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HomeMy WebLinkAbout10- Development Services ORIG!NAl CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Dept: Development Services Subject: An ordinance of the City of San Bernardino amending Chapter 15.37 of the Municipal Code related to the Historic Building Demolition Ordinance. From: Valerie C. Ross, Director Date: May 4, 2009 MCC Date: May 18, 2009 Synopsis of Previous Council Action: 04/21/09 The Legislative Review Committee recommended modifications to the Municipal Code, Chapter 15.37, Historic Building Demolition Ordinance. Recommended Motion: That said ordinance be laid over for final adoption. ~ V.~ffl/ Valerie C. Ross Contact Person: Valerie Ross Phone: 5357 Supporting data attached: Staff Report Ward(s): Citywide FUNDING REQUIREMENTS: Amount: N/ A Source: Council Notes: Acct. Description: None Finance: 611~~dd .Sl/~/o~ #/7 Agenda Item No. ~/o (; -1- oq CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: An ordinance of the City of San Bernardino amending Chapter 15.37 of the Municipal Code related to the Historic Building Demolition Ordinance. Background: At their meeting of April 13, 2009, the Historical Preservation Commission reviewed proposed revisions to the Historic Building Demolition Ordinance and recommended that the Legislative Review Committee recommend that the Mayor and Common Council adopt the revisions. The Legislative Review Committee considered the proposed ordinance at their meeting of April 21, 2009 and concurred with the revisions. The revisions replace Historic Preservation Task Force with Historical Preservation Commission and modify the review process for potentially significant structures. Financial Impact: N/A. Recommendation: That said ordinance be laid over for final adoption. Exhibits: April 21, 2009 Memorandum to Legislative Review Committee Attachment A April 13,2009 Memorandum to Historical Preservation Commission Attachment 1 Chapter 15.37 Historic Building Demolition Ordinance (Strikeout/underline) 2 Ordinance .2 EXHIBIT 1 CITY OF SAN BERNARDINO Development Services Department Memorandum TO: Legislative Review Committee FROM: Valerie C. Ross, Director SUBJECT: Proposed revisions to the City Municipal Code, Chapter 15.37, Historic Building Demolition Ordinance DATE: Meeting of April 21, 2009 COPIES: Mark Weinberg, Interim City Manager Attached is a memorandum to the Historical Preservation Commission explaining the need for revisions to Chapter 15.37, the Historic Building Demolition Ordinance and a strikeout/underline format of the proposed revisions. At their meeting of April 13,2009, the Historical Preservation Commission recommended that the Legislative Review Committee recommend that the Mayor and Common Council adopt the revisions to Chapter 15.37 of the Municipal Code related to the Historic Building Demolition Ordinance. Concurrently, Planning staff is processing a request from St. 8ernardine Medical Center to demolish the Perris Hill Park Engineer's Residence, the "Agape House," which is located at the southwest corner of Highland Avenue and Valencia Avenue. Planning statTprepared an Initial Study to address potential historic impacts. The City's Development/Environmental Review Committee recommended adoption of a Mitigated Negative Declaration. This item was also discussed by the Historical Preservation Commission (HPC) at their April 13, 2009 meeting. The HPC recommended that the Planning Commission adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program, with additional mitigation measures. Attachments: A Memorandum to Historical Preservation Commission Attachment 1 Chapter 15.37, Historic Building Demolition Ordinance ~ Proposed Revisions A TT ACHl\lENT A CITY OF SAN BERNARDINO Development Services Department Memorandum TO: Historical Preservation Commission FROM: Valerie C. Ross, Director SUBJECT: Proposed revisions to the City Municipal Code, Chapter 15.37, Historic Building Demolition Ordinance DATE: Meeting of April 13,2009 COPIES: Henry Empefio, Senior Deputy City Attorney Background When the City's General Plan was adopted in 1989, it contained a Historical and Archaeological Resources Element, including related goals, objectives, and policies. One of those objectives was to complete a comprehensive historic preservation plan. The City completed a Historic Resources Reconnaissance Survey in 1991. This survey was intended to lay the groundwork for the comprehensive plan, which did not get completed. Also in 1991, the City adopted Chapter 15.37 of the Municipal Code, the Historic Building Demolition Ordinance. In addition to outlining the contents of a Historic Resource Evaluation Report, when it's needed, and the process, the ordinance established the Historic Preservation Task Force. The Task Force met for several years to discuss demolition of potentially historic structures, but was later disbanded when the Mayor and Common Council determined the group was not needed. When the City's General Plan was updated and adopted in 2005, it also contained a Historical and Archaeological Resources Element. Although reformatted and condensed, the updated element is essentially the same as the previous element. Proposal The proposed revisions to Chapter 15.37 replace Historic Preservation Task Force with Historical Preservation Commission and modify the revie\v process. The changes are sho"v'\1 in strikeout/underline format. Staff Recommendation Staff recommends that That the Historical Preservation Commission recommend that the Legislative Review Committee recommend that the Mayor and Common Council adopt the lire Chapter 15.37 Revisions Pag.: 2 llf 2 Mtg. Date 04.130\) revisions to Chapter 15.37 of the Municipal Code related to the Historic Building Demolition Ordinance. Attachments: Chapter 15.37, Historic Building Demolition Ordinance- Proposed Revisions 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 Review Requirements. Historic Resource Evaluation Report. Criteria for Determination of Historical Significance. Review 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 June 2, 1989, 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-694, 12-18-89) 15.37.020 Definitions. A TT ACHMENT 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. Task Force The Historic Preservation Task Force, a committee appointed by the Mayor and Common Council to oversee the Historic Preservation Program. Historical Preservation Commission - a commission appointed by the Mayor and Common Council as outlined in Chapter 2.23 of this Municipal Code. (Ord. MC-85G, 9-8-91; Ord. MC-694, 12-18-89) 15.37.030 Historical Preservation Task Force Commission. The Historical Preservation Task Force (Task Force) Commission was established by MC 694 MC-1245 and the Task Force Commission members were appointed by the Mayor with the concurrence of the Common Council. Under the provisions of this Chapter, the Task Force Commission shall perform the duties specified in Chapter 2.23. continue to oversee the historic Preservation Program and Demolition Permit Applications in an advisory capacity 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 longer needed. (Ord. MC-85G, 9-8-91; Ord. MC-694, 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-85G, 9-8-91; Ord. MC-694, 12-18-89) 15.37.040 Dangerous Buildings Exempted. ATTACHMENT 1 The demolition of ::my building or structure fifty (50) ye3rs old or older sh311 be exempt from the provisions of this Ch3pter if findings h3ve been m3de by the He3rinQ Officer, Board of Building Commissionors or the Building Offici31 pursu3nt to other provisions of the Municip31 Code declaring that the building or structure is either:] public nuis3nce or 3 d3ngerou6 building. In such instances, 3 Demolition Permit m3Y be issued in accord3nce \a,ith 311 other City ordin3nces and requirements. (Ord. MC-850, 9-8-91; Ord. MC-694, 12-18-89) 15.37.040 Dangerous Buildings Exempted Under Exigent Circumstances. The demolition of any buildinQ 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 findinQs of fact, by the HearinQ Officer or the BuildinQ Official pursuant to Chapter 15.28 of the Municipal Code declarinQ that the buildinQ or structure is a danQerous buildinQ and constitutes an imminent threat to the health and safety of the public. In lieu of immediate demolition of a structure posinQ an imminent hazard, feasible mitiQation 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 Review 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-694, 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: ATTACHMENT 1 A. Purpose and Scope 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 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-694, 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, ATTACHMENT 1 6. The building or structure is identified as the work of a person whose work has influenced the heritage of the City, the State or the United States; or, 7. The building or structure reflects outstanding attention to architectural design, detail, materials or craftsmanship; or, 8. The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district; or, 9. The unique location or singular physical characteristics of the building or structure represent an established and familiar feature of a neighborhood; or, 10. The building, structure or site has the potential to yield historical or archaeological information. (Ord. MC-85G, 9-8-91; Ord. MC-694, 12-18-89) 15.37.060 Review 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. '....ithin thirty (30) d3Ys of the project being deemed complete. Following the ERC review, the application and the environmental determination shall be reviewed by the Historical Preservation Commission. the Planning Commission. 3. Historical Preservation Commission Task Force Review - The Historical Preservation Commission Task Force 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. ATTACHMENT 1 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-8S0, 9-8-91; Ord. MC-694, 12-18-89) (City Attorney Opinion No. 93-8) 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, 9-8-91; 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-8S0, 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 of this 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 Pkmning and Building 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 ATTACHMENT 1 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 Qovernmental aQencies prior to issuance of a Demolition Permit. (Ord. MC-85G, 9-8-91; Ord. MC- 694, 12-18-89) 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 Review Requirements. Historic Resource Evaluation Report. Criteria for Determination of Historical Significance. Review 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-694, 12-18-89) 15.37.020 Definitions. A TT ACHMENT 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-8S0, 9-8-91; Ord. MC-694, 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-8S0, 9-8-91; Ord. MC-694, 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-8S0, 9-8-91; Ord. MC-694, 12-18-89) 15.37.040 Dangerous Buildings Exempted. (Ord. MC-8S0, 9-8-91; Ord. MC-694, 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 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 Review 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-694, 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 A TT ACHMENT 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-694, 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, A TT ACHMENT 1 10. The building, structure or site has the potential to yield historical or archaeological information. (Ord. MC-850, 9-8-91; Ord. MC-694, 12-18-89) 15.37.060 Review 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) 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, 9-8-91; 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 of this 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) 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE NO. ~((j)fP1f AI\' ORDII\'ANCE OF THE CITY OF SA!\' BERl\"ARDINO AMENDING CHAPTER 15.37 OF THE SAN BE&~ARDINO MUNICIPAL CODE RELATED TO THE HISTORIC BUILDING DEMOLITIOl\' ORDINANCE. THE MAYOR A:"\D COMMON COUNCIL OF THE CITY OF SA?\' BERI\ARDE\O DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.37 of the Municipal Code relating to the Historic Building Demolition Ordinance is amended as shown in Attachment 1 attached hereto and incorporated herein by reference. SECTION 2. Severability. In the event that any provision of this Ordinance. or any part thereof, or any application thereof to any person or circumstance. is for any reason held to be 12 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 15 person or circumstance or of said provision as applied to any other person or circumstance. It is 16 17 hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid. or ineffective pro\"isions not been included herein. 18 19 III I 20 I I I I 21 IIII 22 23 24 25 26 27 28 5 - / f? -O~ -==Jf J ~ 1 AN ORDINANCE OF THE CITY OF SAN BER;'\ARDINO AME:\DI:\G CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO 2 THE HISTORIC BUILDING DEMOLITION ORDIl\'ANCE. 3 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof. held 7 on the day of 8 Council Members: AYES NAYS 9 ESTRADA 10 BAXTER 11 BRINKER 12 SHORETT 13 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 , 2009. by the following vote to wit: ABSTAIN ABSENT City Clerk 19 20 21 The foregoing ordinance is hereby approved this _day of ,2009. PATRICK J. MORRIS, Mayor City of San Bel11ardino Approved as to form: 22 23 JAMES F. PE~MAN :: :~J:ne~. p~ 26 ///() 27 28 2 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 Review Requirements. Historic Resource Evaluation Report. Criteria for Detennination of Historical Significance. Review 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. Me-8S0, 9-8-91; Ord. MC-694, 12-18-89) 15.37.020 Definitions. 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-694, 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-694, 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-694,12-18-89) 15.37.040 Dangerous Buildings Exempted. (Ord. MC-850, 9-8-91; Ord. MC-694, 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 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 Review 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-694, 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 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-694,12-18-89) 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, 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-694, 12-18-89) 15.37.060 Review 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 (Le., 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) 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-8S0, 9-8-91; 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 of this 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) A TT ACHMENT 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. Defi n itions. Historic Preservation Task Force. Demolition Prohibited. Dangerous Buildings Exempted. Evaluation Thresholds and Review Requirements. Historic Resource Evaluation Report. Criteria for Determination of Historical Significance. Review 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 June 2, 1989, 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-694, 12-18-89) 15.37.020 Definitions. 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. Task Force The Historic Preser\'ation Task Foroe, a committee 3ppointGd by the M3yor 3nd Common Council to ovorsee the Historic Preserv3tion Progr3m. Historical Preservation Commission - a commission appointed by the Mayor and Common Council 3S outlined in Chapter 2.23 of this Municipal Code. (Ord. MC-8SG, 9-8-91; Ord. MC-694, 12-18-89) 15.37.030 Historical Preservation Task Force Commission. The Historical Preservation Task Force (T3Sk Force) Commission was established by MC 69~ MC-1245 and the T3sk Force Commission members were appointed by the Mayor with the concurrence of the Common Council. Under the provisions of this Chapter, the T3sk Force Commission shall perform the duties specified in Chapter 2.23 continue to oversee the historic Preserv3tion Progr3m and Demolition Permit Applications in 3n 3dvisory C3p3City and perform other duties as established by the M3yor and Common Council. This T3sk Force Sh311 exist until the M3yor 3nd Common Council determine th3t it is no longer needed. (Ord. MC-8SG, 9-8-91; Ord. MC-694, 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-8SG, 9-8-91; Ord. MC-694, 12-18-89) 15.37.040 Dangerous Buildings Exempted. ATTACHMENT 1 The demolition of ::my building or structure fifty (50) ye:lrs old or older sh:lll be exempt from the provisions of this Ch:lpter if findings have been m:lde by the He:3rinq Officer. BO:lrd of Building Commissioners or the Building Offici:ll pursu:lnt to other provisions of the Municip:l1 Code decl:lring th:lt the building or structure is either:3 public nuis:lnce or :l d:lngerou& building. In such inst:lnces, :l Demolition Permit m:lY be issued in :lccord:lnce with :lll other City ordinances :lnd requirements. (Ord. MC-850, 9-8-91; Ord. MC-694, 12-18-89) 15.37.040 Dangerous Buildings Exempted Under Exigent Circumstances. The demolition of any buildinq 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 findinqs of fact, by the Hearinq Officer or the Buildinq Official pursuant to Chapter 15.28 of the Municipal Code declarinq that the buildinq or structure is a danqerous buildinq and constitutes an imminent threat to the health and safety of the public. In lieu of immediate demolition of a structure posinq an imminent hazard, feasible mitiqation 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 Review 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-694, 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: ATTACHMENT 1 A. Purpose and Scope 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 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-694, 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, ATTACHMENT 1 6. The building or structure is identified as the work of a person whose work has influenced the heritage of the City, the State or the United States; or, 7. The building or structure reflects outstanding attention to architectural design, detail, materials or craftsmanship; or, 8. The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district; or, 9. The unique location or singular physical characteristics of the building or structure represent an established and familiar feature of a neighborhood; or, 10. The building, structure or site has the potential to yield historical or archaeological information. (Ord. MC-85G, 9-8-91; Ord. MC-694, 12-18-89) 15.37.060 Review 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 Qualitv Act, and. applicable City requirements. within thirty (30) d3Ys of the project being deemed complete. Following the ERC review, the application and the environmental determination shall be reviewed by the Historical Preservation Commission. the Pl3nning Commission. 3. Historical Preservation Commission T3sk Force Review - The Historical Preservation Commission Task Force 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 Histone Resource evaluation R9Dort 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. ATTACHMENT 1 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-8S0, 9-8-91; Ord. MC-694, 12-18-89) (City Attorney Opinion No. 93-8) 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, 9-8-91; 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-8S0, 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 of this Code in addition to any other civil or administrative remedies. (Ord. MC-8S0, 9-8-91; Ord. MC-694, 12-18-89) 15.37.090 Fees. Upon submittal of a Demolition Permit Application to the Development PI~nning ::md Building 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 ATTACHMENT 1 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 qovernmental aqencies prior to issuance of a Demolition Permit. (Ord. MC-850, 9-8-91; Ord. MC- 694,12-18-89)