Chapter 20.54 — REGULATIONS FOR HISTORIC RESOURCES ZONING DISTRICTS OR "HR" DISTRICTS

The purpose of this chapter is to provide incentives and regulation for the protection, preservation, enhancement, and perpetuation of those structures and areas of historic, architectural and engineering significance which contribute to the historic heritage of Monterey County and to encourage conservation of the County's important representative and unique archaeological sites and features.

A.

The provisions of this chapter shall apply in all districts with which the Historic Resources District is combined, in addition to the regulations specified for that district. However, if any of the provisions specified in this chapter differ from the regulations of the district which is combined with an "HR" District, then the provisions of this chapter shall apply.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Title and Chapters 18.25 and 18.26 of this Code shall also govern the construction, meaning, and application of words and phrases used in this chapter.

A.

"Alteration" means any exterior change or exterior modification of any historic resource. Alteration includes, but is not limited to:

1.

Exterior structural change or modification of a site, fence or structure;

2.

Change or modification of the exterior architectural features of a site, fence or structure including surface texture, and materials;

3.

Change or modification of a site including grading, paving, cutting or removal of trees, removal or modification of significant vegetation or other natural features;

4.

New structures or fences;

Demolition of structures or fences;

6.

Placement or removal of exterior objects or features such as signs, plaques, light fixtures, street furniture, walls, fences, and steps; and,

7.

Disturbance of any archaeological site.

Alteration does not include painting or repainting, ordinary maintenance and repair of structures, landscaping or repair and maintenance of other existing physical improvements.

B.

Cultural means related to the origins or history of mankind in Monterey County.

C.

Designated site means that portion of a parcel on which a significant historic resource is or has been situated and has been listed on the National Register of Historic Places, the State Historic Landmark Register, or the county register of historic sites.

D.

Historic resource means any structure, object, fence, site or portion of a site which has a significant historic, archaeological, architectural, engineering or cultural value.

E.

Integrity means soundness or completeness.

F.

Minor alteration means any of the following alterations: placement, removal, exterior structural change or modification of a fence, sign, plaque, light fixture, street furniture, steps, platforms, walks, driveway, temporary motion picture, television and theater stage steps and scenery.

G.

Object means an item of significant historic value that can be seen or touched, such as an artifact, monument, or work of art.

H.

Preservation means use of long-term or permanent safeguards to guarantee the viability of man-made resources.

I.

Ordinary maintenance and repair means any work for which a building permit is not required by law where the purpose and effect of such work is to prevent or correct any deterioration of or damage to a structure or any part thereof and to restore the structure or part thereof to its condition prior to the occurrence of such deterioration or damage.

J.

Significant means having historic, architectural, or engineering value.

20.54.040 - Referral to the historic resources review board.

A.

Upon receipt of any application, except those involving archaeologic resources, pursuant to Section 20.54.080, a copy of all application materials shall be transmitted to the Secretary of Historic Resources Review Board requesting the review and recommendation of the Historic Resources Review Board.

B.

The Appropriate Authority shall provide sufficient time, but not less than thirty (30) days from the date of transmittal, to the Historic Resources Review Board for the review of and recommendation on such applications.

20.54.050 - Appropriate authority.

A.

The Appropriate Authority to consider and decide a Coastal Development Permit required pursuant to Section 20.54.080(A) is the Planning Commission unless such Coastal Development Permit is being considered in conjunction with another discretionary permit required by this Title. In that case, the Appropriate Authority to consider the discretionary permit shall also consider the Coastal Development Permit required by Section 20.54.080(A); or

B.

1.

The Director of Planning and Building Inspection may approve plans and submittals for minor alterations and minor modifications to previously approved projects.

2.

The standard and criteria of review for the Director of Planning and Building Inspection shall be the same standards and criteria as that of the Planning Commission.

3.

The Director of Planning and Building Inspection may refer, at the Director's discretion, such plans and submittals to the Planning Commission for consideration and action.

4.

Appeals to the Director's decisions may be taken to the Board of Supervisors pursuant to Chapter 20.86 of this Title.

C.

No alterations in the "HR" district which require a Coastal Development Permit, Variance or similar public hearing process, may be considered by the Director of Planning and Building Inspection.

20.54.060 - Action by the appropriate authority.

A.

The Appropriate Authority shall consider the recommendations of the Historic Resources Review Board, the feasibility of any recommended mitigation measures or alternatives, and consistency with the purpose of this chapter.

B.

The Appropriate Authority shall require such conditions of the proposed alteration as it may deem necessary to assure compliance with Section 20.54.010 of this chapter.

C.

In considering the application, the Appropriate Authority's decisions shall achieve the stated purpose of this chapter, but shall not deprive the applicant of the uses allowed in the respective district with which the "HR" District is combined; nor will the Appropriate Authority require such mitigation measures or conditions which will render the applicant's project infeasible, or require the applicant to preserve or maintain the resource without viable use or economic return.

D.

The Appropriate Authority shall support any such tax incentive, mutual covenants, protective covenants, purchase options, preservation easements, building, fire, health and County code modifications and any other methods deemed mutually agreeable between County and landowner which will help to preserve historic resources.

E.

In order for the Appropriate Authority to approve or conditionally approve any application, the following finding shall be made:

1.

With regard to a designated resource, the proposed work is found to be consistent with the purposes of this chapter and will neither adversely affect the significant architectural features of the designated resource

not adversely affect the character of historical, architectural, or aesthetic interest or value of the designated resource and its site.

2.

With regard to any property located within an historic district, the proposed work is found to be consistent with the purposes of this chapter and conforms to the prescriptive standards and design guidelines of the district adopted by the Board of Supervisors and does not adversely affect the character of the district.

3.

In the case of construction of a new improvement, addition, building, or structure upon a designated historic resource site, the use and exterior of such improvements will neither adversely affect not be incompatible with the use and exterior of existing buildings, natural features, and structures on such site.

4.

The action proposed is necessary to correct an unsafe or dangerous condition on the property and such unsafe or dangerous condition has not been ordered to be corrected pursuant to Section 18.25.160 of this Code; or,

5.

Denial of the application will result in immediate and substantial financial hardship as established pursuant to Section 18.25.175 of this Code.

Appeals to any action taken by an Appropriate Authority pursuant to this chapter may be appealed to the Board of Supervisors pursuant to Chapter 20.86 of this Title.

20.54.080 - Regulations.

A.

Except as otherwise provided, no alteration may be allowed on any area in an "HR" district without the approval of a Coastal Development Permit pursuant to the provisions of Chapter 20.70 of this Title.

B.

Minor alterations and minor modifications to previously approved projects that do not harm the

archaeological or historical resource may be approved without a Coastal Development Permit pursuant to Section 20.54.050B, if a Coastal Development Permit or amendment is not otherwise required pursuant to Chapters 20.70 or 20.76.

C.

Existing designated structures shall not be subject to the height and setback provisions of the district with which the "HR" district is combined.

D.

New construction on designated sites shall be subject to the height and setback provisions of the district with which the "HR" district is combined.

E.

Development proposed on parcels with an identified historic resource shall be designed and located so as to avoid significant adverse impacts on the historic resource.

F.

Feasible mitigation measures recommended by the Historic Resources Review Board or contained in any required historic or archaeologic survey report prepared for the project shall be made conditions of approval.

G.

As a condition of approval of an application for demolition or alteration of an identified historic resource, rezoning to add an "HR" combining district or to modify an existing "HR" zoning district, shall be required to place only the designated site within the "HR" District.

H.

Notwithstanding the provisions of the California Government Code, Section 65091(A)(3), no property shall be placed in the "HR" District without notice to the property owner in accordance with Section 20.84.040(A) (1) of this Title.

I.

As a condition of approval of an application for demolition or alteration of an identified historic resource, the historic resource shall be placed in an historic easement. The easement shall be adequate to protect the resource.

A.

There shall be no fee for a Coastal Development Permit required pursuant to Section 20.54.080A.

B.

There shall be no fee for referral to the Historic Resources Review Board.

Development or alteration in areas of low, moderate or high archaeologic sensitivity shall be considered pursuant to Section 20.66.050 of this Title without referral to the Historic Resources Review Board.

Chapter 20.56 - REGULATIONS FOR IMPROVEMENT ZONING DISTRICTS OR "Z" DISTRICTS

The purpose of this chapter is to provide a zoning district to establish regulation and locations in those developing areas of the County of Monterey where the provision of curbs, gutters, sidewalks and associated road improvements are a necessary and integral part of development.

The regulations set forth in this chapter shall apply in all districts which are combined with "Z" districts, in addition to the regulations of the combined districts. However, if any of the regulations specified in this chapter differ from any of the corresponding regulations specified in this Title for any district which is combined a "Z" district, then the provisions of this chapter shall apply.

The following regulation shall apply, but may be modified, subject to first securing a Coastal Development Permit in each case.

Except for building permits to remodel, where the declared value is less than twice the assessed value of the structure as shown on the latest adopted assessment roll, no building permit shall be issued, nor any use conducted, until the following improvements are made by the property owner or developer:

A.

If the property has frontage on a County road, grant to the County by deed any portion of the property within Official Plan Lines. If there are no Official Plan Lines, a grant shall be made to the County by deed of property thirty (30) feet in width measured from the centerline of the roadway and running the entire frontage of the parcel being used.

B.

Install, or enter into an agreement to install, sidewalk, curb, and gutter and extend existing pavement to join the gutter as required by the Director of Public Works.