HomeMy WebLinkAboutMC-14822
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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 Community Development Director 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
Community Development Director 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 I 5.37.050 of this
Chapter.
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
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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 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.
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,
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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
represents 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 Community Development Director 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. The Development and Environmental Review Committee (DERC) Review -An
Initial Study (pursuant to the California Environmental Quality Act) shall be prepared for a
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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 DERC for an environmental
determination in compliance with the provisions of the California Environmental Quality Act,
and applicable City requirements. Following the DERC review, the application and the
environmental determination shall be reviewed by the Arts and Historical Preservation
Commission.
3. Arts and Historical Preservation Commission Review - The Arts and 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 DERC'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
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hearing before the Planning Commission or the Application shall be forwarded to the Mayor
and City 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 City 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.
15.37.070 Appeals
Any person may appeal the decisions of the Community Development Director
pursuant to this Chapter to the Planning Commission. Decisions of the Planning Commission
pursuant to this Chapter may be appealed to the Mayor and City Council.
An appeal must be submitted in writing with the required appeal fee (if applicable) to
the Community Development 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.
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15.37.080 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.
15.37.090 Fees
Upon submittal of a Demolition Permit Application to the Community Development
Department, the applicant shall pay all applicable Planning Division fees in the amounts as
adopted by resolution of the Mayor and City 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 City 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.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declare that it would have adopted each
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section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 15.37 RELATED TO HISTORIC BUILDING DEMOLITION
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
18th day of April 2018, by the following vote, to wit:
Council Members:
AYES NAYS
MARQUEZ
B, - trV4-L2-
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k
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD y
MULVIHILL Y(S)
ABSTAIN ABSENT
Georgeann Iflanna, C C, ity Clerk
The foregoing Ordinance is hereby approved this 18th day of April 2018.
R. Carey Das, Mayor
.
City of San'Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
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