Sec. 17-144. - Certificate of appropriateness for removal

(a)

Discretionary review of demolition permits. The demolition of a historic landmark, buildings in a historic district, or potential historic resource as described by this article is considered to be a discretionary permit and subject to the California Environmental Quality Act (CEQA) and Permit Streamlining Act. Therefore, a demolition permit shall not be issued until the requirements of Division 4 herein have been met.

(b)

Demolition review and conditions.

(1)

The demolition of a landmark or structure located within a historic district shall be referred to the planning commission for review and conditions.

(2)

Where appropriate, the planning commission may require that a memorial of the resources be incorporated into the proposed redevelopment of the site. Some examples are a photographic display, a book or pamphlet, an exhibit, re-use of original fixtures, and other methods deemed appropriate by the commission.

(c)

Concurrent processing of demolition permits and replacement plans.

(1)

No permit to wholly or partially demolish, remove, or relocate a historic landmark, building in a historic district, or potential historic resource shall be considered unless accompanied by complete applications for approvals necessary for the proposed new construction on the site.

(2)

A demolition permit may not be issued until the building permit for the replacement structure is issued.

(3)

Staff may refer the request for the replacement structure to the planning commission for advisory direction.

(4)

Exceptions may be granted to this section when compelled by public safety due to eminent hazard as determined by the public works director.

(d)

Criteria for approval of certificates of appropriateness. The planning commission, or the city council upon appeal, shall issue a certificate of appropriateness only when it determines the following conditions exist as applicable in each case:

(1)

In the case of the whole or partial demolition or removal of a landmark or structure located within a historic district:

a.

The structure and/or site is a hazard to public health or safety and repairs or stabilization are not physically possible; or

b.

The site is required for a public use which will be of more benefit to the public than the historic resource, and there is no feasible alternative location for the public use; or

c.

Removal of the resource to another site is not feasible or practical; or

d.

For a building in a historic district, the proposed replacement structure will not detract from or adversely affect the character of the historic district; or

e.

For a partial demolition or removal, such action will not result in the loss of the essential elements that make the resource significant.

(2)

In the case where the applicant has requested consideration for approval of whole or partial demolition or removal on the basis of economic hardship:

a.

It is not feasible to remove the resource to another site or otherwise preserve it; and

b.

The denial of the proposed work will work an immediate and substantial hardship on the applicant because of condition peculiar to the particular improvement; and

c.

The property cannot be put to a reasonable use or the owner cannot obtain a reasonable economic return there from without approval of the proposed work.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)