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of FUt�� <br />PLANNING COMMISSION MEMORANDUM <br />DATE: July 8, 2015 <br />TO: Chairman Silber and Members of the Planning Commission <br />FROM: Karen Haluza, Director of Community Development <br />SUBJECT: Consideration of a Request for Staff to Prepare a Resolution of <br />Intention to Amend Chapter 15.48 to Require Property Owner Consent <br />for Historical Landmark Designations <br />Background <br />At the June 24, 2015 Planning Commission meeting Commissioner Pendergraft made a motion <br />to agendize a request to have staff prepare a Resolution of Intention to amend the Fullerton <br />Municipal Code to require property owner consent in the case of historic landmarks listings. <br />This motion was approved by a vote of 6 to 1, with Chair Silber dissenting. <br />Fullerton Municipal Code Section 15.48 contains the standards and processes governing the <br />establishment of historical landmarks, landmark districts and residential preservation zones. <br />The section specifically addressed by the Planning Commission was the process for <br />establishing Historical Landmarks. Section 15.48.050 A. states that "The Landmarks <br />Commission [the Planning Commission acts as the Landmarks Commission], upon its own <br />initiative or upon request of any person or government agency, may approve a "Historical <br />Landmark" designation for any historic or cultural resource in the city." Under this provision <br />anyone, regardless of their ownership status to the property in question, may apply to have a <br />property or structure listed as a Historical Landmark. There is no requirement for property <br />owner consent, nor is there an objection provision beyond an appeal to the City Council. <br />Code Amendment Procedure <br />Fullerton Municipal Code (FMC) 15.72.020 sets forth a process whereby the Planning <br />Commission may initiate amendments to the code subject to the adoption of a Resolution of <br />Intention. <br />In order to begin the code amendment process the Planning Commission would, by a majority <br />vote, request that staff prepare a Resolution of Intention and state the reasons that would justify <br />the proposed code amendment. If so requested, staff would then prepare the Resolution and <br />return to the Planning Commission for subsequent consideration. <br />Upon approval of the Resolution of Intention recommending that the Code be amended, the <br />item would then go on to the City Council who would in turn consider a Resolution of Intention <br />directing staff to prepare the ordinance amendment. <br />