Napa County Municipal Code Ch. 15.52 Landmark Preservation

Footnotes:

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Editor's note— Ord. No. 1364, § 1, adopted Oct. 18, 2011, amended Ch. 15.52 in its entirety to read as herein set out. Former Ch. 15.52, §§ 15.52.010—15.52.060, pertained to the same subject matter, and derived from Ord. No. 880; prior code §§ 11350—11355 and Ord. No. 953, § 2 (part), adopted in 1990.

A. It is the intent and purpose of the board, by this chapter, to:

1. Preserve the county's historic and cultural heritage, as embodied and reflected in its historic resources;

2. Stabilize and improve property values and the local economy through the appropriate rehabilitation and reuse of historic structures;

3. Foster civic pride and increase the collective understanding of Napa's agricultural heritage and accomplishments of the past;

4. Protect and enhance the county's attractions to residents and visitors, and serve as a support and stimulus to business;

5. Protect the county's important assets and strengthen its overall economy; and

6. Promote the use of historic resources for the education, pleasure and welfare of the people of the county.

B. Toward the preceding goals, the county will promote citizen participation by:

1. Providing specific criteria for property owners who wish to designate their historic resources as Napa County Landmarks, thus making them eligible to apply for local, state and federal preservation incentives; and

2. Seeking funding, in kind donations, and volunteer efforts necessary to develop and maintain a comprehensive inventory of potentially eligible resources so that the State Historic Building Code may be utilized when applicable during rehabilitation, reconstruction or restoration activities.

(Ord. 1364, § 1, 10-18-2011)

Unless the context clearly requires otherwise, the definitions in this section shall govern the provisions of this Chapter 15.52.

"California Register" shall mean the California Register of Historic Resources established by California Public Resources Code Section 5024.1 as such may be amended from time to time.

"Designated Landmark" shall mean a Historical Resource that is designated by the Planning Commission pursuant to subsection (A) of Section 15.52.030 or that is formally listed on the National or California Registers pursuant to subsection (E) of Section 15.52.030.

"Historical Resource" shall mean a building, structure, site, or landscape that is eligible for designation as a Napa County Landmark, or that has been determined eligible for listing on the California Register or the National Register.

"Landmarks of Special Significance" shall mean those Historical Resources listed in subsection (C) of Section 15.52.035.

"Mills Act contract" shall mean an agreement executed pursuant to Government Code Section 50280, et seq. as such may be amended from time to time and Board of Supervisors Resolution providing a property tax reassessment in exchange for the property owner's agreement to rehabilitate and maintain a Designated Landmark.

"Napa County Landmark" shall mean a Historical Resource that has been designated pursuant to this Chapter 15.52 or that has been formally listed on the California Register or the National Register.

"National Register" shall mean the National Register of Historic Places authorized by the National Historic Preservation Act of 1966 and maintained by the National Park Service, U.S. Department of the Interior.

"Planning commission" or "commission" shall mean the Napa County planning commission.

"Qualified Preservation Professional" shall mean a professional with demonstrated experience in conformance with the Code of Federal Regulations, Appendix A to Part 61, Professional Qualifications Standards of the Secretary of the Interior's Standards as such may be amended from time to time.

"Secretary of the Interior's Standards" shall mean the Secretary of the Interior's Standards for Rehabilitation as set forth in 36 CFR Part 67 as such may be amended from time to time.

(Ord. No. 1364, § 1, 10-18-2011; Ord. No. 1367, § 1, 12-6-2011; Ord. No. 1379, § 71, 1-29-2013)

The Planning Commission shall administer this Landmark Preservation Ordinance, and for that purpose shall have the following powers and duties:

A. Review applications for landmark designations for consistency with the criteria and requirements established by Section 15.52.030;

B. Maintain an up to date inventory of designated Napa County Landmarks and other Historical Resources within the county;

C. Conduct public hearings on environmental documents prepared for demolition of Designated Landmarks and adopt environmental documents or recommend adoption to the board, as appropriate;

D. Review applications for reuse pursuant to subsection (E) of Section 15.52.040; and

E. Perform other functions related to the cultural resources of the county as may be delegated to it by the board.

(Ord. No. 1364, § 1, 10-18-2011; Ord. No. 1367, § 2, 12-6-2011)

A. The commission may, at the request of the property owner or another party acting with the property owner's consent, designate existing Historical Resources as Napa County Landmarks if they meet one or more of the criteria established in subsection (C) of this section, are more than fifty years old, and retain their historic integrity as defined in subsection (D) of this section. Designations shall be made only after the commission has conducted a public hearing, duly noticed, pursuant to Section 18.136.040.

B. Applications for landmark designation shall be made to the commission in writing on a form prescribed by the planning, building and environmental services department and shall describe the historic uses of the property and demonstrate compliance with criteria and requirements of this section.

C. As provided in subsection (A) of this section, a Historical Resource may be designated as a Napa County Landmark if it:

1. Is associated with events that have made a significant contribution to the broad patterns of Napa County's or California's history and cultural heritage; or

2. Is associated with the lives of persons important in our past; or

3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or

4. Has yielded, or may be likely to yield, information important in prehistory or history.

D. Resources with historic integrity are those that retain the essential physical features which enable them to convey their historic identity or their importance to Napa County's or California's history and cultural heritage. According to the California Office of Historic Preservation, essential physical features are those characteristics that define why a property is significant and can include its location, design, setting, materials, workmanship, feeling, and association.

E. Whether or not they have been designated as such by the Commission, existing buildings or structures that have been formally listed on the National Register or the California Register by action of the California Historic Resources Commission are considered Napa County Landmarks due to their acknowledged historical, cultural or architectural significance.

(Ord. No. 1364, § 1, 10-18-2011; Ord. No. 1367, § 3, 12-6-2011; Ord. No. 1379, § 72, 1-29-2013)

In addition to landmarks designated pursuant to Section 15.52.030, the county recognizes ghost wineries and farm centers as noted below:

A. Ghost wineries are substantially intact buildings (i.e., four walls and a roof) that were used as wineries prior to Prohibition on January 16, 1920, but that were not being used as wineries as of May 14, 2002.

B. Farm centers include the following historic buildings that were used as grange halls or agricultural community centers:

1. Pope Valley Farm Center

2. Rutherford Grange

3. Tucker Farm Center

4. Welcome Grange

5. Carneros Social Hall

C. Landmarks of Special Significance include the following Historic Resources that were built and used for commercial purposes and that are now vacant and/or at risk:

1. 3431 N. St. Helena Highway

2. Aetna Springs Resort

3. Napa Soda Springs Resort

4. Pope Valley Store

5. Rutherford Depot

6. Walter Springs Resort

(Ord. No. 1364, § 1, 10-18-2011; Ord. No. 1367, § 4, 12-6-2011)

Editor's note— Ord. No. 1367, § 4, adopted Dec. 6, 2011, amended § 15.52.035 title to read as herein set out. Former § 15.52.035 title pertained to ghost wineries and farm centers.

A. Residential buildings, school houses and religious buildings that have been designated as Napa County Landmarks shall be eligible for property tax reassessments following execution of a Mills Act contract. Residential buildings, school houses and religious buildings shall include but are not limited to buildings that were constructed and originally used as houses, carriage houses, dormitories, classrooms, churches or other religious institutions.

B. Barns and agricultural buildings other than wineries that have been designated as Napa County Landmarks shall be eligible for property tax reassessments following execution of a Mills Act contract or a Williamson Act contract. Barns and agricultural buildings shall include but are not limited to buildings that were constructed and originally used as barns, water towers, blacksmith shops, stables, dairies, or outbuildings.

C. Wineries and distilleries that have been designated as Napa County Landmarks or that meet the definition of ghost wineries as provided in subsection (A) of 15.52.035 shall be eligible for the minimum parcel size and setback exemption contained within Section 18.104.245 provided they are rehabilitated and reused as wineries.

D. Farm centers listed in subsection (B) of Section 15.52.035 shall be eligible for reuse consistent with subsection (D) of Section 15.52.040.

E. Landmarks of Special Significance listed in subsection (C) of Section 15.52.035 shall be eligible for reuse consistent with subsection (E) of Section 15.52.040.

F. All Historical Resources shall be eligible for use of the State Historical Building Code as provided in Chapter 15.30 whether or not they are designated as landmarks.

(Ord. No. 1364, § 1, 10-18-2011; Ord. No. 1367, § 5, 12-6-2011)

Designated Landmarks, farm centers, and Landmarks of Special Significance may be used in a manner and pursuant to the procedures as established by the principal zoning district in which they are located subject to the conditions and exceptions listed below:

A. Alterations shall be designed by a Qualified Preservation Professional to be consistent with the Secretary of the Interior's Standards.

B. Proposed alterations that are not certified by a Qualified Preservation Professional as consistent with the Secretary of the Interior's Standards shall be subject to review by the Commission to ensure that all feasible measures are taken to protect the structure from changes that would adversely affect its historical integrity as defined in subsection (D) of Section 15.52.030 or qualify the structure for removal of status pursuant to Section 15.52.050.

C. Proposed demolitions shall be subject to review by the Commission concurrent with a request for removal of status pursuant to Section 15.52.050 and shall be authorized if no feasible alternative exists.

D. Farm centers listed in subsection (B) of Section 15.52.035 may be used as meeting halls and special event venues, including food preparation and non-commercial food service.

E. Following site-specific environmental review, Landmarks of Special Significance listed in subsection (C) of Section 15.52.035 may be reused for their historic use upon grant of a use permit pursuant to Section 18.124.010, provided that the approving agency makes all of the findings contained in Section 18.104.430 in addition to the findings required by Section 18.124.070. Historic uses permitted pursuant to this section shall not include illegal uses such as gambling or prostitution.

F. Notwithstanding the foregoing, any existing use permits or other entitlements that pertain to Designated Landmarks, farm centers, and Landmarks of Special Significance shall continue in full force and effect unless modified or revoked pursuant to procedures established elsewhere in the Napa County Code.

(Ord. No. 1364, § 1, 10-18-2011; Ord. No. 1367, § 6, 12-6-2011)

Editor's note— Ord. No. 1367, § 6, adopted Dec. 6, 2011, amended § 15.52.040 title to read as herein set out. Former § 15.52.040 title pertained to designated landmarks and farm centers—Use conditions.

A. Once designated as a landmark, removal of landmark status from structures or buildings by the Commission may be initiated by the Commission upon written request by the property owner.

B. Prior to approving a request for the removal of landmark status, the Commission shall conduct a public hearing pursuant to Section 18.124.040 and find that:

1. The applicant has demonstrated that the deletion is necessary to correct an unsafe or dangerous condition within the designated building that cannot be corrected without removal;

2. The applicant has demonstrated that denial of the request will result in immediate and substantial economic hardship; or

3. There are no reasonable alternatives to the removal as of the time of the hearing.

(Ord. No. 1364, § 1, 10-18-2011; Ord. No. 1367, § 7, 12-6-2011)

Appeals to a decision by the Commission on the designation or deletion of structure(s) or building(s) as landmarks or on the reuse of Landmarks of Special Significance shall be processed in the manner prescribed by Chapter 2.88 of the Napa County Code.

(Ord. No. 1364, § 1, 10-18-2011; Ord. No. 1367, § 8, 12-6-2011)