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

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2 3 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 (1) Any two members of the historic preservation commission may, within five calendar days after the mailing of any notice of decision, appeal such decision. The appeal must be in writing and shall be delivered to the office of the historic preservation officer and/or city clerk. (2) Upon receipt of an appeal, the action of the preservation officer and/or Recommendation Committee shall forthwith be void and of no force or effect. Thereafter, the powers and duties of the preservation officer and/or Recommendation Committee shall be exercised by the historic preservation commission. B. In addition to an appeal from the commission, any person not satisfied with a determination by the historic preservation officer and/or Recommendation Committee may appeal to the commission. Such appeal shall be made in writing and delivered to the office of the city clerk within ten (10) days of the decision of the preservation officer and/or the posting of the decision of the Recommendation Commission pursuant to Section 15.40.110. No permit shall be issued until the outcome of the appeal is determined by the commission. C. The commission shall hold a public hearing on all matters appealed after notice is given in the same manner as Section 15.40.080(D). At the conclusion of the public hearing on the appeal, the commission shall render a decision in writing, in no event more than thirty (30) days from the close of the public hearing. The commission shall consider the appeal and render an approval, in whole or in part, or disapproval, in whole or in part, of the requested appeal, stating the findings of fact and the reasons for its recommendation based on the written request, the environmental review and the information obtained at the public hearing. The decision of the commission shall be final unless appealed to the city council within ten (10) days of the decision. D. Any person not satisfied with a determination by the historic preservation commission may appeal to the commission. Such appeal shall be made in writing and delivered to the office of the city clerk within ten (10) days of the decision of the commission. No permit shall be issued until the outcome of the appeal is determined by the city council. The city council shall hold a public hearing on all matters appealed after notice is given in the same manner as Section 15.40.080(D). At the conclusion of the public hearing on the appeal, the city council shall render a decision in writing, in no event more than thirty (30) days from the close of the public hearing. The city council shall consider the appeal and render an approval, in whole or in part, or disapproval, in whole or in part, of the requested appeal, stating the findings of fact and the reasons for its recommendation based on the written request, the environmental review and the information obtained at the public hearing. The city council's decision on the appeal shall be the City's final action on the matter. Section 15.40.130 Compliance with California Environmental Quality Act. In conjunction with any public hearing or discretionary action required pursuant to this chapter, the preservation officer, commission and/or city council shall cause to be conducted an environmental review of the requested action in accordance with the California Environmental Quality Act ("CEQA"). Depending on the nature and scope of the requested action, a negative declaration, mitigated negative declaration, or environmental impact report may need to be prepared. Such environmental documents shall be prepared based on CEQA, the State CEQA Guidelines, and the City of Colton Local CEQA Guidelines. Section 15.40.140 Historic Building Code. RV11UB\NGS\673308.1 - 14-