§ 2.63.070. Procedures for designation of a Landmark District.  


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  • The Cultural Heritage Commission may recommend the designation of a Landmark District either upon nomination by a neighborhood group or owner of property in the proposed historic district. Nominations for Landmark Districts are processed as set forth in Subsections A through C of this Section.

    A.

    Nomination for the designation of a Landmark District. Nomination of a resource for Landmark District designation shall be submitted to the Development Services Department for processing as prescribed below.

    1.

    Nomination application. The nomination for a Landmark District shall be filed with the Development Services Department on an application form provided by the Department. The application shall include:

    a.

    A petition that a simple majority of the property owners within the boundaries of the proposed Landmark District support the designation.

    b.

    A map with the boundaries of the proposed Landmark District.

    c.

    Evidence that the proposed Landmark District meets the designation criteria.

    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, the Staff contacts the applicant for additional information.

    b.

    If the application is deemed complete, the Staff:

    i.

    Conducts a workshop for the affected property owners and the occupants of the properties on Landmark District designation;

    ii.

    Makes a preliminary determination regarding the eligibility of the proposed Landmark District;

    iii.

    If the proposed Landmark District appears to meet the designation criteria in this Chapter, the Director of Development Services authorizes the Staff to prepare a historic resources survey. The survey shall be conducted according to the methodology established by the State Office of Historic Preservation;

    iv.

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

    v.

    Notifies the affected property owners and occupants of the public hearing consistent with City noticing requirements;

    vi.

    Prepares a recommendation report for final action. The report shall include a discussion of the relationship of the proposed Landmark District 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.

    B.

    Review of Landmark District nomination.

    1.

    Upon completion of the historic resources survey, the Cultural Heritage Commission shall conduct a public hearing to review the nomination 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 District shall be by a majority vote of the Cultural Heritage Commission.

    3.

    Within sixty (60) days of receipt of the Cultural Heritage Commission's recommendation, the City Council shall consider the recommendation at a public hearing, and by ordinance approve (in whole or in part) or disapprove the nomination. The ordinance designating a Landmark District shall include a description of the unifying characteristics that justify the designation; set forth the reasons for the designation relative to the designation criteria; establish the period of significance; delineate the boundaries of the District; and identify the contributing and noncontributing properties.

    4.

    Notice of the City Council's decision shall be sent to the Cultural Heritage Commission, the applicant, and the owners of the properties within the Landmark District.

    C.

    Declaration of Landmark District designation.

    1.

    A certified copy of the 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 subject properties, the date and substance of the designation, a statement explaining that the demolition, alteration or relocation of cultural resources within the Landmark District is restricted, and a reference to this Section authorizing the recordation.

    2.

    The properties 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 a 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 District designation.

    1.

    The procedures for rescinding or amending the designation of a Landmark District shall comply with Subsections 2.63.070.A through E.

    2.

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

    a.

    The information in the historic resource survey of the Landmark District was erroneous or the area is not significant and does not retain its integrity.

    b.

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

    c.

    The boundaries of the Landmark District should be changed so that a minimum of 60 percent (60%) of the properties within the boundaries qualify as contributing properties.

    d.

    The period of significance of the Landmark District should be changed to accurately reflect the reasons that justified its designation.

    e.

    A property has been altered since it was designated and no longer retains its integrity. Therefore the status of the property should be changed from contributing to noncontributing.

    f.

    The historic character of a property has been restored since it was designated. Therefore the status should be changed from noncontributing to contributing.

    g.

    A contributing property has been demolished. Therefore the status of that structure should be changed to noncontributing.

    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 the revision of the ordinance recorded with the Office of the County Recorder.

( ORD-15-0038 § 1, 2015)