Belvedere Municipal Code Ch. 21.30 Removal of Historic Designation

REMOVAL OF HISTORIC DESIGNATION

Sections:

• 21.30.010 Initiation of removal of historic designation. 21.30.020 Application—Information to be submitted.

• 21.30.030 Completeness of application. 21.30.040 Updated survey form and evaluation. 21.30.050 Historic Preservation Committee review.

• 21.30.060 Criteria for removal of historic designation.

• 21.30.080 City Council action.

• 21.30.090 Notification of removal of historic designation.

• 21.30.100 Subsequent application.

• 21.30.110 Post-removal maintenance requirements.

Only owner-initiated applications for removal of historic designation of sites and/or structures will be considered. The owner may enlist the assistance of the Department of Planning and Building or the Historic Preservation Committee in evaluating the request for removal. (Ord. 2025-08 § 2 (Exh. A), 2025.)

The applicant shall submit all of the following:

• A. Application Form. Application forms for removal of designation as furnished by the Department of Planning and Building and signed by the applicant.

• B. Supporting Information. Evidence supporting removal, which may include but is not limited to:

  1. Documentation demonstrating that the property no longer meets the designation criteria set forth in Section 21.20.070.

  2. Evidence of substantial alteration, damage, or loss of historic integrity due to natural disaster, deterioration, or approved modifications.

  3. Relevant reports, photographs, plans, and historic evaluations. (Ord. 2025-08 § 2 (Exh. A), 2025.)

Upon receipt of an application for removal of designation, the Director of Planning and Building or the Director’s designee shall review the submission for completeness. If incomplete, written notice shall be provided to the applicant specifying additional materials required. (Ord. 2025-08 § 2 (Exh. A), 2025.)

Upon the Director of Planning and Building’s acceptance of a complete application, at the Director’s discretion, the Historic Preservation Committee shall prepare or update a survey form for the property, documenting the current condition, integrity, and historical significance, and addressing the criteria in Section 21.30.060. (Ord. 2025-08 § 2 (Exh. A), 2025.)

After the Director of Building and Planning accepts the application for removal, the Historic Preservation Committee shall review the application at its next scheduled meeting. The Historic Preservation Committee shall consider the removal request and recommend approval or denial pursuant to Section 21.30.060. (Ord. 2025-08 § 2 (Exh. A), 2025.)

The Historic Preservation Commission may recommend removal of a historic designation if any of the following apply:

• A. The property no longer meets at least three of the criteria set forth in Section 21.20.070.

B. The integrity of the property’s original materials, design features, or historic character has been lost due to alteration, deterioration, or destruction.

C. New evidence demonstrates that the original historic designation was based on inaccurate, incomplete, or erroneous information.

D. The property has been damaged or destroyed to the extent that its historic value has been substantially compromised.

The Historic Preservation Committee shall make findings in support of its recommendation via resolution. (Ord. 2025-08 § 2 (Exh. A), 2025.)

After receiving the Historic Preservation Committee’s recommendation, the City Council shall hold a noticed public hearing and take action to approve, modify, or deny the application for removal at its next regularly scheduled meeting. The City Council shall make findings in support of its decision via resolution. (Ord. 2025-08 § 2 (Exh. A), 2025.)

The City shall notify the owner in writing of the City Council’s decision. If removal is approved, the Department of Building and Planning shall update the City’s list of designated properties and record the removal of historic designation in the official records of the County of Marin. (Ord. 2025-08 § 2 (Exh. A), 2025.)

If an application for removal is denied by the City Council, no subsequent removal application for the same property may be filed within two years unless accompanied by substantially new supporting information. The Director of Building and Planning shall determine whether any such application for removal includes substantially new supporting information. (Ord. 2025-08 § 2 (Exh. A), 2025.)

Where the City Council determines that removal of a historic designation is based on the significant alteration or loss of historic features, the City Council may, as a condition of approval, require continued maintenance of any remaining character-defining features that contribute to neighborhood compatibility. (Ord. 2025-08 § 2 (Exh. A), 2025.)