Planning Commission March 26, 2009 Photo courtesy Bank of Stockton photo collection. City of Stockton, Planning Division Presentation of Proposed Ordinance: 16-730.105 Demolition or Relocation of Historic Resources
Recommendation Recommendation: At the conclusion of the public hearing, staff recommends that the Planning Commission recommend to the City Council adoption of the proposed ordinance, as drafted by staff, creating a discretionary review process for the approval and issuance of demolition or relocation permits for any structure that is at least 50 years old. Photos courtesy Bank of Stockton photo collection.
Why are we here? On May 20, 2008, the City Council adopted Urgency Ordinance No. 004-08, 08, placing a 45 day moratorium on the approval and issuance of demolition or relocation permits of potential historic resources that are at least 50 years old. On June 17, 2008, the moratorium was extended until May 19, 2009 by the City Council per Government Code Section 65858, allowing staff the time needed to prepare a draft ordinance similar to ordinances adopted by other cities and to gather public input for consideration of an amendment to the Development Code. Photo courtesy Bank of Stockton photo collection.
Why do we need a new policy? The 2035 General Plan supports historic preservation. The City of Stockton recognizes the importance of cultural and historic preservation to the community's continued social and economic vitality. Unless a proposed project included demolition, there was no way to trigger the regulations set in place by the California Environmental Quality Act (CEQA) that require consideration of historic resources.
How to preserve Historic Preservation is the protection and enhancement of buildings, sites, districts, structures, objects and significant natural features that connect a community to the past. These cultural and historic assets are a significant part of the heritage, education and economic base of Stockton.
Why Preservation? Preserving our community's heritage fosters civic pride in the beauty and accomplishments of the past. Protection and enhancement of historic buildings and sites is a necessary component of the social and economic prosperity of our community. Preservation and adaptive re-use of historic buildings enhances the economic base, such as tourism.
2035 General Plan Supports Historic Preservation DV-3.7 Historic Resources New public and private investment in Stockton s traditional neighborhoods shall preserve their character and sustain reinvestment in cultural and historic resources. DV-2.13 Building Rehabilitation The City shall encourage and assist in the rehabilitation of existing buildings in downtown, and use historic buildings as resources for future development. 7.2 Districts and Opportunity Areas B. Historic Central City Includes greater downtown neighborhoods and parks. Includes Stockton s historic residential neighborhoods (Victory Park, Midtown and Magnolia Park Historic Districts), commercial and industrial areas. Requires special approach to preserving and marketing area as historic districts and in-town neighborhood. Source: City of Stockton, 2035 General Plan, Goals and Policies Report
2035 General Plan 5.6 Economic Development Implementation Programs 7. The City shall implement local and State incentives, as outlined in the Mayor s 2003 Task Force report, for preservation and reuse of historic commercial buildings and heritage housing in the City s central core and other key areas. CD 2.1 Protect and Enhance Cultural Resources To the extent possible, the City shall ensure that new public and private investment protects and enhances Stockton s existing cultural resources, traditional neighborhoods, and historic districts. Source: City of Stockton, 2035 General Plan, Goals and Policies Report
What criteria are used? Most cities use The U.S. Secretary of the Interior's Standards for Rehabilitation, available at: http://www.nps.gov/hps/tps/tax/ rhb/stand.htm, codified in 36 CFR 67.
How do we balance new construction with historic preservation? Case by case basis may call for overriding considerations, specified by CEQA, confirming that project benefits outweigh significant and unavoidable effects on cultural resources.
Why allow partial demolition or facadism? Structural obsolescence Need for additional leasable area Façade is sound, but building not Facadism in San Francisco, Emporium Building Facadism project in Toronto
Adaptive Reuse: Ultimate Recycling Recycling buildings is one of the most beneficial green practices as new building construction is among the greatest energy users. Historic buildings represent high levels of embodied energy and offer excellent durability characteristics.
Adaptive Reuse: Ultimate Recycling By reusing, restoring and adapting historic resources to the needs of today, the community is able to effectively leverage the energy and resource expenditures of past generations, while minimizing waste and current energy and materials usage.
The Possibilities: Before
The Possibilities: After
What are other cities doing? Ordinances typically require review of demolition and relocation permits of buildings or structures of 50 years and older to determine if the building or structure is eligible for an official local, state, or federal register of historic places.
What cities have staff looked at? To date, staff has reviewed ordinances adopted by several California cities, including: Sacramento Oakland Fresno Danville Pacific Grove Davis Eureka Glendale Los Gatos Pasadena Redondo Beach San Jose Santa Cruz Santa Monica Photos courtesy Bank of Stockton photo collection.
Example: Sacramento If permit sought to demolish or relocate building or structure 50+ years old, within 45 days, Director makes preliminary determination if it is eligible for consideration by the Board and Council for placement on the Official Register. Director shall use specific eligibility criteria in making a determination. Director s decision may be appealed by applicant to Board, and thereafter to the Council. Summary of Sacramento Municipal Code 15.124.250
Example: Glendale Applications for demolition, removal or major alterations of historic resources transmitted to historic preservation commission. Commission shall impose reasonable conditions or restrictions deemed appropriate under code. If applicant provides evidence that cost of compliance not economically feasible, commission may give applicant up to 5 years to meet those conditions. No permit to demolish a historic resource may be issued without issuance of building permit for replacement structure or project for property involved. Summary of Glendale Municipal Code 15.20.080
Example: Pasadena Demolition, relocation or significant alterations of 50+ year old structures requires certificate of appropriateness. Commission determines if structure meets criteria as structure of merit or landmark, and if so, initiates 45-day review period to investigate preservation of the structure. Review period may be extended twice for 180 days each time. No permit to demolish 50+ year old structure unless there has been a building permit issued for a replacement structure or project for the property involved. A building permit to establish a parking lot is not considered a replacement structure. Summary of Pasadena Municipal Code 2.75.210-220
Key Policies No permit to demolish a historic resource may be issued without issuance of building permit for replacement structure or project for property involved. Discretionary project activates regulations set in place by the California Environmental Quality Act (CEQA) that require consideration of historic resources. Commission may impose potential conditions or restrictions deemed appropriate under code.
Key Policies (cont.) Case by case basis may call for overriding considerations, specified by CEQA, confirming that project benefits outweigh significant and unavoidable effects on cultural resources. Demolition may be possible with mitigation measures, such as preservation of the structure s façade. Exemption for unsafe structures, as determined by CDD Director.
Key Points The 50 year standard was established with adoption of the National Historic Preservation Act of 1966. Most decisions will be made at the Permit Center counter. If a structure is potentially historic, a fair review will be completed under CEQA, where information about alternatives, project costs and preservation incentives will be considered.
Demolition/Relocation Application Submitted Yes Is structure 50+ yrs. old? No Application Approved 45-Day Preliminary Determination by Director most decisions will be at the counter Structure is not a historic resource Application Approved, unless Appealed to PC PC Hears Appeal Structure may be a Historic resource City Prepares Environmental document at applicant s expense/ Processed by CDD CHB Reviews Application/ Draft Environmental document, makes recommendation to PC Commission Public Hearing on Application/ Environmental document Application Approved with Conditions, unless Appealed to Council Application Denied, unless Appealed to Council Council Hears Appeal
Snapshot: Demolition Permits 2008: 35 Total Structures Demolished 29 Residential/6 Non-residential 6 Located Within Design Districts 3 Were Demolished Due to Fire Damage 3 Were Demolished Due to Code Enforcement Action 2006: 76 Total Structures Demolished 61 Residential/ 15 Non-residential 10 Located Within Design Districts 7 Were Part of the Gleason Park Redevelopment Project 2004: 98 Total Structures Demolished 55 Residential/43 Non-residential 15 Located Within Design Districts 9 Were Part of the Ballpark Project 4 Were Tear Down / Rebuilds, i.e., Harding McDonald s
May 20, 2008 Council adopts 45-day urgency Ordinance placing a moratorium on demolition/ relocation permits of 50+ yr. old structures Timeline December 10, 2008 Community Meeting: Framework for Preserving Stockton s Historic Resources March 26, 2009 Planning Commission Public Hearing on Proposed Ordinance June 17, 2008 Council extends moratorium through May 19, 2009 February 4, 2009 Draft Ordinance Presented at CHB Meeting February / March 2009 Presentations to DSA / Chamber April 21, 28, May 5, 12, or 19, 2009 City Council Public Hearing on Proposed Ordinance
Next Steps Ordinance presented to City Council for consideration (If so directed.) Photo courtesy Bank of Stockton photo collection.
For More Information City of Stockton Planning Division (209) 937-8266 www.stocktongov.com www.ohp.parks.ca.gov www.preservationnation.org