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A. When an individually listed landmark on the Sacramento register, or portion thereof, has been lawfully demolished, removed or disturbed pursuant to any provisions of this chapter, the city clerk upon notice from the preservation director, shall cause such landmark, or portion thereof, to be deleted from the Sacramento register. Upon deletion, the provisions of this chapter shall not be considered to encumber any remaining property on which the landmark was located. A landmark in which a majority of the significant features and characteristics are destroyed by a natural disaster, act of God or other similar event not attributable to the willful or intentional action of the owner or owner's agent, shall be considered lawfully demolished, removed or disturbed for the purposes of this section.
B. When a listed historic resource in a historic district, or portion thereof, has been lawfully demolished, removed or disturbed pursuant to any provisions of this chapter, the city clerk upon notice from the preservation director, shall cause such listed historic resource, or portion thereof, to be downgraded to a noncontributing resource in the historic district. A listed historic resource in a historic district in which a majority of the significant features and characteristics are destroyed by a natural disaster, act of God or other similar event not attributable to the willful or intentional action of the owner or owner's agent shall be considered lawfully demolished, removed or disturbed for the purposes of this section. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
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)
The building official is authorized to use and shall use the California Historical Building Code for projects involving landmarks and contributing resources. The preservation commission and the preservation director are authorized to and shall utilize the California Historical Building Code for preservation projects. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
A. This section implements the Mills Act (California Government Code section 50280 et seq.), related to historical property contracts. The Mills Act authorizes local governments to enter into contracts with owners of private historical property who will preserve and, when necessary, restore and rehabilitate the property. As consideration for the preservation, restoration, and rehabilitation of the property, a Mills Act contract will qualify the property for an assessment of valuation in accordance with California Revenue and Taxation Code section 439 et seq., which may result in tax savings for the property owner.
B. An owner of any of the following properties that are not exempt from taxation may apply to enter into a Mills Act contract with the city: a property listed in the Sacramento register (either as a landmark or a contributing resource within a historic district); a property within the city that is listed in the National Register of Historic Places (either as an individual listing or as a contributing property within a national register historic district); or a property within the city that is listed in the California Register of Historical Resources. Properties that have been previously listed in one or more of the abovementioned registers, but that have been removed from the register and are no longer listed, are not eligible for a Mills Act contract with the city.
C. The city council, by resolution, may limit the number of Mills Act contracts the city enters in any calendar year.
D. When considering whether an applicant is suitable for a Mills Act contract, the city, in its sole discretion, may give priority to applicants that demonstrate any of the following:
1. The property is particularly significant due to its historic value, location, or other attribute.
2. The applicant has the ability to preserve and, when necessary, restore and rehabilitate the property.
3. The preservation and, when necessary, restoration and rehabilitation of the property will enhance the city's inventory of historic and cultural resources.
E. The preservation director shall make available Mills Act application materials.
F. A property owner who wishes to enter into a Mills Act contract with the city must submit an application to the preservation director and pay a processing and administrative fee in an amount established by resolution of the city council. The preservation director, within 60 days of receipt of a complete application, shall determine the applicant's suitability for a Mills Act contract based on subsections B and D above. If the preservation director determines the applicant is suitable for a Mills Act contract, the preservation director shall prepare and make recommendations on the contents of the contract for consideration by the city council.
G. The city council may, in its sole discretion, approve, approve with conditions, or deny the proposed contract. Should the city council fail to act on the proposed contract within one year of its receipt of the proposal, the proposal shall be deemed denied.
H. A Mills Act contract application that has been denied by the city council cannot be resubmitted for one year from the date of city council action, or where the council fails to take action, within one year from the date that the application is deemed denied pursuant to subsection G of this section. (Ord. 2018-0039 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
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