HomeMy WebLinkAbout8471RESOLUTION NO. 8471
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
UPHOLDING THE APPEAL OF THE HISTORIC AND SCENIC
PRESERVATION COMMISSION'S TO DENY DEMOLITION PERMIT NO.
357 AND APPROVING DEMOLITION PERMIT NO. 357
WHEREAS, Brian McKernan, property owner, has submitted an application for
Demolition Permit No. 357 to demolish a 2,794 square -foot single-family residential dwelling
located at 130 Sierra Vista within the Estate Residential (R-A) zone (APN: 0176-173-09-0000);
and
WHEREAS, notice of the February 2, 2023, Historic and Scenic Preservation Commission
public hearing for Demolition No. 357 was mailed to the owners of record of all properties within
300 feet of the subject property by the Secretary to the Historic and Scenic Preservation
Commission; and
WHEREAS, on February 2, 2023, the Historic and Scenic Preservation Commission held
a public hearing and considered the staff report, oral report, the testimony and the written evidence
submitted by and on behalf of the applicant and by members of the public; and
WHEREAS, on February 2, 2023, the Historic and Scenic Preservation Commission
Continued the Demolition No. 357 to an unspecified date; and
WHEREAS, notice of the April 6, 2023, Historic and Scenic Preservation Commission
public hearing was mailed to the owners of record of all properties within 300 feet of the subject
property; and
WHEREAS, on April 6, 2023, the Historic and Scenic Preservation Commission held a
public hearing and considered the staff report, oral report, the testimony and the written evidence
submitted by and on behalf of the applicant and by members of the public; and
WHEREAS, following the public hearing on April 6, 2023, the Historic and Scenic
Preservation Commission found:
a) Although a structure may not retain sufficient integrity to meet the criteria for
listing in the National Register, it can still be eligible for listing in the California
Register, per California Code of Regulations, Title 14, Chapter 11.5, Section
4852(c); and
b) Despite the alterations that have been made to the Baker residence, the residence
still retains sufficient integrity, such that it is an eligible historic resource under the
California Register guidelines; and
c) The demolition of the Baker residence would significantly alter an historic
resource; and
WHEREAS, Brian and Celina McKernan ("Appellant"), has filed a timely application on
April 10, 2023, to appeal the Historic and Scenic Preservation Commission's decision to deny
Demolition Permit No. 357; and
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WHEREAS, on May 2, 2023, the City Council held a duly noticed public hearing to
consider the Appeal of the Historic and Scenic Preservation Commission's decision to deny
Demolition Permit No. 357, and considered the findings and analysis of the Historic Resource
Evaluation report, as modified, prepared by Historic Resources Group, the peer review report
prepared by ECORP, the verbal and written testimony of City Staff, the applicant and public
comments from members of the public.
WHEREAS, CEQA Guidelines Section 15301 (Existing Facilities) provides for exemption
the California Environmental Quality Act (CEQA), and the project qualifies for this exemption;
and
WHEREAS, the Historic Resources Evaluation report found that the following alterations
to character defining features of the Baker residence have been made to the original structure:
a) Replacement of original ballast roof with membrane roofing
b) Reconfiguration of the primary east facade
c) Enclosure of the original carport
d) Enclosure of the original recessed entry porch
e) Removal of original stack bond slump stone entry wall
f) Removal of the original flush wood entrance door Relocation of the
primary entrance
g) Installation of an incompatible stock entrance door
h) Alteration of the southeast corner window to accommodate new entrance
i) Re -cladding of stack bond slump stone chimney with incompatible
manufactured stone veneer
j) Installation of incompatible manufactured stone veneer wall base
k) Two additions on the primary facade
1) Two additions to the secondary, north facade
m) Removal of at least twenty original windows; these were either
infilled or replaced with incompatible vinyl units
n) Replacement of three original aluminum framed sliding glass doors with
incompatible vinyl units
o) Installation of at least seven incompatible new vinyl windows in new
window openings
p) Removal/replacement of some original siding
WHEREAS, based on the findings of the Historic Resources Evaluation report and
following the public hearing on May 2, 2023, for the Appeal of the Historic and Scenic
Preservation Commission's decision on Demolition Permit No. 357, the City Council found:
1. Due to the compromised historic integrity of the Baker residence, the structure
is not eligible for listing in the National Register or California Register, nor is
it eligible for designation as a City of Redlands Historic Landmark or
Resource; and
2. Demolition Permit No. 357 would not substantially alter an eligible historic
resource, and is therefore exempt from the preparation of a negative
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declaration or environmental impact report under the California
Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and are incorporated by
reference herein.
Section 2. Based on the evidence and testimony presented to the City Council during the
public hearing, including the findings and analysis of the Historic Resource Evaluation report, as
modified, prepared by Historic Resources Group and the peer review report prepared by ECORP,
the applicant's Appeal of the Historic and Scenic Preservation Commission's decision to deny
Demolition Permit No. 357 is hereby upheld, reversing the Historic and Scenic Preservation
Commission's denial.
Section 3. The approval of Demolition Permit No. 357 is Exempt from the California
Environmental Quality Act per Section 15301(1)(1) (Existing Facilities), and there is no substantial
evidence of any potentially significant impacts.
Section 4. Demolition Permit No. 357 is hereby approved subject to the conditions of
approval contained in Exhibit A attached to this Resolution.
Section 5. This Resolution shall become effective upon adoption.
ADOPTED, SIGNED, AND APPROVED this 2nd day of 4ay,)0'.
Eddie Tejeda, Mayor
ATTEST:
nne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof held on the 2nd day
of May, 2023, by the following vote:
AYES: Councilmembers Barich, Saucedo; Mayor Tejeda
NOES: Councilmembers Davis, Guzman -Lowery
ABSENT: None
ABSTAINED: None
Donaldson, City Clerk
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EXHIBIT A
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL FOR
DEMOLITION PERMIT NO. 357
1. This approval is to demolish an approximately 2,794 square -foot, single-family residential
dwelling over 50 years of age located at 130 Sierra Vista Drive (APN: 0293-141-32-0000)
2. Prior to demolition, a building permit shall be obtained from the Development Services
Department.
3. The issuance of any permits shall comply with all provisions of the Redlands Municipal
Code, including Section 15.44 which regulates the demolition of structures.
4. All demolition activities shall be limited to the hours from 7:00 a.m. to 6:00 p.m., Monday
through Saturday, and prohibited on Sundays and Federal Holidays.
5. The applicant for this permit, and its successors and assigns, shall defend, indemnify and
hold harmless the City of Redlands, and its elected officials, officers, agents, and
employees, from and against any and all claims, actions, and proceedings to attack, set
aside, void or annul the approval of this permit by the City, or brought against the City due
to acts or omissions in any way connected to the applicant's project that is the subject of
this permit. This indemnification shall include, but not be limited to, damages, fees, costs,
liabilities, and expenses incurred in such actions or proceedings, including damages for the
injury to property or persons, including death of a person, and any award of attorneys' fees.
In the event any such action is commenced to attack, set aside, void, or annul all, or any,
provisions of this permit, or is commenced for any other reason against the City for acts or
omissions relating to the applicant's project, within fourteen (14) City business days of the
same, the applicant shall file with the City a performance bond or irrevocable letter of credit
(together, the "Security") in a form and in an amount satisfactory to the City, to ensure
applicant's performance of its defense and indemnity obligations under this condition. The
failure of the applicant to provide the Security shall be deemed an express acknowledgment
and agreement by the applicant that the City shall have the authority and right, without
objection by the applicant, to revoke all entitlements granted for the project pursuant to this
permit. The City shall have no liability to the applicant for the exercise of City's right to
revoke this permit.
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