Humboldt County Municipal Code § 19.1.1 Findings to Establish D Zone Regulations

It is the purpose of the Design Control Combining Zone to be combined with any principal zone to provide controls and safeguards to preserve and enhance areas of historical, scenic, civic or cultural values of the County. The D Zone is also combined with principal zones to preserve and enhance architectural and recreational aspects of designated areas of the County. Such appearance and design of buildings, sites, structures and signs should form a substantial contribution to the desirability of the zone for uses permitted therein. (Former Section INL#315-5)

The following criteria shall be used in establishing D Zone

regulations. To qualify as a D Zone, the areas within the County should meet one (1) or more of the following categories: (Former Section INL#315-5(a))

economy of the County, the preservation of which would enhance the tourism industry. (Former Section INL#315-5(a)(1))

(Former Section

INL#315-5(a)(3))

The member of the Board of Supervisors in whose district a D Zone is established

may select any person(s) or organization who, in the opinion of the Board member, is qualified to act as the reviewing Authority of a D Zone. Such person(s) or organization must be devoid of any and all financial interest in the application under consideration. The representatives of any D Zone shall not exceed five (5) persons. Local representation (i.e., property owners and residents within the D Zone) shall be given first priority to serve on the Reviewing Authority. In the absence of any Board member’s approved representatives, the Director shall be the Reviewing Authority. (Former Section INL#315-5(b); Amended by Ord. 1443, Sec. 1, 1/13/81)

In order that buildings, sites structures, signs, landscaping, etc., will be in

keeping with the findings stipulated in subsection 314-19.1.1, the Reviewing Authority shall take the following items under consideration in approving plans within a D Zone: (Former Section INL#315-5(c)(1-9))

and preservation of trees and natural ground cover.

point, as measured from exterior wall to exterior wall, to be compatible with existing residences. (Former Section INL#315-5(d)(1)(a); Ord. 1913, Sec. 1, 10/30/90)

Zone IV. All structures that require a building permit, including but not limited to manufactured homes, shall be attached to continuous perimeter foundations meeting the seismic zone IV standards. Engineered pole structures where a continuous perimeter foundation is not feasible due to the slopes or site conditions shall be exempt from this provision. (Former Section INL#315-5(d)(1)(b); Ord. 1913, Sec. 1, 10/30/90)

on all residences. This overhang is to be an integral part of the structure. Gable ends may be excluded when approved as part of the design review process. (Former Section INL#315-5(d)(1)(c); Ord. 1913, Sec. 1, 10/30/90)

The exterior finish of any metal material must have a manufacturer’s warranty certifying a minimum life of fifteen (15) years. Flammable roofing material such as wood shakes or shingles are not recommended. (Former Section INL#315-5(d)(1)(d); Ord. 1913, Sec. 1, 10/30/90)

accordance with subsection 314-19.1.3 to the Planning Division. The application shall be accompanied by a fee in the amount as established by Ordinance or Resolution of the Board of Supervisors. (Former Section INL#315-5(e))

Denials of

any project by the Authority shall be referred to the Planning Commission for action. (Former Section INL#315-5(e))

application shall be referred to the Planning Commission for decision. The decision of the Planning Commission may be appealed to the Board of Supervisors as provided for in this section. (Former Section INL#315-5(e); Amended by Ord. 1280, Sec. 2, 10/10/78)

In no event shall building permits be issued in a D Zone until such plans have

been approved or conditionally approved by the Reviewing Authority, Planning Commission, or Board of Supervisors. Designated local authorities shall notify the Director on action taken on projects. The Director shall take appropriate action to release building permits or refer to the Planning Commission. (Former Section INL#315-5(f))

No historical buildings as officially

designated by the Board of Supervisors or their authorized County representatives in any D Zone shall be demolished, altered, improved, or otherwise changed in exterior appearance except as hereinafter provided: (Former Section INL#315-5(g))

fire), the owner thereof may repair such building if he secures a permit from the Reviewing Authority. (Former Section INL#315-5(g)(1))

approval from the Reviewing Authority prior to construction. (Former Section INL#315-5(g)(2))

of intention to the Board sixty (60) days in advance of any work on the project. Within the sixty (60) day period the Board shall determine whether Federal, State or local agencies or organizations can acquire the building and site or make other suitable arrangements with the owner. (Former Section INL#315-5(g)(3))

Designated Reviewing Authorities shall prepare an annual report to the County Planning

Commission indicating the number of applications acted upon and a general description of the projects. The annual report should be submitted to the Director during the month of January. (Former Section INL#315-5(h); Ord. 1058, Sec. 1, 12/16/75; Amended Ord. 1913, Sec. 1, 10/30/90)

ordinance or resolution of the Board of Supervisors.

The Board of Supervisors

may select any person(s) or organization who, in the opinion of the Board, is qualified to serve on the committee. Such person(s) must be devoid of any and all financial interest in the development application under consideration. The representatives of the Design Review Committee(s) shall not exceed five (5) persons. In the absence of any Board of Supervisors’ approved representatives, the Director shall be the reviewing authority.

following members: Five members, who shall be appointed by the Board of Supervisors. These members shall have demonstrated experience in historic preservation or cultural resource land use issues or other qualifications satisfactory to the Board. The terms of the appointed members shall begin upon Board approval and shall be for five (5) years and may be renewed.

a contributing historic structure in the Scotia General Plan Amendment Environmental Impact Report.

which if exceeded, may be treated as no comment on a project.

discretionary projects or to the Planning Director for ministerial projects involving contributing historical structures for approval of or conditional approval of projects under review. These recommendations may include restrictions on the use of such property or requirements to retain historical characteristics. These recommendations shall be based on the application of the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local-law/ arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Scotia Design Guidelines (Exhibit D).

physical features, sites, and areas which are worthy of preservation.

Design Guidelines and for compatibility with existing contributing historic structures.

achieving preservation of worthy structures, other physical features, sites, and areas, including exploring means of financing the restoration or maintenance thereof.

the Planning Commission, Board of Supervisors, other public and private agencies and bodies, and the general public.

Review Committee, the Director will require a preliminary assessment report (Historic Assessment Study). This report shall be based on a visual examination of the property and historic research conducted by a professional historic resource consultant who then prepares a written report that contains their findings and recommendations. The report will also describe any further actions that might be needed to avoid or lessen development related impacts to any historical resources encountered.

minimum, contain:

such as Humboldt County Historical Society, Humboldt State University Library, Humboldt County Library, etc.

rationale for surface coverage and a brief discussion of any historic resources encountered. This treatment should be patterned after the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local-law/arch_stnds_0.htm;

in a scale sufficient to show the intensity and coverage of the field inventory as well as the location of any resources encountered;

or not they qualify as historical resources.

development related impacts to any historical resources encountered on the parcel(s);

reports and publications in historic resources). Qualification requirements used shall be the requirements used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61.

Applicants shall avoid impacts to historical resources where

feasible. When this is not feasible, mitigation measures shall be incorporated into the project to lessen the impact of the project on these resources. Mitigation shall be in accordance with the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local-law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, the Scotia Design Guidelines and Appendix K of the State CEQA Guidelines.

The recommendations of the Historic Assessment Report will serve as a

substitute for recommendations from the Scotia Design Review Committee and will be used to address historic resource impacts in discretionary permit decisions and for CEQA compliance.

following findings, following notice and hearings to the extent required under existing regulations.

available County accommodations and incentives (including without limitation transferable development rights, zoning ordinance modifications, alternative building code standards or provisions, loans, grants, reimbursements and tax reductions) either:

current planning code (except as a nonconforming use) and adaptive reuse is not economically feasible;

comparison to the public benefit from denying demolition; or

Health and

Safety Code Sections 17900 et seq.) or other applicable state or federal law.

applicable law or this chapter including without limitation the following:

required for any subsequent development of the property;

prospective buyer for the property, to identify a third party interested in relocating the affected structure or to allow the County to determine whether to begin eminent domain procedures, and for up to an additional 90 days to allow completion of the purchase or relocation or commencement of a judicial condemnation acting, if, within the initial 90 days a buyer or third party is identified of the County determines to begin eminent domain procedures. In the case of purchase or relocation by a third party, demolition may be denied where a third party is willing and able to purchase the property or relocate the structure within the time established by this subdivision is identified and makes a bona fide offer to purchase the property or structure at fair market value, as determined by appraisal.

shall take into account the importance of an affected structure to the integrity of other existing historic resources, and may: limit the size of new development to that of the existing structure; require that the scale of new development be harmonious with other structures which contribute to historic character; require retention or reconstruction of one (1) or more facades; and/or require that any replacement structure be of like kind or quality to the demolished structure and contribute to the integrity of the existing historic structure.

the County pursuant to this chapter. The Scotia Design Review Committee shall follow the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local-law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Scotia Design Guidelines (Exhibit D) for alterations and review of alteration applications, applicable specifically to designated properties. Except to the extent such guidelines provide differently, a proposed alteration shall be considered in light of its effect on the existing character of the affected structure as it relates to the streetscape. (Ord. 2422, § 1, 11/10/2009) 314-20 “E” Combining Zone Designations (Section Reserved for Future Use) 314-21 “F” Combining Zone Designations