Tuolumne County Municipal Code Ch. 14.08 Demolition of Buildings and Structures

Sections:

• 14.08.010 Purpose.

• 14.08.020 Review required.

• 14.08.030 Exceptions to review process.

• 14.08.040 Establishment of Historic Preservation Review Commission Demolition Review Committee.

• 14.08.050 Procedures for reviewing and acting on demolition proposed in building permits outside of

• H district.

• 14.08.060 Appeals of decisions of the Historic Preservation Review Commission Demolition Review

• Committee.

• 14.08.070 Effective date of permits.

• 14.08.080 Application for building permit for demolition outside an H district.

• 14.08.090 Consideration of building permit for demolition.

• 14.08.095 Alternative procedures for reviewing and acting on demolition proposed in building permits

• outside of H district.

• 14.08.100 Maintenance of vacated lots after demolition.

• 14.08.110 Violation; enforcement.

• 14.08.115 Violation permit penalty.

Chapter is to establish the procedures for evaluating requests for building permits for demolition of buildings, structures or objects 50 years of age or older located outside of the H (Historic) zoning district.

permits for demolition of buildings, structures or objects 50 years of age or older shall be reviewed as provided herein. No person may demolish, and no building permit for demolition may be issued for, a building, structure or object 50 years of age or older, in all zoning districts outside of the H district, without approval pursuant to this Chapter, except as provided in 14.08.030.

Building permits for demolition of a building, structure or object 50 years of age or older are exempt from the procedures provided in this chapter when a building, structure or object has been determined by the chief building official to be an imminent hazard to public safety either to the subject property or to neighboring properties.
The community development department staff will measure and photodocument the cultural resource prior to demolition, where concerns for safety permits. Photodocumentation shall adhere to the guidelines for photodocumentation established by the board of supervisors.

Preservation Review Commission Demolition Review Committee. A historic preservation review commission demolition review committee is hereby established to review and take action on requests for applications for building permits for demolition outside the H zoning district, pursuant to this Chapter. The committee shall be comprised of three representatives of the historic preservation review commission as determined by that commission.

on demolition proposed in building permits outside of H district. The community development director shall schedule a regular date and time each week for the historic preservation review commission demolition review committee to consider complete applications for building permits for demolitions outside of the H district. Scheduling of applications for demolition review committee review shall comply with California’s open meeting laws. The demolition review committee shall meet and take action to approve or conditionally approve the demolition proposed in the building permit. A quorum of the demolition review committee must be present to conduct

14-18 business. A quorum shall consist of no fewer than two (2) members of the committee. The committee shall determine if the application is complete. To be complete, an application may be required to include completed DPR 523 forms for the building, structure or object proposed for demolition. If the application is determined to not be complete, the committee shall specify what additional information is required to make it complete and continue consideration of the application until all required information has been submitted. If, after reviewing the complete application and considering any public testimony, the committee is unable to take action with a quorum present and voting thereon, the proposed demolition shall be deemed approved by the County Ordinance Code.

Preservation Review Commission Demolition Review Committee. Appeals of decisions of the historic preservation review commission demolition review committee shall be as set forth in Section 17.68.130 of this code except that appeal of the demolition review committee decision shall be directly to the board of supervisors. An appeal must be submitted in writing within 10 days of the decision by the historic preservation review commission demolition review committee. No fee shall be charged for such an appeal to the board of supervisors.

permits for demolition subject to Section 14.08.020 and issued pursuant to Section 14.08.050 shall not become effective until any appeal filed pursuant to Section 14.08.060 has been concluded, or the time for filing an appeal has expired.

demolition outside an H district.

A. Each application for a building permit for demolition shall be accompanied by a scaled site plan showing the location of all existing vegetation, buildings, structures, objects, sites, or improvements existing on the property, and showing the locations of all existing vegetation, proposed buildings, structures, objects and improvements to be constructed, altered in exterior appearance, demolished, removed or relocated. The application shall also include drawings, photographs and such written description as may be necessary to accurately illustrate the front, side and rear elevations of any buildings, structures, objects, or improvements proposed to be altered in exterior appearance, demolished, removed or relocated. Additional information deemed necessary for evaluation of the impact of the proposal may be required by the community development department or the Historic preservation review commission demolition review committee including, but not limited to, the age of the cultural resource, history of the ownership of the cultural resource, a report from a licensed structural engineer with experience in rehabilitation as to the resource's soundness and its suitability for rehabilitation or completed DPR 523 forms for the building, structure or object proposed for demolition.

B. Applications for building permits for demolition based upon a claim that the owner would have very limited economic use of the property unless the structure is demolished shall be accompanied by such economic and financial data as needed to substantiate such claim including the cost, assessed value, taxes, appraisals, listings and income (if applicable) from the property. The historic preservation review commission demolition review committee may additionally request an estimate of the rehabilitation costs necessary to restore the cultural resource to active use (if the cultural resource is currently unused) prepared by a qualified professional and a description of the project proponent's proposed plans for the parcel after demolition. In evaluating the request, the community development department or the historic preservation review commission demolition review committee may request additional documentation substantiating the claim of economic hardship from the project proponent.

demolition.

A. When considering an application for demolition of a cultural resource located outside the H zoning district, the historic preservation review commission demolition review committee may approve or conditionally approve the demolition based upon the significance of the cultural resource according to Tables 14.06(A), 14.06(B) and 14.06(C) in Chapter 14.06 and subject to the following findings:

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1. The owner would have very limited economic use of the property unless the structure is demolished based upon information supplied pursuant to Section 14.08.080(B), or

2. The proposed demolition substantially complies with the following standards:

a. The physical integrity of the cultural resource is no longer evident;

b. The streetscape within the context of the surrounding cultural resources would be unaffected;

c. The cultural resource has not suffered from willful neglect by the current owner; and

3. The project proponent has made a bona fide effort to preserve the cultural resource and all efforts have failed resulting in a finding that the cultural resource cannot feasibly be remodeled or rehabilitated and it is unlikely that pursuit of County sponsored incentives, such as property tax reductions, loans, grants, or state and/or federal tax credits or grants to subsidize the preservation of the property will yield a reasonable return on the property.

B. The historic preservation review commission demolition review committee may establish mitigation for demolition of a cultural resource including any or all of the following:

1. Recording the cultural resource on appropriate DPR 523 form(s), if not previously recorded.

2. Photodocumentation of the cultural resource as prescribed in the guidelines for photodocumentation established by the board of supervisors.

3. Monitoring of the parcel by a qualified professional during demolition.

4. Use of original fixtures and design features in new construction on the parcel.

5. Other methods as deemed appropriate.

and acting on demolition proposed in building permits outside of H district. Applicants for building permits for demolition of buildings, structures or objects 50 years of age or older outside of the H zoning district shall have the option to submit the application for consideration by the historic preservation review commission demolition review committee as the decision making body in accordance with Section 14.08.050 or to submit the application for consideration by the community development director as the decision making body. If the applicant chooses consideration by the community development director, the applicant shall submit a cultural resource study prepared by a qualified professional on the list of consultants maintained by the community development department evaluating the significance of the building, structure or object proposed for demolition and recommending mitigation measures based upon the significance of the resource. The study shall be submitted in addition to the information required in Section 14.08.080. The community development director shall review the application and shall take action to approve or conditionally approve the demolition proposed in the building permit in accordance with the findings and mitigation provided in Section 14.08.090. Appeals of the decision of the community development director may be made in accordance with Section 14.08.060.

demolition. All lots shall be maintained in a clean, safe and aesthetically pleasing manner after demolition. A security agreement may be executed by the department head with administrative authority to guarantee maintenance of the parcel(s).

of this chapter shall be enforced as provided for in Chapter 1.10 of the Tuolumne County Ordinance Code.

applicant for a permit to legalize a violation of this chapter, after service of a notice of violation, or a notice and order, in accordance with Chapter 1.10 of the Tuolumne County Ordinance Code, shall pay a violation permit processing penalty as established by the Board of Supervisors and set forth in Chapter 1.10 of the Tuolumne County Ordinance Code. This fee shall be paid in addition to the regular permit processing fee. (Ord. 3035 § 4, 2009; Ord. 2612 § 7, 2005; Ord. 2280 § 17 (part), 1999).