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HomeMy WebLinkAboutStaff Report 8.B 04/03/2006CITY OF PETALUMA, CALIFORNIA April 3, 2006 AGENDA BILL Agenda Title: Meetine Date: April 3, 2006 Discussion and Possible Direction or Action to Revise Resolution #2005-198 N.C.S. Regarding the Procedures Required for Meetine Time: ❑ 3:00 PM Demolition of Structures Built in 1945 or Earlier. © 7:00 PM Cateeory (check one): ❑ Consent Calendar ❑ Public Hearing ❑X New Business ❑ Unfinished Business ❑ Presentation Department: Director: Contact Person: Phone Number: City Manager Michael Bierman Michael Moore 778-4301 Cost of Pronosal: n/a Account Number: Amount Budeeted: Name of Fund: Attachments to Aeenda Packet Item: 1. Request from Skip Sommer of the Petaluma Preservation Group 2. Resolution 2005-198 N.C.S. Summary Statement: A request was received by members of Council from a local citizen, asking for clarification and/or revision of Resolution 2005-198 N.C.S. which established a policy and procedures that would require 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. Item #1 in the Resolution defines "demolition" and Item #4 establishes the fee to be that of a Major SPARC submittal. Recommended City Council Action/Sueeested Motion: Provide direction to staff and/or revise the language of Resolution 2005-198 N.C.S. Reviewed by Admin. Svcs. Dir: Reviewed by City Attorney: AI)pro,ved by City Manaeer: Date: Date: ` ✓�' Date: Today's Date: Revision # and Date Revised: File Code: Bierman, Mike From: clave glass [daveglass@comcast.net] Sent: Monday, March 27, 2006 7:35 PM To: Bierman, Mike Subject: Fw: a resolution problem I would have no problem putting this on the April 3rd Agenda. I will only be able to make it for the evening session. David Glass ----- Original Message ----- From: "skip sommer" <skipsommer@hotmail.com> To: <daveglass@comcast.net>;<citycouncil@ci.petaluma.ca.us>; <mike4pet@aol.com>; <redhawks@sonic.net>; <kpetersonnau@aol.com>; <petalumamike@aol.com>; <ptorliatt@aol.com>; <robert@workingtogetherl.com> Sent: Monday, March 27, 2006 3:28 PM Subject: a resolution problem > March 27, 2006 > Honorable Mayor David Glass > City Council Members > City of Petaluma, Ca. > It has come to my attention that one of my clients and partners, > Robert Mitchell, Is suffering monetary and time- constraint damages > because of a heretofore unknown Crack in Resolution # 2005-198 N.C.S. > (passed by the City Council Nov 21, 2005). > Robert has just been told by staff that he now has only one choice and > that is "a major SPARC submittal" in addition to a complete > re -submittal for his building permit. > As an historian, I understand and applaud the intent of this > resolution. I also understand the intent and potential of Robert > Mitchell's proposal to improve and preserve the Victorian known as > 819 Sunnyslope Road, Petaluma. This home was built in > (approximately) 1890. Over the years, it has fallen into major > disrepair and has had numerous additions made without permit and > those, Not in the style, or quality, of the original. This property > has become a considerable eyesore for the adjoining neighborhood in > all directions. It can, however, be saved. > Robert Mitchell, contractor, local history buff, and one of the > forces behind such historic Renovations as The Old Silk Mill, intends > to save the architecture that is still salvageable on Sunnyslope and > to install a new foundation and first story in the same architectural > style of this Victorian home. This is preservation, NOT demolition. > The only way this could be considered a demolition is by using the > definition that "demolition means the removal of 50% or more of the > exterior walls of a building or structure". Or that " the raising of > an existing structure beyond what is required for a new foundation"-- • is demolition. This structure has had NO foundation to date and There > has been considerable dry rot and pest damage to the entire building. > It really needs help. > In this case, this is far from a fair shake and not in the best > interests of the City of Petaluma nor of it's historic community. > This project has fallen into a crack in this resolution and Mr. > Mitchell should be helped as soon as possible to get out of that > crack. Mr. Mitchell's application for a building permit complied w/plan check comments all around -from Nov. > 1, 2005 until he was notified by staff on Mar. 13, 2006 that said > resolution was adopted on Nov. 21, 2005. ( adoption 20 days AFTER he > had applied). Meanwhile, he has arranged financing and lined up > construction crews for the project. > Robert Mitchell and I appealed to Council Member Healy last Thursday > because he Was the sponsor of this resolution. Upon hearing of this > plight, he took up the cause And suggested we send you each this > e-mail as soon as possible with the hope that this could get on the > next council agenda. If you wish to contact Robert Mitchell, his #s > are cell: 415-2866258, fax: 7734624, e mail: > Robert@workingtogetherl.com. > Thank you for your consideration, > R. "Skip" Sommer, Petaluma Preservation > Group 3 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 aclrnowledging 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. Resolution No. 2005-198 N.C.S. q 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. 5. 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. } 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: City Attorney` AYES: Canevaro, Mayor Glass, Healy, Nau , Torliatt NOES: None ABSENT: Vice Mayor Harris, O'Brien ABSTAIN: None I ATTEST: �Ll-l'' ) �" C��l—Q''�—/ CG-i'G�1,-.` City Clerk Mayor v Resolution No. 2005-199 N.C.S.