14.01.100 Demolition of historic resources.
A. Intent. Listed historic resources are an irreplaceable community resource that merit special protection to preserve them for future generations, and shall not be demolished unless the city council makes all of the findings specified in subsection D of this section; provided, however, that these thresholds shall not apply to repairs to listed historic resources that do not require a building permit, or where the CHC or the director has determined such work is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and with the Historic Preservation Program Guidelines.
B. Demolition Review. The CHC shall review and make recommendation to the city council concerning demolition applications for structures listed in the inventory of historic resources.
C. Demolition Thresholds. Demolition permits for structures which are included on the inventory of historic resources shall be required for:
1. Alterations to or removal of greater than twenty-five percent of the original building framework, roof structure, and exterior walls; and
2. Relocation of such resources to a site outside the city limits.
D. Required Findings for Demolition of a Historic Resource. The decision-making body shall approve an application for demolition of a structure listed in the inventory of historic resources only if it determines that the proposed demolition is consistent with the general plan and:
1. The historic resource is a hazard to public health or safety, and repair or stabilization is not structurally feasible. Deterioration resulting from the property owner’s neglect or failure to maintain the property should not be a justification for demolition. The applicant may be required to provide structural reports, to the approval of the community development director or city council, to document that repairs or stabilization are not feasible; or
2. Denial of the application will constitute an economic hardship as described under subsections (J)(1) through (3) of this section.
E. Demolition Timing. City regulations provide for a ninety-day waiting period before demolition of a listed historic resource to allow consideration of alternatives to preserve the building through relocation and/or property trades. The chief building official shall not issue a permit for demolishing a historic resource, except where the chief building official determines a listed historic resource may pose an imminent demonstrable threat to human life and safety, until:
1. Public notice requirements in the city’s demolition and building relocation code have been met; and
2. A construction permit is issued for a replacement building; and
3. All permit fees for the new development are paid. Where no new development is proposed, the property owner shall provide to the director’s satisfaction, financial guarantees to ensure demolition plans and conditions of approval are implemented.
F. Historic and Architectural Documentation. Before the issuance of a demolition permit for structures listed in the inventory of historic resources, the resource and its site shall be documented as specified in city standards, to the satisfaction of the CHC and the director. The documentation shall be retained in a secure, but publicly accessible, location.
G. Historic Acknowledgement. An acknowledgment of demolished resources shall be provided through historic signage and/or the reuse or display of historic materials and artifacts on site, at the owner’s expense, to the director’s approval.
H. Code Requirements. Demolitions shall follow standards and procedures in the demolition and building relocation code and California Building Code as locally amended.
I. Expiration of Demolition Approval. Demolition approval of a listed historic resource shall expire two years after its date of approval, unless a building permit has been issued and construction has begun. A one-year extension may be granted by the director. Additional time extensions shall require reapplication to and approval by the CHC.
J. Economic Hardship. An economic hardship provision is established to ensure that denial of a demolition permit does not impose undue hardship on the owner of a historical resource. If the applicant presents evidence clearly demonstrating to the satisfaction of the CHC or the city council that the action will cause an extreme hardship, the CHC may recommend approval, and the council may approve or conditionally approve a demolition or other application to modify a listed historic resource even though it does not meet one or more standards set forth herein. The applicant shall be responsible for providing substantiation of the claim to the director, who shall review the information with the director of finance and make a joint recommendation to the CHC on the hardship request. The CHC shall consider and make a recommendation to the council regarding the financial impacts of denial of the demolition permit. Private financial information shall be maintained in confidence by the city. The CHC is authorized to request that the applicant furnish information, documentation and/or expert testimony, the cost of which shall be paid by the applicant, to be considered by the committee in its related findings. All additional required information shall be provided by a qualified individual or firm approved by the director. In determining whether extreme hardship exists, the committee and council shall consider evidence that demonstrates:
1. Denial of the application will diminish the value of the subject property so as to leave substantially no economic value, after considering other means of offsetting the costs of retaining the historic resource, including, but not limited to, tax abatements, financial assistance, building code modifications, changes in allowed uses, grants; or
2. Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district; or
3. Utilization of the property for lawful purposes is prohibited or impractical. (Ord. 1557 § 3 (part), 2010)