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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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22.22.055 Procedure for Resolution <strong>of</strong> Designation <strong>of</strong> a Landmark by <strong>City</strong> Council.<br />

A. PROCEDURE FOR ADOPTION OF RESOLUTION OF DESIGNATION. Upon receipt <strong>of</strong> a resolution<br />

<strong>of</strong> recommendation for designation from the Historic Landmarks Commission or an appeal <strong>of</strong> a denial in accordance<br />

with the requirements <strong>of</strong> Section 22.22.170, and after completion <strong>of</strong> a public hearing in accordance with the following<br />

procedures, the <strong>City</strong> Council may designate any structure, natural feature, site or area as a Landmark by adopting a<br />

resolution <strong>of</strong> designation as follows:<br />

1. At its next regular <strong>City</strong> Council meeting for which an agenda has not been finalized, the <strong>City</strong> Council<br />

shall set a date for a public hearing thereon to consider the Commission's resolution <strong>of</strong> recommendation or an appeal<br />

<strong>of</strong> a resolution <strong>of</strong> denial.<br />

2. Notice <strong>of</strong> the time, place and purpose <strong>of</strong> the hearing shall be given at least ten (10) days prior to the date<br />

<strong>of</strong> the hearing by publication at least once in a newspaper <strong>of</strong> general circulation within the <strong>City</strong> and by first class mail<br />

to any applicant, the owner or owners <strong>of</strong> the property, and to abutting property owner(s) as such ownership is listed<br />

on the last equalized assessment roll for <strong>Santa</strong> <strong>Barbara</strong> County.<br />

3. A public hearing on the recommendation for designation shall be held on the date designated, at which<br />

hearing any interested party shall be provided a reasonable opportunity to be heard.<br />

4. Upon the <strong>City</strong> Council's adoption <strong>of</strong> a resolution <strong>of</strong> designation as a Landmark, the <strong>City</strong> Clerk shall<br />

cause such resolution <strong>of</strong> designation to be recorded against the property in the Office <strong>of</strong> the Recorder <strong>of</strong> the County <strong>of</strong><br />

<strong>Santa</strong> <strong>Barbara</strong> within sixty (60) days <strong>of</strong> the <strong>City</strong> Council's adoption <strong>of</strong> the resolution <strong>of</strong> designation.<br />

B. FAILURE TO ADOPT WITHIN NINETY (90) DAYS. If the <strong>City</strong> Council does not act to adopt a<br />

resolution <strong>of</strong> designation within ninety (90) days after a resolution <strong>of</strong> recommendation <strong>of</strong> designation from the<br />

Historic Landmarks Commission is received by the <strong>City</strong> Clerk, designation <strong>of</strong> the property as a landmark shall be<br />

deemed to be denied. (Ord. 5333, 2004; Ord. 4848, 1994.)<br />

22.22.070 Repair and Maintenance <strong>of</strong> Landmarks and Structures <strong>of</strong> Merit.<br />

A. PRESERVATION OF LANDMARKS AND STRUCTURES OF MERIT. Every Landmark and<br />

Structure <strong>of</strong> Merit shall be maintained in good repair by the owner there<strong>of</strong>, or such other person or persons who may<br />

have the legal custody and control there<strong>of</strong>, in order to preserve it against decay and deterioration. Nothing in this<br />

chapter shall be construed so as to prohibit ordinary and necessary maintenance and repair <strong>of</strong> a Landmark provided<br />

that whenever such repair or maintenance would result in an alteration to the exterior <strong>of</strong> the structure or whenever it<br />

would require the issuance <strong>of</strong> a <strong>City</strong> building permit, the issuance <strong>of</strong> such a permit shall be reviewed by the<br />

Commission and, if necessary, conditioned in accordance with the requirements <strong>of</strong> this Chapter, provided that such<br />

review shall be consistent with the Landmark alteration review authority granted by Section 817(c) <strong>of</strong> the <strong>City</strong><br />

Charter and Section 22.22.080 here<strong>of</strong>. Every Landmark or Structure <strong>of</strong> Merit is hereby determined to be eligible for<br />

application <strong>of</strong> alternative standards for historical structures as provided in the California Building <strong>Code</strong> as adopted<br />

and amended by the <strong>City</strong>.<br />

B. RECONSTRUCTION OF HISTORIC RESOURCES WITHIN THE CONEJO SLIDE AREA.<br />

Designated <strong>City</strong> Historic Resources located within the Slide Mass C Area may be reconstructed in accordance with<br />

the latest edition <strong>of</strong> the Historical Building <strong>Code</strong> as adopted by the State <strong>of</strong> California, as amended by the <strong>City</strong> <strong>of</strong><br />

<strong>Santa</strong> <strong>Barbara</strong>, provided that such reconstruction is accomplished as follows:<br />

1. in a manner which follows the Secretary <strong>of</strong> Interior’s Standards for the Treatment <strong>of</strong> Historic Properties<br />

with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995); and<br />

2. in a manner consistent with appropriate historic design review where design approval is obtained from<br />

the <strong>City</strong>’s Historic Landmarks Commission as required by <strong>Santa</strong> <strong>Barbara</strong> <strong>Municipal</strong> <strong>Code</strong> Sections 22.22.080 and<br />

22.22.090; and<br />

3. the structure constituting the Historic Resource is never expanded in size except for a one-time<br />

expansion not to exceed one hundred and fifty (150) net square feet provided that such expansion is first reviewed<br />

and approved by the <strong>City</strong> Historic Landmarks Commission.. (Ord. 5522, 2010; Ord. 5451, Section 5, 2008; Ord.<br />

5333, 2004; Ord. 3900 §1, 1977.)<br />

22.22.080 Demolition, Relocation, or Alteration <strong>of</strong> a Landmark.<br />

A. ALTERATIONS TO A CITY LANDMARK – REQUIRED FINDINGS. No <strong>City</strong> Landmark shall be<br />

altered on the exterior, relocated, or demolished, except where the Historic Landmarks Commission has determined<br />

that one or more <strong>of</strong> the following findings are applicable to the proposed alteration, relocation, or demolition:<br />

1. The exterior alterations are being made primarily for the purposes <strong>of</strong> restoring the Landmark to its<br />

original appearance or in order to substantially aid in the preservation or enhancement <strong>of</strong> the Landmark.<br />

2. The relocation <strong>of</strong> the Landmark will substantially aid its long-term preservation or enhancement.<br />

3. The landmark has been damaged by an earthquake, fire, or other similar natural casualty such that its<br />

repair or restoration is not reasonably practical or feasible and specific measures have been imposed as pre-conditions<br />

on the demolition, which measures mitigate the loss <strong>of</strong> the Landmark to a less than significant level or which<br />

measures are deemed sufficient to warrant a finding <strong>of</strong> overriding considerations pursuant to the CEQA.<br />

398-1 rev. 6/30/10

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