A preservation district is any clearly described geographic
area having historical significance or representing one or more architectural
periods or styles typical to the history of the City which has been
designated a preservation district by the City Council.
(Ord. 2668 § 1, 1988; Ord. 2897 § 9, 1991)
The designation of a preservation district, or the repeal or
the modification of a preservation district designation, may be initiated
by resolution of the Cultural Heritage Board, the City Council, or
the City Planning Commission, or by application of a record property
owner. 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 a proper consideration of the application.
Where the initiation is by resolution, 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 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, notices addressed
to the owners of all property being considered for inclusion within
the proposed preservation district. The notice shall describe the
boundaries of the proposed district by streets or other commonly understood
terms or shall contain a map indicating the boundaries of both and
shall contain a brief description of the effects of the designation.
The notice shall also state where additional information concerning
the matter can be obtained. The last known name and address of each
owner of property as shown on the records of the County Assessor may
be used for the 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 on the County's assessment roll 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 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 or desirable. The Board may establish rules for
the conduct of such hearings and the member of the Board presiding
at such hearings is empowered to administer oaths to any person testifying,
if should such be necessary or appropriate under the circumstances.
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 an area of the City be designated a preservation district, if the Board, based upon the information presented to it, finds that the area proposed for the designation has historical significance or represents one or more architectural periods or styles typical to the history of the City and that the purposes of this chapter are furthered by such designation. In making a recommendation for such designation, the Board may specify those significant features, other than buildings and structures, which will require a permit under Section
17-22.090 before they can be restored, altered, demolished, removed or otherwise changed as specified in that section; or
(B) The Board, by resolution, may deny an application or proposal to
designate a preservation district based upon the information, 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 § 10, 1991)
The City Council, within 40 days of receipt of a recommendation from the Cultural Heritage Board to designate a Preservation Board, shall hold a noticed public hearing thereon. Notice shall be given in accordance with the notice provisions of Section
17-22.036. Following the close 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.
(Ord. 2897 § 11, 1991)
A Preservation District shall be designated by a resolution of the City Council adopted by the affirmative vote of a majority of the Council's membership. Failure of a Board recommendation to receive three votes in favor thereof, in whole or in part, shall constitute a denial of the proposed designation, or a denial of the portion failing 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 resolution designating a preservation district may specify those significant features, other than buildings and structures, which will require a permit under Section
17-22.090 before they can be altered, demolished, removed or otherwise changed as specified in that section.
(A) A copy of the City Council's resolution designating a preservation district shall be sent to the owners of the real property situated within the district in the manner prescribed by Section
17-22.066.
(B) A proposal or application to terminate or modify a preservation district
designation shall be processed under the same rules and procedures
required to designate a district.
(Ord. 2668 § 1, 1988; Ord. 2897 § 12, 1991)
Notice of the designation of a preservation district shall be
transmitted by the City Clerk to the Cultural Heritage Board, the
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 note the designation of a
Preservation District in its records, so that future decisions (including
any approvals) regarding or affecting any Preservation District or
any portion thereof made by the City or an Official of the City will
have been made with the knowledge of the Preservation District designation
and in accordance with the procedures set forth in this chapter. Whenever
any project to be carried out by the City may have an impact on a
designated Preservation District, or any part thereof, 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 may review and make recommendations concerning the project early
in the decision-making process.
(Ord. 2668 § 1, 1988; Ord. 2897 § 13, 1991)
Any person aggrieved by a decision of the Board with respect to a Preservation District, or a proposed Preservation District, or any structure, building or feature therein, may appeal the decision to the City Council. An appeal may be taken from the inclusion of a particular lot or parcel within the District. 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 Preservation District or proposed Preservation District 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 schedule a public hearing on the appeal in accordance with Section
17-22.048 and shall give notice thereof in accordance with the provisions of Section
17-22.066. Within 21 days after the close of the public hearing, the City Council shall, by resolution, affirm, reverse or modify the decision of the Board.
(Ord. 2668 § 1, 1988; Ord. 2897 § 14, 1991)
The provisions of this chapter regulating preservation districts
shall be effective from the date a preservation district is designated
by the City Council and shall become inapplicable only after the City
Council, as provided in this chapter, terminates the designation.
(Ord. 2897 § 15, 1991)
Every person in possession or control and every owner of property
located within a designated Preservation District shall maintain and
keep in good repair the exterior of any structure, building and premises
located within the district. Good repair is defined as that level
of maintenance and repair which clearly insures the continued availability
of the structures, buildings and premises for lawful reasonable uses
and prevents deterioration, dilapidation and decay of such structures,
buildings and premises.
(Ord. 2668 § 1, 1988)