§ 23-1-13 Demolition or moving of structures.
It is the intent of this article to preserve the historic and architectural resources within HP Districts. However, it is recognized that there can be circumstances beyond the control of the owner or situations involving public health, safety and welfare which may result in the necessary demolition of a structure within an HP District. These situations include a building which constitutes a danger to the public health, safety and welfare, which involves a resource whose loss does not diminish or adversely affect the integrity of the district or which imposes an economic hardship on its owners.
(A) No permit shall be issued by the Building Official to move or demolish all or any part of a house, building or other structure in an Historic Preservation District without a Certificate of Demolition Approval.
(B) Requests for demolition approval shall be considered in the following manner:
(1) The Building Official shall refer an application for a demolition permit to the HP Officer;
(2) Within three days the HP Officer shall make a determination if a demolition approval can be issued. Criteria used to make this determination shall be:
(a) The structure is of no historic or architectural value or significance and does not contribute to the historic value of the property; and
(b) Loss of the structure would not adversely affect the integrity of the HP District or the historic, architectural or aesthetic relationship to adjacent properties and its demolition shall be inconsequential to historic preservation needs of the area;
(3) If a demolition approval cannot be granted, the applicant for the demolition permit may request a public hearing. If filed, such application shall contain a completed request for Certification of Economic Hardship;
(4) Upon receipt of a request for demolition approval hearing, the HP Officer shall review the application and shall conduct a public hearing within 14 days. Notice of the application shall be posted on the property at least five days before the date set for the public hearing. The HP Officer shall review the application in light of § 23-1-14 and subsections (B)(2)(a) and (b) above and the evidence presented at the hearing and shall either grant or deny the demolition approval;
(5) Any person aggrieved by the HP Officer’s decision may, within five days of his or her action, appeal to the HP Commission. If appealed, the matter shall be set on the next available agenda of the Commission. Notice of the hearing shall be mailed to the applicant at least seven days prior to the hearing and shall be posted on the property five days prior to the hearing;
(6) The Commission’s decision shall be final unless appealed by either the applicant or any aggrieved person within five days of the action. If appealed, the matter shall be set for a public hearing before the City Council at their next available meeting. The hearing shall be noticed and the property posted in accordance with subsection (B)(5) above;
(7) In the event the initial hearing on an appeal to the HP Commission is not held within 60 days of the date the request for a demolition approval hearing was filed, the application shall be deemed approved;
(8) The City Manager or his or her designee shall give written notice to the HP Officer that a building located in an HP District is the subject of a proposed demolition pursuant to a legal hearing process. The City Manager or his or her designee shall provide such notice at the same time that notice of a hearing on the demolition is given to the owner and any lienholders of the building. Upon receipt of such notice, the HP Officer shall give notice to any person who has requested to be notified of such pending demolition hearings. The HP Officer shall also place an item on each agenda of the HP Commission to discuss any demolition notices in an HP District. The notice provisions of this section shall not apply if the City Manager or his or her designee is entitled as a matter of law to order that a building be demolished in whole or in part without notice and hearing because the condition of the building is so dangerous, and harm to the public is so imminent that time will not permit a notice and hearing process. The City Manager or his or her designee shall also give notice to the HP Officer in writing that a demolition order has been issued for the building by the City Manager or his or her designee because the building constitutes a danger to the public health, safety and welfare;
(9) An application for a demolition permit shall be exempt from the demolition review requirements of subsections (A) and (B) of this section. If the City Manager or his or her designee notifies the HP Officer in writing as required in subsection (B)(8).
(C) If a demolition approval is not granted, then no demolition permit shall be issued for a period of one year from the date on which the request for demolition approval was denied by the Historic Preservation Officer, unless a subsequent demolition approval has been requested and granted pursuant to subsection (B)(2) of this section:
(1) Upon denial of a demolition approval, the HP Officer shall contract the property owner to determine what available assistance might be feasible to place the property into productive use;
(2) If a feasible rehabilitation or use is not found for the property, the HP Officer shall investigate methods of private or public acquisition of the property.
(D) For properties designated as landmarks, the restraint of demolition shall be three years. Review upon request by the owner may be made after two years. Procedures shall be as follows: two years after denial of a demolition approval, if no feasible use or ownership is found for the structure, the owner may request of the HP Commission a waiver of all or a part of the balance of the restraint of demolition. Factors to be considered by the Commission shall include:
(1) Efforts made by the property owner to make necessary repairs, to find an appropriate user or to find a purchaser for the property; and
(2) Efforts made by the HP Officer to locate available assistance and make that known to the owner as well as the use which was made by the owner of that assistance.
(E) If a demolition approval is granted on any basis other than that of economic hardship or denied and the restraint of demolition under subsections (C) or (D) above has expired, then the Building Official shall not issue a demolition permit until a redevelopment or reuse plan for the property has been filed with the HP Officer. The plan may be filed at any time following denial of the demolition request and shall be in compliance with existing zoning, the General Plan and any adopted Specific Plan, and the HP design guidelines applicable to the property. Vacant land or non use shall not be considered responsive to this requirement. Upon notification from the HP Officer that an approved reuse or redevelopment plan has been filed, the Building Official may issue a demolition permit at any time within one year from the date of the expiration of the demolition restraining or the grant of approval for demolition by the HP Officer. If the applicant fails to obtain a demolition permit within the one year period authorized above, the HP Officer may grant an extension of up to six months due to unforeseeable conditions preventing or inhibiting demolition. If demolition is not completed within the one year period, or any extension thereof, the Building Official shall not issue a demolition permit until the applicant has made a new application for demolition approval as provided in subsection (B) of this section.
(1) The filing of a reuse or redevelopment plan shall not be required when demolition of the building in whole or in part will occur pursuant to an order of the City Manager or his or her designee to protect the public health, safety and welfare.
(2) The requirement for filing a redevelopment or reuse plan shall be waived by the HP Officer if, following demolition, no historic feature will remain in the HP District and upon a finding that such requirement is unnecessary to assure compatibility with other HP designated properties in the vicinity.
(3) The HP Officer shall make a decision on a request for a waiver within three days of receipt of the request. The applicant or an aggrieved person may appeal the decision of the HP Officer within five days of the action. Upon receipt of an appeal, it shall be placed on the next available agenda of the HP Commission which shall conduct a public hearing. Notice of the hearing shall be posted on the property at least five days prior to the hearing. At the hearing, the Commission shall either grant or deny the request. The Commission’s decision shall be final unless appealed by the applicant or an aggrieved person within five days of the action. If appealed, the matter shall be set for a public hearing before the City Council on its next available agenda. Notice of the hearing shall be mailed to the applicant at least seven days prior to the hearing and shall be posted on the property at least five days prior to the hearing. If a waiver is approved, the Commission shall, upon demolition or removal of the structure, initiate an application to remove the HP designation from the property.
(F) Any new development on the property shall be in conformance with the plan submitted in conjunction with the demolition approval. Any changes from the plan shall require a certificate of appropriateness.
(G) A demolition approval may be conditioned on stipulations which provide for rights of access to the property for the purposes of documentation or for agreed upon removal of artifacts. (Ord. 2001-748, passed 6-25-2001)