Redlands Municipal Code Ch. 15.44 Demolition of Buildings and Structures

The ordinances codified in this chapter shall be collectively known as the CITY BUILDING AND STRUCTURE DEMOLITION ORDINANCE. (Ord. 2899 §5, 2019)

The City Council finds that historically significant structures situated within the City constitute a cultural treasure for the entire community to enjoy, and that the preservation of these structures will promote the general welfare by maintaining an invaluable link to the City's rich and distinguished past. The City's permit procedures for demolishing structures therefore recognize that the City's historic structures should be preserved and, that if a structure is approved for demolition, mitigation measures and conditions should be considered and imposed prior to the demolition which provide the opportunity for persons to rescue potentially historic structures from destruction by purchasing the structure's site, relocating the structure, or otherwise preserving for posterity the historic and cultural significance of the structure. (Ord. 2899 §5, 2019)

This chapter shall apply to any structure for which an application for a demolition permit is made. No structure shall be demolished until a demolition permit is issued by the City's Community Development Department in accordance with this chapter. (Ord. 2899 §5, 2019)

The following words, as used in this chapter, still have the meanings herein prescribed for them:

CEQA: The California Environmental Quality Act, contained in California Public Resources Code section 21000 et seq., as amended from time to time.

CHARACTER DEFINING FEATURES:The distinctive physical forms, elements, material, details, and/or characteristics that convey the significance of a designated historic resource.

COMPLETE DEMOLITION: Removal of all above-grade portions of a building, structure or object that is a designated historic resource, or of a resource that is pending designation as a historic resource.

CONTRIBUTOR: A historic resource in a designated or pending historic district, as defined in Chapter 2.62 of this Code, which was built within the period of significance and/or retains enough historic integrity to contribute to the overall character and significance of other buildings and structures within the historic district which are unified aesthetically by plan or physical development.

DEMOLITION: The act or process of destroying, knocking down, pulling down, tearing down, flattening, razing, or leveling a building, structure, or object. For purposes of this chapter, demolition can be either complete or partial.

DIRECTOR: Shall mean the City's Development Services Director, or his or her designee.

ELIGIBLE HISTORIC RESOURCE: A resource that is either: (1) on the register of properties compiled and maintained by the City's Historic and Scenic Preservation Commission as described in Section 2.24.060 D of this Code; or (2) is determined by the City to be a historic resource pursuant to Public Resources Code section 21084.1, or (3) otherwise satisfies the definition of a Historic Resource as described in this chapter.

HISTORICAL RESOURCE: All buildings or structures listed in, or determined to be eligible for listing in, the California Register of Historical Resources. Buildings or structures actually designated as historically significant in any local register of historic resources, or identified as significant in a historical resource survey meeting the requirements of the State Historical Resources Law, are presumed to be historically or culturally significant. The City shall treat any such resource as significant unless the preponderance of evidence demonstrates that this resource is not historically or culturally significant.

HISTORICAL SIGNIFICANCE: A building or structure shall be determined to be of "historical significance" if it satisfies any of the following criteria:

A. The building or structure is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage;

B. The building or structure is associated with the lives and persons important in our past;

C. The building or structure embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possesses high artistic values;

D. The building or structure has yielded, or may be likely to yield, information important in prehistory or history;

E. The building or structure is significant in the "cultural annals of California" as demonstrated by substantial evidence in light of the whole record presented to the City regarding an application for a demolition permit; or

F. The building or structure qualifies as a historical resource.

NON-CONTRIBUTOR: A resource in a designated or pending historic district that was either not built within the historic district's period of significance or does not retain enough historic integrity to contribute to the overall character and significance of the historic district.

PARTIAL DEMOLITION: The removal, alteration, or destruction of one or more character-defining features of a designated historic resource, of a resource that is pending designation as a historic resource, or of an eligible historic resource, that have been identified as character-defining in a property-specific historic assessment, in a historic resource assessment prepared by a person meeting the Secretary of the Interior's Professional Qualification Standards in Historic Architecture or Architectural History, or by the Director.

SECRETARY OF THE INTERIOR'S PROFESSIONAL QUALIFICATION STANDARDS: The set of requirements issued by the US Department of the Interior, National Park Service (36 CFR Part 61) that define minimum education and experience required to perform identification, evaluation, registration, and treatment activities.

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The set of standards issued by the US Department of the Interior, National Park Service (36 CFR Part 67) and the publications of the National Park Service (NPS), Preservation Assistance Division, Guidelines for Rehabilitation Historic Buildings (1992, NPS) and the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995, NPS), and any subsequent publication on the Secretary's Standards by the NPS.

STATE HISTORICAL RESOURCES LAW: The State laws governing historical structures contained in Public Resources Code sections 5020 et seq., as amended from time to time. (Ord. 2899 §5, 2019)

An application for a demolition permit shall:

A. Be completed by the owner of the structure proposed for demolition, or the owner's authorized representative, and submitted to the Development Services Department with payment of all applicable fees. Concurrent with the filing of an application for a demolition permit, if the Director determines the application is not exempt under CEQA, application shall also be made for any required environmental review pursuant to CEQA.

B. The application shall identify the structure to be demolished by providing a description of the structure, its address, legal description and Tax Assessor's parcel number.

C. The applicant shall specify whether the structure is listed as a historic or cultural resource or has been determined to have historical significance, by any Federal, State, regional or local listing or designation, or as that term is defined in this chapter.

D. The application shall specify the date that construction of the structure was completed, and include documentation verifying that date to the satisfaction of the City. If documentation is unavailable to reasonably establish the date of completed construction, the applicant shall write "age of structure unknown no documentation available" on the permit application. (Ord. 2899 §5, 2019)

A. Permit Application: Demolition permit applications for structures less than fifty (50) years of age shall be scheduled for review by the City's Director who shall determine whether the application is exempt under CEQA or whether an initial study shall be prepared, in accordance with CEQA, by City staff.

B. Director Determination: The Director shall review any initial study that has been prepared, the staff report, the documentation supporting the application, and any testimony from the applicant, and make a determination of the historical significance of the structure proposed to be demolished.

1. If the Director determines that the structure has no historical significance and demolition of the structure is determined to be exempt from the preparation of a negative declaration or environmental impact report under CEQA, the Director shall thereafter issue the demolition permit in accordance with this Code.

2. If the Director determines that the structure may have historical significance and/or that its demolition requires the preparation of a negative declaration or an environmental impact report under CEQA, the demolition permit application shall be referred to the City's Historic and Scenic Preservation Commission for further review and action. ( (Ord. 2899 §5, 2019)

A. Demolition permit applications for structures fifty (50) years of age and older shall be scheduled for review by the Historic and Scenic Preservation Commission, and an initial study shall be prepared in accordance with CEQA by City staff. Notice of the commission's meeting shall be given to the applicant and the public in accordance with the City's guidelines implementing CEQA. Review of such applications shall occur in accordance with subsections B and C of this section.

B. Upon referral of a demolition permit application from the Director, the Historic and Scenic Preservation Commission shall schedule the application for review, with at least ten (10) days' prior written notice provided to the applicant and the public. A report shall be prepared by the City's Historic Preservation Officer regarding the application and, if the structure proposed for demolition is part of a Fire Department training exercise, a representative of the Fire Department shall also review and sign the report as "concurring" with its contents prior to its distribution to the Historic and Scenic Preservation Commission. A copy of the report shall be provided to the applicant.

C. The Historic and Scenic Preservation Commission shall determine the potential historical significance of the structure and the need for any further environmental review, and make its own determinations whether the structure is historically significant and/or subject to further environmental review under CEQA. The commission may then subsequently approve, condition or deny the permit application after completion of any required environmental review. Following action by the commission, the Historic Preservation Officer shall notify the applicant (and in the case of a fire training exercise, the Fire Chief) in writing of the determination of the commission and the applicant's right of appeal pursuant to section 15.44.080 of this chapter.

1. If the commission determines that the structure has no historical significance and the permit application is approved, the application shall be exempt from further review by the City under this chapter unless an appeal is made to the City Council. If no appeal is filed within the time provided for by this chapter, the Community Development Department shall thereafter issue the demolition permit in accordance with this Code.

2. If the commission determines that the structure has historical significance, the commission shall conduct the appropriate environmental review and subsequently approve, condition or deny the application. (Ord. 2899 §5, 2019)

A. Any person may appeal a decision of the Historic and Scenic Preservation Commission to the City Council. The person making the appeal shall file the same within ten (10) days of the date of the commission's decision with the City Clerk. The appeal shall be in writing, on the form provided by the City Clerk, and shall be accompanied by payment of the applicable fees. Upon receiving a request for an appeal to the City Council, the City Clerk shall notify the applicant for the demolition permit, in writing, and shall place the appeal on the agenda for the next regular Council meeting scheduled to be held at least ten (10) days after the date on which the appeal is received.

B. At the appeal, the City Council shall hear testimony from the applicant, staff and the public concerning the historical, architectural or cultural significance of the structure. After considering the determination by the commission, together with all testimony from interested persons, the City Council shall confirm, modify or reject the decision of the commission.

C. After hearing testimony at the public hearing, if the City Council determines that the demolition of the structure is justified, the permit to demolish the structure shall be issued in accordance with this Code. If the City Council determines, after hearing evidence at the public hearing, that the demolition shall be postponed as ordered by the commission, the demolition permit shall not be issued until expiration of the period for delay imposed by the commission. The decision of the City Council shall be final. (Ord. 2899 §5, 2019)

A. The City shall identify potentially feasible measures to mitigate significant adverse changes in the significance of a historical resource. The City shall ensure that any adopted mitigation measures to mitigate or avoid significant adverse changes are fully enforceable through permit conditions, agreements or other measures. In rendering any decision under this chapter, the City recognizes that a project which is mitigated or conditioned to follow the Secretary of the Interior's "Standards for the Treatment of Historic Properties With Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings"; or the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (1995), Weeks and Grimmer, shall be considered as mitigated to a level of less than a significant impact on the historical resource.

B. In addition to any mitigation measures that might be imposed pursuant to the authority of CEQA, the City shall have the right to reasonably condition the issuance of a demolition permit to further the goals of this chapter and to protect the public health, safety and welfare interests of its citizens.

C. If a demolition permit application is conditioned by the imposition of a delay of its issuance, the City shall reasonably cooperate with the applicant and the owner of the structure for the purposes of saving the structure through purchase of the property, relocating the structure, or by any other means to rescue the structure from demolition, in the shortest time possible. The City shall make every reasonable effort to provide for the preservation of the structure, but nothing in this chapter shall require the City to purchase, relocate or otherwise expend City funds in connection with the efforts to save the structure. (Ord. 2899 §5, 2019)

A. On or after the eligible date for demolition to occur, the applicant may obtain the demolition permit from the Development Services Department. After verifying that the demolition permit process has occurred in compliance with this Code, the Development Services Department shall issue a demolition permit.

B. In the event demolition of the structure is part of a Fire Department training exercise, the Fire Department shall obtain a copy of the demolition permit from the owner of the structure. Prior to the training exercise, a copy of the demolition permit shall be affixed to the structure. The City's Fire Chief shall personally inspect and verify that a copy of the demolition permit is affixed to the structure prior to initiating the training exercise. (Ord. 2899 §5, 2019)

Nothing in this chapter shall prevent the alteration, repair or demolition of any structure to remedy a condition determined dangerous to the general public by the City's Development Services Department.

A. Structures Having Historical Significance: In the event a structure has been damaged by fire, flood, earthquake or other calamity to such an extent that, in the opinion of the City, the structure cannot be reasonably repaired or restored, the structure may be demolished or removed in accordance with State and City laws governing dangerous structures.

B. Structures Having Historical Significance: In the event a structure has been damaged by fire, flood, earthquake or other calamity to such an extent that, in the opinion of the City, the structure cannot be reasonably repaired or restored, the structure may be demolished in accordance with State and City laws governing the emergency demolition of dangerous buildings having historical significance. Such City laws shall be adopted by resolution of the City Council and shall be incorporated into the City's disaster management plans adopted pursuant to title 2, chapter 2.52 of this Code. (Ord. 2899 §5, 2019)

A. Demolition of any structure prior to the issuance of a demolition permit is unlawful and a violation of this chapter. Any person, firm or corporation committing such an unlawful act, or allowing such an unlawful act to occur, shall be subject to the penalties as prescribed by law and this Code.

B. In addition to any other remedies provided herein, any violation of this chapter may be enforced by civil action brought by the City. Remedies under this chapter are in addition to, and do not supersede or limit, any and all other civil or criminal remedies. The remedies provided for herein are cumulative and not exclusive. In any such action, the City may seek as appropriate, any or all of the following remedies:

1. A temporary or permanent injunction, or both;

2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; and

3. Assessment of the violator of civil penalties pursuant to Chapter 1.22 of this Code.

C. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, or an eligible historic resource, is completely or partially demolished in violation of this chapter, as a penalty no building or construction related permits shall be issued for the property upon which the demolition took place for a period of three (3) years from the date of demolition. Said penalty shall be issued and enforced either by the City Council following a public hearing, or by a civil action filed by the City Attorney and adjudicated by a court of competent jurisdiction. The City shall also record an instrument imposing covenants on real property with the county of San Bernardino that memorializes the time period during which permit issuance is prohibited. A demolition shall be presumed to have occurred on the date the City had actual knowledge of the demolition.

D. In addition to any other remedies provided herein, any property that remains undeveloped pursuant to this section shall be maintained in such a manner so as to not constitute a public or private nuisance, or otherwise violate this Code. The property shall be maintained in a clean and orderly manner free of junk, trash, debris, litter, abandoned or inoperable vehicles, stagnant water, abandoned excavations, appliances and furniture, storage containers, vegetation that is not in a healthy or living state, and overgrown vegetation. Living vegetation, including trees and shrubs, shall be retained and fully maintained, including necessary watering and trimming, during the construction prohibition period. Living grasses and groundcovers shall also be retained and fully maintained and new grass and/or groundcover shall be planted at any areas of bare soil to control dust and erosion. All grasses and groundcovers shall not exceed an overall height of six (6) inches. Additionally, vehicles of any type shall not be parked or stored on the property and no remunerative use of any kind shall be allowed.

E. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, or an eligible historic resource is completely demolished in violation of this chapter, any new buildings or structures proposed for construction on the site after the expiration of the construction permit ban set forth in this section shall be limited to the same footprint, height, and square footage as the demolished buildings or structures. The foregoing notwithstanding, the City's Director shall have discretion to allow deviations from this provision to cure prior non-conforming conditions and to make changes that would benefit the community in order to achieve compliance with the design review guidelines described in Chapter 2.62 of this Code, and with this chapter. In the event the owner of a designated historic resource, a resource pending designation as a historic resource, or an eligible historic resource that was completely demolished applies to subdivide the property into two (2) or more lots, and proposes to build two (2) or more buildings or structures, after the expiration of the construction permit ban set forth in this section, the application shall be considered under Title 17 of this Code. Provided, however, at least one of the structures shall be limited to the same footprint, height and square footage as the demolished buildings or structures. The design of the remaining one (1) or more structures shall be considered based on the City's design review standards and guidelines.

F. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, or an eligible historic resource is partially demolished through removal of one or more character defining features in violation of this chapter, the missing features shall be reconstructed and/or replaced in kind to match the original in terms of size, proportions, design, details, materials, and overall appearance. In the event that aspects of the original features cannot be discerned through documentary and/or physical evidence, the City's Director shall determine the preferred method of reconstruction or replacement. (Ord. 2899 §5, 2019)