 8flecl on the .nvironment and an EnviranmemaJ Impad RepoIl sII8lI be prepar.... Y.s No Maybe L 00.5 the pn:ljecl have the pclIentiaJ lIS degrade the quality 01 the environment. sullIlanIially reduce !he haDilat aI a fish or wildlile species. cause a fISh III wildl.. p"p'.......n lIS dftlI) belaW .1 sustaining levels, thr..... ID eimin.. a pIanI or animalaxnmunily. reduce !he runbet or r-a !he range aI a rare or _angered planllII ....... or aliminaIe im...... WII examples a11he majar pariodS aI Cali1amia his1Dly or pnoh. I 1? .. .. b. Does !he pIajec:l have the pclIentiaJ III chieve shalt- t.rm, ID the disad'o..t.". a11ang-tenn, MViranmenl&l goalS? (A shaI1-tenn impIICI an the enviranlnenl is an. which _ in a ,.aIiwlJ brieI. definilive perillcI alliin. while Iang-Ienn impacts wiI endur. well inID Ihe IuIurL) x c:. Does Ihe prajec:l have iqIacIs which - individudr &miIed, but c:umulalMl1 CDlSiderabIe? (A projec:l may imp&:ton _or men ff, _ ___ wheM1IIe imp&:t an aach _ is f~ small. but...... Ihe e1fac:l a1111e IDI&I a1__ impac:lS on the emrilQlllMlll is 1iIP..........) d. Does the pnljacI have ...~_.memal eIleclS which wiI _ ,,' IIiaI adwne eIleclS on human beings. .ilher dirac:IIJ fit incIiNl:IlJ? , 'lC y. Co DISCUSSION OF ENVIRONMENTAL EVALUA110N AND InlGAnON MEASURES (AIIach sheG _ n- 'Y.) ~~~ase re=e: to attachec s=eets. .... -..- - ,.".... 'IG&$OI=_ cn... o 0 Historic Building Demolition Ordinance (DEMO ORD): Initial Study Environmental Review Committee meeting of April 2, 1.992 3. 0 ENVIRONHEN'l'AL ASSBSSMEN'l' As stated, this Initial Study is tiered from the General Plan Environmental Impact Report (EIR) which iden~ifies 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. The draft ordinance proposes to continue the Historic Preservation Task Force in its advisory body role. The Task Force's responsibilities would be directed at overseeing the development of the Historic Preservation Program. The draft ordinance would establish the city's Planning Commission as the review authority for specified Demolition Permit Applications. No potential impacts regarding the continuation of the Historic Preservation Task Force or the utilization of the Planning Commission for project review have been identified. The Demolition Permit review process described in the draft ordinance provides for the review of specified resources by establishing evaluation thresholds based upon information contained in the City's Histor~c Resources Reconnaissance survey (Survey). (Refer to Exhibit A, Draft Historic Building Demolition Ordinance, Section 1.5.37.045 Evaluation Thresholds and Review 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. o Historic Building Demolition ordinance (DEMO ORD): Initial study Environmental Review committee meeting of April 2, 1992 o 3.1 lIABDATORY FINDINGS 01' SIGNIFICANCB (section 15065 of the CBQA Guideline.) The project does not have the potential to eliminate important examples of the major periods of california history. Adoption and implementation of the draft 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. . o o ~ ""l D. DETERMlNAnON On the basis of this in~ial study, 0' The proposed project COULD NOT have a sign~icanl effect on the environment and a NEGA nVE DECLARA- TION will be prepared. o The proposed project could have a sign~icanl effect on the environment, although there will not be a sign~icant effect in this case because the mitigation 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 Larry E. Reed, Assistant Director Planning and Building Services Department Name and Title /7 -{ Lift.., Signature i , Date: April ~~~/ . 2, 1992 ~-~:~ .. ... PUlN-IJlI .ME _OF _ 11..... o 0 ORDJ:NANCE NO. MC ORDJ:NANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPLACING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES. 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 IIII 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 BUILDING DEMOLITION ORDINANCE 15.37.010 Findinas and Puroose. The Mayor and Common Council find and declare: 28 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 1 o o permit applications for pre-194l 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 Building 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 of this Chapter, the words, phrases and terms set forth 19 herein shall be deemed to have the meaning ascribed to them in this 20 Chapter. 21 Building - Any structure having a roof and walls built 22 and maintained to shelter human activity or 23 property. 24 Demolition - To destroy any building or structure so that 25 it is no longer standing or functional. 26 Report - Historic Resource Evaluation Report, a report 27 that evaluates the historical significance of 28 a resource based upon established criteria. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 intent o o 1 Resource - A building or structure as defined in this 2 Chapter. 3 structure - (1) Any structure having a roof and walls 4 built and maintained to shelter human activity 5 or property; or, 6 (2) a work made up of independent and 7 interrelated parts that performs a primary 8 function unrelated to human shelter. 9 Survey - Historic Resources Reconnaissance Survey 10 (Volumes 1-5 and Attachments, April 30, 1991 11 and all subsequent revisions), a citywide 12 survey of buildings and structures constructed 13 prior to December 31, 1941 which provides 14 baseline information regarding the types and 15 locations of resources, approximate 16 construction dates , representative 17 architectural styles, construction materials, 18 and contextual historical themes. 19 Task Force - The Historic Preservation Task Force, a 20 commi ttee appointed by the Mayor and Common 21 council to oversee the Historic Preservation 22 Program. 23 15.37.025 Historic Preservation Task Force. The Historic 24 Preservation Task Force (Task Force) was established by MC-694 and 25 the Task Force members were appointed by the Mayor with the 26 concurrence of the Common Council. Under the provisions of this 27 Chapter, the Task Force shall continue to oversee the Historic 28 Preservation Program in an advisory capacity and perform other 3 o o 1 duties as established by the Mayor and Common Council. This Task 2 Force shall exist until the Mayor and Common council determine that 3 it is no longer needed. 4 15.37.035 Demolition Prohibited. No building or structure 5 fifty (50) years old or older shall be demolished unless a valid 6 Demolition Permit has been issued in accordance with this Chapter. 7 15.37.040 Danaerous Buildinas Exemoted. The demolition of 8 any building or structure fifty (50) years old or older shall be 9 exempt from-the provisions of this Chapter if findings have been 10 made by the Board of Building commissioners or the Building 11 Official pursuant to other provisions of the Municipal Code 12 declaring that the building or structure is either a public 13 nuisance or a dangerous building. In such instances, a Demolition 14 Permit may be issued in accordance with all other city ordinances 15 and requirements. 16 15.37.045 Evaluation Thresholds and Review Reauirements. 17 Buildings and structures fifty (50) years old or older proposed for 18 demolition shall be evaluated to determine historical significance. 19 The level of review required shall be determined in accordance with 20 the following thresholds and requirements which are based upon the 21 Historic Resources Reconnaissance Survey (Volumes 1-5 and 22 Attachments, April 30, 1991 and all subsequent revisions): 23 A. A Historic Resource Evaluation Report (Report) shall be 24 required for any resource identified on a modified 25 California Department of Parks and Recreation (DPR) 523 Form 26 (Volume 3, Appendix B, Resource List and DPR Forms) or 27 located within an area identified as being potentially 28 eligible for Historic District designation and listed as a 4 . o o contributing resource (Volume 3, Appendix C, Historic Districts and overlay Zones, Items 1. through 4.). 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 15.37.059 of this Chapter, the Director of Planning and Building services shall evaluate demolition proposals for these resources to determine the requirement for a Report. Demolition Permit Applications for buildings and structures which are listed only on the Tabular List or not included in the survey shall not require a Report unless the Director of Planning and Building services determines that a Report is required based upon new historical or cultural information not contained in the survey. 19 When required, Historic Resource Evaluation Reports shall be 20 prepared in accordance with Section 15.37.050 of this Chapter. 21 15.37.050 Historic Resource Evaluation Reoort. A Historic 22 Resource Evaluation Report required as a submittal for a Demolition 23 Permit Application shall contain the following elements: 24 A. Purpose and Scope 25 B. Methods of Evaluation: Field and Archival 26 c. Location and Setting 27 D. Architectural Description of the Resource 28 E. Historical Background 1 2 3 B. 4 5 6 7 8 9 10 11 12 13 c. 14 15 16 17 18 5 o o 1 F. statement of significance 2 G. Alternatives to Demolition (e.g., Retention, Relocation, 3 Rehabilitation, Restoration and Adaptive Reuse) 4 H. Conclusions 5 I. Recommendations 6 J. Mitigation 7 K. Archival Documentation (Appendices) 8 The statement of Significance element (Item F. above) shall 9 be made using the criteria listed in.Section 15.37.055 of this 10 Chapter and the National Register criteria for evaluation and shall 11 include a discussion of the related historical contextual themes. 12 The archival documentation (Item K. above) of the resource 13 shall include a completed DPR 523 Form and archival quality photo 14 documentation. This information shall be included as an appendix 15 to the Report. 16 Preparation and submittal of the Report shall be the 17 responsibility of the applicant. All Reports shall be prepared by 18 consultants who meet the professional qualification standards for 19 the field of Historic Preservation as described in the Federal 20 Register. 21 15.37.055 Criteria for Determination of Historical 22 Sianificance. 23 1. The building or structure has character, interest or 24 value as a part of the heritage of the City of San 25 Bernardino; or, 26 2. The location of the building or structure is the site of 27 a significant historic event; or, 28 IIII 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IIII 28 IIII o o 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, 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, 8. The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district; 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. Director Review - The. Director of Planning and Building Services shall determine whether to issue a Demolition Permit for an Application which does not require a Report 7 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 in accordance with Evaluation Thresholds B. and C. and the requirements specified in section 15.37.045 of this Chapter. 2. 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 review, the application and the environmental determination shall be reviewed by the Planning Commission. 3. Planning Commission Review - The Planning Commission shall review Demolition Permit Applications to determine the historical significance of the resource based upon the criteria set forth in section 15.37.055 o.f this Chapter. The Planning Commission may also consider the National Register criteria for evaluation. Based upon the information provided, the Planning Commission shall take action on the environmental determination and approve or deny the issuance of the Demolition Permit. When a Demolition Permit Application is denied because of a determination of historical significance, the Planning Commission shall forward that recommendation to the Mayor and Common Council. S . o o 1 If the Planning Commission approves the Demolition 2 Permit Application, the Demolition Permit shall be issued 3 in accordance with the Planning Commission action and 4 following compliance with the provisions of this Chapter 5 and all other City requirements. 6 4. Effective Date of Permit - Demolition Permits shall 7 become effective 16 days following the final date of 8 action (i.e., approval) by the Director or the Planning 9 Commission unless an appeal has been filed pursuant to 10 section 15.37.070, which shall stay the issuance of the 11 Demolition Permit until after the Appeal is decided. 12 15.37.070 Aooeals. Any person may appeal the decisions of 13 the Director of Planning and Building Services pursuant to this 14 Chapter to the Planning Commission. Decisions of the Planning 15 commission pursuant to this Chapter may be appealed to the Mayor 16 and Common Council. 17 An appeal must be submitted in writing with the required 18 appeal fee (if applicable) to the Planning and Building Services 19 Department within fifteen (15) days following the fina~ date of the 20 action for which an appeal is _ made. The written appeal shall 21 include the reason(s) why the Historic Resource Evaluation Report 22 should or should not be required; or why the Demolition Permit 23 Application should be granted, denied or exempt from the provisions 24 of this ordinance. 25 15.37.080 Severabilitv. If any section, subsection, 26 sentence, clause or phrase or any portion of this ordinance is for 27 any reason declared invalid or unconstitutional, such decision 28 shall not affect the validity of the remaining portions of the 9 . o o 1 ordinance. The Mayor and Common Council, hereby, declare that it 2 would have adopted this ordinance and each and every section, 3 subsection, sentence, clause or portion thereof irrespective of the 4 fact that phrase, or any portion thereof would be subsequently 5 declared invalid or unconstitutional. 6 15.37.085 Penaltv. Any person, firm or corporation, 7 whether as principal, agent, employee, or otherwise, violating or 8 causing the violation of any of the provisions of this Chapter is 9 guilty of a misdemeanor, which upon conviction thereof is 10 punishable in accordance with the provisions of sections 1.12.010 11 and 1.12.020 of this Code in addition to any other civil or 12 administrative remedies. 13 15.37.090 Fees. Upon submittal of a Demolition Permit 14 Application to the Planning and Building Services Department, the 15 applicant shall pay all applicable Planning Division fees as 16 adopted by the Mayor and Common Council for an Initial study and 17 for the Planning Commission review. The applicant shall pay all 18 required Building Safety Division fees as adopted by the Mayor and 19 Common Council prior to issuance of a Demolition Permit." 20 IIII 21 I I I I 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII 10 8 ESTRADA 9 REILLY 10 HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 18 19 20 21 22 o o 1 ORDINANCE...ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS 2 AND STRUCTURES. 3 I HEREBY CERTIFY that the foregoing ordinance was duly 4 adopted by Mayor and Common council of the City of San Bernardino 5 at a meeting thereof, held on the day of 6 , 1991 by the following vote, to wit: 7 Council Members AYES NAYS ABSTAIN ABSENT City Clerk The foregoing ordinance is hereby approved this day of , 1991. W.R. Holcomb, Mayor City of San Bernardino Approved as to 23 form and legal content: 24 JAMES F. PENMAN, 25 CitYnAttorney? By: iJ,d.,...,. 1-. r e..",..,.......... (';/ ."/ 26 27 28 11