HomeMy WebLinkAbout1985-10-15; City Council; 9776; CMC 22 amend - Historic preservationORDINANCE NO. 9776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CARLSBAD, CALIFORNIA AMENDING THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF TITLE 22 REGARDING HISTORIC PRESERVATION.
The City Council of the City of Carlsbad, California
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does ordain as follows:
SECTION 1: That the Carlsbad Municipal Code is amended
by the addition of Title 22 pertaining to Historic Preservation
to read as follows:
TITLE 22
HISTORIC PRESERVATION
CHAPTERS :
22.02 General Regulations and Administration
22.04 Historic Preservation Commission 22.06
22.08 Permits and Permit Procedure
22.10 Appeals, Enforcement, Penalties, Severability
Historic Landmarks and Historic Districts
Chapter 22.02
GENERAL REGULATION AND ADMINISTRATION
Sections :
22.02.010 Short Title
22.02.020 Purpose and Intent
22.02.030 22.02.040 Definitions
Boundaries and Areas of Application
22.02.050 Review of Development Plan
22.02.010 Short Title. This title shall be known as
22.02.020 Purpose and Intent. It is the intent and
(1 )
the "Histinance."
purpose of this title to: enhancement and perpetuation of historic resources, landmarks and districts that represent or reflect elements of the City's cultural, social, economic, political, and architectural history;
Effect and accomplish the protection,
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(2) Safeguard the City's historic heritage, as embodie
and reflected in its historic resources, landmarks and historic
districts;
(3) Stabilize and improve property values; (4) Foster civic pride in the character and
(5) Protect and enhance the City's attractions to
accomplishments of the past:
residents, tourists, and visitors and serve as a support and stimulus to business and industry:
for the education, pleasure and welfare of the people of the
City.
(6) Strengthen the economy of the City; (7) Promote the use of historic districts and landmark
22.02.030 Boundaries and Areas of Application, This
title shall apply to all historic resources, publicly and privately owned, within the corporate limits of the City of
Car lsbad .
22.02.040 Definitions. Whenever the following words c
(1) Alteration means any change or modification,
terms are used in this title they shall have the meaning
established by this section:
through public or private action, of any historic resource or of
any property located within a historic district including, but
not limited to, exterior changes to or modifications of a
structure or any of its architectural details or visual characteristics including paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of archeological sites or areas, and the placement or removal of any objects suck as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting thc historic qualities of the property. (2) Archaeological Site means an area where remains of
man or his activities prior to keeping of history are still
evident. (3) Certificate of Appropriateness means a certificate
issued by the City Council approving such plans, specifications, design, or statements of work, for any proposed alteration, restoration, construction, removal, relocation, or demolition, : whole or in part, of or to an historic resource or to any improvement within a historic district.
Commission established by this Chapter.
designated historic district which has a special character, special historic or aesthetic interest or value, and is
incorporated into the district for that reason.
(6) Historic Resource means improvements, buildings,
landscape, structures, signs, features, sites, places, areas or
other objects of scientific, aesthetic, educational, cultural, architectural, or historic significance to the citizens of the
City,
(4) Commission means the Historic Preservation
(5) Contributing Structure means a structure within a
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I (7) Exterior Architectural Feature means the
architectural style, design, general arrangement, components and
natural features and all the outer surfaces of the improvement, including, but not limited to, the kind and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, and other fixtures appurtenant to
such improvement, and the natural form and appearance of any
grade, rock, body of water, stream, tree, plant, shrub, road,
path, walkway, plaza, fountain, sculpture or other form of I
natural or artificial landscaping.
(8) Historic District means any area which contains one or more historic resources or landmarks which has a special
character or special historical value, along with other structures, cultural, architectural, archaeological, community or aesthetic value, or which represent one or more architectural
periods or styles typical to the history of the City, that has been designated a historic district pursuant to this title.
site, structural work of art, landscape feature, plant-life, life-form, scenic condition, parking facility, fence, gate, wall, or other object constituting a physical betterment of real
property, or any part of such betterment.
resources inventory adopted and maintained by Council pursuant to Chapter 22.06 of this Title.
manmade or natural, which has special historic, cultural,
architectural, archaeological, community, interest, or value as part of the development, heritage or history of the City, the
State of California, or the nation and that has been designated as a landmark pursuant to this title.
(12) Ordinary Maintenance means any cleaning, painting,
and restoration which does not result in the alteration of an improvement or landmark. (13) Paleontological Site means an area where
fossilized or other wise preserved remains of plants or animals which generally predate man's emergence on the earth are still evident.
partnership, firm, corporation, public agency, or political subdivision.
Rehabilitation means the Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings by the U.S. Department of the Interior, National Park
Service.
which has special character or special historic cultural, archaeological, architectural, community or aesthetic value.
22.04.050 Review of Development Plan. As part of the
environmental review of development projects affecting historic resources the plans and application shall be referred to as the Historic Preservation Commission for review. The Commission may recommend that specific environmental studies be done as part of
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(9) Improvement means any building, structure, place,
(10) Historic Resources Inventory means the historic
(11) Landmark means any property or improvement,
(14) Person means any individual, association,
(15) Secretary of the Interior's Standards for
(16) Site means any parcel or portion of real property
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the environmental review for the project. The Commission shall receive notice of all environmental review decisions on a project potentially affecting an historical resource and may submit
written comments to the Land Use Planning Manager.
Chapter 22.04
HISTORIC PRESERVATION COMMISSION
Sections:
22.04.010 Creation, Members, Vote
22.04.020 Composition - Appointment
22.04.030 Duties
22.04.040 Organization, Rules and Procedures
22.04.010 Creation. Pursuant to Title 22 of this Code a Historic Preseervation Commission is created.
22.04.020 Composition - Appointment. The Historic
Preservation Commission shall consist of five regular members ant
one ex-officio representative of the Planning Commission. All regular members of the Commissions must have knowledge of and a demonstrated interest in historic preservation and of local history. The Commission shall be composed of members having the following qualifications: Three members each of whom has a different
recognized expertise in architecture, archaeology, history,
biology, engineering or geology or related field; One member who has an interest in local history
and has resided in the community for at least 30 years; One member at large from the Community with an
interest in local history. All members of the Commission must be registered voters, The ex-officio representative shall not be entitled to a vote. Appointment to the Historic Preservation Commission shall be madc by the City Council. The Planning Commission shall appoint a member of the Planning Commission to serve as the ex-officio representative to the Historic Preservation Commission. Of the five members of the Commission first appointed under this chaptei one member shall be appointed for one year, one member shall be appointed for two years, one member shall be appointed for three years, and two members shall be appointed for four years. The successors shall be appointed for terms of four years, If a vacancy occurs other than by expiration of a term, it shall be filled by appointment by the City Council for the unexpired
portion of the term, Each member shall hold office until reappointed or a successor is appointed and has been qualified.
22.04.030 Duties. (a) The Commission shall act in an advisory capacity to the City Council, Planning Commission, and Design Review Board in all matters relating to the identification, protection, retention and preservation of
historic areas and sites within the City of Carlsbad.
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(b) It shall be the responsibility of the I
Commission to provide advice to the City Council on the following^ matters:
(1) Criteria for guidelines to be used in a comprehensive historic survey of properties within the City;
(2) The designation of historic landmarks or historic districts;
(3) Sites and areas to be considered for
listing on Carlsbad's Histroric Resources Inventory; (4) The hiring of staff or consultants to
conduct a comprehensive survey of properties within the
boundaries of the City to identify historical sites and areas;
the Commission in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly affect any historic area or site;
purposes of historic preservation;
dissemination of public information, education and interpretive programs pertaining to historical areas and sites;
Federal governments in pursuit of the objectives of historic preservation; and
deems necessary to protect historical resources.
housing and redevelopment, municipal improvement, and other types
of planning and programs undertaken by any agency of the City,
the County, or State, as they relate to the historic preservation
of the community:
survey results;
Resources Inventory.
historical areas and sites within the City.
Council on the use of various Federal, State, local or private
funding sources and mechanisms available to promote historic preservation in the City;
request of the property owner or occupant, on the restoration, alteration, decoration, landscaping or maintenance of any historical area or site; and
be designated by the City Council.
(5) The adoption of standards to be used by
(6) The purchase of interests in property for
(7) Participation in and the promotion and
(8) Cooperation with local, County, State and
(9) Any other matter which the Commission
(1 ) Reviewing the conduct of land use, (c) The Commission shall be responsible for:
(2) Publicizing and periodically updating
(3) Maintaining the Carlsbad Historic
(4) Maintaining a local register of
(5) Investigating and reporting to the City
(6) Rendering advice and guidance, upon the
(7) Performing any other functions that may
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22.04.040 Organization, Rules and Procedures. The
Historic Preservation Commission shall establish such rules, regulations, and procedures not inconsistent with this Chapter for the transaction of business and shall keep a public record of
its resolutions, transactions, findings and determinations.
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HISTORIC RESOURCES
Sections:
Chapter 22.06
HISTORIC LANDMARKS AND HISTORIC DISTRICTS
22.06.010 Establishment of Historic Resources
22.06.020 Criteria for Historic Resources Inventory
22.06.030 Historic Landmark Designation Procedures
22.06.040 Historic District Designation Prodecures
Inventory
22.06.010 Establishment of Historic Resources
Inventory. The City Council shall establish and maintain a Historic Resources Inventory.
22.06.020 Criteria for Historic Resources Inventory.
historic resource may be considered for inclusion in the Histori Resource Inventory based on one or more of the following:
(1) It exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering, or architectural history; or
(2) It is identified with persons or events significan
in local, state, or national history; or (3) It embodies distinctive characteristics of a style type, period or method of construction, is a valuable example of
the use of indigenous materials or craftsmanship or is
representative of a notable work of an acclaimed builder, designer or architect; or
geological topographical, ecological or geographical site which has the potential of yielding information of scientific value; or
(5) It is a geographically definable area possessing
concentration of sites, buildings, structures, improvemenvts, or objects linked historically through location, design, setting, materials, workmanship, feeling, and/or association, in which th collective value of the improvements may be greater than the value of each individual improvement.
(4) It is an archaeological, paleonological, botanical
22.06.030 Historic Landmark Designation Procedures. Historic landmarks shall be established by the City Council in the following manner:
improvement or landscape feature as a historic landmark by submitting a written request for such designation to the
Historical Preservation Commission. The Historical Preservation Commission, Planning Commission, Design Review Board, or City Council may also initiate such proceedings by motion.
Development Processing Department upon prescribed forms and shal include the following data:
Assessor's Parcel Number and address of site.
(a) Any person may request the designation of an
(b) Any such request shall be filed with the
(1) Name and address of property owner and
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(2) Description of the proposed landmark, including special aesthetic, cultural, architectural, or
engineering interest or value of a historic nature including
information about the architecture, notable features,
construction and other information indicating the historical
significance of the site.
(3) Sketches, photographs, or drawings .
(4) Statement of condition of structures.
(5) Explanation of any known threats to the
(6) Additional information
(A) Site plan in appropriate scale
(B) Legal description of the property (C) Photographs - old and recent (D) Proposed use (E) Existing zoning (F) Bibliography and references
(G) Chain of title, if available
improvement of the site.
(c) Within forty five days of the date of the
request, the Commission shall hold a public hearing to review
the landmark application according to the criteria of Section
22.06.020.
as provided in Section 21.54.060(2) of this Code. In addition,
notice of the date, place, time and purpose of the hearing shall
be mailed, return receipt requested, to the owner of the
proposed landmark property as shown on the last equalized
assessment role at least forteen days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedings in connection with the proposed designation.
historical landmark shall be forwarded to the Building Department and no building or demolition permits for any alteration to any exterior architectural feature of the proposed landmark shall be issued while the matter is pending final dec i s ion .
(f) After the public hearing the Commission shall by resolution make a report and recommendation to the City Council. If the Commission determines that the improvement does not meet landmark criteria, the process shall terminate and the Commission shall notify the property owner and applicant of such
termination in writing within ten days of the Commission's
determination. If the Commission determines that the cultural resource warrants landmark designation and the property owner has consented to same in writing, then the Commission shall submit a written recommendation to the City Council incorporating its
reasons in support of the proposed landmark designation. Without
the property owner's consent to the proposed designation, the process shall terminate.
on the proposed historic landmark designation within thirty days
of the receipt of the recommendation from the Commission.
(d) Notice of the public hearing shall be given
(e) A notice of the request for designation as a
(9) The City Council shall hold a public hearing
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(h) At the conclusion of the public hearing on thc
proposed designation, the City Council shall, by resolution, designate or conditionally designate, or disapprove the
designation of the historic landmark. Written notice of the Citj Council action shall be mailed to the property owner.
22.06.040 Historic District Designation Procedures. Historic districts shall be established by the City Council in
the following manner:
(a) The procedures for designating a historic district shall be the same as for designating a historic landmarl except as otherwise provided in this section.
(b) Any application for designation of a historic district shall be filed with the Planning Department upon the prescribed form and shall include the following data:
list of names and addresses of property owners, Assessor's Parce:
Numbers and addresses of properties within the boundaries.
district, including special aesthetic, cultural, architectural, or engineering interest or value of a historical nature,
improvements within the district.
cultural resource within the district,
Planning Department. (c) If written consent of two-thirds of the owner:
of property within the proposed district to the proposed designation is not obtained at the time of the Historic Preservation Commission hearing, the process shall terminate and the Commission shall notify the property owners and applicant of said termination within fourteen days of the Commission's determination.
warrants historic district designation, it shall submit a writte recommendation to the City Council incorporating its reasons in support of the proposed historic district designation, within
fourteen days of reaching its decision. Such recommendation
shall include a report containing the following information:
the historic district and identifying all structures within the
boundaries, contributing or non-contributing.
proposed district and description of the cultural resources within the proposed boundaries.
permitted uses, special uses, height and area regulations,
minimum dwelling size, floor area, sign regulations, parking regulations, and any other modification to existing development standards necessary or appropriate to the preservation of the proposed historic district. (4) Proposed design guidelines for applying
the, criteria for. review of Certificates of Appropriateness to th nominated historic district.
(1) Boundaries of the proposed district and
(2) Description of the proposed historic
(3) Sketches, photographs, or drawings.
(4) Statement of condition of structures and
(5) Explanation of any known threats to any
(6) Other information requested by the
(d) If the Commission determines that the area
(1) A map showing the proposed boundaries of
(2) An explanation of the significance of th
(3) Recommendations as to appropriate
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ChaDter 22.08
PERMITS AND PERMIT PROCEDURE
Sections:
22.08.010 Permits to Work on Historic Resource,
22.08.020 Permit Procedure
22.08.030 Permit Criteria
22.08.040 Duty to Keep in Good Repair
22.08.050 Existing Improvements
Historic Landmark or Historic District
22.08.010 Permits to Work on Historic Resource, Historic Landmark or Historic District. (a) It is unlawful for .. any person to tear down, demolish, construct, alter, remove, or relocate any improvement, or any portion thereof which has been designated a Historic Landmark pursuant to the provisions of this chapter, or which lies within an Historic District, or to alter in any manner any feature of such a Historic Landmark, Historic Landmark site or improvement within an Historic District without
first obtaining a permit in the manner provided in this chapter,
(b) No Board, Department or Commission shall granl any permit to carry out such work on a designated Historic Landmark, Historic Landmark site or within an Historic District, unless a permit has previously been issued by the City Council a! provided in this Chapter. No application for a building permit, demolition permit, grading permit, redevelopment permit, conditional use permit, variance, development plan, zone change, tentative parcel or subdivision maps or any other permit which would allow the alteration of a historical landmark, historical landmark site or any improvement in a historical district shall be deemed complete unless a permit has previously been issued pursuant to this chapter.
maintenance and repair if the proposed work will not alter or change the style, color, design, features or character of the site or area and a permit is not required under S301(b) of the Uniform Building Code nor does this Chapter prevent the
construction, reconstruction, alteration, restoration, demolitioi or removal of any such feature when the Building Department
certifies to the Council that such action is required for the
public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code.
in addition to any other permit required for a proposed project.
(c) No permit shall be necessary for ordinary
(d) The permit required by this Chapter shall be
22.08.020 Permit Procedure. An application for a permit to do work in a historic distict or on a historical - landmark shall be submitted to the Development Processing Division on forms designated by the Land Use Planning Manager.
This application must include the plans and specifications for the propsed work. Within thirty days from the receipt of said
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complete application the Commission shall review the application and shall make a written report to the City Council, The City Council shall hold a public hearing on the application within 30 days of receipt of the Commission report. Notice of the public hearing shall be given as provided in Section 21.54.060(b) of this code,
application, the City Council shall, by resolution, issue or deny, in whole or in part, any permit application.
At the conclusion of the public hearing on the permit
22.08.030 Permit criteria. The City Council shall issue a permit for any proposed work, if and only if, it determines:
(1) In the case of a designated historical site, that
the proposed work would not detrimentally alter, destroy or
adversely affect any architectural or landscape feature; or
(2) If the owner of a designated historial site or arei demonstrates to the City Council that such property cannot be economically used and denial of a permit would deprive the owner
of all or most of his or her economic interest in the property, the Council may issue the permit with an effective date one hundred eighty days from the date of issuance of the permit to allow time for the investigation of alternatives to the work
proposed in the permit application such as acquisition of site 01
improvement by the City or a public interest group.
building or structure upon an historical site, that the exterior
of such improvements will not adversely affect and will be compatible with the external appearance of existing designated
improvements, buildings and structures in said site. (4) That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction oJ the City Council that such disapproval will work immediate and substantial hardship on the applicant because of conditions
peculiar to the person seeking to carry out the proposed work,
whether this be property owner, tenant or resident, or because oj conditions peculiar to the particular improvement, building or
structure or other feature involved, and that approval of the
application will be consistent with the purposes of this
chapter.
(3) In the case of construction of a new improvement,
22.08.040 Duty to Keep in Good Repair. The owner, occupant or other person legally responsible for a Historic Landmark or Historic District shall keep in good repair all portions of such Historic Landmark, District or site when subjecl to control as specified in the designating ordinance or pemit an( all interior port ions and appurtenances thereof whose maintenancc
is necessary to prevent deterioration and decay of the resource.
It shall be the duty of the Building Director or designee to
enforce this section.
22.08-050 Existing Improvements. All repairs,
alterations, reconstructions, restorations or changes in use of existing improvements shall conform to the requirements of the California Historical Building Code.
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ChaDter 22.10
CHAPTERS, ENFORCEMENT, PENALTIES AND SEVERABILITY
Sections:
22.10.010 Appeals
22.10.020 Enforcement
22.10.030 Restitution
22.10.040 Penalties
22.10.050 Severability
22.10.010 Appeals. The applicant or any other
interested person may appeal, from any action of the Historic Preservation Commission to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after the
action of the Historic Preservation Commission from which the appeal is being taken.
matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal.
hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final.
decision, the City Clerk shall send written notice of the
decision to the applicant and appellant.
Upon filing of an appeal, the City Clerk shall set the
Within thirty days following the conclusion of the
Not later than seven days following the City Council
22.10.020 Enforcement. Whenever any alteration, demolition, relocation, construction or grading of any site is being done contrary to the provisions of this Title, the Director of Building and Planning or designee may order the action stopped by notice in writing served on any person or persons engaged in the doing or causing such action, and any such person or persons
shall forthwith stop such alteration until authorized by the
Director of Building and Planning or designee to proceed.
work on any building, structure or site in violation of a notice stopping such work,
constitute a public nuisance.
It shall be unlawful for any person to carry out any
Any violation of the provisions of this title shall
22.10.030 Restitution. Upon damage, destruction or
removal of a cultural resource, Historic Landmark or Historic
District without permit, the Preservation Commission shall
review the action and make recommendation for restitution
commensurate with damage inflicted, specifically assessing the cultural as well as economic value of the resource destroyed.
22.10.040 Penalties. Any person violating any provision of this Title shall be deemed guilty of a misdemeanor, upon conviction thereof shall be fined in an amount not
exceeding five hundred ($500) dollars or be imprisoned for a
period not exceeding six months or be so fined and imprisoned,
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Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as
such hereunder.
22.10.050 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
chapter or any part thereof is for any reason held to be
unconstitutional such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each sect ion, subsect ion, subdivisions, paragraphs, sentences or
clauses or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 1st day of October I
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 15th day of October , 1985 by
the following vote, to wit:
AYES : Council Makers Casler, Lewis, Kdchin, Chick and Pettine
NOES : None
ABSENT: None