A landmark is any site, including significant trees or other significant permanent landscaping located thereon, place, building, structure, street, street furniture, sign, work of art, natural feature or other object having a specific historical, archaeological, cultural or architectural value in the City and which has been designated a landmark by the City Council.
(Ord. 2668 § 1, 1988; Ord. 2897 § 2, 1991)
The designation of a landmark, or the repeal or the modification of a landmark designation, may be initiated by resolution of the Cultural Heritage Board, the City Council, or the City's Planning Commission, or by application of the record owner of the property involved. An application shall be made upon such forms and accompanied by such data and information as may be required for that purpose by the Cultural Heritage Board so as to assure the fullest practical presentation of the facts for proper consideration of the application. Where the initiation is by resolution of the Board, the Planning Commission or the City Council, the City Staff shall collect and compile the data and information which otherwise would have been required to accompany an application. Once such information has been compiled by the Staff, the initiating resolution shall be processed in the same manner as an application that has been determined to be complete.
(Ord. 2668 § 1, 1988)
Upon the filing of a completed application and the making of an environmental determination thereon by the Environmental Coordinator, the matter shall be set for public hearing before the Cultural Heritage Board. The date of the hearing shall be not more than 30 days from the date of the staff's environmental determination on the proposed designation or the certification of an environmental impact report, if one is required.
(Ord. 2668 § 1, 1988)
Notice of the date, time, place and purpose of the public hearing before the Cultural Heritage Board shall be given by at least one publication of the notice in a newspaper having general circulation in the City not less than 14 days prior to the date of the hearing and by depositing in the United States Mail, first class postage prepaid, at least 21 days prior to the date of the hearing, a copy of the notice addressed to the owner of the property being considered. The notice shall identify the property involved and the requested or proposed action being considered with respect to it. The notice shall also state where additional information concerning the matter can be obtained. When the property being considered is not real property, the notice shall be given to both the owner and the person in possession of the real property where the object is situated. The last known name and address of each owner as shown on the records of the County Assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.
(Ord. 2668 § 1, 1988)
The Cultural Heritage Board shall cause to be made by any of its own members or by the Director of the Department of Community Development, or his or her representatives, such investigation of the facts bearing upon an application as in the opinion of the Board will provide the necessary information to assure that the Board's action will be consistent with the intent and purposes of this chapter.
(Ord. 2668 § 1, 1988)
At the time and place so fixed and noticed, a public hearing shall be conducted before the Cultural Heritage Board. The Board may continue such hearing to a time and place certain when such action is deemed necessary under the circumstances or to allow the property owner additional time to respond to the application or the resolution of initiation. The member of the Board presiding at such hearings is empowered to administer oaths to any person testifying, if such is deemed desirable under the circumstances present. The Board shall render its decision in the matter within 30 days of the close of the public hearing.
(Ord. 2668 § 1, 1988)
(A) 
The Board, by resolution, may recommend to the City Council that a specific site, place, building, structure, street, street furniture, sign, work of art, natural feature or other object be designated a landmark, if the Board, based on the information presented to it, finds the same has specific historical, archaeological, cultural or architectural value in the City and that the purposes of this chapter would be furthered by such designation; or
(B) 
The Board, by resolution, may deny an application or proposal to designate a landmark based upon the evidence, or lack thereof, presented to it. A denial by the Board shall be final and shall terminate all proceedings in the matter, unless an appeal to the City Council is timely filed with the City Clerk. A denial by the Board which is not appealed or a denial by the City Council shall preclude reconsideration of the subject matter of the application or proposal for a period of one year from the date of the denial, unless the denial was specifically made without prejudice to the filing of a new application or proposal at any time.
(Ord. 2668 § 1, 1988; Ord. 2897 § 3, 1991)
The City Council, within 40 days of receipt of a recommendation from the Cultural Heritage Board to designate a landmark, shall hold a noticed public hearing thereon. Notice shall be given in accordance with the notice provisions of Section 17-22.036. Following the closing of the hearing, the City Council, based upon the information presented, shall act on the Board's recommendation by either making the recommended designation, in whole or in part, or denying the application or proposal.
(Ord. 2897 § 4, 1991)
A landmark shall be designated by a resolution of the City Council adopted by the affirmative vote or a majority of the Council membership. Failure of a Board recommendation to receive three Council votes in favor thereof, in whole or in part, shall constitute a denial of the proposed designation or a denial of that portion of the recommendation which failed to receive three affirmative votes. A Board recommendation may also be denied by a resolution adopted by the affirmative vote of a majority of the Council's membership.
(A) 
A copy of the City Council resolution designating a landmark shall be sent to the landmark's owner(s) in the manner prescribed by Section 17-22.036.
(B) 
A proposal or application to terminate or modify a landmark designation shall be processed under the same rules and procedures required to designate a landmark.
(Ord. 2668 § 1, 1988; Ord. 2897 § 5, 1991)
Notice of the designation of a landmark shall be transmitted by the City Clerk to the Cultural Heritage Board, the City's Departments of Community Development, Parks and Recreation, Fire, Public Works, the Building Division of the Department of Community Development, the City Manager, the Housing Authority of the City, the Sonoma County Assessor, the Recorder of Sonoma County, and any other interested Departments and governmental and civic agencies. Each City department and division shall make note of such landmark designation, so that future decisions (including any approvals) regarding or affecting any designated landmark made by the City, or an official of the City, will be made with the knowledge of the landmark designation and in accordance with the applicable procedures set forth in this chapter. Whenever any project to be carried out by the City may have an impact on a designated landmark, reasonable notice shall be given to the Cultural Heritage Board by the City department or division responsible for the project, so that the Cultural Heritage Board can review and make recommendations concerning the project early in the decision-making process.
(Ord. 2668 § 1, 1988; Ord. 2897 § 6, 1991)
Any person aggrieved by a decision of the Board with respect to a landmark, or a proposed landmark, may appeal the decision to the City Council. The appeal shall be in writing and shall be filed, together with any fee that may have been established for such an appeal, with the City Clerk within 15 days after the date on which the Board makes its decision. The appeal shall state the name, address and telephone number of the person filing the appeal, shall identify the landmark or proposed landmark involved and the decision of the Board which is the subject of the appeal, shall set forth each ground and each fact upon which the appeal is based and what action the person filing the appeal wishes the City Council to take, and shall be signed by the person filing the appeal. The City Clerk shall give notice of a public hearing upon the appeal in the same manner and time as is required in connection with a public hearing on an application before the Board. The date of the public hearing on the appeal shall be not more than 40 days from the date of the filing of the appeal, unless the Council's agenda will not permit such scheduling, in which case the hearing will be scheduled for the next Council meeting at which time for the public hearing is available. Within 21 days after the close of the public hearing on the appeal, the City Council shall, by resolution, affirm, reverse or modify the decision of the Board.
(Ord. 2668 § 1, 1988; Ord. 2897 § 7, 1991)
The provisions of this chapter regulating landmarks shall apply from the date a landmark is designated by the City Council and shall become inapplicable only after the City Council, in the manner provided in this chapter, terminates the landmark designation.
(Ord. 2897 § 8, 1991)
Every person in possession or control and every owner of a landmark and any appurtenant premises shall maintain and keep in good repair the exterior of such landmark and premises. Good repair is defined as that level of maintenance and repair which clearly insures the continued availability of the landmark and premises for lawful reasonable uses and prevents deterioration, dilapidation and/or decay of such landmark and premises.
(Ord. 2668 § 1, 1988)