Santa Clara County Municipal Code Art. III Landmark Alteration Permits

This article sets forth the process of obtaining a landmark alteration permit for the purpose of authorizing proposed work on a designated landmark. A landmark alteration permit is required for any alteration to or demolition of a landmark. Approval of such work shall be required even if no other permits or entitlements are required by the County. The issuance of a landmark alteration permit is not required for preventative maintenance or interior work that does not affect the appearance of the exterior.

A landmark alteration permit is also required when demolition is proposed for an undesignated historic resource listed in the heritage resource inventory, including all properties within a -h Historic Preservation Combining District, and determined to meet the criteria of significance for a Landmark or -h Historic Preservation Combining District, as prescribed in Article IV.

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

The owner or authorized representative proposing alterations to or demolition of a designated landmark as described in this chapter shall file an application for a landmark alteration permit with the Department of Planning and Development on forms provided for such purpose. The application shall be accompanied by material required in application forms provided by the Department of Planning and Development and a non-refundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors. As soon thereafter as practicable after the application is deemed complete, the application shall be forwarded to the HHC for its review and recommendation at a public hearing.

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

The HHC shall have the authority to recommend the approval, approval with conditions, or denial of a landmark alteration permit, except as provided for in Section C17-17. The required public notice of the HHC hearing on the review and recommendation of a landmark alteration permit shall be provided according to the provisions outlined in Section C17-8. At such hearing, the applicant and other interested parties shall have the right to present evidence regarding the application for the landmark alteration permit. The HHC may continue the public hearing until its next regular meeting or may defer action after closing the public hearing until its next regular meeting. Final action by the HHC shall not be deferred longer than 90 days after the date on which the public hearing on the landmark alteration permit was initially held.

A. The HHC may recommend approval of the landmark alteration permit as requested, or recommend approval with changes which may be necessary to enable the applicant to meet the required permit findings, or it may recommend denial of the application. The recommendation of the HHC shall be in writing and shall state the findings of fact and reasons relied upon to reach the recommendation, and such recommendation shall be forwarded to the Department of Planning and Development.

B. The department director shall act on the landmark alteration permit application within 15 days of the hearing at which the recommendation was made by the HHC. The decision of the department director shall be final unless appealed as provided for in Section C17-19. If the landmark alteration permit application is for property owned or leased by the County, the Board of Supervisors shall be the sole decision-making authority for the application and shall not be subject to any time limit to act on the application after the HHC makes its recommendation.

C. A landmark alteration permit should not be denied if that denial would result in depriving the owner of all reasonable use of, or return on, the property. The applicant may apply for a determination of hardship as prescribed in Section C17-18.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.132, § 1, 10-20-20)

In order to approve a landmark alteration permit, the department director or designee, or Board of Supervisors, shall make one or more of the following findings:

A. The landmark alteration permit has been conditioned upon all alterations complying with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings, as the department director or designee, or Board of Supervisors, deems reasonably necessary to secure the purposes of this chapter, and with the California Historical Building Code and the California Health and Safety Code Section 18950 et seq., as amended, and applied to the project by the Building Official.

B. The proposed alteration or demolition would not destroy or have a significant adverse effect on the integrity of the designated landmark, and the landmark will retain the essential elements that make it significant.

C. In the case of any proposed alteration that includes detached new construction on the designated landmark site, the exterior features of such new construction would not have a significant adverse effect or be incompatible with the exterior features of the designated landmark.

D. There is no feasible alternative that would avoid the significant adverse effect on the integrity of the designated landmark. The owner shall provide facts and substantial evidence demonstrating that there is no feasible alternative to the proposed alteration or demolition that would preserve the integrity of the designated landmark. In the case of demolition, up to a six-month waiting period may be imposed by the Board of Supervisors from the date of the HHC hearing at which the HHC recommendation was made.

If the department director or designee, or Board of Supervisors, cannot make one or more of the above findings, the landmark alteration permit may be denied.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.132, § 2, 10-20-20)

Applicants may obtain a landmark alteration permit by going through small project review if the proposed alteration or demolition is determined eligible for such review. After the application for small project review is deemed complete by the Department of Planning and Development, the department director or designee shall evaluate the application within ten working days to determine its eligibility for small project review which includes the following:

A. Demolition or removal of non-contributing features, including, but not limited to, non-contributing additions, garages, accessory structures or incompatible, previously replaced windows, doors or siding material;

B. Any undertaking that does not change exterior features, including but not limited to, re-roofing if the roofing material is compatible in appearance, color and profile to the existing or original roofing material;

C. Replacement of windows and doors if the proposed replacements match the existing or original windows and doors;

D. Addition less than 200 square feet proposed for side or rear elevations; and

E. Any other undertaking determined by the department director or designee to not materially alter the features or have an adverse effect on the integrity of a landmark.

If the proposed alteration or demolition meets the small project review eligibility criteria and is deemed to be consistent with the Secretary of the Interior's Standards, the department director or designee may approve the landmark alteration permit and notify the HHC of such action. If a landmark alteration permit is granted under small project review, no public hearing shall be required.

If the proposed alteration or demolition does not meet the small project review eligibility criteria and/or is not consistent with the Secretary of the Interior's Standards, the department director or designee shall forward the application to the HHC for its review and recommendation according to the standard landmark alteration permit process.

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

A Determination of hardship application may be filed by an owner of a designated landmark where, in the owner's opinion, the owner has been denied, or will be denied, all reasonable use of, or return on, the subject property. Application shall be made to the Department of Planning and Development on forms provided for such purpose and shall be accompanied by a non-refundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors. The application shall be noticed and placed on the agenda of the Board of Supervisors for its determination in the same manner prescribed in Section C17-15. The applicant shall present facts and substantial evidence to support the request for a determination of hardship. Following consideration of relevant information and evidence concerning the application for determination of hardship, the Board of Supervisors may make one of the following findings:

A. The property owner has been denied, all reasonable use of or return from the designated landmark or undesignated historic resource listed in the Heritage Resource Inventory as a direct result of the denial of the Landmark Alteration Permit. The Board of Supervisors may also recommend relevant conditions be placed on the issuance of the related permit. The department director or designee shall then issue a determination of hardship approving the proposed alteration or demolition, or approving the proposed alteration or demolition with conditions; or

B. The property owner retains reasonable use of, or return from, the designated landmark or undesignated historic resource listed in the heritage resource inventory despite the denial of the proposed alteration or demolition.

Upon direction by the Board of Supervisors, the department director or designee shall grant, grant with conditions or deny the application for a determination of hardship and notify the applicant by mail of the determination.

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

Any interested person who is dissatisfied by the decision of the department director or designee may appeal the determination to the Board of Supervisors. Appeals shall be submitted in writing not more than 15 days following the date the action was taken by the department director or designee. Appeals shall be submitted to the department director or designee and shall specify the action being appealed and the grounds or reasons for the appeal. Minutes of the hearing, actions, records of the HHC, and all documents pertaining thereto shall be provided to the Department of Planning and Development. The appellant shall pay a nonrefundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors.

A. The department director or designee shall mail a copy of the notice of appeal to all parties of record which shall include the date, time and place when the appeal will be presented to the Board of Supervisors. Failure to receive a mailed notice shall not invalidate the actions of the Board of Supervisors taken as a result of the appeal.

B. Within 30 days of the notice to appeal, or as soon thereafter as is practicable, the Board of Supervisors shall hold a de novo hearing on the landmark alteration permit and shall approve, approve with conditions or deny the permit.

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

A landmark alteration permit shall remain valid for a period of two years (unless a different period was specified as a condition of approval) following the date the department director or designee or Board of Supervisors approves the permit. If the landmark alteration permit or any action related to the project for which the landmark alteration permit was issued is the subject of a judicial challenge, the landmark alteration permit shall remain valid until two years after all judicial proceedings are final. Time extensions for similar time periods may be subsequently granted by the department director or designee upon application prior to expiration of the landmark alteration permit.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.132, § 3, 10-20-20)

The department director or designee may, in writing, revoke a landmark alteration permit for reasons of 1) non-compliance with any terms or conditions of the landmark alteration permit; or 2) finding of fraud or misrepresentation used in the process of obtaining the landmark alteration permit.

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

Properties subject to the Stanford University General Use Permit ("GUP") shall be subject to the provisions and regulations of said permit rather than this chapter for as long as the GUP, or any equivalently protective permit is in effect with the following exception: The various provisions of this chapter shall apply to the GUP properties where this division imposes additional processes or protections not reasonably similar to those found in the GUP.

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