Santa Clara County Municipal Code Art. I Introduction

This chapter shall be known as the Historic Preservation Ordinance of the County of Santa Clara.

(Ord. No. NS-1100.96, 10-17-06)

The Historical Preservation Ordinance is adopted for the preservation, protection, enhancement, and perpetuation of resources of architectural, historical, and cultural merit within Santa Clara County and to benefit the social and cultural enrichment, and general welfare of the people. The purpose of this chapter is to:

A. Identify, protect, preserve, and enhance historic resources (as defined in Section C17-3(J) below) representing distinctive elements of the cultural, social, economic, political, and architectural history of Santa Clara County;

B. Provide a mechanism to compile, update and maintain the heritage resource inventory;

C. Enhance the visual identity of Santa Clara County by maintaining the scale and character of historic resources and their settings, and integrating the preservation of historic resources into public and private development;

D. Encourage, through public and private action and collaboration with other organizations, the maintenance and rehabilitation of historic resources;

E. Promote public knowledge, participation, understanding, and appreciation of Santa Clara County's rich history and sense of place;

F. Foster civic pride and a sense of identity based upon the recognition and use of Santa Clara County's historic resources;

G. Protect and enhance Santa Clara County's attraction to tourists and visitors thereby stimulating business and industry;

H. Promote awareness of the economic, social and cultural benefits of historic preservation in collaboration with other organizations;

I. Provide for consistency with state and federal preservation standards, criteria, and practices; and

J. Make available incentive opportunities to preserve Santa Clara County's historic resources as provided in Article V.

(Ord. No. NS-1100.96, 10-17-06)

For the purposes of this chapter, the following words and phrases have the meanings ascribed to them in this section, unless the context or the provision clearly requires otherwise:

A. Alteration means any work, other than demolition or preventative maintenance, affecting the exterior appearance of significant historical or architectural features, or the historic context of a designated landmark, including, but not limited to, exterior changes, additions, new construction, grading and relocation.

B. Building (as applied in the context of this chapter) means any construction, such as a house, garage or barn, created to shelter any form of human activity. Building may also refer to a historically related complex, such as a house and a barn.

C. Demolition means the act or process that partially or completely destroys, or dismantles a landmark or historic resource.

D. Evaluation means the process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service in the Federal Register (Code of Federal Regulation, 36 CFR Part 61), as determined by the State Office of Historic Preservation, using the designation criteria outlined in Article II of this Chapter, Chapter 3.50 of the Zoning Ordinance or Division C16 of the County Code.

E. Feature means elements embodying the historical significance or architectural style, design, general arrangement and components of all of the exterior surfaces of any landmark or historic resource, including, but not limited to, the type of building materials, and type and style of windows, doors, or other elements related to such landmark or historic resource.

F. -h Historic Preservation Combining District means an area of historic and architectural significance, and of special character or aesthetic interest to Santa Clara County and designated as a Combining Zoning District according to the procedures and criteria outlined in Chapter 3.50 of the Zoning Ordinance.

G. HHC means the Santa Clara County Historical Heritage Commission established pursuant to Chapter V of Division A6 of the County Ordinance Code.

H. Heritage resource inventory means a compilation of historic resources located in unincorporated Santa Clara County which are listed in federal or state registers or have been designated as a Landmark pursuant to this Chapter, a -h Historic Preservation Combining District pursuant to Chapter 3.50 of the Zoning Ordinance, or a heritage tree pursuant to Division C16 of the Santa Clara County Ordinance Code, or that potentially meet the designation criteria outlined in Article II of this Chapter, Chapter 3.50 of the Zoning Ordinance or Division C16 of the County Code. This definition does not prevent the County from exercising jurisdiction in the event of proposed annexation.

I. Heritage tree means a tree designated as a heritage tree pursuant to Division C16 of the County Ordinance Code.

J. Historic resource means any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in Article II of this chapter, Chapter 3.50 of the Zoning Ordinance or Division C16 of the County Code, or that is listed in a federal or state register.

K. Historic resources survey means a) the process of systematically identifying, researching, photographing, and documenting historic resources within a defined geographic area, and b) the resulting list of evaluated properties that may be consulted for future designation. All surveys shall be conducted in accordance with the Secretary of the Interior's Standards and Guidelines for Identification and Evaluation, as may be amended.

L. Integrity means the authenticity of a resource's historic identity, evidenced by the survival of physical characteristics that existed during the resource's historic or prehistoric period.

M. Landmark means a historic resource designated as a landmark by the County of Santa Clara pursuant to the provisions of Article III of this chapter.

N. Landmark alteration permit means a permit approving an alteration to or demolition of a landmark, or demolition of a historic resource listed in the heritage resource inventory pursuant to the provisions of this chapter.

O. Mills Act means California Government Code Sections 50280 et seq., as it may be amended.

P. National Register of Historic Places means the official inventory of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq., 36 C.F.R. Sections 60, 63).

Q. Non-contributing means a feature, addition or building, structure, object or site which does not add to the sense of historical authenticity or evolution of an historic resource or landmark or where the location, design, setting, materials, workmanship, history, and/or association of the feature, addition or building, structure, object or site has been so altered or deteriorated that the overall integrity of that historic resource or landmark has been irretrievably lost.

R. Object (as applied in the context of this chapter) means a construction, such as a statue, monument or milepost that may be, by nature of design, moveable yet related to a specific setting or environment.

S. Owner means the person(s) whose name appears as the owner of a property on the last tax assessment roll of Santa Clara County.

T. Preventative maintenance means any work to prevent deterioration or damage to the structural integrity or any exterior feature of a landmark or historic resource that does not involve a change in design, material or exterior appearance. Such work includes, but is not limited to, painting, roof repair, foundation or chimney work, or landscape maintenance.

U. Qualified historical building or property for the purposes of the State Historical Building Code means any building, site structure, object, district or collection of structures, and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal government jurisdiction. This shall include designated buildings or properties on, or determined to be eligible for, official national, state or local historical registers or official inventories such as the National Register of Historic Places, California Register of Historical Resources, State Historic Landmarks, State Points of Historical Interest, and officially adopted county registers, inventories, or surveys of historical or architecturally significant sites, places or landmarks.

V. Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings means the illustrated version of the Standards and Guidelines for Rehabilitation developed by the Technical Preservation Services Branch, Preservation Assistance Division of the National Park Service, as it may be amended.

W. Secretary of the Interior's Standards for the Treatment of Historic Properties means principles developed by the National Park Service (36 C.F.R. 68.3, as it may be amended from time to time) to help protect historic properties by promoting consistent preservation practices and providing guidance to historic building owners and building managers, preservation consultants, architects, contractors, and project reviewers on how to approach the treatment of historic properties. The Secretary of the Interior Standards for the Treatment of Historic Properties may also be referred to in this chapter as "Secretary of the Interior's Standards."

X. Site (as applied in the context of this chapter) means the location of a significant event, a prehistoric or historic occupation or activity, building or structure, whether standing, ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing buildings, structures or objects. Examples of a site are a battlefield, designed landscape, trail, or camp site.

Y. State Historical Building Code means California Code of Regulations, Part 8 of Title 24 (California Building Standards Code), as it may be amended.

Z. Structure (as applied in the context of this chapter) means a functional, man-made construction, such as, but not limited to, a fence, bridge, water tank tower, or tunnel, typically made for purposes other than creating shelter.

(Ord. No. NS-1100.96, 10-17-06)

A. In order to help carry out the goals and policies of the County's General Plan, and in particular, to further the purposes of this chapter, an inventory of historic resources and designated Landmarks shall be maintained. This inventory shall be known as the heritage resource inventory. The heritage resource inventory shall serve as a resource document which can be added to and used as a foundation for the future designation of landmarks, heritage trees and -h Historic Preservation Combining Districts, and evaluating proposed development of historic resources identified therein.

B. Historic resource surveys shall be conducted by the County in accordance with the Secretary of the Interior's Standards and Guidelines for Identification and Evaluation, as may be amended. In order to identify and evaluate the significance of a building, structure, site or object the following information is documented: 1) description of the property's physical appearance, 2) assessment of its historic, architectural, or archeological integrity; 3) statement of its significance, 4) map with clearly delineated boundaries, and 5) photographs. The survey results in a list of evaluated properties that may be consulted for future designation. The survey process shall involve public participation and the evaluation results shall be made available to the public.

C. Historic resources evaluated in a historic resource survey that potentially meet the designation criteria outlined in Article II of this Chapter, Chapter 3.50 of the Zoning Ordinance or Division C16 of the County Code or listed in federal or state registers may be added to the heritage resource inventory by the Board of Supervisors with consideration of a recommendation by the HHC. Notice shall be provided by mail to the property owner and occupant of the subject historic resource at least 30 days prior to the scheduled HHC and Board of Supervisors meetings, in accordance with all applicable laws. Notice shall include the date, time and place of the meeting, a general explanation of the proposed listing to be considered, and a general description of the property location.

D. The heritage resource inventory shall be kept on file in the Department of Planning and Development and reviewed every five years, and revised if necessary, to ensure that the document remains up to date according to current preservation planning practice.

(Ord. No. NS-1100.96, 10-17-06)