The ordinance codified in this article shall be known as the
"Placer County Cultural Resources Preservation Ordinance."
(Ord. 6042-B § 1, 2020)
The board of supervisors finds that the protection, enhancement,
perpetuation, and use of structures and districts of historic, archaeological,
tribal, architectural and/or engineering importance (collectively,
"cultural resources"), located within the county are of cultural and
aesthetic benefit to its communities. It is further found that respect
for and understanding of the heritage of the county will enhance the
economic, cultural, and aesthetic standing of the county. The purpose
of this article is to promote the general welfare of the public through
one or more of the following:
A. The
protection and enhancement of cultural resources: (1) that represent
past eras, events, and persons important in prehistory or history;
(2) that provide significant examples of architectural styles of the
past or are landmarks in the history of architecture; (3) that are
unique and irreplaceable assets to the county and its communities;
or (4) that provide for this and future generations examples of the
physical surroundings in which past generations lived;
B. The
development and maintenance of complementary settings and environment
for cultural resources;
C. The
preservation and encouragement of the county's varied architectural
styles, reflecting the cultural, social, economic, political, and
architectural phases of its history;
D. The
enhancement of property values, the stabilization of communities and
areas of the county, the increase of economic and financial benefits
to the county and its inhabitants, and the promotion of the tourist
trade and interest;
E. Where
feasible, the integration of the preservation of cultural resources
into public and private land use management and development processes;
F. The
educational and cultural enrichment of this and future generations
by fostering knowledge of our heritage;
G. The
promotion and encouragement of continued private ownership and utilization
of historic buildings and structures so the objectives listed above
can be attained under this policy;
H. The
identification, and resolution of conflicts between the preservation
of cultural resources and alternative land uses, as early as possible
in the planning process;
I. The
promotion of public awareness of the benefits of preservation and
the encouragement of public participation in identifying and preserving
cultural resources, thereby increasing community pride in the county's
cultural heritage; and/or
J. The
establishment of a basis for coordinating the goal of the preservation
of cultural resources, with the need to set and implement standards
for other elements of the county's plans, policies, and programs.
(Ord. 6042-B § 1, 2020)
The HAB shall act in an advisory capacity to the board of supervisors,
the department of facilities management/museums division, and the
Placer County planning commission in all matters relating to the identification,
protection, retention and preservation of historical resources within
the county and duties shall include the following, when applicable
and at the discretion of the HAB:
A. Review and recommend cultural resources for placement in the county's official register of cultural and historic resources (designated as the "official register"), including historic districts, landmark sites, and landmarks within the county including all information required for each designation as specified in Section
15.60.080(C).
B. Recommend
to the board of supervisors: (1) the purchase of interests in property,
including less than fee interests; (2) the transfer of development
rights; (3) the holding of easements, or other mechanisms, for the
purpose of cultural or historic preservation.
C. Participate
in, promote, and conduct public information, educational, and interpretive
programs pertaining to cultural or historic resources preservation.
D. Review
and comment on applications submitted to the State Historical Resources
Commission to designate a cultural resources in the county on the
National Register of Historic Places, California Register of Historical
Resources, California Historical Landmarks, and/or California Points
of Historical Interest, and provide comments to the State Historical
Resources Commission on whether each property meets the criteria for
the various programs.
E. Advise
and make recommendations to the board of supervisors on how it can
best promote the preservation of cultural resources of the county.
F. Advise
and make recommendations to the board of supervisors on the formulation,
implementation, and review of all programs, policies, procedures,
services, facilities, and other matters relating to the preservation
of the cultural resources of the county, including matters subject
to review pursuant to the requirements of the California Environmental
Quality Act (CEQA) and the provisions of Section 106 of the National
Historic Preservation Act, when applicable.
G. Encourage
recognition of the owners of landmarks or property or structures within
historic districts by means of certificates, plaques, or markers,
and, from time to time, issue commendations to owners of cultural
resources who have rehabilitated their property in an exemplary manner.
(Ord. 6042-B § 1, 2020)
The following responsibilities and duties shall be carried out
by the county museums administrator or other authorized and qualified
designee identified by the director of the department of facilities
management:
A. At
the direction of the board of supervisors, perform, supervise, or
review the preparation of cultural resource surveys in the county.
Review, update, and/or distribute the Historical, Architectural, and
Archaeological Resources of Placer County, California, an inventory
of cultural resources in the unincorporated areas of the county, in
conformance with state standards and in accordance with confidentiality
restrictions in Sections 6254(r) and 6254.10 of the California Government
Code, as may be authorized by the board of supervisors;
B. Cooperate
with and assist federal, state, and local government entities in the
pursuit of cultural and historic preservation objectives of the county;
C. Participate
in county-wide open space planning efforts as they relate to the protection
and/or preservation of cultural resources;
D. Advise
and assist property owners, on request, on the restoration, rehabilitation,
alteration, decoration, landscaping, or maintenance of any cultural
resource. If requested, negotiate with property owners who propose
to extensively remodel, demolish or relocate designated landmarks
and/or significant properties in designated districts, in an effort
to find a means of preserving the properties;
E. Encourage
and render advice and guidance to property owners or occupants on
procedures for inclusion of a cultural resource on the county's official
register, National Register of Historic Places, California Register
of Historical Resources, California Historical Landmarks, California
Points of Historical Interest, or any other state or local historic
listing that may be appropriate;
F. Upon
request, investigate and report to the board of supervisors on the
use of various federal, state, and local or private funding sources
and mechanisms available to promote cultural resource preservation
in the county;
G. Review
and comment on the decisions and documents (including environmental
assessments, initial studies, environmental impact reports, environmental
impact statements, development applications, building permits and
other similar documents) of the county and other public agencies when
such decisions or documents may affect cultural resources within the
county, using as guidelines the Secretary of the Interior's Standards
for Archaeology and Historic Preservation;
H. Cooperate
with, and assist county staff in, the implementation of the procedures
for managing cultural resources under the Placer County Conservation
Program.
(Ord. 6042-B § 1, 2020)
Those cultural resources officially designated by the board of supervisors shall collectively be known as the Placer County Official Register of Cultural and Historic Resources ("official register"). The official register shall be kept on file with the museums administrator, who shall transmit copies to the county clerk-recorder-registrar for recordation in the official records of the county, the director of the community development resource agency, the director of library services, and to other such entities as the museums administrator deems appropriate. The county clerk-recorder-registrar shall record the document pursuant to the requirements of this code. The process to designate a cultural resource in the official register may be initiated by the property owner, as provided by Section
15.60.070. Confidential archaeological site location information shall be restricted from public distribution or access pursuant to Sections 6254(r) and 6254.10 of the California
Government Code.
(Ord. 6042-B § 1, 2020)
Any improvement, natural feature, structure, or site may be designated as a cultural resource, and any area within the county may be designated a historic district by the board of supervisors upon application if such improvements, natural features, structures, sites, or areas meet one or more of the following criteria and retain sufficient integrity, as defined in Section
15.60.080(E):
A. National
Register of Historic Places. As determined by a qualified professional
who meets the applicable Secretary of the Interior's professional
qualifications standards, it meets the criteria for listing on the
National Register of Historic Places, as follows:
1. It
is associated with events that have made a significant contribution
to the broad patterns of our history;
2. It
is associated with the lives of a person or persons significant in
our past;
3. It
embodies the distinctive characteristics of a type, period, or method
of construction, or represents the work of a master, or possesses
high artistic value, or represents a significant and distinguishable
entity whose components may lack individual distinction; or
4. It
has yielded or may be likely to yield information important in prehistory
or history.
B. California Register of Historical Resources. As determined by a qualified professional who meets the applicable Secretary of the Interior's professional qualifications standards, it meets the criteria for listing on the California Register of Historical Resources, and retains sufficient integrity (as defined in Section
15.60.080(E)) as follows:
1. It
is 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. It
is associated with the lives of persons important to local, California,
or national history;
3. It
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. It
has yielded, or has the potential to yield, information important
to the prehistory or history of the local area, California, or the
nation.
C. Local
Significance. It meets the criteria for significance due to community
and geographic setting in one of the following ways:
1. The
proposed resource materially benefits the historic character of the
community;
2. The
unique location or singular physical characteristic of the resource
or district proposed for designation represents an established and
familiar visual feature of the community, area, or county;
3. The
district is a geographically definable area, urban or rural, possessing
a significant concentration or continuity of site, buildings, structures,
or objects unified by past events, or aesthetically by plan or physical
development;
4. The
preservation of a resource or resources is essential to the integrity
of the district;
5. The
resource or district proposed for designation is connected with a
business or otherwise, which was once common but is now rare.
D. Tribal
Cultural Resource. It meets the definition of a tribal cultural resource,
as defined in Section 21074 of the California
Public Resources Code.
E. Integrity. Any cultural resource meeting one or more of the criteria in subsections
A,
B, or
C of this section shall also retain sufficient "integrity" such that the resource possess aspects of integrity of location, design, setting, materials, workmanship, feeling, association, as exemplified in one or more of the following ways:
1. The
resource retains the authenticity of physical identity evidenced by
the survival of characteristics that existed during the resource's
period of significance;
2. The
resource retains enough of its historic character or appearance to
be recognizable as a historic resource and to convey the reasons for
its significance;
3. The
resource has been rehabilitated or restored to reflect the qualities
specified in subsections (C)(1) and (C)(2) of this section;
4. The
resource has been altered over time and the alterations themselves
have historical, cultural, or architectural significance;
5. The
resource has lost its historic character or appearance, but still
has sufficient integrity to yield significant scientific or historical
information or specific data.
(Ord. 6042-B § 1, 2020)
When a designated cultural resource on the official register has been demolished or otherwise destroyed pursuant to the appropriate legal procedures established in Section
15.60.180, the museums administrator, upon notice thereof and after consultation with the director of facilities management or other authorized designee, shall file with the director of facilities management or other authorized designee and with the HAB a notice to remove such resource from the official register. Such notice shall also be filed with the county clerk-recorder registrar's office.
(Ord. 6042-B § 1, 2020)
Any amendment, additions, or deletions to the official register shall be initiated, considered, and approved or disapproved according to the procedures set forth in Sections
15.60.070 through
15.60.120 of this article.
(Ord. 6042-B § 1, 2020)
The museums administrator or other authorized designee, in consultation
with the HAB, shall, as time and budget permit, develop and promulgate
historic preservation plans, which may be used in conjunction with
this article for the management of cultural resources on the official
register and to meet the goals and policies of the Placer County general
plan.
(Ord. 6042-B § 1, 2020)
Except as provided in Section
15.60.160, no permit or entitlement shall be issued for any construction work or demolition on a cultural/historic resource, its site, or within any cultural/historic district or design historical combining zone district that is designated in the official register, unless and until the issuance of an appropriate permit occurs pursuant to the procedures set forth in Section
15.60.180 of this article.
(Ord. 6042-B § 1, 2020)
The provisions of this article shall not be construed to prevent
any construction, alteration, or demolition necessary to correct the
unsafe or dangerous condition of any structure, or part thereof, where
such condition has been declared unsafe or dangerous by the county
building division, the county fire chief or any local fire chief,
and where the proposed measures are necessary to correct such condition,
or in instances of natural disaster, where the State Office of Historic
Preservation determines, pursuant to California
Public Resources Code
Section 5028, as amended, that a structure should be demolished, destroyed,
or significantly altered.
(Ord. 6042-B § 1, 2020)
The museums administrator, in consultation with the HAB, may
render advice and guidance with respect to any proposed work not requiring
a permit on a designated historic resource or in a designated historic
district. Examples of such work are: painting and repainting of exterior
surfaces, fencing, landscaping, and installation of lighting fixtures.
In rendering such advice and guidance, the museums administrator and/or
the HAB shall be guided by the purposes and standards of this article
and not be wholly inconsistent with the Secretary of the Interior's
professional qualifications standards.
(Ord. 6042-B § 1, 2020)
Nothing in this article prohibits the ordinary maintenance and repair of any exterior feature of any structure on property listed in the official register; however, such maintenance or repair shall not involve a change in the design or result in the modification, demolition or removal of any architectural feature of the property. Not later than 10 days prior to any maintenance or repairs on an official register building or site, the planning director shall be notified by the property owner or an authorized designee of the proposed maintenance or repair. The planning director or a designee, in consultation with the director of facilities management or authorized museums administrator or other authorized designee shall take appropriate action to confirm that no adverse effect will result to the cultural resource as a consequence of the proposed maintenance or repair. All repairs and maintenance shall comply with county design review standards (refer to Section
17.52.070 of this code).
(Ord. 6042-B § 1, 2020)
Any person who violates the provisions of this article shall
be subject to the provisions of Article 17.62 of this code.
(Ord. 6042-B § 1, 2020)
Unless the particular provision or the context otherwise requires,
the definitions and provisions contained in this section shall govern
the construction, application of words and phrases used in this article.
"Alteration"
means any significant change or any substantial structural
transformation of any historic or cultural resource. Alteration includes,
but is not limited to, the following:
1.
Exterior structural change or modification of a site, fence
or structure;
2.
Change or modification of the exterior architectural features
of a site, fence, or structure including surface texture and materials
(not including paint);
3.
Change or modification of a site, including grading, paving,
cutting or removal or modification of significant vegetation, or other
natural features;
4.
New structures or fences;
5.
Demolition of structures or fences;
6.
Placement or removal of exterior objects or features such as
signs, plaques, light fixtures, street furniture, walls, fences and
steps;
7.
Disturbance of any archaeological site; however,
8.
Alteration does not include ordinary maintenance and repair
of structures and maintenance of gardens.
"Archaeological site"
means a confidential bounded area of a resource containing
archaeological deposits or features that is defined in part by the
character and location of such deposits or features.
"Building"
means a resource, such as a barn, church, factory, hotel,
or similar structure, created principally to shelter or assist in
carrying out any form of human activity.
"California Historical Landmark"
means a prehistoric or historic site which has been recommended
by the State Historical Resources Commission and designated by the
Director of the California Department of Parks and Recreation. The
California Historical Landmark program recognizes properties that
are significant at the state level, or within a large geographic region.
This program is administered by the State Office of Historic Preservation.
"California Point of Historical Interest"
means a site which has been recommended by the State Historical
Resources Commission and designated by the Director of the California
Department of Parks and Recreation. The Point of Historical Interest
program recognizes properties that are significant within the small
local context of a county or community. This program is administered
by the State Office of Historic Preservation.
"California Register of Historical Resources"
means an authoritative listing and guide to be used by state
and local agencies, private groups and citizens in identifying the
existing historical resources of the state and to indicate which resources
deserve to be protected, to the extent prudent and feasible, from
substantial adverse change [Title 14, Chapter 11.5, Section 4859 et
seq., California
Public Resources Code].
"County"
means the county of Placer, state of California.
"Cultural"
means related to the origins or history of humans in Placer
County.
"Cultural resources"
means buildings, structures, signs, features, sites, places,
areas, or other objects of scientific, aesthetic, educational, cultural,
archaeological, architectural, or historic importance to the residents
of the county.
"Cultural resources survey"
means the process of systematically identifying, researching,
photographing, and documenting cultural resources within a defined
geographic area.
"Design criteria"
means the criteria that must be followed pursuant to this
article to improve or modify a historic resource or structure within
a historic district.
"Designated site/resource"
means that portion of a parcel on which a significant cultural
or historic resource is or has been situated, and has been listed
on the National Register of Historic Places, the California Register
of Historical Resources, the California Historical Landmark Program,
California Point of Historical Interest Program, or the Placer County
official register of cultural and historic resources.
"Historic resource"
means a resource that meets the definition in CEQA Guidelines
Section 15064.5(a). as designated by the board of supervisors pursuant
to the provisions of this article.
"Integrity"
means soundness or completeness of the qualities that express
the significance, importance, or historic nature of the cultural resource,
in terms of location, design, setting, materials, workmanship, feeling,
and/or association.
"Mills Act"
means an act that was adopted in 1972 and amended in 1984
to provide for a reduction in property taxes on a historic property
when certain conditions are met. Owners of designated historic properties
must enter into a preservation contract directly with the local government
agreeing to restore the property if necessary, maintain its historic
character, and use it in a manner compatible with the historic characteristics
(California
Government Code Sections 50280—50290 and California
Revenue and Tax Code Sections 439—439.4).
"Minor alteration"
means any of the following alterations: the placement, removal,
or insignificant change or modification of a fence, sign, plaque,
light fixture, street furniture, steps, platforms, walks, driveways,
temporary motion picture, television, and theater stage steps and
scenery.
"National Register of Historic Places"
means the official inventory of districts, sites, buildings,
structures, and objects significant in American history, architecture,
archaeology, and culture which is maintained by the Secretary of the
Interior under authority of the National Historic Preservation Act
of 1966, as amended (54 U.S.C, 36 C.F.R. 300101 et seq., Sections
60, 63).
"Object"
means an item of significant historic or cultural value that
can be seen or touched, such as an artifact, monument, or work of
art.
"Official register"
means those sites and areas officially designated by the
board of supervisors as cultural resources and/or historic districts.
"Ordinance"
means the Placer County Cultural and Historic Resources Preservation
Ordinance, codified in this article.
"Ordinary maintenance and repair"
means any work where the purpose and effect of such work
is to prevent or correct any deterioration of or damage to a structure
or any part thereof and to restore the structure or part thereof to
its condition prior to the occurrence of such deterioration or damage.
"Placer County cultural resources inventory"
means a listing of potentially significant cultural and historic
resources, located in the unincorporated areas of Placer County, which
was developed by the Placer County division of museums as a research
tool. Records of the Placer County cultural resources inventory are
confidential, pursuant to Sections 6254(r) and 6254.10 of the California
Government Code, and maintained in the State Office of Historic Preservation,
the North Central Information Center, the county planning services
division and the county department of facilities management.
"Planning director"
means the director of the planning services division of the
community development resource agency of Placer County, or an authorized
designee.
"Preservation"
means use of a long-term or permanent safeguard to guarantee
the viability of cultural/historic resources.
"Preservation easement"
means a legal instrument recorded against a parcel or parcels
of real property that limits the property owner's ability to alter,
change, modify, destroy or in any way threaten the cultural and/or
historic value of a cultural resource without consultation and authorization
of the agency to whom the easement has been assigned. Once imposed,
such an easement "runs with the land" thereby requiring current and
future property owners to abide by its terms.
"Recordation"
means Section 27288.2 of the California
Government Code and
Section 5029 of the California
Public Resources Code requiring the
county recorder to record in the official records of Placer County
a certified resolution of cultural/historic resources designation,
containing the name of the current property owner, the historic resources
registration program, the designating entity, the specific historic
resources designation, and a legal description of the property.
"Regulated permits"
means a permit issued for any work on an officially designated
cultural/historic structure, its site, or any resource within an officially
designated historic district.
"Secretary of the Interior's Standards and Guidelines for Historic
Preservation Projects"
means material published in the Federal Register, with accompanying
interpretive guidelines, which are utilized by federal agencies in
the preservation of historic properties that are listed, or are eligible
for listing, on the National Register of Historic Places. They are
also used by the State Historic Preservation Officer, in evaluating
projects proposed as historic resources in accordance with federal
regulations or by local governments, organizations, and individuals
in making decisions about the identification, evaluation, registration,
or treatment of historic properties. The Secretary of the Interior
Standards for Rehabilitation is aimed at retaining and preserving
those features and material which are important in defining the historic
character of an historic resource. Technical advice about archaeological
and historic preservation activities and methods is included in the
Secretary of the Interior's Standards and Guidelines for Archaeology
and Historic Preservation.
"Significant"
means having important historic, archaeological, architectural,
or engineering value under CEQA and the National Historic Preservation
Act.
"State Historical Building Code (SHBC)"
means the State Historical Building Code contained in Part
8 of Title 24 [State Building Standards Code] and applies to all qualified
historic structures, districts and sites, designated under federal,
state, or local authority. It provides alternatives to the Uniform
Building Code in cases consistent with building regulations for the
rehabilitation, preservation, restoration, or relocation of qualified
historic structures designated as historic buildings.
"State Office of Historic Preservation"
means a division of the California Department of Parks and
Recreation which serves as the staff to the State Historic Preservation
Officer, or such other official designated and appointed by the Governor
of California to administer the historic preservation programs of
the State and which administers the California Register of Historical
Resources.
(Ord. 6042-B § 1, 2020)