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No permit for the demolition, substantial alteration or relocation of any Monument shall be issued, and no Monument shall be demolished, substantially altered or relocated without first referring the matter to the Commission, except where the Superintendent of Building or the City Engineer determines that demolition, relocation or substantial alteration of any Monument is immediately necessary in the interest of the public health, safety or general welfare.
(a) Standards for Issuance of a Permit for Substantial Alteration. The Commission shall base a determination on the approval of a permit for the substantial alteration of a Monument on each of the following:
1. The substantial alteration, including additional buildings on a site containing multiple buildings with a unified use, complies with the Standards for Rehabilitation approved by the United States Secretary of the Interior;
2. Whether the substantial alteration protects and preserves the historic and architectural qualities and the physical characteristics that make the site, building or structure a designated Monument; and
3. Compliance with the California Environmental Quality Act, Public Resources Code Section 21000, et seq.
(b) Standards for Issuance of a Permit for the Demolition or Relocation of a Site, Building or Structure Designated a Monument. The Commission shall base its determination on the approval of a permit for the demolition or removal of any Monument on the following:
1. A report regarding the structural soundness of the building or structure and its suitability for continued use, renovation, restoration or rehabilitation from a licensed engineer or architect who meets the Secretary of the Interior’s Profession Qualification Standards as established by the Code of Federal Regulations, 36 C.F.R. Part 61. This report shall be based on the Secretary of the Interior’s Standards for Architectural and Engineering Documentation with Guidelines; and
2. Compliance with the California Environmental Quality Act, Public Resources Code Section 21000, et seq.
SECTION HISTORY
Added by Ord. No. 178,402, Eff. 4-2-07.
Amended by: Ord. No. 185,472, Eff. 4-28-18.
Where any matters subject to Section 22.171.14 of this article are referred to the Commission by its staff, the Commission shall have 30 days from the date of the referral to object to the proposed demolition, substantial alteration or relocation. If no objection is filed with the appropriate department or board within 30 days, all objections shall be deemed to have been waived. If the Commission objects to the proposed demolition, substantial alteration or relocation, it shall file its objection with the appropriate department or board.
Any objection by the Commission shall be set for a public hearing. The objection and the fact that the matter will be scheduled for a public hearing by the Commission shall be noted by Commission staff on the clearance worksheet utilized by the appropriate department or board for the issuance of the permit. The filing of an objection shall suspend the issuance of any permit for the demolition, substantial alteration or relocation of the Monument (Stay) for a period of not less than 30 days nor more than 180 days, during which time the Commission shall take all steps within the scope of its powers and duties as it determines are necessary for the preservation of the Monument to be demolished, altered or relocated.
At the end of the first 30 days of the Stay, the Department shall report any progress regarding preservation of the Monument to the Commission, which may, upon review of the progress report, withdraw and cancel its objection to the proposed demolition, substantial alteration or relocation. If the Commission determines, upon the basis of the progress report to withdraw and cancel its objection, it shall promptly notify the appropriate department or board concerned of its action. Upon receipt of notification of withdrawal of the objection, the permit may be issued and the Monument may be demolished, altered or relocated. If the Commission does not withdraw and cancel its objection, the Stay shall remain in effect.
If the Commission, or the Department acting on the Commission’s behalf, finds at the end of the first 100 days of the Stay that the preservation of the Monument cannot be fully accomplished with the 180-day Stay period, and the Commission determines that preservation can be satisfactorily completed within an additional period not to exceed an additional 180-day Stay, the Commission may recommend to the City Council that the Stay be extended to accomplish the preservation. No request for an extension shall be made after the expiration of the original 180-day Stay.
The Commission’s recommendation for an extension of the Stay shall set forth the reasons for the extension and the progress to date of the steps taken to preserve the Monument. If it appears that preservation may be completed within the time extension requested, the City Council may approve the request for extension of the Stay not to exceed an additional 180 days for the purpose of completing preservation of the Monument.
No request for an extension of the Stay shall be granted where the City Council determines, after consulting with the appropriate department or board that granting an extension is not in the best interest of the public health, safety or general welfare.
SECTION HISTORY
Added by Ord. No. 178,402, Eff. 4-2-07.
Amended by: Ord. No. 185,472, Eff. 4-28-18.
The Commission shall have no power or right to acquire any property for or on behalf of itself or the City, nor shall it acquire or hold any money for itself or on behalf of the City.
SECTION HISTORY
Added by Ord. No. 178,402, Eff. 4-2-07.
Amended by: Ord. No. 185,472, Eff. 4-28-18.
All boards, commissions, departments and officers of the City shall cooperate with the Commission in carrying out the spirit and intent of this article.
SECTION HISTORY
Added by Ord. No. 178,402, Eff. 4-2-07.
Amended by: Ord. No. 185,472, Eff. 4-28-18.
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