HomeMy WebLinkAboutMC-1306
Adopted: June 1. 2009
Effective: July 2. 2009
1 ORDINANCE NO. MC-1306
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO
THE HISTORIC BUILDING DEMOLITION ORDINANCE.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 15.37 of the Municipal Code relating to the Historic Building
7 Demolition Ordinance is amended as shown in Attachment I attached hereto and incorporated
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herein by reference.
SECTION 2. Severability. In the event that any provision of this Ordinance, or any part
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11 thereof, or any application thereof to any person or circumstance, is for any reason held to be
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unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
13 face or as applied, such holding shall not affect the validity or effectiveness of any of the
14 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
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person or circumstance or of said provision as applied to any other person or circumstance. It is
hereby declared to be the legislative intent of the City that this Ordinance would have been
adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
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MC-1306
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO
THE HISTORIC BUILDING DEMOLITION ORDINANCE.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
meeting thereof, held
on the 1st day of June
Council Members: AYES NAYS
ESTRADA X
BAXTER X
BRINKER X
SHORETT X
KELLEY X
JOHNSON X
MC CAMMACK X
,2009, by the following vote to wit:
ABSTAIN
ABSENT
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City Clerk
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The foregoing ordinance is hereby approved this ~~ of June ,2009.
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PAT~~CK J. MO~, Mayor
~"J f San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney
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2
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MC-1306
ATTACHMENT 1
Chapter 15.37
HISTORIC BUILDING DEMOLITION ORDINANCE
Sections:
15.37.010
15.37.020
15.37.030
15.37.035
15.37.040
15.37.045
15.37.050
15.37.055
15.37.060
15.37.070
15.37.080
15.37.085
15.37.090
Findings and purpose.
Definitions.
Historic Preservation Task Force.
Demolition Prohibited.
Dangerous Buildings Exempted.
Evaluation Thresholds and Revl_ Requirements.
Historic Resource Evaluation Report.
Criteria for Determination of Historical
Significance.
Revl_ Process.
Appeals.
Severability.
Penalty.
Fees.
15.37.010 Findings and purpose.
The Mayor and Common Council find and declare:
A. The City of San Bernardino General Plan, adopted on November 1, 2005 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 Permit applications for pre-1941 buildings and structures.
E. Prior to the adoption of MC-694, the City had no provision for the review of Demolition Permit
Applications for potentially historic buildings or structures.
F. For clarification, it is necessary to amend the provisions for the review of Demolition Permit
Applications for potentially historic buildings and structures.
G. By imposing the requirements of the amended Historic 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.
(Ord. MC-850, 9-8-91; Ord. MC-894, 12-18-89)
15.37.020 Definitions.
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ATTACHMENT 1
For the purpose of carrying out the intent of this Chapter, the words, phrases and terms
set forth herein shall be deemed to have the meaning ascribed to them in this Chapter.
Building - Any structure having a roof and 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.
Report - Historic Resource Evaluation Report, a report that evaluates the historical significance
of a resource based upon established criteria.
Resource - 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.
Survey -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.
Historical Preservation Commission - a commission appointed by the Mayor and Common
Council as outlined in Chapter 2.23 of this Municipal Code.
(Ord. MC-850, 9-8-91; Ord. MC-894, 12-18-89)
15.37.030 Historical Preservation Commission.
The Historical Preservation Commission was established by MC-1245 and the
Commission members were appointed by the Mayor with the concurrence of the Common
Council. Under the provisions of this Chapter, the Commission shall perform the duties
specified in Chapter 2.23. (Ord. MC-850, 9-8-91; Ord. MC-894, 12-18-89) (City Attorney Opinion No.
93-8)
15.37.035 Demolition Prohibited.
No building or structure fifty (50) years old or older shall be demolished unless a valid
Demolition Permit has been issued in accordance with this Chapter. (Ord. MC-850, 9-8-91; Ord.
MC-894, 12-18-89)
15.37.040 Dangerous Buildings Exempted.
(Ord. MC-850, 9-8-91; Ord. MC-894, 12-18-89)
15.37.040 Dangerous Buildings Exempted Under Exigent Circumstances.
The demolition of any building or structure fifty (50) years old or older shall be exempt from the
provisions of this Chapter if a determination has been made, supported by findings of fact, by
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ATTACHMENT 1
the Hearing Officer or the Building Official pursuant to Chapter 15.28 of the Municipal Code
declaring that the building or structure is a dangerous building and constitutes an imminent
threat to the health and safety of the public. In lieu of immediate demolition of a structure posing
an imminent hazard, feasible mitigation measures should be employed where practicable in
order to preserve the structure and site until the historical review process is completed.
15.37.045 Evaluation Thresholds and Revi_ Requirements.
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. 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 (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.).
B. 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 Development Services shall evaluate demolition
proposals for these resources to determine the requirement for a Report.
C. 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
Development 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 prepared in accordance
with Section 15.37.050 of this Chapter.
(Ord. MC-1027, 9-8-98; Ord. MC-850, 9-8-91; Ord. MC-894, 12-18-89)
15.37.050 Historic Resource Evaluation Report.
A Historic Resource Evaluation Report required as a submittal for a Demolition Permit
Application shall contain the following elements:
A. Purpose and Scope
B. Methods of Evaluation: Field and Archival
C. Location and Setting
D. Architectural Description of the Resource
E. Historical Background
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ATTACHMENT 1
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 be 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. (Ord. MC-850, 9-8-91; Ord.
MC-894, 12-18-89)
15.37.055 Criteria for Determination of Historical Significance.
1. The building or structure has character, interest or value as a part of the heritage of the City
of San Bernardino; or,
2. The location of the building or structure is the site of a significant historic event; or,
3. The building or structure is identified with a person(s) or group(s) who significantly contributed
to the culture and development of the City of San Bernardino; or,
4. The building or structure exemplifies a particular architectural style or way of life important to
the City; or,
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,
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ATTACHMENT 1
10. The building, structure or site has the potential to yield historical or archaeological
information.
(Ord. MC-850, 9-8-91; Ord. MC-894, 12-18-89)
15.37.060 Revi_ Process.
1. Director Review - The Director of Development Services shall determine whether to issue a
Demolition 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 in
compliance with the provisions of the California Environmental Quality Act, and applicable City
requirements. Following the ERC review, the application and the environmental determination
shall be reviewed by the Historical Preservation Commission.
3. Historical Preservation Commission Review - The Historical Preservation Commission shall
receive notification of Demolition Permit Applications for which a Historic Resource Evaluation
Report is prepared 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 for which a Historic Resource
Evaluation Report and Initial Study are prepared shall be scheduled for review by the Planning
Commission within forty-five (45) days of the ERC's environmental determination. 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 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.
(Ord. MC-1027, 9-8-98; Ord. MC-850, 9-8-91; Ord. MC-694, 12-18-89) (City Attorney Opinion No. 93-8)
MC-1306
ATTACHMENT 1
15.37.070 Appeals.
Any person may appeal the decisions of the Director of Development Services pursuant
to this Chapter to the Planning Commission. Decisions of the Planning Commission pursuant to
this Chapter may be appealed to the Mayor and Common Council.
An appeal must be submitted in writing with the required appeal fee (if applicable) to the
Development Services Department within fifteen (15) days following the final date of the action
for which an appeal is made. The written appeal shall include the reason(s) why the Historic
Resource Evaluation Report should or should not be required; or why the Demolition Permit
Application should be granted, denied or exempt from the provisions of this ordinance. (Ord.
MC-1027, 9-8-98; Ord. MC-850, 9-6-91; Ord. MC-694, 12-18-89)
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 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 any phrase, or any portion thereof, would be
subsequently declared invalid or unconstitutional. (Ord. MC-850, 9-8-91; Ord. MC-694, 12-18-89)
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
Sections 1.12.010 and 1.12.020 ofthis Code in addition to any other civil or administrative
remedies. (Ord. MC-850, 9-8-91; Ord. MC-694, 12-18-89)
15.37.090 Fees.
Upon submittal of a Demolition Permit Application to the Development Services
Department, the applicant shall pay all applicable Planning Division fees in the amounts as
adopted by resolution of the Mayor and Common Council for an Initial Study and for the
Planning Commission review. The applicant shall pay all required Building Inspection Division
fees in the amounts as adopted by resolution of the Mayor and Common Council prior to
issuance of a Demolition Permit. The applicant shall also pay all fees required by other
governmental agencies prior to issuance of a Demolition Permit. (Ord. MC-850, 9-8-91; Ord. MC-
694, 12-18-89)