§ 1500-08-050. Historic Preservation Combining District

A.

Purpose. The Historic Preservation Combining District (-HP) is intended to implement the Cultural Resource policies of the General Plan; to promote the preservation, rehabilitation, restoration, reconstruction, and protection of historic and cultural resources; to encourage and promote public knowledge, understanding, appreciation of the County's history; to promote appreciation and use of historic resources; to encourage preservation of resources, which may potentially be considered eligible for historic preservation zoning; to promote public awareness of the benefits of preservation; and to encourage public participation in identifying and preserving historic resources, thereby increasing community pride and awareness of the County's cultural and historical heritage.

B.

District Specific Definitions. For the purposes of this section, the following definitions apply:

1.

Historic Building or Structure. A building or structure that is located on property that has been recognized by the Board of Supervisors by being rezoned to the -HP Combining District.

2.

Qualified Historical Property.

a.

A property listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations; or

b.

A property listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

3.

Qualified Professional. An individual meeting the Secretary of the Interior's Professional Qualifications Standards (36 CFR Part 61 Appendix A) in history, architectural history, and historic architecture or an individual determined by the Director to have the necessary qualifications equivalent to the above standards based on demonstrated experience in history, architectural history, and historic architecture.

C.

Establishment of Historic Preservation Designation. The -HP Combining District may be combined with any other zoning district and can be applied to land to satisfy the purposes of this Section pursuant to approval of a rezoning application. Requests to establish a -HP Combining District designation on a property shall be accomplished by submitting a rezone application to the Planning Division together with the following information:

1.

Property owner(s) proposing to designate a property Historic Preservation but who do not wish to participate in the Mills Act shall submit the following information together with a rezone application to the Planning Division:

a.

A statement of the current and proposed usage of the property or site.

b.

A site plan, drawn to an engineer's scale, showing:

i.

The boundaries of the property; and

ii.

The location of all improvements on the site.

c.

A statement explaining why the property should be designated for historic preservation and how it is intended to preserve the building or site.

d.

Photograph(s) depicting the historic building or structure.

e.

Application shall be accompanied by a fee as established by resolution of the Board of Supervisors.

2.

Following the submittal of an application to rezone property to the -HP Combining District, the proposal shall be forwarded to the Historic Preservation Review Committee for review, consistent with Article 23, to determine if the historic resource is a candidate for the -HP Combining District designation and what character defining features exist on the structure that should be preserved.

3.

Property owner(s) proposing to designate a property -HP Combining District and who propose to participate in the Mills Act shall submit the following information together with a rezone application to the Planning Division:

a.

A statement of the current and proposed usage of the property or site.

b.

A site plan, drawn to an engineer's scale, showing:

i.

The boundaries of the property; and

ii.

The location of all improvements on the site.

c.

A report, prepared by a qualified professional, detailing the cultural, architectural or historical significance of the site to the history of Sutter County. If the subject property is listed in the National Register of Historic Places or listed in any state official register of historical or architecturally significant sites, places or landmarks, information regarding such registration shall be submitted together with the report.

d.

A plan for preservation of the site including a schedule of maintenance work to be conducted. If there is a plan for restoration or rehabilitation, cost estimates and a time-line for the completion of each item of work shall be included. All work must conform to the United States Secretary of the Interior's Standards for Rehabilitation and the State Historical Building Code.

e.

Photograph(s) depicting the historic building or structure.

f.

Application shall be accompanied by a fee as established by resolution of the Board of Supervisors.

4.

In order to qualify for a Mills Act contract, the subject property shall meet the definition of a qualified historical property and shall conform to the County's Mills Act Historic Resource Preservation Rules of Procedure. Property that is rezoned to the -HP Combining District is considered to have met the definition of a qualified historic property.

Rezone applications shall be processed in accordance with Section 1500-25-070.

D.

Disestablishment of a Historic Preservation Combining District.

1.

If the subject property is encumbered by a Mills Act Contract, the property owner shall first either obtain a cancellation of the contract by approval of the Board of Supervisors and pay a penalty fee as required by the Government Code, or shall file a Notice of Non-renewal and the contract shall have expired before an application to rezone the property from the -HP Combining District can be submitted to the Planning Division.

2.

Requests to rezone property from the -HP Combining District designation shall be accomplished by submitting a rezone application to the Planning Division along with the following items:

a.

A statement of the current and proposed usage of the property or site.

b.

A site plan, drawn to an engineer's scale, showing:

i.

The boundaries of the property; and

ii.

The location of all improvements on the site.

c.

A report prepared by a qualified professional, detailing why the site, building or structure is not or is no longer of cultural or historical significance to the history of Sutter County.

d.

Photograph(s) depicting the historic building or structure.

e.

Application shall be accompanied by a fee as established by resolution of the Board of Supervisors.

Rezone application shall be processed in accordance with Section 1500-25-070.

E.

Development Standards.

1.

All uses and development standards which are permitted and applicable in the base district to which the -HP Combining District is applied, including uses which are only allowed by Use Permit, shall be permitted providing it is demonstrated that those uses do not adversely affect the historic or cultural site or building involved.

2.

Towers, spires, chimneys, machinery penthouses, cupolas, water tanks, and similar architectural structures may be built and used to a height not more than twenty-five (25) feet above the height limit established for the district in which the historic building or structure is located, provided, however, photographs or other documentation, acceptable to the Director, is submitted demonstrating that the architectural feature or structure in question was originally a part of the historic building or structure. The above height limitations shall be subject to laws and regulations of the State and Federal Government.

F.

Historic Preservation Incentive Program. The Board of Supervisors may provide incentives to properties designated -HP Combining District. The incentives shall be identified, and made available through a resolution approved by the Board of Supervisors and modified from time to time as the Board deems appropriate.

G.

Removal and Relocation Permitting Requirements.

1.

A Removal and Relocation permit shall be approved prior to the removal of a historic building or structure on property which is designated -HP Combining District, together with an appropriate environmental document by the Planning Commission.

2.

A property owner shall first rezone the property where the historic building will be relocated to the -HP Combining District, prior to relocating a historic building located on land designated Historic Preservation. In addition, the property owner shall secure all required permits necessary to transport the building on local roads and State Highways.

3.

At the time the County considers rezoning a property to the -HP Combining District for the purposes of relocating a historic building to it, the Board of Supervisors may consider removing the Historic Preservation designation from the property where the historic building will be relocated from. This action may be accomplished by filing a single rezone application to the Planning Division that includes both properties that are to be considered.

H.

Historic Preservation Design Review Requirements.

1.

Applicability. Exterior modifications that require a building permit to a recognized historic building within the -HP Combining District shall be subject to an Administrative Permit design review. Applications for Administrative Permit design reviews shall be accompanied by a fee as established by resolution of the Board of Supervisors.

2.

Administrative Permit Process. Applicants requesting a building permit on property that is designated -HP Combining District shall provide elevation views for all portions of the recognized historic structure that is subject to alteration. The views shall clearly depict all proposed changes to the exterior of the historic building or structure.

Staff shall review the proposed alterations to a historic building or structure against the report prepared by a qualified professional at the time the historic building was rezoned to the -HP Combining District. In addition, the proposed alterations shall be reviewed against the Secretary of the Interior's Standards for the Rehabilitation of Historic buildings. Implementation of the Secretary of the Interior's Standards for the Rehabilitation of historic buildings shall not conflict with the permitted uses specified in the underlying zoning of the property. If architectural features identified as historically significant are proposed to be altered, all proposed changes shall maintain the character defining features as discussed or depicted in the report that has been previously prepared for the historic structure.

If after reviewing a proposal, staff determines that proposed changes to a historic building or structure, located on property that is zoned -HP Combing District, will maintain the character defining features of the historic building or structure, the Director, or their designee, may approve or conditionally approve an Administrative Permit for the proposal.

If after reviewing a proposal, staff determines that proposed changes to a historic building or structure may not maintain the character defining features of the historic building or structure, the proposal shall be forwarded to the Historic Preservation Review Committee for review and determination.

I.

Historic Preservation Review Committee. The Historic Preservation Review Committee shall consist of three persons, appointed by and serve at the pleasure of the Board of Supervisors. In addition, three alternate Committee members shall be appointed by the Board of Supervisors and serve in the absence of a regular Committee member. Committee members shall have knowledge of architecture, historic preservation, history or a combination of knowledge determined by the Board of Supervisors as acceptable for providing recommendations regarding historic preservation issues. A quorum shall consist of three Committee members being present. This Committee is subject to the Brown Act.

1.

Committee Action Regarding Historic Structure Modifications. If a quorum of Committee or alternate Committee members cannot be convened within a two week period from the time a meeting is determined to be necessary, the Director may convene the meeting with those available Committee members. After reviewing the information and receiving input from the Committee members present, the Director shall determine proposed actions the applicant can take in order to maintain the character defining features of a historic structure consistent with the County's historic structure database and may approve or conditionally approve an Administrative Permit for the proposal.

The Committee shall meet as necessary to review and provide determinations to applicants and staff regarding proposed changes to historic structures.

All pertinent information deemed necessary by the Director, or their designee, shall be supplied by the building permit applicant and forwarded to the Committee members by staff for review prior to Committee meetings.

The Committee shall review and discuss with the applicant and staff the issues associated with modifying a recognized historic structure. The Committee shall determine proposed actions the applicant can take in order to maintain the character defining features of a historic structure consistent with the County's historic structure database.

All determinations made by the Committee shall be transmitted to the property owner in writing. Any determination made by the Historic Preservation Review Committee, or the Director shall be subject to appeal to the Board of Supervisors pursuant to Section 1500-23-080.

2.

Committee Action for Application to the Historic Preservation Combining District. Prior to the submittal of an application to rezone property to the -HP Combining District by applicants who do not wish to participate in the Mills Act, the proposal shall first be reviewed by the Historic Preservation Review Committee and a report shall be prepared by the Planning Division based upon the Committee's determinations.

The Committee shall meet as necessary to review and provide determinations detailing why a potential historic building or structure is a candidate for the Historic Preservation Combining District designation and what the character defining features are of the historic building or structure that should be preserved.

A quorum of the Committee shall consist of three members being present and all Committee determinations shall be made by at least two of three Committee members.

Based upon the Committee's determination regarding why a historic resource is a candidate for the -HP Combining District designation and what the character defining features are of the building that should be preserved, Planning Division staff shall prepare a report of this information.

The report shall be transmitted to the property owner in writing within 20 days of the date the Committee makes its determinations. Any determination made by the Historic Preservation Review Committee shall be subject to appeal to the Board of Supervisors pursuant to Section 1500-23-080.

J.

Historic Identification Plaques. Regardless of any other provision of this Section to the contrary, non-illuminated historic identification plaques as approved by the Board of Supervisors are permitted to be installed on structures located on property that have been zoned to have the -HP Combining District. Such plaques shall not exceed two square feet in size.