Chapter 17.83 — DEMOLITION REVIEW

This Chapter establishes procedures and criteria for the review of demolition requests of historic resources in order to implement the requirements of the General Plan.

• A. When required. Any and all actions that will result in the removal, relocation, tearing down, or demolition of a historic resource, or portion thereof, shall be subject to Demolition Review in compliance with this Chapter. This includes, but is not limited to, total demolition of a resource, or portion thereof, or partial demolition that is so extensive that it would result in the lowering of the survey rating for the resource.

Section 15064.5(a) of the California Environmental Quality Act Guidelines shall be used to determine what should be considered a historic resource.

• B. Building permits. No building permit shall be issued for any demolition until the demolition has been evaluated through the Demolition Review process.

• A. Commencement of review. The Demolition Review process is initiated when the City Planner receives completed applications for Demolition Review. The application packages shall include all plans, elevations, specifications, sample materials, etc. as specified in the application and any additional information required by the City Planner in order to conduct a thorough review of the proposed demolition.

• B. Review with other permits. Demolition Review in conjunction with projects that require the approval of a discretionary permit (e.g. Conditional Use Permit, Variance, etc.) shall occur concurrently with the review of the discretionary permit application, and the final determination shall be made by the highest level of review authority in compliance with Table 4-1 (Review Authority) and Section 17.70.030 (Concurrent Permit Processing). The City Planner shall prepare a report for the review authority outlining the findings and any conditions relating to the Demolition Review prior to the review authority's consideration of the project. The report containing findings and any conditions shall also be forwarded to the applicant prior to consideration by the review authority.

• C. Review by Design Review Committee. The Demolition Review application shall be forwarded to the Design Review Committee for review. The Committee shall review the application in accordance with the requirements of this Chapter and the Historic Design Guidelines and forward a recommendation of approval, conditional approval, or denial to the Planning Commission.

• D. Factors to be considered. In conducting a Demolition Review for a particular project, the Planning Commission shall consider the classification category of the historic resource (Category A, B, or C below) and the location and the overall effect of the proposed demolition upon surrounding properties and the Historic Corridor in general. Demolition Review shall be conducted by comparing the proposed demolition to applicable General Plan policies, adopted development standards, design guidelines, CEQA Guidelines Section 15064.5 (Determining the Significance of Impacts to Archeological and Historical Resources), and other applicable

ordinances of the City. The Planning Commission may require an Environmental Impact Report be prepared for demolition of structures listed on the National Register.

• E. Action, conditions. The Planning Commission may approve or recommend approval of the design of a proposed demolition in compliance with Section 17.83.040 (Findings and Decision). The Planning Commission may impose conditions upon the demolition to ensure that the project would meet all of the required findings.

• F. Exemption. The Planning Commission may exempt a Demolition Review application from the requirements of this Chapter and authorize the removal or demolition of a historic resource if the historic resource poses an immediate danger to the health, safety, or welfare of the occupants, the owner, or that of the general public, and immediate action must be taken on the application to safeguard the public health, safety, and welfare.

• A. The Design Review Committee may refer any application to the Planning Commission for review and decision.

• B. Category A (Essential Rating) and Category B (Contributing Rating) Resources. The Demolition Review Committee may grant Demolition Review approval with or without conditions, only if one of the following findings can be made:

  1. The historic resource poses an immediate danger to the health, safety, or welfare of the occupants, the owner, or that of the general public; there are no other reasonable actions that may be taken by the City or property owner to eliminate or reduce the immediate danger to an acceptable and safe level; and the historic resource must be demolished immediately to safeguard the public health, safety, and welfare; or

  2. The historic resource must be removed from the site in order for the property to be utilized for a public structure or use which substantially benefits the public.

• C. Category C (Supporting Rating) Resources. The Design Review Committee may grant Demolition Review approval with or without conditions, only if one of the following findings can be made:

  1. Maintaining the resource is not economically feasible based on policies, criteria, and guidelines adopted by the City Council.

  2. Within one year of the demolition of the resource, the resource will be replaced by a building reconstructed to replicate the resource from a period of the historic significance of the resource and the reconstruction of the building is done in accordance with the "Standards for Reconstruction and Guidelines for Reconstructing Historic Buildings" as set forth in the Secretary of the Interior's Standards for the Treatment of Historic Properties.

  3. The historic resource poses an immediate danger to the health, safety, or welfare of the occupants, the owner, or that of the general public; there are no other reasonable actions that may be taken by the City or property owner to eliminate or reduce the immediate danger to an acceptable and safe level; and the historic resource must be demolished immediately to safeguard the public health, safety, and welfare.

  4. The historic resource must be removed from the site in order for the property to be utilized for a public structure or use which substantially benefits the public.

  5. The project is not considered historic as defined by Section 15064.5(a) (Determining the Significance of Impacts to Archeological and Historical Resources) of the California Environmental Quality Act Guidelines.

In those cases where the Design Review Committee authorizes the demolition of a Category C historic resource, the City Planner or review authority shall, to the satisfaction of the City Planner, require that as much of the materials from the original structure be used in a new building on the site and/or that the historic building form of the original be replicated in development on the site.

In addition to the legal remedies set forth in Section 17.200.070 (Legal Remedies), the City may choose to undertake any or all of the following legal actions to impose sanctions for violations of this Chapter.

• A. Any conviction of an infraction or misdemeanor under the provisions of this Development Code for violating any provision of this Chapter shall be punishable by a fine of not more than $1,000.

• B. Within 18 months of the date of demolition of a historic resource demolished in violation of this Chapter, or permits issued in compliance with this Chapter, the owner of the property shall replace the historic resource with a building reconstructed to replicate the resource from a period of the historic significance of the resource, and the reconstruction of the building shall be done in accordance with the "Standards for Reconstruction and Guidelines for Reconstructing Historic Buildings" as set forth in the Secretary of the Interior's Standards for the Treatment of Historic Properties.

• C. On properties on which an historic resource has been demolished in violation of this Chapter, or permits issued in compliance with this Chapter, the City shall not approve or authorize any change in the use of land or structures, including such non-structural uses such as parking lots, for a period of five years from the date of demolition of the historic resource. The City shall not approve or authorize an increase in floor area or lot coverage which was in existence prior to demolition of the historic resource for an approved replacement use for a period of five years from the date of demolition of the historic resource.