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A. Permit Application: Demolition permit applications for structures less than fifty (50) years of age shall be scheduled for review by the City's Director who shall determine whether the application is exempt under CEQA or whether an initial study shall be prepared, in accordance with CEQA, by City staff.
B. Director Determination: The Director shall review any initial study that has been prepared, the staff report, the documentation supporting the application, and any testimony from the applicant, and make a determination of the historical significance of the structure proposed to be demolished.
1. If the Director determines that the structure has no historical significance and demolition of the structure is determined to be exempt from the preparation of a negative declaration or environmental impact report under CEQA, the Director shall thereafter issue the demolition permit in accordance with this Code.
2. If the Director determines that the structure may have historical significance and/or that its demolition requires the preparation of a negative declaration or an environmental impact report under CEQA, the demolition permit application shall be referred to the City's Historic and Scenic Preservation Commission for further review and action. (
(Ord. 2899 §5, 2019)
A. Demolition permit applications for structures fifty (50) years of age and older shall be scheduled for review by the Historic and Scenic Preservation Commission, and an initial study shall be prepared in accordance with CEQA by City staff. Notice of the commission's meeting shall be given to the applicant and the public in accordance with the City's guidelines implementing CEQA. Review of such applications shall occur in accordance with subsections B and C of this section.
B. Upon referral of a demolition permit application from the Director, the Historic and Scenic Preservation Commission shall schedule the application for review, with at least ten (10) days' prior written notice provided to the applicant and the public. A report shall be prepared by the City's Historic Preservation Officer regarding the application and, if the structure proposed for demolition is part of a Fire Department training exercise, a representative of the Fire Department shall also review and sign the report as "concurring" with its contents prior to its distribution to the Historic and Scenic Preservation Commission. A copy of the report shall be provided to the applicant.
C. The Historic and Scenic Preservation Commission shall determine the potential historical significance of the structure and the need for any further environmental review, and make its own determinations whether the structure is historically significant and/or subject to further environmental review under CEQA. The commission may then subsequently approve, condition or deny the permit application after completion of any required environmental review. Following action by the commission, the Historic Preservation Officer shall notify the applicant (and in the case of a fire training exercise, the Fire Chief) in writing of the determination of the commission and the applicant's right of appeal pursuant to section 15.44.080 of this chapter.
1. If the commission determines that the structure has no historical significance and the permit application is approved, the application shall be exempt from further review by the City under this chapter unless an appeal is made to the City Council. If no appeal is filed within the time provided for by this chapter, the Community Development Department shall thereafter issue the demolition permit in accordance with this Code.
2. If the commission determines that the structure has historical significance, the commission shall conduct the appropriate environmental review and subsequently approve, condition or deny the application.
(Ord. 2899 §5, 2019)
A. Any person may appeal a decision of the Historic and Scenic Preservation Commission to the City Council. The person making the appeal shall file the same within ten (10) days of the date of the commission's decision with the City Clerk. The appeal shall be in writing, on the form provided by the City Clerk, and shall be accompanied by payment of the applicable fees. Upon receiving a request for an appeal to the City Council, the City Clerk shall notify the applicant for the demolition permit, in writing, and shall place the appeal on the agenda for the next regular Council meeting scheduled to be held at least ten (10) days after the date on which the appeal is received.
B. At the appeal, the City Council shall hear testimony from the applicant, staff and the public concerning the historical, architectural or cultural significance of the structure. After considering the determination by the commission, together with all testimony from interested persons, the City Council shall confirm, modify or reject the decision of the commission.
C. After hearing testimony at the public hearing, if the City Council determines that the demolition of the structure is justified, the permit to demolish the structure shall be issued in accordance with this Code. If the City Council determines, after hearing evidence at the public hearing, that the demolition shall be postponed as ordered by the commission, the demolition permit shall not be issued until expiration of the period for delay imposed by the commission. The decision of the City Council shall be final.
(Ord. 2899 §5, 2019)
A. The City shall identify potentially feasible measures to mitigate significant adverse changes in the significance of a historical resource. The City shall ensure that any adopted mitigation measures to mitigate or avoid significant adverse changes are fully enforceable through permit conditions, agreements or other measures. In rendering any decision under this chapter, the City recognizes that a project which is mitigated or conditioned to follow the Secretary of the Interior's "Standards for the Treatment of Historic Properties With Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings"; or the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (1995), Weeks and Grimmer, shall be considered as mitigated to a level of less than a significant impact on the historical resource.
B. In addition to any mitigation measures that might be imposed pursuant to the authority of CEQA, the City shall have the right to reasonably condition the issuance of a demolition permit to further the goals of this chapter and to protect the public health, safety and welfare interests of its citizens.
C. If a demolition permit application is conditioned by the imposition of a delay of its issuance, the City shall reasonably cooperate with the applicant and the owner of the structure for the purposes of saving the structure through purchase of the property, relocating the structure, or by any other means to rescue the structure from demolition, in the shortest time possible. The City shall make every reasonable effort to provide for the preservation of the structure, but nothing in this chapter shall require the City to purchase, relocate or otherwise expend City funds in connection with the efforts to save the structure.
(Ord. 2899 §5, 2019)
A. On or after the eligible date for demolition to occur, the applicant may obtain the demolition permit from the Development Services Department. After verifying that the demolition permit process has occurred in compliance with this Code, the Development Services Department shall issue a demolition permit.
B. In the event demolition of the structure is part of a Fire Department training exercise, the Fire Department shall obtain a copy of the demolition permit from the owner of the structure. Prior to the training exercise, a copy of the demolition permit shall be affixed to the structure. The City's Fire Chief shall personally inspect and verify that a copy of the demolition permit is affixed to the structure prior to initiating the training exercise.
(Ord. 2899 §5, 2019)
Nothing in this chapter shall prevent the alteration, repair or demolition of any structure to remedy a condition determined dangerous to the general public by the City's Development Services Department.
A. Structures Having Historical Significance: In the event a structure has been damaged by fire, flood, earthquake or other calamity to such an extent that, in the opinion of the City, the structure cannot be reasonably repaired or restored, the structure may be demolished or removed in accordance with State and City laws governing dangerous structures.
B. Structures Having Historical Significance: In the event a structure has been damaged by fire, flood, earthquake or other calamity to such an extent that, in the opinion of the City, the structure cannot be reasonably repaired or restored, the structure may be demolished in accordance with State and City laws governing the emergency demolition of dangerous buildings having historical significance. Such City laws shall be adopted by resolution of the City Council and shall be incorporated into the City's disaster management plans adopted pursuant to title 2, chapter 2.52 of this Code.
(Ord. 2899 §5, 2019)
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