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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_� j ac,Enoa nEpont °�°N� C2 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: c�-a i � v 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; ca -,4 Ordinance No. 1400 (2001 Series) Page 4 Mayor Allen Settle ATTEST: Lee Price, City Clerk APP VED AS TO FORM- Atto effrey G. Jorgensen