A. Request to delete historic resource from the Sacramento register.
1. Historic districts. The city council, preservation commission and the preservation director shall have the authority to initiate proceedings to request the deletion of a historic district from the Sacramento register by filing a statement of deletion with the secretary to the preservation commission.
2. Landmarks and contributing resources. The owner of a landmark or contributing resource may submit an application for deletion of the listed historic resource from the Sacramento register by filing an application with the preservation director.
3. Historic resources no longer eligible for the Sacramento register. The preservation director shall periodically propose and process for deletion from the Sacramento register those listed historic resources that have been lawfully removed, demolished or disturbed to such an extent that, in the preservation director's opinion, they no longer qualify for listing on the register.
4. Early notification. The preservation director shall provide early notification of requests for the deletion of a listed historic resource from the Sacramento register in accordance with the policies and procedures established under Section 17.812.030.E.
B. Request to delete landmarks and contributing resources-Preliminary determination of preservation director.
1. Preliminary determination. Within such time that is reasonable and practicable after the preservation director has determined that an owner's application for deletion is complete, the preservation director shall make a preliminary determination on whether the listed historic resource is eligible for deletion from the Sacramento register based on the criteria specified in section 17.604.210. If the preservation director determines that the listed historic resource is eligible for deletion from the Sacramento register, the application shall be set for hearing by the preservation commission pursuant to subsection C of this section. If the preservation director determines that the listed historic resource is not eligible for deletion from the Sacramento register, the application shall be considered to be denied.
2. Notice of preliminary determination. The preservation director shall give written notice of the preliminary determination to the applicant and to those who received early notice of the application for deletion under subsection A.4 of this section.
3. Appeal. Any person dissatisfied with a preliminary determination by the preservation director that a listed historic resource is not eligible for deletion from the Sacramento register may appeal the determination to the preservation commission. The appeal hearing by the preservation commission shall be noticed, heard, and otherwise governed by the provisions of subsection C of this section.
C. Request to delete historic resource from Sacramento register-Hearing by the preservation commission.
1. Notice and hearing. Upon receipt of a statement of deletion, an application by an owner to delete a historic resource from the Sacramento register, or an appeal from the preservation director's preliminary determination that a historic resource is not eligible for deletion from the Sacramento register, the preservation commission shall hold at least one public hearing on the deletion. 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 mail pursuant to section 17.812.030.B.3.
2. Recommendation.
a. Except as provided in subparagraph b of this paragraph 2, the preservation commission shall make a recommendation to the city council on the proposed deletion. The preservation commission shall base its recommendation on the criteria, considerations and assessment of integrity and significance outlined in this chapter.
b. In the case of an appeal from the preservation director's preliminary determination that a historic resource is not eligible for deletion from the Sacramento register, if the preservation commission determines that the historic resource is not eligible for deletion and denies the appeal, the decision of the preservation commission shall be final and shall not be subject to appeal.
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 the deletion of historic resources from the Sacramento register.
D. Request to delete historic resource from Sacramento register-Hearing and decision by city council.
1. Notice and hearing. The city council shall hold at least one public hearing on the proposed deletion 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. Approval of the deletion of a historic resource from the Sacramento register shall be made by uncodified ordinance that shall contain findings of fact in support of the deletion. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)