AN ORDINANCE AMENDING CHAPTER 16 OF THE STOCKTON MUNICIPAL CODE (SMC) BY AMENDING SECTION , REGARDING DEMOLITION OR

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1 AN ORDINANCE AMENDING CHAPTER 16 OF THE STOCKTON MUNICIPAL CODE (SMC) BY AMENDING SECTION , REGARDING DEMOLITION OR RELOCATION OF HISTORIC RESOURCES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS: SECTION 1. AMENDMENT OF CODE. Section of the Stockton Municipal Code is hereby amended and shall read as follows: Demolition or Relocation of Historic Resources A. Purpose. The purpose of this section is to ensure that no person shall demolish or relocate a historic resource without approval of a historic demolition or relocation permit and a permit for a replacement structure or project. The City of Stockton recognizes the importance of cultural and historic preservation to the community s continued social and economic vitality. By reusing, restoring, and adapting historic resources to the needs of today, the community is able to effectively conserve energy and resources of past generations, while minimizing waste, current energy, and materials usage. B. Exemptions. 1. If a structure is less than 50 years of age, a demolition/relocation permit shall be processed in compliance with Section through of the Municipal Code.

2 2. Structures that are deemed to be unsafe or a public nuisance, in accordance with Chapter 14 of the Municipal Code, may be issued a demolition/relocation permit, as determined by the Director. The Department may retain a structural engineer, at the expense of the applicant, to assist the Director in making a determination. C. Applicability. If a permit is sought to demolish or relocate: 1. A structure or other site feature ( structure ) that: a. Is a City Landmark or is a contributing structure located in an Historic District, the request shall be referred to the Director and an environmental document shall be prepared in compliance with C (Application, Processing, and Review). b. Was constructed or in place at least 50 years before the date of application for demolition or relocation, and that structure is not currently listed on any local, state or federal register, the request shall be referred to the Director for a preliminary determination of whether the potentially historic resource may be demolished. D. Application filing, processing, and review. 1. Filing. a. An application for a demolition permit shall be completed and filed, with any applicable fee, with the Department. b. All applications shall be accompanied by information and documentation necessary to make a preliminary determination, including the following, as applicable:

3 1) Plans, photographs, renderings, working drawings, specifications, Sanborn Maps, historical surveys, post cards, diaries, newspaper articles, interviews, and historical data, showing or describing the structure, including the following, as applicable: architectural design, nature and texture of materials, color, lighting, method of construction and landscaping, and any other items which may demonstrate historical significance. 2) A site plan that shows all existing structures and identifies structures proposed for demolition or relocation. 2. Preliminary determination of potential historic significance. a. Time limit. 1) Within 45 days of receipt of a complete application, the Director shall make a preliminary determination. 2) With concurrence of the applicant, the time by which the Director may extend the 45 day preliminary review time period shall be limited to an additional 30 days. b. Criteria. In making the preliminary determination, the Director shall apply the criteria specified by the most current revision of the U. S. Secretary of the Interior s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and the California Environmental Quality Act ( CEQA ). Determination. The Director shall determine that:

4 1) The structure is not a potential historic resource and the permit to demolish or relocate the structure shall be issued. a) A Notice of Exemption shall be prepared at the sole expense of the applicant in compliance with the City s CEQA Guidelines. b) The permit shall become effective on the 11 th day following the date of the letter of determination, provided that no appeal of the Director s action has been filed. 2) The structure may potentially be a historic resource, and the applicant shall submit, at the sole expense of the applicant: a) The appropriate environmental documentation; and b) An application for a replacement structure or entitlements for a project, including Master Development Plans, Specific Plans, or Planned Developments, for the property involved. c. Notice. The Director shall notify the property owner of the preliminary determination by first-class, prepaid mail, with a copy to the Board. d. Appeal. The decision of the Director may be appealed to the Commission, in compliance with (Appeals). If a demolition or relocation permit of a structure over 50 years old is appealed, the Commission may reverse the Director s decision. 3. Referral to the Board. Once a preliminary determination has been made and the draft environmental document is available for review, the Director shall transmit the application and draft environmental document to the Board for review and evaluation. The Board shall transmit its written

5 recommendation to deny or approve the demolition or relocation application to the Commission, and issue a Certificate of Appropriateness if the recommendation is to approve the application. 4. Commission s Action. The Commission shall conduct a public hearing in compliance with Division C (public Hearing Review Procedure) for action in which the Commission is the Review Authority, including review of applicable environmental documents and the demolition or relocation application: a. Notice. Notice of time, place, and purpose of the hearing shall be given not less than ten days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, in compliance with Division (Review Procedures). b. Hearing. After the hearing is conducted, the Commission shall: 1) Approve the application. Approve or conditionally approve the application. a) Resolution. The resolution shall contain applicable findings, any conditions of approval, certification/adoption of the environmental document, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City;

6 2) Disapprove the application. The Commission may deny the application in compliance with this Section. c. Notification of recommendation. Following the Commission s action, a notice of the recommendation shall be mailed to the applicant at the address shown on the application. d. Appeal. The decision of the Commission may be appealed to the Council in compliance with Division (Appeals). E. Findings for demolition or relocation. No structure on an eligible property shall be demolished or relocated unless the Commission shall make the following findings, following notice and hearing(s) pursuant to this chapter. 1. Approval. Prior to approval, the Commission shall find that: a. The environmental document has been completed in compliance with CEQA, State CEQA Guidelines, and City Guidelines for the implementation of CEQA, and adopt a Statement of Overriding Considerations; and b. The action proposed is consistent with the purposes of historic preservation as set forth in Division and the General Plan; or c. There are no reasonable alternatives to the demolition or relocation as of the time of the hearing. 2. Denial. Prior to denial, the Commission shall find that there are reasonable alternatives to the demolition or relocation as of the time of the hearing as demonstrated by the facts in the record.

7 F. Potential Conditions for demolition or relocation. 1. As determined by the Review Authority, conditions may be imposed on demolition or relocation of eligible structures to the extent authorized by any other applicable law or this chapter, including the following: a. Comply with all applicable Federal, State, County and City codes, regulations and adopted standards and pay all applicable fees. b. Pursuant to CEQA, the project shall be subject to all applicable mitigation measures identified in the certified Final EIR. c. Relocation, if applicable, will not destroy the historical, architectural, or aesthetic value of the structure and that the relocation is part of a definitive series of actions which will assure the preservation of the structure. d. Relocation of historic structures, if applicable, shall be in compliance with Section , et seq. (Permit Required to Move Buildings or Structures) of the Municipal Code. e. As specified in the EIR s Mitigation Measures, the applicant shall provide the Director, at the applicant s sole cost, complete photo-documentation of archival quality of the structure to be demolished or relocated (before relocation). f. As specified in the EIR s Mitigation Measures, every effort shall be made to salvage fixtures, signage, and architectural details. g. At the applicant s sole expense, demolition or relocation may be delayed for up to 180 days to allow the City time to identify a prospective buyer for the property or to identify a third party interested in relocating the affected

8 structure, and for up to an additional 180 days to allow completion of the purchase or relocation. In the case of purchase or relocation by a third party, demolition may be denied where a third party willing and able to purchase the property or relocate the structure within the time established by this Subsection is identified and makes a bona fide offer to purchase the property or structure at fair market value, as determined by appraisal. h. With respect to demolition of a structure located within a historic district, or eligible historic district per (historic Preservation District), the City shall take into account the importance of an affected structure to the integrity of the district, and may: limit the size of new development to that of the existing structure; require that the scale of new development be harmonious with other structures which contribute to the district s character; require retention or reconstruction of one or more facades; and/or require that any replacement structure be of like kind or quality to the demolished structure and contribute to the integrity of the district. G. Economic hardship. An applicant may apply for a determination of economic hardship under Section SECTION 2. EFFECTIVE DATE. passage. This ordinance shall take effect and be in full force thirty (30) days after its