2004ORD O-26-04- Amending and restating chapter 15.40 of the Colton Municipal Code Regarding Historic Preservation

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2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Review by historic preservation officer. Any alteration or demolition to be conducted at a potential historic resource, potential historic district or nominated resource that had not been officially designated shall be reviewed by the historic preservation officer prior to commencing any such work to assist the owner in maintaining the significance of the resource and address issues of appropriateness and designation. B. Upon receipt of a request for alteration or demolition, the historic preservation officer shall convene an informal meeting of the preservation officer, building official and city engineer, or their designated representatives (the "Recommendation Committee"), to review the application determine whether it would qualify as a designated historic resource or part of designated historic district and make recommendations concerning appropriate measures to retain the resource or district's historic, architectural, cultural and aesthetic qualities if so qualified. In determining whether a resource or district qualifies for designation, the Recommendation Committee shall be guided by the requirements of this chapter and Title 14, Chapter 3, §15064.5 of the California Code of Regulations. The informal meeting shall be convened and the committee shall provide its recommendations within fourteen (14) days of the receipt of a request or the request shall be deemed approved. If the Recommendation Committee determines that that the resource or district does not qualify for designation as a historic resource and district, no further action may be taken and the applicant may proceed with their project. C. If the Recommendation Committee determines that the resource or district qualifies for designation and imposes conditions on the permit, the property owner will be requested to concur and agree in the recommendations. If the property owner agrees to the recommendations of the Recommendation Committee, they shall be made a condition of the request for alteration or demolition. The owner of the potential historic resource or potential historic district shall sign an affidavit agreeing to the conditions or refusing them. The affidavit and conditions of approval shall be posted outside city hall and the appeal period shall run from the date of posting. D. If the owner does not agree with the recommendations of the Recommendation Committee, the request shall be submitted to the historic preservation commission. The matter shall be submitted to the commission within thirty days from the date the owner signs the affidavit refusing the conditions of the Recommendation Committee. E. The commission shall consider the matter and the reasons why the owner refused the conditions at a hearing. The commission shall have the authority to extend the review to explore alternative solutions for making appropriate improvements for no longer than sixty (60) days and to explore demolition alternatives for no longer than one hundred eighty 180 days, unless the owner agrees to a longer period of time. F. After at least one hearing before the commission and in the event the proceedings before the commission have not progressed in a manner that is satisfactory to the owner, the owner may request a hearing before the city council for final resolution. The city council shall consider the matter within 45 days of the request by the owner. The final determination by the city council shall be advisory and the owner may proceed with the alteration or demolition. Section 15.40.120. Appeals. A. The procedure for the commission to appeal decisions of the historic preservation officer and/or the Recommendation Committee is as follows: RVPtJB\NGS\673308.1 - 13 -