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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND
1 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.
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ORDZNANCB 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:
"CHAPTER 15.37
HISTORIC BUILDING DEMOLITION ORDINANCE
15.37.010
Findinas
The Mayor and Common
and PurDose.
Council find and declare:
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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
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1 Permit applications
2 structures.
3 E. Prior to the adoption of MC-694, the ci ty had no
4 provision for the review of Demolition Permit
5 Applications for potentially historic buildings or
6 structures.
7 F. For clarification, it is necessary to amend the
8 provisions for the review of Demolition Permit
9 Applications for potentially historic buildings and
10 structures.
11 G. By imposing the requirements of the amended Historic
12 Building Demolition Ordinance, the City will have a
13 provision which facilitates a more efficient and
14 effective method of review for Demolition Permit
15 Applications while the Historic Preservation Program is
16 being completed.
17 15.37.020 Definitions. For the purpose of carrying out the
18 intent 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 -
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for
pre-1941
buildings
and
Report -
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
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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
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a resource based upon established criteria.
A building or structure as defined in this
Chapter.
structure - (1) Any structure having a roof and walls
built and maintained to shelter human activity
or property; or,
(2) a work made up of independent and
interrelated parts that performs a primary
function unrelated to human shelter.
Historic Resources Reconnaissance Survey
(Volumes 1-5 and AttaChments, April 30, 1991
and all subsequent revisions), a citywide
survey of buildings and structures constructed
prior to December 31, 1941 which provides
baseline information regarding the types and
locations of resources, approximate
construction dates. representative
architectural styles, construction materials,
and contextual historical themes.
Task Force - The Historic Preservation Task Force, a
commi ttee appointed by the Mayor and Common
Council to oversee the Historic Preservation
Resource -
Survey -
15.37.030
Program.
Historic Preservation Task Force.
The Historic
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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 Exemoted. 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
made by the Board of Building Commissioners or the Building
Official pursuant to other provisions of the Municipal Code
declaring that the building or structure is either a public
nuisance or a dangerous building. In such instances, a Demolition
Permit may be issued in accordance with all other City ordinances
and requirements.
15.37.045 Evaluation Thresholds and Review Reauirements.
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
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23 prepared in accordance with Section 15.37.050 of this Chapter.
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25 Resource Evaluation Report required as a submittal for a Demolition
26 Permit Application shall contain the following elements:
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(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
15.37.050 Historic Resource Evaluation ReDort.
A Historic
A. Purpose and Scope
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B. Methods of Evaluation: Field and Archival
C. Location and Setting
D. Architectural Description of the Resource
E. Historical Background
F. Discussion of Eligibility for NR listing
G. Statement of Significance
H. Conclusions
I. Recommendations (may include proposed mitigation)
J. Archival Documentation (Appendices)
The Statement of Significance element (Item G. above) shall
made using the criteria listed in Section 15.37.055 of this
Chapter and shall include a discussion of the related historical
contextual themes.
The archival documentation (Item J. above) of the resource
shall include a completed DPR 523 Form and archival quality photo
documentation. This information shall be included as an appendix
to the Report.
Preparation and submittal of the Report shall be the
responsibility of the applicant. All Reports shall be prepared by
consultants who meet the professional qualification standards for
the field of Historic Preservation as described in the Federal
Register.
15.37.055 Criteria for Determination of Historical
if' ce
1. The building or structure has character, interest or
value as a part of the heritage of the City of San
Bernardino: or,
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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
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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
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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.
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1 15.37.070 ADDeals. 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
of this ordinance.
15.37.080 Severability. If any section, subsection,
sentence, clause or phrase or any portion of this ordinance is for
any reason declared invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of the
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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 guilty of a misdemeanor, which upon conviction thereof is
27 punishable in accordance with the provisions of Sections 1.12.010
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1 and 1.12.020 of this Code in addition to any other civil or
2 administrative remedies.
3 15.37.090~. 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
Council prior to issuance of a Demolition Permit."
9 and Common
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RDINANCE...ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF
DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS
D STRUCTURES.
I HEREBY CERTIFY that the foregoing ordinance was' duly
by Mayor and Common Council of the City of San Bernardino
meeting thereof, held on the
day of
, 1991 by the following vote, to wit:
Members
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ABSTAIN
ABSENT
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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:
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