This chapter provides for discretionary review, and ministerial review in the case of projects requesting a ministerial housing permit, before demolition of any structure, to protect against the inadvertent destruction of structures of historic, architectural or cultural importance, and the potentially blighting effects that the unregulated demolition of structures can have on surrounding neighborhoods.
(Ord. 01-594 § 2, 2001; Ord. 25-09, 5/19/2025)
A. 
Discretionary approval of a demolition permit shall be secured under the provisions of this chapter before any demolition of any building or structure (see demolition definition Section 19.90.020, Definitions of Specialized Terms and Phrases) and before commencement of a substantial remodel as that term is defined in Section 19.48.020(D). (Development permits — Applicability). Ministerial approval of a demolition permit shall be secured under the provisions of this chapter before demolition of any building or structure in association with a development project requesting ministerial review under Chapter 19.45 (Ministerial Housing Permit) of this code. Approval of a demolition permit shall also be required before a structure is moved from any site within the city. Notwithstanding the above, discretionary approval of a demolition permit under this chapter shall not be required when:
1. 
A building or structure is deemed an unsafe building as defined in the West Hollywood Building Code, as determined by the Building Official; or
2. 
A vacant property as defined in Chapter 9.64 (Vacant Properties) has been deemed an imminent threat to public safety, as determined by the Director of Community Safety, or other designee as designated by the City Manager, in consultation with the Director of Community Development. This provision shall only be in effect through December 4, 2026. The determination will be based on some or all of the following characteristics:
a. 
Within a six-month period, more than two calls for service to the West Hollywood Sheriff's Station and/or city code enforcement has occurred where evidence of intrusion by trespassers is confirmed on a property.
b. 
The Los Angeles County Fire Department determines the cause of a fire on a property is related to trespassing and not arson.
c. 
The property owner fails to comply with the city's on-site security requirements for vacant properties.
d. 
The building or structure on a property is unsafe to enter or occupy due to significant public health and/or safety risks.
e. 
The property owner is unresponsive when notified of safety concerns on the property or is unknown.
f. 
The property is not being maintained in compliance with the city's vacant property and/or public nuisance ordinances and has been cited more than two times within a six-month period for fire-related hazards.
B. 
In circumstances under which the Director of Community Safety has determined a vacant property building meets the criteria of an imminent threat to public safety and permits demolition, demolition permits may also be issued for adjacent structures that are held under common ownership if those other buildings are contributing to the safety issues on site.
C. 
If a vacant property has met the criteria stated in subsection (A)(1) or subsection (A)(2), above, and contains a designated historic resource or a potentially historic resource, is being formally considered for this designation, or is listed on the city's List of Potential Resources, the Director of Community Safety, in consultation with the Director of Community Development, shall not approve demolition prior to all other discretionary or ministerial permits required under this code.
D. 
If a vacant property has met the criteria stated in subsection (A)(1) or subsection (A)(2), above, and contains housing units that are legally required to be replaced under state law or this code, then those units shall be replaced in any new future development project on the site in order for the development project to be approved. A deed restriction detailing the housing unit replacement requirement (and any affordability restrictions on the replacement units) shall be recorded on the property prior to the issuance of a demolition permit in these cases requiring replacement in future developments.
E. 
If a vacant property has met the criteria stated in subsection (A)(1) or subsection (A)(2), above, and contains any vegetation or trees on site that are contributing to the threat to public safety, as determined by the Director of Community Safety, in consultation with the Director of Community Development, then the vegetation and trees may also be removed notwithstanding other provisions of this code pursuant to Chapter 19.26 (Landscaping Standards.)
(Ord. 01-594 § 2, 2001; Ord. 14-940 § 32, 2014; Ord. 24-32, 11/4/2024; Ord. 25-09, 5/19/2025)
A demolition permit may be approved by the Community Development Director or the Planning Commission, whichever has authority to approve the discretionary or ministerial permits being processed concurrently with the demolition permit application; provided however, that:
A. 
The Community Development Director may approve a demolition permit in the event demolition of a structure is compelled by public safety as provided in Section 19.50.040; and
B. 
Only the Planning Commission is empowered to approve a demolition permit for demolition or remodel of a designated cultural, historic or architectural landmark, or for demolition of a structure to be replaced by an interim use, as provided in Section 19.50.040(C).
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 182, 2019; Ord. 24-16, 6/24/2024; Ord. 25-09, 5/19/2025)
A. 
An application for a demolition permit shall not be considered complete unless accompanied by complete applications for all discretionary or ministerial approvals necessary for the proposed new construction on the site, except as provided in subsection C, below.
B. 
The application for a demolition permit shall be processed concurrently with all other required applications and shall not be approved until and unless all permits for the proposed new project on the site are approved. This approval, as well as compliance with Section 19.50.060, is a prerequisite to issuance of a demolition permit by the Building Official.
C. 
Notwithstanding the foregoing, concurrent processing of permits shall not be required for processing and approval of a demolition permit when a proposed interim use resulting from a demolition satisfies a public need, as determined by the Planning Commission at a public hearing:
1. 
Compelled by public safety due to the imminent hazard posed by a building, as determined by the Building Official; or
2. 
A proposed interim use resulting from a demolition satisfies a public need, as determined by the Planning Commission at a public hearing.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 183, 2019; Ord. 24-32, 11/4/2024; Ord. 25-09, 5/19/2025)
A. 
An application for a ministerial demolition permit shall not be considered complete unless accompanied by a complete ministerial housing permit application and all other approvals necessary for the proposed new construction on the site.
B. 
The application for a demolition permit shall be processed concurrently with a ministerial housing permit and all other required applications and shall not be approved until and unless all permits for the proposed new project on the site are approved. This approval, as well as compliance with Section 19.50.060, is a prerequisite to issuance of a demolition permit by the Building Official.
(Ord. 25-09, 5/19/2025)
A discretionary demolition permit shall be approved if the following findings are made in a positive manner:
A. 
All other applications for discretionary permits necessary for the new project to be constructed on the site have been approved, or, alternatively, the requirements of Section 19.50.040(C) are satisfied; and
B. 
The building or structure is not a designated historic resource, is not being formally considered for this designation, and is not listed on the city's List of Potential Resources or, alternatively, the building is a designated resource, but is being demolished or remodeled pursuant to a certificate of appropriateness issued by the Historic Preservation Commission.
Conditions may be imposed on the discretionary demolition permit to carry out the purpose and intent of this chapter, and to protect the integrity of the neighborhood in which the structure or building to be demolished is located.
(Ord. 01-594 § 2, 2001; Ord. 03-663 § 4, 2003; Ord. 25-09, 5/19/2025)
A demolition permit for projects seeking a ministerial housing permit shall be approved if the following findings are made in a positive manner:
A. 
A ministerial housing permit for the new project to be constructed on the site has been approved; and
B. 
The building or structure is not a designated historic resource, is not being formally considered for this designation, and is not listed on the city's List of Potential Resources or, alternatively, the building is a designated resource, but is being demolished or remodeled pursuant to a certificate of appropriateness issued by the Historic Preservation Commission.
(Ord. 25-09, 5/19/2025)
The Building Official shall not issue a demolition permit, or a building permit which includes demolition, for demolition of any structure, or for a substantial remodel, as that term is defined in Section 19.48.020(D) (Development Permits - Applicability) unless:
A. 
Discretionary approval of the demolition permit has been obtained in compliance with this chapter;
B. 
The applicant has received all required planning entitlements for the proposed new construction for the site, provided evidence that construction financing has been secured or committed, and executed architectural, engineering and construction contracts, unless the demolition is exempt from this requirement by virtue of Section 19.50.040(C), and the Building Official has received both an application for building and demolition permits and complete plans and specifications for the replacement buildings;
C. 
In the event that the building to be demolished contains registered rental units, the tenant notice and relocation requirements of the Rent Stabilization Ordinance and California Government Code Section 66300.6 have been met to the satisfaction of the Director of Rent Stabilization; and
D. 
In the event that the building to be demolished contains rental housing, the applicant has offered the right of first refusal to occupy any replacement housing to be constructed on the site to tenants displaced by the demolition in compliance with California Government Code Section 66300.6; provided, however that occupancy of inclusionary units shall be governed by the provisions of Chapter 19.22 (Affordable Housing Requirements and Incentives).
(Ord. 01-594 § 2, 2001; Ord. 06-742 § 6, 2006; Ord. 14-940 § 33, 2014; Ord. 25-09, 5/19/2025)
The Building Official shall not issue a demolition permit, or a building permit which includes demolition, for demolition of any structure, or for a substantial remodel, as the term is defined in Section 19.48.020(D) unless:
A. 
Ministerial approval of the demolition permit has been obtained in compliance with this chapter;
B. 
The applicant has received all required planning entitlements for the proposed new construction for the site, provided evidence that construction financing has been secured or committed, and executed architectural, engineering and construction contracts, unless the demolition is exempt from this requirement by virtue of Section 19.50.040(C), and the Building Official has received both an application for building and demolition permits and complete plans and specifications for the replacement buildings;
C. 
In the event that the building to be demolished contains registered rental units, the tenant notice and relocation requirements of the Rent Stabilization Ordinance and California Government Code Section 66300.6 have been met to the satisfaction of the Director of Rent Stabilization; and
D. 
In the event that the building to be demolished contains rental housing, the applicant has offered the right of first refusal to occupy any replacement housing to be constructed on the site to tenants displaced by the demolition in compliance with California Government Code Section 66300.6; provided, however that occupancy of inclusionary units shall be governed by the provisions of Chapter 19.22 (Affordable Housing Requirements and Incentives).
(Ord. 25-09, 5/19/2025)
Prior History: Ord. 01-594 § 2, 2001; Ord. 19-1058 § 184, 2019; Ord. 24-16, 6/24/2024; repealed by Ord. 25-09, 5/19/2025.
A demolition permit approved under this chapter shall expire the sooner of six months from the date of approval by the Community Development Director or Planning Commission, as applicable, if demolition pursuant to the permit has not commenced or is not proceeding with due diligence, or upon expiration of the discretionary permits approved concurrently therewith. The permittee may request one or more extensions of time of not to exceed six months each, provided that the application for an extension is filed with the Community Development Director before the expiration date. A decision on the application for extension shall be made by the Community Development Director. An extension shall not be granted unless the construction financing referred to in Section 19.50.060(B) is in place. Notwithstanding the above, a ministerial demolition permit for a Ministerial Housing Permit shall have the same expiration terms, unless otherwise stated by any applicable state law.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 185, 2019; Ord. 24-16, 6/24/2024; Ord. 25-09, 5/19/2025)