§ 22.14.080. Historic Site (H).

A.

Purpose. The Historic Site (H) combining designation is applied to recognize the importance of archeological sites and historic sites, structures and areas important to local, state, or national history. These standards are intended to protect archeological resources, historic structures and sites by requiring new uses and alterations to existing uses to be designed with consideration for preserving and protecting these resources.

B.

Minimum parcel size. The minimum size for a new parcel with an established structure and Historic Site combining designation shall be determined by Conditional Use Permit. Any parcel where the historic structure is located that is less than the minimum or what would otherwise be required for the applicable land use category can only be transferred to a valid tax-exempt charity under Internal Revenue code section 501(c)(3) or a public agency.

1.

Application content. The Conditional Use Permit application shall be accompanied by a statement from the applicant explaining why it is necessary to separate the existing historic structure from the surrounding ownership, and how such separation will support the restoration or continuation of the historic structure.

2.

Residential use prohibited. No residential use shall be established on the parcel where the historic structure is located if that parcel is smaller than the minimum parcel size or what would otherwise be required by Chapter 22.22 for the applicable land use category.

3.

Non-profit organization. If the parcel where the historic structure is located is smaller than the minimum parcel size or what would otherwise be required by Chapter 22.22 for the applicable land use category, that parcel shall only be transferred to a valid tax-exempt charity under Internal Revenue code section 501(c)(3) or a public agency. Evidence shall be submitted in the form of a letter from the Internal Revenue Service verifying the organization is a valid non-profit organization prior to recordation of a final or parcel map. In addition, a letter of intent to accept title from the valid non-profit organization or public agency shall be submitted prior to recordation.

4.

Declaration of restrictions required. Prior to, or concurrent with, recordation of a final or parcel map, the applicant shall execute and record a declaration of restrictions in a form approved by County Counsel, wherein the applicant agrees on their own behalf and all successors in interest to the parcel that, they will not request approval of or establish any residential use on the parcel. In addition, the declaration of restrictions shall specify that any parcel smaller than the minimum parcel size or what would otherwise be required by Chapter 22.22 shall not be sold except to a valid non-profit organization or public agency. The declaration of restrictions shall not be amended or terminated without the prior approval of the Board.

5.

Required findings. No parcel smaller than the minimum parcel size or what would otherwise be required by Chapter 22.22 for the applicable land use category shall be approved pursuant to this section unless the Review Authority first finds that the parcel meets the minimum site area provisions in Chapter 22.22 that the proposed parcel being smaller than the surrounding holdings will have no adverse effect on the continuing use of parcels adjacent to and in the vicinity of the site, and that the applicant has demonstrated the division will support the restoration or continuation of the historic structure.

[Added 1999, Ord. 2880]

C.

Permit and processing requirements. The following standards apply to all development proposals within an H combining designation.

1.

Minor Use Permit required. Minor Use Permit approval is required for all new structures and uses within an H combining designation, and also for any modifications to existing historic structures within an H combining designation, including restoration or alteration that changes the historic or architectural character of the structure, demolition or relocation, except for minor exterior or interior alterations that do not materially change the historic character of the structure.

2.

Application content. Applications for projects within an H combining designation shall include a description of measures proposed to protect the historic resource identified by the Land Use Element (Part II).

3.

Environmental determination. The initial study shall evaluate the potential effect of the proposed project upon the visual character of the historic site or district, and evaluate the other direct and indirect effects of the new construction upon the actual archeological resources or historic structures.

4.

Required findings for approval. A land use permit application within an H combining designation shall be approved only where the Review Authority first makes all the following findings, where applicable:

a.

Archeological resources. Where an H combining designation is applied to identify areas of archeological resources (historic and prehistoric), project approval shall require the following findings:

(1)

The site design and development as finally proposed incorporates adequate measures to ensure the archeological resources will be acceptably and adequately protected; or

(2)

Where site design and development proposals cannot feasibly be changed, and intrusion into or disturbance of historic or prehistoric archeological resources will result, that construction will use appropriate methods to protect the integrity of the site, including possible relocation of graves and artifacts.

b.

Historic structures, landmarks and districts. Where an H combining designation is applied to identify historic structures, landmarks, or districts, project approval shall require the following findings:

(1)

The height, bulk, location, structural materials, landscaping and other aspects of the proposed use will not obstruct public views of the historic structure or of its immediate setting;

(2)

Any proposed alteration or removal of structural elements, or clearing of landscaping or natural vegetation features will not damage or destroy the character of significant historical features and settings;

(3)

Any proposed remodeling or demolition is unavoidable because it is not structurally or economically feasible to restore or retain existing structures or features.

[Amended 1986, Ord. 2250; 1994, Ord. 2696; 1999, Ord. 2880] [22.07.100 to 102]