12/15/2021 Historic Heritage Committee Regular Agenda Packet
Historic Heritage Committee
STUDY SESSION AGENDA
DECEMBER 15, 2021 at 6:00 P.M.
COMMUNITY DEVELOPMENT CONFERENCE ROOM
7351 ROSANNA STREET GILROY, CA 95020
HISTORIC HERITAGE COMMITTEE MEMBERS
Chair: David Matuszak Council Member Representative:
Rebeca Armendariz Vice Chair: Kathleen Chavez
Member: Ian Bruesehoff Planning Commissioner Representative:
Adilene Jezabel Moreno
Due to COVID-19, it is possible that the planned in-person meeting may have to change
to a virtual meeting at any time and possibly on short notice. Please check the City of
Gilroy website at http://gilroyca.iqm2.com/Citizen/default.aspx for any updates to
meeting information.Comments by the public will be taken on any agenda item before
action is taken by the Historic Heritage Committee. Persons speaking on any matter are
asked to state their name and address for the record. Public testimony is subject to
reasonable regulations, including but not limited to time restrictions on particular issues
and for each individual speaker. Public comments are limited to no more than three-
minutes, at the Chair’s discretion.
Comments on any agenda item may be emailed to the Planning Division at
planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community
Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020.
Comments received by the Planning Division by 1:00pm on the day of a Historic
Heritage Committee meting will be distributed to the committee members prior to or at
the meeting and available for public inspection with the agenda packet located in he
lobby of Planning Division at City Hall, 7351 Rosanna Street prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items received
after the 1:00pm deadline will be provided to the Historic Heritage Committee as soon
as practicable.
In compliance with the American Disabilities Act (ADA), the City will make reasonable
arrangements to ensure accessibility to this meeting. If you need special assistance to
participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at
(408) 846-0491. A sound enhancement system is available in the City Council
Chambers.
If you challenge any planning or land use decision made at this meeting in court, you
may be limited to raising only those issues you or someone else raised at the public
hearing held at this meeting, or in written correspondence delivered to the Historic
Heritage Committee at, or prior to, the public hearing. Please take notice that the time
within which to seek judicial review of any final administrative determination reached at
this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
Persons who wish to speak on matters set for Public Hearing will be heard when the
presiding officer calls for comments from those persons who are in support of or in
opposition thereto. After persons have spoken, the hearing is closed and brought to the
Historic Heritage Committee.level for discussion and action. There is no further
comment permitted from the audience unless requested by the Historic Heritage
Committee.
Materials related to an item on this agenda submitted to the Historic Heritage
Committee after distribution of the agenda packet are available for public inspection with
the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street
during normal business hours. These materials are also available with the agenda
packet on the City website at www.cityofgilroy.org
I. OPEN MEETING
II. PLEDGE OF ALLEGIANCE
III. REPORT ON POSTING THE AGENDA AND ROLL CALL
IV. APPROVAL OF MINUTES:
A. November 17, 2021 Meeting Minutes
V. PRESENTATIONS BY MEMBERS OF THE PUBLIC: (Three-minute time limit).
This portion of the meeting is reserved for persons desiring to address the
Historic Heritage Committee on matters not on the agenda. The law does not
permit Historic Heritage Committee action or extended discussion of any item not
on the agenda except under special circumstances. If Historic Heritage
Committee action is requested, the Historic Heritage Committee may place the
matter on a future agenda. All statements that require a response will be
referred to staff for reply in writing.
VI. OLD BUSINESS:
A. Workplan Item: Historic Ordinance Update
1. Presentation: Cindy McCormick
2. Public Comment:
3. Possible Action: Review memo and provide input. No formal action will
take place at this time.
VII. INFORMATIONAL ITEMS
A. HHC/Planning Commision Consolidation Update
1. Presentation: Cindy McCormick
2. Public Comment:
3. Possible Action: Receive report and provide feedback
IX. ORAL REPORTS BY MEMBERS OF THE HISTORIC HERITAGE
COMMITTEE:
Miscellaneous information and updates (no action)
ADJOURNMENT to the Next Regular Meeting of January 19, 2022 at 6:00 p.m.
Know your rights under the Gilroy Open Government Ordinance
Government’s duty is to serve the public reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the people’s
business. This ordinance assures that deliberations are conducted before the people and that
the City operations or deliberations are conducted before the people and that the City
operations are open to the people’s review. For information on your rights under the open
Government Ordinance, to receive a free copy of the ordinance, or to report a violation of the
Ordinance, contact the open Government Commission staff at (408) 846-0204 or e-mail
cityclerk@cityofgilroy.org
Historic Heritage Committee
Study Session Minutes
November 17, 2021 at 6:00 P.M.
HISTORIC HERITAGE COMMITTEE MEMBERS
Chair: David Matuszak Council Member Representative:
Rebeca Armendariz Vice Chair: Kathleen Chavez
Committee member: Ian Bruesehoff Planning Commissioner Representative:
Adilene Jezabel Moreno
I. OPEN MEETING
Vice Chair Chavez called the meeting to order at 6:20pm.
II. PLEDGE OF ALLEGIANCE
Council Member Armendariz led the pledge of allegiance.
III. REPORT ON POSTING THE AGENDA AND ROLL CALL
Planning Technician Romagnoli posted the meeting agenda on Friday,
11/12/2021 at 10:18am.
Roll Call:
Present – Chavez, Armendariz, Jezabel Moreno
Excused – Matuszak
Absent – Bruesehoff
IV. APPROVAL OF MINUTES:
Motion was made by Council Member Armendariz, seconded by Planning
Commissioner Jezabel Moreno to approve the September 15, 2021 meeting
minutes.
Roll Call Vote:
Ayes: Chavez, Armendariz, Jezabel Moreno
Nays: None
Abstain: None
Absent: Matuszak, Bruesehoff
Motion passes 3-0-0-2
V. PRESENTATIONS BY MEMBERS OF THE PUBLIC: (Three-minute time limit).
This portion of the meeting is reserved for persons desiring to address the
Historic Heritage Committee on matters not on the agenda. The law does not
permit Historic Heritage Committee action or extended discussion of any item not
on the agenda except under special circumstances. If Historic Heritage
Committee action is requested, the Historic Heritage Committee may place the
matter on a future agenda. All statements that require a response will be
referred to staff for reply in writing.
Connie Rodgers made a public comment regarding two projects that the
Historical Society is working on: 1) The Historical Society will be requesting the
City Council to ask Caltrans to install signage identifying the row of deodar cedar
trees on Hecker Pass as being on the National Register of Historic Places; and
2) They plan to nominate the Massie Thomas property as a historic site.
VI. OLD BUSINESS:
A. Workplan Item: Historic Ordinance Update
Senior Planner McCormick presented the staff report.
Discussion was held by committee members.
Vice Chair Chavez suggested revising the draft language of 30.27.40(a) to
replace the word “encourage” with “guide”. Vice Chair Chavez also proposed
adding the words “ministerial” and “fenestration” to the definitions section of the
code. Council Member Armendariz suggested that the new Zoning Ordinance
capitalize terms like “historic resource alteration permit” and “conditional use
permit”.
Public comment was opened. No comments.
Public comment was closed.
VII. NEW BUSINESS – NONE
VIII. INFORMATIONAL ITEMS - NONE
IX. ORAL REPORTS BY MEMBERS OF THE HISTORIC HERITAGE
COMMITTEE:
Miscellaneous information and updates (no action)
ADJOURNMENT to the Next Regular Meeting of December 15, 2021 at 6:00 p.m.
The meeting was adjourned by Vice Chair Chavez at 7:09pm.
Attachment 1 - Draft amendments to date - Article XXVII (Historic Resources)
30.27.10 Statement of intent.
The intent of this article is:
(a) To preserve historic sites and historic districts that represent important elements of Gilroy’s
past or contribute to the community’s identity or educational resources;
(b) To enhance the visual character of Gilroy by encouraging and regulating the compatibility of
architectural styles within historic districts;
(c) To identify and designate historic sites or historic districts that have a significant
concentration or continuity of sites, buildings or objects unified by past events or physical
development;
(d) To encourage the rehabilitation or restoration of historic buildings throughout the city.
e) To encourage the preservation of character defining features of contributing historic
resources.
30.27.20 Conditional use permits.
Any use that is listed as a conditional use for the base zoning district may be allowed to locate
within a historic resource subject to the planning commission finding that the proposed
conditional use is compatible with the historic nature of the property and would require minimal
alteration to the building or site.
30.27.25 Definitions.
"Alteration" means any exterior modification to a historic resource, including but not limited
to a new addition or removal of existing architectural features. Alteration shall not include routine
maintenance and repair such as any work involving the in-kind replacement of existing material
for the purpose of protective or preventative measures.
"Alteration, Significant" means any alteration, destruction, relocation, demolition, or partial
demolition that may have a significant adverse effect on the character-defining features of a
historic resource. An alteration that is consistent with the Secretary of the Interior's Standards is
not generally considered a significant alteration.
“Contributing Historic Resource” means a historic resource that has been listed in the
historic resources inventory as a contributing historic resource by Resolution of the City Council,
in accordance with the criteria of this Chapter.
“Fenestration” means the arrangement, proportioning, and design of windows and doors
(i.e., wall openings) in a building.
"Historic Context Statement" means a narrative report on the geography, history and culture
that shaped Gilroy’s built environment and provides the basis for evaluating historic significance
and integrity.
“Historic Heritage Committee” means the five (5) members appointed by the city council to
act as an advisory board to the city council and planning commission on issues relating to the
identification, protection, retention and preservation of historic sites and historic districts in the
City of Gilroy.
Attachment 1 - Draft amendments to date - Article XXVII (Historic Resources)
“Historic District” means an area or combination of sites within the city that has been
designated by Resolution of the City Council as a historic district, in accordance with the criteria
of this Chapter.
"Historic Resource" means a contributing historic resource, historic site, or historic district
that is officially listed in the historic resources inventory.
"Historic Resource Inventory" means the official City Council approved register of
contributing historic resources, historic sites, and historic districts.
“Historic Site” means an object, building, structure, or site that has been designated by
Resolution of the City Council as a historic site in accordance with the criteria of this Chapter.
"Mills Act" means a state law enacted in 1972 that grants participating local governments
the authority to enter into contracts with owners of a qualified historic resource who actively
participate in the rehabilitation and maintenance of the historic resource while receiving property
tax relief.
“Ministerial” means a governmental action (e.g., permit issuance) that is based upon
established standards, statutes, or legal authority, and that is arrived at objectively, involving
little or no personal judgment. A ministerial permit is issued by the Community Development
Director or his/her designee. Ministerial projects are exempt from the requirements of CEQA.
“Restoration” means the act or process of accurately depicting the form, features, and
character of a property as it appeared at a particular period of time by means of the removal of
features from other periods in its history and reconstruction of missing features from the
restoration period.
“Rehabilitation” means the process of making possible a compatible use for a property
through repair, alterations, and additions while preserving those portions or features which
convey its historical, cultural, or architectural values. Rehabilitation is the primary means of
preservation in Gilroy and acknowledges the need to alter or add to a historic property to meet
continuing or changing uses while retaining the property's historic character.
The “Secretary of the Interior's Standards for the Treatment of Historic Properties” (Standards)
are principles that promote historic preservation best practices that will help protect Gilroy’s
historic resources.
30.27.30 Contributing Historic Resources.
(a) The designation of a contributing historic resource on the Historic Resource Inventory shall
be processed by Resolution of the City Council, following a review and recommendation by the
Historic Heritage Committee and the Planning Commission. Fees, which are established from
time to time by the city council, shall be waived for the establishment of, but not the rescission
of, a contributing historic resource.
(b) Any structure or property within the city may be established as a contributing historic
resource if it meets one (1) of the following findings:
(1) It exemplifies or reflects special elements of the city’s cultural, social, economic, political,
aesthetic, engineering or architectural history; or
Attachment 1 - Draft amendments to date - Article XXVII (Historic Resources)
(2) It is identified with persons or events significant in local, state or national history; or
(3) It embodies distinctive characteristics of a style, type, period or methods of construction,
or is a valuable example of the use of indigenous materials or craftsmanship; or
(4) It is representative of the work of a notable builder, designer or architect.
30.27.35 Historic sites and historic districts.
(a) The designation of a historic site or historic district shall be processed by Resolution of the
City Council, following a review and recommendation by the Historic Heritage Committee and
the Planning Commission. Fees, which are established from time to time by the city council,
shall be waived for the designation of, but not the rescission of, a historic site or historic district.
(b) Historic District. The establishment of a historic district may be in combination with any
residential, commercial, industrial or other base district as defined in this chapter. Any area or
combination of sites within the city may be designated as a historic district if it meets any one (1)
of the following findings:
(1) The district possesses a significant concentration or continuity of sites, buildings,
structures, or objects unified by past events or physical development; or
(2) The district represents an established and familiar visual feature of the community; or
(3) The collective historic value of the district taken together is of greater value than each
individual structure.
(c) Historic Site. Any property within the city may be designated as a historic site if it meets the
findings for establishment of a contributing resource and it meets all of the following additional
findings of integrity described in Chapter 7 of the Historic Context Statement.
(1) The structure retains the original roofline and roof form; and
(2) The structure retains the original fenestration pattern; and
(3) The structure retains the majority of its original ornamentation (e.g., decorative trim,
racketed eaves, cornice line); and
(4) The structure retains its original porch configuration and materials; and
(5) The structure does not feature conjectural elements (e.g., cladding or elaborate details
that are inconsistent with the original period of construction or architectural style); and
(6) The structure does not have later additions that are visible from the public right-of-way
and impact integrity.
30.27.40 - Application for an Exterior Alteration to a Historic Resource.
(a) Historic Resource Alteration Permits. The intent of historic resource alteration permit
review is to provide guidance on the preservation of character defining features of a historic
resource. The community development director or designee shall review applications for a
Attachment 1 - Draft amendments to date - Article XXVII (Historic Resources)
historic resource alteration permit and shall be bound by any uniform standards adopted by the
city relating to the intent and scope of review of historic resource alteration permit approval.
(b) Historic Resource Alteration Permit Review. Applications to alter the exterior of any
historic resource shall require historic resource alteration permit approval. An application shall
be denied if the changes would have a significant adverse effect on the character-defining
features of a historic resource. An alteration that is consistent with the Secretary of the Interior's
Standards for the Treatment of Historic Properties is not generally considered a significant
alteration. Interior remodeling that does not affect the building exterior or routine maintenance or
repair of the exterior features of a historic resource shall not require a historic resource
alteration permit.
(c) Findings for Approval. A historic resource alteration permit shall be approved upon making
all of the following findings:
(1) The proposed action is consistent with the purposes of this Article, the applicable
requirements of the Municipal Code, and the General Plan;
(2) The proposed action will not have a significant adverse effect on the collective historic
value of a designated historic district within which the historic resource is located; and
(3) The proposed action will not have a significant adverse effect on the character-defining
features of the historic resource and is consistent with the Secretary of the Interior's
Standards, as follows:
a. The proposed action will preserve and retain the historic character of the historic
resource and will be compatible with the existing historic features, size, massing, scale
and proportion, and materials.
b. The proposed action will, to the greatest extent possible, avoid removal or significant
alteration of distinctive materials, features, finishes, and spatial relationships that
characterize the historic resource.
c. Deteriorated historic features will be repaired rather than replaced to the greatest
extent possible.
d. New additions will be differentiated from the historic resource and will be constructed
such that the essential form and integrity of the historic resource shall be protected if the
addition is removed in the future.
(d) Ministerial Approval. If the Community Development Director or designee determines that
the application meets the findings for approval identified in Section 30.27.40(c) of this Article,
the application shall be approved ministerially.
(e) Historic Heritage Committee Review. If the Community Development Director or designee
cannot make the findings for approval, the Community Development Director or designee may
refer a historic resource alteration permit application to the Historic Heritage Committee for
review. The Historic Heritage Committee may recommend that a historic resource evaluation
report be prepared to determine if the project meets the findings for approval. If the Historic
Heritage Committee determines that the application meets the findings for approval identified in
Section 30.27.40(c) of this Article, the application shall be approved ministerially.
Attachment 1 - Draft amendments to date - Article XXVII (Historic Resources)
(f) Planning Commission Review. If the Historic Heritage Committee cannot make the findings
for approval, the application shall be referred to the Planning Commission for review. The
Planning Commission shall consider the recommendation of the Historic Heritage Committee
and any historic evaluation report prepared for the application and shall either approve, approve
with modification, or deny the historic resource alteration permit application, based on the
findings for approval identified in Section 30.27.40(c) of this Article.
(g) Recommended Modifications. In recommending approval of a historic resource alteration
permit application, the Community Development Director, Historic Heritage Committee, and/or
Planning Commission may suggest reasonable and necessary modifications to the proposed
alterations, intended to ensure that the application will comply with the Secretary of the Interior's
Standards.
End of HHC recommended amendments to date
City of Gilroy
COMMUNITY DEVELOPMENT DEPARTMENT
7351 Rosanna Street, Gilroy CA 95020
(408) 846-0451 (408) 846-0429 (fax)
www.cityofgilroy.org
DATE: December 15, 2021
TO: Historic Heritage Committee
FROM: Cindy McCormick, Customer service Manager
SUBJECT: Historic Ordinance WorkPlan
RECOMMENDATION:
Review and provide input on staff’s recommended draft amendments to Gilroy City Code
Article 27.
BACKGROUND
On August 18th, the Historic Heritage Committee (HHC) began working on their workplan
to update Article 27 - Historic Site and Historic Neighborhood Combining Districts.
To date, the HHC has reviewed and accepted the guiding goals for the update (referenced
herein) and provided feedback on draft changes to sections 30.27.10 (statement of
intent), 30.27.20 (conditional use permits), 30.27.25 (definitions), 30.27.30 (contributing
historic resources), 30.27.35 (historic sites and historic districts), and
30.27.40 (application for an exterior alteration to a historic resource).
The HHC recommendations to date are provided in Attachment 1.
Ordinance Update Guiding Goals
The following goals are to be used when recommending changes to the Ordinance:
1) Clarify, streamline, and simplify the overall ordinance
2) Eliminate redundancies and superfluous language.
3) Define and distinguish City Council designated “historic districts”, City Council
designated “historic sites”, and other “contributing historic resources” that are
included in the Historic Resource inventory.
HHC Workplan Study Session – Housing Element Update Study Session Date: 12/15/2021
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4) Provide a clear and easy to understand process for rehabilitating or making
modifications (e.g., additions) to buildings listed on the HRI depending on whether
they are a contributing historic resource, a designated historic site, or located
within a designated historic district.
5) Simplify and consolidate the existing standards for demolition.
6) Codify the Mills Act Program as an economic incentive for preservation.
DISCUSSION
At the November 17th meeting, the HHC recommended revising the draft language of
30.27.40(a) to replace the word “encourage” with “guide” and defining “ministerial” and
“fenestration”. \\\ The HHC also recommended that the new Zoning Ordinance capitalize
terms like “historic resource alteration permit” and “conditional use permit”. The latter
recommendation will be forwarded to staff and the consultant working on the Zoning
update. The former recommendations have been incorporated into the draft ordinance,
as illustrated below.
Revised text for Section 30.27.40(a) Historic Resource Alteration Permits:
The intent of historic resource alteration permit review is to provide guidance on the
preservation of character defining features of a historic resource. The community
development director or designee shall review applications for a historic resource
alteration permit and shall be bound by any uniform standards adopted by the city
relating to the intent and scope of review of historic resource alteration permit approval.
New definitions:
“Ministerial” means a governmental action (e.g., permit issuance) that is based upon
established standards, statutes, or legal authority, and that is arrived at objectively,
involving little or no personal judgment. A ministerial permit is issued by the Community
Development Director or his/her designee. Ministerial projects are exempt from the
requirements of CEQA.
“Fenestration” means the arrangement, proportioning, and design of windows and doors
(i.e., wall openings) in a building.
DRAFT Amendments: Staff recommends replacing Sections 30.27 50 through 30.27.53
in their entirety, as illustrated in Table 1 of this staff report. The existing language in these
code sections is provided in Table 2 for reference.
Table 1: Suggested amendments to Sections 30.27.50 through 30.27.53 Discussion
30.27.50 Recission.
(a) The rescission of a historic resource from the Historic Resource Inventory shall be processed by
Resolution of the City Council, following a review and recommendation by the Planning Commission.
The Planning Commission may recommend that a historic resource evaluation report be prepared to
determine if the project meets the findings for approval.
(b) Findings for Approval. Any resource may be removed from the Historic Resource Inventory upon a
finding that the structure or property no longer meets any of the findings provided in Section 30.27.30 or
Section 30.27.35 of this Article.
New Section: The current
code does not have a
clear process for
removing a structure
from the Inventory.
30.27.60 Historic Resource Demolition/Significant Alteration Permit
(a) Applications to demolish or significantly alter a historic resource shall require historic resource
demolition/significant alteration permit approval.
(b) Findings for Approval. A historic resource demolition/ significant alteration permit shall be
approved upon making the following findings:
(1) The building official or fire chief certifies the action is required for the public safety due to an
unsafe or dangerous condition; or
(2) The historic resource has been substantially destroyed by fire, explosion, earthquake or flood
and the building official certifies that the structure is not restorable due to such damage; or
(3) The proposed action is consistent with the purposes of this Article, the applicable requirements of
the Municipal Code, and the General Plan; and
(4) The resource no longer meets the historic designation criteria identified in Section 30.27.30 or
30.27.35 of this Article and the historic character of the structure proposed for demolition or
significant alteration cannot be restored without immediate and significant economic hardship to the
property owner; and
(5) The demolition or significant alteration is exempt from CEQA, has been mitigated to a less than
significant impact, or has otherwise complied with the CEQA statute; and
The recommended
revisions consolidate the
current regulations from
four (4) sections into one
(1) section.
The recommended
findings are consistent
with best practices from
other cities.
HHC Workplan Study Session – Housing Element Update Study Session Date: 12/15/2021
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(c) Planning Commission Review. All applications to demolish or significantly alter a historic resource
shall require review and approval by the Planning Commission. The Planning Commission may
recommend that a historic resource evaluation report be prepared to determine if the project meets the
findings for approval.
(d) Preservation. The planning commission or city council may suspend action on a historic resource
demolition/significant alteration permit for a period not to exceed one hundred eighty (180) days to allow
sufficient time for necessary steps to be taken to preserve the structure. In approving a historic resource
demolition/significant alteration permit, the Planning Commission or City Council may recommend that
the property owner preserve the structure, or portions of the structure through all means available,
including, but not limited to:
(1) Retaining and reusing materials or offering materials for salvage if the materials are not able to
be retained in some capacity;
(2) Photographing or otherwise documenting any remaining historic features;
(3) Documented advertisements publicizing the availability of the structure for purchase for
restoration purposes;
(4) A map showing investigation into possible sites for relocation of the structure; or
(5) Documented letters offering the donation of the structure to nonprofit organizations for relocation.
(e) Rescission. Upon approving the demolition or significant alteration, the structure shall be removed
from the Historic Resource Inventory by Resolution of the City Council.
30.27.20 Mills Act Contract
(a) To foster and encourage the preservation, maintenance, rehabilitation, and restoration of historic
resources, the City Council may, by resolution at its sole discretion, approve a Mills Act contract for any
property that is listed, or recommended for listing, on the City’s Historic Resource Inventory.
(b) Mills Act contracts are recorded against the property title, have a contract term of ten (10) years with
automatic annual extensions, and may be cancelled by the City if it is determined that the owner, or any
subsequent owner, has breached any mandatory conditions of the contract.
(c) The owner, and subsequent owners, shall maintain the historic property in accordance with the Mills
Act Contract, the preservation plan, and Secretary of the Interior's Standards for Rehabilitation.
HHC Workplan Study Session – Housing Element Update Study Session Date: 12/15/2021
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Table 2: Existing Sections 30.27 50 through 30.27.53 (RECOMMEND REPLACING IN ENTIRETY)
30.27.50 Demolition procedures.
All demolition applications for historically or culturally important structures located in either a historic site or neighborhood combining
district shall be reviewed by the historic heritage committee which shall forward its recommendations to the planning commission.
The planning commission shall review the demolition request and either deny it or forward a recommendation of approval to the city
council in accordance with sections 30.27.51 and 30.27.52. Architectural and site approval shall not be given for any new
construction until the city council has approved the demolition request, or a demolition permit has been issued by the city,
whichever comes first.
Upon application for demolition where a structure or portion of a structure in a historic site or neighborhood combining district has
been substantially destroyed by fire, explosion, earthquake or flood, the chief building inspector and planning director, after
inspection of the damage, may issue the demolition permit immediately, only when they both determine that there is imminent
danger to life, limb or health of the public and the structure is obviously not restorable due to such damage.
30.27.51 Historic neighborhood demolition procedures.
After review of each request for demolition, the planning commission may recommend approval or conditional approval upon
making the findings set forth below, or may deny the request. The planning commission determination for denial shall be final
unless a written appeal to the city council is filed within twenty (20) days. If the planning commission recommends approval or
conditional approval, the planning director shall forward to the city council the demolition request with the planning commission’s
recommendation. After review of the request, the city council may approve, conditionally approve or deny the request.
In order to approve or conditionally approve a demolition request within a historic neighborhood combining district, the city council
prior to its approval must make the following findings:
(a) Demolition of the structure will not have a significant impact on the historic character of the neighborhood; or
(b) The structure proposed for demolition is not restorable.
30.27.52 Historic site demolition procedures.
Within a historic site combining district, nonhistoric accessory buildings may be demolished through the procedure set forth above
for structures in a historic neighborhood combining district.
Demolition or relocation of a historically significant structure within a historic site combining district shall first require removal of the
historic site combining district designation through the zone change process as provided in this chapter. Removal of the historic site
combining district is not required where a historically significant structure would remain on the site, despite the demolition of other
historic or nonhistoric structures on the site. A request for demolition or relocation may be processed concurrently with the request
for a change of district. In order to approve or conditionally approve a demolition request within a historic site combining district, the
historic heritage committee, the planning commission and city council must make the following findings:
HHC Workplan Study Session – Housing Element Update Study Session Date: 12/15/2021
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(a) The structure proposed for demolition is not restorable; and
(b) The applicant has unsuccessfully attempted to preserve the structure through all means available, including, but not limited to:
(1) Documented advertisements publicizing the availability of the structure for purchase for restoration purposes; and
(2) A map showing investigation into possible sites for relocation of the structure; and
(3) Documented letters offering the donation of the structure to nonprofit organizations for relocation.
The planning commission or city council may suspend action on removal of the historic site combining district designation and
demolition application for a period not to exceed one hundred eighty (180) days to allow sufficient time for necessary steps to be
taken to preserve the structure. Thereafter, the planning commission may recommend approval and the city council may approve
the application for removal of the historic site combining district designation and demolition following a determination that no means
of preservation is feasible and that the requested zone change is appropriate.
30.27.53 General demolition procedures.
Each request for the demolition of any building over fifty (50) years old which is not in a historic site or neighborhood combining
district, but meets any of the four (4) findings of criteria defined under section 30.27.30(b) as determined by the planning division,
shall be accompanied by one (1) clear photograph, of the front of the building, submitted by the applicant. The age of the structure
shall be determined or verified through public records or from an inspection. A demolition permit shall not be issued for such
building until the planning director, with assistance from the historic heritage committee, has had a period not to exceed thirty (30)
days to investigate, document and photograph the building and attempt to arrange for the preservation of the building. After the
expiration of the thirty (30) day period, the permit may be issued in accordance with the building department procedures. The thirty
(30) day period may be waived by the chief building inspector where there is imminent danger to life, limb or health of the public
which requires immediate demolition.