This chapter shall be known as the historic preservation ordinance of Alameda County.

(Ord. No. 2012-5, § 6, 1-10-12)

The purpose of this chapter shall be to:

A.

Identify, protect, and encourage the preservation of significant architectural, historic, prehistoric and cultural structures, sites, resources and properties in the county;

B.

Ensure the preservation, protection, enhancement and perpetuation of historic structures, sites and other resources to the fullest extent feasible;

C.

Encourage, through public or private action, the maintenance or rehabilitation of historic structures, sites and other resources;

D.

Safeguard the county's historic resources, both public and private projects;

E.

Encourage development that sensitively incorporates the retention, preservation and re-use of historic structures, sites and other resources;

F.

Foster civic pride in the character and quality of the county's historic resources and in the accomplishments of its people through history;

G.

Provide a mechanism, through surveys, nominations and other available means, to compile, update and maintain a register of historic resources within the county;

H.

Protect and enhance the county's attraction to tourists and visitors;

I.

Provide for consistency with state and federal preservation standards, criteria and practices;

J.

Encourage new development that will be aesthetically compatible with historic resources;

K.

Make available incentive opportunities to preserve Alameda County's historic resources.

(Ord. No. 2012-5, § 6, 1-10-12)

For the purposes of this chapter, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended.

"Alameda County Register" or "register" means the list of properties officially recognized as historically significant by Section 17.62.050 of this chapter.

"Board of Supervisors" or "board" means the Board of Supervisors of the County of Alameda. "Building official" means the building official designated in Chapter 15.08 of Title 15 of this code, and his or her designee(s).

"California Environmental Quality Act" means the California Public Resources Code Section 21000 et seq. as it may be amended. The California Environmental Quality Act may also be referred to in this chapter as "CEQA."

"California Register" means the California Register of Historical Resources as defined in California Public Resources Code Section 5020.1 as it may be amended from time to time.

"California Register resource" means any resource designated on the California Register as it may be amended from time to time.

"Certificate of appropriateness" means a permit approving an alteration to or demolition of a historic resource listed on the Alameda County Register or the demolition of a property otherwise eligible to be listed on the Alameda County Register pursuant to the provisions of this chapter.

"Commission" means the parks, recreation and historical commission.

"Comprehensive survey of historic sites" means the survey of historic resources throughout unincorporated Alameda County that was conducted in conjunction with the creation of this chapter.

"Contributing resource" means a resource designated as a contributing resource by the Board of Supervisors in accordance with this chapter.

"County" means the unincorporated areas of the County of Alameda.

"Cultural resources surveys" means the cultural resources surveys done for the county, including the preliminary cultural resources surveys for the Ashland and Cherryland Districts, the San Lorenzo Area, and the East Valley Area; the comprehensive survey of historic sites; and any other surveys as they may be completed.

"Dangerous building" means an immediately dangerous building or structure as defined in Section 15.08.170 of the Alameda County Building Code.

"Department" means the Alameda County planning department.

"Development project" for the purposes of this chapter means and includes the following:

1.

The alteration, modification or rehabilitation of the exteriors of landmarks, contributing resources and non-contributing resources;

2.

The alteration, modification or rehabilitation of interiors of landmarks and contributory resources where the interiors constitute "features or characteristics" as defined herein; or

3.

New construction within a historic preservation district.

"Director" means the director of the planning department of Alameda County.

"Feature or characteristic" means fixtures, components or appurtenances attached to, contiguous with or otherwise related to a structure or property including landscaping, setbacks, distinguishing aspects, roof attributes, overlays, moldings, sculptures, fountains, light fixtures, windows and monuments. "Feature or characteristic" may include historically and/or architecturally significant interior areas that are accessible to or made available to the public, including, without limitation, areas commonly used as public spaces such as lobbies, meeting rooms, gathering rooms, public hallways, great halls, bank lobbies or other similar spaces. Interior areas that generally are not accessible to or made available to the public, but which occasionally may be visited by business invitees or members of the public, including those on a tour of a facility, do not constitute a "feature or characteristic" for purposes of this chapter.

"Historic resource" or "cultural resource" means, but is not limited to, any object, building, structure, site, area, place, or record which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of Alameda County.

"Initiation of designation" means the action taken, or the date on which such action is taken, to place a historic resource on the Alameda County Register, including the completion of an application by a property owner, a nomination by the Board of Supervisors, or an adoption of a resolution of intent to nominate by the commission.

"Inventory of potential historic resources" means the repository of information retained by the planning department regarding buildings that have been evaluated for historic significance through an official study. The inventory includes the resources specified in the Alameda County Register, but also includes surveyed structures not yet found to be historic resources.

"Landmark" means a property in unincorporated Alameda County, or a county-owned building or property in an incorporated area of Alameda County, of exceptional historical or architectural value that is an example of an important style, type, or convention, or which are intimately associated with a person, organization, event, or historical pattern of major importance at the local level designated as a landmark by the Board of Supervisors in accordance with this chapter.

"Listed historic resource" means any historic resource listed in the Alameda County Register in accordance with this chapter. "Listed historic resource" includes any resource designated by the Board of Supervisors as a landmark, contributing resource to a historic preservation district, or a structure of merit. "Listed historic resource" does not include a non-contributing resource in a historic preservation district.

"Mills Act" means California Government Sections 50280 et seq., as it may be amended from time to time.

"National Environmental Protection Act" means 42 U.S.C. Section 4321 et seq., as it may be amended from time to time. The National Environmental Protection Act may be referred to in this chapter as NEPA.

"National Historic Preservation Act" means 16 U.S.C. Sec. 470 et seq., as it may be amended from time to time.

"National Register of Historic Places" means the official inventory of districts, sites, buildings, structures and objects significant in American history, architecture, archeology and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq., 36 C.F.R. Sections 60, 63).

"National Register resource" means any resource listed in the National Register of Historic Places.

"Nominated resource" means a resource nominated for placement on the Alameda County Register as provided for in Section 17.62.080 of this chapter.

"Nomination" means a nomination for placement of a resource on the Alameda County Register pursuant to Section 17.62.080 of this chapter.

"Non-contributing resources" means all resources within a historic preservation district that are not identified as contributing resources. "Planning commission" means the planning commission of Alameda County. The planning commission is always referred to in this ordinance as "the planning commission," never as "the commission," which is reserved for the parks, recreation and historical commission.

"Preventative maintenance" means any work the sole purpose and effect of which is to correct deterioration, decay or damage and which comply with the Secretary of the Interior's Standards and Guidelines.

"Resource" means any building, structure, site, area, place, feature, characteristic, appurtenance, landscape, landscape plan or improvement.

"Secretary of the Interior Standards" means the Secretary of the Interior Standards for Treatment of Historic Properties found at 36 C.F.R. 68.3, as it may be amended from time to time.

"Significant feature or characteristic" means a feature or characteristic identified by the Board of Supervisors as significant from a historical standpoint pursuant to Section 17.62.080 of this chapter.

"State Historical Building Code" means the State Historical Building Code as contained in Part 8 of Title 24 (California Building Standards Code) of the California Code of Regulations, as it may be amended from time to time.

"Structure of merit" means a resource designated by the Board of Supervisors in accordance with Section 17.62.080C of this chapter.

"Survey" means a process by which resources are documented for landmark, structure of merit, or historic preservation district consideration.

"Zoning code" shall mean Title 17 of the county code, as it may be amended from time to time.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

The county will maintain a list of all surveys and will use the survey information to identify and protect potentially historic resources as outlined in this chapter. All surveys shall be prepared by or under supervision of an architectural historian satisfying the professional qualification standards for architectural historians specified in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation.

B.

Three cultural resource surveys of portions of Alameda County were conducted prior to creation of this chapter:

1.

Preliminary Cultural Resources Survey, Ashland and Cherryland Districts, San Lorenzo, Alameda County (April 1998);

2.

Unincorporated San Lorenzo Historic Building Survey, Alameda County (November 2000); and

3.

Historical and Cultural Resource Survey, East Alameda County (June 2005).

C.

All properties evaluated in the above surveys, regardless of the conclusions as to their historic significance, will go into an inventory of potential historic resources. This inventory shall also include the results of any future historic resource surveys, including historic resource evaluations done in conjunction with the completion of any Environmental Impact Reports (EIRs) or negative declarations prepared pursuant to CEQA in the county. The planning department shall take appropriate steps to ensure that the inventory is properly maintained and regularly updated. The planning department shall also take appropriate steps to maintain and regularly update a list or compilation of resources within the county that are on the California Register of Historical Resources or the National Register of Historic Places, and to make the list or compilation available for public review and use.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

The list of landmarks, historic preservation districts, contributing resources and structures of merit shall be known, collectively, as the Alameda County Register.

B.

Within one hundred eighty (180) days of the effective date of the ordinance codified in this chapter, the following properties are considered eligible for inclusion on the Alameda County Register:

1.

Properties deemed likely significant in previous surveys (properties rated "Y" in the Ashland and Cherryland survey, "1" in the San Lorenzo survey and "K" in the East Alameda survey) that, as part of the Comprehensive Survey of Historic Sites in unincorporated Alameda County, were verified to merit continued listing;

2.

All landmarks, contributing buildings and historic preservation districts identified in the comprehensive survey that were not identified in any of the three previous surveys;

3.

Properties identified by the commission that meet the structure of merit criteria set forth below in Section 17.62080C that were identified prior to the adoption of the ordinance codified in this chapter.

C.

Owners of properties specified in subsection B shall be notified in writing that the Board of Supervisors has adopted historic preservation ordinance and as a result their property could be included on the Alameda County Register if they so desire. The property owners shall be notified in the manner specified in Section 17.62.120. Owners of these properties that wish to add their property to the Alameda County Register must submit their written consent to be added to the register to the planning department within one hundred eighty (180) days of the adoption of the ordinance codified in this chapter. Upon receipt of the written consent, the property shall be verified by the director as acceptable by conducting a review of county records and conducting a site visit to confirm that no alterations have been performed that would render the property ineligible for listing. If no written consent to be added to the register is submitted by the owners of properties specified in subsection B to the planning department within one hundred eighty (180) days of the adoption of the ordinance codified in this chapter, such properties will not be added to the register unless they are subsequently nominated pursuant to Section 17.62.080. Lack of receipt of consent by the director pursuant to this subsection shall not constitute a denial of a nomination.

(Ord. No. 2012-5, § 6, 1-10-12)

The criteria and requirements for placement on, or deletion from, the Alameda County Register as landmarks, historic preservation districts, contributing resources or structures of merit are as follows:

A.

A nominated resource shall be added to the Alameda County Register as a landmark if the Board of Supervisors finds, after holding the hearings required by this chapter, that all of the requirements set forth below are satisfied:

1.

The nominated resource meets one or more of the following criteria:

a.

It is associated with events that have made a significant contribution to the broad patterns of the history of the county, the region, the state or the nation;

b.

It is associated with the lives of persons significant in the county's past;

c.

It embodies the distinctive characteristics of a type, period or method of construction;

d.

It represents the work of an important creative individual or master;

e.

It possesses high artistic values; or

f.

It has yielded, or may be likely to yield, information important in the prehistory or history of the county, the region, the state or the nation.

2.

The nominated resource has integrity of location, design, setting, materials, workmanship, feeling and association. Integrity shall be judged with reference to the particular criterion or criteria specified in subparagraph (A)(1);

3.

The nominated resource has significance historically or architecturally, and its designation as a landmark is reasonable, appropriate and necessary to promote, protect and further the goals and purposes of this chapter.

4.

The nominated resource has been evaluated by a qualified historical resources consultant who meets one or more of the Secretary of the Interior's professional qualifications standards or who are certified by the register of professional archaeologists, and the evaluator has submitted documents that provide evidence of the resources historical or architectural significance.

B.

A geographic area nominated as a historic preservation district shall be added to the Alameda County Register as a historic preservation district if the Board of Supervisors finds, after holding the hearings required by this chapter, that all of the requirements set forth below are satisfied:

1.

The area is a geographically definable area;

2.

The area possesses either:

a.

A significant concentration or continuity of buildings unified by: a) past events; or b) aesthetically by plan or physical development; or

b.

The area is associated with an event, person, or period significant or important to county history.

3.

The designation of the geographic area as a historic preservation district is reasonable, appropriate and necessary to protect, promote and further the goals and purposes of this chapter and is not inconsistent with other goals and policies of the county.

4.

A historic preservation district shall have integrity of location, design, setting, materials, workmanship, feeling and association.

5.

The collective historic value of the buildings and structures in a historic preservation district taken together is greater than the historic value of each individual building or structure.

6.

The application is accompanied by a form bearing the signatures of at least fifty-one (51) percent of all property owners within the area of the proposed district.

7.

The board finds that the addition of the district to the register does not in any manner interfere, eliminate or otherwise obviate the identification, qualification, designation and preservation requirements of the creation of historic preservation districts pursuant to Chapter 17.20 of this title.

C.

A nominated resource shall be added to the Alameda County Register as a structure of merit if the Board of Supervisors finds, after holding the hearing(s) required by this chapter, that it satisfies one or more of the following criteria:

1.

It represents in its location an established and familiar visual feature of the neighborhood, community or county; or

2.

It materially benefits the historic, architectural or aesthetic character of the neighborhood or area; or

3.

It is an example of a type of building that once was common but is now rare in its neighborhood, community or area; or

4.

It is connected with a business or use which was once common but is now rare; or

5.

It contributes to an understanding of the contextual significance of a neighborhood, community or area.

D.

A nominated resource shall be added to the Alameda County Register as a contributing resource if the Board of Supervisors finds, after holding the hearing(s) required by this chapter, that it satisfies one or more of the following criteria:

1.

The nominated resource is within a historic district;

2.

The nominated resource either embodies the significant features and characteristics of the historic district or adds to the historical associations, historical architectural qualities or archaeological values identified for the historic district;

3.

The nominated resource was present during the period of historical significance of the historic district and relates to the documented historical significance of the historic district;

4.

The nominated resource either possesses historic integrity or is capable of yielding important information about the period of historical significance of the historic district; and

5.

The nominated resource has important historic or architectural worth, and its designation as a contributing resource is reasonable, appropriate and necessary to protect, promote and further the goals and purposes of this chapter.

(Ord. No. 2012-5, § 6, 1-10-12)

An application to delete a listed historic resource from the Alameda County Register may be approved if the Board of Supervisors finds, after holding the hearings required by this chapter, that the listed historic resource no longer meets the requirements set forth above; provided that where a landmark, historic preservation district or structure of merit is proposed for deletion due to a loss of integrity, the loss of integrity was not the result of any illegal act or willful neglect by the owner or agent of the owner.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

The following parties shall have the authority to nominate a resource for placement on or deletion from the Alameda County Register as landmarks, historic preservation districts, contributing resources or structures of merit:

1.

The owner of the historic resource proposed for designation, an authorized agent or, in the case of a historic preservation district, no less than fifty-one (51) percent of property owners within the area of the proposed district;

2.

The parks, recreation and historical commission; and

3.

The Board of Supervisors.

However, no nomination for placement on the Alameda County Register as a landmark, or structure of merit shall proceed without the written consent of the property owner on a form supplied by the county.

B.

If designation is initiated by the owner, an application for designation shall be made to the planning department through submittal of the prescribed application form accompanied by a non-refundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors and supporting documentation including, but not limited to, state of California Department of Parks Recreation 523 series forms or other historic resource inventory forms as may be approved by the state. Such documentation must be prepared by an individual who meets the professional qualification standards published by the National Park Service in the Federal Register (Code of Federal Regulation, 36 CFR Part 61), as determined by the State Office of Historic Preservation. Submission of an application for designation shall be deemed written consent by the owner to the designation by the county. If an application is determined to be incomplete, it shall be returned to the applicant and the applicant may re-submit the application with the documentation necessary to complete it without an additional filing fee.

C.

The parks, recreation and historical commission may initiate the designation of landmarks, historic preservation districts, contributing resources or structures of merit by adopting a resolution of intent to nominate. The commission may adopt a resolution of intent to nominate on its own motion, at the request of the planning department, or at the request of members of the public. Any resolution of intent to nominate initiated by the commission must be based upon the same documentation that would be required of an owner's application for designation and preliminary findings that the resource potentially meets the criteria for either a landmark, structure of merit, historic preservation district or contributing resource provided in Section 17.62.060. The planning department shall notify the owner and the occupants of the property by certified mail thirty (30) days prior to the commission meeting when the subject property of the resolution of intent to nominate shall be considered for nomination and shall request written consent for designation from the owner on a form supplied by the county. The request for written consent for designation shall inform the property owner of the process to be pursued pursuant to Section 17.62.100 and the right of the property owner to grant or withhold consent regarding nominations by the commission. Notice of public meetings shall follow the guidelines established in Section 17.62.120 of this chapter.

D.

The Board of Supervisors may initiate designation of landmarks, historic preservation districts, contributing resources or structures of merit by adopting a resolution identifying the resource to be nominated and transmitting its resolution to the commission. The commission shall consider recommendations to the board regarding a proposed nomination pursuant to Section 17.62.100. If designation is initiated by the Board of Supervisors, such action must be based upon the same documentation that would be required of an owner's application for designation and findings that the resource potentially meets the criteria for either a landmark, structure of merit, historic preservation district or contributing resource provided in Section 17.62.060. The clerk of the Board of Supervisors shall notify the owner and the occupants of the property by certified mail thirty (30) days prior to the Board of Supervisors meeting regarding the initiation of the designation and shall request written consent for designation from the owner on a form supplied by the county. The request for written consent for designation shall inform the property owner of the process to be pursued pursuant to Section 17.62.100 and that the property owner may advise the board of their granting or withholding of consent. Notice of public meetings shall follow the guidelines established in Section 17.62.120 of this chapter.

E.

The application, resolution of intent to nominate, or nomination shall indicate the parameters of the historic resource that is being nominated with specificity, including any related structures or landscape that is to be considered.

F.

The owner of a historic resource proposed for designation may notify the planning director in writing of their consent, or withholding consent, to the proposed designation at any time after initiation and prior to a final designation by the board.

G.

A request to delete a listed resource from the register will be initiated in the same manner and using the same procedure as was followed to nominate a potentially historic resource. The action shall result from new information, the discovery of earlier misinformation or change of original circumstances, conditions or factors that justified the designation. Notice of removal of a listed resource shall be sent to the same persons or other parties as set forth in Section 17.62.120.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

Subject to the time limits set forth in subsection B, any nominated resource proposed for consideration as a landmark or contributing resource shall be considered to be a landmark or contributing resource for purposes of Section 17.62.160 herein, and it shall be subject to the restrictions and protections of Section 17.62.160 as if it were a landmark or contributing resource. Any geographic area proposed for consideration as a historic preservation district shall be considered to be a historic preservation district for purposes of Section 17.62.160 herein, and the resources located within the proposed historic preservation district shall be subject to the restrictions and protections of Section 17.62.160 as if they were located within a historic preservation district.

B.

The restrictions of subsection A shall apply for a period of one hundred eighty (180) days from the date of a nomination by the Board of Supervisors or adoption by the commission of a resolution of intent to nominate a property as a landmark, a contributing resource or a property within a historic preservation district. After one hundred eighty (180) days have elapsed from the date of the initiation of designation, if the Board of Supervisors has not adopted an ordinance designating the nominated resource as a landmark, contributing resource or historic preservation district, the restrictions and protections established by subsection A shall no longer apply unless the Board of Supervisors has adopted an ordinance to extend the one hundred eighty (180) day limit to consider the nomination.

C.

Listed historic resources proposed for deletion from the Alameda County Register shall be subject to the restrictions and protections of Section 17.62.160 unless and until a final decision is made by the Board of Supervisors to delete the listed historic resources from the Alameda County Register.

(Ord. No. 2012-5, § 6, 1-10-12)

The commission shall conduct public hearings on nominations for designation on, or proposals for deletion from, the Alameda County Register. At the conclusion of hearings, the commission shall make a recommendation to the Board of Supervisors on the nomination or proposal.

A.

Notice of the hearing shall be provided pursuant to Section 17.62.120.

B.

A hearing on an application shall be scheduled and a recommendation made by the commission within sixty (60) days of the date that the application is determined to be complete. If the commission does not act within the timeframe, the owner may request that the proposal be transmitted directly to the Board of Supervisors for its determination.

C.

A hearing on a property subject to a commission resolution of intent to nominate shall be scheduled and a recommendation made by the commission within sixty (60) days of the date that the commission initiated a proposed designation or proposal for deletion. If the commission does not act within the timeframe, the owner may request that the proposed designation be transmitted directly to the Board of Supervisors for its determination, otherwise the nomination for placement shall be considered denied pursuant to Section 17.62.140.

D.

A hearing on a nomination proposed by the board shall be scheduled and a recommendation made by the commission within sixty (60) days of the date that the board initiated a proposed designation or proposal for deletion. If the Commission does not act within the timeframe, either the owner or the board may request that the proposed designation be transmitted directly to the Board of Supervisors for its determination, otherwise the nomination for placement shall be considered denied pursuant to Section 17.62.140.

E.

A staff report concerning the historic resource under consideration for placement or deletion from the register shall be provided to the commission. The report shall address the significance and integrity of the historic resource as it relates to the designation criteria, provide other relevant information, and include a recommendation concerning the application and the basis therefore. The staff report shall also state whether the owners of the property have consented or withheld consent to the proposed action.

F.

In the event of a nomination or proposed deletion of a historic preservation district, the director shall also notify the planning commission. The planning commission shall have at least thirty (30) days to review the proposed designations and boundaries of the historic preservation district, or the proposed deletion. The planning commission may provide comments, however lack of comments by the planning commission shall neither prevent the commission from acting on the nomination or proposed deletion nor preclude any actions by the planning commission authorized under Chapter 17.20.

G.

Any recommendation for placement or deletion form the register initiated by the parks, recreation and historical commission shall be supported by a preponderance of the evidence that the historic resource meets or no longer meets the designation criteria for one of the registration categories set forth in Section 17.62.060. The commission shall also include in their analysis whether or not the owner has granted or withheld written consent to the designation. If the owner has not granted written consent to the placement of the property on the register, the commission shall not adopt a resolution of intent to nominate.

H.

The commission secretary shall transmit to the Board of Supervisors the commission's recommendations on inclusion on or deletion from the Alameda County Register.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

Within sixty (60) days of the receipt of the transmittal by the Clerk of the Board of Supervisors of an action by the commission pursuant to Section 17.62.100, the board shall hold a public hearing thereon. The board may adopt, modify or reject the actions recommended by the commission. In the alternative, the Board of Supervisors may refer the proposed actions to the commission for further hearings, consideration or study. Adoption of any inclusion on or deletion from the Alameda County Register shall be made by uncodified ordinance which shall contain findings of fact in support of each designation. The uncodified ordinance shall identify significant features or characteristics of resources added to the Alameda County Register, and shall identify contributing resources and non-contributing resources in a historic preservation district.

B.

Notice of public hearing shall be provided in accordance with Section 17.62.120. In addition, notice shall be published once not less than ten days before the hearing in a newspaper of general circulation.

C.

A historic resource placed on the register shall be subject to the provisions set forth in this chapter.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

Notice of public hearings shall be provided as manner described below:

1.

Written notice shall be given not less than ten days prior to the hearing to the following individuals:

a.

The owners of the nominated resources or the owners of the listed resource proposed for deletion, as shown on the latest tax roll. In the case of a nomination or proposal for deletion regarding a historic preservation district, the notice shall be provided to all property owners within the proposed district or the district proposed for deletion, as shown on the latest tax roll.

b.

Where the resource is proposed for inclusion on, or deletion from the register as a landmark, all property owners within five hundred (500) feet of the resource, as shown on the latest tax roll. In the case of a nomination regarding a historic preservation district, the nomination notice shall be provided to all property owners within the proposed district and to all property owners whose property abuts property proposed for inclusion in the historic preservation district.

c.

Anyone who has in writing to the commission secretary requested notice of the nomination.

2.

If designation is initiated by the commission or Board of Supervisors, notice shall be sent by certified mail to all owners and occupants of the subject properties at the address shown on the most current property tax roll of Alameda County. Such notice shall be in addition to the requirements outlined in subsections (A)(1)(a), (A)(1)(b) and (A)(1)(c) of this subparagraph.

3.

The county may in its discretion provide additional notice beyond that specified in this section.

B.

The form and contents of the public hearing notice must conform to the standards described below:

1.

Common address and assessor's parcel number, if any, of the nominated resource or the resource proposed for deletion;

2.

A general explanation of the proposed designation or proposed deletion.

3.

The date and place of the public hearing or hearings before the Commission.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

following adoption by the Board of Supervisors of the resolution placing or removing the resource on the Alameda County Register, a copy of the findings shall be sent by first class mail to the owners and occupants of the designated resource. Staff shall also notify the parks, recreation and historical commission and any agency or department of the county requesting such notice.

B.

A certified copy of the resolution, a complete legal description of the resource, and the effective date of the designation or removal of the resource shall be recorded in the records of the county recorder. Failure to record with the county recorder does not invalidate the requirements of this chapter.

C.

A disclosure statement, in a form prescribed by the planning director, shall be recorded for all historic resources included on the register. This statement shall be included in any future transfer or sale documents.

(Ord. No. 2012-5, § 6, 1-10-12)

When a nomination for placement of a resource on the register has been denied, no new nomination for placement of the same or substantially the same resource may be filed or submitted for a period of three years from the effective date of the final denial of the nomination, except that an owner of a resource may file a new nomination following the passage of one year from the date of final denial. Where a nomination for deletion of a listed historic resource from the register has been denied, no new application to delete the same listed historic resource may be filed or submitted for a period of one year from the effective date of the final denial.

(Ord. No. 2012-5, § 6, 1-10-12)

A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. The fact that a resource is not listed in the national, state or Alameda County Register does not preclude a lead agency from determining whether the resource may be eligible for listing in an historical resource for purposes of this section. The screening of demolition permits shall be conducted as prescribed by this chapter.

A.

If a permit is sought to demolish or relocate a building or structure that was constructed at least fifty (50) years prior to the date of application for demolition or relocation, and that building or structure is not currently on the register, and is not the subject of a pending nomination to the register, the permit application shall be referred to the planning director to allow the director to make a preliminary determination of whether the structure meets the criteria of a landmark. For purposes of this section, a building or structure for which a building permit was issued and construction commenced not less than fifty (50) years prior to the date of application for a demolition or relocation permit shall be subject to this section, regardless of when the construction was completed, and regardless of whether the building or structure was thereafter expanded, modified or otherwise altered. Absent sufficient evidence to the contrary, the date of issuance of the building permit shall be considered to be the date on which construction commenced.

B.

A request to demolish a structure over fifty (50) years in age shall be made to the planning department through submittal of the prescribed application form accompanied by a non-refundable fee as set forth in the schedule of fees established by resolution of the Board of Supervisors and supporting documentation as determined by the planning department.

1.

Within forty-five (45) days of receipt of a complete application to demolish or relocate a building or structure as specified under subsection A of this section, the planning director shall make a preliminary determination of whether the building or structure is eligible for listing on the register. In making this preliminary determination, the planning director shall apply the eligibility criteria and factors specified in Section 17.62.080.

2.

The planning director shall notify the property owner of the preliminary determination by first-class, prepaid mail. Failure of the planning director to act within the forty-five (45) day period shall be considered to be a determination that the structure is not eligible for listing on the register. For purposes of this section, the decision shall be considered to have been made on or before the date of mailing of the notice.

3.

The effects of the preliminary determination are provided below:

a.

If the planning director determines that the building or structure is eligible for consideration for listing on the register, the applicant shall be informed that a certificate of appropriateness is required for such demolition. Review of the proposed demolition shall then proceed according to the certificate of appropriateness review procedures outlined in Section 17.62.160.

b.

If the planning director determines that the building or structure is not eligible for listing on the Alameda County Register, the permit to demolish or relocate the building or structure shall be issued without further restrictions under this chapter.

(Ord. No. 2012-5, § 6, 1-10-12)

A certificate of appropriateness is required for any alteration, relocation or demolition of a landmark, structure of merit or contributing resource within a historic preservation district. A certificate of appropriateness is also required for new construction on a site occupied by a landmark, structure of merit, contributing resource, or within a historic preservation district. Approval of such work shall be required even if no other permits or entitlements are required by the county. The issuance of a certificate of appropriateness is not required for preventative maintenance or interior work that does not affect the appearance of the exterior.

(Ord. No. 2012-5, § 6, 1-10-12)

The owner or authorized representative shall file an application for a certificate of appropriateness with the planning department on forms provided by the department for such purpose. The application shall be accompanied by material required in application forms and a non-refundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors. As soon thereafter as practicable after the application is deemed complete, the application shall be forwarded to the parks, recreation and historical commission for its review at a public hearing.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

The commission may review and make recommendations to the planning director regarding a filed certificate of appropriateness, except for those projects classified as "small projects" under Section 17.62.200. The required public notice of the commission hearing on the review and recommendation of a certificate of appropriateness shall be provided according to the provisions outlined in Section 17.62.120. At such hearing, the applicant and other interested parties shall have the right to present evidence regarding the application for the certificate of appropriateness. The commission may continue the public hearing until its next regular meeting or may defer action after closing the public hearing until its next regular meeting. Final action by the commission shall not be deferred longer than ninety (90) days after the date on which the certificate of appropriateness was initially filed.

B.

The commission may recommend approval of the certificate of appropriateness, recommend approval with changes, or it may recommend denial of the application. Any recommendation of the commission shall be in writing and shall state the findings of fact and reasons relied upon to reach the recommendation, and such recommendation shall be forwarded to the planning director.

C.

The director shall act on the certificate of appropriateness application within one hundred five (105) days after the date the certificate of appropriateness was filed. The decision of the planning director shall be final unless appealed as provided for in Section 17.62.250.

(Ord. No. 2012-5, § 6, 1-10-12)

The historical resources included in the register, and resources deemed eligible for inclusion pursuant to criteria set forth in this chapter, are presumed to be historically or culturally significant, unless the preponderance of the evidence demonstrates that the resource is not historically or culturally significant. One or more of the following findings are required for the approval of a certificate of appropriateness:

A.

The certificate of appropriateness has been conditioned upon all alterations complying with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings, and with the California Historical Building Code and the California Health and Safety Code Section 18950 et seq., as amended, and applied to the project by the building official;

B.

The proposed alteration, relocation or demolition would not destroy or have a significant adverse affect on the integrity of the designated resource, and the resource will retain the essential elements that make it significant;

C.

In the case of any proposed alteration that includes detached new construction on the parcel occupied by the designated landmark, contributing resource or within the historic preservation district, the exterior features of such new construction would not have a significant adverse affect or be incompatible with the exterior features of the designated resource(s).

D.

There is no feasible alternative that would avoid the significant adverse affect on the integrity of the designated resource. The owner shall provide facts and substantial evidence demonstrating that there is no feasible alternative to the proposed alteration or demolition that would preserve the integrity of the designated resource. In the case of demolition, up to a six-month waiting period may be imposed by the Board of Supervisors from the date of the commission hearing at which the commission recommendation was made.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

Applicants may obtain a certificate of appropriateness by going through small project review if the proposed alteration or demolition is determined eligible for such review. After the application for small project review is deemed complete by the planning department, the department director or designee shall evaluate the application within ten working days to determine its eligibility for small project review which includes the following:

1.

Demolition or removal of non-contributing features, including, but not limited to, non-contributing additions, garages, accessory structures or incompatible, previously replaced windows, doors or siding material;

2.

Any undertaking that does not change exterior features, including but not limited to, re-roofing if the roofing material is compatible in appearance, color and profile to the existing or original roofing material;

3.

Replacement of windows and doors if the proposed replacements match the existing or original windows and doors;

4.

Addition less than two hundred (200) square feet proposed for side or rear elevations; and

5.

Any other undertaking determined by the department director or designee to not materially alter the features or have an adverse effect on the integrity of a landmark.

B.

If the proposed alteration or demolition meets the small project review eligibility criteria and is deemed to be consistent with the Secretary of the Interior's Standards, the department director or designee may approve the certificate of appropriateness and notify the commission of such action. If a certificate of appropriateness is granted under small project review, no public hearing shall be required.

C.

If the proposed alteration or demolition does not meet the small project review eligibility criteria and/or is not consistent with the Secretary of the Interior's Standards, the department director or designee shall forward the application to the commission for its review and recommendation according to the standard certificate of appropriateness process. No hearing shall be required on the decision by the planning director to elevate the review of a certificate of compliance to the commission, and this decision of the planning director shall be final and shall not be subject to appeal.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

Unless extended pursuant to subsection C of this section, a certificate of appropriateness for the demolition of a building or structure shall expire at the end of one hundred eighty (180) days from the date of issuance of the certificate of appropriateness unless a demolition permit or a building permit for the demolition work has been obtained and exercised. For purposes of this section, the term exercised means substantial expenditures in good faith reliance upon the permit. The burden of proof in showing substantial expenditures in good faith reliance upon the permit shall be placed upon the permit holder.

B.

Unless extended pursuant to subsection C of this section, a certificate of appropriateness for other than a demolition shall expire at the end of three years from the date of issuance unless a building permit has been obtained and exercised for the project or, if no building permit is required for the work, the work has physically commenced. For purposes of this section, the term "exercised" means substantial expenditures in good faith reliance upon the building permit. The burden of proof in showing substantial expenditures in good faith reliance upon the building permit shall be placed upon the permit holder.

C.

Applications for extensions shall be handled in the manner described below:

1.

Except as provided in subsection (C)(2) of this section, one or more extensions of a certificate of appropriateness may be granted for a cumulative total extension period of five years upon application to the planning director filed no later than thirty (30) days prior to expiration. The application for extension of a certificate of appropriateness shall be subject to staff review under the general direction of the planning director.

2.

A certificate of appropriateness for the demolition of a building or structure may be extended for a period of up to an additional forty-five (45) days upon application to the planning director filed no later than thirty (30) days prior to expiration. The application for extension of a certificate of appropriateness shall be subject to staff review under the general direction of the planning director or his or her designee.

D.

An application for a modification to a final approval of a certificate of appropriateness application or a condition of approval of a certificate of appropriateness application shall be heard and/or considered in the same manner and by the same body as the original certificate of appropriateness application.

(Ord. No. 2012-5, § 6, 1-10-12)

The planning director or designee may, in writing, revoke a certificate of appropriateness for reasons of 1) non-compliance with any terms or conditions of the certificate of appropriateness; or 2) finding of fraud or misrepresentation used in the process of obtaining the certificate of appropriateness.

(Ord. No. 2012-5, § 6, 1-10-12)

The building official shall forward to the planning department all applications for permits or other entitlements in which all or part of the work to be performed thereunder is subject to the review of the commission or planning department.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

Except as provided herein, the provisions of this chapter requiring hearing(s) before the commission or planning department shall apply to development projects involving, or requests for demolition or relocation of, landmarks, structures of merit or contributing resources which are owned by the county, including public projects within the Alameda County national historic landmark, historic preservation district; provided that the commission or planning department shall make a recommendation to the county Board of Supervisors or other county decision-making body, entity or person, rather than issuing a decision. When acting on county projects, the Board of Supervisors or other county decision-making body, entity or person shall apply the same standards, and make the same findings, required by this chapter for private projects.

B.

The Board of Supervisors may, by resolution or ordinance, exempt from review by the planning department or commission individual county projects or categories of county projects.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

Any interested person who is dissatisfied by the decision of the department director may appeal the determination to the Board of Supervisors. Appeals shall be submitted in writing not more than ten days following the date the action was taken by the director. The appeal may be taken by any property owner or other person aggrieved by the order within a said ten-day period, by filing with the clerk of the Board of Supervisors a notice of appeal that specifying the grounds for such appeal. The appellant shall pay a nonrefundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors.

B.

The Board of Supervisors shall give written notice of the time and place for hearing any appeal. Such notice may be published and shall be given to the applicant, to the appellant, to the agency which made the order appealed, and to any other persons requesting such notice and depositing with the clerk of the board a self-addressed, stamped envelope to be used for this purpose.

C.

Within thirty (30) days of the notice to appeal, or as soon thereafter as is practicable, the Board of Supervisors shall hold a hearing on the appeal and shall sustain, modify or overrule any order brought before it pursuant to subsection A of this section.

(Ord. No. 2012-5, § 6, 1-10-12)

The building official shall notify the planning director upon designation of any listed historic resource or any nominated resource as a substandard, dangerous, or immediately dangerous building, structure or resource.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

The provisions of this chapter shall not be construed to regulate, restrict, limit or modify the authority of the county and the building official or his or her designee(s) as specified below, to issue demolition or other permits under the building code set forth in Title 15 of this code for the abatement of any nominated resource or any listed historic resource determined to be immediately dangerous, and a threat to public health and safety.

B.

Only such work that has been found reasonably necessary as determined by the county's building official to correct the unsafe or dangerous condition may be performed pursuant to this subsection.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

When an individually listed resource on the register, or portion thereof, has been lawfully demolished, removed or disturbed pursuant to any provisions of this chapter, the clerk of the board upon notice from the planning director, shall cause the resource, or portion thereof, to be deleted from the register. Upon deletion, the provisions of this chapter shall not be considered to encumber any remaining property on which the resource was located. Landmark(s) in which a majority of the significant feature(s) and characteristic(s) are destroyed by natural disaster(s), acts of God or other similar events not attributable to the willful or intentional action of the owner or owner's agent, shall be considered lawfully demolished, removed or disturbed for the purposes of this section.

B.

When a listed historic resource in a historic district, or portion thereof, has been lawfully demolished, removed or disturbed pursuant to any provisions of this chapter, the clerk of the board upon notice from the planning director, shall cause such listed historic resource, or portion thereof, to be downgraded to a noncontributing resource in the historic district. Listed historic resource(s) in a historic district in which a majority of the significant feature(s) and characteristic(s) are destroyed by natural disaster(s), acts of God or other similar events not attributable to the willful or intentional action of the owner or owner's agent shall be considered lawfully demolished, removed or disturbed for the purposes of this section.

(Ord. No. 2012-5, § 6, 1-10-12)

In order to further the goal of historic preservation in Alameda County and the purposes of this chapter, the commission shall develop economic and other incentive programs to support the preservation, maintenance, and appropriate rehabilitation of designated landmarks and recommend to the Board of Supervisors the adoption and implementation of such programs.

(Ord. No. 2012-5, § 6, 1-10-12)

The building official is authorized to use and shall use the California Historical Building Code for projects involving landmarks and contributing resources. The parks, recreation and historical commission and the planning director are authorized to and shall utilize the California Historical Building Code for preservation projects.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

Mills Act (California Govt. Code Section 50280 et seq.) contracts granting property tax relief shall be made available by the county only to owners of properties listed in the Alameda County Register (either as landmarks or as contributing resources within historic preservation districts), as well as properties located within the county that are listed in: the National Register of Historic Places (either as individual listings or as contributing properties within National Register historic preservation districts); or the California Register of Historical Places. Such owners may qualify for property tax relief if they pledge to rehabilitate and maintain the historical and architectural character of the property for a minimum ten-year period. Properties that have been previously listed on the above-mentioned register(s), but that have been removed from the register(s) and are no longer listed, shall not be eligible for a Mills Act contract with the county.

B.

Mills Act contracts shall be made available pursuant to California law. The planning department shall make available appropriate Mills Act application materials.

C.

Mills Act contract applications shall be made to the planning department, who shall, within sixty (60) days of receipt of a completed application, prepare and make recommendations on the contents of the contract for consideration by the Board of Supervisors. A fee for the application, to cover all or portions of the costs of the preparation of the contract in the amounts set by Board of Supervisors resolution may be charged.

D.

The Board of Supervisors shall, in public hearing, resolve to approve, approve with conditions, or deny the proposed contract. Should the Board of Supervisors fail to act on the proposed contract within one year of its receipt of the proposal, the proposal shall be deemed denied.

E.

A Mills Act contract application that has failed to be approved by the Board of Supervisors cannot be resubmitted for one year from the date of county Board of Supervisors action, or where the Board of Supervisors fails to take action, within one year from the date that the application is deemed denied pursuant to subsection D above.

(Ord. No. 2012-5, § 6, 1-10-12)

The county shall make available information to owners of historic resources information about local, state, and federal incentives programs.

(Ord. No. 2012-5, § 6, 1-10-12)

A.

The owner, lessee or other person legally in possession of a listed historic resource shall comply with all applicable codes, laws and regulations governing the maintenance of property. Every historic resource shall be maintained in good repair by the owner or such other person who has legal possession or control thereof, in order to preserve the historic resource against decay and deterioration to the greatest extent practicable. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of listed historic resources and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. Listed historic resources shall be preserved against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:

1.

Façades that may fall and injure members of the public or damage property;

2.

Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

3.

Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;

4.

Deteriorated, crumbling or loose exterior plaster;

5.

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

6.

Defective or insufficient weather protection for exterior wall covering, including lack of paint or other protective covering;

7.

Any fault or defect in the building which renders it structurally unsafe or not properly watertight.

B.

If the commission has reason to believe that a historic resource is being neglected and subject to damage from weather or vandalism, the commission shall direct the planning department to meet with the owner or other person having legal custody and control of the resource and to discuss with them the ways to improve the condition of the property. If no attempt or insufficient effort is made to correct any noted conditions thereafter, the commission may, at a noticed public hearing, make a formal request that the planning department or other appropriate department or agency take action to require corrections of defects in the subject resource in order that such resource may be preserved in accordance with this chapter.

(Ord. No. 2012-5, § 6, 1-10-12)

The code enforcement manager and building official, and designees, are hereby authorized to enforce the provisions of this chapter, and, in addition to all other powers available to them in the enforcement of this chapter. The county counsel is authorized to take such legal actions as are lawfully available. A certificate of appropriateness shall not be issued for the demolition of a historic resource because of the failure of the owner to comply with the provisions of this section.

A.

No person shall cause, willfully or otherwise, by action or inaction, alteration of, environmental change to, damage to or demolition of any significant feature(s) or characteristic(s) of a landmark or all or portion of a historic preservation district, or other listed historic resource, or National Register resource or California Register resource without first having obtained a proper county authorization for same.

B.

Any person who violates a requirement of this chapter or fails to obey an order issued by the commission or comply with a condition of approval of any certificate or permit issued under this chapter shall be guilty of a misdemeanor.

C.

For purposes of this chapter, each daily violation shall be considered a new and separate offense.

D.

Any alteration or demolition of a historic resource in violation of this chapter is expressly declared to be a nuisance and shall be abated by restoring or reconstructing the property to its original condition prior to the violation. Any person or entity that demolishes or substantially alters or causes substantial alteration or demolition of a structure, in violation of the provisions of this chapter, shall be liable for a civil penalty.

E.

Alteration or demolition of a historic resource in violation of this chapter shall authorize the county to issue a temporary moratorium for the development of the subject property for a period not to exceed twenty-four (24) months from the date the county becomes aware of the alteration or demolition in violation of this chapter. The purpose of the moratorium is to provide the county an opportunity to study and determine appropriate mitigation measures for the alteration or removal of the historic resource, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures as determined by the planning department and commission shall be imposed as a condition of any subsequent permit for development of the subject property.

F.

In the case of demolition, the civil penalty shall be equal to one-half the assessed value of the historic resource prior to the demolition. In the case of alteration, the civil penalty shall be equal to one-half the cost of restoration of the altered portion of the historic resource. Once the civil penalty has been paid, building and construction permits and/or a certificate of occupancy may be issued.

G.

The county counsel may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction or replacement of any structure demolished, partially demolished, altered or partially altered in violation of this chapter.

(Ord. No. 2012-5, § 6, 1-10-12)

The penalties provided for in this chapter are designated as non-exclusive, and are in addition to any other remedies the county may have.

(Ord. No. 2012-5, § 6, 1-10-12)

Judicial review of any final decision under this chapter shall be filed within thirty (30) days of the date of the decision, and review shall be pursuant to Section 1094.5 of the Code of Civil Procedure.

(Ord. No. 2012-5, § 6, 1-10-12)

The Board of Supervisors may, by resolution, establish the fee(s) for submission of the nomination, and all other applications and submissions made pursuant to this chapter. In the absence of a Board of Supervisors resolution, the planning department may establish the fee and charge schedule.

(Ord. No. 2012-5, § 6, 1-10-12)

All references in this chapter to sections of this code shall incorporate those sections as such sections may be amended from time to time.

(Ord. No. 2012-5, § 6, 1-10-12)

Should any section or other portion of this chapter be determined to be unlawful or unenforceable by a court of competent jurisdiction, the remaining section(s) and portion(s) of this chapter shall be considered severable and shall remain in full force and effect.

(Ord. No. 2012-5, § 6, 1-10-12)

There are many other laws, regulations and ordinance that apply to land use, development, and construction activities. The provisions of this historic preservation ordinance are intended to be in addition to and not in conflict with these other laws, regulations and ordinances. If any provision of this historic preservation ordinance conflicts with any duly adopted and valid statutes of the federal or state government of the state of California, the federal and state statutes shall take precedence.

(Ord. No. 2012-5, § 6, 1-10-12)