(A) Purpose. This section describes the process for obtaining a certificate of demolition for any property listed on the Register or Inventory. No permit shall be issued by the city or staff designee to demolish a property included on the Register or Inventory without first obtaining a certificate of demolition. The approval or denial of the certificate of demolition shall be deemed a discretionary action under CEQA (California Code of Regulations, Title 14, § 15002(i)). Penalties for noncompliance with the provisions of this subchapter are described in § 153.629 (Enforcement and Penalties).
(B) Intent. It is the intent of the city that cultural resources will not be demolished unless extraordinary circumstances exist. In keeping with the purpose of the General Plan and this subchapter, cultural resources merit protection in order to encourage their retention for the benefit and enjoyment of current and future generations. The following provisions are intended to establish reasonable measures to ensure that cultural resources are not inadvertently or unnecessarily destroyed and that all feasible alternatives to their demolition are explored.
(C) Compliance with federal and state laws. Review of all applications for a certificate of demolition shall comply with applicable state and federal laws and regulations, including without limitation, CEQA, the National Historic Preservation Act and the National Environmental Policy Act.
(D) Application materials. All applications for a certificate of demolition will include:
(1) The demolition permit application, on a form prescribed by the Director;
(2) If the cultural resource has been determined an imminent hazard, documentation from the Director, including documentation from a qualified structural engineer, as defined in § 153.603 (Definitions), describing the basis for this determination;
(3) If the cultural resource has been determined to no longer meet the criteria for eligibility, documentation from a qualified architectural historian or historian as defined in § 153.603 (Definitions), describing the basis for this determination;
(4) Other materials as requested by the Director. Such materials may include (but not be limited to) current photographs of the resource(s) for which the certificate of demolition is requested; a plot plan identifying the resource(s) proposed for demolition and any other buildings, structures or historic features on the property; and documentation of any claims by the applicant regarding the condition or costs for repair of the resource.
(E) One hundred eighty-day waiting period. For any cultural resource not deemed an imminent hazard, the Director and/or Commission may delay demolition for a period of up to but not exceeding 180 days. During this period, the Commission and Director shall work with the property owner to explore alternatives to demolition, including adaptive re-use and/or rehabilitation in accordance with the Secretary’s Standards, application of the California Historical Building Code to allow for flexibility in code requirements in cases of adaptive reuse or rehabilitation, use of financial incentives such as the Mills Act historic property contract program, relocation, resale, or other provisions as appropriate.
(F) Procedure.
(1) Upon receipt of an application for demolition, a notice of intent to demolish, on a form approved by the Director, shall be prominently posted on the property.
(2) The Director or his or her designee shall review the application for demolition and confirm that all requested materials have been provided. Once deemed complete, the application will be scheduled for the next available Commission meeting.
(3) If the cultural resource proposed for demolition has been determined to be an imminent threat to public health, safety, and welfare by the City Building Official, the Director or his or her designee may approve or deny the request.
(4) All projects requiring a certificate of demolition shall require public notification. The city shall, no later than ten days prior to the hearing, issue a public hearing notice indicating the place, date, and time of the Commission meeting and include a brief description of the proposed project. Public notification shall be provided as follows:
(a) Hearing notice to applicant and owners. Public notification shall be provided to the applicant, to all owners of real property as shown on the county’s latest equalized assessment roll, and to all legal occupants located within a 300-foot radius of the subject parcel upon which a certificate is requested.
(b) Hearing notice to owners of historic district properties. Public notification for any project proposed within a locally designated historic district or a district listed on the California Register shall be as follows: the public notification described in division (F)(4)(a) above, plus the owners of real property as shown on the county’s latest equalized assessment roll and to all legal occupants of each property located within the historic district.
(5) The Commission shall review the application, staff report, and hear evidence presented by property owners and members of the public to determine if the criteria for demolition approval have been met. The Commission shall approve, deny, delay the demolition for a specified period, approve with conditions, or continue the application to obtain additional information necessary to consider the demolition request.
(6) If the demolition request is denied because it does not meet the aforementioned criteria, the applicant may request demolition approval based on a finding of economic hardship in accordance with § 153.623 of this subchapter;
(7) If the demolition request is denied, the owner or applicant may appeal the Commission’s decision in writing to the City Council within ten days of the Commission’s decision in accordance with § 153.626 of this subchapter.
(8) If a certificate of demolition approval is granted on any basis other than that of imminent hazard to public safety or economic hardship, the city will not issue a certificate of demolition approval until (1) Historic American Buildings Survey (HABS) or Historic American Engineering Report (HAER) documentation of the resource slated for demolition and its setting have been completed by a qualified architectural historian, historian, or historic architect as defined in this subchapter and (2) plans for the replacement structure have been approved by the Commission. The replacement plan must be in compliance with existing zoning, the city’s General Plan, any adopted neighborhood or specific plan for the area and applicable design guidelines. Vacant land or non-use will not constitute a valid replacement plan.
(9) The Director or his or her designee will analyze the replacement plan for its conformance with the Secretary’s Standards and other city-level design guidelines as applicable and will prepare a report with recommendations.
(a) The Commission will review the replacement plan and make a decision to approve, deny, approve with conditions or continue the matter with specific instructions as to what information is needed to make a decision on the request.
(b) If the replacement plan is denied, the owner or applicant may appeal the decision of the Commission in writing to the City Council within ten days of the decision. The City Council will hear the appeal according to § 153.626 of this subchapter.
(G) Mandatory findings. The city shall not issue a certificate of demolition for a cultural resource listed on the Register or Inventory unless the applicant has met all of the following conditions:
(1) The 180-day waiting period or other period of up to 180 days as required by the Commission has expired and all steps to explore alternatives to demolition, as described in § 153.621(E) have been explored to the Commission’s satisfaction;
(2) Any deterioration of the cultural resource is not the result of the failure of the owner to maintain the property in accordance with § 153.613 of this subchapter;
(3) As a condition of approval, all permits have been granted for the replacement structure;
(4) CEQA analysis has been conducted, and the owner has provided substantial evidence, as defined in CEQA (Cal. Pub. Res. Code § 21080(e)), demonstrating that no feasible alternative exists that would avoid a significant adverse impact to the cultural resource.
(H) Proposed demolition of properties 45 years old or older.
(1) Purpose. The Cultural Resources Chapter of the General Plan includes goals and targets intended to diminish “imminent threats to San Gabriel’s heritage” (Goal 11.4). Specifically, Target 11.4.1 specifies the creation of an ordinance that “provides protection against demolition.” This provision forwards this General Plan goal.
(2) Intent. This section shall diminish imminent threats to properties that qualify as cultural resources but have not been subject to evaluation. The section describes the circumstances in which the Director or his or her designee shall prepare, or cause to be prepared, a historic resources assessment of any property proposed for demolition that is 45 years of age or older but not included on the Register or Inventory.
(3) Applicability. If a permit is sought to demolish a property that was constructed at least 45 years prior to the date of application for demolition, the application shall be referred to the Director to make a preliminary determination as to whether the property meets national, state, or local criteria for designation, if the property:
(a) Is not already listed on the Register or Inventory;
(b) Is not the subject of a pending landmark nomination for the Register, either individually or as a contributor to a historic district.
(4) Exception, properties within recently surveyed areas. If the property proposed for demolition falls within an area of the city that was subject to a historic resource survey approved and adopted by the City Council within the last five years, and the property was not identified as a potential cultural resource, a historic resources assessment will not be required.
(5) Determination by Director.
(a) Time limit and criteria. Within a timely manner from receipt of an application to demolish a property under division (H) below, the Director or his or her designee will obtain a professional opinion from a qualified architectural historian or historian as defined in § 153.603 (Definitions) of this subchapter as to whether the property is potentially eligible for federal, state, or local listing. If the Director determines that the property is potentially eligible at the federal, state, or local level, he or she shall prepare, or cause to be prepared, with assistance from a qualified architectural historian or historian as defined in § 153.603 (Definitions) of this subchapter, an intensive-level historic resources evaluation (HRE) following practices promulgated by the State Office of Historic Preservation.
(b) Notice. The Director shall notify the property owner of the determination of the HRE in writing within a timely manner. Failure of the Director to act within 60 days shall be considered a determination that the property is not eligible for listing at the federal, state, or local level.
(c) Determination and effect.
1. If, based on a negative finding of the HRE, the Director determines that the property is not eligible at the federal, state, or local level, the permit to demolish the property shall be issued without further restrictions under this subchapter.
2. If, based on a finding of the HRE, the Director determines that the property is potentially eligible at the federal, state, or local level, the Director shall schedule consideration of the HRE on the next available agenda of the Commission. Following review of the HRE and concurrence by the Commission, the property shall be added to the Inventory and the provisions of § 153.621 shall apply to the proposed demolition.
(Ord. 636-C.S., passed 8-15-17)