This chapter provides for discretionary review and approval of the proposed demolition of any building, structure, or object. in order to protect against the inadvertent destruction of buildings, structures, or objects of historic, architectural or cultural importance. The city council finds that historically significant structures within the city constitute a cultural treasure for the entire community to enjoy, and that the preservation of these resources will promote the general welfare by maintaining an invaluable link to the city's rich and distinguished past.
(Ord. 5356 § 2, 2003; Ord. 5949 § 16, 2020)
This chapter shall apply citywide to any building, structure, or object for which an application for a demolition permit is made. No building, structure, or object shall be demolished until the building division issues a demolition permit subsequent to the director of community development's approval of a demolition clearance application in accordance with this chapter.
If, within the five years prior to the submittal of a demolition clearance application, an environmental review conducted pursuant to the California Environmental Quality Act (CEQA) found the building, structure, and/or object is not a historic resource as defined by Section 15064.5 of the State CEQA Guidelines, no further environmental review shall be required unless subsequent environmental review is necessitated pursuant to CEQA Guidelines. The director of community development may process the application pursuant to Section 15.22.070(A)(4) or (A)(5), as applicable, unless the director of community development determines that substantial evidence indicates the property is a historic resource.
(Ord. 5356 § 2, 2003; Ord. 5803 § 42, 2013; Ord. 5949 § 17, 2020)
The director of community development shall review all demolition clearance applications to: (1) determine if the proposed demolition may have a substantial adverse impact on the environment pursuant to CEQA; (2) determine the required level of environmental review under CEQA and require preparation of any documents necessary to conduct this review; and (3) upon review of all applications and supporting documents, determine the appropriate authority for final review of the demolition clearance application and all other required discretionary applications, as follows:
A. 
The historic preservation commission shall be the review authority for the demolition clearance application, any required environmental review pursuant to CEQA, and all other discretionary applications related to design review pursuant to Chapter 15.20 and Section 15.22.050 of this code if the proposal under review is determined by the director of community development to involve a:
1. 
Designated historic resource;
2. 
Potential historic resource; or
3. 
Contributor or non-contributor in a designated or pending historic district overlay zone.
B. 
The design review board shall be the review authority for the demolition clearance application, any required environmental review pursuant to CEQA, and all other discretionary applications related to design review pursuant to Chapter 30.47 and Section 15.22.060 of this code if the proposal under review is determined by the director of community development to:
1. 
Not involve any resource type identified in subsection A, above; and
2. 
Require design review by the design review board pursuant to Title 30 of this code.
C. 
The director of community development shall be the review authority for the demolition clearance application, any required environmental review pursuant to CEQA, and all other discretionary applications related to design review pursuant to Chapter 30.47 and Section 15.22.070 of this code if the proposal under review is determined by the director of community development to:
1. 
Not involve any resource type identified in subsection A, above; and
2. 
Not require design review by the design review board pursuant to Title 30 of this code.
(Ord. 5949 § 18, 2020)
For the purposes of this chapter the following words and phrases shall have the meanings set forth below:
"Building"
means anything constructed having a roof supported by columns or walls for the purpose of housing, shelter or enclosure.
"CEQA,"
means the California Environmental Quality Act, contained in California Public Resources Code Section 21000, et seq., and Title 14 of the California Code of Regulations("CEQA Guidelines") as they both now exist or may hereafter be amended.
"California Register of Historic Resources"
means the official list of historic resources designated by the state of California through the state statute codified in the California Public Resources Code Section 5020.1 et seq.
"Character defining features"
means the distinctive physical forms, elements, materials, details, and/or characteristics that convey the significance of a historic resource.
"Code"
means the Glendale Municipal Code.
"Complete demolition"
means removal of all above-grade portions of a designated historic resource, a resource that is pending designation as a historic resource, a potential historic resource, or a district contributor or district non-contributor in a designated or pending historic district overlay zone.
"Contributor"
means a historic resource in a designated or pending historic district overlay zone that was built within the period of significance and retains enough historic integrity to contribute to the overall character and significance of the historic district.
"Demolition"
is the act or process of destroying, knocking down, pulling down, tearing down, flattening, razing, or leveling a building, structure, or object. For purposes of this chapter, demolition can be either complete or partial.
"Demolition by neglect"
means the process in which the owner of a resource, or designee, allows its ongoing deterioration of a resource over a period of time as a result of lack of maintenance, failure to protect the resource from pests or vandals, and/or failure to take reasonable measures to prevent ingress of water or wind through the roof, walls, or apertures of the resource, leading to deterioration and/or structural failure that results in complete or partial demolition, the loss of character-defining features, and/or that constitutes a threat to public health and safety.
"Designated historic resource"
means a historic resource that is listed in the National Register of Historic Places, the California Register of Historical Resources, or the Glendale Register of Historic Resources.
"Glendale Register of Historic Resources"
means the official list of historic resources designated by the city of Glendale.
"Historic district overlay zone"
means a geographically definable area possessing a significant concentration, linkage or continuity of properties that constitute more than 60% of the total properties in the district and which are united historically or aesthetically by plan or physical development.
"Historic resource"
means a resource that is historically or archaeologically significant in the cultural, architectural, archaeological, tribal, engineering, scientific, economic, agricultural, educational, social, political or military heritage of the city of Glendale, the state of California, or the United States, and which retains sufficient historic integrity to convey its significance.
"National Register of Historic Places"
mean the official list of historic resources established by the federal government through the National Historic Preservation Act of 1966, as amended through 1992.
"Non-contributor"
means a resource in a designated or pending historic district overlay zone that was either not built within the historic district's period of significance or was built within the period of significance but does not retain enough historic integrity to contribute to the overall character and significance of the historic district.
"Object"
means an entity that is not a building or structure, or part thereof, that is expressive of the cultural, architectural, archaeological, tribal, engineering, scientific, economic, agricultural, educational, social, political or military heritage of the city of Glendale, the state of California, or the United States.
"Partial demolition"
means the removal, alteration, or destruction of one or more character-defining features of a historic resource that have been identified as character-defining in a property-specific historic assessment, in a historic resource assessment prepared by a person meeting the Secretary of the Interior's Professional Qualification Standards in Historic Architecture or Architectural History, or by the director of community development.
"Pending designation,"
as applied to a resource, means a resource for which a nomination for listing in the Glendale Register of Historic Resources, signed by the property owner or nominated by city council, has been received by the city, but for which a final action has not occurred.
"Pending historic district overlay zone"
means an area for which certain property owners of said area have submitted a historic district overlay zone application and for which the historic preservation commission has held a public hearing at which it made a preliminarily eligibility determination.
"Period of significance"
means the span of time during which events and activities significant in the history and development of a designated or pending historic district overlay zone occurred.
"Potential historic resource"
means a resource that: (1) is not a designated historic resource; and either (2) is identified with a California Historical Resource Status Code of 1 to 5 on a DPR Form 523 and/or in a historic resource survey commissioned by the city and prepared by a person meeting the Secretary of the Interior's Professional Qualification Standards; or (3) is determined by the city to be a historic resource per Public Resources Code Section 21084.1.
"Resource"
means a building, structure, object, site, area, or historic district, man-made or natural.
"Structure"
means anything constructed that has a foundation but no roof. This term does not include fences and walls, which are considered "objects."
(Ord. 5356 § 2, 2003; Ord. 5535 § 6, 2006; Ord. 5803 § 43, 2013; Ord. 5949 § 19, 2020)
A. 
As a prerequisite to obtaining a demolition permit, an applicant must submit a demolition clearance application to the permit services center for review by the director of community development to determine the appropriate authority pursuant to Sections 15.22.025, 15.22.050, 15.22.060, and 15.22.070 of this chapter. The demolition clearance application may be submitted concurrently with a demolition permit application. No demolition permit application shall be deemed complete without a demolition clearance approved by the director of community development or designee.
B. 
Demolition clearance applications may be processed concurrently with all other required discretionary applications and will not be approved until and unless all other discretionary permits for a proposed project are first approved.
(Ord. 5356 § 2, 2003; Ord. 5803 § 44, 2013; Ord. 5949 § 20, 2020)
The historic preservation commission shall review demolition clearance applications, environmental review documents that may be required pursuant to CEQA, additional information or materials submitted by the applicant as required by the director of community development pursuant to Section 15.22.070(A)(1), (A)(2), and (A)(3), and any information or materials submitted by members of the public prior to rendering a decision to approve or disapprove a demolition clearance application.
A. 
For a designated historic resource, the historic preservation commission shall not approve a demolition clearance application unless it finds:
1. 
The subject property is not a historic resource because it does not meet any of the criteria for listing on the Glendale Register pursuant to Section 15.20.050 of this code and that this determination is not due to demolition by neglect or unpermitted work; or
2. 
It has certified an Environmental Impact Report (EIR) and adopted a Statement of Overriding Considerations in reference to a significant and unavoidable environmental impact on cultural resources stemming from the proposed demolition of a historic resource.
B. 
For a potential historic resource, the historic preservation commission shall consider all evidence in the record and make findings as to whether or not the subject property is eligible for listing on the Glendale Register, and is therefore a historic resource because the resource meets one or more of the criteria for listing in Section 15.20.050 of this code.
1. 
If the historic preservation commission finds the property is a historic resource, the commission shall direct the community development department to prepare or cause to be prepared by private consultants under contract with the city, an Environmental Impact Report in accordance with CEQA. Following circulation of the draft EIR for public comment and preparation of the final EIR, the final EIR and all other required discretionary applications shall be reviewed by the historic preservation commission pursuant to Sections 15.20.080 and 15.22.050 of this code. The historic preservation commission shall not approve a demolition clearance application for a property found to be a historic resource unless it adopts a Statement of Overriding Considerations, pursuant to CEQA, in reference to a significant and unavoidable environmental impact on cultural resources stemming from the proposed demolition of a historic resource.
2. 
If the historic preservation commission finds the property is not a historic resource and this determination is not based on demolition by neglect or unpermitted work, the commission shall approve the demolition clearance application. In such case, the commission shall remand all other discretionary review to the director of community development to determine the appropriate level of further discretionary review pursuant to Section 15.22.070(A)(4) and (A)(5).
C. 
For a contributing property in a designated historic district overlay zone, the historic preservation commission shall not approve a demolition clearance application unless it finds:
1. 
The property is not a historic resource because it is not a contributor to the historic district pursuant to Chapter 30.25 of this code and that this determination is not due to demolition by neglect or unpermitted work; or
2. 
It has certified an Environmental Impact Report and adopted a Statement of Overriding Considerations in reference to a significant and unavoidable environmental impact on cultural resources stemming from the proposed demolition of a historic resource.
D. 
For a property identified as a non-contributor in the historic district survey adopted by city council for a designated historic district, or identified as a non-contributor to a pending historic district by the director of community development pursuant to Section 15.22.070(C) of this chapter, no further environmental review under CEQA with regard to historic resources shall be required unless subsequent environmental review is necessitated pursuant to CEQA Guidelines Section 15162. The historic preservation commission shall approve the demolition clearance application and review all other required discretionary applications pursuant to Sections 30.25.040 and 30.25.050 of this code.
E. 
The historic preservation commission shall review demolition clearance applications for garages and accessory buildings, structures, and objects located on properties that are designated historic resources, potential historic resources, or contributors to designated or pending historic district overlay zones, and at which the primary building is not proposed for demolition. Pursuant to Section 15.22.070(D) of this chapter, no Environmental Impact Report or intensive level survey shall be required unless subsequent environmental review is necessitated pursuant to CEQA Guidelines Section 15162. The director of community development may require the applicant to provide information regarding the provenance of the building(s), its alteration history, the proposed replacement project, if any, and any additional information or materials as may be necessary for a complete review. The commission shall conduct its review on a case-by-case basis, and base its determination on whether or not the proposed demolition(s) and possible new construction would affect the property's ongoing status as a designated historic resource, potential historic resource, or contributor to a designated or pending historic district overlay zone.
(Ord. 5356 § 2, 2003; Ord. 5803 § 45, 2013; Ord. 5949 § 21, 2020)
A. 
For any property the director of community development determines is not a designated historic resource or potential historic resource, and that is not located in a designated or pending historic district overlay zone, the design review board shall review demolition clearance applications and be the design review authority pursuant to Chapter 30.47 and Section 15.22.060 of this code. For such properties, the board shall review demolition clearance applications; environmental review documents pursuant to CEQA; additional information or materials submitted by the applicant as required by the director of community development pursuant to Section 15.22.070(A)(1), (A)(4), and (A)(5); any information or materials submitted by members of the public; and all other required discretionary design review applications.
B. 
Upon determination by the historic preservation commission that a designated historic resource is no longer a historic resource pursuant to Section 15.22.050(A), or that a potential historic resource is not a historic resource pursuant to Section 15.22.050(B), and that the property is not located in a designated or pending historic district overlay zone, demolition clearance applications and proposals for new construction at the property shall be reviewed by the design review board pursuant to Chapter 30.47 of this code.
(Ord. 5356 § 2, 2003; Ord. 5425 § 16, 2004; Ord. 5535 § 7, 2006; Ord. 5803 § 46, 2013; Ord. 5949 § 22, 2020)
A. 
The director of community development shall review all demolition clearance applications and determine the necessary level of environmental review and the appropriate authority to review an application pursuant to Section 15.22.025, as follows:
1. 
Following receipt and review of a demolition clearance application for a designated historic resource or a contributor in a designated historic district, the community development department shall prepare, or cause to be prepared by private consultants under contract with the city, an Environmental Impact Report in accordance with CEQA. Following circulation of the draft EIR for public comment and preparation of the final EIR, the director shall set the demolition clearance application, any required environmental review pursuant to CEQA, and all other required discretionary applications for a public hearing before the historic preservation commission pursuant to Sections 15.20.080 and 15.22.050 of this code.
2. 
Following receipt and review of a demolition clearance application for a potential historic resource, the community development department shall prepare, or cause to be prepared by private consultants under contract with the city, an intensive-level survey of the property containing sufficient historical research and analysis to determine whether the potential historic resource is a historic resource. Subsequent to receipt of the survey and any additional information or materials as may be necessary for a complete review, the director shall set the demolition clearance application, any required completed environmental review pursuant to CEQA, and all other required discretionary design review applications for a public hearing before the historic preservation commission pursuant to Section 15.20.080 of this code.
3. 
Following receipt and review of a demolition clearance application for a building, structure, or object in a pending historic district overlay zone, the director of community development shall determine whether the property, or any portion thereof, is a contributor or non-contributor to the pending district. This determination is a rebuttable presumption and shall be based on the information included in the historic district application under consideration by the city and any additional information or materials as may be necessary for a complete review.
a. 
For a property determined to be a contributor to the pending historic district, the director of community development shall prepare, or cause to be prepared by private consultants under contract with the city, an intensive-level survey of the property containing sufficient historical research and analysis to determine if the contributor to a pending historic district is a potential historic resource, and whether its demolition would cause an adverse impact to the pending historic district's eligibility for designation pursuant to Section 30.25.020 of this code. Subsequent to receipt of the survey and any additional information or materials as may be necessary for a complete review, the director shall set the demolition clearance application, any required completed environmental review pursuant to CEQA, and all other required discretionary design review applications for a public hearing before the historic preservation commission pursuant to Sections 30.25.040 and 30.25.050 of this code.
b. 
For a property determined to be a non-contributor to a designated historic district or pending historic district, no further environmental review under CEQA with regard to historic resources shall be required unless subsequent environmental review is necessitated pursuant to CEQA Guidelines Section 15162. The director of community development shall set the demolition clearance, any required environmental review pursuant to CEQA, and all other required discretionary design review applications for a public hearing before the historic preservation commission pursuant to Sections 30.25.040 and 30.25.050 of this code.
4. 
Following receipt and review of a demolition clearance application for a property that is not a designated historic resource, not a potential historic resource, and not a contributor or non-contributor to a pending or designated historic district overlay zone, no further environmental review with regard to historic resources will be required unless subsequent environmental review is necessitated pursuant to CEQA Guidelines Section 15162. Upon the determination by the director of community development that the project proposed for the site requires design review by the design review board pursuant to Title 30 of this code, the director shall set the demolition clearance application and all other required discretionary design review applications for a hearing before the design review board pursuant to Chapter 30.47 and Section 15.22.060 of this code.
5. 
Following receipt and review of a demolition clearance application for a property that is not a designated historic resource, not a potential historic resource, and not a contributor or non-contributor to a pending or designated historic district overlay zone, no further environmental review with regard to historic resources will be required unless subsequent environmental review is necessitated pursuant to CEQA Guidelines Section 15162. Upon determination by the director of community development that the project proposed for the site does not require design review by the design review board pursuant to Title 30 of this code, the director of community development shall review the demolition clearance application and all other required discretionary design review applications and make a final determination pursuant to Chapter 30.47 of this code.
B. 
The director of community development shall notify the applicant within 30 days of receipt of a demolition clearance application regarding the level of environmental review required pursuant to subsection A of this section and consistent with CEQA and the Permit Streamlining Act.
C. 
Garages and other accessory buildings, structures, and objects are exempted from this section if they are not located on a property that is a designated historic resource, potential historic resource, or contributor to a designated or pending historic district overlay zone.
D. 
Garages and/or other accessory buildings, structures, and objects are subject to this Section if the primary building on the property is not proposed for demolition and the property is a designated historic resource, potential historic resource, or contributor to a designated or pending historic district overlay zone. Following review of a demolition clearance application for such a garage and/or accessory building, structure, or object, the director of community development shall set a hearing before the historic preservation commission. The director may request the applicant provide additional information or materials as may be necessary for review by the historic preservation commission, including environmental review pursuant to CEQA.
(Ord. 5356 § 2, 2003; Ord. 5535 § 8, 2006; Ord. 5803 § 47, 2013; Ord. 5949 § 23, 2020)
All appeals shall be de novo, in that an independent reexamination of the matter shall be made.
A. 
Any person may appeal a decision made by the director of community development regarding a demolition clearance application to the historic preservation commission pursuant to Chapter 30.62 of this code.
B. 
Any person may appeal a decision of the historic preservation commission regarding a demolition clearance application to the city council pursuant to Chapter 2.88 of this code.
(Ord. 5356 § 2, 2003; Ord. 5803 § 48, 2013; Ord. 5949 § 24, 2020)
Upon determining that the conditions of this chapter have been met, the director of community development shall issue a demolition clearance as a prerequisite for a demolition permit. No demolition permit may be issued without approval of a demolition clearance application.
(Ord. 5356 § 2, 2003; Ord. 5803 § 49, 2013; Ord. 5949 § 26, 2020)
Nothing in this chapter shall prevent or delay the demolition of any building, structure, or object to remedy a condition the city's building official finds and determines to be unsafe or which poses an imminent threat to public safety.
(Ord. 5356 § 2, 2003; Ord. 5949 § 27, 2020)