A. If a permit is sought to demolish or relocate a building or structure that was constructed at least 50 years prior to the date of application for demolition or relocation, and that building or structure is not currently on the Sacramento register, is not the subject of a pending nomination, has not been nominated for listing on the official register or reviewed pursuant to this section within the past three years, the permit application shall be referred to the preservation director to allow the director to make a preliminary determination whether the structure should be nominated for listing on the Sacramento register. For purposes of this section, a building or structure for which a building permit issued and construction commenced not less than 50 years prior to the date of application for a demolition or relocation permit shall be considered to have been constructed not less than 50 years ago, regardless of when the construction was completed, and regardless of whether the building or structure was thereafter expanded, modified or otherwise altered. Absent sufficient evidence to the contrary, the date of issuance of the building permit shall be considered to be the date on which construction commenced.
1. Exception: Buildings and structures within other surveyed areas. To the extent that surveys have been prepared for other areas, and the council has approved and adopted these surveys, the council may provide, by resolution or ordinance, that this section shall apply only to those buildings or structures that the survey has identified as potential landmarks or contributing resources.
B. Preliminary determination by preservation director.
1. Preliminary determination-Time limit-Criteria. Within 45 days of receipt of an application to demolish or relocate a building or structure under subsection A of this section, the preservation director shall make a preliminary determination of whether the building or structure is eligible for listing on the Sacramento register. In making this preliminary determination, the preservation director shall apply the eligibility criteria and requirements specified in section 17.604.210. The preservation director shall find that the building or structure is eligible for consideration for listing on the Sacramento register if the director finds that there is a reasonable likelihood that the building or structure will be placed on the Sacramento register following completion of the notice and hearing requirements of this chapter.
2. Preliminary determination-Notice. The preservation director shall notify the property owner of the preliminary determination by first-class, prepaid mail. Failure of the preservation director to act within the 45 day period shall be considered to be a determination that the structure is not eligible for listing on the register. For purposes of this section, the decision shall be considered to have been made on or before the date of mailing of the notice.
3. Preliminary determination-Effect.
a. If the preservation director determines that the building or structure is eligible for listing on the Sacramento register, the building or structure shall be deemed nominated for listing on the Sacramento register under subsection A of section 17.604.220 and shall be subject to section 17.604.240, except that the restrictions of subsection B of section 17.604.240 shall apply for a period of 45 days from the date of the preservation director's preliminary determination under this subsection B and the time by which the council may extend the time period shall be limited to an additional 45 days.
b. If the preservation director determines that the building or structure is not eligible for listing on the Sacramento register, the permit to demolish or relocate the building or structure shall be issued without further restrictions under this chapter. The decision of the preservation director that the building or structure is not eligible for listing on the Sacramento register is final and is not subject to appeal. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)