§ 13.48.120. Procedure for designation of historic districts.

A.

Any geographically defined area can be nominated as a city historic district by the city council, the historic landmarks commission, the planning commission or by application of persons who own sixty percent of the land proposed to be included in the district or the authorized agents of such owners.

B.

Any such applications by the owners, or their authorized agents, shall be filed with the director of planning upon the prescribed forms and shall include the following data:

1.

Statement of the district's special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature;

2.

Drawings, photographs, or other descriptive material;

3.

Assessor's parcel map showing the properties to be included in the proposed district; and

4.

Other information requested by the director of planning.

The application shall be accompanied by a filing fee in the amount set forth in the schedule of fees adopted by the city council. This fee shall be in addition to other fees required by law. The application will not be accepted as complete by the director until all fees have been paid, and the environmental documentation required by CEQA and Title 21 of this Code has been completed.

C.

After the environmental documentation required by CEQA and Title 21 of this Code has been completed, the city council, by resolution, shall initiate the procedure for the designation of an historic district so nominated.

D.

Whenever proceedings for the designation of an historic district have been initiated or withdrawn, the city clerk shall transmit a copy of the record of initiation or withdrawal to the director of planning, director of neighborhood preservation, and director of public works for their information, and to the building official to be maintained in the roster of proposed and designated historical landmarks and historic districts.

E.

The director of planning shall refer the resolution of the initiation of the proposed historic district to the historic landmarks commission for report and recommendation to the planning commission, and to the planning commission for report and recommendation to the city council. The historic landmarks commission and the planning commission shall each hold a public hearing, notice of which shall be given by publication of a notice to appear once in a newspaper of general circulation in the City of San José of at least ten days prior to the date of said hearing, and by mailing the same, postage prepaid, to:(1) the owner of said property, as shown on the last equalized assessment roll adopted by the county of Santa Clara, or to the address shown for such purposes on the application if the proceedings were initiated by application of the owners; (2) the occupants of the property if other than the owners; and (3) the owners, as shown on the last equalized assessment roll adopted by the county of Santa Clara, of lots or parcels of land which (either in part or in their entirety) are situated within three hundred feet of such proposed historic district. Said notices shall contain:

1.

A statement of the boundaries of the proposed district;

2.

A notice of the time and place and purpose of the hearing;

3.

A reference to the application or other documents on file with the director of planning for particulars;

4.

A statement that any interested person may appear in person or by agent and be heard.

F.

The historic landmarks commission shall transmit its report and recommendation to the planning commission within thirty days of the close of the public hearing, in any event, no later than one hundred twenty days from city council initiation.

G.

After such public hearings, the historic landmarks commission and the planning commission shall recommend approval, disapproval, or modified approval of the proposed designation. In recommending approval or modified approval, the historic landmarks commission and the planning commission may recommend that such designation be subject to such conditions as they deem reasonably necessary to secure the purposes of this chapter. The recommendations of both commissions for approval, disapproval or modified approval shall be advisory only and shall not be binding.

H.

In recommending approval or modified approval, the historic landmarks commission and the planning commission shall find that said proposed historic district is a geographically definable area of urban or rural character, possessing a significant concentration or continuity of site, buildings, structures or objects unified by past events or aesthetically by plan or physical development.

I.

The planning commission shall transmit its report and recommendation, together with any report and recommendation from the historic landmarks commission, to the city council within one hundred fifty days of the initiation; provided that no action shall be taken by the planning commission during the ninety-day review period of the historic landmarks commission unless it has received the report and the recommendation of the historic landmarks commission.

J.

The city council shall hold a public hearing on any proposed designation so transmitted, notice of which shall be given in the same manner as specified in subsection E. of this section. Failure of the planning commission to report its recommendation to the city council within the time prescribed in subsection I. of this section shall be deemed a recommendation for denial of said district, and at the expiration of such period the council may hold its public hearing despite the failure of the planning commission to submit said recommendation. The city council by written resolution may approve, modify and approve, or deny the proposed designation. The council may make such designation subject to such conditions as it deems reasonably necessary to secure the purposes of this chapter. The council shall not make any such designation unless, with respect thereto, it makes the findings specified in subsection H. of this section.

K.

When a district has been so designated by the city council, as provided above, the city clerk shall promptly notify the owners of the property included therein by mailing to them a certified copy of the resolution of the council in the manner prescribed for mailing notices in this section, or such other address as the owner may request at the time of the hearing. The city clerk shall transmit a certified copy of said resolution to the director of planning, director of neighborhood preservation, director of public works, and the building official.

L.

The property included in any such designation shall be subject to the provisions set forth in Part 3 of this chapter as well as any conditions set forth in the designation resolution.

(Ords. 20884, 21704, 23408.)