A. Designation Criteria. For purposes of this Chapter, a building, structure, object, or site is eligible for inclusion in the HRI if it meets all of the following designation criteria:
1. Age. A building, structure, object, site, or district that is 50 years of age or older may qualify as an HRI property if it meets other designation criteria. If a property proposed for inclusion is less than 50 years of age, sufficient time must have passed to obtain a scholarly perspective on the events or individuals associated with the property, and/or the property proposed for inclusion is a distinctive or important example of its type or style;
2. Retains Historic Integrity. A building, structure, object, site, or district must maintain integrity to be considered eligible for listing on the City’s inventory as an HRI property. Integrity refers to a resource’s ability to convey its significance by the retention of a property’s visual and physical characteristics and its surroundings. If a property proposed for inclusion was moved to prevent demolition at its former location, it may still be considered eligible for listing as an HRI property if the new location is compatible with the original character of the property; and
3. Appendix 8.9. The property proposed for inclusion falls within one or more of the following categories, as these terms are defined in Section 8.9.2 (Criteria for Local Significance) of Appendix 8.9 of the General Plan:
a. Historical or cultural significance;
b. Architectural significance;
c. Geographic significance; or
d. Archaeological significance.
B. Initiation of Designation.
1. Designation of a property proposed for inclusion on the HRI may be initiated by any of the following parties:
a. Owner(s) of the property proposed for inclusion or authorized representative of the owner(s);
b. Historical and Landmarks Commission; or
c. Council.
2. If designation is initiated by the owner(s), an application for designation shall be made to the Department through submittal of the prescribed application form accompanied by a nonrefundable filing fee as specified in the Fee Schedule. The Department shall establish what supporting documentation shall accompany the application, including, but not limited to, State of California DPR 523 series forms or other HRI forms as may be approved by the State.
3. At the time of submission of an application for designation, the owner(s) or authorized representative of the owner(s) shall provide written consent for the designation process to the City.
4. The application shall indicate the parameters of the property proposed for inclusion, specifying any related structures or landscape that is to be included for consideration and an evaluation of the property’s conformance with the applicable criteria.
5. If designation is initiated by the HLC or the Council, the Department shall notify the owner(s) of the property by certified mail within 90 days of the initiation and request written consent from the owner. If the owner does not consent to the designation application, the designation procedure shall not proceed.
6. Applications for designation of a property proposed for inclusion on the HRI shall be agendized for review by the HLC within 60 days from the date the application is deemed complete.
C. Approval of Permits When Designation is Pending. Except as provided in Section 18.130.080 (Unsafe or Dangerous Conditions), no Building Permit, Demolition Permit, or other permit that would result in a major alteration of the property shall be issued for any property when a HRI designation application has been initiated with the Department as specified in Subsection B. (Initiation of Designation) until all hearings on the matter are concluded. Small projects may still be approved.
D. HLC Public Hearing.
1. The HLC shall conduct a public hearing on the application for designation in a timely manner.
2. Notice of the public hearing shall be provided in compliance with Chapter 18.146 (Public Notices and Hearings).
3. A staff report, including the supporting documentation as described in Subsection B. (Initiation of Designation) concerning the property proposed for inclusion shall be provided to the HLC. The report shall address the significance and integrity of the property proposed for inclusion as it relates to the designation criteria, provide other relevant information, and include a recommendation concerning the application and the basis therefor.
4. The HLC shall consider any evidence or input offered at the hearing. The HLC shall recommend to the Council approval, modification, or denial of the designation proposal.
E. Council Action. Following the HLC action, the Council shall take action on the request by resolution or other means determining whether the subject property is eligible for inclusion on the HRI.
F. Notice of Designation.
1. Following action by the Council, a copy of the findings shall be sent by first class mail to the owner(s) of the newly designated HRI property, and a notice of the designation, along with a legal description of the property, shall be recorded in the records of the County Recorder.
2. Failure to record with the County Recorder shall not invalidate a designation or any of the requirements of this Chapter.
G. Designation Repeal or Amendment.
1. Designation may be repealed or amended in the same manner and procedure as was followed in Subsection B. (Initiation of Designation) et seq. This action shall result from new information, the discovery of earlier misinformation or change of original circumstances, conditions, or factors that justified the designation.
2. If a repeal is approved by the Council, a notice shall be sent to the same persons and manner specified in Subsection F. (Notice of Designation).
