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Upon the filing of an application for a Monument, the Director or the Director’s designee shall determine whether the application is complete and whether the proposed Monument warrants further investigation by the Commission. Upon the determination by the Director that the application is complete, or upon initiation by the City Council, the Commission or the Director, no permit for the demolition, substantial alteration or removal shall be issued; and the site, building or structure regardless of whether a permit exists, shall not be demolished, substantially altered or removed, pending final determination by the Commission and City Council on whether the proposed site, building, object or structure shall be designated as a Monument. The Commission shall notify the Department of Building and Safety in writing not to issue any permits for the demolition, alteration or removal of a building or structure. The owner of the site, building or structure shall notify the Commission, in writing, whenever application is made for a permit to demolish, substantially alter, or remove any site, building or structure proposed to be designated as a Monument.
If, after the expiration of the final period of time to act contained in Section 22.171.10(f) of this article, the City Council has not taken an action on the application or initiation to designate a Monument, then the demolition, alteration or removal of the site, building or structure may proceed.
EXCEPTION: If the Commission determines that the site, building or structure proposed to be designated does not meet the definition for Monument set forth in Section 22.171.7 of this article, then the temporary prohibition on the issuance of a permit to demolish, substantially alter or remove the site, building or structure, and the temporary prohibition on demolition, substantial alteration or removal of the site, building or structure shall terminate, except when the designation of a site, building or structure as a Monument was proposed by City Council-initiation.
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 notify the appropriate Department and Board, if any, and the owner of each site, building or structure in writing that the owner’s site, building or structure has been designated a Monument, and shall give the owner, as defined in Section 22.171.10(d) of this article, written notice of any further action that it takes with respect to the Monument. Notice shall be mailed to the address shown on the Assessment Roll or the City Clerk’s records, as applicable, as soon as practicable after the property is designated or the Commission takes any further action regarding the site, building or structure. The designation shall be recorded with the County Recorder.
SECTION HISTORY
Added by Ord. No. 178,402, Eff. 4-2-07.
Amended by: Ord. No. 185,472, Eff. 4-28-18.
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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