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Claremont City Zoning Code

CHAPTER 16

301 BUILDING CONSERVATION/DEMOLITION

§ 16.301.010 Purpose.

The purpose of this chapter is to foster the retention and maintenance of existing buildings and structures, discourage demolitions without permits and approvals, and make substantial alterations and additions to existing buildings and structures subject to current development standards and other requirements applicable to the construction of a new building or structure.
(09-12; 2024-01)

§ 16.301.020 Definitions.

The following definitions shall apply to this chapter:
"Claremont register"
means the same meaning as defined in Section 16.302.010 Definitions, as amended from time to time.
"Cultural resource"
means the same meaning as defined in Section 16.302.010 Definitions, as amended from time to time.
"Demolition"
means for the purpose of this section, any act or intentional failure to act that destroys, removes, or relocates, in whole or in part, the structural components of any facility, structure, or building in the City. Structural components shall include exterior walls, exterior wall cladding, building foundations, roofs, ceilings, floors, and structural supports.
(09-12; 2024-01)

§ 16.301.030 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property that does not involve a change in design, material, external appearance thereof, or is otherwise subject to the requirements of Chapter 16.302, Cultural Resources Preservation.
(09-12; 2024-01)

§ 16.301.040 Permit required for demolition.

A. 
Permit for Demolition
No person shall commence demolition or removal of a building without a permit for demolition issued by the City of Claremont Building Official pursuant to Title 15 of the Claremont Municipal Code. The Building Official may require completion of any preparatory work determined necessary by the Building Official for public health, safety, and/or welfare prior to issuing the permit.
B. 
Cultural Resources Listed on the Claremont Register or State or National Register
Any development project involving a historic or Cultural Resource listed on the Claremont Register, the California Register, or the National Register shall be subject to provisions of Chapter 16.302, Cultural Resources Preservation.
C. 
Potential Cultural Resources Not Listed on the Claremont Register
To ensure that all potential Cultural Resources are properly evaluated prior to demolition or relocation, all demolition requests shall be referred to the Director to determine whether any structure proposed for demolition is a Cultural Resource, even if it is not listed on the Claremont, State, or National Register. The Director shall review all requests for demolition or relocation of buildings or structures constructed at least 45 years prior to the date that the demolition or relocation is proposed in accordance with the requirements of Section 16.302.110.
D. 
Requirements of Demolition Permits
Property owners are required to take appropriate actions to prevent the creation of a public nuisance, and to minimize any physical, aesthetic, safety, or economic burden that the demolition may have on surrounding development. Such required actions may include, but are not limited to, the following:
1. 
Compliance with all applicable air quality and dust control regulations of the City and the South Coast Air Quality Management District.
2. 
Removal of all exposed foundations, footings, concrete slabs, or flooring systems without structures.
3. 
Fill-in of excavations.
4. 
Removal of all visible construction-related materials and equipment upon completion of demolition activities.
5. 
Clearance of any appliances, equipment, vehicles, and similar objects that have been abandoned or discarded, and/or which are inoperable and/or are being stored in violation of Chapter 16.154.
6. 
Providing and maintaining minimal landscaping and/or fencing in such a manner that the site does not have a detrimental effect on adjacent or nearby properties.
7. 
Providing irrigation as needed to maintain the health of existing, mature, on-site trees.
8. 
Keeping property clear of weeds and debris, and removal of overgrown, dead, or diseased vegetation.
9. 
Removal of any condition determined to be a public nuisance pursuant to Chapter 8.16.
10. 
Compliance with all other applicable City codes.
E. 
Moving of Buildings
For moving/removing an existing building located in the City, the requirement for a demolition permit shall be in addition to the requirement for a permit to move a building pursuant to Chapter 15.28 and any other permits or approvals required by City codes.
(09-12; 2024-01)

§ 16.301.050 Illegal demolition.

A. 
Any person that causes the demolition of any building or portion of a building without the required permit shall be in violation of the provisions of this Code, and shall be subject to general and administrative penalties pursuant to Chapters 1.12 and 1.14.
B. 
In addition, the demolition of any building or portion of a building without the required permit shall result in a stay in the issuance of a building permit for new construction at the site previously occupied by the building. The length of the stay shall be a minimum of 36 months from the date the City becomes aware of the demolition or alteration in violation of this chapter. The length of stay may be reduced at a public hearing by the City Council. The City Council in making its decision on whether to reduce the length of stay shall consider the extent of the demolition, the benefits received, and the time needed for the City to study and determine appropriate mitigation measures for the removal or alteration.
(09-12; 2024-01)

§ 16.301.060 Substantial remodel.

A. 
Alteration of or an addition to an existing building or structure shall constitute a substantial remodel if any of the following occurs at any time over a three-year period:
1. 
Demolition, removal, and/or relocation of more than 50 percent of the exterior walls, based on a horizontal measurement of the perimeter walls. Elements of exterior walls include columns, studs, cripple walls, or similar vertical load-bearing elements and associated footings; or
2. 
Destruction or reconstruction of more than 50 percent of the footprint; or
3. 
Demolition affecting more than 50 percent of the replacement value of such structure as determined by the Building Official; or
4. 
One or more additions to an existing building or structure that increases the square footage of the existing building or structure by 25 percent or more, but not including additions to existing buildings on a residential lot that total no more than 1,500 square feet within any consecutive three-year period.
Alterations to existing structural components to address seismic safety as determined appropriate by the Building Official shall not be included in the above calculations.
B. 
Whenever modifications to an existing building or structure constitute a substantial remodel, the replacement construction shall constitute a new building or structure subject to current development standards of the subject zoning district, and all other requirements applicable to the construction of a new building or structure including utility undergrounding requirements, required dedication of on and off-site improvements, payment of parkland fees, and other applicable development fees.
C. 
If concealed structural damage is discovered during the course of construction, the removal and replacement of the damaged elements shall not be included in the above calculations for determining substantial remodel provided all the following criteria are met:
1. 
It is certified that the damaged elements must be removed and replaced in order to maintain a safe structure by a licensed structural engineer, or other licensed civil engineer or architect authorized to perform structural calculations and designs as specified in the California Business and Professions Code.
2. 
The Building Official, or designee, is notified of the structural damage and verifies the damage while the damage elements are still in place.
3. 
Alterations of structural elements are only undertaken to the minimum extent necessary to maintain a safe structure as determined by the licensed structural engineer, civil engineer, or architect and confirmed by the Building Official.
(09-12; 2024-01)