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19.1 D: DESIGN REVIEW

19.1.1 Purpose. The purpose of these regulations is to provide design review for conformance of new development with the policies and standards of the General Plan, and to provide for a design review process where neighborhoods within the same zone district desire to preserve or enhance the area’s historical, cultural or scenic values. (Former Section CZ#A314-57(A))

19.1.2 Applicability. These regulations shall apply to lands designated “D” on the Zoning Maps. Solar collectors for on-site use are exempt from the design review requirement of this section. (Former Section CZ#A314-57(B))

19.1.3 Special Permit Required.

19.1.3.1A Special Permit is required for all development subject to these regulations (Former Section CZ#A314-57(C))

19.1.3.2The application for the permit shall be accompanied by a fee in the amount established by ordinance or resolution of the Board of Supervisors. (Former Section CZ#A314-57(C); Added by Ord. 1913, 10/30/90)

19.1.4 Appointment and Composition of the Design Review Committee. The Board of Supervisors may select any person(s) or organization who, in the opinion of the Board, is qualified to serve on the committee. Such person(s) must be devoid of any and all financial interest in the development application under consideration. The representatives of the Design Review Committee shall not exceed five (5) persons. In the absence of any Board of Supervisors’ approved representatives, the Director shall be the reviewing authority. (Former Section CZ#A314-57(D))

19.1.4.1There is hereby created a Samoa Design Review Committee, which shall consist of the following members:

Five members, who shall be appointed by the Board of Supervisors. These members shall have demonstrated experience in historic preservation or cultural resource land use issues or other qualifications satisfactory to the Board.

The terms of the appointed members shall begin upon Board approval and shall be for five (5) years and may be renewed.

19.1.4.1.1Authority and Responsibilities of the Samoa Design Review Committee

19.1.4.1.1The Samoa Design Review Committee shall:

19.1.4.1.1.1Review applications to alter or demolish all or part of any structure identified as a contributing historic structure in the Samoa Town Master Plan Master Environmental Impact Report.

19.1.4.1.1.2Adopt maximum times for its historic preservation review to be completed, which if exceeded, may be treated as no comment on a project.

19.1.4.1.2The SDRC shall, to the extent it deems appropriate, have the authority to:

19.1.4.1.2.1Make recommendations to the Humboldt County Planning Commission for discretionary projects or to the Planning Director for ministerial projects involving contributing historical structures for approval of or conditional approval of projects under review. These recommendations may include restrictions on the use of such property or requirements to retain historical characteristics. These recommendations shall be based on the application of the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local-law/arch_stnds_0.htm , Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Samoa Design Guidelines (Appendix A).

19.1.4.1.2.2Assist studies or programs designed to identify and evaluate structures, other physical features, sites, and areas which are worthy of preservation.

19.1.4.1.2.3Review projects for development of new structures for consistency with Samoa Design Guidelines and for compatibility with existing contributing historic structures.

19.1.4.1.2.4Inspect and investigate structures, other physical features, sites, and areas which are worthy of preservation.

19.1.4.1.2.5Consider methods other than those described above for encouraging and achieving preservation of worthy structures, other physical features, sites, and areas, including exploring means of financing the restoration or maintenance thereof.

19.1.4.1.2.6Make appropriate recommendations on the general subject of preservation to the Planning Commission, Board of Supervisors, other public and private agencies and bodies, and the general public.

19.1.4.1.2In the Absence of an appointed Samoa Design Review Committee

19.1.4.1.2.1 Historic Assessment Report required. In the absence of an appointed Samoa Design Review Committee, the Director will require a preliminary assessment report (Historic Assessment Study). This report shall be based on a visual examination of the property and historic research conducted by a professional historic resource consultant who then prepares a written report that contains their findings and recommendations. The report will also describe any further actions that might be needed to avoid or lessen development related impacts to any historical resources encountered.

19.1.4.1.2.2 Historic Assessment Study Contents. The historic assessment study should, at the minimum, contain:

19.1.4.1.2.2.1Evidence of a full background literature search through the local depositories such as Humboldt County Historical Society, Humboldt State University Library, Humboldt County Library, etc.

19.1.4.1.2.2.2A brief description of the project parcel(s) and the expectations of the consultant at the onset of the inventory report;

19.1.4.1.2.2.3A clear description of the methods and results of the field inventory including rationale for surface coverage and a brief discussion of any historic resources encountered. This treatment should be patterned after the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local-law/arch_stnds_0.htm ;

19.1.4.1.2.2.4A generally accurate map (7.5' USGS topographic, parcel map or engineers map) in a scale sufficient to show the intensity and coverage of the field inventory as well as the location of any resources encountered;

19.1.4.1.2.2.5A description and evaluation of any structures and a determination of whether or not they qualify as historical resources.

19.1.4.1.2.2.6If the resource is historic, provide recommended means to avoid or lessen development related impacts to any historical resources encountered on the parcel(s);

19.1.4.1.2.2.7The names of any local persons consulted during the preparation of the report;

19.1.4.1.2.2.8Statement of Qualifications (education, employment, field experience, previous reports and publications in historic resources). Qualification requirements used shall be the requirements used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61.

19.1.4.1.2.3 Performance Standard. Applicants should avoid impacts to historical resources where feasible. When this is not feasible, mitigation measures shall be incorporated into the project to lessen the impact of the project on these resources. Mitigation shall be in accordance with the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local-law/arch_stnds_0.htm , Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, the Samoa Design Guidelines and Appendix K of the State CEQA Guidelines.

19.1.4.1.2.4 Process. The recommendations of the Historic Assessment Report will serve as a substitute for recommendations from the Samoa Design Review Committee and will be used to address historic resource impacts in discretionary permit decisions and for CEQA compliance. (Ord. 2466, 12/6/2011)

(Ord. 2466, 12/6/2011)

19.1.5 Design Review Standards. Buildings, sites, structures, signs, landscaping, and similar development will be consistent with the policies of the General Plan and this Division, and the Design Review Committee shall take the following items under consideration in reviewing development plans: (Former Section CZ#A314-57(E))

19.1.5.1The project is consistent and compatible with applicable elements of the General Plan. (Former Section CZ#A314-57(E)(1))

19.1.5.1.1Within designated Coastal Scenic Areas, as mapped, measures are included in the project design so that it will be subordinate to the character of the surrounding setting; (Former Section CZ#A314-57(E)(1)(a))

19.1.5.1.2Within designated Coastal View Areas, as mapped, and where views from the public roads to the coast or coastal waterways are of concern, the height, width, and siting of structures, including setbacks from roads and parcel lines will be considered to retain as much of the existing view as possible. Views from public trails, beaches, or public recreation areas into the development site will also be considered. (Former Section CZ#A314-57(E)(1)(b))

19.1.5.1.3Within Shelter Cove designated Coastal View areas, building heights may be increased one foot (1') for each two feet (2') of total additional side yard that is provided in excess of the required five feet (5') side yards, to a maximum allowable height of twenty-four feet (24'); or, in order to provide an alternate method of providing view corridors, one side yard may be reduced to a minimum of zero feet where: (Former Section CZ#A314-57(E)(1)(C))

19.1.5.1.3.1The opposite side yard provided equals ten feet (10'); and (Former Section CZ#A314-57(E)(1)(C)(i))

19.1.8.1.1.1The adjacent property owner along the side yard being reduced agrees to a similar reduction along the common lot line; and (Former Section CZ#A314-57(E)(1)(C)(ii))

19.1.5.1.3.3The adjacent dwellings can meet building and energy code requirements for structures which are separated by less than ten feet (10'). (Former Section CZ#A314-57(E)(1)(C)(iii))

19.1.5.2Protection of natural land forms through minimizing alterations caused by cutting, filling, grading or clearing, except to comply with fire hazard reduction laws. (Former Section CZ#A314-57(E)(2); Amended by Ord. 1913, 10/30/90)

19.1.5.3Exterior lighting that will be compatible with the surrounding setting and will not be directed beyond the boundaries of the parcel. (Former Section CZ#A314-57(E)(3))

19.1.5.4Screening or softening the visual impact of new development through the use of vegetative plantings. If appropriate, species common to the area should be used. Known fire resistive plants should be considered where appropriate. (Former Section CZ#A314-57(E)(4); Amended by Ord. 1913, 10/30/90)

19.1.5.5Where feasible, new utilities should be underground. When above-ground facilities are the only feasible alternative, they should be sited as unobtrusively as possible. (Former Section CZ#A314-57(E)(5))

19.1.5.6Setbacks from roads and property lines are appropriate to protect the scenic and visual qualities of the site and area. (Former Section CZ#A314-57(E)(6))

19.1.5.7Off-premises signs, which are needed to direct visitors to permitted commercial recreation areas should be attractively designed in keeping with the surrounding setting and clustered at appropriate locations. (Former Section CZ#A314-57(E)(7))

19.1.6 Restrictions Applicable Within Designated Coastal View Areas. Within Coastal View Areas, as designated by the General Plan, new off-site signs are prohibited. (Former Section CZ#A314-57(F))

19.1.7 Required Findings for Designated Coastal Scenic and Coastal View Areas. A Coastal Development Permit for development located within a designated Coastal Scenic or Coastal View Area shall only be approved if the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-57(G))

19.1.8 Additional Standards Applicable to Shelter Cove Portions of South Coast Area Plan. (Former Section CZ#A314-57(H); Added by Ord. 1913, 10/30/90)

19.1.8.1 Building Structural Design Standards.

19.1.8.1.1Residences must be constructed to a minimum width of twenty feet (20') at the narrowest point, as measured from exterior wall to exterior wall, to be compatible with existing residences. (Former Section CZ#A314-57(H)(1)(a); Added by Ord. 10/30/90)

19.1.8.1.2Foundations must be designed to meet the Uniform Building Code requirements of seismic zone IV. All structures that require a building permit, including but not limited to manufactured homes, shall be attached to continuous perimeter foundations meeting the seismic zone IV standards. Engineered pole structures where a continuous perimeter foundation is not feasible due to slopes or site conditions shall be exempt from this provision. (Former Section CZ#A314-57(H)(1)(b); Added by Ord. 1913, 10/30/90)

19.1.8.1.3A minimum roof overhang of twelve inches (12") (not including rain gutters) must be provided on all residences. This overhang is to be an integral part of the structure. Gable ends may be excluded when approved as part of the design review process. (Former Section CZ#A314-57(H)(1)(c); Added by Ord. 1913, 10/30/90)

19.1.8.1.4Exterior walls and roofing materials of unfinished metal or galvanized metal are prohibited. The exterior finish of any metal material must have a manufacturer’s warranty certifying a minimum life of fifteen years (15yr). Flammable roofing material such as wood shakes or shingles are not recommended. (Former Section CZ#A314-57(H)(1)(d); Added by Ord. 1913, 10/30/90)

19.1.9 Additional Standards Applicable to Samoa Portions of Humboldt Bay Area Plan.

19.1.9.1Standards for Alterations and Demolitions

19.1.9.1.1No contributing structure shall be demolished unless the County makes one of the following findings, following notice and hearings to the extent required under existing regulations.

19.1.9.1.1.1The property is unsafe or a hazard to the pubic as a result of an unforeseen event such as a fire or earthquake; or

19.1.9.1.1.2Taking into account the potential value to the owner of the property of all available County accommodations and incentives (including without limitation transferable development rights, zoning ordinance modifications, alternative building code standards or provisions, loans, grants, reimbursements and tax reductions) either:

19.1.9.1.1.2.1The current or most recent use of the property is not permitted under the current planning code (except as a nonconforming use) and adaptive reuse is not economically feasible;

19.1.9.1.1.2.2The adverse impact on the owner of the property is unreasonably large in comparison to the public benefit from denying demolition; or

19.1.9.1.1.2.3Denying permission to demolish would result in a taking or would violate state or federal law; or

19.1.9.1.1.2.4Demolition must be allowed pursuant to the State Housing Law (Cal. Health and Safety Code Sections 17900 et seq.) or other applicable state or federal law.

19.1.9.1.2Conditions may be imposed on demolition to the extent authorized by any other applicable law or this chapter including without limitation the following:

19.1.9.1.2.1Documentation may be required of any structure to be demolished and/or for the property;

19.1.9.1.2.2Historic Preservation Review and Planning Commission approval may be required for any subsequent development of the property;

19.1.9.1.2.3Demolition may be delayed for up to 90 days to allow time to identify a prospective buyer for the property, to identify a third party interested in relocating the affected structure or to allow the County to determine whether to begin eminent domain procedures, and for up to an additional 90 days to allow completion of the purchase or relocation or commencement of a judicial condemnation acting, if, within the initial 90 days a buyer or third party is identified of the County determines to begin eminent domain procedures. In the case of purchase or relocation by a third party, demolition may be denied where a third party is willing and able to purchase the property or relocate the structure within the time established by this subdivision is identified and makes a bona fide offer to purchase the property or structure at fair market value, as determined by appraisal.

19.1.9.1.2.4With respect to demolition of a structure within the Samoa town site, the County shall take into account the importance of an affected structure to the integrity of other existing historic resources, and may: limit the size of new development to that of the existing structure; require that the scale of new development be harmonious with other structures which contribute to historic character; require retention or reconstruction of one or more facades; and/or require that any replacement structure be of like kind or quality to the demolished structure and contribute to the integrity of the existing historic structure.

19.1.9.1.3No contributing historic structure shall be altered unless the alteration is approved by the County pursuant to this chapter. The Samoa Design Review Committee shall follow the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local-law/arch_stnds_0.htm , Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Samoa Design Guidelines (Appendix A) for alterations and review of alteration applications, applicable specifically to designated properties. Except to the extent such guidelines provide differently, a proposed alteration shall be considered in light of its effect on the existing character of the affected structure as it relates to the streetscape. (Ord. 2466, 12/6/2011)