§ 2.63.060. Procedures for designation of a Landmark.

The Cultural Heritage Commission may recommend the designation of a Landmark either upon its own nomination or upon nomination by any interested group or individual including the owner or occupant of the property proposed for such designation.

A.

Nomination for the designation of a Landmark. Nomination of a resource for Landmark designation shall be submitted to the Development Services Department for review in the manner prescribed in this Section.

1.

Nomination application. A nomination shall be filed by submitting a completed application on a form provided by the Development Services Department.

2.

Application Fee. A filing fee shall accompany each application in the amount set forth in the fee schedule adopted by the City Council by resolution.

3.

Application review. Staff reviews the application for completeness:

a.

If the application is deemed incomplete, Staff contacts the applicant for additional information.

b.

If the application is deemed complete, Staff:

i.

Schedules the nomination for a public hearing on the next available agenda of the Cultural Heritage Commission, but no more than sixty (60) days after the application is deemed complete;

ii.

Notifies the affected property owner and the occupants of the property consistent with the City noticing requirements;

iii.

Prepares a recommendation report for final action. The report shall include a discussion of the relationship of the proposed Landmark to the General Plan, its effect on the surrounding neighborhood and any other planning or historic preservation considerations that may be relevant to the proposed designation; and

iv.

At least thirty (30) days before the date set for a hearing to consider a landmark nomination before the Cultural Heritage Commission, the Director of Development Services shall mail, by certified mail, postage prepaid, notice of the hearing to the affected property owner(s). Such mailing shall include a summary statement of the anticipated impacts and effects of a landmark designation as it relates to the future property and development rights, benefits, and constraints incumbent with a landmark designation. The notice shall also provide the owner the opportunity to meet with staff for further information regarding the designation process. The failure to mail the notice to the property owner or the failure of the property owner to receive the notice shall not affect the validity of any proceedings taken under this Chapter.

B.

Review of the Landmark nomination.

1.

The Cultural Heritage Commission shall review the nomination at a duly noticed public hearing and make a recommendation to the City Council based upon findings of fact pertaining to the designation criteria in this Chapter.

2.

Final action recommending approval or disapproval of a nominated Landmark shall be by a majority vote of the Commission.

3.

The City Council shall consider the nomination as soon as practical after receiving the Cultural Heritage Commission's recommendation, and shall approve by ordinance (in whole or in part) or disapprove the nomination. The ordinance designating a Landmark shall include a description of the particular characteristics that justify the designation; set forth the reasons relative to the designation criteria; and delineate the location and boundaries of the Landmark.

4.

Notice of the City Council's decision shall be sent to the Cultural Heritage Commission, the applicant, and the owner of the subject property.

C.

Declaration of a Landmark designation.

1.

A certified copy of such ordinance shall be recorded in the Office of the County Recorder by the City Clerk immediately following its effective date. The ordinance to be recorded shall contain a legal description of the property, the date and substance of the designation, a statement explaining that the demolition, alteration or relocation of the property is restricted, and a reference to this Section authorizing the recordation.

2.

The property included in the designation ordinance shall upon designation be subject to the controls and standards set forth in this Chapter.

D.

Interim protection for properties while nomination is under review. Once a nomination has been deemed complete, and while the Cultural Heritage Commission's public hearing and the decision by the City Council on their recommendation is pending, no permits for the alteration, demolition or removal of improvements on the property nominated for Landmark status may be issued, provided that the prohibitions shall terminate on the one hundred eighty first day following the application being deemed complete, and provided that, notwithstanding the provisions of this Subsection D, requests for building permits which the Director of Development Services determines will have no adverse effect on the architectural character of the nominated property, and which meets the criteria for approval of certificates of appropriateness and the procedure set forth in Section 2.63.080, may be approved during the pendency of review of the subject nomination.

E.

Rescinding or amending a Landmark designation.

1.

The procedures for rescinding or amending the designation of a Landmark shall comply with the provisions of Subsections 2.63.060.A through E to designate a Landmark.

2.

In rescinding or amending the designation of a Landmark, the Cultural Heritage Commission shall determine if one or more provisions of Subsections 2.a through 2.d, inclusive, of this Section are applicable to the designated Landmark.

a.

The information in the Landmark nomination was erroneous and the property is not significant or does not retain its integrity.

b.

New information contradicts the information in the Landmark nomination and the property is not significant or does not retain its integrity.

c.

The Landmark has been altered since it was designated and no longer retains its integrity.

d.

The Landmark has been demolished.

3.

Notice of the rescission of or amendment to a designation shall be mailed to the owner of record of the subject property. The City Clerk shall file for removal of the recordation with the Office of the County Recorder.

( ORD-15-0038 § 1, 2015)