(a)

The quality and feel of the Town are heavily shaped by the attributes, integrity, historical character and design scale of existing residential and commercial structures. The preservation, enhancement and continued use of structures with historic, architectural, cultural and/or aesthetic importance is essential in retaining this community character.

(b)

Demolition activity itself should be designed to minimize disturbances and hazard to the neighborhood and community.

(c)

The Town seeks to maintain housing units in order to further the goals of the General Plan Housing Element.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

Except as otherwise provided in this article, no commercial, professional and/or residential dwelling structures within the town shall be demolished until a demolition permit is approved by the Planning Commission. A demolition permit for exterior demolition shall be required for the demolition of more than fifty (50%) percent of the exterior walls above the foundation. The Planning Director may develop written guidelines for what is included in exterior wall demolition, which shall be measured in square feet and shall include the square feet of windows and doors that are removed. Wall areas that are replaced in kind shall not count towards the demolition threshold where such replacement involves no material change in visual effect due to identical size and identical or similar design. This article does not apply to non-habitable accessory structures less than five hundred (500) square feet in size.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

(a)

Demolition permit applications shall be filed with the Planning Department with an application fee as set by resolution of the Town Council.

(b)

Every demolition permit application shall include standard submittal requirements as prepared by the Planning Department.

(c)

Every building permit application that involves forty (40%) percent or more demolition shall provide the following:

(1)

Detailed calculation in square feet of existing wall areas, wall areas proposed to be demolished, and wall areas to be replaced in kind.

(2)

Drawings that detail all existing exterior wall areas to remain, wall areas to be demolished and wall areas to be replaced in kind.

(3)

Verification from a structural engineer may be required.

(d)

Independent evaluation and report by an architect specializing in historic preservation, historical resources or a similar field may be required by the Planning Director or Planning Commission. This consultant may be selected by the Town and retained at the applicant's expense.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

The Planning Commission may approve or conditionally approve any application upon making the following findings:

(a)

The demolition will not remove from the neighborhood or Town, nor adversely affect, a building of historical, architectural, cultural or aesthetic value.

(b)

The project is consistent with the San Anselmo General Plan.

(c)

The project will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(d)

The granting or denying of a demolition permit for the demolition of structures may also be subject to the following findings based on substantial evidence as determined by the Planning Commission or Town Council.

(1)

Failure to approve a demolition permit will cause immediate and substantial hardship because of the conditions peculiar to a particular structure, and such hardship has not been created by an act of the owner in anticipation of action under this chapter. Examples of hardship include health and safety hazards that cause the building to be unsafe. Personal, family, financing difficulties, loss of prospective profits and neighboring violations are not justifiable hardships.

(2)

It is necessary to reveal previous architectural features covered up, such feature that would be functionally and aesthetically compatible with the existing improvements and the natural elements of the area.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

Projects reducing the number of housing units in the Town, whether involving the demolition of a single unit with no replacement unit or the demolition of multiple units with fewer replacement units, are discouraged.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

An emergency demolition permit may be issued by the Town Building Official prior to Planning Commission approval of a demolition permit when a structure is determined by the Building Official to pose an immediate threat to public health, safety and welfare and no other alternative means exists to permanently or temporarily prevent, restrain, correct or abate the threat. The extent of demolition activity shall be limited to the minimum amount necessary to abate the emergency situation. The Building Official may condition such emergency demolition as necessary to provide compliance with this article.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

If a replacement structure is required as a condition of approving a demolition permit, the Town shall not issue a building permit to allow the approved demolition activity until the applicant secures a building permit for the replacement structure.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)