§ 17.62.090. Alteration, Demolition, or Relocation of a Historic Resource

A.

Exception to Certificate of Appropriateness requirement. A Certificate of Appropriateness is not required for properties already entitled for demolition or major alteration through an adopted Master Development Plan, Planned Development, Development Agreement, Adjustment Permit, Use Permit, Variance or similar land use approval - or for demolitions analyzed and cleared through an adopted negative declaration, mitigated negative declaration, or certified EIR.

B.

Compliance with Section. No person, owner, or other entity shall undertake a major or minor project to a designated historic resource or historic resource eligible for designation or new construction in a landmark or historic district as defined below without first obtaining approval in compliance with this Section.

C.

Application submittal requirements.  

1.

Any person, owner, or entity applying for a permit for exterior work that substantially alters, demolishes, or relocates a designated historic resource or historic resource eligible for designation, for work that alters a designated interior or alters or removes a fixture designed by Greene and Greene, or by Charles or Henry Greene, or for new construction in a designated district shall submit to the Department an application for a Certificate of Appropriateness, plans, specifications and/or other documentation pertaining to the work as required by the Director.

2.

Alterations not requiring a Building Permit, but identified for Design Review in an adopted conservation plan shall be subject to the same submittal requirements.

D.

Compliance with California State Historical Building Code.  

1.

Any designated historic resource may, upon request of the applicant for a permit, be subject to the provisions of the California State Historical Building Code if the work is required to comply with the Secretary's Standards.

2.

The California State Historical Building Code may also apply to an un-designated property if the Director determines that the property qualifies for a historic designation.

E.

Review procedures for historic resources.  

1.

Category 1 review procedures. Category 1 review procedures shall apply to all designated historic resources.

a.

Decision within 30 days. If the proposed work is a major or minor project that affects a designated historic resource, the Director or the Historic Preservation Commission as required by this Chapter shall render a decision within 30 days after receiving a complete application, provided the work is not part of a project that requires an Initial Study or Environmental Impact Report.

b.

Major project. The Historic Preservation Commission may approve, approve with conditions, or disapprove a Certificate of Appropriateness for a proposed major project.

c.

Minor project. The Director may approve, approve with conditions, or disapprove a minor project.

d.

Economic Hardship Variance. At the time of application for a Certificate of Appropriateness, an applicant may apply to the Historic Preservation Commission for an Economic Hardship Variance.

(1)

Proof of economic hardship. The application shall include proof by the owner of the property of economic hardship.

(2)

Documentation required by Director. The Director may require the documents and/or testimony necessary to substantiate a claim of economic hardship.

(3)

Findings for Economic Hardship Variance. The approval of an Economic Hardship Variance shall be based on the findings that:

(a)

The owner of the property is qualified as very-low or low income; and

(b)

If the Certificate of Appropriateness is for an income-producing property, the property is not in a state caused by demolition by neglect.

2.

Category 2 review procedures. Category 2 review procedures shall apply to an eligible or potentially eligible historic resource.

a.

Decision within 30 days. If the proposed work is a major project affecting a historic resource determined eligible for designation, the Historic Preservation Commission or Director shall render a decision within 30 days of the submittal of a complete application, provided the work is not part of a project that requires another discretionary action requiring an Initial Study or Environmental Impact Report.

b.

Director's determination of compliance with criteria. In reviewing a proposed major project except demolition and front yard fences or walls affecting a historic resource that is not designated, but determined to be eligible for designation, the Director shall determine if the historic resource meets the criteria for designation as a historic monument, landmark, or for listing in the National Register, or is a contributing structure to a potential historic district.

c.

Determination of alteration or new construction as a significant adverse effect. If the work is not part of a project that requires another discretionary action and the historic resource meets the criteria for one of the above designations or listings or has a 2, 3, 4 or 5S2 status code in a historic resources survey, the Director shall determine if the proposed major project constitutes:

(1)

A significant adverse effect; or

(2)

Not a significant adverse effect.

d.

If not a significant adverse effect. If a major project does not constitute a significant adverse effect, the Director shall approve the project.

e.

If a significant adverse effect. If a project would result in a significant adverse effect, the Director may delay the project for a period up to but not exceeding 180 days.

f.

Director's efforts during delay. During the delay period, the Director may work with the applicant on modifying the design so that its meets the Secretary's Standards, relocating the structure to another site or identifying other alternatives for preservation.

g.

If a significant adverse effect that can be mitigated. If a project would result in a significant adverse effect that can be mitigated, the Director may approve the major project with conditions that comply with the Secretary's Standards.

h.

Demolition project. If a project involves a demolition of a historic resource determined eligible for designation with a 2, 3, 4, 5S2, or 5D2 status code as defined by the State Office of Historic Preservation's Historical Resources Status Codes, the Historic Preservation Commission shall review the application at a public hearing noticed and conducted in compliance with Chapter 17.76 (Public Hearings).

i.

Historic Preservation Commission's action to delay demolition. The Historic Preservation Commission may delay the demolition for a period of up to but not exceeding 180 days.

j.

Historic Preservation Commission's efforts during delay. During the delay period, the Historic Preservation Commission may work with the applicant on modifying the design so that it meets the Secretary's Standards, relocating the structure to another site, or identifying other alternatives for preservation, or it may proceed with the designation of the property as a historic monument or landmark.

k.

End of delay period. At the end of a delay period established by either the Director or Historic Preservation Commission, the Director shall issue the certificate of appropriateness, which may include any changes to the original project that were agreed upon during the delay period.

3.

Required findings for approval of a Certificate of Appropriateness. Approval of a Certificate of Appropriateness shall be based on the following findings:

a.

If a project is a demolition or relocation, including demolition in a historic or landmark district, the project will not cause a significant adverse effect as defined in the State CEQA guidelines; or

b.

If a project is an alteration or new construction, the project complies with the Secretary's Standards or adopted guidelines based on the Secretary's Standards.

4.

Additional findings for demolition of historic resources (excluding non-contributing structures). In addition to the findings required in Section 17.62.090.E.3, the Commission must make one of the following findings to approve demolition of a designated historic resource:

a.

The building has experienced severe structural damage and there is substantial evidence to support this conclusion from at least two sources (e.g., structural engineer, architect); or

b.

No economically reasonable, practical, or viable measures could be taken to adaptively use, rehabilitate, or restore the building or structure on its existing site—and there is substantial evidence to support this conclusion from at least two sources (e.g., structural engineer, architect); or

c.

A compelling public interest justifies demolition.

5.

Conditions of approval. As a condition of approval for demolition, the Commission may require historic materials to be salvaged from a property, and it may require archival-quality photo-documentation of the building and/or architectural drawings similar to those required for the Historic American Buildings Survey (HABS).

(Ord. 7163 § 11, 2009; Ord. 7160 § 63, 2009; Ord. 7099 § 49, 2007)