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 E. Design Guidelines. Following designation, the provisions of Colton's design guidelines shall also apply to historic resources and historic districts. Thereafter, any alteration, improvement, subdivision, lot split, demolition, or moving of any designated historic resource or designated historic district shall be subject to the review of the city in accordance with Section 15.40.100 of this chapter. The purpose of this review is to retain buildings and their features as well as features of the site, and streetscape and landscape features which are important in defining the historic character of the resource, district and/or its components. The design guidelines shall contain recommendations for making exterior changes to designated and potential historic resources and districts. Section 15.40.090 Amendment or rescission of designation of historic resources and historic districts. A. The amendment or rescission of any designated historic resource or historic district shall be in the following manner: 1. The applicant must submit to the commission a request in writing for the amendment or rescission of the designation of a historic resource. For the amendment or rescission of the designation of a historic district, ten percent (10%) of the property owners in that district must submit to the commission a request in writing for such amendment or rescission. The commission or city council may also initiate such proceedings on their own motion. 2. Requests for amendment or rescission of a designated historic resource or historic district must present facts which clearly demonstrate to the satisfaction of the commission any of the following: (a) The designated historic resource or district has lost all historical and/or cultural significance due to catastrophe or extensive lawful alterations performed after the resource or district was initially surveyed. (b) The information relied on by the commission and the city council in making the original designation was erroneous or false, or that circumstances wholly beyond the owner's control have rendered the resource or district ineligible for historic designation based on the criteria listed in subsection "C" ("Criteria for Designation") of Section 15.040.080 of this chapter and it would be infeasible to restore the resource or district. (c) Failure to approve the requested amendment or rescission would cause immediate and substantial hardship to the property owner(s) which was not reasonably foreseeable at the time the resource or district was designated. 3. The commission shall schedule a public hearing as soon as feasible, but not less than twenty-one (21) days after the receipt of the request for amendment or rescission. All notice requirements for the public hearing shall follow the same manner and procedures that were followed in the original designation of the resource or district. 4. At the conclusion of the public hearing for the requested amendment or rescission, the commission shall recommend to the city council in writing, in no event more than thirty (30) days from the close of the public hearing, approval, in whole or in part, or disapproval, in whole or in part, of the requested amendment or rescission, stating the findings of fact and the reasons for its recommendation based on the written request for amendment or rescission, the environmental review and the information obtained at the public hearing. 5. Following the receipt of the commission's recommendation, the city council shall, within forty-five (45) days, consider at a noticed public hearing the requested amendment or rescission, along with the commission's recommendation. RVPUB\NGS\673308.1 - 9 -