Demolition
means the destruction, removal, or relocation of a structure not classified as an "incidental structure," or the permanent or temporary removal of more than twenty-five percent of the perimeter walls of the structure.
Demolition permit
means a permit issued by the City of Davis department of community development and sustainability providing clearance to undertake a demolition, which, as appropriate, incorporates a demolition certificate and/or relocation approval issued in accordance with Articles 8.19 and 40.23 of the Municipal Code.
Incidental structure
means accessory structures or buildings, such as sheds, trellises, fences, gazebos, play structures, and other similar structures as determined by the community development and sustainability director.
Structure
means any structure to which state agencies have regulatory power, used or intended for supporting or sheltering any use or occupancy, housing or enclosure of persons, animals, equipment or property of any kind, and also includes structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, appliances and equipment, installed as part thereof (1998 California Building Code).
Tract home
means one of a large number of similar looking homes built in a single subdivision generally characterized by repetition of design, floor plan, and architectural features and characterized as mass-produced as distinguished from a house that is custom built.
(Ord. 2125 § 1, 2003; Ord. 2390 § 2, 2012; Ord. 2433 § 1, 2014)
No demolition permit may be issued, nor may demolition occur within the city, without a demolition permit that has satisfied all requirements set forth below. For all demolitions within the city all of the following shall be completed prior to issuance of a demolition permit and prior to any and all demolition activity:
(a) 
A site management plan shall be submitted (on a form available at the city), reviewed by staff, and receive approval prior to issuance of a demolition permit. The site management plan shall include a material recycling plan, tree identification and protection/preservation consistent with the City Tree Preservation Ordinance, site grading, sidewalk protection and pedestrian access around the site, runoff control, weed control, details of any proposed fencing or screening, and the site appearance control. Other necessary materials or information may be required at the discretion of the community development and sustainability director or building official.
(b) 
At a minimum, a notice of application for demolition shall be posted in a prominent location on the site, mailed to all property owners of record within three hundred feet of the site, and notice shall be posted in the local newspaper providing contact information for the applicant and/or property owner for a minimum of fourteen days prior to issuance of a demolition permit.
(c) 
Demolitions carried out in accordance with this section shall be statutorily exempt from environmental review pursuant to Section 15268 of CEQA as ministerial projects provided such a demolition is not for a structure identified as a historic resource, or a resource pursuant to Section 15064.5 of CEQA Guidelines.
(Ord. 2125 § 2, 2003; Ord. 2390 § 2, 2012; Ord. 2433 § 2, 2014)
In addition to Section 8.19.020, demolition of all structures within the adopted conservation overlay district or within an historic district shall be subject to Article 40.23 of Chapter 40 of the Davis Municipal Code and the following:
All necessary discretionary entitlements, including, but not limited to, design review, conditional use permits, map applications, public hearings, CEQA clearance, and any other discretionary entitlements that may be necessary for the construction of a replacement project shall be completed prior to issuance of a demolition permit.
(Ord. 2125 § 3, 2003)
In addition to the requirements of Sections 8.19.020 and 8.19.030 above, demolition of all structures built fifty or more years from the date of demolition application submittal shall be subject to Article 40.23 of Chapter 40 of the Davis Municipal Code and the following:
(a) 
If the property is a resource in accordance with the Historic Resources Management Ordinance, demolition review shall be subject to the provisions of Article 40.23 of this Code.
(b) 
If a demolition permit application is received and the property is not designated under Article 40.23 of this Code, city staff shall have a maximum of thirty days to determine if the structure should be considered for historic designation consistent with the standards established in Article 40.23 of the Davis Municipal Code. A notice of application for demolition shall be posted in a prominent location on the site, mailed to all property owners of record within five hundred feet of the site, and notice shall be posted in the local newspaper providing contact information for the applicant and/or property owner for a minimum of fourteen days contiguous with the start of the thirty-day review period. The city shall make a determination whether or not to issue a demolition permit within this thirty-day period based on the potential historic value of the property in accordance with the criteria established in Article 40.23 of this Code. If the building is deemed to have a potential historic value, the city shall have, at its discretion, a maximum of ninety additional days to complete all necessary hearings to determine whether the property should be designated as a resource consistent with Article 40.23 of this Code. If, after review, the building is not designated as a historic resource, a demolition permit shall be issued.
(c) 
While the jurisdiction of the historical resources management commission is limited under this section of Article 8.19 to those properties that are fifty years old or more for which a demolition permit is sought, nothing herein should be construed to prevent the designation of properties as historical resources that are less than fifty years old; provided, that said designation is made pursuant to the requirements of Article 40.23, and is consistent with the requirements of federal and state cultural resources law for properties of exceptional significance.
(Ord. 2125 § 4, 2003; Ord. 2165 § 10, 2005; Ord. 2433 § 3, 2014)
(a) 
None of the provisions of this article shall prevent any measures of construction, alteration, or demolition necessary to correct unsafe or dangerous conditions of any structure, or part thereof, where such condition has been declared unsafe or dangerous by the city building official or city fire marshal, and where the proposed measures have been declared necessary by such official, to correct the said condition; provided that only that work which is absolutely necessary to correct the unsafe or dangerous condition is done and with due regard to preservation of the structure involved. In the event that a structure is damaged by fire, earthquake, or other natural disaster, to such an extent that in the opinion of the aforementioned officials it cannot be reasonably repaired or restored, it may be removed in conformity with normal demolition permit procedures and applicable laws. If the condition of an unsafe or dangerous designated historic resource so permits, the city official shall consult with the historic resources management commission prior to any corrective measures.
(b) 
Demolitions carried out in accordance with this provision shall be statutorily exempt from environmental review pursuant to Section 15269 of CEQA as an emergency project.
(Ord. 2125 § 5, 2003; Ord. 2433 § 4, 2014)
(a) 
Incidental structures. Incidental structures that are not part of designated historic property or part of a property potentially eligible for designation shall not be subject to the requirements of this article and shall not require issuance of a demolition permit in accordance with this section. Properties potentially eligible for designation include those surveyed and found to be eligible for designation and properties fifty or more years old but not yet surveyed for historic significance.
(b) 
Hardship exemption. Those applications under the purview of Article 40.23 shall be subject to the hardship exemption standards established in that article. Any person may apply for an exception from the provisions of this article on the grounds of hardship. Such application shall state the nature of the hardship and the reasons why an exception to this article is warranted. The application shall state in writing why the delay in pursuing the demolition of a structure until the requirements of this section are met would constitute a taking in contravention of the law. The application shall also include in a written statement in the application whether alternatives to the proposed demolition have been investigated. The application for a hardship exemption shall be heard by the planning commission pursuant to the procedures established in Chapter 40 for the hearing of applications for conditional use permits. The commission shall consider the provisions of this article together with the provision in Section 40.30.080 in determining whether to grant a hardship exception under this article. The planning commission may require the applicant to provide documentation of any hardship claim. Any action of the planning commission may be appealed to the city council under the terms and within the time frames set forth in Article 40.35 of this Code.
(c) 
Other demolition permits. Other demolition permits issued by the City of Davis department of community development and sustainability, such as interior demolitions, shall be exempt from Section 8.19.040.
(d) 
Overriding considerations.
(1) 
The community development and sustainability director shall have the authority to waive any or all of the requirements of Sections 8.19.020 and 8.19.030 for the demolition of automobile service stations if the director determines all of the following:
(A) 
That the structure is under fifty years of age and does not have the potential to be a historic resource; and
(B) 
That immediate issuance of a demolition permit outweighs the benefit of the requirements of Section 8.19.020 and/or 8.19.030; and
(C) 
That the demolition helps facilitate the removal of a potential attractive nuisance and/or visual blight and that further delay in demolition will likely result in continued degradation of the safety and aesthetic of the site; and
(D) 
That adequate measures have been taken to ensure that the demolition activity will not cause a public safety hazard.
(2) 
The community development and sustainability director shall notify the city council upon issuance of a demolition permit when utilizing this provision.
(Ord. 2125 § 6, 2003; Ord. 2151 § 2, 2005; Ord. 2153 § 1, 2005; Ord. 2390 § 2, 2012; Ord. 2433 § 5, 2014)
(a) 
Appeal procedures. Appeals of actions pursuant to this section shall be carried out in accordance with the appeal procedures established in Article 40.35 of the Davis Municipal Code.
(b) 
Stay of issuance of demolition permit. If the city council approves the issuance of a demolition permit, the demolition permit shall not be issued for a period of ten days from the date of the city council action to allow for filing of a judicial appeal.
(Ord. 2125 § 7, 2003)