(A) No structure on a designated property shall be demolished unless the city shall make one of the following three findings, following notice to the extent required by § 157.005 and hearing(s) pursuant to this chapter.
(1) The designated structure is unsafe or a hazard to the public as a result of an unforeseen event such as a fire or earthquake. Said demolition shall only be undertaken if in accordance with City of Eureka Municipal Code, Volume 2, Chapter 150: Building Regulations, and Cal. Pub. Res. Code § 5028;
(2) Taking into account the potential value to the owner of the property of all available city and other accommodations and incentives including transferable development rights, zoning ordinance modifications, alternative building code standards or provisions, loans, grants, reimbursements and tax reductions, one or more of the following circumstances exist;
(a) The current or most recent use of the property is not permitted under the current planning code (except as a nonconforming use) and adaptive reuse is not economically feasible;
(b) The adverse impact on the owner of the property is unreasonably large in comparison to the public benefit from denying demolition;
(c) The demolition would further a substantial community interest or result in a net community benefit;
(d) Denying permission to demolish would result in a taking or would violate state or federal law.
(3) Demolition must be allowed pursuant to the State Housing Law (Cal. Health and Safety Code §§ 17900 et seq.) or other applicable state or federal law.
(B) Conditions may be imposed on demolition to the extent authorized by any other applicable law or this chapter, including without limitation the following:
(1) Documentation may be required of any structure to be demolished and/or for the property;
(2) Historic Preservation Commission Review and Historic Preservation Commission approval may be required for any subsequent development at the property;
(3) Demolition may be delayed for up to 90 days to allow time to identify a prospective buyer for the property, to identify a third party interested in relocating the affected structure or to allow the city to determine whether to begin eminent domain procedures, and for up to an additional 90 days to allow completion of the purchase or relocation or commencement of a judicial condemnation action if, within the initial 90 days a buyer or third party is identified or the city determines to begin eminent domain procedures. In the case of purchase or relocation by a third party, demolition may be denied where a third party willing and able to purchase the property or relocate the structure within the time established by this subdivision is identified and makes a bona fide offer to purchase the property or structure at fair market value, as determined by appraisal.
(4) With respect to demolition of a structure on a district property, the city shall take into account the importance of an affected structure to the integrity of the district, and may: limit the size of new development to that of the existing structure; require that the scale of new development be harmonious with other structures which contribute to the district’s character; require retention or reconstruction of one or more facades; and/or require that any replacement structure be of like kind or quality to the demolished structure and contribute to the integrity of the preservation district.
(C) No structure on a designated property shall be altered unless the alteration is approved by the city, following notice to the extent required by § 157.005 and hearing(s) pursuant to this chapter. The Commission may adopt guidelines for alterations and review of alteration applications, applicable specifically to designated properties and/or district properties. Except to the extent such guidelines provide differently, a proposed alteration shall be considered in light of its effect on the existing character of the affected structure as it relates to the streetscape.
(D) No zoning permit for a use or for a structure or sign or exterior alteration, enlargement or major remodeling of an existing use, structure or sign on a designated property that is subject to design review as prescribed in Chapter 155 of the Eureka Municipal Code, shall be issued until the design has been approved. Design review for projects subject to this chapter that have the potential to permanently affect the historic integrity or character of the property pursuant to the Secretary of the Interior's Standards shall be approved by the Commission. Design review for projects not subject to this chapter and that will not permanently affect the historic integrity or character of the property shall be approved by the Design Review Committee.
(Ord. 607-C.S., passed 3-19-96; Am. Ord. 715-C.S., passed 11-27-07; Am. Ord. 754-C.S., passed 8-3-10; Am. Ord. 791-C.S., passed 12-4-12; Am. Ord. 885-C.S., passed 5-21-19) Penalty, see § 150.999