21.06.100 Historic preservation modifying district – Application, requirements and procedures.
A. Application and Submission Requirements. A separate application, on a form prescribed by the City’s HPP, for a historic preservation (HP) modifying district shall be required to permit special regulations to designated HPDs and may be filed:
1. Concurrent with an HPD application; or
2. Subsequent to formation of an HPD, through an application with notarized signatures of 75 percent of property owners within the designated HPD or initiated by the City.
B. Procedures for HP Modifying District Consideration.
1. The application review shall follow the City’s Development Services Department review process for discretionary permits.
2. Upon determination of completeness, the Zoning Administrator shall prepare, in the form of a staff report, a brief discussion of the proposed HP modifying district as presented in the submitted documentation and shall include recommendations to the HPC and Planning Commission to recommend to the Council to either approve or not approve the HP modifying district under the findings of fact set forth in CVMC 21.06.110.
3. The Zoning Administrator shall schedule the application for consideration by the HPC, Planning Commission, and Council and give notice thereof to the applicant and to other interested persons. A public hearing shall be required to review the evidence as presented in order to determine if the proposed HP modifying district meets the findings of fact pursuant to CVMC 21.06.110.
C. Denial or Delay of Decision.
1. The City shall have the authority to delay consideration of a historic preservation modifying district for up to 90 days as part of a request of the applicant for additional information on the subject historic preservation modifying district. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC 19.14.700.
2. If an application is closed pursuant to subsection (C)(1) of this section, or a historic preservation modifying district request is denied as a result of the historic preservation modifying district not meeting the findings of fact set forth in CVMC 21.06.110, the City shall provide a written explanation for the denial within 10 business days of the decision.
3. Applicants may, under a new application and required fees, submit for reconsideration of any historic preservation modifying district, which has previously been denied, if new information is presented to support the request. (Ord. 3196 § 3, 2011).