§ 9-705

The purpose of this Chapter is to establish regulations for establishing Historic District and Landmark designations for the preservation of historic resources of cultural, archaeological, architectural, aesthetic, and environmental value within the County. Accordingly, the regulations for these designations have the following specific objectives:

(a)

Preserve, maintain, and improve structures, sites, and districts of historical significance;

(b)

Ensure that exterior modifications to designated historic resources (Historic Districts and Landmarks) within the County are consistent with the historic character to be preserved or enhanced, while also enabling adaptive re-use;

(c)

Enhance the visual character of historic areas within the County by providing review criteria for new design and construction that complement the County's historical buildings in these areas;

(d)

Foster civic pride in the beauty and personality of the County and the accomplishments of its past, which enrich the educational, cultural, and aesthetic interests of the County;

(e)

Stabilize and improve property values and provide owners of historic properties reasonable economic uses and inform them of available economic incentives for historic preservation; and

(f)

Provide for historic preservation easements and use of the State Historic Building Code.

The provisions of this Chapter shall apply to all zones in the County and to all identified historic resources and designated landmarks. Buildings, structures, or objects that have been designated a historic resource by a Historic District or Landmark designation shall continue to be subject to all zoning regulations of this Title that would apply to such buildings, structures, or objects if they were not so designated or located.

This section implements the General Plan policy calling for creation of such a commission.

A Historic Preservation Commission may be established to facilitate implementation of the General Plan by identifying historic resources, assisting in the creation and implementation of regulations for Historic Districts and Landmarks, and reviewing to approve, reject, or approve with conditions all proposed projects involving major alterations to designated historic resources. If a Historic Preservation Commission is established, the organization, powers, and responsibilities will be as follows.

(a)

Membership. The Commission shall consist of at least five members who reside in the County and have a demonstrated special interest, competence, or knowledge of historic preservation. Two additional members may be included at the discretion of the Board. Each of the supervisorial districts of the County shall be represented by one member. To the extent practicable, membership shall consist of at least one licensed architect, one licensed landscape architect, and one representative from the San Joaquin County Historical Society.

(b)

Appointment. The members of the Commission shall be appointed by the Board.

(c)

Training. Each member of the Commission shall attend at least one informational or educational meeting, seminar, workshop, or conference per year that pertains directly to the work and functions of the Commission and is approvable by the State.

(d)

Lapse of Membership. The office of any Commissioner shall become vacant if they is absent from two consecutive regularly scheduled meetings unless the absences are excused.

(e)

Responsibility. The Commission shall meet at least four times annually to perform the following tasks:

(1)

Act in an advisory capacity to the Board in all matters pertaining to historic preservation;

(2)

Maintain a local inventory of historical resources within the County; publicize and update the inventory periodically;

(3)

Recommend the designation of Historic Districts and Landmarks, and review and approve certificates of appropriateness and demolition permits;

(4)

For projects requiring Planning Commission approval, the Historic Preservation Commission shall review only the historic preservation-related issues and make a recommendation to the Planning Commission.

(5)

Investigate and report to the Board on the use of various federal, state, local, or private funding sources and mechanisms available to promote historic preservation in the County;

(6)

Review and comment on the decisions and documents (including environmental assessments, environmental impact reports, and environmental impact statements) of other non-County public agencies when they affect designated historic resources in the County;

(7)

Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historical resources;

(8)

Render advice and guidance upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping, or maintenance of any historic resource; and

(9)

Perform any other functions that may be designated by resolution or motion of the Board.

(f)

Rules of Procedure Required. The Commission shall adopt reasonable rules for the conduct of meetings.

(g)

Surveys. The Commission shall develop procedures for conducting surveys of historic resources in accordance with guidelines published by the California State Office of Preservation. Standards for evaluation of resources shall be consistent with the National Register of Historic Places Criteria.

(h)

Term of Office of Members. The term of each member shall be for four years. However, the Commissioners first appointed shall serve the following terms:

(1)

One Commissioner for a term of one year,

(2)

Two Commissioners for a term of two years,

(3)

Two Commissioners for a term of three years, and

(4)

If there are seven Commissioners, then two Commissioners for a term of four years.

The Commissioners first appointed, at their first meeting, shall decide by lot which of them shall serve these terms. Thereafter, members of the Commissioners shall be appointed for terms of four years, except that in the event of a vacancy in office, the Commissioner appointed to fill the vacancy shall serve for the unexpired term to which they are appointed.

(a)

Eligibility. An Historic District designation may be applied to any significant area with historic resources, including both contributing and non-contributing buildings, and a Landmark designation may be applied to any significant building on the County's Historic Register. These designations may be combined with any zone designation. They also must be consistent with the General Plan.

(b)

Zoning Map Designation. Each Historic District or Landmark designation shall be shown on the zoning map by adding an -H or an -L designator, respectively, to the zone district designation followed by the number of

the Historic District or Landmark designation, based on its order of adoption with reference to the enacting ordinance.

(a)

Initiation. An application for a Historic District or Landmark designation may be initiated by the Board of Supervisors, the Planning Commission, or by any property owner in the County. If the designation is initiated by a property owner, the application must be accompanied by such historical and architectural information as is required by this Chapter to enable the Planning Commission to make an informed recommendation concerning the application, together with the required fee.

(b)

Public Notice. Upon initiation, notice shall be provided in accordance with the provisions of Chapter 9-802, Common Procedures. The Zoning Administrator shall post a Public Notice at County offices and on the County's website and inform all property owners by mail that would be subject to the designation of the

restrictions and incentives that will be placed on their property as a result of such designation, the language of this article, and how to avail themselves of a Mills Act contract and other incentives.

Upon the recommendation of the Historic Preservation Commission and the approval of the Board, an area with significant historic resources may be designated as a Historic District or a significant building may be designated as a Landmark if the Commission makes the following findings:

(a)

It exemplifies or reflects valued elements of the County's cultural, social, economic, political, aesthetic, engineering, archaeological, or architectural history;

(b)

It is identified with persons or events important in local, state, or national history;

(c)

It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning;

(d)

It embodies distinguishing characteristics of an architectural style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

(e)

It is representative of the notable work of a builder, designer, or architect whose style influenced the County's architectural development.

Any geographic area of the County, site within the County, and/or a building structure, or object may be designated as a Historic District or Landmark in compliance with the following requirements.

(a)

Eligibility for Designation of Historic Districts and Landmarks. A geographic area or historic structure or site within the County that is included in the County's Historic Register may be designated if one or more of the designation criteria in Section 9-705.050 are met, as rigorously applied and supported by findings of historical or architectural significance. Within Historic Districts, contributing buildings shall be identified separately from non-contributing buildings.

(b)

Optional District Historic Conservation Plan. Prior to filing an application for a Historic District designation, the applicant may prepare an optional Historic District Conservation Plan with the assistance of the Community Development Department. Each Conservation Plan shall contain:

(1)

Description of the District. A map and a detailed description of the proposed district, including boundaries; number of contributing buildings and non-contributing buildings, the age, setting, and character of the contributing buildings; a map or list of addresses of each contributing and non-contributing building; an informative historic context of the district and any associations under which the district appears eligible for listing, urban design elements and streetscapes; major public improvements; and proposed objectives to be achieved;

(2)

Significance of the District. A statement of the architectural or historical significance of the proposed district;

(3)

Allowable Alterations. A list of specific alterations (such as the replacement of windows, remodeling of an entryway, addition of dormers to the roof, or construction of a deck or staircase) to contributing buildings that shall be subject to review in order to protect the architectural or historical character of the proposed district; and

(4)

Development Standards and Guidelines for New Construction. A set of specific development standards and guidelines for new construction and alterations necessary to preserve the character of the proposed district. The standards and guidelines must include but are not limited to the following topics: architectural design, construction materials, height, setbacks, landscaping, lighting, parking, roof details, and entry and window design.

(c)

Application Requirements.

(1)

Eligibility for Filing. An application for designation may be initiated by a property owner.

(2)

Fee. A fee as established in the County's Fee Schedule.

(3)

Application Contents. The application shall include basic information on the proposed designation and the reasons justifying it, and the application shall include evidence of the consent of the owner or authorized agent to the proposed designation.

(4)

Additional Information May Be Requested. Prior to accepting the application as complete, the Zoning Administrator may request additional information, plans or materials deemed necessary to support the application.

(d)

Review and Approval.

(1)

Information to be Provided to the Historic Preservation Commission. County staff shall provide the Historic Preservation Commission with the following information to determine whether the proposed district or landmark has a significant architectural historical or cultural character that can be preserved and enhanced through appropriate controls on new development and alterations to existing buildings, structures, objects.

(A)

An explanation of the reasons that a Historic District or Landmark designation should be established;

(B)

A description of the area to be included with the Historic District, supported by text, maps, and photographs, and an identification of contributing and non-contributing buildings based on the surveys of historic resources that were conducted.

(C)

Recommended guidelines, standards, policies, and restrictions to be included to ensure preservation of historic resources (contributing buildings) and to allow for future development, including reconstruction, rehabilitation, and restoration of both contributing and non-contributing buildings.

(2)

Public Hearings. The Commission shall hold a duly-noticed public hearing to consider the proposed designation along with the background information provided and determine whether to recommend a designation to the Board. If the Commission determines that a designation may be appropriate and complies with the criteria of Section 9-705.070 the proposed designation shall then be the subject of a duly-noticed public hearing before the Board.

(3)

Required Findings. In order to place a designation on a district or landmark, the Board must find that the proposed Historic District or Landmark has a significant architectural historical or cultural character that can be preserved and enhanced through this designation and appropriate controls on new development and alterations to existing buildings, structures, and objects.

(4)

Action by the Board of Supervisors. After closing the public hearing, the Board shall by resolution approve Historic Preservation Commission's recommendations, in whole or in part, or shall by motion disapprove it in its entirety. Notice of the Board's decision shall be sent to all parties noticed of the Board's hearing and any other interested or affected parties.

(5)

Adoption of Historic Conservation Plan (Optional). The Board may adopt an ordinance establishing a Historic District Conservation Plan, in the form submitted or as revised by the Historic Preservation Commission or the Board.

(A)

The development guidelines included within the Historic Conservation Plan may modify the development regulations of the base zone but shall not change the maximum density or intensity standards of the base zone, nor alter the dimensional development standards by more than 10 percent. When establishing modification to development regulations, special consideration shall be given to:

(i)

Transitional height, setbacks, and upper story stepbacks for non-contributory buildings adjacent to contributory buildings, when height is a character defining feature of a district; and

(ii)

Parking requirements when a historic resource does not include on-site parking, and the zone has parking requirements.

(B)

A guideline shall be found to be a significant alteration of base zone regulations if it substantially prevents property from being used in compliance with the provisions of the base zone or creates a substantial number of nonconforming uses or structures.

(6)

Amendment of Historic Conservation Plan. An adopted Historic Conservation Plan may be amended by the Historic Preservation Commission after holding a duly-noticed public hearing. Major amendments affecting land use and development regulations require approval of the Board of Supervisors at a duly-noticed public hearing.

(e)

Amendment or Rescission of Designation. The subject property owner, the Historic Preservation Commission, or the Board may initiate, amend, or rescind any designation of an historical resource (a Landmark or Historic District) in the same manner and procedure as are followed for designation, if the resource no longer meets the designation criteria found to apply due to the subsequent discovery of information on the significance of the resource or the destruction of the resource by a catastrophic event.

(a)

Recording of Historic Resources. Designations of historic resources (buildings, structures, objects or sites) pursuant to this Chapter shall be recorded in a San Joaquin County Historic Register. The County's Historic Register shall be maintained on file with the Clerk of the Board, the Community Development Director, the Zoning Administrator, the Building Official, the San Joaquin County Library, San Joaquin County Historical Museum. San Joaquin County Historical Society, and the State Office of Historic Preservation.

(b)

Deletion of a Listed Structure Due to Demolition. When a listed structure has been demolished pursuant to any provisions of this Title, the Director of Community Development, upon notice thereof, shall cause such listed structure to be deleted from the County's Historic Register and shall notify the Clerk and others holding copies of this Register of this action. Upon such deletion, the provisions of this Title shall not be deemed to encumber or otherwise restrict the use of the subject remaining property.

(a)

General Requirements. Proposed development and new land uses subject to a Historic District or Landmark designation shall comply with all applicable requirements of the base zone, except:

(1)

Where modified by a Historic Conservation Plan;

(2)

Where the Historic Preservation Commission grants an exception to the land use regulations of the base zone through a Conditional Use Permit approval after determining that the exception is necessary to permit the preservation or restoration of a historic or architecturally significant building, structure, object, or site; or

(3)

In the event of a conflict between the requirements of the base zone and the Historic Conservation Plan, the Historic Conservation Plan shall govern.

(b)

Preservation Easements. Preservation easements on the facades of buildings designated as a Landmark or a contributing building in a Historic District may be acquired by the County or nonprofit group through purchase or donation pursuant to Civil Code Section 815.

To the extent allowable under state law and if adopted by the Board of Supervisors, the Building Official shall apply the State Historic Building Code (Title 24, Part 8 of the California Code of Regulations) rather than the California Building Code for alterations and additions to structures on the County's Historic Register, the California Register of Historical Places, and the National Register of Historic Places. The California State Historic Building Code provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as cultural resources.

A Certificate of Appropriateness shall be applied for as a Zoning Compliance Review and is required prior to development, exterior alteration, restoration, rehabilitation, or relocation of any structure subject to a Historic District or Landmark designation.

(a)

Authority. The Zoning Administrator shall have the authority to review and approve, approve with conditions, or reject a Certificate of Appropriateness pursuant to the procedures and criteria in this section.

(b)

Exemptions. No Certificate of Appropriateness is required for ordinary maintenance; interior modifications; work pre-approved in a Mills Act contract; and any development, alteration, restoration, rehabilitation, or relocation to a non-contributing building that is not specifically described in an application for Historic District designation or Landmark designation or in a Mills Act contract application as having historical or architectural value.

(c)

Criteria. To approve an application for a Certificate of Appropriateness, the Zoning Administrator shall find that the proposed work confirms to the Secretary of the Interior's Standards for the Treatment of Historic Properties or a specific Historic District Conservation Plan, if adopted by the Board, and more specifically:

(1)

Whether the proposed construction, reconstruction, or relocation is appropriate and consistent with this section and, if applicable, the Historic Conservation Plan for a specific Historic District.

(2)

Whether the applicant has demonstrated that every reasonable effort will be made to minimize alteration of any contributory structure or designated Landmark and preserve its integrity.

(3)

With regard to any property that is located within a designated Historic District but is not a contributing structure, the proposed work does not adversely affect the character and integrity of the district.

(4)

Whether the distinguishing original qualities or character of a contributory building, structure, or object, or site and its environment will not be destroyed, and the removal or alteration of any historic material or distinctive architectural feature will be avoided, to the greatest extent reasonably practical.

(5)

Whether changes which may have taken place in the course of time are evidence of the history and development of a contributory structure or site and its environment and that such changes which may have acquired significance in their own right, will be recognized and respected.

(6)

Whether distinctive stylistic features or examples of skilled craftsmanship which characterize a structure or site will be retained, to the extent reasonably possible.

(7)

Whether any proposed project will destroy significant historical, architectural, or cultural material, and will be compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

(8)

Whether additions or alterations to contributory buildings, structures, objects or sites or designated landmarks will be done in a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.

(d)

Conditions. The Zoning Administrator may impose reasonable conditions of approval of a Certificate of Appropriateness to ensure compliance with the Historic Conservation Plan or maintain the integrity of the Landmark.

(e)

Amendment to Certificate of Appropriateness. A Certificate of Appropriateness may be amended, extended, or modified at any time over the life of the building, only in accord with the procedures and criteria established for its original approval.

A Demolition Permit is required for any structure subject to a Historic District or Landmark designation, or listed in the San Joaquin County, Federal, or State Historic Registers, and any building, structure, or object more than 45 years old. The decision to issue a permit to demolish a building, structure, or object or alter a site subject to a Historic District or Landmark designation or listed in the County's Register is discretionary and subject to review under CEQA.

(a)

Application for a Demolition Permit. An application for a permit to demolish a building, structure, or object that is at least 50 years old but not listed in the County's Historic shall include an eligibility evaluation on DPR523 series forms, as necessary, provided by the California Office of Historic Preservation (OHP), and prepared according to "Instructions for Recording Historic Resources" provided by the California Office of Historic Preservation. Based on an initial review of the form, the Zoning Administrator shall render an opinion within 30 days on whether the structure is eligible for listing as a historic resource.

(b)

Referral to Historic Preservation Commission. If a structure is eligible for listing as a historic resource, the Zoning Administrator shall refer the matter to the Historic Preservation Commission. The Commission shall review the completed DPR523 series form, and the Zoning Administrator's opinion, and determine whether the structure is eligible for individual listing or as a contributing element to a Historic District on the National Register of Historic Places, the California Register of Historic Resources or County's Historic Register. If the Commission's determination conflicts with the opinion of the Zoning Administrator, the Board of Supervisors shall resolve the conflict and determine the final opinion.

(1)

If the determination is negative, no other action is required by the applicant.

(2)

If the opinion is positive, then the Commission shall review the completed DPR523 series form and determine if the structure is eligible for listing individually or as a contributing structure in a historic district on the National Register of Historic Places, the California Register of Historic Resources or the County's Historic Register.

(3)

If the building, structure, or object is determined to be eligible for listing either individually or as a contributing element, a Certificate of Appropriateness shall be required.

(4)

An eligibility determination for listing in the County's Historic Register may be appealed to the Board of Supervisors. An eligibility determination for listing in the National Register of Historic Places or the California Register of Historic Resources may be appealed only to the State Historic Preservation Office.

(c)

Exceptions. Unless exempt from permit requirements by other laws or codes, a decision on a Demolition Permit application shall be ministerial for the demolition of process equipment, goods movement equipment and facilities, and construction installations.

(a)

Duty to Maintain. All property owners in a designated Historic District and all property owners of buildings, structures, or objects assigned a Landmark designation shall have the obligation to maintain structures and premises in good repair, and no owner shall permit the building, structure, or object to fall into a serious state of disrepair so as to result in deterioration of any architectural feature that would produce a detrimental effect upon the character of the Historic District or the life and character of a Landmark.

Structures and premises shall be considered in good repair if they do not present material evidence of disrepair or material variance in condition from surrounding structures that comply with the provisions of this ordinance.

(1)

Visual Inspection. For the purposes of ascertaining if a building, structure, or object is in good repair, staff or members of the Commission may perform a visual inspection from the street.

(2)

Enforcement. For situations where a visual inspection indicates that a building, structure, or object may not be in good repair, a referral may be made to Code Enforcement.

(b)

Ordinary Maintenance and Repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature of any property covered by this Chapter, so long as such maintenance or repair does not involve a change in exterior design, material, or appearance, or a technique that is contrary to the Secretary of the Interior's Standards for Treatment of Historic Properties. A change in existing paint color is not construed as a change in appearance or design unless the paint color was reviewed and approved as part of a previous discretionary review.

(c)

Standards of Review. The standards of review for "good repair" and "disrepair" are as follows:

(1)

Good Repair. Includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents unreasonable deterioration, dilapidation, and decay of the exterior portions of the structure and premises, including exterior characterdefining features.

(2)

Disrepair. Includes but is not limited to unreasonable deterioration of exterior walls, plaster, mortar or vertical or horizontal supports; deterioration of roofs and exterior chimneys; ineffective waterproofing, including broken windows or doors; or the deterioration of any other exterior feature that would create a hazardous or unsafe condition.

(d)

Notice to Comply. If the Zoning Administrator determines that a historic resource or any other property in a Historic District or any designated Landmark is being neglected and subject to damage from weather or vandalism, the Zoning Administrator shall meet with the owner or other person having legal custody and control of the historic resource or Landmark to discuss with them ways to improve the condition of the property. If no attempt or insufficient effort is made to correct any noted conditions thereafter, the Zoning Administrator may issue a Notice to Comply requiring the owner or other person having legal custody and control of the historic resource or Landmark to take action to require corrections of defects in the subject property in order that such historic resource or Landmark may be preserved in accordance with this section, except if the property owner can present clear and convincing evidence to the Zoning Administrator that his/her ability to improve the condition of the property is constrained by limited financial resources of other immediate and substantial hardship. If a financial or other hardship is found to exist, the Zoning Administrator shall make a written finding to that effect which specifies the facts relied upon in making such a finding and withdraw the order to comply until such time that the work needed can be accomplished.

(e)

Prevention of Demolition by Neglect.

(1)

General Obligation. The owner, lessees and any other person in actual charge or possession of an historical resource shall prevent demolition by neglect.

(2)

Approval of Demolition with Showing of Extreme Hardship. If the applicant for an alteration or demolition permit presents facts clearly demonstrating to the satisfaction of the Historic Preservation Commission that failure to approve an application will cause an immediate extreme hardship because of conditions peculiar to the particular structure or other feature involved, the Commission may approve or conditionally approve such application even though it does not meet the standards set forth in this Chapter. In determining whether extreme hardship exists, the Commission shall consider evidence which demonstrates that:

(A)

Denial of the application will diminish the value of the subject structure or property so as to leave substantially no value.

(B)

Sale or rental of the property is impractical, infeasible, or uneconomic, when compared to the cost of holding such property for uses permitted in the zone.

(C)

Improvement of the property in a manner which would preserve its character defining features is impractical, infeasible, or uneconomic.

Under the provisions of the Government Code (Section 50280 et seq., known at the Mills Act), the County may contract with the owner of any property listed on the National Register of Historic Places, California Register of Historic Resources or the San Joaquin County Historic Register that are within a designated Historic District or are a designated Landmark. The primary purpose for offering Mills Act contracts is to assist in the rehabilitation or restoration and long-term maintenance of historic resources in the County. Upon execution of the contract, the property owner will henceforth benefit from a potential reduction in property taxes, and the County will be assured via a regularly scheduled inspection of the exterior for conformity, that the historic building is rehabilitated, maintained and preserved as necessary in a manner in compliance with the requirements of the State Office of Historic Preservation of the California Department

of Parks and Recreation, the appropriate treatment approach outlined and described in the Secretary of the Interior's Standards for the Treatment of Historic Properties, and the State Historic Building Code. This program also is enacted pursuant to the California Revenue and Taxation Code Article 1.9, Sections 439 through 439.4.

(a)

Application.

(1)

Who May File. Any person may file an application with the Zoning Administrator to enter into a Mills Act contract. An application must be accompanied by the applicable application fee, which shall be nonrefundable.

(2)

Application Contents. An application shall contain the following information:

(A)

Name and address of the applicant and of all owners of the subject property;

(B)

Evidence that the applicant is the sole owner of the subject property or has the written permission of all owners to make such application and the grant deed;

(C)

The location and legal description of the subject property;

(D)

Photos of the property demonstrating its historic significance;

(E)

A County Assessor's Parcel map;

(F)

The most recent property tax bill;

(G)

Evidence that the subject property is a qualified historic property (meaning a site/area/building subject to a historic district or Landmark designation or listed on the County's Historic Register, the National Register of Historic Places, or the California Register of Historic Resources);

(H)

A proposed plan for the preservation and, when necessary, the restoration and/or rehabilitation of the subject property, including a schedule and cost estimates prepared by licensed businesses, for all construction and maintenance work proposed to be performed;

(I)

Evidence satisfactory to the Zoning Administrator that execution of the Mills Act contract will result in the preservation and, when necessary, the restoration and/or rehabilitation of a qualified historic property; and

(J)

Such other information as the Zoning Administrator may require.

(b)

Inspection of the Property. After the Zoning Administrator determines that an application to participate in the County's Mills Act Program is complete, the Zoning Administrator shall cause to be conducted, and the owner or owners shall allow, one inspection of the exterior and interior of the subject property and whichever features of the property are needed to substantiate the information and evidence contained in the application as determined by the Zoning Administrator, and to determine whether any proposed work is necessary for and will result in the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. If after the inspection the Zoning Administrator identifies that work is needed for restoration and/or rehabilitations of the subject property, the Zoning Administrator shall provide written findings to the property owner with a list and explanation of the recommended restoration and/or rehabilitation.

(c)

Grant or Denial of the Application.

(1)

Approval of Application. The Zoning Administrator, in consultation with County Counsel, may recommend that the Board of Supervisors authorize the County Administrator to execute a Mills Act contract if, after the inspection required, the Zoning Administrator and County Counsel determine that the information and evidence contained in the application has been substantiated, and that the work proposed is necessary for and will result in the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. Upon receiving Board approval, the County Administrator and all owners of the subject property shall execute a Mills Act contract containing all of the provisions required and including any required improvement plan as an exhibit, incorporating its provisions into the contract. An historical property contract shall not be effective for any purpose unless all owners of the subject property execute the subject contract and pay the applicable nonrefundable, contract execution fee. Within 20 days after execution of the contract and prior to recording, the owner or owners shall pay all required inspection, recording, and other fees set forth in the contract.

(2)

Denial of Application. The Zoning Administrator shall deny the application if it fails to contain the information and evidence required by applicable provision of the Government Code, or if the Zoning Administrator or County Counsel determine that such evidence and/or information has not been satisfactorily substantiated following inspection of the subject property. The Zoning Administrator shall also deny the application if he/she determines that granting the application would be inconsistent with any provisions of the Mills Act. At any time prior to denying an application, the Zoning Administrator or County Counsel may suggest modifications or changes to the application that, if adopted by the applicant, would cause the application to conform to the requirements of this part.

(3)

No Administrative Appeal. The decision of the Zoning Administrator to deny the application shall be final and shall not be subject to administrative appeal.

(d)

Exemption from Disqualification. Where a qualified historical property is ineligible to participate in the Program because of any provisions of this Chapter or the Mills Act and the Zoning Administrator denies the application, the owner or other person authorized by the owner may file a request with the Zoning Administrator for an exemption from the disqualifying provisions pursuant to this section.

(1)

Requirements for Exemption Request. A request for an exemption shall be accompanied by the applicable application fee and the applicable exemption request fee. The exemption request shall include evidence that, notwithstanding the disqualifying provisions, the subject property is deserving of a Mills Act contract due to its exceptional nature, or because it is subject to special circumstances not generally applicable to other qualified historical properties. After the Zoning Administrator determines that the exemption request application is complete, the Zoning Administrator shall inspect the property and evaluate whether the

exemption is warranted due to the exceptional nature of the subject property or because the subject property is subject to special circumstances not generally applicable to other qualified historical properties.

(2)

Zoning Administrator's Recommendation. Upon completion of his/her review of the exemption request and inspection of the subject property, the Zoning Administrator shall make a recommendation to the Board of Supervisors to approve or deny the request based on the criteria set forth in in this Chapter and the Administrator's evaluation of the evidence submitted to show that the subject property has an exceptional nature or is subject to special circumstances not generally applicable to other qualified historical properties that warrant the exemption.

(3)

Board Decision. The Board of Supervisors shall be presented with information regarding the exemption request in a Staff report accompanied by the application for a Mills Act contract. The Board of Supervisors may grant the exemption request if it finds that the applicant has substantiated the information and evidence required, and that the work proposed as part of a plan is necessary for and will result in the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. If the Board

of Supervisors grants the exemption request, the decision of the Zoning Administrator shall be considered overruled, and the County Administrator and all owners shall execute a Mills Act contract.

(e)

Contract Terms. Any contract that is entered into shall comply with the following provisions:

(1)

Minimum Term. The minimum term of a Mills Act contract shall be 10 years. Each year, on the date specified in the contract, the contract is automatically renewed for an additional year unless a Notice of Nonrenewal is given or the contract is cancelled;

(2)

Preservation, restoration, and rehabilitation. Property owners under contract shall provide for the necessary preservation, restoration, and rehabilitation of the property so that it conforms with the rules and regulations of the Secretary of the Interior's Standards for Rehabilitation and the California State Historical Building Code;

(3)

Inspections. The contract shall provide for the periodic examination of the interior and exterior of the premises by the Community Development Department, Assessor, the Department of Parks and Recreation, and the State Board of Equalization to determine the owner's compliance with the contract;

(4)

Successors. The contract shall be binding upon any successor to the original property owner, i.e., the contract shall "run with the land." The successor in interest shall have the same rights and obligations as

the original owner who entered into the contract.

(5)

Annexation. If a County annexes a historic resource with an established Mills Act contract, the County shall succeed to all rights, duties and powers formerly held by the County.

(6)

Recordation. The establishment or cancellation of a contract shall not be final until the contract or notice of cancellation is recorded with the County Recorder by the Community Development Department.

(7)

Notification. The owner or agent of an owner shall provide written notice of the contract to the state Office of Historic Preservation within six months of entering into the contract.

(f)

Nonrenewal of Mill Act Contracts. Either party to a Mills Act contract may submit a Notice of Nonrenewal. Failure to serve a written Notice of Nonrenewal to the other party within the times listed below shall result in an additional year being added to the annual renewal date of the contract.

(1)

Notice Requirements. A "Notice of Nonrenewal" to terminate a Mills Act contract shall include all documentation, maps or other information required by the Zoning Administrator. It shall be filed with the Community Development Department. The contract shall continue until the term of the contract has expired.

(2)

If County Initiated. A Notice of Nonrenewal initiated by the County shall be given to the owner or the owners designated agent at least 60 days before the anniversary date of the contract.

(3)

If Owner Initiated. A Notice of Nonrenewal initiated by the owner shall be given to the County at least 90 days before the anniversary date of the contract.

(g)

Cancellation of Mills Act Contracts. For the reasons listed below, the County or the owner may initiate a Mills Act Cancellation. The cancellation fee and any applicable penalty fee shall be paid at the time the request for cancellation is made. The penalty fee is 12.5 percent of the current fair market value of the property.

(1)

Notice Requirements. Cancellation of a Mills Act contract requires notification to the property owner, public notice in a newspaper of general circulation and a public hearing by the Board of Supervisors. Immediately following approval by the Board of Supervisors, the cancellation process shall begin.

(2)

Allowable Reasons for Cancellation.

(A)

Eminent Domain. If the historic resource is acquired in whole or in part by eminent domain, the contract shall be deemed null and void. No penalty fee shall be imposed on the property owner;

(B)

Breach of Contract. If it is determined that the property owner has breached any of the conditions of the Mill Act contract, the contract shall be cancelled, and a penalty fee shall be imposed on the property owner;

(C)

Inadequate Restoration. If the owner has not rehabilitated the property in the manner specified in the Mills Act contract, the contract shall he cancelled, and a penalty fee shall be imposed on the property owner; or;

(D)

Deterioration. If the property has deteriorated and no longer meets the federal standards for a qualified historic resource referred to in the Mills Act contact, the contract shall be cancelled, and a penalty fee shall be imposed on the property owner.

(a)

Any person who violates a requirement of this Chapter or fails to obey an order or permit issued pursuant thereto shall be guilty of a misdemeanor.

(b)

Any person who constructs, alters, removes, or demolishes a historic resource or Landmark in violation of this Chapter shall be required to restore the building, object, site, or structure to its appearance or setting prior to the violation to the extent such restoration is physically possible. Any action to enforce this provision may be brought by the County or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and the penalty or other remedy provided by law.

Chapter 9-706 - Mitigation Monitoring and Reporting