pages: HistoricalAdvisoryBoard/2005-02-03.pdf, 4
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HistoricalAdvisoryBoard | 2005-02-03 | 4 | Board member Lynch asked staff to find out how much the Work/Live permit would cost, how the permit would be enforced and would the occupant be advised of any limitations. Ms. Altschuler informed the Board that the Work/Live permit fee has not yet been determined. There would be an individual use permit required for each project, as well as a business license for each use. A deed restriction would also be required. If an applicant is in violation of the conditions of their use permit, it can be revoked by the Planning Board. M/S to continue this item to a future meeting for further discussion. (Miller/Lynch) 3-0-2. Ayes: 3; Noes: 0; Absent: 2. Motion carries. 4. Consideration and possible recommendation to the City Council to revise the definition of demolition in the Historic Preservation Ordinance. Ms. Altschuler began by informing the Board that it has become more difficult for Staff to determine whether a project meets the Historic Preservation Ordinance's definition of demolition which states that demolition occurs when 30% of the value of the building is removed. This definition has been challenging to administer because the meaning of "value of the building" can have many interpretations, thus there is no clear indication when a proposal includes a demolition and when it does not. For example, if the value of the building is based upon assessed value, two identical buildings could have a different assessed value (depending upon when it was last sold or whether it has Proposition 13 protection), and a larger portion of a building with a higher assessment could be removed before a demolition would occur. If value was dependent upon the cost of the work or materials, then more of a well-maintained, well- constructed property could be removed than a deteriorated one before the removal would meet the definition of demolition. Staff has reviewed the definition of demolition for a number of jurisdictions. Most have language similar to that for the City of Davis which states: "Demolition" means for the purpose of this article, any act or failure to act that destroys, removes, or relocates, in whole or in part a historical resource such that its historic character and significance is materially altered. This approach depends upon the discretion of staff rather than a qualitative method to determine when demolition has taken plan. The current Alameda definition is a better attempt at providing a more objective determination. However, even this definition is not sufficiently clear to allow both staff and the property owner to know when a structure is proposed to be demolished according to the Code. The Cities of San Jose and Los Gatos take a very objective approach. In San Jose, demolition is defined as" the removal of more than fifty percent of the exterior walls of a building.' In Los Gatos the definition is the "removal of more than twenty-five (25) percent of a wall(s) facing a public street(s) or fifty (50) percent of all exterior walls." Minutes of February 3, 2005 Regular Historical Advisory Board Meeting 4 | HistoricalAdvisoryBoard/2005-02-03.pdf |