19.37.060   Public hearings and decision.
   A.   Upon receipt of a complete application from a property owner for a landmark designation or designation of a landmark overlay zoning district, or upon initiation of a landmark designation or designation of a landmark overlay zoning district by the board or City Council, or upon referral of an application for a demolition or building permit for the major alteration of a building, structure, or object located within a landmark overlay zoning district from the Building Official to the Director, the Director shall set the matter, together with recommendations, for a public hearing before the board.
   B.   Board Recommendation on Landmark Designations. At the conclusion of the public hearing, the board shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed landmark designation based upon the landmark significance criteria required by section 19.37.040 and, if applicable, whether to approve or deny the proposed demolition or major alteration pursuant to the findings in section 19.37.100.
   C.   Board Recommendation on Landmark Overlay Zoning Districts. At the conclusion of the public hearing, the board shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed landmark overlay zoning district based upon the findings required by Chapter 19.06 and whether the resource meets the significance criteria for a landmark overlay zoning district required by section 19.37.040.
   D.   Proposed landmark designations and designations of landmark overlay zoning districts associated with projects which also require the issuance of a discretionary permit by the Commission or Council shall be reviewed by the board for a recommendation to the Commission or Council whether to approve or deny the proposed designation.
   E.   Upon receipt of the board's recommendation to the City Council regarding landmark designations and designations of landmark overlay zoning districts, the City Clerk shall set the matter for a public hearing before the City Council.
   F.   City Council Decision on Landmark Designations and Landmark Overlay Zoning Districts. At the conclusion of the public hearing, the City Council may adopt, modify, or reject the recommendations of the board. The significant features and characteristics of the nominated property or landmark overlay zoning district identified by the board, or the grounds for recommended approval or denial of a proposed demolition or major alteration, shall not be considered binding on the City Council, and nothing shall prevent or preclude the City Council from identifying different, additional or fewer significant features and characteristics of a landmark designation or modified boundaries of a landmark overlay zoning district, or different or additional grounds for approval or denial of a proposed demolition or major alteration. Adoption of any listing on, or deletion from, the Historic Resources Inventory, or the approval or denial of a proposed demolition or major alteration, shall be made by resolution containing findings of fact based upon the significance criteria established by section 19.37.040 and, if applicable, the findings in section 19.37.100.
(Ord. 2410 §18)