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HomeMy WebLinkAbout37-Planning and Building ~". "CITY OF SAN BER~RDINO - REQUEST 90R COUNCIL ACTION From: Al Boughey, Director Subject: Historic Demolition Ordinance De~: Planning & Building Services D~~ July 30, 1992 Mayor and Common Council Meeting August 17, 1992 Synopsis of Previous Council action: July 20, 1992, the Mayor and Common Council continued this item to the August 17, 1992 Council meeting. June 15, 1992, the Mayor and Common Council continued this item to the July 20, 1992 Council meeting. June 1, 1992, the Mayor and Common Council continued this item to the June 15, 1992 Council meeting. May 4, 1992, the Mayor and Common Council continued this item to the June 1, 1992 Council meeting. Recommended motion: That the hearing be closed, that the Mayor and Common Council adopt the Negative Declaration; and further reading of the ordinance be waived and it be laid over for final adoption. ature Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct, No.1 (Acct. OescriDtionl Finance: Council Notes: 75-0262 Aoenda Item No, :3 7 CITY OF SAN BERNORDINO - REQUEST OR COUNCIL ACTION STAFF REPORT SUBJBCT Historic Building Demolition Ordinance Amendment\ (ORDDEM No. 91-02) Mayor and Common Council Meeting of August 17, 1992 RBOUBST 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 This item was continued from the May 4, 1992 Mayor and Common Council to the June 1, 1992 Council meeting. It was then continued to the June 15, 1992 Council meeting and again continued to the July 20, 1992. On July 20, 1992, the Mayor and Common Council continued the project to the August 17, 1992 meeting so that staff change the draft ordinance based upon concerns expressed during preceding Council meetings. A summary of the changes is contained in Attachment 1, (Staff Report to the Mayor and Common council, July 20, 1992). 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. ! , o o Historic Building Demolition Ordinance Amendment Mayor and Common council Meeting of AUgust 17, 1992 Page 2 RECOMMl!lHDATION staff recommends that the Mayor and Common council adopt the Negative Declaration and approve the Historic Building Demolition ordinance. prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director planning and Building services Department Attachment 1: staff Report to the Mayor and Common council (July 20, 1992) Attachment 2: staff Report to the Mayor and Common council (May 4, 1992) (Attachments not included) Attachment 3: Initial study Exhibit A _ Draft Historic Building Demolition Ordinance (not included) Attachment 4: Historic Building Demolition Ordinance , , , /lSAN BERtu('.t>>INO ~OUghey, Director t: Planning & Building Services July 10, 1992 - REQUEST ~C'"" COUNCIL ACTION ........' Subject: Historic Building Demolition Ordinance Mayor and Common Council Meeting July 20, 1992 Synopsis of Previous Council action: May 4, 1992, the Mayor and Common Council continued the ordinance to the June 1, 1992 Council meeting. June 1, 1992, the Mayor and Common Council continued this item to the June'15, 1992 Council meeting. June 15, 1992, the Mayor and Common Council continued this item to the July 20, 1992 Council meeting. Recommended motion: That Planning Staff be directed to prepare an ordinance to be brought back for the August 17, 1992 Mayor and Common Council meeting. Al Boughey Phone: 384-5357 Contact person: Supporting data attached: Sta~f Report Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Soun:e: (Acct. No.1 (Acct. Descriotion I Finance: Council Notlls: 7!t-OZI2 Agenda Item No ~?I Attachment "1" - " O( ,"""" ( ......,.1 SUBJBC'l' Historic Building Demolition Ordinance Amendment\ (ORDDEM No. 91-02) Mayor and Common Council Meeting of July 20, 1992 RZOm:S'l' "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. BAcJtGROmm This it_ was continued from the May 4, 1992 Mayor and Common Council to the June 1, 1992 Councilmeetinq. It was then continued to the June 15, 1992 Council meeting and again continued to the July 20, 1992. Based upon concerns, expressed durinq preceding Council meetings, Staff proposes to revise the draft ordinance to incorporate the following elements: Establish specific mandatory timeframes for review and decisions on Demolition Permit Applications. There is uncertainty on the part of applicants as to how long the review process will take. A complete Application must have an environmental determination within 30 days and scheduled for the Planning co_ission at the first available meeting following the public review period required by the California Environmental Quality Act. Likewise, the Planning Commission review must be completed within 30 days of the first public hearing or the Application will be forwarded to the Mayor and Common Council; Modify ~e el_ents required for Historic Resource Evaluation Reports. Some of t.').e it_s may not be necessary for a determination of historic significance; and, Include a provision for the notification of the Historic Preservation Task Force of DemOlition Permit Applications so that they can make recommendations to the Planning Commission regarding the historic significance of resources and the approval or denial of applications. ( ~ 6 d / " aistoric Buildinq Demolition Ordinance Amendment If4yor and Common Council Meetinq of JUly 20, 1992 paqe 2 DYOR aJID CODOII COtJJfCrL 0P'l'rOH8 1. The Mayor and Common Council may direct staff to prepare the draft ordinance as proposed. 2. The Mayor and Common council may direct staff to prepare the draft ordinance with additional or other modifications. RECOMMB1mATrOH staff recommends that the Mayor and Common Council direct staff to, prepare the draft ordinance and brinq it back to the August 17, 1992 Mayor and Common Council Meeting. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Department C,TY.,.OF SAN BERk.QlDINO - REQUEST 1"C)t COUNCIL ACTION STAFF REPORT SUBJECT Historic Building Demolition Ordinance Amendment (ORD OEM 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 Counoil 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. 5-0264 Attachment "2" , -".--- ,. '. o ,-- v Historic Bu~ldi~g Demolition Ordinance Amendment Mayor and Common Council Meeting of May 4, 1992 Page 2 COMMENTS REC~IVED 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 on other important preservation issues such as the establishment of Districts and Overlay Zones, resource designation, design quidelines for restoration, funding sources and program implementation. 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 ~~e draft ordinance. Staff agrees with Dr. Mulvihill's assertion that the Survey is not -t. " o h ~ 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 Hist~ric 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 J). 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 ~e ordinance. . I , 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. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Department Attachment 1: Staff Report to the Mayor and Common Council (Marc~ 16, 1992) 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 1._._._- ..~ " - CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT """Ill INITIAL STUDY .. .... r HISTORIC BUILDING DEMOLITION ORDINANCE (DEMO ORDI Proiect Description: 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 Applicant's Name and Address: City of San Bernardino 300 North liD" Street San Bernardino, CA 92401 Initial Studv Prepared Bv: Deborah Woldruff Associate Planner City of San Bernardino Planning and Building Services Department 300 North "0" Street San Bernardino, CA 92418 l c:tn'~__ --- PLAN-l.o7 PAGE 1 OF 1 (".SlO) Attachment 3 , _0_.........._ ,; (0 - v Historic Building Demolition Ordinance (DEMO ORD): Initial study Environmental Review Committee meeting of April 2, 1992 1.0 INTRODOCTION 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 the California Environmental Quality Act quidelines, the purposes of an Initial Study are to: 1. Provide the Lead Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative DeClaration; 2. Enable an applicant or. Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for Negative Declaration; 3. Assist the preparation of an EIR, if one is required, by: (A) Focusinq the EIR on the effects determined to be significant, (B) Identify the effects determined not to be significant, and (C) Explaining the reasons for determining that potentially significant effects would not be significant. 4. Facilitate environmental assessment early in the design of a project; 5. Provide documentation of the factual basis finding in a Negative Declaration that a will not have a significant effect environment; for the project on the 6. Eliminate unnecessary EIRs; I ._~-..- ,. '. 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, zoninq _.~anges and development projects. This approach can eliminate repetitive discussions of the same issues and foC".ls the EIR on the actual issues which require decision at ea~h level of environmental review. Where an EIR has been prepared for a program, plan policy or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant ta 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 by the choice of specific revisions in the project, by the imposition of conditions, or other means. 3. Tierinq under this section shall be limited to situations where the project is consistent with the general plan and zoning of the city of county in which the project would be located. 4. The Initial Study shall be used to decide whether and to what extent the prior EIR is 3,:ill sufficient for the present project. 5., When tiering is used, the later EIRs or Negative Declarations shall refer to the prior EIR and state where a copy of the prior EIR may be examined. The later EIR should state that the lead agency is using the tierinq 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 .- w Historic Buildinq Demolition Ordinance (DEMO ORD): Initial Study Environmental Review Committee meeting of April 2, 1992 Plan. As required by CEQA, the Genera!. Plan EIR provided a broad overview of the futur~ growth allowed within the City in accordance with t~e Plan's vision. It is the intent of this Initial Study t~ t~ar this pr~ject with the certified EIR prepared for ~e General ?lan. The Initial Study will dete::1lline potential i::!pacts if the Historic Structura Demolition Ordinance ~s cre~~ed and whether they were addressed in :he General Plan EIR. The Ini tial 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 (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 Characteristics an4 Backqroun4 The City has approximately 8,000 buildings and structures that are fifty years old and older that are listed in the Historic Resources Reconnaissance Survey (Survey). These resources generally are located in accordance with the Ci ty' S historical development pat~erns. The Survey evaluates concentrations of resources and identifies areas eligible for either Historic District or Historic Overlay Zone designation. It also identifies individual resources deemed as having rotential historical significance for architectural s-cyle and/or cultural c~nsiderations. The draft ordinance will establish thresholds of review for 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 r ~ A. BACKGROUND San Bernardino ~unicipal Code Chapter 15.37 ApplicationNumber: Historic Buildinq Demolition Ordinance (DEMO ORD) Project Description: Ordinance of the City. . . amending and replacing Chapter 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 Constraints Areas: N / A General Plan Designation: N / A Zoning Designation: N / A B. ENVIRONMENTAL IMPACTS Explain answers. where appropriate. on a separate attached sheet. 1. Earth Resources Will the proposal resutt in: Ves No Maybe a, Earth movement (cut and/or fill) of 10,000 cubic yards or more? x b, Development and/or grading on a slope greater than 15% natural grade? c, Development within the Alquist.priolo Special Studies Zone as defined in Section 12.0 - Geologic & Seismic, F'9ure 47, of the City's General Plan? d, ModKication of any unique geologic or physical feature? x x x e, Development within areas defined for high potential for water or wind erosion as identKied in Section 12.0 - Geologic & Seismic, Figure 53, of the CiIy's General Plan? x X I. ModKication of a channel, creek or river? .. ~ ern ~ _ .....-.a --- PLAN-8.06 PAGE 1 OF" _ (11.90) -. - " 0 0 ""'l g. o.velopmenl within 1/1 area subjecllD landslides. Yes No Maybe mudslides, IiqueIlIClian or Olh... sllllilar hazards .. identified in Sec:lion 12.0 - Geologic & Seismic, .. F'lgUres 48. 52 and 53 of lIle City's General Plan? h. 0lIler? ,. , 2. Air R_urces: WiD lIle pnlIXlsal resutt in: L Substantial air ....issions or an effllCl upon ambient .. air quality .. dllfined by "QMO? , The creation of objeclionable odors? OJ' b. ., c. O""elopmenl ,.;u,in a high wind hazatd area .. identified in Sec:tJon 15,0 . Wond & Fire, F'Igure 59, of lIle City's X General Plan? 3- WetIII' R..ources: WiD lIle pnlIXlsal resutt in: L Changes in &OSOt:ltion rate.. :rainaqe pattems, or the rate and amount oJ surface runoff due to impermeable surfaces? X b. Changes in the c:curse or flow of flood waters? X c. Discharge imo surface _ers or any atteralion v of Sl'rtace _er qualily? .. d, Ch."ge in the quantity of quality of gltlund water? e, Exposure of peoole or JlltlI)8rty ID flood hazards .. identified in lIMl Federal Emergency Management Agency's Flood lr.sul'l/lC8 Rate Map, Community Panel Number 060281 _ - _' and Section 16.0. Flooding, F'Igure 62. of IIle City's General Plan? .. <, f. Other? OJ' .. 4- BiOlogical Re.xlrces: Could the Pltlposal rasutt in: a. Developmem within IIle Bi01ogicai Resources Manag....... Overlay, as identified in Sec:lJon 10.0 . lUtural Reso-. Figure 41, of lIle City's General Plan? b. Change in tile number of any unique. rani or endangered ~ of plants or lIleir habitat indueling X stands of _? c. Change in lIle number of any unique, rani 01' ,- endangered species of animals or lIMlir habitat? .. d. Removal 01 viable, mature trees? (6" or greater, '( Other? .. e. .. S. No"': Could lIMlll/llllOsal resutt in: a. Developmenl of housing. healh care 'wo;llt_,. schools, libraries, religious facilities or OIlIer -noiH. sensitive ..... in are.. wIleN _isting or future noise 1e...1s exCHd an Ldn 0165 d8(A' 8llIerior and an Ldn of 45 dB(A) interior .. identified in Sec:lion 14,0. Noise, F'tgures 1~ and 14-13 of lIle City's General Plan? .. "'" ~ -,---- ~I.GI ~JGlZOF_ Itl. --- ,. o ,.. o " ~ '. b. D....lopm.nt 01 n.w ~r .xpansion of existing induSlnat, comm.rcial or o1II.r "HS wIlic:: g.n'n111 noisl 1",.1s on areas comaining housong, schools, heaJlIl care facililies or OlIler Slnsllive uses above an Lan of 05 d8(A) .Xl.riot or ." Lan of 4S dB(A) int.rior? c. Olher? 5. Land U..: Will Ih. proposal resun in: a. A chang. in Ih. land us. as d.signaled on Ih. Gen.ral Plan? b. O....lopm.11l 'Nil!Iin an Airpon Cislricl as identified in Ill. Air InSlallalion ~bI. Us. Zon. iAICUZ) Report and th. Land liH Zanmg CislnCl Map? c. O.velopm.nt within FoothiU Fire Zon.s A & 8, or C as idlntified on th. Land Us. Zoning Oistnc:l Map? d. Olher? 7. MIIn-Mad. Hazards: Will!!:e projld: a. Us., store, transport or dispose of hazardous or toxic mallrials (including but nCllim~ed to oil, pesticid.s, chemicais or radiation)? b, Involv.tlll r...as. 01 hazardous subslanclls? c. Expos. people lolh. pollnlial h.allhJsalety hazards? d. Olher? 8. Housing: WiD th. proposal: a. R.mov. .xisting housing or Ctlalll a d.mand lor additional housmg? b. Olher? II. Trmlsponallon I Cln:ulatlon: Could Ih. proposal. in comparison w1lh Ih. Circulalion Plan as id.mifiId in Seclion 6,0 - Circulation oIlhI City's G.n.ral Plan, _uft in: a. An incr.as. in traffIC lhaI is greaterlllan tII. land use d.signated on lhI Gen.raI Plan? b. Use of exiSling. or demand lor n_, parking IciliIi.alsUUClUres? c. Impact upon .xiSling public ltansponation syst.ms? . d. Aft.ration 01 present pallerns 01 cilClllation? .. Impactlo rail Or air traffic? l. Increased safety hazards to v.hicles, bicyctists or JlICIestnans? II- A disjoinled pall.m 01 roadway improv.m.nts? h. Significant iner.... in trallic volum.s on th. roadways or int.rsec:lions? l Olher? ... 11"'21' _.-. --- v.s No ~ .. .. -. y. V .'110 x ,. .. ,. ,. .. ,- x x v .. x '( :{ .' .. Yo x '0 " x """I Maybe .... P\.AHoI. 'IGE 30F _ (1folQ , ~ o " pr. 10. Public Servlcn: Will 1II. proposal irnp8CIlIMi following beyond the capaIlilily 10 pnMde w-q,'2I, levels 01 s.rvice? L Fit. pftltection? b. Police ptOleclion? c. Schools Q,'~ lII.ndance, boundaries, overload, etc.)? . d. Patks or OlIler recr'alionallacirllies? ., Medical aid? I. Solid WUle? 9- OIher? 11. UtJDU.s: Willll. pRlposat a. Impactlll. following beyond th. capabdily to plOvid. adlKlUal. levels 01 service or rlKlui" th. construClion 01 n.w lacililies? 1. Natural gas? 2. Electricity? 3. WaI.t? ~, S_t? 5. Other? b, R.sua in a disjoimed paIlem of uliily _ions? c. RlKlUilll lIl. ccnSllUClion oInewlacililies? 12. Aesthstlca: a. Could th. proposal r.-d in 1he obslrucIion 01 any _rc vi_? b. WiD th. visual impacllJl1he ptojed be dlllrim.ntaI 10 th. surrounding _? :. OIher? 13. Cultural ~r. Could !he... 1 . resul in: a. Th. ....... or deslruclion of a prehistoric or hislari:: an:haeolOgical ... :If ....Iopmenl witI1in an ateha_ogicaI s.n_ area as idemified in Seclion 3.0 . HislDncaI. F'lIUIlI8. of 1he Cly's General Plan? b. Allsndion or cles1ruclion 01 a t'.1 ical sile, _'"~ or object as listed in 1he City's HisIIIric: Resources Reconn~ SUN.,? c. Other? .... 0 v.. No Maybe X y X '" '" v '" ,- " X Jo: ,. <. .. ,. .. v .. ,. , ,. -. ,- ... }: " ., ., x , ~ ... 01' _ ___ --- ~ "".QI'_ I".... I __.~__ .,' r o o ""III 14. MIIndatory findings of Slgnlflcance (SeC:Iion t 5065) The Califomia Environmental Qualily Ad states that ~ any of the following can be answered yes or maybe, the project may haw a signdicant eflec:l on the environmem and an Environmental Impact Report shall be prepared. Ves No Maybe a. Does the pnlj8cl have the potential 10 degrade the qualily of the environment. suostanllaJly reduce the habitat of a fisfI or wildlife SJl8Cies, cause a fish or wildlde population 10 o/llll belOw se~ sustaining levels, thre.en 10 elimin.e a piMt or animal communily, reclUCll the number or .-iclllle range of a rare or enctangered plan! or animal or eliminate important examples of lIle majOr penocIS of California history or prehistory? b, Does lIle pnljec:: have u. pctentiaJ 10 achieve short- term, 10 the disadvantage of Iong.term, environmental goalS? (A short.term impact on the environment is one which occurs in a rolllliv8ly bnaf, definitive period of time while long-term impacts will endure well into lIle tuturo,) .. .. x c. Does the pnlj8cl have impaclS which are individually limited, but cumulatively considerable' (A pnljact may impact on lWO or more sepatate resoun:es where the impact on eadI resourca is relatively small, but whore the ofIl1Cl of the lOtal of those impacts on the environment is significanLl d. Does the projllCl have enmmmemal eflllClS which wiD cause substantial adv_ offllClS on human beings. either dirllClly or inditllCllf'? x v: C. DISCUSSION OF ENVIRONMENTAL EVALUAnON AND MIl1GAnON MEASURES (Anach shHlS as necessary.) O~~ase refe: to attachec s~eets. . """CI'__ --- ... ~ PUHoe.GI "IGE sOt: _ Ill-IUI ,. , o o Historic Building Demolition Ordinance (DEMO ORD): Initial Study Environmental Review Committee meeting of April 2, 1992 3.0 ENVIRONMENTAL ASSESSMENT As stated, this Initial study is tiered from the General Plan Environmental Impact Report (EIR) which identifies impacts to historical resources related to General Plan implementation. The EIR discusses the potential loss of historical resources and states that every older and potentially significant building in the developed areas of the City can legally be replaced by another. In addition, overriding concerns such as public safety may necessitate building demolition. The General Plan policies pertinent to the preservation of historical resources are evaluated in the EIR and found to provide the maximal protection that can be considered legally acceptable. 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 Reouirements.) 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. 1._- ._-~-------_.- -~ - " 10 o Historic Building Demolition Ordinance (DEMO ORD): Initial Study Environmental Review Committee meeting of April 2, 1992 3.1 MANDATORY PINDINGS OF SIGNIFICANCE (section 150&5 of the CEQA 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. " (0 (0 .. D, DETERMINATION On the basis of this initial study, 0' The proposed project COULD NOT have a sign~icant effect on the environment and a NEGATIVE DECLARA- TION will be preparllcl. o The proposed project could have a sign~icant effect on the environment, akhough there will not be a sign~ieant effed in this case because the mkigation measures described above have been added to the proJect. A NEGATIVE DECLARATION will be prepared, o The proposed project MAY havtl 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 /.1 \..?- i /'f,z.., Signature / // , r- j ./ ::: ". h".Lc"/ Date: April 2, 1992 OTVcP_~ CoI.......-.....:J~ .. PLANoUl PAGE_OF_ (11. " 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPLACING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE; 2 ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND 3 STRUCTURES. 4 5 6 7 " o 1,",,\ '-I ORDINANCE NO. 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: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IIII 28 "CHAPTER 15.37 HISTORIC BUILDING DEMOLITION ORDINANCE Council find and declare: 15.37.010 Findinas and Purpose. The Mayor and Common 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 " '. Permit applications structures. E. Prior to the adoption of MC-694, the City had no provision for the review of Demolition Permit Applications for potentially historic buildings or structures. F. For clarification, it is necessary to amend the provisions for the review of Demolition Permit Applications for potentially historic buildings and structures. G. By imposing the requirements of the amended Historic 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. 15.37.020 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 - 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 for buildings pre-1941 and Any structure having a roof and walls built and maintained to shelter human activity or property. Demolition - To destroy any building or structure so that it is no longer standing or functional. Historic Resource Evaluation Report, a report that evaluates the historical significance of Report - 2 .. '. o o 1 a resource based upon established criteria. 2 Resource - A building or structure as defined in this 3 Chapter. 4 structure - (1) Any structure having a roof and walls 5 built and maintained to shelter human activity 6 or property; or, 7 (2) a work made up of independent and 8 interrelated parts that performs a primary 9 function unrelated to human shelter. 10 Survey - Historic Resources Reconnaissance Survey 11 (Volumes 1-5 and Attachments, April 30, 1991 12 and all subsequent revisions), a citywide 13 survey of buildings and structures constructed 14 prior to December 31, 1941 which provides 15 baseline information regarding the types and 16 locations of resources, approximate 17 construction dates, representative 18 architectural styles, construction materials, 19 and contextual historical themes. 20 Task Force - The Historic Preservation Task Force, a 21 committee appointed by the Mayor and Common 22 Council to oversee the Historic Preservation 23 Program. 24 15.37.030 Historic Preservation Task Force. The Historic 25 Preservation Task Force (Task Force) was established by MC-694 and 26 the Task Force members were appointed by the Mayor with the 27 concurrence of the Common Council. Under the provisions of this 28 IIII 3 " " o o 1 Chapter, the Task Force shall continue to oversee the. Historic 2 Preservation Program and Demolition Permit Applications in an 3 advisory capacity 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 15.37.035 Demolition Prohibited. No building or structure 7 fifty (50) years old or older shall be demolished unless a valid 8 Demolition Permit has been issued in accordance with this Chapter. 9 15.37.040 Danaerous Buildinas Exempted. The demolition of 10 any building or structure fifty (50) years old or older shall be 11 exempt from the provisions of this Chapter if findings have been 12 made by the Board of Building Commissioners or the Building 13 Official pursuant to other provisions of the Municipal Code 14 declaring that the building or structure is either a public, 15 nuisance or a dangerous building. In such instances, a Demolition 16 Permit may be issued in accordance with all other City ordinances 17 and requirements. 18 15.37.045 Evaluation Thresholds and Review Reouirements. 19 Buildings and structures fifty (50) years old or older proposed for demolition shall be evaluated to determine historical significance. The level of review required shall be determined in accordance with the following thresholds and requirements which are based upon the Historic Resources Reconnaissance Survey (Volumes 1-5 and Attachments, April 30, 1991 and all subsequent revisions): A Historic Resource Evaluation Report (Report) shall be required for any resource identified on a modified California Department of Parks and Recreation (DPR) 523 Form 20 21 22 23 24 25 A. 26 27 28 /1// 4 i " 1 2 3 4 5 6 B. 7 8 9 10 11 12 13 14 15 16 c. 17 18 19 20 21 22 o o (Volume 3, Appendix B, Resource List and DPR Forms) or located within an area identified as being potentially eligible for Historic District designation and listed as a contributing resource (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 1. through 4.). 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 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. When required, Historic Resource Evaluation Reports shall be 23 prepared in accordance with Section 15.37.050 of this Chapter. 15.37.050 Historic Resource Evaluation Report. A Historic 24 25 Resource Evaluation Report required as a submittal for a Demolition 26 Permit Application shall contain the following elements: A. Purpose and Scope 27 28 IIII 5 " o :) 1 B. Methods of Evaluation: Field and Archival 2 C. Location and Setting 3 D. Architectural Description of the Resource 4 E. Historical Background 5 F. Discussion of Eligibility for NR listing 6 G. Statement of Significance 7 H. Conclusions 8 I. Recommendations (may include proposed mitigation) 9 J. Archival Documentation (Appendices) 10 The Statement of Significance element (Item G. above) shall 11 be made using the criteria listed in Section 15.37.055 of this 12 Chapter and shall include a discussion of the related historical 13 contextual themes. 14 The archival documentation (Item J. above) of the resource 15 shall include a completed DPR 523 Form and archival quality photo 16 documentation. This information shall be included as an appendix 17 to the Report. 18 Preparation and submi ttal of the Report shall be the 19 responsibility of the applicant. All Reports shall be prepared by 20 consultants who meet the prOfessional qualification standards for 21 the field of Historic Preservation as described in the Federal 22 Register. 23 15.37.055 24 cance. 25 1. The building or structure has character, interest or 26 value as a part of the heritage of the City of San Bernardino; or, 27 28 III Criteria for Determination of Historical 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 28 III o - J 2. The location of the building or structure is the site of a significant historic event; or, 3. The building or structure is identified with a person(s) or group(s) who significantly contributed to the culture and development of the City of San Bernardino; or, 4. The building or structure exemplifies a particular architectural style or way of life important to the City; or, 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 or design, detail, materials 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 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 Permit for an Application which does not require a Report 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 may be included as an attachment to the Initial study or referenced in the Initial Study. The Initial Study shall be reviewed by the ERC for an environmental determination within thirty (30) days of the project being deemed complete. FOllowing the ERC review, the application and the environmental determination shall be reviewed by the Planning Commission. 3. Task Force Review The Task Force shall receive notification of Demolition Permit Applications for their review and make recommendations to the Planning Commission regarding the historic significance of resources and the approval or denial of applications. 4. Planning commission Review A Demolition Permit Application shall be scheduled for review by the Planning Commission within fortyfive (45) days of the ERC's environmental determination. The Planning Commission 8 "-" " '. 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 shall review Demolition Permit Applications to determine the historical significance of the resource based upon the criteria set forth in Section 15.37.055 of 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. The Planning Commission's review must be completed within 30 days of the first public hearing before the Planning Commission or the Application shall be forwarded to the Mayor and Common Council. 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. If the Planning Commission approves the Demolition Permit Application, the Demolition Permit shall be issued in accordance with the Planning Commission action and following compliance with the provisions of this Chapter and all other City requirements. 5. Effective Date of Permit - Demolition Permits shall become effective 16 days following the final date of action (i.e., approval) by the Director or the Planning Commission unless an appeal has been filed pursuant to Section 15.37.070, which shall stay the issuance of the Demolition Permit until after the Appeal is decided. 9 " " o o 1 15.37.070 Appeals. Any person may appeal the decisions of 2 the Director of Planning and Building Services pursuant to this 3 Chapter to the Planning commission. Decisions of the Planning 4 commission pursuant to this Chapter may be appealed to the Mayor 5 and Common Council. 6 An appeal must be submitted in writing with the required 7 appeal fee (if applicable) to the Planning and Building Services 8 Department within fifteen (15) days following the final date of the 9 action for which an appeal is made. The written appeal shall 10 include the reason(s) why the Historic Resource Evaluation Report 11 should or should not be required; or why the Demolition Permit 12 Application should be granted, denied or exempt from the provisions 13 of this ordinance. 14 15.37.080 Severabilitv. If any section, subsection, 15 sentence, clause or phrase or any portion of this ordinance is for 16 any reason declared invalid or unconstitutional, such decision 17 shall not affect the validity of the remaining portions of the 18 ordinance. The Mayor and Common Council hereby declare that it 19 would have adopted this ordinance and each and every section, 20 subsection, sentence, clause or portion thereof irrespective of the 21 fact that any phrase, or any portion thereof, would be subsequently 22 declared invalid or unconstitutional. 23 15.37.085 Penaltv. Any person, firm or corporation, 24 whether as principal, agent, employee, or otherwise, violating or 25 causing the violation of any of the provisions of this Chapter is 26 quilty of a misdemeanor, which upon conviction thereof is 27 punishable in accordance with the provisions of Sections 1.l2.0l0 28 IIII 10 " " o o 1 and 1.12.020 of this Code in addition to any other civil or 2 administrative remedies. 3 15.37.090 Fees. Upon submittal of a Demolition Permit 4 Application to the Planning and Building Services Department, the 5 applicant shall pay all applicable Planning Division fees as 6 adopted by the Mayor and Common Council for an Initial Study and 7 for the Planning Commission review. The applicant shall pay all 8 required Building Inspection Division fees as adopted by the Mayor 9 and Common Council prior to issuance of a Demolition permit." 10 I I I I 11 IIII 12 I I I I 13 I I I I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 .' " o ,~ 1 2 RDINANCE...ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS o STRUCTURES. I HEREBY CERTIFY that the 3 4 adopted by Mayor and Common Council of the City of San Bernardino 5 6 7 foregoing ordinance was duly t a meeting thereof, held on the day of , 1991 by the following vote, to wit: o cil Members ~ NAYS ABSTAIN ABSENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PE-LUDLAM City Clerk The foregoing ordinance is hereby approved this day of , 1991. W.R. Holcomb, Mayor City of San Bernardino as to legal content: 12 '--. CITY OF SAN BERlO.RDINO - REQUEST 9)R COUNCIL ACTION From: , , . "",l"'Lnra~storic Structure Demolition Al Boughey, D~rector REC D. - ........DJ'ICr. 6rdinance 2" "1' t.l rlO Planning & Building Servic~~2 J~ .Aayor a~d Common Council Meeting February 3, 1992 Dept: Date: January 23, 1992 Synopsis of Previous Council action: November la, 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. tl~ 13~. n..t J Signature Al Boughey Contact penDn: Al Boughey Phone: 384-5357 SUPPDrting data attached: None Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A SDurce: (Acet, No,) (Acet, DescriPtion) Finance: ..nci! Notes: bfWl"...~ , . L. A,;(U-V/ Med.. r , 7"~.'Z. ~I~ 7-2t;'1z.. '57 ~- CITY OF SAN BERNPDINO - REQUEST FOl 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 o 0 ORDIIlANCE NO. tfC 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE: ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT 3 APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES AND 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IIII HISTORIC STRUCTURE DEMOLITION ORDINANCE 15.37.010 F indinas and Purpose, The Mayor and Common Council find and declare: A, The City of San Bernardino General Plan. adopted on June 2. 1989. includes 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-694l was adopted, MC-694 provided for the establishment of the Historic Preservation Task Force and for the review of Demolition 1 II 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 II o .- ,.....) Permit applications for pre-1941 bUildinqs 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 bUildinqs or , structures. F. For clarification, it is necessary to amend the provisions for the review of Demolition Permit applications for potentially historic buildinqs and structures. G. By imposinq 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 Proqram is beinq completed. 15.32.020 Definitions. For the purpose of carryinq out the intent of this Chapter, the words, phrases and terms set forth herein shall be deemed to have the meaninq ascribed to them in this Chapter, Buildinq - Any structure havinq a roof and walls built and maintained to shelter human activity or property, Demolition - To destroy any bUildinq or structure so that it is no lonqer standinq or functional. Report - Historic Resource Evaluation Report, a report that evaluates the historical siqnificance of 2 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 a~d 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 prior to December 31, 1941 which provides 12 baseline information regarding the types and 13 locations of resources, approximate 14 construction dates, representative 15 architectural styles, construction materials, 16 and contextual historical themes. 17 Task Force - The Historic Preservation Task Force, a 18 committee appointed by the Mayor and Common 19 Council to oversee the Historic Preservation 20 Program and ordinance and to review all 21 Demolition Permit applications that require 22 their review in accordance with the provisions 23 of this Chapter, 24 25 15,37,025 Historic Preservation Task Force, The Historic 26 Preservation Task Force (Task Force) was established by MC-694 and 27 the Task Force members were appointed by the Mayor with the 28 concurrence of the Common Council, Under the provisions of this II 3 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 II o o Chapter. the Task Force shall continue to oversee the Historic Preservation ProO'ram and Ordinance, review specified Demolition Permit applications and perform other duties as established by the Mayor and Common Council. This Task Force shall exist until the Mayor and Common Council determine that it is no lonO'er needed. 15.37.035 Demolition Prohibited. No buildinO' or structure fifty (SOl years old or older shall be demolished unless a valid Demolition Permit has been issued in accordance with this Chapter. 15,37,040 Danaerous Buildinas ExemDted. The demolition of any buildinO' or structure fifty (SOl years old or older shall be exempt from the provisions of this Chapter if findinO's have been made by the Board of BuildinO' Commissioners pursuant to the provisions of Chapter 8.30, Public Nuisances and Chapter 15.28, DanO'erous BuildinO's, of the Municipal Code. In such instances, the buildinO' or structure is exempt from the provisions of this Code and a Demolition Permit may be issued. If the BuildinO' Official makes a findinO' that a building is danO'erous pursuant to summary abatement procedures of Chapter 15,28 of the Municipal Code. the building is exempt from the provisions of this Code and a Demolition Permit may be issued. 15.37,045 Evaluation Thresholds and Reauirements, Buildings and structures fifty (SOl years old or older shall be evaluated to determine historical siO'nificance in accordance with the followinO' thresholds and requirements which are based upon the Historic Resources Reconnaissance Survey (Volumes 1-5 and 1 o o 1 Attachments, April 30, 1991 and all subsequent revisions), 2 A. A Historic Resource Evaluation Report (Report) shall be 3 required for any resource identified on a modified 4 California Department of Parks and Recreation (DPRI 523 Form 5 (Volume 3, ARJlendix B, Resource List and DPR Forms I or 6 located within an area identified as beinq potentially 7 eliqible for Historic District desiqnation and listed as a 8 contributinq resource (Volume 3, Appendix C, Historic 9 Districts and OVerlay Zones, Items 1. throuqh 4.). Any 10 resource located in a new area identified by the Mayor and 11 Common Council as beinq potentially eliqible for Historic 12 District desiqnation and listed as a contributinq resource 13 shall also be SUbject to the provisions of this subsection. 14 B. A Historic Resource Evaluation Report may be required for 15 any resource listed on the Tabular List and located within 16 the boundaries of an area identified in the Survey as beinq 17 potentially eliqible for Historic OVerlay Zone desiqnation 18 (Volume 3, Appendix C, Historic Districts and OVerlay Zones, 19 Items 5. throuqh 13.). Usinq the criteria established in 20 Section 15.37,055 of this Chapter, the Director of Planninq 21 and Buildinq Services shall evaluate demolition permit 22 applications for these resources to determine the 23 requirement for a Report. Any resource located in a new 24 area identified by the Mayor and Common Council as beinq 25 potentially eliqible for Historic OVerlay Zone desiqnation 26 shall also be SUbject to the provisions of this subsection, 27 C. Demolition Permit applications for bUildinqs and structures 28 which are listed only on the Tabular List or not included in 5 '-.-.,., '. 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 o ,-" V the Survey shall not require a Report unless the Task Force determines that further study is required based upon new, histor ical or cuI tural information not contained in the Survey. When required, ,Historic Resource Evaluation Reports shall be prepared in accordance with Section 15.37.050 of this Chapter. At reqular intervals (as determined by the Task Force and prior to the expiration of the appeal period after a determination is made I, the Task Force shall be notified in wr i tinq of all determinations made in accordance with thresholds B. and C. 15.37,050 Historic Resource Evaluation ReDort. A Historic Resource Evaluation Report required as a submittal for a Demolition Permit application shall contain the followinq elements. A. Purpose and Scope B. Methods of Evaluation. Field and Archival C. Location and ~ettinq D. Architectural Description of the Resource E. Historical Backqround F. Statement of Siqnificance G. Alternatives to Demolition Relocation, Rehabilitation. Reusel H. Conclusions I. Recommendations J. Mitiqation K. Archival Documentation (Appendices I (such as Restoration Retention. and Adaptive IIII II 6 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Statement of Significance element lItem F. above) shall be made using the criteria listed in Section 15.37.055 of this Chapter and the National Register criteria for evaluation and shall include a discussion of the related historical contextual themes. The archival documentation lItem K. above) of the resource shall include a completed DPR 523 Form and archival quality photo documentation. This information shall be included as an'appendix to the Report. Preparation and submittal of the Report shall be the responsibility of the applicant. All Reports shall be prepared by consultants who Qeet the professional qualification standards for the field of Historic Preservation as described in the Federal Register. 15.37.055 Criteria for Determination of Historical Sianificance, 1, The bUilding or structure has character, interest or value as a part of the heritage of the City of San Bernardino 1 or, 2. The location of the bUilding or structure is the site of a significant historic event; or, 3. The building or structure is identified with a personls) or groupls) 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, 1//1 II ., , 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 1/11 Q o 5. The bUilding or structure exemplifies the best remaining architectural type in a neighborhood; or, 6. The building or structure is identified as the work of a person whose work has influenced the heritage, of the City, the S~ate or the United States; or, 7. The building or structure reflects outstanding attention ..:-', to architectural design, detail, materials or craftsmanship 1 or, B. The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district; or, 9. The unique location or singular physical characteristics of the building or structure represent an established and familiar feature of a neighborhood; or, 10. The bUilding, structure or site has the potential to Yield historical or archaeological information. 15.37.060 Review Process. 1. The Environmental Review Committee (ERC) Review - An Initial Study (pursuant to the California Environmental Quality Act) shall be prepared for a Demolition Permit application when a Historical Resource Evaluation Report is required in accordance with Section 15.37.045, Subsections A.- C. of this Chapter. The Report shall be included as an attachment to the Initial Study. The Initial Study shall be reviewed by the ERC for an environmental determination. FolloWing the ERC 8 ~ o "'"' v 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 6 significance of the resource based upon the criteria set 6 forth in Section 15.37.055 of this Chapter, The Task 7 Force may also consider the National Register criteria 8 for evaluation, Based upon the cr iter ia in Section 9 15.37.055, the Task Force may stay the issuance of the 10 Demolition Permit for a period of up to ninety (901 days. 11 During this time. the Task Force shall pursue methods of 12 retention through rehabilitation, relocation and/or reuse 13 or other alternatives to demolition. 14 The Task Force shall take action to grant or deny 16 the Demolition Permit within the stay period specified. 16 If the Task Force approves the Demolition Permit 17 application, ~he Demolition Permit may be issued in 18 accordance with the Task Force action and fOllowing 19 compliance with the provisions of this Chapter and all 20 other City requirements, 21 22 15.37,070 Appeals. Any person may appeal the decisions 23 pursuant to this Chapter of the Director of Planning and Building 24 Services to the Task Force. Decisions of the Task Force pursuant 25 to this Chapter may be appealed to the Mayor and Common Council, 26 An appeal must be submitted in writing with the required 27 appeal fee (if applicablel to the Planning and Building Services 28 Department within fifteen (151 days following the final date of the ^ II o ,.- v 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 Severabilitv. 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 val idi ty of the remaining 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, agent, employee, or otherwise, violating or causing the violation of any of the proviSions of this Chapter is guilty 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. II 11) . -~ ~ o '"' \..J 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 " 15.37.090 Fees. Upon submittal of a Demolition Permit application to the Planninq and BUildinq Services Department, the applicant shall pay all applicable Planninq Division fees as adopted by the Mayor and Common Council for an Initial Study and for the Historic Pres~rvation Task Force review. The applicant shall pay all required Buildinq Safety Division fees as adopted by the Mayor and Common Council prior to issuance of a Demolition Permit." 1111 IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII q , 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II 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 at a 6 7 8 9 10 11 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 , 1991 by the followinq vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY 12 MINOR POPE-LUDLAM MILLER City Clerk The foreqoinq ordinance is hereby approved this day of , 1991. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and leqal content: JAMES F. PENMAN, ~ B . ..4. . -" 12