3.24.240 Permit application--Decision--Procedure and time limitations--Notification required.

A.    The commission shall consider the conformance of the proposed work with the purposes and standards in this chapter and with the provisions of the designation. The commission shall approve, suspend or disapprove the application as specified below in this section, or, with the applicant’s consent, shall modify and approve the application, within thirty days after the conclusion of the public hearing. Failure to act within said time shall constitute approval. The commission shall promptly notify in writing the owners or, where appropriate, authorized agents and residents of the property of its decision. The commission shall also mail notice of the decision to organizations and individuals who request such notification. A copy of the notice of decision shall be filed with the City Clerk, and the City Clerk shall present said copy to the City Council at its next regular meeting.

B.    For such permit applications reviewed by the commission:

1.    If the application is for a permit to make exterior alterations or to carry out new construction, the commission shall approve, modify or disapprove the application in whole or in part, or suspend action on it for a period not to exceed one hundred eighty days for a landmark or in an historic district, and for a period not to exceed ninety days for a structure of merit.

2.    If the application is for a permit to demolish, the commission shall approve or modify the application in whole or in part, or suspend action on it for a period not to exceed one year for a landmark or a designated structure in an historic district, and for a period not to exceed one hundred eighty days for a structure of merit; however, no demolition permit approved for a City of Berkeley Landmark, designated structure in an historic district, or structure of merit shall be activated following the appropriate period of suspension stated above until the building permit for the replacement structure is presented to the Codes and Inspections Division of the Department of Planning and Community Development.(Ord. 6403-NS § 4, 1998: Ord. 5686-NS § 1 (part), 1985: Ord. 4694-NS § 6.1(c), 1974) (Ord. 6403-NS repealed pursuant to modifications made by the California Court of Appeal on 1/7/98)