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HomeMy WebLinkAbout1306Attachment 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 Chapter 15.36 of the San Luis Obispo Municipal Code is hereby repealed.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 dem- olition 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 development in the area to 0 ,1 -16G Ordinance No. 1306 (1996 Series) Page 2 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, architectural or aesthetic significance to the community, it shall direct the applicant to submit plans for Architectural Review Commission (ARC) review 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 structures. 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 shall include architectural plans, including plans for a replacement structure or structures in the Ordinance No. 1306 (1996 Series) 5 Page 5 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 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 Ordinance No. 1306 (1996 Series) 6 Page 6 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 SECTION 115 -- PUBLIC SAFETY REQUIREMENTS Ordinance No. 1306 (1996 Series) Page 7 115.1 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. 7 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. 115.3 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. SECTION 4. A synopsis of this ordinance, approved by the City Attorney, together Ordinance No. 1306 (1996 Series) Page 8 N. 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 20th day of August? , 1996, on motion of Council Member Smith ,seconded by Council Member Roalman and on the following roll call vote: AYES: Council Members Smith, Roalman, Romero and Mayor Settle NOES: Council Member Williams ABSENT' None Mayor Allen K. Settle ATTEST: *CKBo;Wity Clee L. wf APPROVED AS TO FORM: Ordinance No. 1306 (1996 Series) FINALLY PASSED this 3rd day of September, 1996, on motion of Council Member Roalman, seconded by Council Member Smith, and on the following roll call vote: AYES: Council Members Roalman, Smith and Mayor Settle NOES: Council Members Romero and Williams ABSENT: None Mayor Allen K. Settle ATTEST: ��%� ..� U� �;�% �, , ��