HomeMy WebLinkAboutOrdinances_2467_CCv0001.pdf ORDINANCE NO. 246
AN ORDINANCE CE OF THE CITY OF REDLANDS AMENDING CHAPTERS 2.62
AND15.44 OF THE REDLANDS MUNICIPAL CODE RELATING TO THE
DEMOLITION OF BUILDINGS AND STRUCTURES
THE: CITE'`COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOW
Section 1, Section 2.62.22 3 of the Redlands Municipal Code relating to the demolition of
historic structures is hereby deleted in its entirety; and Section 2.62.230 entitled "Certificate of
Hardship" shall be renumbered as Section 2.62.220.
Section 2. Chapter 15.44 of the. Redlands Municipal Code relating to the 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 Defimitions.
15.44.050 Demolition Permit-Application.
15.44,060 Environmental Review Committee Review.
15.44.070 Historic and Scenic Preservation Commission Review,
15.44.080 Appeal of Commission Decision.
15.44.090 Delayed Permit Issuance -Cooperative Efforts.
15A4.100 Issuance of Kermit.
15.44.110 Dangerous Buildings.
15,44b120 Premature Demolition.
15.44.010 Title.
The ordinances codified in this Chapter shall be collectively known as the"City Building and
Structure Demolition Ordinance."
15:44.120 Purpose and Intent.
The City Council finds that historically significant structures situated with in the`City c r titute
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.
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 Cit)es Co unity
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:
A. "CEQA," means the California Environmental Quality Act,contained in California Public
Resources Code section 2 1000, et. M., as amended from time to time.
B. "Historical Resource," means 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.
C. "Historical Significance." A building or structure shall be determined to be of"Historical
Significance" if it satisfies any of the following criteria:
I. 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;
2. The building or structure is associated with the lives and persons important in
our past;
3. 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;
4. The building or structure has yielded, or may be likely to yield, information
important in prehistory or history; or
5. 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
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application for a demolition permit.
. The building or structure qualifies as a historical Resource.
D. "State Historical resources;Law," means the State laws governing historical structures
contained in Public resources Code sections 5020 et. sem., as amended from time to time.
15,44.050.050 l emolitio permit—Application.
An application for a demolition permit shall;
A. Be completedbythe owner of the structure proposed for demolition, or the owner's
authorized representative, and submitted to the Communiq,Development prem l ep rtment with payment
of all applicable fees. Concurrent with the filing of a application for a demolition permit, application
shall also be made for any required environmental review pursuant to CEt A.
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.
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 o w --no documentation available'" on the permit application.
15.44.06+0 Environmental Review Committee-Structures less than 50 years old:
Demolition permit applications for structures less than fifty years of age shall be
scheduled for review by the City's Environmental review Committee and an initial study shall be
prepared,in accordance with CEA by City staff: Notice ofthe Committee's meeting shall be given
to the applicant and to the public in accordance with the City's Guidelines implementing CE A..
B. At its meeting, the Committee shall review the :initial study and staff report, the
documentation supporting the application, all testimony from the applicant and the public, and make
a determination of the historical significance of the structure proposed to be demolished.
t 1 ifthe Committee 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
environmental impact report;under CE A, the permit application and structure shall also be exempt
from er review by the City under this Chapter, unless an appeal of the Committee's
determination is made to the Historic and Scenic Preservation Commission. If no appeal is filed
within the time provided for lay this Chapter,the Co unity Development Department shall thereafter
issue the demolition permit in accordance with this Code:
) Ifthe Corrunittee determines that the structure y have historical significance and/or that
its demolition requires the preparation of a negative declaration or an environmental impact report
under CEQA.,:the demolition permit application shall be referredto the City's Historic and Scenic
Preservation Commission for further review and action.
C. Appeal of Committee Decision. Any person may appeal a decision of the Environmental
Review' Committee to the Historic and Scenic Preservation Commission. The person making the
appeal shall file the same within ten days of the rate of the Committee's decision with the Community
Development Director. The appeal shall be in writing, on the form provided by the Community
Development Department,ent, and shall be accompanied by payment of the applicable fees. Upon
receiving a request for an appeal, the Community Development Director shall notify the applicant for
the demolition permit,in writing,and shall place the appeal on the agenda for the next regular Historic
and Scenic Preservation Commission meeting scheduled to be held`at least ten clays after the date on
which the appeal is received.
I 5 44.070 Historic and Scenic Preservation Commission Review.
A. Demolition permit applications for structures fifty years of age and older shall be scheduled
for review by the Historic and Scenic Preservation Commission,and an initial study shall be prepared,
in accordance with CEQA by City staff. Notice ofthe Commission's meeting shall be given to tete
applicant and the public in accordance with the City's Guidelines implementing CEQ . Review of
such applications shall occur in accordance with subsections"E" and" "below.
B: Upon referral of a demolition permit application from the Environmental Review
Committee, the Historic and Scenic Preservation Commission shall schedule the application for
review, with at least ten. (l days prior written notice provided to the applicant and the public.
report shall be preparers by the City's Historic Preservation Officer regarding the application and,if the
structure proposed for demolition is part of a Fire Departmenttraining exercise,a representative of the
Fite Department shall also review and sign the report as "concurring" with its contents prier 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 d the need for y further environmental review, and male
its own determinations whether the structure is historically significant and/or subject to further
environmental under CEQA. Tbe 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 ofthe=determination oftho Commission and the applicant's
right of appeal pursuant to Section 15-44,080 of this Chapter.
i l j If the Commission 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 environmental 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 days of the date of
the Commission7s 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 for the next regular Council meeting
scheduled to be held at least ten 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 Co fission,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 in
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 Commission,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 pen-nit
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.
BIn addition to any mitigation measures that might 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
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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 and 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 ofthe 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 Community Development Department. After verig that the demolition
permit process has occurred in compliance with this Code,the Community Development Department
shall issue a demolition permit.
13. 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
remedy a condition determined dangerous to the general public by the City's Community Development
Department.
A. Structures having no 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 carmot be reasonably repaired or restored,
the structure may be demolished in accordance with State and City laws governing the emergency
demolition 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 Chapter 2.52 of this Code.
15.44.120 Premature demolition.
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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.'°
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 or general circulation within the City, and, thereafter, this ordinance shall take
effect in accordance with law.
z
Mayor of the City of Redlands
ATTEST:
City- derk �16)
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the jLthday of—dune---,2002,
by the following vote:
AYES: Councilmembers Peppler, Gilbreath, George, Harrison-, Mayor Haws
NOES: None
ABSTAIN: None
ABSENT: None
City Clerk, City#Vdlands
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