San Jose Municipal Code Part 5 Demolition or Removal of Buildings

For the purpose of this part, "demolition permit" means a building permit issued by the building division pursuant to Section 301 of the uniform building code, as adopted pursuant to the provisions of Chapter 24.02 of Title 24 of this Code, for the purpose of allowing the demolition of a structure.

(Ord. 26248.)

For the purpose of this part, "demolition" means removal of more than fifty percent of the exterior walls of a building.

A. A wall, or portion of a wall, is deemed "removed" when its structure is removed or moved to another location or elevation on site, or when the wall is enclosed behind newly constructed space.

B. For the purposes of calculating the amount of exterior walls removed, the remaining exterior walls must be contiguous.

C. Removal and replication of framing and/or siding for purposes of repair only does not constitute removal or demolition.

(Ords. 26248, 26455.)

For the purpose of this part, "removal permit" means a building removal permit which is issued pursuant to Chapter 17.36 of Title 17 of this Code for the purpose of moving a building over public streets.

(Ord. 26248.)

A. Except as specifically exempted by Section 20.80.450, no demolition permit or removal permit shall be issued unless and until a development permit which specifically approves such demolition or removal has been issued and has become effective pursuant to the provisions of Chapter 20.100 and the provisions of this part.

B. A special use permit or other applicable development permit shall be required for the following:

1. Demolition of a building which would not otherwise require a development permit pursuant to the requirements of Chapter 20.100; and/or

2. Removal of a building from a parcel located within the City of San José; and/or

3. Relocation of a building to a parcel located within the City of San José.

C. The approval of a development permit which allows the demolition, removal or relocation of a building shall expressly include consideration of the criteria set forth in Section 20.80.460 of this part.

D. Nothing herein shall waive any requirement for a demolition or removal permit pursuant to the provisions of Title 17 of this Code.

(Ord. 26248.)

No Development Permit shall be required for the following:

1. Demolition or removal of a single-family home, as defined by Section 20.80.420 of this Title, when:

a. A Single-Family House Permit is not required by Chapter 20.100 of this Title; and

b. Building permits have been issued for a replacement single-family house.

2. Demolition or removal of a building where such demolition or removal is pursuant to the approval of a non-residential development project funded by a public entity.

3. Demolition or removal of a building which the City Building Official has determined to be an immediate threat to public health or safety.

4. Demolition or removal of a building that has been ordered to be removed or demolished by the Appeals Hearing Board or by a court of law.

5. Demolition or removal of residential accessory structures, as defined in Section 20.80.420 of this Title and Section 20.80.430, and for commercial or industrial buildings no greater than one thousand (1,000) square feet, except for properties listed on the Historic Resources Inventory.

6. Demolition or removal of a building which is required under the provisions of Part 3 of Chapter 17.40 of Title 17 of this Code.

7. Demolition or removal of a building pursuant to the provisions of Part 9 of Chapter 20.30 of this Title.

(Ords. 26248, 31298.)

Prior to the issuance of any Development Permit which allows for the demolition, removal or relocation of a Building, the Director, or on appeal the Planning Commission or City Council, shall determine whether the benefits of permitting the demolition, removal or relocation outweigh the impacts of the demolition, removal or relocation. In making such a determination, the following shall be considered:

1. The failure to approve the permit would result in the creation or continued existence of a nuisance, blight or dangerous condition;

2. The failure to approve the permit would jeopardize public health, safety or welfare;

3. The approval of the permit should facilitate a project which is compatible with the surrounding neighborhood;

4. The approval of the permit should maintain the supply of existing housing stock in the City of San José;

5. Both inventoried and non-inventoried Buildings, Sites and districts of historical significance should be preserved to the maximum extent feasible;

6. Rehabilitation or reuse of the existing Building would not be feasible; and

7. The demolition, removal or relocation of the Building without an approved replacement Building should not have an adverse impact on the surrounding neighborhood.

8. The permit applicant has provided evidence that either the existing Building or Structure is not a Multiple Dwelling or Mobile home Park or that the permit applicant has complied with all relocation obligations under state and local law, including but not limited to the obligations in Chapters 17.20, 17.23 and 20.200 of the Municipal Code.

9. The permit applicant has provided evidence of compliance with all applicable pre-demolition permit conditions and all other requirements in City Council Policy 6-28, Management of Pollutants During the Demolition of Applicable Projects.

(Ords. 26248, 29945, 30906.)