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HomeMy WebLinkAboutStaff Report 5.A 08/07/2017DATE: August 7, 2018 Agenda Item #5.A TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Resolution modifying regulations and procedures for review of demolition of historic structures. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution modifying regulations and procedures for review of demolition of historic structures. BACKGROUND On May 23, 2017 the Historic and Cultural Preservation Committee (HCPC) considered modification to the City's existing demolition resolution (Attachment 4). Proposed changes included targeted modifications to the originally approved City Council Resolution No. 2005- 198 N.C.S. (Attachment 3) to respond to concerns expressed both by staff in implementing the resolution and by applicants in complying with the resolution. Proposed changes included the following: Modified definition of demolition to include the addition of a second story; Modified construction date threshold to include all structures more than 45 years old as opposed to the current threshold of construction in 1945 or earlier; and Creation of a tiered review process to allow the Planning Manager to delegate the discretionary review to administrative Site Plan and Architectural Review on a case by case basis as opposed to the current requirement for HCPC review as a Major SPAR application. After discussion, the HCPC continued the item to a date certain of June 27, 2017. In continuing the item, the HCPC voiced general support for the revisions and asked staff to draft additional changes to address the following: • Create a three -tier review process, including building permit review, administrative review, and HCPC review with applicable processing costs • Revise definition of demolition to qualify second story additions as a threshold • Clarify the use of the term "industry standard" within the recitals of the resolution •. Apply the construction threshold of 45 years or older to ancillary structures. On June 27, 2017 the HCPC considered a revised resolution including the items outlined above u (Attachment 5). After consideration and discussion the HCPC unanimously approved Resolution No. 2017 -02 (Attachment 2) recommending the City Council approve the modified regulations and procedures for review of demolition of historic structures with one substantive modification to exclude barns from the exemption for ancillary structures. DISCUSSION The resolution before the City Council for consideration incorporates all the modifications requested by the HCPC at both the May 23, 2017 and June 27, 2017 meetings. If approved by the City Council the new resolution would supersede the existing demolition resolution from 2005 and includes significant changes to the existing policy as follows: • The resolution applies to buildings built more than 45 years ago instead of built in 1945 or earlier • The definition of demolition has been expanded to include the ability to consider incompatible second story additions demolition when they are designed without sensitivity to the significance of the existing historic structure or when determined to threaten the ability for the resource to convey its significant • The existing exemption for ancillary structures has been modified to apply to all ancillary structures more than 45 years old but exclude barns from being considered an ancillary structure for the purpose of this exemption • Creation of a three -tier review process, including building permit review, Administrative SPAR, and Major SPAR, to be determined on a case by case basis at the discretion of the Planning Manager and based on the specifics of the building and its unique circumstances. As more fully outlined in the HCPC staff reports (Attachments 4 and 5), the proposed modification to the City's existing demolition resolution maintains the original intent to limit the incremental loss of the City's historic building stock and is consistent with General Plan Goal 3- G-1, Policy 3 -P -1, and Program 3- P -1 -H. The proposed modifications to Resolution No. 2005 -198 N.C.S. have been reviewed in compliance with the California Environmental Quality Act and are considered exempt pursuant to CEQA Guideline Section 15308 (Actions by Regulatory Agencies for Protection of the Environment). FINANCIAL IMPACTS There are no financial impacts to the City regarding the proposed modification to Resolution No. 2005 -198 N.C.S. beyond the staff time to process this agenda report. The three tiers of review outlined in the revised resolution all track with existing funding sources through applicant fees or cost recovery agreements. N ATTACHMENTS 1. Draft Resolution 2. City Council Resolution No. 2005 -198 N.C.S. 3. HCPC Resolution No. 2017 -02 4. HCPC Staff Report, May 23, 2017 5. HCPC Staff Report, June 27, 2017 I ATTACHMENT 1 RESOLUTION OF THE CITY COUNCIL OF PETALUMA APPROVING MODIFICATIONS TO CITY COUNCIL RESOLUTION NO. 2005-198 N.C.S. ASSOCIATED WITH REGULATIONS AND PROCEDURES FOR REVIEW OF DEMOLITION OF HISTORIC BUILDINGS WHEREAS, in 2005 the City Council approved Resolution No. 2005 -198 N.C.S. requiring Historic and Cultural Preservation Committee review of proposed demolition of any structure built in 1945 or earlier to address concern over the incremental loss of historic building stock; and, WHEREAS, proposed modifications to definitions and review procedures herein replace Resolution No. 2005 -198 N.C.S. but maintain the intent and purpose as outlined in the original resolution; and, WHEREAS, proposed modifications herein update the construction threshold to capture all buildings 45 years or older, consistent with General Plan policy and in order to align with historic preservation industry standards for consideration of historic significance; and, WHEREAS, revised procedures of review herein maintain the City's desired oversight of the demolition process in order to minimize the incremental loss of historic building stock while, at the same time, offering streamlined review process for demolition requests; and, WHEREAS, these modification to Resolution No. 2005 -198 N.C.S. have been reviewed for compliance with the California Environmental Quality Act and are considered categorically exempt pursuant to California Environmental Quality Act Guideline Section 15308 (Actions by Regulatory Agencies for Protection of the Environment); and, WHEREAS, On May 23, 2017 and June 27, 2017 the Historic and Cultural Preservation Committee considered the proposed modifications to Resolution No. 2005- 19 8 N.C.S. at a duly noticed public hearing; and, WHEREAS, At their June 27, 2017 meeting the Historic and Cultural Preservation Committee approved Resolution No. 2017 -02 recommending the City Council adopt the modifications to regulations and procedures for review of demolition of historic buildings; and, WHEREAS, On August 7, 2017 the City Council consider the recommended modifications to Resolution No. 2005 -198 N.C.S. at a duly noticed public hearing; and, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves modifications to the policy and associated procedures relating to proposed demolition of structures built more than 45 years ago. Specifically, the City Council directs as follows: 1. All requests* for demolition of structures built more than 45 years ago shall require discretionary review and approval prior to the issuance of an associated building permit. 2. Demolition means the removal of 50% or more of the exterior walls of a building or structure. Demolition may also include the addition of a second story if not appropriately designed and differentiated from the original structure to convey its history as determined by the Planning Manager. Demolition also includes the relocation of a building from one parcel of land to another or the raising of an existing structure beyond what is required for construction of a new foundation. The removal and replacement in kind of deteriorated, non - repairable material required for the restoration or rehabilitation of a building which results in no change to its exterior appearance or character is not considered a demolition. The initial determination of whether a project meets the above description of demolition shall be made by the Planning Manager or their designee. Any dispute over whether a project meets this definition will be mediated by the Historic and Cultural Preservation Commission. 3. For proposed demolitions that are part of a larger project submittal that requires other entitlements from the City Council or Planning Commission, a determination regarding the proposed demolition shall be made in advance of any other entitlements being scheduled for review. 4. Application for demolition of a building built more than 45 years ago must be made -in one of the following ways: Building Permit. Application for demolition that includes adequate evidence that the building proposed for demolition is not historically significant may be approved with a building permit at the discretion of the Planning Manager. The applicant shall submit the required planning plan check fee, as well as any applicable building permit fees, as established by the most current City Council approved fee schedule. Administrative Site Plan and Architectural Review. Applications for demolition that may benefit from public notice due to community interest or location or involve a building that may have historic significance but may have lost its integrity may be approved through Administrative SPAR at the discretion of the Planning Manager. The applicant shall submit the required application and materials for Administrative SPAR, including applicable fee as established by the most current City Council approved fee schedule. Major SPAR. Applications for demolition that involve a building that may be considered historically significant, have architectural or visual features important to Petaluma, located in a designated Historic District, or be a 1'2 designated Local Landmark shall be at the discretion of the Historic and Cultural Preservation Committee and processed as a Major SPAR. The applicant shall submit the required application and materials for Major SPAR, including applicable fee as established by the most current City Council approved fee schedule. • The Planning Manager maintains discretion to require the level of review for all demolition applications involving buildings built more than 45 years ago based on the specifics of the application, as appropriate to maintain the intent of the demolition resolution, and to minimize the incremental loss of the city's historic building stock. 5. All applications for demolition shall include appropriate documentation to verify the date of construction and evaluation of historic significance for the applicable structure. Application may be required to include the following: application form, cost recovery form, application processing fees, historic and/or structural evaluations of subject building(s), complete site plans, floor plans and elevations of subject building and its environs, current title report and/or other appropriate documentation regarding the age of the subject building. The City reserves the right to peer review any or all of the submitted materials at the applicant's expense. 6. The City shall recover the full cost of time expended and materials used to process the application for demolition through the established cost recovery program when an Administrative SPAR or Major SPAR is required as outlined above. 7. Requests for demolition will be subject to the applicable provisions of the California Environmental Quality Act (CEQA). The applicable provisions in Chapter 15 of the Implementing Zoning Ordinance (Preservation of the Cultural and Historic Environment) and Section 7 of the SMART Code (Historic Resource Conservation) also remain in effect. 8. At least ten days prior to a decision by the Planning Manager (Administrative SPAR) or a public hearing by the Historic and Cultural Preservation Committee (Major SPAR) on a demolition request, a notice shall be published in the locally designated newspaper and mailed to all property owners within 500 feet of the subject site. If necessary, the notice period will be extended as required by CEQA. 9. Prior to approval of demolition of a building more than 45 years old, regardless of its formal designation on a local, state, or federal register, the following findings must be made to support the request: a. The building is not listed or eligible for listing as a significant national, state or local historic resource. b. The building does not represent or convey important architectural, visual or cultural features that are important in preserving the character of an existing neighborhood. 1-3 If both of the above referenced findings cannot be made, the request for demolition shall be denied. 10. Final decision on the demolition request may be appealed in accordance with Implementing Zoning Ordinance Section 24.070. *Ancillary structures such as garages, sheds and other small outbuildings, but not including barns, more than 45 years old, existing on lots developed with single family uses shall be exempt from this policy and procedure. Planning Division staff will continue to process demolition requests for these types of structures administratively. The City reserves the right to forward any proposed demolitions to the Cultural and Historic Preservation Committee as stipulated in Chapter 15 of the Implementing Zoning Ordinance (Preservation of the Cultural and Historic Environment) and Section 7 of the SMART Code (Historic Resource Conservation). The appropriate provisions of the California Environmental Quality Act (CEQA) apply to these administrative procedures. 1-9 ATTACHMENT 2 Resolution No. 2005 -198 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL. OF PETALUMA ESTABLISHING A POLICY AND ASSOCIATED PROCEDURES REQUIRING ALL REQUESTS FOR DEMOLITION OF STRUCTURES BUILT IN 1945 OR EARLIER TO BE SUBJECT TO THE REVIEW AND APPROVAL OF THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE WHEREAS, the City Council recently expressed concern over the incremental loss of building stock dating from 1945 and earlier; and, WHEREAS, the City Council, while acknowledging that the potential impacts, including demolition, - to historic resources are addressed as part of the environmental review for a project as required by the California Environmental Quality Act (CEQA), sought to provide additional protection for structures built in 1945 or earlier that may or may not be technically identified as historic resources; and, WHEREAS, on October 17, 2005, after deliberation, the City Council directed staff to prepare a resolution containing a policy and procedure that will serve to further protect buildings constructed in 1945 or earlier from demolition and require review and approval by the Historic and Cultural Preservation Committee. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establishes a policy and associated procedures relating to the proposed demolition of any structure built in 1945 or earlier. Specifically, the Council directs as follows: 1. All requests* for demolition of structures built in 1945 or earlier will be forwarded to the Historic and Cultural Preservation Committee for review and approval. In the absence of an existing written definition of "demolition," the Council establishes the following as the official City definition to implement this policy: Demolition means the removal of 50% or more of the exterior walls of a building or structure. Demolition includes the relocation of a building from one parcel of land to another and also includes the raising of an existing structure beyond what is required for a new foundation. The removal and replacement in kind of deteriorated, non repairable material required for the restoration or rehabilitation of a building which results in no change to its exterior appearance or character is not considered a demolition. The initial determination of whether a project meets the above definition will be made by the Community Development Director or his or her designee. Any dispute over whether a project meets this definition will be mediated by the Historic and Cultural Preservation Commission. Z-1 Resolution No. 2005 -198 N.C.S. Page I 2. For proposed demolitions that are part of a larger project submittal that may require other entitlements from the City Council, Planning Commission or Site Plan and Architectural Review Committee ( SPARC), the final determination regarding the proposed demolition will be made in advance of any other entitlements being scheduled for review. 3. Applications for demolition requests will be made with the Community Development Department. The application will include but not be limited to the following: application form, cost recovery form, application processing fees, historic and/or structural evaluations of subject building(s), complete site plans, floor plans and elevations of subject building and its environs, current title report and/or other appropriate documentation regarding the age of the subject building. The City reserves the right to peer review any or all of the submitted materials at the applicant's expense. 4. The City will recover the full cost of time expended and materials used to process the application for demolition. The applicable fee will be that for a Major SPARC submittal as established by the most current City Council approved fee schedule. Requests for demolition will be subject to the applicable provisions of the California Environmental Quality Act (CEQA). The- applicable provisions in Article 17 of the Zoning Ordinance (Preservation of the Cultural and Historic Environment) and Section 7 of the SMART Code (Historic Resource Conservation) also remain in effect. 6. At least ten days prior to a public hearing by the Historic and Cultural Preservation Committee on a demolition request, a notice shall be published in the locally designated newspaper and mailed to all property owners within 500 feet of the subject site. If necessary, the notice period will be extended as required by CEQA. 7. The Historic and Cultural Preservation Committee will be required to make the following findings in order to support a request for demolition: a) The building is not a significant national, state or local historic resource. b) The building does not represent or convey important architectural, visual or cultural features that are important in preserving the character of an existing neighborhood. If both of the above referenced findings cannot be made, the request for demolition will be denied. 8. The decision of the Historic and Cultural Preservation Committee may be appealed to the City Council within 14 calendar days. If no appeal is filled within that time period, the decision will be final. *Ancillary structures such as garages, sheds and other small outbuildings, built between 1920 and 1945, existing on lots developed with single family uses shall be exempt from Resolution No. 2005 -198 N.C.S. Page 2 this policy and procedure. Community Development Department staff will continue to process demolition request for these types of structures administratively. The City reserves the right to forward any proposed demolitions to the Cultural and Historic Preservation Committee as stipulated in Article 17 of the Zoning Ordinance (Preservation of the Cultural and Historic Environment) and Section 7 of the SMART Code (Historic Resource Conservation). The appropriate provisions of the California Environmental Quality Act. (CEQA) apply to these administrative procedures. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting 'on the 21" day of November, form: 2005, by the following vote: 'IM City Attorney AYES: Canevaro, Mayor Glass, Healy, Nau , Torliatt NOES: None ABSENT: Vice Mayor Harris, O'Brien ABSTAIN: None a ATTEST: City Clerk Mayor '3 Resolution No. 2005 -198 N.C.S. Page 3 ATTACHMENT 3 CITY OF PETALUMA HISTORIC AND CULTURAL PRESERVATION COMMITTEE RECOMMENDING TO THE CITY COUNCIL MODIFICATIONS TO CITY COUNCIL RESOLUTION NO. 2005-198 N.C.S. ASSOCIATED WITH REGULATIONS AND PROCEDURES FOR REVIEW OF DEMOLITION OF HISTORIC BUILDINGS WHEREAS, in 2005 the City Council approved Resolution No. 2005 -198 N.C.S. requiring Historic and Cultural Preservation Committee review of proposed demolition of any structure built in 1945 or earlier to address concern over the incremental loss of historic building stock; and, WHEREAS, proposed modifications to definitions and review procedures herein replace Resolution No. 2005 -198 N.C.S. but maintain the intent and purpose as outlined in the original resolution; and, WHEREAS, proposed modifications herein update the construction threshold to capture all buildings 45 years or older, consistent with General Plan policy and in order to align with historic preservation industry standards for consideration of historic significance; and, WHEREAS, revised procedures of review herein maintain the City's desired oversight of the demolition process in order to minimize the incremental loss of historic building stock while, at the same time, offering streamlined review process for demolition requests; and, WHEREAS, these modification to the Resolution No. 2005 -198 N.C.S. have been reviewed for compliance with the California Environmental Quality Act and are considered categorically exempt pursuant to California Environmental Quality Act Guideline Section 15308 (Actions by Regulatory Agencies for Protection of the Environment); WHEREAS, On May 23, 2017 and June 27, 2017 the Historic and Cultural Preservation Committee considered the proposed modifications to Resolution No. 2005 -198 N.C.S. at a duly noticed public hearing. NOW, THEREFORE, BE IT RESOLVED that the Historic and Cultural Preservation Committee hereby recommends that the City Council approve modifications to the policy and associated procedures relating to proposed demolition of structures built more than 45 years ago. Specifically, the Historic and Cultural Preservation Committee recommends, as follows: 1. All requests* for demolition of structures built more than 45 years ago shall require discretionary review and approval prior to the issuance of an associated building permit. 2. Demolition means the removal of 50% or more of the exterior walls of a building or structure. Demolition may also include the addition of a second story if not appropriately designed and differentiated from the original structure to convey its history as determined by the Planning Manager. Demolition also includes the relocation of a building from one parcel of land to another or the raising of an existing structure beyond what is required for construction of a new foundation. The removal and replacement in kind of deteriorated, non - repairable material required for the restoration or rehabilitation of a building which results in no change to its exterior appearance or character is not considered a demolition. 3_- Historic & Cultural Preservation Committee Resolution No. 2017 -02 Page 1 The initial determination of whether a project meets the above description of demolition shall be made by the Planning Manager or their designee. Any dispute over whether a project meets this definition will be mediated by the Historic and Cultural Preservation Commission. 3. For proposed demolitions that are part of a larger project submittal that requires other entitlements from the City Council or Planning Commission, a determination regarding the proposed demolition shall be made in advance of any other entitlements being scheduled for review. 4. Application for demolition of a building built more than 45 years ago must be made in one of the following ways: • Building Permit. Application for demolition that includes adequate evidence that the building proposed for demolition is not historically significant may be approved with a building permit at the discretion of the Planning.Manager. The applicant shall submit the required planning plan check fee as well as any applicable building permit fees as established by the most current City Council approved fee schedule. Administrative Site Plan and Architectural Review. Applications for demolition that may benefit from public notice due to community interest or location or involve a building that may have historic significance but may have lost its integrity may be approved through Administrative SPAR at the discretion of the Planning Manager: The applicant shall submit the required application and materials for Administrative SPAR, including applicable fee as established by the most current City Council approved fee schedule. Major SPAR. Applications for demolition that involve a building that may be considered historically significant, have architectural or visual features important to Petaluma, located in a designated Historic District, or be a designated a Local Landmark shall be at the discretion of the Historic and Cultural Preservation Committee and processed as a Major SPAR. The applicant shall submit the required application and materials for Major SPAR, including applicable fee as established by the most current City Council approved fee schedule. • The Planning Manager maintains discretion to require the level of review for all demolition applications involving buildings built more than 45 years ago based on the specifics of the application, as appropriate to maintain the intent of the demolition resolution, and to minimize the incremental loss of the city's historic building stock. All applications for demolition shall include appropriate documentation to verify the date of construction and evaluation of historic significance for the applicable structure. Application may be required to include the following: application form, cost recovery form, application processing fees, historic and /or structural evaluations of subject building(s), complete site plans, floor plans and elevations of subject building and its environs, current title report and /or other appropriate documentation regarding the age of the subject building. The City reserves the right to peer review any or all of the submitted materials at the applicant's expense. The City shall recover the full cost of time expended and materials used to process the application for demolition through the established cost recovery program when an Administrative SPAR or Major SPAR is required as outlined above. 7. Requests for demolition will be subject to the applicable provisions of the California Environmental Quality Act (CEQA). The applicable provisions in Chapter 15 of the Implementing Zoning Ordinance (Preservation of the Cultural and Historic Environment) and Historic & Cultural Preservation Committee Resolution No. 2017 -02 Page 2 Section 7 of the SMART Code (Historic Resource Conservation) also remain in effect. 8. At least ten days prior to a decision by the Planning Manager (Administrative SPAR) or a public hearing by the Historic and Cultural Preservation Committee (Major SPAR) on a demolition request, a notice shall be published in the locally designated newspaper and mailed to all property owners within 500 feet of the subject site. If necessary, the notice period will be extended as required by CEQA. 9. Prior to approval of demolition of a building more than 45 years old, regardless of its formal designation on a local, state, or federal register, the following findings must be made to support the request: a. The building is not listed or eligible for listing as a significant national, state or local historic resource. b. The building does not represent or convey important architectural, visual or cultural features that are important in preserving the character of an existing neighborhood. If both of the above referenced findings cannot be made, the request for demolition shall be denied. 10. Final decision on the demolition request may be appealed in accordance with Implementing Zoning Ordinance Section 24.070. *Ancillary structures such as garages, sheds and other small outbuildings, but not including barns, more than 45 years old, existing on lots developed with single family uses shall be exempt from this policy and procedure. Planning Division staff will continue to process demolition requests for these types of structures administratively. The City reserves the right to forward any proposed demolitions to the Cultural and Historic Preservation Committee as stipulated in Chapter 15 of the Implementing Zoning Ordinance (Preservation of the Cultural and Historic Environment) and Section 7 of the SMART Code (Historic Resource Conservation). The appropriate provisions of the California Environmental Quality Act (CEQA) apply to these administrative procedures. Historic & Cultural Preservation Committee Resolution No. 2017 -02 Page 3 ADOPTED this 271h day of June, 2017, by the following vote: Commission Member Aye No Absent Abstain Councilmember Albertson X Benedetti - Petnic X Chair Gomez X Lin X Vice Chair Marzo X Pierre X Wolpert X Schlich X Perlis X ATTEST: Diana Gomez, Chair APPROVED AS TO FORM: Heather Hines, Commission Secretary Lisa Tennenbaum, Assistant City Attorney 3— l Historic & Cultural Preservation Committee Resolution No. 2017 -02 Page 4 LZ` DATE: TO: FROM: SUBJECT: ATTACHMENT 4 May 23, 2017 Historic and Cultural Preservation Committee Heather Hines, Planning Manager Modifications to City Council Resolution No. 2005 -198 N.C.S. regarding Demolition of Historic Buildings RECOMMENDATION It is recommended that the Historic and Cultural Preservation Committee approve a resolution recommending the City Council approve a resolution modifying regulations and procedures for review of demolition of historic structures (Attachment A). BACKGROUND In 2005 the City Council approved Resolution No. 2005 -198 N.C.S. (Attachment B) requiring Historic and Cultural Preservation Committee review of proposed demolition of any structure built in 1945 or earlier. The stated purpose of the resolution was to address concern over the incremental loss of historic building stock. The resolution supplements existing requirements for discretionary review of demolition requests within designated historic districts and on designated landmark properties. In 2008 the City of Petaluma adopted General Plan 2025, including Chapter 3 that specifically outlines goals and policies focused on historic preservation of the city's resources. Program 3 -P- 1 -H specifically addresses minimizing the loss of designated and eligible resources and references Resolution No. 2005 -198. as an important tool in preserving eligible historic resources. Additionally, this program references reconsideration of "defining structures /resources 45 years or older as the standard for review to be consistent with the State of California, CEQA, and the National Register criteria". Subsequent to the adoption of the General Plan, the City Council adopted the Implementing Zoning Ordinance which includes aspects of Resolution. No. 2005 -198. However, the City Council resolution was not superseded with adoption of the IZO. Therefore, both current requirements as outlined in the IZO and requirements included in Resolution No. 2005 -198 apply to all demolition requests. There have not been any modifications or revisions to the demolition resolution (Resolution No. 2005 -198) since initial adoption in 2005. 2t-I DISCUSSION As touched on in Resolution No. 2005 -198, creation of the review process for demolition applications for structures constructed in 1945 or earlier was meant to ensure that the city did not see the incremental loss of historic building stock due to the absence of a formal local historic designation. Prior to adoption of Resolution 2005 -198, an application for demolition of a single - family home outside of a formally designated historic district or on a designated landmark property required only a building permit without consideration of potential historic significance. Upon approval of the demolition resolution all applications for demolition receive additional review to determine the original age of construction and if determined built in 1945 or prior then a formal discretionary review is required to determine whether the building is historically significant or represents important features to preserving the character of an existing Petaluma neighborhood. Section 15.060 of the Implementing Zoning Ordinance takes a somewhat less specific approach to the review of demolition permits. More specifically, language in the IZO does not specifically reference a date of construction as a threshold for review and allows for Director determination of potential significance and referral to the Historic and Cultural Preservation Committee. Because the adoption of the IZO in 2008 did not explicitly repeal the 2005 demolition resolution staff has defaulted to the more restrictive demolition resolution mandating HCPC review for all demolition requests involving structures built in 1945 or earlier. With the separate HCPC being established this year and formal appointments occurring in July, it is anticipated that a more robust revision to IZO Chapter 15 will occur in the near future. At that time the demolition resolution will be repealed and fully incorporated into the IZO. However, there have been a few instances that have highlighted loop holes in the demolition resolution in addition to frustration in process requirements expressed by applicants. The revised resolution is before the HCPC for consideration and recommendation in an effort to maintain the intent of the Council's original adoption of Resolution No. 2005 -198 while responding to current issues that have arisen in implementing the requirements of the demolition resolution. The substantive modifications proposed in Attachment A include: 1. Demolition Definition A modified definition of demolition is proposed to include the addition of a second story on an existing structure. While the current definition in the demolition resolution speaks to the removal of 50% of exterior walls and raising an existing building, several applications have been submitted that avoid triggering the demolition review process by leaving remaining walls and adding an additional story. The addition of a second story significantly changes the exterior appearance of a historic structure and often eliminates the visual conveyance of the original structure. In cases where the existing building may have historical significance this type of change can threaten that significance and add to the incremental loss of the city's historic building stock. As proposed in Attachment A, the definition of demolition is expanded to include not only the raising of a building but also the addition of an additional story. V —2— 2. Construction Date Threshold The existing demolition resolution uses a threshold construction date of 1945 to trigger review of potentially historic structures. As proposed in Attachment A, the threshold date is replaced with a standard applying to buildings that are 45 years or older. This standard is consistent with preservation practice for consideration of historical significance. Additionally, this proposed modification implements General Plan program 3 -P -1 -H that urges reconsideration of the standard of review to be consistent with state and national standards. 3. Tiered Review Process The existing demolition resolution requires HCPC review for all demolition requests involving structures constructed in 1945 and earlier. The current IZO language provides for Director discretion to determine potential for historic significance and then refer the item to the HCPC. Proposed amendments take a hybrid approach that maintain the requirement for discretionary review for demolition requests triggered by the parameters of the resolution but provide the ability for the Planning Manager to delegate the discretionary review to administrative Site Plan and Architectural Review on a case by case basis. Such delegation would be based on a determination from information in the record that the structure is not historically significant or has lost integrity to such a degree that the structure no longer conveys its previous significance or important architectural or visual features important to Petaluma. GENERAL PLAN CONSISTENCY The proposed modifications to the city's existing demolition resolution (Resolution No. 2005- 198) maintains the original intent and is consistent with the following goals and policies of the City of Petaluma's General Plan Goal 3-G-1: Ensure that future plans, ordinances, and City programs are complimentary to the historic preservation goals and policies contained within this plan. Policy 3 -P -1: Protect historic and archaeological resources for the aesthetic, cultural, educational, environmental, economic, and scientific contribution they make to maintaining and enhancing Petaluma's character, identity and quality of life. Program 3- P -1 -11: The loss of designated and eligible historic resources shall be minimized through strict enforcement of City policies requiring proposed demolition to be reviewed by the Historic and Cultural Preservation Committee. All means shall be used to encourage preservation of eligible historic resources (Resolution 200 -198 N.C.S. as thereafter amended. • Reconsider defining structures /resources 45 years or older as the standard for review to be consistent with the State of California, CEQA, and the National Register criteria. ti-3 ENVIRONMENTAL REVIEW The proposed modifications to Resolution No. 2005 -198 N.C.S. has been reviewed in compliance with the California Environmental Quality Act and are considered categorically exempt pursuant to California Environmental Quality Act Guideline Section 15308 (Actions by Regulatory Agencies for Protection of the Environment). PUBLIC COMMENT Public notice was published in an eighth page ad in the Argus Courier on May 11, 2017. No specific public comment has been received in response to this public notice as of preparation of this report. ATTACHMENTS A. Draft Resolution Recommending City Council approve modifications B. City Council Resolution No. 2005 -198 "/ °/� 4 ATTACHMENT 5 DATE: June 25, 2017 AGENDA ITEM NO. 7A TO: Historic and Cultural Preservation Committee FROM: Heather Hines, Planning Manager SUBJECT: Modifications to City Council Resolution No. 2005 -198 N.C.S. regarding Demolition of Historic Buildings RECOMMENDATION It is recommended that the Historic and Cultural Preservation Committee approve a resolution recommending the City Council approve a resolution modifying regulations and procedures for review of demolition of historic structures (Attachment A). BACKGROUND On May 23, 2017, the Historic and Cultural Preservation Committee (HCPC) considered modifications to the existing demolition resolution and continued the item to a date certain of June 25, 2017. In continuing the item, the HCPC voiced general support for the revisions and asked staff to draft modifications to address the following items: • Create a three -tier review process, including building permit review, administrative review, and HCPC review with applicable processing costs; • Revise demolition definition to qualify second story additions as a demolition threshold; • Clarify the use of the term "industry standard "; and • Apply 45 years and older threshold to ancillary structures. DISCUSSION In response to HCPC feedback from their May 23rd meeting, the following modifications were made and reflected in the updated Resolution (Attachment A): 1. Review Process The revised resolution contains a three -tier review process, including building permit review, Administrative SPAR and Major SPAR. Building permit review would be for those situations where the applicant clearly demonstrates that the building is not historically significant. A planning plan check fee (currently $130) would be collected Page 1 5_1 with the building permit application to allow planning to review the submitted materials and verify that building permit is the appropriate level of review and that there is adequate evidence in the record indicating that there is no historic significance. The second tier would be Administrative Site Plan and Architectural Review. This process, while administrative, is a discretionary review process with public notice and a written approval letter. These decisions may be appealed to the Historic and Cultural Preservation Committee. As proposed, this level of review would typically be for those specific cases when public notice may be beneficial due to community interest or location of the building. Additionally, this review would be appropriate for consideration of buildings that while they may have had significance the integrity to convey that significance may have been lost, therefore malting the resource no longer historically significance. This process is cost recovery with an initial deposit of $2,003.42 required at application. The processing time for Admin SPAR application is typically six to eight weeps. The third tier is Major SPAR. This process is at the discretion of the HCPC and requires both public noticing and a public hearing before the committee. These decisions may be appealed to the City Council. This level of review would apply to requests to demolish historically significant structures per the revised definition. Additionally, this level of review would be required for requested demolition of buildings within a designated historic district or a locally designated landmark property (French Laundry for example). This process is cost recovery with an initial deposit of $6,450.62 required at application. The processing time for Major SPAR applications are typically three to six months. This section of the application includes language that gives the Planning Manager the discretion to determine the appropriate level of review for each project based on its unique circumstances and to further the intent of the demolition resolution. 2. Demolition Definition The definition of demolition in the revised resolution has been modified to include the ability to consider incompatible second story additions demolition when they are designed without sensitivity to the significance of the existing historic structure or when determined to threaten the ability for the resource to convey its significance. 3. Industry Standard An edit was made in the recitals of the revised resolution to refer to "historic preservation industry" standard. 4. Ancillary Structures The footnote exempting demolition of ancillary structures from review was modified to apply to all ancillary structure built more than 45 years ago. Page 2 �'' GENERAL. PLAN CONSISTENCY The proposed modifications to the city's existing demolition resolution (Resolution No. 2005- 198) maintains the original intent and is consistent with the following goals and policies of the City of Petaluma's General Plan Goal 3-G-1: Ensure that future plans, ordinances, and City programs are complimentary to the historic preservation goals and policies contained within this plan. Policy 3 -P -1: Protect historic and archaeological resources for the aesthetic, cultural, educational, environmental, economic, and scientific contribution they make to maintaining and enhancing Petaluma's character, identity and quality of life. Program 3- P -1 -11: The loss of designated and eligible historic resources shall be minimized through strict enforcement of City policies requiring proposed demolition to be reviewed by the Historic and Cultural Preservation Committee. All means shall be used to encourage preservation of eligible historic resources (Resolution 200 -198 N.C.S. as thereafter amended. • Reconsider defining structures /resources 45 years or older as the standard for review to be consistent with the State of California, CEQA, and the National Register criteria. ENVIRONMENTAL REVIEW The proposed modifications to Resolution No. 2005 -198 N.C.S. has been reviewed in compliance with the California Environmental Quality Act and are considered categorically exempt pursuant to California Environmental Quality Act Guideline Section 15308 (Actions by Regulatory Agencies for Protection of the Environment). PUBLIC COMMENT Public notice was published in an eighth page ad in the Argus Courier on May 11, 2017. The item was discussed at the May 23, 217 HCPC meeting and continued to a date certain of June 25, 2017. One public comment was submitted orally at the May 23rd hearing, expressing concern about the additional regulation associated with the revised definition of demolition. No additional public comment has been received. ATTACHMENTS A. Draft Resolution Recommending City Council approve modifications B. City Council Resolution No. 2005 -198 C. HCPC Staff Report, May 23, 2017 5-3 Page 3