Chapter 84.20
HISTORIC ALTERATION AND DEMOLITION PERMITS
Sections:
84.20.080 Historic resource alterations and demolition criteria.
84.20.090 Historic resource alteration permit procedures.
84.20.100 Exception to denial.
84.20.110 Emergency historic resource alteration permits.
84.20.130 Ordinary maintenance and repair.
84.20.140 Duty to keep in good repair.
84.20.160 Violations – Public nuisances.
84.20.170 Penalty for violations.
84.20.180 Expiration of historic resource alteration permit approval.
84.20.010 Intent and purpose.
This chapter is adopted to assure the preservation and enhancement of the City of Coronado’s historical and cultural heritage by preserving, rehabilitating or restoring, whenever possible, buildings or structures which have distinctive architectural features or historical associations that contribute to the historic fabric of the City. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.020 Definitions.
For the purpose of this chapter, the following words and phrases have the following meanings:
A. “Alteration” means an addition, relocation, demolition or any change affecting the exterior visual qualities of a historic resource including, but not limited to, architectural features, visual characteristics, design and materials, excluding routine maintenance.
B. “Commission” means the Coronado Historic Resource Commission.
C. “Demolition” means any act that destroys, in whole or in part, the exterior of a building, structure, or designated historic resource.
D. “Demolition permit” means any permit issued by the Community Development Department which authorizes the total or partial demolition of a building or structure (excluding interior demolition).
E. “Emergency historic alteration permit” means a permit issued by the Building Official where such alteration is shown to be immediately necessary to protect the public safety or for preservation of a historic resource.
F. “Historic resource” means an object, building, structure, or site, which is significant in terms of architectural, engineering, scientific, economic, agricultural, educational, social, political, archaeological, military or cultural history and has been designated as such by the City.
G. “Secretary of the Interior’s Standards” means standards that provide guidance for preservation, rehabilitation, restoration and reconstruction of historic resources, established by the National Park Service and used by the City of Coronado as standards for approval of alterations to Historic Resources. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.030 Reserved.
(Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.040 Reserved.
(Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.050 Reserved.
(Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2025 § 22, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.060 Reserved.
(Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.070 Reserved.
(Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.080 Historic resource alterations and demolition criteria.
For the purposes of this chapter, no person shall alter, relocate or demolish a historic resource or contributing resource within a Historic District without first having obtained a historic resource alteration permit; unless where such alteration is shown to be immediately necessary to protect the public safety or the preservation of a historic resource, the Building Official may issue an emergency historic resource alteration permit as specified in this chapter. The Historic Resource Commission, or the City Council, may issue a historic resource alteration permit when the findings required herein are made.
A. Any proposed alteration shall require the following findings:
1. The proposed alteration is consistent with the purpose and intent of this chapter, the Historic Preservation Element and the General Plan.
2. The proposed alteration will not adversely affect the historical, architectural or aesthetic value of the historic resource.
3. The proposed alteration will retain the essential elements that make the historic resource significant.
4. The proposed alteration will not adversely affect the historic resource’s relationship to its surroundings and neighboring historic resources.
5. The proposed alteration will comply with the Secretary of the Interior’s standards as set forth in Section 106 of the National Historic Preservation Act of 1966. In the case of a proposed alteration on property located within a Historic District, the alteration does not adversely affect the character of the Historic District.
B. Any proposed relocation or demolition shall require one or more of the following findings:
1. The proposed action is necessary to provide a public use which will be of more benefit to the public than the historic resource, and there is no feasible alternative location for the public use; or
2. The proposed relocation is necessary to protect the historic resource and can be accomplished without significant damage to its physical integrity or historical value; or
3. The proposed demolition is necessary to protect the public health and safety, and repair or stabilization will not correct the hazardous condition; or
4. The property owner has demonstrated that a thorough analysis has been undertaken for viable options for the preservation of the structure including, but not limited to, relocation, alternative land uses, increased densities within the existing building, restoration, facade easements, and potential buyers through advertisement in historic journals and magazines but there does not appear to be a solution and has resulted in considerable financial hardship to the property owner; or
5. The proposed action will not detract from or adversely affect the character of the Historic District. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.090 Historic resource alteration permit procedures.
A. An application for a historic resource alteration permit shall be filed with the Community Development Department on forms provided by the City of Coronado Community Development Department. Upon determination of the application’s completeness, the request shall be set for public hearing before the Historic Resource Commission at the next available meeting.
B. The Community Development Department shall provide notice of the historic resource alteration permit request by providing notice of the date, place, time and purpose of the hearing at least 10 days prior to the date of the public hearing by posting at City Hall, publication once in a newspaper of general, local circulation, and mailing notice through first class mail to the applicant and private owner(s) of the historic resource(s) and property owners within 300 feet.
C. The applicant/property owner(s) or applicant/property owner(s)’s representative shall attend the public hearing.
D. The Historic Resource Commission shall review the application in reference to the definitions and alteration, relocation, or demolition criteria set forth in this chapter.
E. Not later than 21 days following the close of a public hearing on any historic resource alteration permit request, the Historic Resource Commission shall, by resolution, approve, conditionally approve or deny the request. The resolution shall also recite the reasons and facts for said determination.
F. Except as otherwise provided in subsection G of this section, the decision of the Commission shall become final 10 calendar days after the adoption of the resolution unless a notice of appeal to the City Council is filed with the City Clerk in accordance with Chapter 1.12 CMC.
G. Any historic resource alteration permit application submitted to the City for historic resource preservation benefits as outlined in either CMC 84.10.090(D) or (G) shall follow the procedures set forth in subsections A through E of this section; provided, however, that the decision of the Historic Resource Commission to grant the permit shall only be a recommendation to the City Council. The City Council shall review the Commission’s recommendation at a noticed public hearing as described in subsection B of this section. The City Council shall approve the historic resource alteration permit if it conforms to all the requirements of this title. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2025 § 24, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.100 Exception to denial.
Notwithstanding the failure to satisfy the criteria for the issuance of a historic resource alteration permit, the Commission, or City Council on appeal, may issue a permit with written findings that demonstrates that denial of the permit will result in an immediate and substantial hardship on the applicant because of conditions peculiar to the applicant, the owner of the property, attendant or resident, or because of conditions peculiar to the historic resource. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.110 Emergency historic resource alteration permits.
The Building Official may issue an emergency historic resource alteration permit when a condition or proposed alteration is shown to be immediately necessary to protect the public safety (due to an unsafe or dangerous condition) or the preservation of a historic resource as determined by the Building Official and Fire Marshal. The emergency permit shall be documented by a written report and photographs describing the emergency condition necessitating the permit. The emergency historic resource alteration permit and supporting documentation shall be forwarded to the Historic Resource Commission for review at a noticed public hearing within two weeks of the permit issuance or as soon thereafter as possible. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.120 Reserved.
(Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.130 Ordinary maintenance and repair.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of a resource that does not involve a change in design, material or appearance unless specified in a historic designation resolution. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.140 Duty to keep in good repair.
The owner, occupant or other person in actual charge of a historic resource, or historic resource(s) located within a Historic District, shall keep in good repair the exterior portions of all such historic resource(s), and interior components thereof whose maintenance is necessary to prevent deterioration and decay of any exterior element of the historic resource(s). (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.150 Enforcement.
All department heads, officials or other employees of the City vested with the duty or authority to issue any permit, license or certificate shall conform to the provisions of this chapter, and shall issue no permit, license or certificate for demolition or alteration of residential historic resources or potential historic resources in conflict with the provisions contained in this chapter, and any such permit, license or certificate so issued, intentionally or otherwise, shall be null and void. It shall be the duty of the Director of Community Development to enforce the provisions of this chapter. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.160 Violations – Public nuisances.
Any building or structure altered or demolished contrary to the provisions of this chapter and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this chapter shall be, and same are hereby declared to be, unlawful and a public nuisance; and the City Attorney shall immediately take actions or proceedings for the abatement and removal and enjoinment therein in the manner provided by law, and shall take such steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such alteration, structure or use, and restrain and enjoin any person, firm or corporation from altering, demolishing, or using such building, structure or property contrary to the provisions of this chapter including, but not limited to, the requirement that the owner return the building, structure or property to the same condition that it was in prior to demolition or alteration. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.170 Penalty for violations.
Any person, firm or corporation, whether as principal, agent, employee, contractor, employer or otherwise, who violates or causes the violation of any provision of this chapter shall be guilty of a misdemeanor, except that, notwithstanding any other provisions of this code, any such violation constituting a misdemeanor under this chapter may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2029 § 2, 2011; Ord. 2018 § 4 (Att. C), 2010)
84.20.180 Expiration of historic resource alteration permit approval.
Approval of a historic alteration permit shall expire within three years of the date of final City approval if substantial work on the project has not commenced, unless the permit has been extended pursuant to this section. Upon written request from the applicant, the Director of Community Development may grant or extend an approval up to an additional year. Upon written request from the applicant, the Historic Resource Commission may grant or extend an approval for more than one additional year, if the Commission’s motion or resolution incorporates a finding regarding the ongoing nature of the project, and specifically states the duration of the approval. (Ord. 2088 § 2 (Exh. A), 2018; Ord. 2030 § 1, 2012)