HomeMy WebLinkAboutOrdinances_2864ORDINANCE NO. 2864
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
15.44 OF THE REDLANDS MUNICIPAL CODE RELATING TO
DEMOLITION OF BUILDINGS AND STRUCTURES
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 15.44 of the Redlands Municipal Code, entitled "Demolition of
Buildings and Structures" is hereby deleted in its entirety and rewritten to read as follows:
"Chapter 15.44
DEMOLITION OF BUILDINGS AND STRUCTURES
15.44.010: TITLE:
15.44.020: PURPOSE AND INTENT:
15.44.030: APPLICABILITY:
15.44.040: DEFINITIONS:
15.44.050: DEMOLITION PERMIT APPLICATION:
15.44.060: DIRECTOR DETERMINATION; STRUCTURES LESS THAN FIFTY
YEARS OLD:
15.44.070: HISTORIC AND SCENIC PRESERVATION COMMISSION REVIEW:
15.44.080: APPEAL OF COMMISSION DECISION:
15.44.090: MITIGATION MEASURES AND CONDITIONS OF APPROVAL:
15.44.100: ISSUANCE OF PERMIT:
15.44.110: DANGEROUS BUILDINGS:
15.44.120: PREMATURE DEMOLITION:
15.44.010: TITLE:
The ordinances codified in this chapter shall be collectively known as the CITYBUILDINGAND
STR UCTURE DEMOLITION ORDINANCE.
15.44.020: PURPOSE AND INTENT:
The city council finds that historically significant structures situated within the city constitute a
cultural treasure for the entire community to enjoy, and that the preservation of these structures
will promote the general welfare by maintaining an invaluable link to the City's rich and
distinguished past. The city's permit procedures for demolishing structures therefore recognize
that the city's historic structures should be preserved and, that if a structure is approved for
demolition, mitigation measures and conditions should be considered and imposed prior to the
demolition which provide the opportunity for persons to rescue potentially historic structures
from destruction by purchasing the structure's site, relocating the structure, or otherwise
preserving for posterity the historic and cultural significance of the structure.
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15.44.030: APPLICABILITY:
This chapter shall apply to any structure for which an application for a demolition permit is
made. No structure shall be demolished until a demolition permit is issued by the city's
community development department in accordance with this chapter.
15.44.040: DEFINITIONS:
The following words, as used in this chapter, still have the meanings herein prescribed for them:
CEQA: The California envirorunental quality act, contained in California Public Resources Code
section 21000 et seq., as amended from tune to tune.
DIRECTOR: Shall mean the City's Development Services Director, or his or her designee.
HISTORICAL RESOURCE: All buildings or structures listed in, or determined to be eligible for
listing in, the California Register of Historical Resources. Buildings or structures actually
designated as historically significant in any local register of historic resources, or identified as
significant in a historical resource survey meeting the requirements of the state historical
resources law, are presumed to be historically or culturally significant. The city shall treat any
such resource as significant unless the preponderance of evidence demonstrates that this resource
is not historically or culturally significant.
HISTORICAL SIGNIFICANCE: A building or structure shall be determined to be of "historical
significance" if it satisfies any of the following criteria:
A. The building or structure is associated with events that have made a significant contribution
to the broad patterns of California's history and cultural heritage;
B. The building or structure is associated with the lives and persons important in our past;
C. The building or structure embodies the distinctive characteristics of a type, period, region or
method of construction, or represents the work of an important creative individual, or
possesses high artistic values;
D. The building or structure has yielded, or may be likely to yield, information important in
prehistory or history;
E. The building or structure is significant in the "cultural annals of California" as demonstrated
by substantial evidence in light of the whole record presented to the city regarding an
application for a demolition permit; or
F. The building or structure qualifies as a historical resource.
STATE HISTORICAL RESOURCES LAW: The state laws governing historical structures
contained in Public Resources Code sections 5020 et seq., as amended from time to time.
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15.44.050: DEMOLITION PERMIT APPLICATION:
An application for a demolition permit shall:
A. Be completed by the owner of the structure proposed for demolition, or the owner's
authorized representative, and submitted to the development services department with
payment of all applicable fees. Concurrent with the filing of an application for a demolition
permit, if the Director determines the application is not exempt under CEQA, application
shall also be rade for any required environmental review pursuant to CEQA.
B. The application shall identify the structure to be demolished by providing a description of the
structure, its address, legal description and tax assessor's parcel number.
C. The applicant shall specify whether the structure is listed as a historic or cultural resource or
has been determined to have historical significance, by any federal, state, regional or local
listing or designation, or as that term is defined in this chapter.
D. The application shall specify the date that construction of the structure was completed, and
include documentation verifying that date to the satisfaction of the city. If documentation is
unavailable to reasonably establish the date of completed construction, the applicant shall
write "age of structure unknown no documentation available" on the permit application.
15.44.060: DIRECTOR DETERMINATION; STRUCTURES LESS THAN FIFTY
YEARS OLD:
A. Pen -nit Application: Demolition permit applications for structures less than fifty (50) years
of age shall be scheduled for review by the city's Director who shall determine whether the
application is exempt under CEQA or whether an initial study shall be prepared, in
accordance with CEQA, by city staff,
B. Director Determination: The Director shall review any initial study that has been prepared,
the staff report, the documentation supporting the application, and any testimony from the
applicant, and make a determination of the historical significance of the structure proposed
to be demolished.
1. If the Director determines that the structure has no historical significance and demolition
of the structure is determined to be exempt from the preparation of a negative
declaration or enviromnental impact report under CEQA, the Director shall thereafter
issue the demolition permit in accordance with this code.
2. If the Director determines that the structure may have historical significance and/or that
its demolition requires the preparation of a negative declaration or an enviromnental
impact report under CEQA, the demolition pen -nit application shall be referred to the
city's historic and scenic preservation connznission for further review and action.
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15.44.070: HISTORIC AND SCENIC PRESERVATION COMMISSION REVIEW:
A. Demolition permit applications for structures fifty (50) years of age and older shall be
scheduled for review by the historic and scenic preservation cominission, and an initial
study shall be prepared in accordance with CEQA by city staff. Notice of the cormnission's
meeting shall be given to the applicant and the public in accordance with the city's
guidelines implementing CEQA. Review of such applications shall occur in accordance with
subsections B and C of this section.
B. Upon referral of a demolition permit application from the Director, the historic and scenic
preservation commission shall schedule the application for review, with at least ten (10)
days' prior written notice provided to the applicant and the public. A report shall be prepared
by the city's historic preservation officer regarding the application and, if the structure
proposed for demolition is part of a fire department training exercise, a representative of the
fire department shall also review and sign the report as "concurring" with its contents prior
to its distribution to the historic and scenic preservation commission. A copy of the report
shall be provided to the applicant.
C. The historic and scenic preservation commission shall determine the potential historical
significance of the structure and the need for any further environmental review, and make its
own determinations whether the structure is historically significant and/or subject to further
environmental review under CEQA. The commission may then subsequently approve,
condition or deny the permit application after completion of any required environmental
review. Following action by the commission, the historic preservation officer shall notify
the applicant (and in the case of a fire training exercise, the fire chief) in writing of the
determination of the conunission and the applicant's right of appeal pursuant to
section 15.44.080 of this chapter.
1. If the coinmission determines that the structure has no historical significance and the
permit application is approved, the application shall be exempt from further review by the
city under this chapter unless an appeal is made to the city council. If no appeal is filed
within the time provided for by this chapter, the community development department
shall thereafter issue the demolition permit in accordance with this code.
2. If the commission determines that the structure has historical significance, the
commission shall conduct the appropriate enviromnental review and subsequently
approve, condition or deny the application.
15.44.080: APPEAL OF COMMISSION DECISION:
A. Any person may appeal a decision of the historic and scenic preservation commission to the
city council. The person making the appeal shall file the same within ten (10) days of the
date of the commission's decision with the city clerk. The appeal shall be in writing, on the
form provided by the city clerk, and shall be accompanied by payment of the applicable
fees. Upon receiving a request for an appeal to the city council, the city clerk shall notify
the applicant for the demolition permit, in writing, and shall place the appeal on the agenda
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for the next regular council meeting scheduled to be held at least ten (10) days after the
date on which the appeal is received.
B. At the appeal, the city council shall hear testimony from the applicant, staff and the public
concerning the historical, architectural or cultural significance of the structure. After
considering the determination by the commission, together with all testimony from
interested persons, the city council shall confirm, modify or reject the decision of the
commission.
C. After hearing testimony at the public hearing, if the city council determines that the
demolition of the structure is justified, the permit to demolish the structure shall be issued
im accordance with this code. If the city council determines, after hearing evidence at the
public hearing, that the demolition shall be postponed as ordered by the connmission, the
demolition permit shall not be issued until expiration of the period for delay imposed by the
commission. The decision of the city council shall be final.
15.44.090: MITIGATION MEASURES AND CONDITIONS OF APPROVAL:
A. The city shall identify potentially feasible measures to mitigate significant adverse changes
in the significance of a historical resource. The city shall ensure that any adopted mitigation
measures to mitigate or avoid significant adverse changes are fully enforceable through
permit conditions, agreements or other measures. In rendering any decision under this
chapter, the city recognizes that a project which is mitigated or conditioned to follow the
secretary of the interior's "Standards For The Treatment Of Historic Properties With
Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic
Buildings"; or the secretary of the interior's "Standards For Rehabilitation And Guidelines
For Rehabilitating Historic Buildings" (1995), Weeks and Grimmer, shall be considered as
mitigated to a level of less than a significant impact on the historical resource.
B. In addition to any mitigation measures that inight be imposed pursuant to the authority of
CEQA, the city shall have the right to reasonably condition the issuance of a demolition
permit to further the goals of this chapter and to protect the public health, safety and welfare
interests of its citizens.
C. If a demolition permit application is conditioned by the imposition of a delay of its issuance,
the city shall reasonably cooperate with the applicant an the owner of the structure for the
purposes of saving the structure through purchase of the property, relocating the structure,
or by any other means to rescue the structure from demolition, in the shortest time possible.
The city shall make every reasonable effort to provide for the preservation of the structure,
but nothing in this chapter shall require the city to purchase, relocate or otherwise expend
city funds in connection with the efforts to save the structure.
15.44.100: ISSUANCE OF PERMIT:
A. On or after the eligible date for demolition to occur, the applicant may obtain the demolition
permit from the development services department. After verifying that the demolition permit
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process has occurred in compliance with this code, the development services department
shall issue a demolition permit.
B. In the event demolition of the structure is part of a fire department training exercise, the fire
department shall obtain a copy of the demolition permit from the owner of the structure.
Prior to the training exercise, a copy of the demolition permit shall be affixed to the
structure. The city's fire chief shall personally inspect and verify that a copy of the
demolition permit is affixed to the structure prior to initiating the training exercise.
15.44.110: DANGEROUS BUILDINGS:
Nothing in this chapter shall prevent the alteration, repair or demolition of any structure to
rernedy a condition determined dangerous to the general public by the city's development
services department.
A. Structures Having Historical Significance: In the event a structure has been damaged by fire,
flood, earthquake or other calamity to such an extent that, in the opinion of the city, the
structure cannot be reasonably repaired or restored, the structure may be demolished or
removed in accordance with state and city laws governing dangerous structures.
B. Structures Having Historical Significance: In the event a structure has been damaged by fire,
flood, earthquake or other calamity to such an extent that, in the opinion of the city, the
structure cannot be reasonably repaired or restored, the structure may be demolished in
accordance with state and city laws governing the emergency demolition of dangerous
buildings having historical significance. Such city laws shall be adopted by resolution of the
city council and shall be incorporated into the city's disaster management plans adopted
pursuant to title 2, chapter 2.52 of this code.
15.44.1.20: PREMATURE DEMOLITION:
Demolition of any structure prior to the issuance of a demolition permit is unlawful and a
violation of this chapter. Any person, firm or corporation committing such an unlawful act, or
allowing such an unlawful act to occur, shall be subject to the penalties as prescribed by law and
this code."
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Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
Paul W. Foster, Mayor
ATTEST:
anne Donaldson. Citv Clerk
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I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance
was duly adopted by the City Council at the regular meeting thereof} held on the 20th day of
March, 2018, by the following vote:
AYES:
Councilmembers Harrison, Barich, Tejeda, Momberger; Mayor Foster
NOES:
None
ABSENT:
None
ABSTAIN:
None
March, 2018.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of
N �d�fi�,cst.J
Je Donaldson, City CIerk
S
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