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Ordinance 1755ORDINANCE 1755 Amending the alameda municipal coode by adding chapter 9 article 1 through 3 to title 10 thereof consisting of sections 10-911 through 10-951 relating to preservation of historical monuments Alameda City Oramancei New Series Article 4. (Procedure for Preserva- tion of Historical and Cultural Monuments . Sec. 10 -941. Permit Restrictions -- Notification to Board of Request. No permit for the demolition, substan- tial alteration or removal of any building, structure or site, including trees or plantings, contained in said list shall be issued, and no such site, building or structure shall be demolished, removed or substan- tialiyaltered without first referring the matter to the Historical Ad- visory Commission for a Certificate of Approval, except where the City Engineer determines that demob tion, removal or substantial altera- tion of any such building, structure or site is immediately necessary in the interest of the public health, safety or general welfare. The City Engineer shall notify the Historical Advisory Commission in writing within two days of any request he receives for any such permit. Sec. 10-942: Certificate of Approval. (a) Alterations. The Historical Advisory Commission shall issue a Certificate of Approval for repairs and alterations of Historical Monuments where plans and specifications submitted to said Commission by the owner of the Monument meet the standards es- tablished by the Design review Board therefor. (b) Demolition. The Historical Advisory Commission shall issue a Certificate of Approval for demoli- tion if it finds that the Historic Monument no longer meets the criteria therefor, or has become a detriment to the community and that the condition making it a detriment cannot readily be cured. (c) If the Commission fails to issue a Certificate of Approval the owner of the Historical Monument may ap- peal in writing, within 15 days, to the City Council. The City Council shall reverse the decision of the Commis- sion only if it finds, upon the evidence of qualified sources, that the Historical Monument is incapa- ble of earning an economic return on its value: If the Council so finds it shall refer the Certificate of Approval to the Commission for further action. Sec. 10.943. Objection to Proposed Demolition, Alteration or Removal of Structure. Where such matters are referred to said Historical Ad- visory Commission it shall have un- til its next regular meeting, If said meeting is held within five (5) days of such notification, or otherwise forty (40) days, to object to the proposed demolition, major altera- tion, or removal. If no such objec- tion is filed by thew Historical Ad- visory. Commission with the City Engineer within such period, all such objections shall be deemed to have been waived and such permit may issue. If the Historical Advisory Commission objects to the proposed demolition, major alteration or removal, It shall file its objection with the City Engineer. The filing of such objection shall suspend the is- suance of such permit, the demoli- tion or major: alteration of such building or structure or the removal of such site for o period of not less than forty (40) and not more than one hundred eighty (180) days; dur- ing which time the Historical Ad -. visory Commission shall take such steps within the scope of its powers and duties as it determines are necessary for the preservation of the site, building, horticultural develop- ment or structure to be demolished, altered or removed. No such action shall be taken by the Historical Ad- visory Commission.' however, until the some has been first submitted to and approved by the City Council..At the end of the first forty (40) days, and any subsequent period of time as the City Council may set, the His- torical Advisory Commission shall report its progress to the City Coun- cil which may, upon review of the progress report, withdraw and can- cel the objection to the proposed demolition, major alteration or removal. If the City Council deter - mines, upon the basis of said progress report, to withdraw and cancel any such objection, it shall promptly notify the City Engineer. Upon receipt of such notification, the permit may be issued and the building, structure or site may be demolished, altered or removed, as the case may be. .. Sec. 10 -944. Extension of Suspen- sion of Permits, If at the end of the first 100 days of the aforesaid 180 -day Period, it is found that the preserva- tion of the site, building or structure cannot be fully accomplished within the 180 -day period, and the His- torical Advisory Commission deter- mines that such preservation can be satisfactorily completed within an additional period not to exceed 180 days, the Historical Advisory Com- mission may recommend to the City Council that the period of suspension of issuance of the permit be extend- ed. Such recommendation shall set forth the reasons therefor and the progress to that date of the steps taken to Preserve the monument. The City Council may nrrpnt c„rh recommendation Par' good! cause shown, and if it appears that Preser- vation may be completed within the time requested, may order, after public hearing noticed by Publica- tion at least five (5) days prior thereto, the City Engineer to sus- Pend.issuance of such permit for a further period of time not to exceed 180 days for the purpose of complet- ing the same. No such request for extension shall be made after the expiration of the original 180 -day suspension period. Article 5. Restriction of Commission Authority Sec, 10 -951. Acquisition" of Property and Money Restricted. The Historical Advisory 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 it- self or on behalf of the City. Section 2. If any provision of this or- dinance or the application thereof to any person or circumstances is held invalid, the remainder of this or- dinance and the application of such provision to other persons or circums- tances shall not be affected thereby. . Section 3. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. C.J. CORICA Presiding Officer of the Council Attest: ETHELAk PITT City Clerk I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 4th day of March, 1975, by the following vote, to wit: AYES: Councilmen 13eckam, Hur- witz, McCall and Vice President Corica, (4). NOES: None. ABSENT: President Lo Croix, Jr., 0) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of March, 1975. (SEAL) ETHEL M. PITT City Clerk of the City of Alameda Legal No. 983. Publish: March 7, 1975.