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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)
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)
A. Subject to the time limits set forth in subsection B of this section, any resource nominated as a landmark or contributing resource under subsections A or B.1.b of section 17.604.220 shall be considered to be a landmark or contributing resource for purposes of article IV, and it shall be subject to the restrictions and protections of article IV as further provided in section 17.604.400. Any geographic area nominated as a historic district under subsections A or B.1.b of section 17.604.220 shall be considered to be a historic district for purposes of Article IV of this chapter, and the properties located within the proposed historic district shall be subject to the restrictions and protections of article IV as further provided in section 17.604.400.
B. Subsection A of this section shall apply for a period of 180 days from the date the property becomes a nominated resource. After 180 days have elapsed, if the city council has not adopted an ordinance designating the nominated resource as a landmark, contributing resource or historic district, subsection A of this section shall no longer apply; provided, that the council may adopt an ordinance for a single extension of time to consider the nomination up to an additional 180 days.
C. Listed historic resources proposed for deletion from the Sacramento register are subject to the restrictions and protections of article IV unless and until a final decision is made by the city council to delete the listed historic resources from the Sacramento register. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
When a nomination for listing of a resource on the register is denied, no new nomination for listing of the same or substantially the same resource may be filed or submitted for a period of one year from the effective date of the final denial of the nomination. Where a nomination for deletion of a listed historic resource from the register has been denied, no new application to delete the same listed historic resource may be filed or submitted for a period of one year from the effective date of the final denial. (Ord. 2024-0017 § 55; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
A. The preservation commission shall promulgate and recommend to the council for adoption a historic district plan for each preservation area existing as of the date of enactment of Ordinance No. 2006-063, and for each historic district designated pursuant to this chapter. Each historic district plan shall include:
1. A statement of the goals for review of development projects within the historic district;
2. A representation of the historical development of land uses, existing land uses, and any adopted plans for future land uses;
3. A statement of findings, including the following:
a. The historical or pre-historical period to which the area is significant;
b. The predominant periods or styles of the structures or features therein;
c. The significant features and characteristics of such periods or styles, as represented in the historic district, including, but not limited to, structure height, bulk, distinctive architectural details, materials, textures, archeological and landscape features and fixtures; and
d. A statement, consistent with article II, of the standards and criteria to be utilized in determining the appropriateness of any development project involving a landmark, contributing resource or noncontributing resource within the historic district.
B. The preservation commission shall conduct a public hearing or hearings on the proposed historic district plan. The procedures set forth in article II shall govern the preservation commission's review and action on any proposed historic district plan. At the conclusion of the hearing, the preservation commission may affirm, modify or rescind any portions of the proposed historic district plan. A notice of decision and recommendations in support thereof shall be filed in the office of the preservation director.
C. The preservation director shall transmit the preservation commission's recommended historic district plan to the city clerk for the council's review. The procedures set forth in article II shall govern the city council's action on any proposed historic district plan. No historic district plan shall be considered adopted unless it has been approved by the council. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
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