Chapter 18.83 — Demolition Review

This Chapter establishes procedures and criteria for the review of demolition requests to historic resources in order to implement the requirements of the -HP District and the goals and policies of the Historic Resources Element of the Downtown Specific 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.

• B. Building permits. No building permit shall be issued for any demolition until the demolition has been evaluated through the Demolition Review process and a Certificate of Economic Hardship or other approval required by this Chapter has been granted.

• C. Exemption. The Director may exempt a Demolition Review application from the requirements of this Chapter as follows:

  1. The Director may authorize the removal or demolition of a historic resource if the Director finds 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. The Director may require that the materials of the demolished historic resource be used in a new development on the site and/or that the historic building form of the original historic resource be replicated in development on the site.

  2. The Director may authorize the removal of a portion of a historic resource as part of a restoration, rehabilitation or adaptive reuse project as follows:

     • a) Restoration Projects: Removal of a portion of a historic resource may be allowed as part of a restoration project which proposes to return the property to a specific period of significance, allowing the removal of later additions to the structure, consistent with the Secretary of Interior’s Standards for restoration projects. When it is unclear from the historic resource inventory record which features may appropriately be removed under the restoration guidelines, the application shall provide documentation from a

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qualified consultant to support the proposed removal. Peer review of the documentation may be required by the Director.

• b) Rehabilitation/Adaptive Reuse Projects: Removal of a portion of a structure as part of a rehabilitation or adaptive reuse project may be allowed subject to the following criteria:

  • 1. The proposed exterior modifications do not involve the removal of a characterdefining feature identified in the historic resource inventory record for the property;
  • 2. The proposed exterior modifications are consistent with any identified restoration opportunities in the historic resource inventory record for the property; and
  • 3. The applicant has provided documentation from a qualified historic consultant to confirm that the proposed exterior modifications will not negatively impact the historic rating of the building.

• D. Illegal Demolitions. The unpermitted removal of a historic structure without complying with the Town’s Demolition Review procedures is considered an illegal demolition and shall be subject to the provisions of Section 18.83.050 (Enforcement). Includes the removal of a historic structure from a property due to a lack of proper maintenance (i.e., “demolition by neglect”).

• A. Commencement of review. The Demolition Review process is initiated when the Director receives completed applications for Demolition Review and for a Certificate of Economic Hardship. The application packages shall include all plans, elevations, specifications, sample materials, etc. as specified in the application and any additional information required by the Director 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 18.70.030 (Concurrent Permit Processing). The Director 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 Historic Preservation Advisory Commission. The Demolition Review application shall be forwarded to the Historic Preservation Advisory Commission (HPAC) for review. The HPAC 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 Director.

• D. Factors to be considered. In conducting a Demolition Review for a particular project, the Director shall consider the classification category of the historic resource (Category A, B, or C) and the location and the overall effect of the proposed demolition upon surrounding properties and the Downtown Study Area in general. Demolition Review shall be conducted by comparing

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the proposed demolition to applicable General Plan policies, the Downtown Study Area Specific Plan, adopted development standards, design guidelines and other applicable ordinances of the Town.

• E. Reference to Certificate of Economic Hardship and Historic Design Guidelines. In reviewing demolitions subject to the requirements of this Chapter, the review authority shall consider the standards and guidelines of Section 18.77.060 (Certificate of Economic Hardship) and Chapter 18.26 (Historic Preservation Design Guidelines).

• F. Action, conditions. The review authority may approve a proposed demolition in compliance with Section 18.83.040 (Findings and Decision). The Director or review authority may impose conditions upon the demolition to ensure that the project would meet all of the required findings. The review authority may require that the materials of the demolished historic resource be used in a new development on the site and/or that the historic building form of the original historic resource be replicated in development on the site.

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

  1. The findings for a Certificate of Economic Hardship can be made and a Certificate of Economic Hardship is granted in compliance with Section 18.77.060 (Certificate of Economic Hardship); or

  2. In conjunction with the findings for a land use permit for a replacement structure or use, 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.

• B. Category C (Supporting Rating) Resources. Following a public hearing, the review authority may grant Demolition Review approval, with or without conditions and authorize the demolition of a Category C historic resource 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 Town Council. The review authority may determine that only a portion of the documentation cited in Section 18.77.060.C is required to demonstrate economic feasibility;

  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; or

  3. 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.

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The illegal demolition of a historic structure shall be subject to the following requirements:

• A. The property owner shall be required to submit an after-the-fact Historic Design Review application for review by the Historic Preservation Advisory Commission (HPAC).

• B. The Historic Design Review application shall include documentation from a qualified historic consultant analyzing the impact of the illegal removal of the structure from the property and determination on any impacts to the categorization of the historic resource.

• C. The HPAC shall make a recommendation to the Town Council on the illegal demolition and the impact to the categorization of the historic resource, as well as recommendations for the reconstruction of the demolished structure in the same design (e.g., size, height, location and building footprint) as the historic structure, consistent 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.

• D. In addition to the legal remedies set forth in Section 18.200.070, the Town Council shall impose the following sanctions for violations of this Chapter:

  1. An illegal demolition shall be punishable by a fine of not more than half the appraised value at the time of demolition; and

  2. Within 30 days of Town Council action, the property owner shall apply for an after-thefact demolition permit to address cleanup of the site and abate any public nuisance and/or property maintenance issues resulting from the illegal demolition, including the removal of debris, salvage of remaining historic materials for potential reuse, and ensuring compliance with local agency and special district requirements; and

  3. 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 designed to reconstruct 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; and

  4. On properties on which an historic resource has been demolished in violation of this Chapter, or permits issued in compliance with this Chapter, the Town shall not approve or authorize any change in the use of land or structures, including non-structural uses such as parking lots, for a period of five years from the date of demolition of the historic resource. The Town 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.

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Permit Implementation, Time Limits and Extensions

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– CHAPTER 18.84 PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS

Sections:

18.84.010 - Purpose of Chapter

• 18.84.020 - Effective Date of Permits

18.84.030 - Applications Deemed Approved

18.84.040 - Performance Guarantees

18.84.050 - Time Limits and Phasing

18.84.055 - Time Extensions

• 18.84.060 - Time Extensions for Building Permits

• 18.84.070 - Changes to an Approved Project 18.84.080 - Resubmittals

• 18.84.090 - Covenants of Easement