§ 9-10.05. Designation of Modesto Landmark Preservation Sites.

(a)

The Commission shall conduct a continuing survey of properties and shall provide procedures for citizens to nominate properties for consideration as Modesto Landmark Preservation Sites. The Commission shall conduct research and documentation of properties which it has reason to believe are significant to the community.

(b)

The Commission shall recommend sites to the City Council for designation as Modesto Landmark Preservation Sites. In order to be recommended for designation, the Commission must determine that the site being considered possesses historic, architectural, cultural, archaeological or engineering significance as defined above. Furthermore, in making its recommendation, the Commission shall consider the following conditions:

(1)

That the location and setting is compatible with future preservation and use;

(2)

That the physical condition is such that preservation, maintenance or adaptive use is economically feasible;

(3)

That the distinguishing characteristics of significance are for the most part original and intact or capable of restoration; and

(4)

That the existing or proposed use is compatible with the preservation and maintenance of the site.

(c)

The eligibility of a site for designation as a Modesto Landmark Preservation Site shall be determined by the Modesto Landmark Preservation Commission in a public hearing. The Modesto Landmark Preservation Commission shall adopt a resolution of recommendation for each site or for a district. Notice of the public hearing shall be made in the same manner as specified in Title 10, Chapter 9, Section 201, and the public hearing shall be conducted in the same manner as specified in Title 10, Chapter 9, Section 202.

(d)

The Commission shall forward its recommendations, together with its findings of significance and eligibility, to the City Council.

The City Council, upon recommendation of the Commission, may, by resolution, designate a Modesto Landmark Preservation Site, and an appropriate presentation and/or identifying plaque may be provided for. Prior to such designation, the City Council shall hold a public hearing pursuant to the same notice provisions as required for the Landmark Preservation Commission meeting in accordance with the Modesto Municipal Code.

(e)

The Modesto Landmark Preservation Sites shall be recorded as follows:

(1)

The office of the City Clerk shall record with the Stanislaus County Recorder the legal description of all buildings, lands, sites or areas designated as Modesto Landmark Preservation Sites by the Council, and shall send a copy to the Chief Building Official. In addition, the same may be made available to the public in form and fashion as the Commission or City Council deems appropriate.

(2)

Modesto Landmark Preservation Records.

(i)

The Commission shall keep current and public a list of all properties designated as Modesto Landmark Preservation Sites, or included in the State or National Register of Historic Places, or included in a historic resource survey and make the same available to the public in form and fashion as the Commission or City Council deems appropriate.

(ii)

The Commission will provide the Chief Building Official and the Community & Economic Development Director with current lists and maps showing Modesto Landmark Preservation Sites, Districts, and historic resources for their use in referring applications to the Commission.

(Added by Ord. 3691-C.S., § 1, effective 3-7-19)