The purpose of this section is to preserve existing, potentially historic main residential buildings that are at least 50 years old to the greatest extent possible to protect against the loss of potential historic landmarks.

(Ord. 2016-10 § 10, 2016)

   For the purposes of this section, the following definitions shall apply.

(Ord. 2016-10 § 10, 2016)

   This section shall apply to a main residential building on any non-designated property in any zone that was constructed more than 50 years prior to the date of the application where an applicant proposes a demolition or alteration of the building's exterior, when the following actions are included in the request:

   (A)   Total demolition or removal of a main residential building in its entirety; or

   (B)   Alteration or demolition of 50% or more of a main building's roof area; or

   (C)   Alteration or demolition of a main building's exterior wall area, equal to or greater than:

      (1)   The removal or alteration of 50% or more of a main building's total exterior wall area, or

      (2)   The removal or alteration of 25% or more of any exterior wall facing a public street.

      (3)   The provisions of this division (C) shall not apply to the alteration of an exterior wall if:

         (a)   The wall retains its character defining elements;

         (b)   The wall is not covered or otherwise concealed by a new wall that is proposed to be placed in front of the existing wall; and

         (c)   Attached character defining design elements, such as covered porches, porte-cocheres, columns, etc., are also retained.

(Ord. 2016-10 § 10, 2016)

   Notwithstanding the provisions of any other section in this chapter, discretionary demolition review shall not be required for:

   (A)   The demolition of detached accessory structures, such as garages, guest houses, sheds, trellises, fences, gazebos, uncovered decks, play structures, and other similar detached accessory structures, as determined by the Director of Community Development, unless the detached accessory structure previously was the main residential building on the property;

   (B)   The demolition of flatwork;

   (C)   Window replacement that does not remove exterior wall area;

   (D)   Ordinary maintenance and repair;

   (E)   Restoration;

   (F)   Rehabilitation;

   (G)   Interior construction that does not involve any exterior changes;

   (H)   Reroofing that only replaces the existing roof material with a similar material;

   (I)   Painting;

   (J)   Reasonable accommodation requests made pursuant to § 17.52.327; or

   (K)   Demolition or alteration that is ordered by the Building Official.

(Ord. 2016-10 § 10, 2016)

   (A)   Prior to filing an application for a permit to demolish or alter a main residential building, the applicant shall submit:

      (1)   A fully dimensioned and scaled materials removal plan that clearly demonstrates that the project does or does not meet the criteria listed in §§ 17.10.030 or 17.10.040 of this chapter; and

      (2)   Documentation sufficient for city staff to determine the level of review, if any, that is required by the California Environmental Quality Act ("CEQA").

   (B)   If the proposed project is subject to the provisions of § 17.10.030 of this chapter, the applicant shall submit an "Application for a Discretionary Demolition Permit" ("application") along with all other required planning applications for the proposed work and the payment of all applicable fees. The application shall contain such information as is requested by the Director of Community Development, including one of the following:

      (1)   Documentation from a previous survey conducted by the city, including a suggested code pursuant to the State of California historic property status codes and other site data;

      (2)   A written historic assessment and determination of a potential historic code for the property, prepared by a city-approved historic preservation expert retained by the applicant; or

      (3)   A written request to be exempt from these requirements due to a perceived obvious lack of historic significance in lieu of an assessment required by divisions (B)(1) and (2) above. The Historic Preservation Commission shall consider whether there is merit to the request and either reject the request or require additional documentation pursuant to division (B)(2) above.

(Ord. 2016-10 § 10, 2016)

   The Historic Preservation Commission shall determine whether the main building or buildings that are the subject of the application are or are not potential historic resources and shall rate the building(s) accordingly. The determination of the Historic Preservation Commission may be appealed to the City Council pursuant to § 2.54.090 of this code. No Discretionary Demolition Permit or building permit shall be approved or issued by the city for the proposed work until a final determination of historic significance has been made by the Historic Preservation Commission or by the City Council pursuant to an appeal.

(Ord. 2016-10 § 10, 2016)

   An applicant may withdraw his or her application at any time during the process by submitting a written request to the Director of Community Development.

(Ord. 2016-10 § 10, 2016)

   The building permit for the replacement structure(s) shall be issued concurrently with the demolition permit. However, if the Historic Preservation Commission has determined that a main building does not have historic significance, the Development Review Committee may authorize the issuance of a demolition permit before the replacement project's building permit is issued, if the Development Review Committee finds that the building is in disrepair and/or constitutes a public nuisance.

(Ord. 2016-10 § 10, 2016)