(a) Permit and Findings. No permit shall be issued to demolish or cause to be demolished all or any part of a significant building in the downtown area unless:
(1) The city council determines that under the historic designation, taking into account the current market value, the value of transferable development rights, and the costs of rehabilitation to meet the requirements of the building code or other city, state or federal laws, the property retains no reasonable economic use; or
(2) The chief building official or the fire chief, after consultation, to the extent feasible, with the department of planning and development services, determines that an imminent safety hazard exists and that demolition of the building is the only feasible means to secure the public safety; or
(3) The city council determines that demolition of the building will not have a significant effect on the achievement of the purposes of this chapter.
(b) Application for a Permit to Demolish. An application for a permit to demolish any significant building in the downtown area shall comply with Chapter 16.04 of the Palo Alto Municipal Code. In addition to the contents specified under Chapter 16.04, any application for a permit to demolish a significant building in the downtown area, on the grounds specified in Section 16.49.060(a)(1), shall contain any appropriate and relevant economic information which will enable the council to make the necessary determination.
(c) Review of Application.
(1) Historic Resources Board. Applications which are accepted as complete for a permit to demolish a significant building in the downtown area on the grounds specified in Section 16.49.060(a)(1) or (3) shall be placed on the agenda of the historic resources board for hearing and recommendation. If the historic resources board does not act on the application within thirty days of referral to it, the city council may proceed without a recommendation from the historic resources board.
(2) City Council Hearing and Decision. Any application for permit to demolish a significant building in the downtown area on the grounds specified in Section 16.49.060(a)(1) or (3) shall be heard by the city council. Notice shall be given by mailed notice to all owners of property immediately adjacent to the property that is the subject of the application, and by publication at least once in a local newspaper of general circulation. The applicant shall have the burden of establishing that the criteria set forth in Section 16.49.060(a)(1) or (3) has been met. The council may approve, disapprove or approve the application with conditions, and shall make findings relating its decision to the standards set forth in Section 16.49.060(a). The decision of the council shall be rendered within thirty days from the date of the conclusion of the hearing.
(d) Permit to Move a Significant Building in the Downtown Area or in a Historic District. In reviewing an application for a permit to demolish a significant building in the downtown area or in a historic district on the grounds specified in Section 16.49.060(a)(1) or (3), the historic resources board may decide that the building may be moved without destroying its historic or architectural integrity and importance, and may recommend to the city council that the demolition permit be denied, but that a permit to relocate be processed, pursuant to Chapter 16.32 of this code. In that case, the time limits and notice requirements of Section 16.49.070(c) shall also be applicable.
(Ord. 5494 § 3, 2020: Ord. 3721 § 1 (part), 1986)