§ 3.50

The "-h" combining zoning district is intended to provide for the preservation of historic sites, historic structures, buildings of architectural significance, and other natural and human-made heritage resources which are included in the National Register of Historic Places, or which are otherwise designated as a registered cultural heritage resource (see Section 1.30.030: Definitions of Terms). Historic Preservation

zoning districts may also be utilized to protect and conserve sites and areas which are of special character, architectural value, or aesthetic interest, if such areas contain at least one registered historic place or resource. Such heritage resources deserve special consideration for preservation and enhancement due to the contribution they make to our collective understanding of the historic development and cultural heritage of the county, region, state, or nation.

(Ord. No. NS-1200.318, § 7, 3-28-06; Ord. No. NS-1200.367, § 7, 6-19-18)

The provisions of Sections 3.50.010 through 3.50.080 of this article apply to all "-h" Historic Preservation combining zoning districts. Provisions of 3.50.090 and above apply only to the historic district specified.

Each application of a Historic Preservation combining zoning district to an area shall be indicated by the designator "-h" added to the base zoning district designation, and each shall be numbered in order of application (e.g.: "-h 1 ," "-h 2 ," "-h 3 ," etc.). The policies, standards, and criteria of this chapter shall prevail over any conflicting regulations of the applicable base zoning district.

A.

Design review. Unless otherwise indicated by the provisions of a historic zoning district, design review approval shall be secured as set forth in Chapter 5.50 of this Zoning Ordinance for the following:

1.

Construction of any new building or structure in any "-h" combining zoning district, except as provided in subsection B, below.

2.

Any exterior modification or construction which would alter the external appearance of a building or structure within an "-h" combining zoning district, except as provided in subsection B, below.

B.

Design review exemptions. The following exemptions are applicable to "-h" properties and supersede the exemptions specified in Sections 5.50.050 and 5.50.060.

1.

For properties, buildings and structures which are not individually designated or registered as historic resources, the following exemptions shall be allowed:

a.

Statutory exemptions: The following types of structures are minor in character and are in all cases exempt from the design review process:

i.

Detached accessory buildings that are exempt from the building permit requirement on the basis of size and are not within any easement or right-of-way;

ii.

Any accessory building or structure whose combined above-ground dimensions (maximum length + maximum width + maximum height) do not exceed 16 feet;

iii.

Decks whose floor surface is 30 inches or less above final grade;

iv.

Fences three feet or less in height;

v.

Grade-level pavement for which grading performed prior to paving does not require a grading permit;

vi.

Retaining walls that are not subject to a grading permit;

vii.

Solar (photovoltaic) panels; and

viii.

Swimming pools.

b.

Discretionary exemptions: The following types of structures may, at the discretion of the zoning administrator, be considered minor and exempt from the design review process:

i.

Additions of 500 square feet or less in floor area to a dwelling;

ii.

Detached accessory buildings of 500 square feet or less in area;

iii.

Decks whose floor surface is over 30 inches in height above grade;

iv.

Fences in "-d" combining districts or along designated scenic roads which conform to the provisions of this ordinance regulating fence height; and

v.

Other minor construction similar in scale to the above categories and having low potential for visual impact.

2.

For properties, buildings and structures which are individually designated or registered as historic resources, the following exemptions shall be allowed:

a.

Statutory exemptions: The following types of structures are minor in character and are in all cases exempt from the design review process:

i.

Detached accessory buildings that are exempt from the building permit requirement on the basis of size and are not within any easement or right-of-way;

ii.

Any accessory building or structure whose combined above-ground dimensions (maximum length + maximum width + maximum height) do not exceed 16 feet;

iii.

Decks whose floor surface is 30 inches or less above final grade;

iv.

Fences three feet or less in height;

v.

Grade-level pavement for which grading performed prior to paving does not require a grading permit;

vi.

Retaining walls that are not subject to a grading permit;

vii.

Solar (photovoltaic) panels; and

viii.

Swimming pools.

b.

Discretionary exemptions: Properties, buildings, and structures which are individually designated or registered as historic resources are not eligible for discretionary exemptions from design review.

C.

Additional findings. Design review approval is contingent upon the following findings:

1.

Substantial conformance with applicable provisions of the design review guidelines, adopted by the Board of Supervisors.

2.

Conformance or consistency with any special regulations, standards, policies, or criteria specific to the particular "-h" district.

3.

Where a historically designated structure or resource is involved, the historic character of the subject structure is preserved.

(Ord. No. NS-1200.323, § 6, 1-29-08; Ord. No. NS-1200.332, § 5, 11-22-11; Ord. No. NS-1200.359, § 7, 12-6-16)

Applications for design review or architecture and site approval (excluding applications for administrative approvals or discretionary exemptions) shall be referred to the Santa Clara County Historical Heritage Commission for review and recommendation prior to the public hearing on the application, unless otherwise specified by the provisions of the specific historic zoning district. For applications on property located within the -h 1 District, the Historical Heritage Commission shall hold a public hearing in accordance with the public notice requirements of Section 5.20.110.

If the Historical Heritage Commission does not provide a response within 60 days following the date of referral, the lack of any response shall be deemed evidence of no opposition to approval.

(Ord. No. NS-1200.349, § 6, 4-7-15)

The following special use regulations and considerations shall apply within each "-h" zoning district:

A.

Conformance with goals, policies, or standards. Prior to the approval of an application for any discretionary land use approval within an "-h" combining district, the approving authority must find that the establishment and conduct of the proposed use is consistent with the intent of the "-h" zoning district and with any adopted goals, policies, regulations, or standards for the district.

B.

Relationship of "-h" district regulations to those of the base district. Special regulations governing allowable uses, if adopted and included within the text of an Historic Preservation zoning district, shall supersede any other use regulations of the applicable base zoning district or any other related provision of the Zoning Ordinance concerning allowable uses. If no special use regulations are established, the regulations of the base zoning district shall apply.

C.

Elimination of incompatible outdoor uses and outdoor advertising signs. The Planning Commission may determine that specific pre-existing outdoor activities or outdoor advertising signs are incompatible with the goals, plans, policies, or standards of the "-h" district within which they are located. Such a determination may be made by means of a duly noticed public hearing, in which substantial evidence has been presented that specific outdoor uses, activities, or advertising signs are clearly in conflict with the purpose, plans, policies, or standards of the "-h" district. If such a determination is made, the owner of the land on which the outdoor use or advertising sign is located shall within the time period specified by the Planning Commission either modify, remove, or cease the outdoor use or sign in question as directed so that it is in conformance with the goals, plans and policies of the "-h" district. Such a determination may be appealed to the Board of Supervisors in accordance with Chapter 5.30.

A.

Adoption of special regulations and standards. Upon the adoption of any "-h" combining zoning district, the Board of Supervisors may define specific development standards or regulations which are to apply to all lands included within an "-h" district, consistent with the intent, goals, objectives, and policies established for each district. Such standards may include, but shall not be limited to, building height, form, mass, materials, setbacks, infrastructure, parking and loading area requirements, and signs. If adopted, such standards shall be based on evidence of the historical and architectural aspects of the district which are typical or characteristic of that district, and shall be included within the zoning regulations of the "-h" district ordinance.

B.

Relationship of "-h" district regulations to those of base district. Special development regulations and standards of the "-h" district, once adopted, shall supersede any conflicting or incompatible regulations or standards of the applicable base zoning district. Where no such standards specific to the Historic Preservation zoning district are established, the standards of the applicable base zoning district shall apply.

A.

Board approval required for demolition or removal. No permit for the demolition or removal of a building or other structure which is a formally designated or registered cultural heritage resource shall be issued until

an approval is granted by the Board of Supervisors, pursuant to the applicable procedures and regulations of the Santa Clara County Ordinance Code.

B.

Demolition procedures and regulations. The demolition permit restrictions, in Section C1-91 of the County Ordinance Code shall apply to the proposed demolition or removal of any individually registered historic building or structure. These provisions govern the procedures by which an application may be made and obtained for the demolition or removal of a building or structure, including provisions for referral to the Historical Heritage Commission for review and recommendations, the specified time period during which alternatives to demolition may be explored, and the requirement for a public hearing before the Board of Supervisors for an ultimate determination regarding the application.

The following procedures shall be followed in the establishment of "-h" districts in addition to the general procedures set forth in Chapter 5.75 regarding amendments to the Zoning Ordinance:

A.

Eligibility for inclusion within an "-h" district. Each area for which an "-h" district is established must contain at least one site, building, or structure which is a "registered historic cultural resource" (see Definitions). The "-h" district may include, in addition to any registered historic cultural resource, such additional area as is deemed necessary for the protection of the environment of the registered historic cultural resource against the intrusion of incompatible land uses and development.

B.

Information to be provided prior to enactment of "-h" districts. Planning Office staff and the staff of the Historical Heritage Commission shall provide in a report the information and evaluation which will serve as the basis for any proposal to establish a "-h" combining zoning district. The following exhibits and information shall be included in the required report:

1.

Explanation, with adequate supporting documentation, of the reasons that an "-h" district should be established for the subject area.

2.

A description of the entire area to be included within the boundaries of the "-h" district. Such description is to include text, maps and photographs, property addresses and assessor's parcel numbers, and is to accurately describe existing land uses, condition of structures, architectural styles, circulation patterns, environmental features, and such other topics considered relevant.

3.

A description of each registered historic resource, structure, or place within the proposed "-h" district, including descriptive text, maps, photographs of each place or structure, and identification numbers or

codes used to record its entry in the applicable register or inventory.

4.

Recommended guidelines, standards, policies, and restrictions to be included in the regulations for each "- h" district pertaining to the preservation or future development of each registered historic structure or place, including, but not limited to: allowable future land uses; building bulk, style and location; vehicular and pedestrian circulation patterns.

5.

Any additional guidelines, restrictions, or policies intended to pertain to properties within the proposed "-h" district other than those which are designated or registered historic cultural resources.

6.

A report from the Historical Heritage Commission which reviews the aforementioned report information and reports their recommendations.

7.

A recommendation from the staff of the County Planning Office and the Historical Heritage Commission, regarding the establishment of the proposed Historic Preservation district and the specific recommended wording for the proposed ordinance, to facilitate implementation of the ordinance and to ensure clarity and consistency with other historic districts and other provisions of the Zoning Ordinance. The report may also include any recommended implementation measures deemed necessary to further the goals and objectives of the proposed "-h" district.

A.

Purpose. The purpose of the "-h 1 " combining district is to preserve the New Almaden National Historic Landmark District, one of 120 such places in California and only one of five in Santa Clara County recognized as being of such national historical significance. It was listed in the National Register of Historic Places in October 15, 1966, listing #66000236.

The boundaries of the "-h 1 " historic preservation zoning district for New Almaden coincide with the boundaries of the National Historic Landmark District described by the National Register listing. The majority of the land area within the National Historic Landmark District is contained within the Almaden Quicksilver County Park, a regional park maintained by the Santa Clara County Parks and Recreation Department. Also included within this historic preservation zoning district are privately owned properties, the primary uses of which are residential.

For purposes of this ordinance, individually designated historic buildings and structures in the "-h 1 " district are identified within either Priority List 1 or 2, including the Casa Grande (see subsection D, below). These structures and properties contribute significantly to the New Almaden National Historic Landmark

District. All are located within what is defined within this ordinance as the Central Community Area (Subarea A) along Almaden and Bertram Roads.

B.

Use Regulations. Uses within the "-h 1 " district shall be limited to the following:

1.

Uses permitted as a matter of right include:

a.

Residence - Single-Family, including Residential Accessory Structures and Uses.

b.

Agriculture, limited to uses permitted as a matter of right in the applicable base zoning district.

c.

Community Care - Limited.

d.

Home Occupations [Criteria/Findings, see § 4.10.180].

e.

Accessory dwelling units [Criteria/Findings, see § 4.10.015].

2.

Uses permitted subject to the issuance of a special permit include:

a.

Reserved.

b.

Home Occupation - Expanded [Criteria/Findings, see § 4.10.180].

c.

Residential Accessory Structures and Uses, with more than two internal plumbing fixtures, such as pool houses [Criteria/Findings, see § 4.20.020(I)]. This does not apply to accessory dwelling units.

d.

Historic Structure - Use Conversion, as defined in Section 2.10.040, Non-Residential Use Classifications. Such uses may be established within any registered historic structure, provided that the approving authority

makes all of the following findings:

i.

The use is consistent with the intent of the "-h 1 " zoning district.

ii.

The use is consistent with the historical and architectural character of the community.

iii.

The use conforms with the provisions of Section 4.10.170, Supplemental Use Regulations.

iv.

The use conforms with any applicable supplemental use regulations of Chapter 4.10 concerning the particular use.

3.

Uses permitted subject to the issuance of architecture and site approval (ASA) include:

a.

Utilities - Minor, as defined in Section 2.10.040.

4.

Uses permitted subject to the issuance of a use permit and architecture and site approval (ASA) include:

a.

Nonprofit Institutions, such as community meeting facilities and other institutional uses serving the New Almaden community.

b.

Utilities - Major, as defined in Section 2.10.040.

C.

Special Development Standards

1.

Front Setbacks for Almaden Road Priority List 1 Properties. For individually designated historic structures along Almaden Road identified in Priority List 1, historic building placements relative to the road right-ofway shall be maintained. Front setback requirements for such properties along Almaden Road may be adjusted without a variance if deemed by the zoning administrator to be in the interest of historic preservation and not in violation of the integrity of the zoning district.

2.

Minor adjustments to minimum yard and setback requirements. Yard and setback requirements may be varied by the zoning administrator through the design review or ASA procedure if necessary, appropriate, and consistent with the intent of the historic zoning district. This provision is intended to allow for limited variation from standards without requiring a variance.

3.

Height. Maximum building height shall be 35 feet, with no more than two stories allowed. The provisions of subsection 4.20.020(E) shall apply to accessory buildings and structures.

D.

Designated Historic Structures of the New Almaden Historical Area. As a National Historic Landmark District, the historic heritage and character of the early community of New Almaden are considered to be of great importance to the residents, the county, the state and the nation. To help preserve the historic character and value of New Almaden, the existing historic structures are prioritized in terms of their

significance for preservation. [Note: The "1880 Map#" refers to the "1880 Mining Company Rental Map" on file with the County Planning Office, which depicts the locations of structures within the main community area existing at that time].

1.

Priority List No. 1. The following properties are the designated as Priority List No. 1 historical structures:

Table 3.50-1 PRIORITY LIST 1

2.

Preservation of Priority List No. 1 structures.

a.

Owners of the properties in Priority List No. 1 are especially encouraged to preserve and maintain these original structures of the Hacienda of New Almaden.

b.

The Casa Grande was the original residence of the mining company superintendent, and it has special historic and building significance. Therefore, it is required that any plans for interior or exterior remodeling, renovation and restoration be submitted to the County Historical Heritage Commission for review and recommendation.

3.

Priority List No. 2. The following are the designated Priority List No. 2 historical structures:

Table 3.50-2 PRIORITY LIST 2

St. Anthony's Church (built 1899)

21800 Bertram Rd.

583-17-001 None

4.

Preservation of Priority List No. 2 structures. The structures in Priority List No. 2 are also important from a historical standpoint, even though they were moved from their original sites or were built at a later date, and they should be maintained in such a manner as to preserve their historical integrity and compatibility with Priority List No. 1 properties.

E.

Form, Materials, and Color Standards. The following standards shall apply to all structures on properties on Priority Lists No. 1 and 2. Adherence is mandatory unless acceptable substitutes are approved as indicated in the provisions below.

For other properties not on either Priority List located within the "-h 1 "district, these detailed standards are advisory. Certain features, materials, forms or approximations thereof may be required of a project by means of design review or ASA approval or conditions, as appropriate. Property owners are encouraged to incorporate these design features and materials standards into their construction plans as much as possible and appropriate to ensure the compatibility of new construction with the general historic character of the district. Substantial conformance with these standards is required for properties in the immediate vicinity of Priority List 1 and 2 properties, defined as the Central Community Area ("Sub-area A"), to ensure architectural compatibility with individually designated historic properties. (Refer to subsection F for further explanation of the Central Community Area).

1.

Exterior materials:

a.

Board and batten.

b.

Ship lap.

c.

Wood siding (narrow "New England" style).

d.

Adobe sun-dried blocks, bituminous treated (the adobe may have a plaster coat).

e.

Reclaimed used red fired brick, or the early fire brick (Scottish).

2.

Roofing materials: Wood shingles or shakes, fire retardant; constructed to comply with Uniform Building Code standards for Class "A" roofing for properties within designated "Hazardous Fire Areas" as referenced in the County Fire Code, Division B7 of the County Ordinance Code.

3.

Exceptions to general exterior and roofing materials: Other materials may be used provided they will closely resemble the materials specified above. Samples of the proposed substitute materials shall be submitted by the applicant to the County with the initial design review or other application for the project, to be examined for compliance and approval by the zoning administrator or other approval authority.

4.

Roof form: Gable or sloping shed roof.

5.

Foundation: New foundations may be of concrete construction providing one of the following is a part of the construction:

a.

Added pigment in the concrete for resemblance to a soft red brick or earthen tan adobe.

b.

A colored or painted plaster coating.

c.

A board sheeting exterior veneer applied over the concrete.

6.

Garages: Garages may be attached or detached and shall be constructed of materials listed and decorated as stated in these standards.

7.

Fencing: New and replacement fencing shall be built of wood similar to the early wood fencing, or other historically compatible design and materials. Fences and hedges shall otherwise conform with provisions of Section 4.20.050.

8.

Painting and decorating: New construction paint colors should be compatible with those that were used during the mid-to-late 1800s in this location. In general, color preferences from the time period were those from the natural color range, with emphasis on subdued, muted earth tones. Examples include, but are not limited to, grays, dark barn red, browns and tans.

Window form: Window forms were generally multi-light, such as two over two, and they should be rectangular rather than round or arched.

==> picture [408 x 482] intentionally omitted <==

Fig. 3.50-1

F.

General Requirements for Construction on Properties not on Priority Lists 1 or 2.

1.

Historic compatibility requirements in the Central Community Area ("Sub-area A"). Within the designated central community area, delineated herein by the map entitled "New Almaden Historical Area—Sub-area A:

Central Community Area," new structures and modifications to existing structures on properties not within Priority List 1 or 2 shall be designed to ensure that their appearance is as compatible and complementary as possible with that of individually designated historic buildings and structures on Priority Lists 1 and 2.

2.

Historic compatibility requirements for all other properties. Elsewhere within the "-h 1 " district, outside the Central Community Area, new structures and modifications to existing structures should be designed for general compatibility with the historic character of the district. General adherence to the building form and material standards required for individually designated or registered historic structures is advised and encouraged, but complete conformance is not required. Comparable contemporary building forms and materials which generally approximate or resemble historic building form and materials are acceptable.

3.

Hillside development review in the New Almaden combining district.

a.

Hillside development within the "-h 1 " historic zoning district—particularly proposed structures located on or near ridges or any hillside location of visual prominence—shall comply with the applicable provisions of the design review guidelines (or ASA guidelines) intended to ensure compatibility of development with the natural setting and to minimize visual impacts of development when viewed from the valley floor areas, scenic roads, and adjacent parklands.

b.

Where necessary and appropriate, the zoning administrator is authorized to limit building height, size, massing, color, reflectivity, and location in order to minimize the potential obtrusiveness or incompatibility of a proposed structure with its surroundings.

G.

Future Road and Street Development Policy.

1.

Roadway development or improvements to existing roadways, including related infrastructure, should be consistent with the intent of this ordinance to preserve the historical character of the community, while also balancing the possible need for changes to ensure public health and safety. This policy particularly applies along the section of Almaden Road where it enters the "-h 1 " district on the north (nearest San Jose) and extending to the south where it crosses Alamitos Creek.

2.

For Almaden Road within the "-h 1 " zoning district, it is recommended that the present road section should be adequately maintained, and any new road drainage infrastructure should be designed and constructed to be compatible with the historic character of the district.

H.

Sidewalks. For new construction along the section of Almaden Road where there are existing sidewalks, sidewalks shall be of the same width and located similarly to the existing walk. New sidewalks shall be either red brick or concrete with red-brown pigment added to resemble the color of the native soil in the area. Existing red brick walks shall be left in place, maintained in good repair, and not paved over. Otherwise, provision of sidewalks shall not be required.

I.

Road and Street Signing and Lighting.

1.

Street name signs and lettering should be rustic in nature. Materials may be either weathered wood or materials that simulate weathered wood in appearance. Sign lettering should be similar to the period and may be painted or routed in wood, provided that signage and lettering meet current standards for legibility and visibility at night. Two-way and four-way street name signs should be mounted on wood posts in a manner that is clearly visible and legible to motorists.

2.

Street lighting fixtures should be a traditional lantern type with standards that are of a dark brown, rust or black color.

J.

Signs. Signs shall be regulated in accordance with the provisions of Chapter 4.40 of this zoning ordinance.

K.

Tree, Shrub, and Landscaping Conservation.

1.

The general conservation of existing trees and shrubs is strongly encouraged, subject to considerations of general public health and safety, particularly relating to fire safety and protection and to any tree or vegetation which poses a physical safety hazard.

2.

Trees and shrubs having a main trunk or stem measuring six inches in diameter or greater 18.8 inches in circumference), at a height of four and one-half feet above ground, are protected trees, subject to the relevant provisions of the County's "Tree Preservation and Removal Ordinance," Division C16 of the County Ordinance Code. Except as otherwise provided in Division C16, Tree Preservation and Removal, an administrative permit or encroachment permit shall be required for the removal of any tree of such dimensions or greater within the "-h 1 " New Almaden Historic Preservation zoning district.

For development proposals subject to design review or other discretionary land use or development approval, the following provisions shall apply:

a.

Approval of a development application may be conditioned by the zoning administrator to retain the maximum number of trees and shrubs possible while still enabling the appropriate establishment of the allowed use and necessary site improvements.

b.

Special emphasis shall be given to preservation of mature native trees and shrubs and to those which provide mitigation for potential adverse visual impacts of development.

c.

Applications for design review or other discretionary land use approval on lots of one acre or less shall include plans showing all existing trees six inches in diameter at a height of four and one-half feet above ground, with a keyed listing of the species and diameter of such trees. Photographs of the trees and shrubs on the site shall be provided. For lots greater than one acre, plans shall indicate trees of these same dimensions and shrubs or hedges which are located in the proposed development area or which may be potentially affected by the development proposal, as well as any heritage trees located anywhere on the subject parcel.

d.

No healthy trees six inches in diameter or greater measured four and one-half feet above ground or significant hedges or shrubs shall be removed until after the effective date of a discretionary permit approval and then only as authorized by approved plans. All reasonable care shall be taken in grading, trenching, site preparation, and other construction operations to protect those trees, hedges, and shrubs required or identified to be retained.

e.

Trees and shrubs selected for new plantings and landscaping treatments should be native species typical of the hills and riparian areas specific to this district. Examples include the California sycamore, California oaks (primarily black oak, blue oak, coast live oak, and valley oak), California bay, and toyon. Non-native tree and shrub species, if used, should be typical of those used during the period of historical significance of the district. Some of the decorative species introduced during this period (1825 to 1875) include Moss roses and heritage variety roses, Italian cypress, lilacs and buddleia (shrubs and trees of the logania family commonly grown for their blossoms). All landscaping should blend with the general appearance of the riparian areas and surrounding hills as much as possible.

L.

Weed and Rubbish Abatement. The County Fire Marshal classifies the New Almaden Historical Area as a high fire hazard zone. As a part of the "-h 1 " district standards, County Fire Code provisions concerning hazardous vegetation removal shall be complied with in all respects.

(Ord. No. NS-1200.360, § 5, 5-23-17; Ord. No. NS-1200.371, § 9, 3-10-20)

A.

Purpose. The "-h 2 " Historic Preservation zoning district contains remnants of what was once a concentrated Portuguese ranching settlement in the eastern foothills of Santa Clara County. The site contains several original wood-framed buildings, which include a small barn, milking shed, and small farmhouse, exemplary of the small family farms of the area dating from the late 1800s to the early 1900s. The purpose of the "-h 2 " zoning district is to preserve this example of a Portuguese homestead for its importance to the cultural heritage of the County.

B.

Use regulations.

1.

Permitted uses allowed by matter of right in the "-h 2 " district are limited to the individual existing structures of the property listed below:

a.

Residence—Single-Family, and garage.

b.

Wood frame barn.

c.

Wood frame board and batten structure (original family dwelling).

d.

Orchard.

2.

Educational use. The use of the property for educational purposes should be encouraged.

C.

Preservation of structures and special development standards.

1.

The historic heritage and ethnic cultural land use of the property is of importance to the residents, the County, the State, and the nation; therefore, the visual character of the exteriors of the existing structures should be maintained.

2.

Plans for remodeling, new construction, or additions shall incorporate existing exterior materials and architectural styles.

3.

Paint colors shall be compatible with the original colors of the paints used on the existing historic structures.

4.

Fencing and other physical features pertaining to or proposed for the district shall be compatible to those used during the period of 1890—1920.

5.

Nothing in the standards, design criteria, and policies shall be construed to prevent the construction of public improvements in the district, including but not limited to those required by existing deferred improvement agreements.

D.

Landscaping conservation.

1.

Existing trees, shrubs, and plantings should be maintained in good condition.

2.

Trees that have died or been removed shall be replaced with the same or similar variety in sizes feasible and available in commercial nursery container stock.

Editor's note— Ord. No. NS-1200.325, § 1, adopted April 21, 2009, repealed § 3.50.110, which pertained to "-h 3 " district (Sakai Ranch). See also the Code Comparative Table.

CHAPTER 3.60. - "-bw" BAY WETLANDS COMBINING DISTRICT