HomeMy WebLinkAboutResolution 2017-122 N.C.S. 08/07/2017Resolution No. 2017 -122 N.C.S.
of the City of Petaluma, California
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, 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 modifications 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 -198 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 in 1945 or earlier. Specifically, the City Council directs as follows:
Resolution No. 2017 -122 N.C.S. Page 1
1. All requests* for demolition of structures built in 1945 or earlier 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 decided by the Historic and Cultural Preservation
Committee.
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 in 1945 or earlier 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.
Resolution No, 2017 -122 N.C.S. Page 2
• 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 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 in 1945 or earlier 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 built in 1945 or earlier, regardless of its
formal designation on a local, state, or federal register, the following findings must be
made to support the request;
Resolution No. 2017 -122 N.C.S. Page 3
a. The building is not listed or eligible for listing as a significant national, state or
local historic resource.
K 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, built in 1945 or earlier, 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.
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 Ap rove as to
Council of the City of Petaluma at a Regular meeting on the 71h day of August, for
2017, by the following vote:
Ci ttorney
AYES: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
N.Dj t� -,
City Clerk
` Mayor
Resolution No. 2017 -122 N.C.S. Page 4