1. Demolition Permit Review Process Emergency Interim Zoning Ordinance
City Council
January 8, 2019
Demolition Permit Review Process
Emergency Interim Zoning Ordinance
Good evening Councilmembers, Roxanne Tanemori, Principal Planner. The item before you provides a recommendation to introduce and adopt an Emergency Interim Zoning Ordinance, or IZO, to establish interim regulations for the review of demolition permit applications for buildings over 40 years old.

2. Interim Zoning Ordinance – Demolition Permit Review
Staff Recommendation
Introduce & Adopt Emergency Interim Zoning Ordinance (“IZO”)
Extend Emergency Ordinance 2592 (CCS)
Interim regulations for demolition permit review process
SMMC Chapter 9.25 (Demolition & Relocation Ordinance)
Extend Current Review Process to November 13, 2019
Maintains transparent process
Utilizes Landmarks Commission’s expertise to identify, evaluate, preserve City’s historic resources
Provides time to evaluate implementation – before making permanent changes
This emergency IZO is necessary to establish new regulations that safeguard the original intention of the demolition review process -- while also balancing legal and procedural considerations. This IZO provides time to further study key issues and monitor implementation -- before making permanent changes to the Demolition and Relocation Ordinance. [CLICK]
This IZO will create a separate track for potential designation of historic resources initiated by property owners through the filing of a demolition permit application - or - by the community directly in response to an application to demolish. [CLICK]
As detailed more fully in your staff report, this IZO reflects the outcome of staff’s evaluation of several process alternatives that were ultimately rejected – and is brought forward with the input and support from the Landmarks Commission – as well as feedback from community members.

3. Interim Zoning Ordinance – Demolition Permit Review
Two Minor Procedural Clarifications
Consistent with prior process/current Landmark Ordinance:
After 75-day hold: no designation review will be initiated, unless demolition permit expires.
Temporary restriction on issuing planning entitlements or permits to alter building/structure:
If review proceeds to full evidentiary hearing
If Designation Application filed by member of the public during 75-day hold
This emergency IZO is necessary to establish new regulations that safeguard the original intention of the demolition review process -- while also balancing legal and procedural considerations. This IZO provides time to further study key issues and monitor implementation -- before making permanent changes to the Demolition and Relocation Ordinance. [CLICK]
This IZO will create a separate track for potential designation of historic resources initiated by property owners through the filing of a demolition permit application - or - by the community directly in response to an application to demolish. [CLICK]
As detailed more fully in your staff report, this IZO reflects the outcome of staff’s evaluation of several process alternatives that were ultimately rejected – and is brought forward with the input and support from the Landmarks Commission – as well as feedback from community members.

4. Demolition Permit Review Process Emergency Interim Zoning Ordinance
City Council
January 8, 2019
Demolition Permit Review Process
Emergency Interim Zoning Ordinance
Good evening Councilmembers, Roxanne Tanemori, Principal Planner. The item before you provides a recommendation to introduce and adopt an Emergency Interim Zoning Ordinance, or IZO, to establish interim regulations for the review of demolition permit applications for buildings over 40 years old.

5. Interim Zoning Ordinance – Demolition Permit Review
Background
Overview of past practice – Landmarks Commission role
75 days to discuss demolition application
Commission may request preliminary report
Commission may file Landmark or Structure of Merit designation application
Reconsideration of Demolition Review Process
June City Attorney’s Office & Planning staff
Stopgap - Landmarks Commission review suspended
The Landmarks Commission’s past practice has been to review applications for buildings over 40 years old during a 75-day holding period.
The Commission plays an important role in filtering through the many proposed demolitions -- and identifying those properties that may meet the criteria for designation as an historic resource.
In June 2018, the City Attorney’s Office and planning staff began a review of this current demolition process. This review commenced, in part, due to developments in judicial guidance. And starting with the Commission’s regular meeting of July 9th, the Landmarks Commission suspended its review of demolition permits while procedures were being evaluated.

6. Revised Process Addresses Staff Objectives
Utilizes Commission’s expertise
Maintains community input forum at Commission meetings
Maintains clear process for property owners & maintains concept of 75-day hold
Reduces overreliance on community-driven nominations
Reduces potential for over/under inclusiveness for filtering properties vs. no preliminary screening
Volume of designation applications similar to typical levels
With that focus in mind, the IZO addresses these objectives by creating a process that continues to rely on the Landmarks Commission’s expertise to screen properties; maintains the framework of the 75-day hold to promote certainty for property owners; [CLICK] … continues to provide a forum for community input at commission meetings; and reduces over-reliance on community-led nominations.

7. Revised Conceptual Demolition Permit Review Process
If a designation application is filed within 75 days
by a member of the public –
proceed to 2nd Hearing
Your staff report provides this flow chart summarizing the revised review process – [CLICK] …
I do want to note that -- in the event a member of the public files a designation application during the 75 day hold – but does so before the Commission holds its preliminary screening -- the application will automatically be scheduled for the full evidentiary hearing – without the commission’s preliminary screening.

8. Applicability & Next Steps
IZO Applicability
Buildings/structures over 40 years old
Demolition permit applications & property owner’s concurrent request for ruling on historic status of property
Any other designation application filed within 75-day period when a demolition permit is pending
Other applications processed under Landmarks Ordinance (SMMC Chapter 9.56)
Finally, a few notes about applicability… this emergency IZO is recommended to apply to any demolition permit filed for a building over 40 years old and to any designation applications filed within the 75 day waiting period by a community member.
This IZO does not change procedures and regulations in the Landmarks Ordinance for designation applications proactively initiated by property owners or the community -- filed outside and apart from a demolition permit application.