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Home My WebLink AboutREDcarterph5RECEIVE D P 20 2010 SLO CITY CLER K From :ANCARTER@aol .com [mailto :ANCARTER@aol .com j Sent :Sunday, September 19, 2010 9 :20 P M To :Dietrick, Christine ; Lichtig, Katie; Mandeville, John ; Murry, Kim ; Cano, Elain a Subject :Preservation Ordinance & Guidelines -- Recommended Change s BCC to Council , Here are some changes to the Preservation Ordinance and Guidelines which I plan t o recommend on Tuesday night . Andrew Carte r 1283 Woodside Driv e San Luis Obispo, CA 9340 1 805-594-1906 RED FILE MEETING AGENDA DATE 2-1 i2 ITEM # Nse'-, COUNCIL ,Z ODD DI R El GAG-GM FIN DI R 12'AeAfl Al FIRE CHIEF ® ATTORNEY PW DI R ,>2t CLERK/ORIG POLICE CH F DPT HEADS F 80 DI P I _.jlUTILSI R RJ HP DIM i L .. SuvCtTl 5 G L Draft Historic Preservation Ordinance Attachment 4 June 28, 201 0 review and recommendation to the Chief Building Official for approval . (e)Members of the ERC, owners of Master List buildings, and owners' representatives shal l have physical access to hazardous Master List buildings, at the Community Developmen t Director's discretion, to recommend appropriate shoring and stabilization measures to b e undertaken to the Chief Building Official . (f)Stabilization actions should occur within the time period specified by the ERC.A construction permit shall be obtained for stabilization actions, unless the requirement is waive d by the City or is exempt from permit requirements . 2 .68 .065 Demolition of historic buildings . If a Master List resource is damaged by a disaster, demolition of the structure may be authorize d under the provisions of the California Building Code (CBC) and under following provisions : The issuance of a demolition permit is governed by the provisions of this ordinance, which shal l serve as local amendments to the procedures contained in the CBC.Removal or destruction o f any character-defining feature of a Master List building, as determined by the Director or Chie f Building Official, constitutes a demolition . Recommendations regarding stabilization method s and emergency demolition shall be made by the ERG, (a) Within 90 days of the initial date of the disaster,demolition permits shall . not be issued unles s.,the Director or Chief Building Official, upon the recommendation of the ERC, determines tha t earlier demolition is necessary to : i)eliminate an imminent, demonstrable threat to human life and/or undamaged propert y on adjacent streets or sites ; o r ii)provide access . for emergency vehicles and ersonnel where no alternative route o r service strategy (s . tt (b) After 90..Calendar days following the initial date of the disaster, the issuance of demolition permit for a Master List building is subject to the normal permit processing procedures for demolition or relocation of.,historic buildings . The CHC shall make a recommendation to the Architectural Review Commission regarding demolition of Master List buildings . To recommend approvalale . demolition permit application, the CHC must determine that : i) The historic resource is a hazard to public health or safety, and repairs, stabilization , preservation or rehabilitation is not sl r l4y feasible . Deterioration resulting from the neglect t5tt or failure of the owner to maintain the property need not be considered in making this finding _ The applicant shall provide one or more structural reports to document that repairs or stabilization, are not feasible . -15 - Attachment 7City of San Luis Obispo - Draft Historic Preservation Program Guideline s Tune 201 0. 3 .6 Demolition of Historic Resource s 3 .6 .1 Intent . It is the intent of the City that listed historic resources are an irreplaceabl e community resource that merit special protection to preserve them for future generations, an d shall not be demolished unless Council makes ali of the findings listed under Section 3,6 .4 . 3 .6.2 Demolition review .The CHC shall review and make recommendation to the Director , ARC or City Council concerning demolition applications for strut res-li ted in the inventory o f Historic resources . 3 .6.3 Demoliton thresholds .Demolition permits for structures which are included on th e Inventory of Historic resources sail be required for : (a)Alterations to the resource involving greater than 25''/o of the original buildin g framewor' roof, and exterior walls ; and (b)Removal of greater than 25% of any building's framework,_root'.,and 'weldor walls ; an d (e) Relocation of such resources to a site outside the city limits . These thresholds shall not apply to repairs tolistedhistoric resourc s when the e I S ` ar the Director determines such work is cOrasistt with the Secretarysofthe Interior's Standards for the Treatment €af istonc Pro erties anti with these ' uidetinc 3 .6.4 Required findings for demolition ofa historic resource .The City Council shall approv e an application for demolition of a structure listed m the inventory of Historic Resources only i f Council determines tha i ya) The,histon":resource is a ha di to public health or safety, and pairs or stabilization is not -, rc r 1 ., feasible.Deterioration resulting from the property owner's neglect or failure t o maintain:the property should not be a Justine-anon for demolition . The applicant may be require d to provide structural reports,-y, the approval of the Community Development Director or Cit y Council, to document that rerioirs or stabilization are not feasible : and (b)T h e proposed deLn . i ;_ is consistent with the General Plan, and (c)Denial of the a it eaitan will deprive the property owner ofy economicallyv iable use of sp the property, after application of financial, land use and other incentives available to th e property , 3 .6 .5 Demolition timing .City regulations provide for a 90-day waiting period befor e demolition of a listed historic resource to allow consideration of alternatives to preserve th e building through relocation and/or property trades . The Chief Building Official shall not issue a permit for demolishing a historic resource until : a) public notice requirements in the City's _2l ‘Pi-ts'-7-157 City of San Luis Obispo - Draft Historic Preservation Program Guidelines Attach t-p.I :t 7 June 201 0 Demolition and Building Relocation Code have been met, b) a construction permit is issued for a replacement building, and e) all permit fees for the new development are paid . Where no ne w development is proposed, tixe property owner shall provide to the Director's satisfaction , financial guarantees to ensure demolition plans and . conditions of approval are implemented . 3 .6 .55 Exceptions .In the event that a listed historic resource may pose an imminen t demonstrable Threat to human life and safety, the Chief Building Official may disregard the 90 - day waiting period and issue a permit for demolition . 3 .6.6 Historic and architectural documentation .,Before the issuance of a demolition Permi tfor structures listed in the Inventory of Historic Resources, the tesoun e and its site shall b e documented as specified in City standard s;to the satisfaction of tine C1 C anti the Director . Th e documentation shall be retained in a secure but publicly accessible loca i ?n: 3 .6 .7 Historic acknowledgement An acknowledgment . of demolished resources shall b e provided through his-ode signage and/or the reuse Or display of historic materials aad-artifaet4 o n site, at the owner's expense, to the Director's approval : 3 .6.8 Code requirements .Demolitions hall follow standards and procedures in the Demolitio n and Building Relocation Code and California Building Code as locally amende d 3.6.9 Expiration of demolition approval .Demolition approval of a listed historic resource shal l expire two years after its date of approval unless `ti `budding permit has been issued an d construction has begun, A, one year extension may -be granted by the ire tor. dditional tim e extensions shall rccnrre reappl cation to, and appro\°al by they CHC .. 3 .7 Relocation of W ric Re aurces. Relocation hay i to p e tial t-akersely ui't the significance of a historic resource and i s discouraged Relocatio n applications shall be evaluated as fellows :.' (a)Review The CHC and ARCH shall review applications to relocate structures Listed on th e Inventory of Historic Re.si'urces . (I))Criteria for ref tion .Relocation of structures included on thee Inventory of Histori c Resources,or tho se that are determined by the CRC or the Director to be potentiall y historic, is the least preferred preservation method and shall be permitted only when : (l) The relocation. will not .:..y_e pat change; destroy, or adversely affect th e historic, architectural or aesthetic value of the resource ; and City of San Luis Obispo - Draft Historic Preservation Program Guidelines Attachment 7 June 2010 ceetitt,iti (i)Relocation will not " V affect the character of the historic district where th e resource is located or at its proposed location, and (ii)The original site and the proposed receiving site are controlled through ownershi p long term lease or similar assurance by the person(s) proposing relocation, to th e Director's approval, and (iii)The proposed receiving site is relevant to the resource's historic significance an d the relocation will pose no adverse impacts to the surrounding property, an d (iv)Reioeation is consistent with goals and policies of the General Plan, an y applicable area or specific plans, and these Guidelines, or (c)Relocation timing .The historic resource shall nit.e relocated unless the C-thief Building Official . issues a permit for relocation and all permit dr impaet fees for new development ar e paid ; or where n.o new development is proposed, an appropriate security is posted to guarante e that relocation plans are implemented, to the Director's appro'Citil (d)Historical and architectural documentation .Prior to issuance of a construction permit fo r relocation, the resource and its site shall he i rstoriuJ1' documented as specified in thes e Guidelines, to the satisfaction o the C HC and -the:Trector. An ack,aowle gni 'it of the resource , such as a permanent.. wciitherp,.oof historic 'plaque shall 'he incorporates on the resource 's original site as provided-by the applicant or propert y owner, subject. to the approval of the CHC , (e)Relocation plan and prbeedri es kele cons shall i"ollov a a play apntoved b tlae CSC or :the Director turd , and ptei collies i tfac `Demolition an Building Rclei loon ceocie, the California aamg Grade,Ord tint following: application fer r cl shall be made on for :ars provided by the Department an d 11a i1 includeinformation-to respond to the criteria in Section 3 .8(b). y Council will no -'.rat an approval e relocation o listed mrce unless one of ollowing two mgs can b ni (i)The reio . e is a hazard to ac health or saf ,and repair ors azation is structurally feast Deterioration r-: brag from the to ect or fai r the own to .main the pro will not be tiered a bFor - 23 - (2) The"i C wall hid a notices, pubic hearing and recommend action to Inc ARC or City Conncil P_-:the application for relocation of a historic resource , and. the ARC `r Council shall consider the CFrC's recommendation in making th e final determination to Approve or deny the perrarit . City of San Luis Obispo - Draft Historic Preservation Program Guidelines Attachment 7 June 2010 -24 _P1'1S-S1f ma g this find' • The D -for may re the elicant provide o e r mores ., oral red s to dace €hat Fair or ~ilization ' no t feasibI enial of applicatio n viable e of the p oth = incentives y owner all econo Iy ation of ancial, Ian use an d ,,/ eObispoTheater,Monterey at Court ti€rot demoAshen' fry 1976 after a fire