Part 13 — NONRESIDENTIAL DEMOLITION AUTHORIZATION PERMITS

The purpose of this permit is to evaluate requests for demolition of nonresidential structures fifty years of age or older, and of undetermined age, to ensure that those which may have historic value are not demolished.

(Ord. 2012-19 § 6 (part), 2012).

No demolition permit shall be issued for any nonresidential structure fifty years of age or older, and of undetermined age, unless a nonresidential demolition authorization permit has been issued pursuant to this part. Such permits shall be issued administratively, without a public hearing, unless a cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, determines that the building or structure is eligible for listing on the city historic building survey. If such a determination is made, a public hearing must be held by the zoning administrator regarding the nonresidential demolition authorization permit after appropriate environmental review is completed in accordance with the California Environmental Quality Act. (Ord. 2012-19 § 6 (part), 2012).

STRUCTURES FIFTY YEARS OF AGE OR OLDER.

1. Exemptions to Review Process. The following are exempted from the demolition review process as detailed in this part:

a. The zoning administrator may issue a demolition permit for any building or structure that is determined to be an imminent hazard to public safety, either to the subject property or to neighboring properties, and where demolition is the only economically feasible means to secure the public safety. Prior to demolition of any such building or structure, the applicant will measure and photo-document the building, where safety permits, and provide the documentation to the planning and community development department.

b. Minor demolition related to normal maintenance or repair where demolished materials are replaced in kind.

c. Accessory buildings and accessory structures of less than two hundred square feet in size, as measured from the outside of the building or structure, except for those listed or determined eligible for listing on the city historic building survey. The zoning administrator may require preparation of a cultural resource evaluation in conjunction with the demolition permit application if there is reason to believe that the building or structure may be eligible for listing on the city historic building survey. If an evaluation determines that the resource is eligible for listing on the city historic building survey, the zoning administrator will not approve a nonresidential demolition permit without appropriate environmental review in accordance with the California Environmental Quality Act.

2. Process for demolition requests for buildings or structures fifty years of age or older, and of an undetermined age.

24-59

(Supp. No. xx – 11/21/2024)

24.08.1310

Prior to demolition of any building or structure fifty years of age or older the following is required:

a. The project which will replace the demolished building or structure has been, or is concurrently being, approved by the City, and an appropriate building permit has been, or will concurrently be, issued; unless some other practical hardship can be documented rendering this requirement inappropriate.

b. The zoning administrator may require preparation of a cultural resource evaluation in conjunction with the demolition permit application. The applicant is responsible for the cost of preparing the cultural resource evaluation. The cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, shall determine the potential eligibility of the building or structure for listing on the city historic building survey in accordance with criteria listed in Section 24.12.440(2)(c).

c. Concurrently with the preceding, the zoning administrator may forward the application to cultural resources agencies and experts as deemed necessary for review and comment.

d. For buildings or structures determined ineligible for listing on the city historic building survey, the zoning administrator may issue a demolition permit after the cultural resources evaluation is accepted as accurate and complete and after consultations which may be required in subsection (2)(b).

e. If an evaluation determines that the resource is eligible for listing on the city historic building survey, the zoning administrator shall not approve a nonresidential demolition permit without appropriate environmental review in accordance with the California Environmental Quality Act.

3. Findings Required for Issuance of Nonresidential Demolition Authorization Permits. The zoning administrator may issue a demoli-

tion permit after the following findings are made:

a. The cultural resources evaluation is accepted as accurate and complete; and the cultural resources evaluation concludes that the building or structure is not eligible for listing on the city historic building survey.

b. The project which will replace the demolished building or structure has been, or is concurrently being, approved by the city, and an appropriate building permit has been, or is concurrently being, issued; unless some other practical hardship can be documented rendering this requirement inappropriate.

c. The property owner has been advised of the benefits of listing the property on the city historic building survey and incorporating the preservation of the historic resource into the proposed project.

d. The cultural resources evaluation determines that the resource is eligible for listing on the city historic building survey, appropriate environmental review has been completed in accordance with the California Environmental Quality Act, and the zoning administrator can make a finding of overriding consideration that the replacement project will have public benefits which will outweigh the impact of loss of the historic resource.

(Ord. 2012-19 § 6 (part), 2012).