Ferndale Zoning Code § 7.29 (Begin sections amended by Ord. 2025-06 on 11/19/2025) Demolition of Existing…

• 7.29.1 Purpose and Scope

The purpose of this section is to establish a process and standards for evaluating requests for the demolition of existing hotels, motels, and multifamily buildings regardless of age, location, or zoning, and buildings and structures in the Main Street Historic District as designated in 1994 by the National Park Service, and on individually designated historic properties that are listed on the National Register of Historic Places.

• 7.29.2 Definitions

For the purposes of this section, the following words are defined:

“Building” as used in this section shall have the same meaning as §3.17 “Building”.

• “Hotel” as used in this section shall have the same meaning as §3.39 “Hotel”.

• “Motel” as used in this section shall have the same meaning as §3.51 “Motel”.

“Multifamily” as used in this section shall have the same meaning as §3.28.3 “Dwelling, Multiple” or §3.28.5 “Dwelling Group”.

• “Non-transient” as used in this section shall mean a rental or lease for a term of thirty (30) days or more for the use as living quarters.

• “Protected unit” means a dwelling unit, excluding a manager’s unit, in a hotel, motel, or multifamily building used on a non-transient basis and subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or subject to any other form of rent or price control through a public entity’s valid exercise of its police power.

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“Structure” as used in this section shall have the same meaning as §3.70 “Structure”.

• 7.29.3 Review Required

  • No existing hotels, motels, or multifamily buildings located in any zone, or any buildings or structures in the Main Street Historic District as designated in 1994 by the National Park Service, or on individually designated historic properties that are listed on the National Register of Historic Places may be demolished and no building permit for demolition may be issued without approval pursuant to this chapter except as provided in Section §7.xx.xx Exceptions to Review Process.

• 7.29.4 Exceptions to Review Process The following is exempted from the demolition review process as detailed in §7.29.5 through §7.29.8:

• a. After consulting with the City Building Inspector or City Engineer, the City Manager may issue a demolition permit for a hotel, motel, and multifamily building, or any buildings or structures in the Main Street Historic District as designated in 1994 by the National Park Service, or on individually designated historic properties that are listed on the National Register of Historic Places that they determine to be an imminent hazard to public safety, either to the subject property or to neighboring properties, and where demolition is the only feasible means to secure the public safety. The City Manager shall issue their determination in writing. Prior to demolition of any such building, the applicant will measure and photo document the resource, where safety permits, and submit the documentation to the City Clerk.

• 7.29.5 Process for Demolition Requests for Hotels, Motels, and Multifamily Buildings Prior to the demolition of any hotels, motels, or multifamily buildings, or any buildings or structures in the Main Street Historic District as designated in 1994 by the National Park Service, or on individually designated historic properties that are listed on the National Register of Historic Places the following is required:

  • a. Application for a demolition shall be filed in the office of the City Clerk upon a form provided, and shall be accompanied by a filing fee and by such other information as may be required to describe fully the proposed demolition. Said filing fee shall be fixed by resolution of the City Council at such sum as it may determine necessary.

    • i. For any building or design review permit application where demolition is also proposed, permits shall be processed and issued concurrently.

  • b. The City Manager, or their designee, will forward the demolition application to the Planning Commission for consideration pursuant to §7.x.x where they determine that satisfactory evidence has been provided by the applicant that documents all of the following:

    • i. That the building or structure is less than fifty years of age and is not listed or eligible for listing on a cultural or historic resources register.

    • ii. The building does not include any protected units; or any protected unit that is demolished will be replaced with an equivalent unit that complies with the affordability requirements specified in subparagraphs (B) to (D) of Government Code Section 65915(c)(3), and as they may be amended from time to time.

  • c. Where the building or structure is fifty years or older or is listed or may be eligible for listing on a cultural or historic resources register, the City Manager

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or their designee will require preparation of a cultural resource evaluation in conjunction with the demolition permit application. The applicant is responsible for the cost of preparing the cultural resource evaluation.

• i. The cultural resources evaluation, prepared by a qualified consultant, shall determine the potential eligibility of the building for listing, individually and/or as a contributor to a potential district, on a cultural resources register.

  • ii. Concurrently with the preceding, the City Manager or their designee shall forward the application to cultural resources agencies and experts as they may deem necessary for review and comment.

  • iii. Buildings or structures determined eligible for listing, individually and/or as a contributor to a potential district, on a cultural resources register shall be referred to the Planning Commission for consideration as follows subject to the findings in §7.x.x.

  • d. The City Manager or their designee shall forward a report to the Planning Commission, including comments and recommendations received in response to consultations pursuant to paragraph C and schedule the application for a public hearing before the Planning Commission.

• 7.29.6 Planning Commission Findings for Approving Demolition Requests

  • a. The Planning Commission may approve the demolition application for an hotel, motel, or multifamily building, or any buildings or structures in the Main Street Historic District as designated in 1994 by the National Park Service, or on individually designated historic properties that are listed on the National Register of Historic Places only after first finding all of the following:

    • i. The Planning Commission determines that the building does not include three (3) or more protected units; or determines that any protected unit that is demolished will be replaced with an equivalent unit that complies with the affordability requirements specified in subparagraphs (B) to (D) of Government Code Section 65915(c)(3), and as they may be amended from time to time.

    • ii. The Planning Commission determines that demolition of the building is consistent and does not conflict with the City's goals, policies, and programs with respect to the management and protection of historic resources in the City as reflected in the City's general plan.

    • iii. The requested demolition complies with the California Environmental Quality Act.

  • b. If the Planning Commission approves the issuance of a demolition permit, the demolition permit shall not be issued for a period of ten (10) business days from the date of the Planning Commission action to allow for filing of an appeal to the City Council.

• 7.29.7

• Appeals

• a. Appeal procedures. Appeals of actions pursuant to this section shall be carried out in accordance with the appeal procedures established in Article 11 of the Ferndale Zoning Ordinance.

• 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 (10) business days from the date of the City Council action to allow for filing of a judicial appeal.

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• 7.29.8 Expiration of Decision; Permit Expiration

• a. A demolition permit must be obtained from the City Clerk after demolition is approved by the Planning Commission. A demolition permit must be secured within one (1) year after the date of the decision approving demolition unless:

  • i. Conditions of Planning Commission approval establish a shorter expiration period,

  • ii. An extension has been issued by the City Clerk, or

  • iii. A demolition permit has been issued by the City Clerk. Upon application by the property owner filed prior to the expiration of a demolition permit approved by the Planning Commission, the City Manager or their designee may approve up to one (1) additional year unless a demolition permit already has been issued by the City Clerk.

  • 7.29.9 Lot Maintenance After Demolition; Violation All lots shall be maintained in a clean, safe and aesthetically pleasing manner after demolition. Failure to comply shall be considered a violation subject to the penalties provided in Ordinance No. 06-04.