A site, building or structure may be designated as a Monument in accordance with the procedures set forth in this section.
(a) Initiation. The City Council, the Commission or the Director may initiate consideration of a proposed designation of a site, building or structure as a Monument. Any initiation by the Council or the Commission shall be by majority vote. The City Council or the Commission shall forward the proposed designation to the Director for a report and recommendation.
(b) Application. Any interested individual may apply for a proposed designation of a Monument. The applicant shall complete the application for the proposed designation on a form provided by the Department; include all information required; pay the required fee, if any; and file the application with the Department.
(c) Action on the Initiation or Application.
1. Authority. The Commission may recommend approval or disapproval in whole or in part of an application or initiation of a proposed designation. Unless otherwise specified, the recommendation shall be made to the City Council for its action pursuant to the procedures set forth in this section. No designation of a site, building or structure as a Monument shall be effective unless the designation has been adopted by the City Council.
2. Procedure for City Council-Initiated Designations. Upon receipt of any proposed designation initiated by the Council, the Commission shall, pursuant to Section 22.171.8 of this article, inspect and investigate the proposed Council-initiated designation. The Director shall thereafter prepare a report and recommendation on the proposed designation. After receipt of the Director's report and recommendation, the Commission shall hold a public hearing regarding the proposed designation and determine whether the site, building or structure conforms with the definition of a Monument as set forth in Section 22.171.7 of this article. After the Commission submits a report and recommendation, the City Council may consider the matter. If the Commission recommends approval of a City Council-initiated designation, the City Council may adopt the designation by a majority vote. If the Commission recommends disapproval of a City Council-initiated designation, the City Council may adopt the proposed designation by a two-thirds vote. The City Council shall act within the time specified in Subsection (f) of this section.
3. Procedure for Commission or Director-Initiated Designations. After initiation of a proposed designation by the Commission or the Director, the Commission shall, pursuant to Section 22.171.8 of this article, inspect and investigate the proposed designation. The Director shall thereafter prepare a report and recommendation on the proposed designation. After receipt of the Director's recommendation, the Commission shall hold a public hearing regarding the proposed designation and determine whether the site, building or structure conforms with the definition of a Monument set forth in Section 22.171.7 of this article. If the Commission recommends approval of a Commission- or Director-initiated designation, the Commission shall submit a report and recommendation to the City Council. The City Council may consider the matter and may approve the recommendation by a majority vote. If the Commission disapproves the proposed designation, the Commission's decision is final.
4. Procedure for Applications for Designations. Once a complete application is received, as determined by the Director, the Commission shall determine at a public meeting whether the proposed designation merits further consideration. If the Commission determines to take the proposed designation under consideration, it shall conduct an inspection and investigation pursuant to Section 22.171.8 of this article. The Director shall thereafter prepare a report and recommendation on the proposed designation. After receipt of the Director's report and recommendation and conducting its inspection and investigation, the Commission shall hold a public hearing regarding the proposed designation and determine whether the site, building or structure conforms with the definition of a Monument as set forth in Section 22.171.7 of this article. If the Commission recommends approval of an application for a proposed designation, the Commission shall submit a report and recommendation to the City Council. The City Council may consider the matter and may adopt the designation by a majority vote. If the Commission disapproves the proposed designation, the decision is final.
(d) Notice. Notice shall be given as set forth below. For the purpose of this article, the owner of the site, building or structure shall be deemed to be the person appearing as the owner of the property on the last Equalized Assessment roll of the County of Los Angeles and appearing as the owner of the property on the records of the City Clerk. If the records of the City Clerk and the County Assessor indicate the ownership in different persons, those persons appearing on each of those lists shall be notified.
1. Initiation of a Proposed Designation by the City Council, Commission or Director. The owner of record of a property shall be notified in writing forthwith of: any determination by the City Council, Commission or Director to initiate a proposed designation; and the Temporary Stay pursuant to Section 22.171.12 of this article. The Notice shall be sent via Certified Mail, Return Receipt Requested.
2. Director's Action on Proposed Designation. The owner of record of a property shall be notified in writing forthwith of the Director's determination that an application is complete, and that the Temporary Stay pursuant to Section 22.171.12 of this article has been initiated. The Notice shall be sent via Certified Mail, Return Receipt Requested.
3. Commission Action to Take Under Consideration Proposed Designation by Application. Additionally, the owner of record of a property shall be notified in writing within 10 days of the Commission's decision after the Commission determines to take a proposed designation under consideration. The Notice shall be sent via Certified Mail, Return Receipt Requested.
4. Commission Action on Proposed Designation by Initiation or Application. The time, place and purpose of the public hearing on the proposed designation shall be given by mailing written notice at least ten days prior to the date of the hearing, to the applicant, if any, and to the owner of record of a property or the owner's representative, if different from the applicant or if the designation was proposed by initiation. Notice to the record owner or the owner's representative shall be sent via Certified Mail, Return Receipt Requested.
5. City Council Action on Proposed Designation by Initiation or Application. The time, place and purpose of the public hearing on the proposed designation shall be given by mailing a written notice at least ten days prior to the date of the hearing, to the applicant, if any, and to the owner of record of a property or the owner's representative, if different from the applicant or if the designation was proposed by initiation. Notice to the record owner or the owner's representative shall be sent via Certified Mail, Return Receipt Requested.
(e) Time for the Cultural Heritage Commission to Act.
1. Action on Application. The Commission shall determine at a public meeting held within 30 days of the filing of a complete, verified application, as determined by the Director, whether to take under consideration a proposed designation of a Monument. The time limit to take a proposed designation under consideration may be extended by mutual consent of the applicant, property owner, and the Director or Commission. After providing all notice required under this article, the Commission shall hold a public hearing on the proposed designation. The Commission shall, pursuant to Section 22.171.10 of this article, make a report and recommendation on the application within 75 days of the meeting where the proposed designation was taken under consideration. With written consent of the owner, the time for the Commission to act may be extended by up to an additional 60 days. If the Commission fails to act on an application within the time allowed by this section, the Commission shall be deemed to have denied the application.
2. Action on Initiation. If the proposed designation of a Monument was proposed by initiation rather than application, the Commission shall, after providing all notice required under this article, hold a public hearing on the proposed designation. The Commission shall, pursuant to Subsection (c) of this section, make a report and recommendation on the application within 75 days of the date of the receipt of the proposed initiation. With written consent of the owner, the time for the Commission to act may be extended by up to an additional 60 days. If the Commission fails to act on the initiation within the time allowed by this section, the Commission shall be deemed to have recommended denial of the proposed designation.
(f) Time for City Council to Act. The City Council may approve or disapprove in whole or in part an application or initiation for a proposed designation of a Monument. The City Council shall act within 90 days of the public hearing held before the Commission on the proposed designation. The City Council may unilaterally extend the 90-day time limit to act for a maximum of 15 days for good cause. With written consent of the owner, the time for the City Council to act may be extended by up to an additional 60 days. If the City Council does not act on the application or initiation within the specified time limit, the application or initiation to designate a Monument shall be deemed to have been denied. The City Council may override a Commission recommendation of denial of a City Council-initiated designation by a minimum of ten votes.
SECTION HISTORY
Added by Ord. No. 178,402, Eff. 4-2-07.
Amended by: Second Para. of Subsec. (d), Ord. No. 181,595, Eff. 4-10-11; In Entirety, Ord. No. 185,472, Eff. 4-28-18.