20.80.460

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.)