HomeMy WebLinkAbout09/18/2001, C2 - FINAL PASSAGE OF ORDINANCE NO. 1400 (2001 SERIES), AMENDING THE BUILDING DEMOLITION AND RELOCATION council M`A`D"`9-/S_�
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C ITY OF SAN LU I S O B I S P O
FROM: John Mandeville, Community Development Direct 1-14
Prepared By: Michael Codron, Associate Planner I�
SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1400 (2001 SERIES),
AMENDING THE BUILDING DEMOLITION AND RELOCATION
CODE.
CAO RECOMMENDATION
Grant final passage to Ordinance No. 1400.
DISCUSSION
On September 4, 2001, the City Council voted 5 to 0 to introduce Ordinance No. 1400 to
print, amending the Building Demolition and Relocation Code. Ordinance No. 1400 is
now ready for final passage. The amended regulations will become effective 30 days after
its final passage.
Final passage of Ordinance No. 1400 (2001 Series) will amend the City's Building
Demolition and Relocation Code by eliminating Section 114.4, which provides an
approval process for demolition or moving of structures on historic properties. The
section is being eliminated because the code provisions are not consistent with the
California Environmental Quality Act (CEQA), as detailed in the White Paper Response..
The ordinance amendment will also provide a discretionary review procedure that will
give the Community Development Department an opportunity to evaluate demolition and
relocation requests to insure that potentially historic resources are not impacted.
Attached: Ordinance No.1400
Mcodron/counciVORD 1400(report)
ORDINANCE NO. 1400(2001 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING SECTION 114.3 AND
DELETING SECTION 114.4 OF APPENDIX CHAPTER I OF
THE 1998 CALIFORNIA STANDARDS CODE (MUNICIPAL
CODE CHAPTER 15.04,CONSTRUCTION REGULATIONS) AS
ADOPTED BY THE CITY OF SAN LUIS OBISPO
WHEREAS, the Cultural Heritage Committee conducted a public hearing on July 23,
2001, and has recommended approval of amendments to the Building Demolition and Relocation
Code in order to fiuther implement the goals of the City's Historical Preservation Program; and
WHEREAS, the City Council conducted a public hearing on September 4, 2001, and has
considered testimony of interested parties, the records of the Cultural Heritage Committee
hearings and actions, and the evaluation and recommendation of staff-, and
WHEREAS, the City Council finds that the proposed amendment is consistent with the
General Plan, the Historical Preservation Program Guidelines, and applicable City ordinances;
and
WHEREAS, the City Council finds that the project is categorically exempt from the
California Environmental Quality Act because the code is being revised in order to protect the
environment, which includes historic resources (CEQA Guidelines Section 15308; Actions by
Regulatory Agencies for Protection of the Environment).
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
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Ordinance No. 1400 (2001 Series)
Page 2
SECTION 1. Section 114.3 of Appendix Chapter I contained in Section 15.04.020 of the
San Luis Obispo Municipal Code is hereby amended to read as follows:
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, prior to permit issuance,process the application subject to the following:
1. Demolition or Relocation of Historical Resource. An application for Architectural Review is
required for demolition or relocation of any structure located on a property listed in the Inventory
of Historical Resources. The application shall include plans for replacement structures, to the
discretion of the Community Development Director.
2. Demolition or Relocation of Structure Not Designated Historical. For any structure that is not
located on a property listed in the City's Inventory of Historical Resources and is over 50 years
old,the building official may issue the permit if
1. The applicant provides 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. The applicant submits historic documentation for the structure in accordance with the
criteria established by the Community Development Director and the CHC; and
3. The Community Development Director determines that the structure or structures
proposed for demolition are not potential historic resources.
EXCEPTIONS:
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 unless determined
to be potential historic resources by the Community Development Director.
Ordinance No. 1400 (2001 Series)
Page 3
3. If under section 114.3.2, the Community Development Director determines that the
structure or structures proposed for demolition or relocation are potentially historic
resources then the applicant shall submit an application for Architectural Review
pursuant to subsection 114.3.1.
SECTION 2. Section 114.4 entitled "Approval Process for Demolition or Moving of
Structures on Historic Properties," Section 114.4,1 entitled "General," and Section 114.4.2
entitled"Findings Required"are hereby repealed in their entirety.
SECTION 3. If any provision of this Ordinance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have
passed each and every remaining provision irrespective of such holding in order to accomplish the
intent of this ordinance.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against; shall be published at least five (5) days prior to its final passage,
in the 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 on the day of , 2001, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of ,
2001, on the following roll call vote:
AYES:
NOES:
ABSENT;
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Ordinance No. 1400 (2001 Series)
Page 4
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APP VED AS TO FORM-
Atto effrey G. Jorgensen