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HomeMy WebLinkAboutResolution 2005-198 N.C.S. 11/21/2005 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. Resolution No. 2005-I)8 N.C.S. Page 1 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. 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 Che City of Petaluma at a Regular meeting on the 2151 day of November, for/m~:/'~ 2005, by the following vote: -~~~y~ C City Attorney` AYES: Canevaro, Mayor Glass, Healy, Nau , Torliatt NOES: None ABSENT: Vice Mayor Harris, O'Brien ABSTAIN: None a ATTEST: City Clerk Mayor Resolution No. 2005-198 N.C.S. Page 3