San Bernardino Municipal Code Ch. 15.37 Historic Building Demolition Ordinance

The Mayor and City Council find and declare:

(A) The city’s general plan, adopted on November 1, 2005 includes a Historical and Archaeological Resources Element which provides a basis for historic preservation in the city.

(B) This chapter is adopted to establish a procedure for consideration of demolition requests for historic buildings and structures as defined herein.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1666, passed 8-5-2026)

For the purpose of carrying out the intent of this chapter, the words, phrases and terms set forth herein shall be deemed to have the meaning ascribed to them in this chapter.

BUILDING. Any structure having a roof and walls built and maintained to shelter human activity or property.

DEMOLITION. To destroy any building or structure so that it is no longer standing or functional.

REPORT. Historic resource evaluation report, a report that evaluates the historical significance of a resource based upon established criteria.

RESOURCE. A building or structure as defined in this chapter.

STRUCTURE.

(1) Any structure having a roof and walls built and maintained to shelter human activity or property; or

(2) Work made up of independent and interrelated parts that performs a primary function unrelated to human shelter.

SURVEY. Historic Resources Reconnaissance survey (Volumes 1-5 and Attachments, April 30, 1991 and all subsequent revisions), a citywide survey of buildings and structures constructed prior to December 31, 1941 which provides baseline information regarding the types and locations of resources, approximate construction dates, representative architectural styles, construction materials, and contextual historical themes.

THE ARTS AND HISTORICAL PRESERVATION COMMISSION. A commission formed by resolution of the Mayor and City Council whose members are appointed by the Mayor and City Council.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1666, passed 8-5-2026)

No building or structure 50 years old or older shall be demolished unless a valid demolition permit has been issued in accordance with this chapter.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1666, passed 8-5-2026)

The demolition of any building or structure 50 years old or older shall be exempt from the provisions of this chapter if a determination has been made, supported by findings of fact, by the Hearing Officer or the Building Official pursuant to Chapter 15.28 declaring that the building or structure is a dangerous building and constitutes an imminent threat to the health and safety of the public. In lieu of immediate demolition of a structure posing an imminent hazard, feasible mitigation measures should be employed where practicable in order to preserve the structure and site until the historical review process is completed.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1666, passed 8-5-2026)

Buildings and structures 50 years old or older proposed for demolition shall be evaluated to determine historical significance. The level of review required shall be determined in accordance with the following thresholds and requirements which are based upon the Historic Resources Reconnaissance Survey (Volumes 1-5 and attachments, April 30, 1991 and all subsequent revisions):

(A) A historic resource evaluation report (report) shall be required for any resource identified on a modified California Department of Parks and Recreation (DPR) 523 Form (Volume 3, Appendix B, Resource List and DPR Forms) or located within an area identified as being potentially eligible for Historic District designation and listed as a contributing resource (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 1. through 4).

(B) A historic resource evaluation report may be required for any resource listed on the tabular list and located within the boundaries of an area identified in the survey as being potentially eligible for Historic Overlay Zone designation (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 5 through 13) Using the criteria established in § 15.37.055 of this chapter, the Community Development Director shall evaluate demolition proposals for these resources to determine the requirement for a report.

(C) Demolition permit applications for buildings and structures which are listed only on the tabular list or not included in the survey shall not require a report unless the Community Development Director determines that a report is required based upon new historical or cultural information not contained in the survey. When required, historic resource evaluation reports shall be prepared in accordance with § 15.37.050.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024; Ord. MC-1666, passed 8-5-2026)

(A) A historic resource evaluation report required as a submittal for a demolition permit application shall contain the following elements:

(1) Purpose and scope;

(2) Methods of evaluation: Field and archival;

(3) Location and setting;

(4) Architectural description of the resource;

(5) Historical background;

(6) Discussion of eligibility for NR listing;

(7) Statement of significance;

(8) Conclusions;

(9) Recommendations (may include proposed mitigation); and

(10) Archival documentation (appendices).

(B) The statement of significance element (division (A)(7)) shall be made using the criteria listed in § 15.37.055 and shall include a discussion of the related historical contextual themes. The archival documentation (division (A)(10) of the resource shall include a completed DPR 523 Form and archival quality photo documentation. This information shall be included as an appendix to the report.

(C) Preparation and submittal of the report shall be the responsibility of the applicant. All reports shall be prepared by consultants who meet the professional qualification standards for the field of historic preservation as described in the Federal Register.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1027, passed 9-9-1998; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1666, passed 8-5-2026)

(A) The building or structure has character, interest or value as a part of the heritage of the city;

(B) The location of the building or structure is the site of a significant historic event;

(C) The building or structure is identified with a person(s) or group(s) who significantly contributed to the culture and development of the city;

(D) The building or structure exemplifies a particular architectural style or way of life important to the city;

(E) The building or structure exemplifies the best remaining architectural type in a neighborhood;

(F) The building or structure is identified as the work of a person whose work has influenced the heritage of the city, the state or the United States;

(G) The building or structure reflects outstanding attention to architectural design, detail materials or craftsmanship;

(H) The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district;

(I) The unique location or singular physical characteristics of the building or structure represents an established and familiar feature of a neighborhood; or

(J) The building, structure or site has the potential to yield historical or archaeological information.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1666, passed 8-5-2026)

(A) Director review. The Director of Community Development and Housing Department shall determine whether to issue a demolition permit for an application which does not require a report in accordance with evaluation thresholds in division (B) and (C) and the requirements specified in § 15.37.045 .

(B) The Development and Environmental Review Committee (DERC) Review.

(1) An initial study (pursuant to the California Environmental Quality Act) shall be prepared for a demolition permit application when a historical resource evaluation report is required in accordance with § 15.37.045(A) through (C).

(2) The report may be included as an attachment to the initial study or referenced in the initial study. The initial study shall be reviewed by the DERC for an environmental determination in compliance with the provisions of the California Environmental Quality Act, and applicable city requirements. Following the DERC review, the application and the environmental determination shall be reviewed by the Arts and Historical Preservation Commission.

(C) Arts and Historical Preservation Commission Review. The Arts and Historical Preservation Commission shall receive notification of demolition permit applications for which a historic resource evaluation report is prepared for their review and make recommendations to the Planning Commission regarding the historic significance of resources and the approval or denial of applications.

(D) Planning Commission review.

(1) A demolition permit application for which a historic resource evaluation report and initial study are prepared shall be scheduled for review by the Planning Commission within 45 days of the DERC’s environmental determination. The Planning Commission shall review demolition permit applications to determine the historical significance of the resource based upon the criteria set forth in § 15.37.055. The Planning Commission may also consider the National Register criteria for evaluation.

(2) Based upon the information provided, the Planning Commission shall take action on the environmental determination and approve or deny the issuance of the demolition permit. The Planning Commission’s review must be completed within 30 days of the first public hearing before the Planning Commission or the Application shall be forwarded to the Mayor and City Council.

(3) When a demolition permit application is denied because of a determination of historical significance, the Planning Commission shall forward that recommendation to the Mayor and City Council.

(4) If the Planning Commission approves the demolition permit application, the demolition permit shall be issued in accordance with the Planning Commission action and following compliance with the provisions of this chapter and all other city requirements.

(E) Effective date of permit. Demolition permits shall become effective 16 days following the final date of action (i.e., approval) by the Director or the Planning Commission unless an appeal has been filed pursuant to § 15.37.070, which shall stay the issuance of the demolition permit until after the appeal is decided.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024; Ord. MC-1666, passed 8-5-2026)

Statutory reference:

California Environmental Quality Act, see Cal. Public Resources Code, §§ 21000 et seq.

(A) Any person may appeal the decisions of the Director of Community Development and Housing Department pursuant to this chapter to the Planning Commission. Decisions of the Planning Commission pursuant to this chapter may be appealed to the Mayor and City Council.

(B) An appeal must be submitted in writing with the required appeal fee (if applicable) to the Community and Economic Development Department within 15 days following the final date of the action for which an appeal is made. The written appeal shall include the reason(s) why the historic resource evaluation report should or should not be required; or why the demolition permit application should be granted, denied or exempt from the provisions of this chapter.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1027, passed 9-9-1998; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024; Ord. MC-1666, passed 8-5-2026)

Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of §§ 1.12.010 and 1.12.020 in addition to any other civil or administrative remedies.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1666, passed 8-5-2026)

[Reserved]

(Deleted by Ord. MC-1482, passed 4-18-2018)

Upon submittal of a demolition permit application to the Community Development and Housing Department, the applicant shall pay all applicable Planning Division fees in the amounts as adopted by resolution of the Mayor and City Council for an initial study and for the Planning Commission review. The applicant shall pay all required Building Inspection Division fees in the amounts as adopted by resolution of the Mayor and City Council prior to issuance of a demolition permit. The applicant shall also pay all fees required by other governmental agencies prior to issuance of a demolition permit.

(Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024; Ord. MC-1666, passed 8-5-2026)