Santa Clara County Municipal Code Art. II Landmark Designation

For the purposes of this Chapter, the Board of Supervisors may designate those historic resources as "landmarks" which meet the following designation criteria:

A. Fifty years or older. If less than 50 years old, sufficient time must have passed to obtain a scholarly perspective on the events or individuals associated with the historic resource and/or the historic resource is a distinctive or important example of its type or style; and

B. Retains historic integrity. If a historic resource was moved to prevent demolition at its former location, it may still be considered eligible if the new location is compatible with the original character of the property; and

C. Meets one or more of the following criteria of significance:

1. Associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States;

2. Associated with the lives of persons important to local, California or national history;

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

4. Yielded or has the potential to yield information important to the pre-history or history of the local area, California, or the nation.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

A. Designation may be initiated by any of the following parties:

1. Owner(s) of the historic resource proposed for designation or authorized representative of the owner; or

2. Historical Heritage Commission; or

3. Board of Supervisors.

B. If designation is initiated by the owner, an application for designation shall be made to the Department of Planning and Development through submittal of the prescribed application form accompanied by a non-refundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors and supporting documentation including, but not limited to, State of California DPR 523 series forms or other historic resource inventory forms as may be approved by the State. Such documentation must be prepared 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. At the time of submission of the application for landmark designation, the owner must provide written consent to the designation on a form supplied by the County.

C. If the application is determined to be incomplete, it shall be returned to the applicant and the applicant requested to submit the documentation necessary to complete the application. No additional filing fee will be required.

D. The application shall indicate the parameters of the historic resource that is being nominated, specifying any related structures or landscape that is to be included for consideration.

E. If designation is initiated by the HHC or Board of Supervisors, such designation must be by motion or resolution passed at a noticed public meeting based upon findings that the same documentation required for an owner-initiated designation has been prepared, the documentation is complete, and the historic resource potentially meets the requirements as a Landmark pursuant to this Chapter. The Department of Planning and Development or Clerk of the Board of Supervisors shall notify the owner and the occupants of property by certified mail 30 days prior to the HHC or Board of Supervisors meeting regarding initiation of designation and shall request written consent for landmark designation from the owner on a form supplied by the County.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

Except as provided in Section C17-30 of this Chapter, no permit for the alteration or demolition of any historic resource for which a completed owner-initiated application for Landmark designation has been accepted by the Department of Planning and Development, or for which the HHC or Board has initiated designation by motion or resolution pursuant to this Chapter shall be issued unless and until a landmark alteration permit is issued pursuant to the procedures set forth in Article III.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

Any public notice of a hearing required by this chapter shall be provided at least ten days prior to the scheduled hearing, in accordance with all applicable state laws. Notice shall include the date, time and place of the hearing, a general explanation of the matter to be considered, and a general description (text or diagram) of the property location. Notice shall be mailed or delivered to the following:

A. The applicant, at the address shown on the application, and all owners and occupants of the subject property(s) at the address shown on the most current property tax roll of Santa Clara County;

B. Any person who has filed a written request for notice on the particular application with either the Department of Planning and Development or Clerk of the Board of Supervisors; and

C. The owners and occupants of all real property located within 300 feet of the subject property boundaries at the address shown on the most current property tax roll of Santa Clara County, or of a neighboring county. If there are fewer than 24 properties within 300 feet, the notification shall be extended to include the 24 closest property owners and occupants of said properties.

If designation is initiated by the HHC or Board of Supervisors, notice shall be sent by certified mail to all owners and occupants of the subject property(s) at the address shown on the most current property tax roll of Santa Clara County. Such notice shall be in addition to the requirements outlined in subsections A, B and C above.

The County may in its discretion provide additional notice beyond that specified in this section.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

A. A hearing on the application for designation shall be scheduled and a recommendation by the HHC to the Board of Supervisors shall be made within 60 days of the date that the application is determined to be complete, or within 60 days of the date that the HHC or Board of Supervisors initiated the proposed designation. If the HHC cannot act within the timeframe, the owner may request that the proposed designation be transmitted directly to the Board of Supervisors for its determination.

B. Notice of the public hearing shall be provided pursuant to Section C17-8.

C. A staff report concerning the historic resource proposed for designation shall be provided to the HHC. Any appropriate historical society, individual who may have special knowledge about the historic resource that is the subject of the application under consideration (including the owner), and/or any public agency may be consulted to assist in the preparation of the report. The report shall address the significance and integrity of the historic resource as it relates to the designation criteria, provide other relevant information, and include a recommendation concerning the application and the basis therefore. The staff report shall also state whether the owner of the property supports or objects to the proposed designation.

D. The HHC shall conduct a public hearing and consider any evidence or input offered at the hearing. Reasonable opportunity shall be provided for interested parties to express their opinions regarding the proposed designation; however, nothing contained herein shall be construed to prevent the HHC from establishing reasonable rules to govern the proceedings of the hearing(s), or from establishing reasonable limits on the length of individual presentations.

E. The HHC shall recommend to the Board of Supervisors approval, modification or denial of the designation proposal. No proposal may be extended beyond the boundaries of the land described in the owner-initiated application for designation or described by the documentation provided to the HHC or the Board of Supervisors if designation was initiated by the HHC or the Board, unless the preliminary determination and hearing procedure is repeated for the enlarged boundaries. Any recommendation by the HHC shall be supported by substantial evidence that the historic resource meets the Landmark designation criteria set forth in Section C17-5 and the minutes shall reflect the factual basis upon which the recommendation was made. The HHC shall also report to the Board of Supervisors whether the owner has provided written consent to designate the historic resource a landmark. If ownership of the historic resource changes prior to the HHC hearing, the old or new owner shall notify the County of the change and the new owner shall submit a copy of the recorded deed to the Department of Planning and Development and must provide written consent to the proposed landmark designation on a form supplied by the County prior to the action of the HHC at the public hearing. The County shall contact the owner at least seven days before the HHC hearing to verify that no change in ownership has occurred.

F. A transmittal setting forth the findings and recommendation of the HHC shall be prepared and submitted to the Board of Supervisors for consideration. The HHC's records shall include a record of the public hearing speakers.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

A. Within 30 days of receipt of the transmittal by the Clerk of the Board of Supervisors, or as soon thereafter [as] is practicable, a hearing shall be set by the Clerk of the Board and held by the Board of Supervisors.

B. Notice of the public hearing shall be provided pursuant to Section C17-8. The Board of Supervisors may give such other notice as it deems appropriate or desirable.

C. The Board of Supervisors shall conduct a public hearing on the proposed landmark designation. The Board of Supervisors shall consider the recommendation of the HHC, open the public hearing, receive written and oral testimony, close the public hearing, and deliberate on the question of whether the landmark designation should be approved or denied. If ownership of the historic resource changes after the HHC hearing, the old or new owner shall notify the County of the change and the new owner shall submit a copy of the recorded deed to the Clerk of the Board of Supervisors and provide written consent to the proposed landmark designation on a form supplied by the County prior to the action of the Board of Supervisors at the public hearing. The County shall conduct an independent check on deed records at least seven days before the Board of Supervisors hearing to verify that no change in ownership has occurred.

D. At the conclusion of the public hearing, the Board of Supervisors shall adopt, modify or deny the recommended landmark designation. The historic resource shall not be designated a landmark pursuant to this Chapter if the owner does not provide written consent to the landmark designation prior to the action of the Board of Supervisors. Adoption of the designation, in whole, in part or as modified, shall be made by resolution which shall contain findings by the Board of Supervisors supported by substantial evidence that the landmark designated property satisfies the designation criteria set forth in this Chapter.

E. A historic resource found by resolution to meet the landmark designation criteria shall thereafter be listed in the heritage resource inventory as a landmark and shall be subject to the provisions and entitled to pursue the incentives set forth in this Chapter.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

A. Following adoption by the Board of Supervisors of the resolution designating the landmark, notice and a copy of the findings shall be sent by first class mail to the owner(s) and occupants of the designated landmark. Notice shall inform such owners and occupants that the designated landmark will be listed in the heritage resource inventory and subject to the provisions set forth in this chapter. Staff shall also notify the HHC and any agency or department of the County requesting such notice.

B. A certified copy of the resolution designating the landmark, or notice of the designation, complete legal description of the landmark and citing of the resolution and effective date thereof shall be recorded in the records of the County Recorder. Failure to record with the County Recorder does not invalidate the requirements of this chapter.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

A. Designation may be repealed or amended in the same manner and procedure as was followed in landmark designation. The action shall result from new information, the discovery of earlier misinformation or change of original circumstances, conditions or factors that justified the designation.

B. Notice of the repeal or amendment shall be sent to the same persons or other parties as set forth in Section C17-8 and the resolution shall be repealed or amended accordingly.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)