A. Initiation of nomination proceedings.
1. Statement of nomination. The city council, preservation commission and the preservation director shall each have the authority to initiate proceedings to nominate resources for listing on the Sacramento register as landmarks, historic districts, or contributing resources by filing a statement of nomination with the secretary to the preservation commission.
2. Hearing by preservation director. The preservation director shall hold at least one public hearing on a statement of nomination filed under paragraph 1 of this subsection. The procedural requirements of the hearing and the content of the notice are governed by chapter 17.812. Notice of the hearing shall be given by mail to the owner of the resource proposed for nomination or, in the case of a nomination of a historic district, to all property owners within the proposed district.
3. Decision and notification-Concurring with statement of nomination. At the conclusion of the hearing, the preservation director shall issue a written decision. The preservation director shall base his or her decision on the criteria, considerations and assessment of integrity and significance outlined in this chapter.
a. If the preservation director concurs, in whole or in part, with the statement of nomination, the director shall issue a written statement of the reasons for the nomination based on the eligibility criteria for listing on the Sacramento register and shall include a description of the resource's significant features and characteristics. Upon issuance of the preservation director's written statement, the resource shall be deemed nominated for listing on the Sacramento register. The preservation director shall transmit or cause to be transmitted written notice of the decision to the preservation commission and to the owner of the nominated resource or, in the case of a nomination of a historic district, to all property owners within the proposed district. The notice of decision shall include the following:
i. Notification that the resource has been nominated for listing on the Sacramento register as a landmark or contributing resource, along with the statement of the reasons for the nomination issued by the preservation director. In the case of a nomination of a historic district, the notice shall include a description of the proposed boundaries of the district and whether the owner's property is proposed to be added as a contributing or non-contributing resource;
ii. A general explanation of the nomination process, including the noticed hearings before the preservation commission and the council, and the provisions of section 17.604.240 on the effects of nomination on development projects;
iii. A general explanation of the effects of placement on the Sacramento register, including the restrictions on alteration and demolition, as well as the general benefits from placement on the register.
b. If the preservation director does not concur, in whole or in part, with the statement of nomination, the director shall issue a written statement of the reasons for not concurring in the nomination. The preservation director shall transmit written notice of the decision to the preservation commission and to the owner of the resource or, in the case of the nomination of a historic district, to all property owners within the proposed district. The notice shall include the date of the preservation commission meeting at which the preservation commission will review and consider the matter under subsection B.1.b of this section.
B. Nomination of resource to Sacramento register-Hearing by the preservation commission.
1. Notice and hearing.
a. If the preservation director concurs with the statement of nomination, the preservation commission shall hold at least one public hearing on the nomination. The procedural requirements of the hearing and the content of the notice shall be governed by chapter 17.812. The notice shall also include the statement of the reasons for the nomination issued under subsection A.3 of this section. The identification of significant features and characteristics in the notice shall not be considered binding on the preservation commission or council, and nothing shall prevent or preclude the preservation commission or council from identifying different, additional or fewer significant features and characteristics. Notice of the hearing shall be given by mail pursuant to section 17.812.030.B.3.
b. If the preservation director does not concur with the statement of nomination, the preservation director shall present the matter to the preservation commission for its review and consideration at its next available regular meeting or at a special meeting. The preservation commission may direct the preservation director to set the nomination for hearing under subsection B.1.a of this section, in which case the resource is deemed nominated for listing on the Sacramento register. The preservation director shall transmit written notice of the preservation commission's action to owners of the nominated resources or, in the case of a nomination of a historic district, to all property owners within the proposed district, in the manner provided in subsection A.3 of this section.
2. Recommendation. At the conclusion of the hearing, the preservation commission shall make a recommendation to the city council on the nomination. The preservation commission shall base its recommendation on the criteria, considerations and assessment of integrity and significance outlined in this chapter. If it recommends listing of the nominated resource on the Sacramento register, the preservation commission shall specify the significant features or characteristics of the nominated resource. In the case of a recommendation for listing of a historic district on the Sacramento register, the preservation commission shall identify as a contributing resource any property, structure, feature, or other resource within the nominated historic district that it determines contributes to the district's designation as a historic district. Properties, structures, features or other resources that happen to be located within the nominated historic district boundaries, but that have no relevance to the area's identified significance, significant physical features or identifying characteristics, shall be deemed non-contributing resources.
3. Transmittal to city council. The preservation director shall transmit to the city clerk for review by the city council the preservation commission's recommendations on placement of nominated resources on the Sacramento register.
C. Nomination of resource to Sacramento register-Hearing and decision by city council.
1. Notice and hearing. The city council shall hold at least one public hearing on the nomination as recommended by the preservation commission. The procedural requirements of the hearing and the content of the notice shall be governed by chapter 17.812. Notice of the hearing shall be given by publication and mail pursuant to sections 17.812.030.B.1 and 3.
2. Decision. At the conclusion of the hearing, the city council may adopt, modify or reject the action recommended by the preservation commission. In the alternative, the city council may refer the proposed action to the preservation commission for further hearings, consideration or study. The significant features and characteristics of the nominated property identified by the preservation director and the preservation commission shall not be considered binding on the council, and nothing shall prevent or preclude the council from identifying different, additional or fewer significant features and characteristics. Adoption of any listing on or deletion from the Sacramento 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 Sacramento register, and shall identify contributing resources and noncontributing resources in a historic district. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)