(A) Requests for designation. Designation of an historic resource may be initiated by the Council, the Commission, the Secretary, the property owner, or an authorized representative of the owner. The application for designation consideration shall be filed with the city, using a form approved by the Secretary and shall include the following information:
(1) The Assessor's parcel number for the property containing the building, structure, object or site proposed for designation along with the name and address of the current owner(s) of record and a copy of the deed granting title to the owner(s);
(2) Whether the proposed historic resource takes the form of a building, structure, object or site as same is defined in this chapter;
(3) A description of the specific building, structure, object or site proposed for designation including but not limited to its dates of construction, significant alterations and architectural style;
(4) The manner in which the proposed building, structure, object or site meets the criteria for designation contained in § 10.96.040;
(5) Current photographs of all aspects of the proposed historic resource, supplemented by sketches, drawings or other descriptive materials;
(6) A description of the physical condition and appearance of the proposed historic resource;
(7) If the designation proposal is not being submitted by the owner, a statement acknowledging whether the owner has consented to submission of the proposal, is in opposition to the submission or has declined to state a position on the issue, however, this language shall not be interpreted as requiring owner consent to the designation of an individual resource under this section;
(8) Completed California Department of Parks and Recreation Primary Record and Building, Structure and Object #523 forms for the proposed historic resource.
(B) Procedural requirements in advance of hearing.
(1) The application and supporting information shall be reviewed by the Department for adequacy and completeness under the requirements of this section. A hearing on the application will be scheduled when the Department determines that the application is complete.
(2) Notice of the time, place and purpose of such hearing will be mailed to the owner of the property proposed for designation at the address shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.
(3) The property owner and/or any authorized representative shall be prohibited from undertaking any alteration, construction, grading, demolition or removal of such property, and no permit to undertake such work shall be issued by the city for 90 days from the date the Department mails the notice of hearing to determine historic resource designation to the property owner and/or any authorized representative. If no final action has been taken as to the historic resource designation within the 90-day period, said restrictions shall be removed unless the Commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic resource designation. If the Commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the Department shall notify the appropriate city officials of said restrictions. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the Commission.
(4) The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the historic resource, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the Building Code.
(5) Prior to the Commission's hearing on the designation of the property, upon application by the property owner and/or any authorized representative, the Secretary may approve a permit for alterations, construction or reconstruction consistent with the ordinary maintenance and repair of the property, to the extent that such work does not adversely affect the exterior architectural features of the property.
(C) Commission hearing.
(1) The Commission shall review all materials prepared and submitted and vote on the designation recommendation.
(2) At the conclusion of the hearing, the Commission shall make a recommendation to the City Council for approval, disapproval or modification of the historic designation and make findings in support of that recommendation; or the Commission may continue the hearing.
(3) An affirmative roll call vote of a majority of the Commission is required for a recommendation to the City Council.
(4) Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings and all submitted materials to the City Clerk. The City Clerk shall place on the agenda of the Council the Commission's recommendation for Council consideration. The owner of the property shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.
(Ord. 07-28, passed 12-18-2007)