This chapter provides for discretionary review 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)
Discretionary approval of a demolition permit shall be secured under the provisions of this chapter before demolition of any building or structure (see demolition definition in 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). Approval of a demolition permit shall also be required before a structure is moved from any site within the city.
(Ord. 01-594 § 2, 2001; Ord. 14-940 § 32, 2014)
A demolition permit may be approved by the Planning and Development
Services Director or the Planning Commission, whichever has authority
to approve the discretionary permits being processed concurrently
with the demolition permit application; provided however, that:
A.
The Planning and Development Services 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)
A.
An application for a demolition permit shall not be considered complete unless accompanied by complete applications for all discretionary 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 discretionary applications and shall not be approved until and unless all discretionary permits for the proposed new project on the site are approved. This discretionary 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:
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 183, 2019)
A 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.
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Conditions may be imposed on the 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.
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(Ord. 01-594 § 2, 2001; Ord. 03-663 § 4, 2003)
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 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; 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)
A demolition permit may be suspended or revoked by the Planning
and Development Services Director upon finding that:
A.
The
demolition permit was obtained in a fraudulent manner;
B.
The
demolition permit was issued in error;
C.
The
permittee has failed or refused to comply with any condition of approval;
or
D.
Significant
demolition activity has ceased for more than 30 successive calendar
days.
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A suspension of the permit shall take effect immediately, and
shall be followed by a public hearing, at which the Planning and Development
Services Director shall consider evidence pertaining to any or all
of the above findings and determine whether the permit should be reinstated
or revoked. Not less than 10 days' notice of the hearing shall be
given to the permittee.
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(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 184, 2019)
A demolition permit approved under this chapter shall expire the sooner of six months from the date of approval by the Planning and Development Services 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 Planning and Development Services Director before the expiration date. A decision on the application for extension shall be made by the Planning and Development Services Director. An extension shall not be granted unless the construction financing referred to in Section 19.50.060(B) is in place.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 185, 2019)
