This chapter provides for discretionary review and approval before demolition of any structure within the city occurs. The intent is to protect against the inadvertent destruction of structures of historic, architectural or cultural importance. The city council finds that historically significant structures within the city constitute a cultural treasure for the entire community to enjoy, and that the preservation of these structures will promote the general welfare by maintaining an invaluable link to the city's rich and distinguished past.

The city's permit procedures for demolishing structures therefore recognize that efforts should be made to identify historic resources, study alternatives to demolition, preserve the city's historic structures and, if a historic structure is approved for demolition, conditions should be considered and imposed prior to the demolition which may provide the opportunity for persons to reclaim potentially historic structures or features from destruction in some form to preserve the posterity of the historic and cultural significance of the structure. (Ord. 5356 § 2 (part), 2003)

This chapter shall apply citywide to any structure for which an application for a demolition permit is made. No structure shall be demolished until the city's building department issues a demolition permit for which a clearance has first been granted in accordance with this chapter by the director of planning or his or her designee. (Ord. 5356 § 2 (part), 2003)

The following words, as used in this chapter, still have the meanings herein prescribed for them:

"CEQA," means the California Environmental Quality Act, contained in California Public Re-sources Code Section 21000, et seq., and Title 14 of the California Code of Regulations as they both now exist or may hereafter be amended.

"Director of planning" shall mean the director of planning or his or her designee. (Ord. 5535 § 6, 2006: Ord. 5356 § 2 (part), 2003)

Prior to submitting an application to the permit services center for a demolition permit, a request shall first be submitted to the director of planning for a demolition clearance pursuant to this chapter. Such request shall be made on a form provided by the planning division and shall:

A. Be completed by the owner of the structure proposed for demolition, or the owner's authorized representative, and submitted to the planning division.

B. Describe the purpose of the demolition.

C. Identify the structure to be demolished by providing a description of the structure, its address, photos of the structure from all sides, legal description and tax assessor's parcel number.

D. Specify the date that construction of the structure was completed, and include documentation verifying that date to the satisfaction of the director of planning. If documentation is unavailable to reasonably establish the date of completed construction, the applicant shall write "age of structure unknown -- no documentation available" on the permit application. (Ord. 5356 § 2 (part), 2003)

Demolition permit applications for a historic resource as defined in Section 15.20.020 shall be scheduled for review and approval by the historic preservation commission pursuant to Section 15.20.080 of this code. An environmental impact report shall be prepared in accordance with CEQA and shall be considered by the commission before making a decision on the demolition permit application. Pursuant to Section 15.20.080(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.

Following the decision of the historic preservation commission, the commission shall inform the applicant and the public of the right to appeal. The director of planning shall grant a clearance only after: (1) Such a permit has been approved by the historic preservation commission; (2) All discretionary approvals for the replacement project have been obtained in compliance with this code; and (3) The time limit for appeals has expired. (Ord. 5356 § 2 (part), 2003)

Demolition permit applications for any historic building or structure in a designated historic district, or for any building or structure proposed to be demolished in conjunction with an application for new construction subject to design review pursuant to Title 30 of this code, shall be scheduled for review and approval by the design review board, unless said demolition is subject to review by the historic preservation commission pursuant to Section 15.22.050 of this chapter. The appropriate environmental review shall be conducted in accordance with CEQA and shall be considered by the design review board before making a decision on the demolition permit application. 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.

Following the decision of the design review board, the board shall inform the applicant and the public of the right to appeal. The director of planning shall grant a clearance only after:

A. Such a permit has been approved by the design review board;

B. All discretionary approvals for the replacement project have been obtained in compliance with this code; and

C. The time limit for appeals has expired. (Ord. 5535 § 7, 2006: Ord. 5425 § 16, 2004: Ord. 5356 § 2 (part), 2003)

A. Applicability. Demolition permit applications for structures older than thirty (30) years old as of the date of the demolition permit and application and not considered historic resources as defined under Section 15.20.020 of this title, not within a historic district overlay zone established pursuant to Title 30 of this code, or not part of an entitlement process including CEQA review, shall be scheduled for review by the director of planning.

Demolition permit applications for structures which are not part of an entitlement process including CEQA review shall be exempted from this section if a CEQA review adopted by the city of Glendale within the last five (5) years has found that the structure is not a historic resource as defined by the Section 15064.5 of the State CEQA Guidelines.

Garages and other accessory buildings are exempted from this section if they are not located on a property which contains a historic resource as defined in Section 15.20.020 of this title; if they are not within a historic district overlay zone adopted in accordance with Title 30 of the Glendale Municipal Code; and if they are not located on a property that has been found to be significant in a historic resources survey meeting the criteria of Section 5024.1(g) of the California Public Resources Code.

B. Review and Notice. A decision for approval, approval with conditions, or further environmental review under CEQA shall be made within seven (7) days from receipt of the demolition permit application. The decision of the director of planning shall be posted for a seven (7) day period on the subject property and the bulletin board outside of city hall before the director of planning grants a clearance.

If the director of planning, after review of the demolition permit application and all other available data including historic resource surveys, determines that the structure has no historical significance and demolition of the structure is determined to be exempt from CEQA, the permit application and structure shall also be exempt from further review by the city under this chapter, unless an appeal of the director's decision is made in accordance with this chapter. If no appeal is filed within the time provided for by this chapter, the director of planning shall grant a clearance pursuant to Section 15.22.020 of this code.

Upon council approval of a citywide historic survey, this section shall apply only to those buildings identified as significant in the citywide historic survey.

If the director of planning, after review of the demolition permit application and all other available data including historic resource surveys, determines that the structure may have historical significance and its demolition requires the preparation of a negative declaration or an environmental impact report under CEQA, and after conducting the appropriate environmental review under CEQA, the director may subsequently approve, approve with conditions or deny the clearance pursuant to Section 15.22.020 of this code. (Ord. 5535 § 8, 2006: Ord. 5356 § 2 (part), 2003)

Any person may appeal a decision regarding clearances from the director of planning to the city council pursuant to the uniform appeal procedure, Chapter 2.88. The person making the appeal shall file within fifteen (15) days of the date of the decision. (Ord. 5356 § 2 (part), 2003)

The city shall have the right to condition the issuance of a demolition permit to further the goals of this chapter and to protect the public health, safety and welfare interests of its citizens. If a demolition permit application is conditioned by imposing a delay, the city shall reasonably cooperate with the applicant and the owner of the structure for the purposes of saving the structure through purchase of the property, relocating the structure, or by any other means to rescue the structure from demolition, in the shortest time possible, but no longer than ninety (90) days, unless extended by the city council after a public hearing. The city shall make every reasonable effort to provide for the preservation of the structure, but nothing in this chapter shall require the city to purchase, relocate or otherwise expend city funds in connection with the efforts to save the structure. (Ord. 5356 § 2 (part), 2003)

Upon determining that the conditions of this chapter have been met, the director of planning shall issue a clearance for a demolition permit application. No demolition permit may be issued without such a clearance. (Ord. 5356 § 2 (part), 2003)

Nothing in this chapter shall prevent or delay the demolition of any structure to remedy a condition determined dangerous to the general public as determined by the director of public works. (Ord. 5356 § 2 (part), 2003)