EDITOR: We in Santa Clara County are fortunate to have an
official body, called the Historical Heritage Commission, created
by the Board of Supervisors in order to protect, preserve and
promote the appreciation, recognition and preservation of historic
resources in Santa Clara County.
EDITOR:
We in Santa Clara County are fortunate to have an official body, called the Historical Heritage Commission, created by the Board of Supervisors in order to protect, preserve and promote the appreciation, recognition and preservation of historic resources in Santa Clara County.
Primarily an advisory group to the County Board of Supervisors, its duties include: conducting studies and surveys of cultural resources, maintaining the cultural resources inventory, designating landmarks, heritage properties and heritage trees, reviewing applications for certificates of appropriateness and some building permits and working with other agencies and groups to promote local history.
Recently members of the county staff have drafted a new ordinance, called the Historic Preservation Ordinance, which concerns the treatment of historic properties and trees in our county.
I will discuss some of its contents because it could affect your property or other properties in our unincorporated area of Santa Clara County.
Duty to Keep in Good Repair: Page 6 of the ordinance states, “The owner, person or persons having legal custody and control of a designated cultural resources should keep it free from any structural defects and in good repair all of the exterior portions, and all interior portions thereof, whose maintenance is necessary to prevent deterioration and decay of such designated resource as determined by the building official.” No doubt most folks in our county are interested in the proper maintenance and preservation of a cultural resource. However, if a property that you own is designated a resource, you will be required to maintain it according to standards determined by a county building official. If you don’t maintain it according to these standards, and at your own time and expense, penalties can be imposed – up to $200,000.
A landmark must be at least 50 years old or it must be important or distinctive. Heritage property is not a landmark property, is 30 years or older, retains its historical integrity and meets one of the following three: worthy of preservation because it benefits the local community, represents a building that is now rare in the community or possesses a distinctive location or characteristic in the community. A heritage tree must be associated with an important event or person in history, or represent a valuable or distinctive specimen or be a rare or unusual species.
If a property receives one of the above designations, approval from the county, with fees and much paperwork, must be obtained for any alterations. In addition to officially designated Heritage Trees, any trees in the hillside and other designated areas of our county meeting the following criteria will also be protected: any tree having a main trunk stem measuring 37.7 inches or greater in circumference at 4.5 feet above ground level, a tree which exceeds 20 feet in height. Any other trees so designated by the county would also be included. Failure to obtain approval and a permit to prune, remove or cut such a tree (there are stated exceptions) could result in civil penalties of $5,000 per tree and a charge of misdemeanor.
There are also exceptions to alterations a person may wish to make on a tree or property but they require official county approval which usually involves a permit, paperwork, fees and possibly special reports (from licensed tree experts, historical experts, property appraisers, etc.).
For a property to receive a cultural designation (landmark, heritage property or heritage tree) somebody, such as the owner or a neighbor or any interested person, must start the paperwork process with the county. However, under this ordinance anyone applying for a building or development permit would be required to have the planning department review the property to identify potential historic resources. The permit applicant may be required to provide supporting documents.
If the resource potentially meets landmark status, the applicant will be required at their expense to retain a qualified historical resources consultant. If a landmark, the owner will be required to complete any environmental documentation required by the California Environmental Quality Act, pay the associated fees and make application for the previously mentioned Certificate of Appropriateness (an exception to not being allowed to alter the landmark). Of course, you won’t be able to continue with any work on your property until this is all resolved.
Please know that this is just a summary of the ordinance. If this ordinance passes it could directly limit your property rights; it could result in much expense and paperwork for any desired changes to your property and could result in fines and misdemeanor charges against you personally.
On Oct. 16, the Historical Heritage Commission will hold a public hearing on this proposed ordinance at 7 p.m. in the Board of Supervisors’ chambers in the County offices at 70 W. Hedding St. The purpose of this meeting is to allow members of the public to express their opinions and concerns. I greatly encourage you to attend this meeting and to seriously consider this proposed ordinance.
The full draft can be viewed at: http://www.sccplanning.org/planning/content/PlansPolicy/PlansPolicy_Historic_Preservation_Ordinance.jsp
Comments or questions can be e-mailed to me at EA*********@ro******.com. I’ll forward comments to the commission clerk or you can send them directly to her, Dana Peak, at Da*******@pl*.us
Edward Allegretti, member,
Historical Heritage Commission,
Santa Clara County
