New Neighborhood Voice

November 2, 2003

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Comparison of Historic Preservation Policy Area
with Current and Proposed Santa Clara County
Requirements and Codified Requirements of
 Other Jurisdictions in Northern California

Table 3 - Types of Actions Reviewable by Commission

Table 1 - Good Repair and Penalties/Enforcement
Table 2 - Designation, Classification/Criteria and Initiation
Table 3 (Below) - Types of Actions Reviewable by Commission

Jurisdictions Covered in Tables

Current Santa Clara County Regulations
Proposed Santa Clara County Historic Preservation Ordinance
State Historic Preservation Office Requirements
City of San Jose (ordinance adopted in 1975)
Town of Danville (ordinance adopted in 1993)
City of Davis
City of Eureka (ordinance adopted in 1997)
City of Fresno (ordinance adopted 1999)
Town of Los Gatos (ordinance adopted in 1998)
County of Monterey (ordinance adopted in 2000)
City of Sacramento (ordinance adopted in 2001)
County of Santa Cruz (ordinance adopted in 2000)

Provided to NNV 10/24/03 by Dana A. Peak, Historical Heritage Coordinator, Santa Clara County Planning Office, 70 West Hedding Street, East Wing - 7th floor, San Jose, CA 95110, Voice: (408) 299-5798, Fax: (408) 288-9198, E-mail: dana.peak@pln.co.scl.ca.us, Website: www.sccplanning.org. 
Click here for more information on CEQA.

Jurisdiction

Types of Actions Reviewable by Commission

Current Santa Clara County Regulations

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 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE
Review of discretionary permits that involve historic resources (as defined by CEQA) when a project proposes substantial adverse impact to the resource.

SECTION C1-91. DESIGNATED HERITAGE RESOURCES.

  1. No permit for demolition of any structure which is a designated heritage resource shall be issued unless the board of supervisors has determined that there is no feasible alternative to demolition of the structure or that the public health and safety requires demolition of the structure. A designated heritage resource is defined as any structure listed in the county heritage resource inventory or the country general plan.
  2. All applications for demolition permits shall be referred to the planning department for a determination whether the structure is a designated heritage resource. Upon such a determination, the application shall be referred to the historical heritage commission for review. The historical heritage commission shall make a written recommendation to the board of supervisors on the application within forty-five (45) days of the date on which the application was referred to it. Upon receipt of the recommendation of the commission, the clerk of the board of supervisors shall schedule a public hearing on the application and provide the applicant with ten (10) days written notice of such hearing.
  3. In the event the board of supervisors determines that there is no feasible alternative to demolition of the structure for which an application has been filed, issuance of a permit may be conditioned on a deferral of demolition for a period not to exceed one hundred eighty (180) days from the initial date of application to allow for consideration of acquisition or alternative disposition by interested public or private agencies.
  4. Not withstanding the foregoing, the board of supervisors may authorize issuance of a demolition permit for a structure which is a part of a registered historic place without referral to the historical heritage commission whenever the board of supervisors finds that immediate demolition of the structure is required to preserve the public health and safety.

Proposed Santa Clara County Historic Preservation Ordinance

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 CERTIFICATES OF APPROPRIATENESS

LANDMARKS
A COA is required for any work affecting the exterior appearance and visual quality of a landmark. Approval of such work shall be required even if no other permits or entitlements are required by the county. Work includes, but is not limited to: exterior alteration, additions, new construction, demolition; and relocation.

HERITAGE PROPERTIES
A COA is only required for land development and building permit applications involving significant alteration to a heritage property. Work includes, but is not limited to: additions exceeding 200 square feet; reconstruction of roof resulting in a change in the roof pitch or shape; modification or relocation of window and door openings on the primary façade; removal or enclosure of a porch on the primary façade with a non-transparent material; substantial change in exterior materials (eg. wood siding to stucco, clay tile to composition shingle); construction of a new, detached building; and demolition.

UNDESIGNATED PROPERTIES
A COA is required for undesignated cultural resources that have been determined through the land development and building permit application screening process, as prescribed in Article IV, to meet the criteria for landmark designation.

State Historic Preservation Office Requirements

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 Requires criteria for actions subject to review procedures
(determined by local government)

City of San Jose
(ordinance adopted in 1975)

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 HISTORIC PRESERVATION PERMITS.
COMPLIANCE REQUIRED.
No person shall perform any work or cause any work to be performed on a city landmark to and in compliance with the provisions of this chapter and pursuant to and in compliance with the terms and conditions of a permit issued thereunder, hereinafter called "historic preservation permit." Work shall include any and all of the following: construction, reconstruction, alteration, basic color change, repair, rehabilitation, restoration, remodeling, or any other change to the exterior of any structure or any other similar activity, installation of new or additional pavement or sidewalks or the erection of new or additional structures, demolition, removal or relocation of any structure or portion thereof.

Town of Danville
(ordinance adopted in 1993)

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 CERTIFICATE REQUIRED
No person may alter the exterior or remove or relocate any improvement or any portion thereof, which has been designated a heritage resource without first obtaining a certificate of approval.

City of Davis

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 ALTERATION PERMITS
No exterior alterations shall be made by any person to a historical resource or an outstanding historical resource without an alteration permit approved by the historical resources management commission or on appeal by the city council, nor shall the building official or planning commission grant any permit to carry out such work on a historical resource or an outstanding historical resource without an alteration permit.

The historical resources management commission is hereby given the authority to delegate certain minor projects to the city staff for review and approval or denial. The Historical Resources Management Commission shall establish guidelines for such projects to be reviewed by city staff.

City of Eureka
(ordinance adopted in 1997)

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 ALTERATION AND DEMOLITION PROCEDURE
Any application to alter or demolish a designated property shall be made to the Historic Preservation Commission, in the form which that commission requires.

City of Fresno
(ordinance adopted 1999)

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 HISTORIC RESOURCE PERMIT REVIEW
It shall be unlawful for any person, corporation, association, partnership or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct or restore any Historic Resource without first obtaining a city permit and written approval of the Historic Preservation Commission.

HERITAGE PROPERTY PERMIT REVIEW
It shall be unlawful for any person to, corporation, association, partnership or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct or restore the Heritage Property without first obtaining a city permit and written approval of the Historic Preservation Commission.

Town of Los Gatos
(ordinance adopted in 1998)

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 CONFORMITY REQUIRED
Construction, alteration, demolition or removal work for which a Town permit is required is prohibited on a designated landmark site or in a designated historic district unless approval by the deciding body has been granted as provided.

PERMIT REQUIRED
No person shall do any work listed below without first obtaining the required planning approval:

  1. Exterior alteration to a designated landmark, property in a historic district or pre-1941 structure consisting of any construction, addition, demolition, restoration or rehabilitation.
  2. Interior alterations that would affect the exterior of a designated landmark, a structure in an historic district or a pre-1941 structure.
  3. Construction of any type on a landmark site or within a historic district unless excepted by the designating ordinance, or of a type which does not affect the exterior appearance of the site, district or any structure on the site or in the district.

County of Monterey
(ordinance adopted in 2000)

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 APPROVAL OF PERMITS.
Except as provided in Section 18.25.190, relating to demolition of historic structures, no regulated permit or entitlement shall be issued for any construction work on an historic resource or its site unless and until the issuance thereof occurs pursuant to the procedures set forth in this chapter.

City of Sacramento
(ordinance adopted in 2001)

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 CERTIFICATES OF APPROPRIATENESS
A certificate of appropriateness approved by the Preservation Director shall be required to undertake any of the work in Section 15.124.280. This requirement shall be in addition to any other permit or requirement by the City Code.

15.124.280. REVIEW REQUIRED FOR DEVELOPMENT PROJECTS INVOLVING LANDMARKS AND FOR DEMOLITION OF LANDMARKS
Except as provided below, review and approval by the Board or Director pursuant to this Chapter shall be required prior to commencement of the following:
Any Development Project involving a Landmark, Contributing Resource or Non-Contributing Resource, or pursuant to Sections 15.124.200 and 15.124.320, a Nominated Resource, which requires issuance of a City permit, including without limitation of the following:

  1. Building Permits, including but not limited to building permits for rehabilitation, new construction and demolition;
  2. Building move and relocation permits;
  3. Sewer connection or disconnection permits,;
  4. Sign permits;
  5. Certificates of Occupancy;
  6. Grading permits;
  7. Demolition permits, whether for full, major or partial demolition; or
  8. Encroachment permits.

Except as specified herein, any of the following work or improvements undertaken on either a Landmark, Contributing Resource or Non-Contributing Resource or pursuant to Sections 15.124.2000 and 15.124.320, a Nominated Resource:

  1. Installation or replacement of exterior windows or doors;
  2. Construction of new exterior fencing or walls or alteration of existing fences or walls;
  3. Replacement or alteration of exterior paint or other exterior architectural coating or treatment on a Landmark, where the exterior paint or other exterior architectural coating or treatment has been identified as a significant feature or characteristic of the Landmark.

Pursuant to Section 15.124.28, a Certificate of Appropriateness approved by the Preservation Director shall be required prior to undertaking any of the work specified above.

County of Santa Cruz
(ordinance adopted in 2000)

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 HISTORIC STRUCTURES AND OBJECTS
No person shall make or cause any material change to the exterior of an historical structure or object, demolish any portion of the exterior of an historical structure or object unless action is in conformance with a valid Historic Resources Preservation Plan approved by the Historic Resources Commission. In addition to these requirements, no relocation or demolition without reconstruction of an entire historic structure shall occur unless an Historical Documentation Report is submitted to and approved by the Historical Resources Commission concurrent with the review of the Historic Resource Preservation Plan.

HISTORIC PROPERTIES
No person shall make or cause on an historical property a material change to any structure on the property, or construct any new structure including any fence or deck unless such action is in conformance with a valid Historic Resources Preservation Plan approved by the Historic Resources Commission. Demolition or removal of non-historic structures on historic properties are exempt from the provisions of this Chapter.

HISTORIC SITES
For projects which will disturb or potentially disturb the ground of a designated historic site, an Historical Archaeologic Report shall be prepared and submitted with any applications for permits to develop the project. Permit applications shall be deemed incomplete until the Historic Archaeologic Report is prepared, submitted and accepted by the Planning Department. Any subsequent environmental review and permit approval of the project shall incorporate all appropriate recommendations contains in the Historic Archaeologic Report for protection of the archaeological resources of the site.

For more information on local ordinances: http://ohp.parks.ca.gov/default.asp?page_id=1243 

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Copyright© 2003 by Judy Thompson.  All rights reserved.