The purpose of this Chapter is to provide incentives and regulation for the protection, preservation, enhancement perpetuation of those structures and areas of historic, architectural and engineering significance which contribute to the historic heritage of Monterey County and to encourage conservation of the County's important representative and unique archaeological sites and features.

A.

The provisions of this Chapter shall apply in all districts with which the Historic Resources District is combined, in addition to the regulations specified for that district. However, if any of the provisions specified in this Chapter differ from the regulations of the district which is combined with an "HR" District, then the provisions of this Chapter shall apply.

B.

This Chapter shall apply only to the following areas of the County of Monterey:

1.

Designated historic sites containing buildings or resources listed on the National Register of Historic Places, the State Historical Landmark Register, or the County Register of Historic Sites; or

2.

A building site containing an identified historic resource but not on a register for which a mutual agreement between the County and the property owner to preserve that historic resource exists; or

3.

A building site containing an identified historic resource at the time an application has been made for demolition or alteration of that resource.

A.

"Alteration" means any exterior change or exterior modification of any historic resource. Alteration includes, but is not limited to:

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 textures and materials;

3.

Change or modification of a site including grading, paving, cutting or removal of trees, 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; and,

7.

Disturbance of any archaeological site.

"Alteration" does not include painting or repainting, ordinary maintenance and repair of structures, landscaping or repair and maintenance of other existing physical improvements.

B.

"Cultural" means related to the origins or history of mankind in Monterey County.

C.

"Designated site" means that portion of a parcel on which a significant historic resource is or has been situated and has been listed on the National Register of Historic Places, the State Historic Landmark Register, or the County Register of Historic Sites.

D.

"Historic resource" means any structure, object, fence, site or portion of a site which has a significant historic, archaeological, architectural, engineering or cultural value.

E.

"Integrity" means soundness or completeness.

F.

"Minor alteration" means any of the following alterations: placement, removal, exterior structural change or modification fence, sign, plaque, light fixture, street furniture, platforms, walks, driveway, temporary motion picture, television and theater stage steps and scenery.

G.

"Object" means an item of significant historic value that can be seen or touched, such as an artifact, monument, or work of art.

H.

"Preservation" means use of long-term or permanent safeguards to guarantee the viability of man-made resources.

I.

"Ordinary maintenance and repair" means any work for which a building permit is not required by law where the purpose and effect of such work is to prevent or correct any deterioration or damage to a structure or any part thereof and to restore the structure or part thereof to its condition prior to the occur of such deterioration or damage.

J.

"Significant" means having historic, architectural, or engineering value.

A.

Upon receipt of any application, except those involving archaeologic resources, pursuant to Section 21.54.080, a copy of all application materials shall be transmitted to the Secretary of Historic Resources Review Board requesting the review and recommendation of the Historic Resources Review Board.

B.

The Appropriate Authority shall provide sufficient time, but not less than thirty (30) days from the date of transmittal, to the Historic Resources Review Board for the review of and recommendation on such applications.

A.

The Appropriate Authority to consider and decide a Use Permit required pursuant to Section 21.54.080A is the Planning Commission unless such Use Permit is being consider conjunction with another discretionary permit required by Title. In that case, the Appropriate Authority to consider the discretionary permit shall also consider the Use Permit required by Section 21.54.080A; or

B.

1.

The Director of Planning may approve plans and submittals for minor alterations and minor modifications to previously approved projects.

2.

The standard and criteria of review for the Director of Planning shall be the same standards and criteria as that of the Planning Commission.

3.

The Director of Planning may refer, at the Director's discretion, such plans and submittals to the Planning Commission for consideration and action.

4.

Appeals to the Director's decisions may be taken to the Board of Supervisors pursuant to Chapter 21.80 of this Title.

C.

No alterations in the "HR" District which require a Use Permit, variance or similar public hearing process, may be considered by the Director of Planning.

(Ord. No. 5135, § 128, 7-7-2009)

A.

The Appropriate Authority shall consider the recommendations of the Historic Resources Review Board, the feasibility of any recommended mitigation measures or alternatives, and consistency with the purpose of this Chapter.

B.

The Appropriate Authority shall require such conditions of the proposed alteration as it may deem necessary to assure compliance with Section 21.54.010 of this Chapter.

C.

In considering the application, the Appropriate Authority's decisions shall achieve the stated purpose of this Chapter, but shall not deprive the applicant of the uses allowed in the respective district with which the "HR" District is combined; nor will the Appropriate Authority require such mitigation measures or conditions which will render the applicant's project infeasible, or require the applicant to preserve or maintain the resource without viable use or economic return.

D.

The Appropriate Authority shall support any such tax incentive, mutual covenants, protective covenants, purchase options, preservation easements, building, fire, health and County code modifications and any other methods deemed mutually agreeable between County and landowner which will help to preserve historic resources.

E.

In order for the Appropriate Authority to approve or conditionally approve any application, the following finding be made: the proposed alteration, as conditioned, does not significantly and adversely affect the historic, archaeological, architectural, or engineering integrity of the resource.

Appeals to any action taken by an Appropriate Authority pursuant to this Chapter may be appealed to the Board of Supervisors pursuant to Chapter 21.80 of this Title.

A.

Except as otherwise provided, no alteration may be allowed on any area in an "HR" District without the approval of a Use Permit pursuant to the provisions of Chapter 21.74 of this Title.

B.

Minor alterations and minor modifications to previously approved projects may be approved without a Use Permit pursuant to Section 21.54.050B.

C.

Existing designated structures shall not be subject to the height and setback provisions of the district with which the "HR" District is combined.

E.

Development proposed on parcels with an identified historic resource shall be designed and located so as to avoid significant adverse impacts on the historic resource.

F.

Feasible mitigation measures recommended by the Historic Resources Review Board or contained in any required historic or archaeologic survey report prepared for the project shall be made conditions of approval.

G.

As a condition of approval of an application for demolition or alteration of an identified historic resource, rezoning to add an "HR" combining district or to modify an existing "HR" Zoning District, shall be required to place only the designated site within the "HR" District.

H.

Notwithstanding the provisions of the California Government Code, Section 65091 (A)(3), no property shall be placed in the "HR" District without notice to the property owner in accordance with Section 21.78.040A1 of this Title.

I.

As a condition of approval of an application for demolition or alteration of an identified historic resource, the historic resource shall be placed in an historic easement. easement shall be adequate to protect the resource.

1.

There shall be no fee for a Use Permit required pursuant to Section 21.54.080A.

2.

There shall be no fee for referral to the Historic Resources Review Board.

Development or alteration in areas of low, moderate or high archaeologic sensitivity shall be considered pursuant to Section 21.66.050 of this Title without referral to the Historic Resources Review Board.