Demolition of a designated Santa Clara County heritage resource triggers full CEQA review and a Heritage Commission stay of up to 180 days. Loss of historic fabric is treated as a significant environmental impact requiring mitigation or mandatory findings of override.
California Public Resources Code §21084.1 makes destruction of a historic resource a significant CEQA effect by default. Santa Clara County Ordinance NS-1200.27 implements this through a demolition stay: a property listed on the Heritage Resource Inventory cannot be demolished until the Historical Heritage Commission completes review, with stays of up to 180 days for relocation or alternatives analysis. The applicant must prepare a CEQA initial study addressing alternatives such as adaptive reuse, partial preservation, or façade retention. The Board of Supervisors makes final findings and may require HABS-level documentation, salvage of significant materials, and interpretive signage on any replacement structure. Emergency demolition orders for unsafe structures bypass the stay but require post-demolition documentation.
Unauthorized demolition of a designated heritage resource exposes the property owner and contractor to CEQA enforcement, restitution orders, civil penalties up to $50,000 per violation, and personal liability under SCC Ord. NS-1200.27.
See how San Jose's hcm demolition controls rules stack up against other locations.
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