HomeMy WebLinkAbout09/03/1996, C-4 - FINAL PASSAGE OF ORDINANCE NO. 1306 (REVISIONS TO THE DEMOLITION REGULATIONS) council q- 3-4(o
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C I T Y OF SAN LU I S O B I S P O
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FROM: Arnold Jonas, Community Development Directo
PREPARED BY: Tom Baasch, Chief Building Official .?
SUBJECT: Final passage of Ordinance No. 1306 (Revisions to the Demolition
Regulations)
CAO RECOMMENDATION: Grant final passage to Ordinance No. 1306 amending the City
demolition regulations by (1) repealing Chapter 15.36 of the San Luis Obispo Municipal
Code, and (2) creating Appendix Chapter 1--DEMOLITION AND MOVING OF
BUILDINGS to the Uniform Building Code.
DISCUSSION
On August 20, 1996, the City Council voted to introduce Ordinance No. 1306to print
establishing revised demolition regulations, including the following amendments:
1. Change Exception 2 to Section 1143.2 to read "Accessory buildings, sheds,
garages and structures."
2. Insert the word "either" after the word "and" in Section 114.4.2.1 to read "For
demolition of a structure, the proposed replacement structure is as, or more,
compatible with neighboring development than the existing structure,
consistent with ARC guidelines; and either the condition of the structure
poses a threat to the health, safety or welfare of the community residents or
people living or working on or near the site, or the applicant has submitted
written documentation that it is financially infeasible to rehabilitate the
structure or preserve the historic nature of the site."
Ordinance No. 1306 is now ready for final passage and will become effective thirty days
after the date of its final passage.
ATTACHMENTS
Ordinance No. 1306
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Attachment 1
ORDINANCE NO. 1306 (1996 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
DELETING MUNICIPAL CODE CHAPTER 15.36 (DEMOLITION OF BUILDINGS)
AND ADDING NEW DEMOLITION REGULATIONS AS AN
APPENDIX TO THE ADOPTED UNIFORM BUILDING CODE
WHEREAS, the Cultural Heritage Committee, Architectural Review Commission
and the City Council have held hearings to consider the proposed changes to the Municipal
Code regarding the demolition and moving of buildings; and
WHEREAS, the Cultural Heritage Committee and the Architectural Review
Commission have recommended that the City Council revise said regulations to implement
General Plan policies, which call for the protection of the City's historical resources; and
WHERAS, the proposed amendments will streamline and improve the development
review process by reducing the number of review steps required for demolition projects and
by providing greater certainty for applicants during the review process; and
WHEREAS,the City Council finds that the proposed ordinance changes will promote
the public health, safety, and general welfare.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The proposed ordinance changes have been evaluated according to the
California Environmental Quality Act and the City's Environmental Guidelines; and after
review and consideration, the Community Development Director has determined that the
proposed action does not constitute a "project" under said regulations since it consists of
general policy and procedure making, and that no further environmental study is required.
SECTION 2. Chapter 1536 of the San Luis Obispo Municipal Code is hereby
repealed.
SECTION 3. The Uniform Building Code, adopted under Municipal Code Chapter
15.04, is hereby amended to add Appendix Chapter 1, as follows.
Appendix Chapter 1
DEMOLITION AND MOVING
OF BUILDINGS
SECTION 110 -- PURPOSE
The purpose of this appendix is to establish minimum standards and procedures for the
demolition and relocation (moving) of buildings and structures to safeguard life,
property, health and public welfare. It is also intended to ensure that moved buildings
are structurally sound, sanitary,.habitable, and that they will harmonize with existing
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Ordinance No. 1306 (1996 Series)
Page 2
development in the area to which they are to be moved.
SECTION 111 -- SCOPE
This appendix sets forth rules and regulations to control demolition and relocation
operations, establishes the administrative procedures for review of an application to
demolish or move a building, and provides for the issuance of permits.
SECTION 112 -- APPEALS
Any person aggrieved by a decision made under the terms of this chapter may appeal
such decision. For matters concerning the technical provisions of this code, such appeal
shall be subject to the provisions of the Uniform Administrative Code; for all other
matters, the appeal provisions of Chapter 1.20 of the Municipal Code shall apply.
SECTION 113 -- DEFINITIONS
For the purposes of this appendix, certain terms, words and their derivatives shall be
defined as specified in this section.
ARC means the Architectural Review Commission appointed by the City Council.
CHC means the Cultural Heritage Committee appointed by the City Council.
Demolition means the complete or partial removal of a structure.
Foundation means the structure, usually of concrete, resting on or in the ground,
including the footing, on which a building is erected.
Foundation wall means the walls of concrete or masonry which support a building.
Inventory of Historical Resources is the Master List of Historic Resources and the
Listing of Contributing Properties within Historical Preservation Districts
approved by the City Council.
Municipal Code means the San Luis Obispo Municipal Code.
Slab means a flat piece of material, usually of concrete, placed on the ground for
use as a building floor, patio, driveway, walk, ball court and/or similar uses.
Structure means any human made site feature, including signs, walls, fences,
buildings, monuments, or similar features.
Ordinance No. 1306 (1996 Series)
Page 3
Substructure means the foundation of a building or structure including the piers
and piles.
SECTION 114 -- PERMIT REQUIREMENTS
114.1 Permit Required. The demolition or relocation (moving) of any building or
structure shall not commence until a permit has been issued by the building official in
accordance with the provisions of this chapter and the Uniform Administrative Code.
EXCEPTION: Temporary construction offices.
A permit to move a building shall be a building permit when the building is
relocated within the limits of the city. A permit to move a building shall be a demolition
permit when the building is relocated to a site outside of the limits of the city.
114.2 Moving and Relocation of Buildings.
114.2.1 Inspection of buildings to be moved. All buildings to be moved into or within
the city shall be inspected by the building official to determine compliance with this code
and suitability for moving prior to permit issuance.
114.2.2 Transportation and building permits required. For moving projects, a
transportation permit shall be obtained from the public works director subsequent to
issuance of a moving permit. Building, plumbing, electrical, and mechanical permits
shall be required for all work necessary for the placement of a moved or relocated
building.
114.3 Procedure for Permit Application Processing. Upon receipt of a permit
application to demolish or move a building or structure, the building official shall
determine the nature of the proposed project and process the application as follows:
1. Demolition of Historical Resource. For any structure located on a property
listed on the Inventory of Historical Resources, the building official shall refer the
application to demolish the structure to the Cultural Heritage Committee (CHC)
for placement on its next open agenda. The CHC shall review and process the
application as follows:
1. If the CHC determines that the structure to be demolished has no
historical, architectural, or aesthetic significance to the community, it shall
refer the matter back to the building official with direction to issue the
demolition permit.
2. If the CHC determines that the structure to be demolished has historic,
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Ordinance No. 1306 (1996 Series)
Page 4
architectural or aesthetic significance to the community, it shall direct the
applicant to submit plans for Architectural Review Commission (ARC)
review pursuant to Section 114.4 of this chapter and Section 2.48 of the
Municipal Code. The owner shall secure the building to prevent further
degradation, if necessary, to the satisfaction of the building official.
2. Demolition of Structure Not Designated Historical. For any structure
constructed 50 years or more prior to the date of application for a demolition
permit and not located on a property listed on the Inventory of Historical
Resources, the building official shall, as a condition of permit issuance, require
that the applicant provide the following:
1. Evidence that, for a period of not less than 90 days from date of permit
application, the building was advertised in a local newspaper on at least
three separate occasions not less than 15 days apart, as available to any
interested person to be moved; and
2. Photographic documentation of the structure in accordance with criteria
established by the community development director and the CHC.
EXCEPTION: 1. A building or structure determined by the building
official to be a dangerous building as defined in the Uniform Code for the
Abatement of Dangerous Buildings which poses an imminent, serious
threat to the health, safety or welfare of community residents or people
living or working on or near the site, and for which photographic
documentation acceptable to the community development director has
been submitted.
2. Accessory buildings, sheds, garages and similar structures.
Upon receipt of the permit application, the building official shall notify the
chairman of the CHC of the proposed demolition project.
3. Moving to New Site. For any structure constructed 50 years or more prior to
the date of application for a permit to move a structure to a new site, the building
official shall direct the applicant to submit an application for ARC review
pursuant to Section 114.4 of this chapter and Section 2.48 of the Municipal Code.
EXCEPTION: Accessory buildings, sheds, garages and similar buildings.
114.4 Approval Process for Demolition or Moving of Structures on Historic Properties.
114.4.1 General. ARC review shall be required for the demolition or moving of a struc-
Ordinance No. 1306 (1996 Series) 5
Page 5
ture when determined necessary by Section 114.3 of this chapter. The application for
ARC review shall include architectural plans, including plans for a replacement structure
or structures in the case of demolition. The application, architectural plans and any
applicable CHC recommendation shall be reviewed and acted on by the ARC.
114.4.2 Findings Required. The building official shall not issue the permit unless the
ARC determines that:
1. For demolition of a structure, the proposed replacement structure is as, or
more, compatible with neighboring development than the existing structure,
consistent with ARC guidelines; and either the condition of the structure poses a
threat to the health, safety or welfare of the community residents or people living
or working on or near the site, or the applicant has submitted written
documentation that it is financially infeasible to rehabilitate the structure or
preserve the historic nature of the site.
2. For relocation or moving of a structure, the structure to be moved will be
compatible with the new site and other buildings in the neighborhood.
114.5 Guarantee. Prior to issuance of a permit to demolish or move a building or
structure, the applicant shall provide the city with a guarantee in such form and amount
as may be deemed necessary by the building official to assure completion of demolition
or moving, removal of all debris, cleanup of the site, repair of damage to public
improvements, erection of barricades when required and filling of depression below
adjacent grade. The amount of the guarantee for demolition shall be not less than one
thousand dollars or twenty percent of the value of the demolition contract price,
whichever is greater. The amount of the guarantee for moving a building or structure
shall be twenty percent of the total value of all work to be accomplished and associated
with moving of the building, but not less than five thousand dollars. Work required to
comply with this section may be completed by the city after the time limits stated have
expired and shall be paid from the deposit. The deposit shall not be released until such
work is completed.
EXCEPTION: 1. No guarantee will be required when the demolition permit is
issued at the same time as a building permit for a redevelopment project.
2. When the structure to be moved is to be relocated outside the limits of the
city, the amount of the guarantee may be reduced when approved by the building
official, but in no case shall be less than one thousand dollars.
114.6 Indemnity. Every person, firm or corporation to whom permission has been
granted under the terms of this chapter and other ordinances to utilize public property
for the demolition or moving of any building or structure shall at all times assume
Ordinance No. 1306 (1996 Series) 6
Page 6
responsibility for any damage to public property. Such permission shall be further
conditioned that any person, firm or corporation shall, as a consideration for the use of
public property, at all times release, hold harmless and indemnify the city and all of its
agents and employees from any and all responsibility, liability, loss or damage resulting
to any persons or property caused by or incidental to the demolition or-moving work.
Written indemnification in a form acceptable to the city attorney shall be provided.
114.7 Damage to Public Property. As a condition of obtaining a permit to demolish or
move any building or structure, the permittee shall assume liability for any damage to
public property occasioned by such moving, demolition, or removal operations.
Applicants for demolition permits shall provide information and plans when requested
for protection of public property. Information and plans shall be specific as to type of
protection, structural adequacy and location. Approval to use or occupy public property
shall be obtained before proceeding with demolition work.
114.8 Insurance. Prior to the issuance of a permit to demolish or move any building or
structure, the permit applicant shall deposit with the building official a certificate of
liability insurance naming the city as an additional insured party on the insurance policy.
Such insurance shall be valid at all times during demolition or moving operations. The
liability insurance coverage shall be in an amount of at least five hundred thousand
dollars per occurrence for injuries, including accidental death to any one person. and
subject to the same limit for each additional person, in an amount at least one million
dollars on account of any one accident: and property damage in an amount at least five
hundred thousand dollars.
EXCEPTION: Demolition of a wood frame building not greater than two stories
or twenty-five feet in height, measured to the top of the highest point of the roof,
provided the building is not less than twenty feet from public property lines or, if
less than twenty feet from public property lines, adequate protection is provided
for pedestrians and public property to the satisfaction of the building official.
114.9 Disconnecting Service Lines. Prior to the issuance of a permit to demolish or
relocate a building or structure, the permit applicant shall complete the following to the
satisfaction of the building official:
1. Electrical Service. The power to all electric service lines shall be shut-off and
all such lines cut or disconnected outside the property line. Prior to the cutting of
such lines, the property owner or his agent shall notify and obtain the approval of
the electric service agency.
2. Other Service. All gas, water, steam, storm, sanitary sewers, and other service
lines shall be shut-off and/or abandoned as required by the public works director,
utilities director, or other agency
Ordinance No. 1306 (1996 Series) 7
Page 7
SECTION 115 — PUBLIC SAFETY REQUIREMENTS
115.1 General. The demolition or moving of any building shall not commence until the
structures required for protection of persons and property are in place. Such structures
shall conform to the applicable provisions of Chapter 33 of this code. Prior to permit
issuance, a schedule of operations shall be submitted to the building official for review
and approval, and shall set forth a sequence of work on the building, the need to
barricade public streets, details of travel to and from the site for hauling operations,
route of moving, estimated completion date, and any other significant work which may
require inspection or coordination with city departments.
115.2 Dust and Debris. During demolition operations, all material removed shall be
wet sufficiently or otherwise handled to control the dust incidental to removal.
All adjacent streets, alleys and other public ways and places shall be kept free and
clear of all rubbish, refuse and loose material resulting from the moving, demolition or
demolition removal operations, except as allowed by temporary encroachment permits
approved by the public works director.
1153 Firesafety During Demolition. Fire protection and exit safety shall be maintained
as required by the Fire Code.
SECTION 116 -- REMOVAL OF MATERIALS
116.1 General. All building rubble and debris shall be removed from the demolition
site to an approved point of disposal.
116.2 Foundations. All foundations, concrete slabs and/or building substructures shall
be removed to the satisfaction of the building official.
EXCEPTION: Foundations, concrete slabs on grade and building substructures
may remain if the site is fenced to the satisfaction of the building official.
116.3 Completion. Upon completion of the removal of a building or structure by either
demolition or moving, the ground shall be left in a smooth condition free of demolition
debris. Holes in the ground, basements or cellars, shall be filled to existing grade.
EXCEPTION: The filling of such excavation may not be required when a
building permit has been issued for a new building on the site and the
construction thereof is to start within sixty days after the completion of demolition
or moving operations and the permittee provides a temporary barricade protecting
the excavation on all sides to the satisfaction of the building official.
Ordinance No. 1306 (1996 Series) g
Page 8
SECTION 4. A synopsis of this ordinance, approved by the City Attorney,
together with the names of council members voting for and against, shall be published once
in full, at least (5) days prior to its final passage, in the Telegram-Tribune, a newspaper
published and circulated in this city. This ordinance shall go into effect at the expiration
of thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the day of , 1996, on motion of
seconded by , and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Allen K. Settle
ATTEST:
City Clerk
APPROVED AS TO FORM:
Gird; C..(.c
0 Ciiy Attorney
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1►,.OING AGENDA
DATE -_ 57:44-L ITEM #
MEMORANDUM
TO: Mayor and City Council
VIA: John Dunn, City Administrative Officer
FROM: Arnold Jonas, Community Development Director
DATE: September 3, 1996
SUBJECT: Demolition Ordinance Changes
Tonight's agenda contains a consent second reading item for Ordinance No. 1306, a revision of
the city's building demolition and moving regulations. The ordinance language as included in the
Council agenda packet for tonight includes the revisions as directed by Council at your hearing on
August 20. However, as subsequently noted by Councilman Romero, an additional change needs
to be made to assure internal consistency with change"1." as written in the staff report.
That additional change is to Section 114.3.3, the exception provision, as shown highlighted on the
attached sheet. Striking out "buildings" and adding"structures" will make this section consistent
with Exception 2. in the preceding section, which had been changed at Council direction.
With this additional correction the Ordinance is ready for final adoption.
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Ordinance No. 1306 (1996 Series)
Page 4
pursuant to Section 114.4 of this chapter and Section 2.48 of the Municipal
Code. The owner shall secure the building to prevent further degradation, if
necessary, to the satisfaction of the building official.
2. Demolition of Structure Not Designated Historical. For any structure
constructed 50 years or more prior to the date of application for a demolition permit
and not located on a property listed on the Inventory of Historical Resources, the
building official shall, as a condition of permit issuance, require that the applicant
provide the following:
1. Evidence that, for a period of not less than 90 days from date of permit
application, the building was advertised in a local newspaper on at least three
separate occasions not less than 15 days apart, as available to any interested
person to be moved; and
2. Photographic documentation of the structure in accordance with criteria
established by the community development director and the CHC.
EXCEPTION: 1. A building or structure determined by the building official
to be a dangerous building as defined in the Uniform Code for the Abatement of
Dangerous Buildings which poses an imminent, serious threat to the health,
safety or welfare of community residents or people living or working on or near
the site, and for which photographic documentation acceptable to the
community development director has been submitted.
2. Accessory buildings, sheds, garages and similar structures.
Upon receipt of the permit application, the building official shall notify the
chairman of the CHC of the proposed demolition project.
3. Moving to New Site. For any structure constructed 50 years or more prior to the
date of application for a permit to move a structure to a new site, the building official
shall direct the applicant to submit an application for ARC review pursuant to Section
114.4 of this chapter and Section 2.48 of the Municipal Code.
EXCEPTION: Accessory buildings, sheds, garages and similar buildings
stctures.
114.4 Approval Process for Demolition or Moving of Structures on Historic Properties.
114.4.1 General. ARC review shall be required for the demolition or moving of a structure
when determined necessary by Section 114.3 of this chapter. The application for ARC review