HomeMy WebLinkAbout1997-12-09; City Council; NS-433; CMC 2.42 add/22.02/.06/.08 amends - Historic Preservation Comm. & regs.... 8. ' 0 * Exhi
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ORDINANCE NO. NS-433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF THE
MUNICIPAL CODE TO CHANGE MEMBERSHIP
REQUIREMENTS FOR THE HISTORIC PRESERVATION
COMMISSION AND AMENDING TITLE 22 TO MODIFY
HISTORIC PRESERVATION REGULATIONS.
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The City Council of the City of Carlsbad, California hereby ordains as
9 SECTION I: That Title 2 of the Carlsbad Municipal Code is amended by the adc
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Chapter 2.42 to read as follows:
Chapter 2.42
HISTORIC PRESERVATION COMMISSION
Sections:
2.42.01 0 Created.
2.42.020 Membership.
2.42.030 Term of Office.
2.42.040 Duties
2.42.050 Rules and Procedures.
19 2.42.010 Created.
A Historic Preservation Commission of the city is created. (Ord. 9776 ?j 1 (pz 20 1985)
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2.42.020 Membership.
Membership on the Historic Preservation Commission shall consist of the fol
A. Five regular members and one ex officio representative from the Plat
Commission. All regular members of the commission must have knowledge of and
demonstrated interest in historic preservation and local history. Three members wil
background or an interest in architecture, archaeology, history, biology, engineering
geology or a related field. Two members will have an interest in local history and w
at large from the community.
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B. All members of the commission must be Carlsbad residents and regi
voters. The ex officio representative shall not be entitled to a vote. Appointment to
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Historic Preservation Commission shall be made by the City Council. The Planning
Commission shall appoint a member to serve as the ex officio representative.
2.42.030 Term of Office.
Of the five members of the commission first appointed, 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 thal
expiration of a term, it shall be filled by appointment by the City Council for the unexr
portion of the term. Each member shall hold office until reappointed or a successor i
appointed.
2.42.040 Duties.
Duties of the Historic Preservation Commission are as follows:
A. The commission shall act in an advisory capacity to the City Council,
Planning Commission, Housing Commission, and Design Review Board in all matter
relating to the identification, protection, retention, and preservation of historic resourc
within the city.
B. It shall be the responsibility of the commission to provide advice to the
Council on the following matters:
1. Criteria for guidelines to be used in a comprehensive historic s
of properties within the City;
2. The designation of historic resources: 3. Maintaining the Carlsbad historic resources inventory adopted
4. Hiring of staff or consultants to conduct a comprehensive surv
City Council;
properties within the boundaries of the City to identify historical sites and areas;
5. Participation in and promotion and dissemination of public
information, education, and interpretive programs pertaining to historical areas and I
6. Cooperation with local, county, state, and federal government!
pursuit of the objectives of historic preservation; and
7. Any other matter which the commission deems necessary to F
historical resources.
C. The commission shall be responsible for:
1. Publicizing and periodically updating survey results;
2. Maintaining a Carlsbad historic resources inventory;
3. Investigating and reporting to the City Council on the use of vi
federal, state, local, or private funding sources available to promote historic preserv:
the City;
owner or occupant, on the restoration, alteration, decoration, landscaping, or mainte
of any historical area or site; and
Council.
2.42.050 Rules and Procedures.
The Historic Preservation Commission shall establish such rules, regulations
procedures consistent with this chapter for the transaction of business and shall kee
public record of its resolutions, transactions, findings, and determinations.
4. Rendering advice and guidance, upon the request of the prop1
5. Performing any other functions that may be designated by the
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SECTION II: That Title 22, Chapter 22.02 of the Carlsbad Municipal Code is
amended to read as follows:
Chapter 22.02
GENERAL REGULATION AND ADMINISTRATION
Sections:
22.02.01 0 Short title.
22.02.020 Purpose and intent.
22.02.030 Boundaries and areas of application.
22.02.040 Definitions.
22.02.050 Review of environmental documents.
22.02.010 Short title.
this ordinance shall be voluntary.
22.02.020 Purpose and intent.
This title shall be known as the “historic preservation ordinance.” Complian
It is the intent and purpose of this title to:
A. Effect and accomplish the protection, enhancement and perpc
of historic resources that represent or reflect elements of the city’s cultural,
economic, political and architectural history;
B. Safeguard the City’s historic heritage by encouraging preserv
its historic resources;
C. Stabilize and improve property values;
D. Foster civic pride in the character and accomplishments of thc
E. Protect and enhance the City’s historic attractions for re
F. Strengthen the economy of the City;
G. Promote the use of historic districts and landmarks for the ed
tourists and visitors and serve as a support and stimulus to business and industry;
pleasure and welfare of the people of the City.
22.02.030 Boundaries and areas of Application.
corporate limits of the City.
This title shall apply to all historic resources, publicly and privately owned, w
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22.02.040 Definitions.
following meanings:
established by this title.
structures, signs, features, or other objects of scientific, aesthetic, educational, c
architectural, or historic significance to the citizens of the City and includes both
landmarks and historic districts.
C. “Historic Site” means any parcel or portion of real property wh
special character or special historic, cultural, archeological, paleontological, architt
community or aesthetic value.
or natural, which has special historic, cultural, architectural, archeological, or corr
California, or the nation, and that has been designated as a historic landmark purs
this title.
resources or landmarks which have special character or special historical value, o
represent one or more architectural periods or styles typical to the history of the Ci
has been designated a historic district pursuant to this title.
private action, of any historic resource, or of any property located within a historic
including, but not limited to, exterior changes to or modifications of a structure or ar
architectural details or visual characteristics, including paint color and surface i
grading, surface paving, new structures, cutting or removal of trees and other
features, disturbances of archeological sites or areas, and the placement or remova
objects such as signs, plaques, light fixtures, street furniture, walls, fences,
plantings, and landscape accessories affecting the historic qualities of the property.
For the purpose of this chapter, the following words and phrases shall h2
A. “Commission” means the historic preservation comr
B. “Historic resource” means sites, places, areas, landscape, bu
D. “Historic Landmark means any property or improvement, ma
interest or value as part of the development, heritage or history of the City, the :
E. “Historic District” means any area which contains several
F. “Alteration” means any change or modification, through pi
22.02,050 Review of environmental documents.
As part of the environmental review of development projects affecting
structures, archeological or paleontological sites, as shown on the historic re:
inventory or as identified in the environment study, the environment documents I
referred to the historic preservation commission for review. The commission may
and comment upon the environment documents of the referral. The commissic
comment within the public review time limits established by the California Enviror
Quality Act.
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SECTION Ill: That Title 22, Chapter 22.06 of the Carlsbad Municipal Code is amend
read as follows:
Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DlSTRlCl
Sections:
22.06.010 Establishment of historic resources inventory.
22.06.020 Criteria for historic resources inventory.
22.06.030 Historic landmark designation procedures.
22.06.040 Historic district designation procedures.
22.06.010 Establishment of historic resources inventory.
The City shall establish and adopt a historic resources inventory.
22.06.020 Criteria for historic resources inventory.
A historic resource may be considered and approved by Council for inclusior
historic resources inventory based on one or more of the following:
A. It exemplifies or reflects special elements of the city’s cultural,
economic, political, aesthetic, engineering or architectural history; or
B. It is identified with persons or events significant in local, s
national history; or
C. It embodies distinctive characteristics of a style, type, pe
method of construction, is a valuable example of the use of indigenous mate1
craftsmanship or is representative of a notable work of an acclaimed builder, desi!
architect; or
D. It is an archaeological, paleontological, botanical, geo
topographical, ecological or geographical site which has the potential of yielding info1
of scientific value; or
E. It is a geographically definable area with a concentration of bu
structures, improvements, or objects linked historically through location, design,
materials, workmanship, feeling and and/or association, in which the collective valuc
improvements may be greater than the value of each individual improvement.
22.06.030 Historic site and landmark designation procedures.
Historic sites and landmarks shall be established by the City Council in the fc
manner:
A. Any person, association, or agency may request the designat
site, landscape feature, or improvement as a historic landmark by submitting a
request for such designation to the Historic Preservation Commission. The
Preservation commission, Planning Commission, Design Review Board, or City
may also initiate such proceedings by motion.
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B. Any such request shall be filed with the development proc
department upon prescribed forms and shall include the following data:
number and address of site;
1. Name and address of property owner and assessor’s
2. Description of the proposed historic site or Ian
including special aesthetic, cultural, archaeological, paleontological, architectu
significance of the site;
engineering interest or value of a historic nature, including information abc
architecture, notable features, construction and other information indicating the hi
3. Sketches, photographs, or drawings;
4. Statement of condition of structures;
5. Explanation of any known threats to the improvement
site;
6. Additional information:
a. Site plan in appropriate scale,
b. Legal description of the property,
d. Proposed use,
e. Exiting zoning,
g. Chain of title, if available;
C. Photographs, old and recent,
f. Bibliography and references,
C. Within forty-five days of the date of the request, the commissic
hold a public hearing to review the landmark application according to the criteria of I
22.06.020.
D. Notice of the public hearing shall be given as provided in :
21.54.060(2) of this code. In addition, notice of the date, place, time and purpose
hearing shall be mailed, return receipt requested, to the owner of the proposed lar
property as shown on the last equalized assessment role at least fourteen days priol
date of the public hearing. Failure to send notice by mail to any property owner wt-
address of such owner is not on the latest equalized assessment role shall not inu
any proceedings in connection with the proposed designation.
E. After the public hearing, the commission shall by resolution r
report and recommendation to the City Council. If the commission determines tl
improvement does not meet landmark criteria, the process shall terminate a]
commission shall notify the property owner and applicant of such termination in
within ten days of the commission’s determination. If the commission determines t
resource warrants historic site or landmark designation and the property own
consented to same in writing, then the commission shall submit a written recomrnel
to the City Council incorporating its reasons in support of the proposed desig
Without the property owner’s consent to the proposed designation, a site shall
designated a historic site or landmark. Permits shall be required to work on a desi
historic landmark as specified in Chapter 22.08 of this code. Permit fees st
established by Resolution of the City Council.
F. The City Council shall hold a public hearing on the proposed I
designation within thirty days of the receipt of the recommendation for the commissic
G. At the conclusion of the public hearing on the proposed desig
the City Council shall, by resolution, designate or conditionally designate, or disapprc
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designation of the historic landmark. Written notice of the City Council action SI
mailed to the property owner.
22.060.040 Historic district designation procedures.
Historic districts shall be established by the City Council in the following manr
A. The procedures for designating a historic district shall be the
as for designating a historic landmark, except as otherwise provided in this section.
B. Any application for designation of a historic district shall be filc
the planning department upon the prescribed form and shall include the following dat
1. Boundaries of the proposed district and a list of nam
addresses of property owners, assessor’s parcel numbers and addresses of prc
within the boundaries;
2. Description of the proposed historic district, including
aesthetic, cultural, architectural, or engineering interest or value of a historical nature
3. Sketches, photographs or drawings;
4. Statement of condition of structures and improvement:
5. Explanation of any known threats to any cultural rE
6. Other information requested by the planning departmet
C. If written consent of all of the owners of property within the prl
district to the proposed designation is not obtained at the time of the Historic Pres€
Commission hearing, the process shall terminate and the commission shall no
property owners and applicant of said termination within fourteen days of the comm
determination.
D. If the commission determines that the area warrants historic
designation, it shall submit a written recommendation to the City Council incorporz
reasons in support of the proposed historic district designation, within fourteen (
reaching its decision. Such recommendation shall include a report containing the fc
information:
district identifying all structures within the boundaries;
description of the cultural resources within the proposed boundaries;
uses, height and area regulations, minimum dwelling size, floor area, sign regL
parking regulations, and any other modification to existing development st:
necessary or appropriate to the preservation of the proposed historic district.
the district:
within the district;
1. A map showing the proposed boundaries of the
2. An explanation of the significance of the proposed dist
3. Recommendations as to appropriate permitted uses,
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SECTION IV: That Title 22, Chapter 22.08 of the Carlsbad Municipal Code is amenc
read as follows:
Chapter 22.08
PERMITS AND PERMIT PROCEDURES
Sections:
22.08.01 0 Permits to work on a historic resource, historic landmark or his
22.08.020 Permit procedure.
22.08.030 Permit criteria.
22.08.040 Duty to keep in good repair.
22.08.050 Existing improvements.
district.
22.08.010 Permits to work on a historic resource, historic landmark or I-
district.
The permit process for work on historic resources is as follows:
A. It is unlawful for any person to alter, tear down, demolish, cor
remove or relocate any improvement, or any portion thereof which has been desigr
historic site or landmark, or which lies within a historic district, without first obta
6. No permit shall be necessary for ordinary maintenance and r
the proposed work will not alter or change the style, color, design, features or char:
the site or area and a permit is not required under § 301(b) of the Uniform Building
nor does this chapter prevent the construction, reconstruction, alteration, rest(
demolition or removal of any such feature when the building department certifies
Council that such action is required for the public safety due to an unsafe or dan
condition which cannot be rectified through the use of the California Historical E
Code.
C. The permit required by this chapter shall be in addition to an
permit required for a proposed project.
22.08.020 Permit procedure.
permit from the City Building Department.
The permit procedure for work on historic resources is as follows:
A. An application for a permit to do work at a historic site, in a
district, or on a historical landmark shall be submitted to the development pro(
division on forms designated by the land use planning manager. Within thirty dal
the receipt of said complete application the commission shall review the applicati
shall make a written report to the City Council. The City Council shall hold a public I
on the application within thirty days of receipt of the commission report. Notice
public hearing shall be given as provided in Section 21.54.060(b) of this code.
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B. At the conclusion of the public hearing on the permit applicatil
City Council shall, by resolution, issue or deny, in whole or in part, any permit applica
C. Any property owner whose property is designated a I
resource or is located within a historic district may voluntarily have their property re
from the list of historic resources upon a request in writing to the Historic Prese
Commission.
22.08.030 Permit criteria.
The City Council shall issue a permit for any proposed work if, and on
determines:
A. In the case of a designated historical site, that the propose
would not detrimentally alter, destroy or adversely affect any archeological, paleonto
or landscape feature;
B. That any exterior improvements will not adversely affect and
compatible with the external appearance of existing designated improvements, build1
structures on said site;
C. That the applicant has presented clear and convincing evidc
facts demonstrating to the satisfaction of the City Council that such disapproval w
immediate and substantial hardship on the applicant because of conditions peculia
person seeking to carry out the proposed work, whether this be the property owner,
or resident, or because of conditions peculiar to the particular improvement, buil
structure or other feature involved, and that approval of the application will be cor
with the purposes of this chapter.
22.08.040 Duty to keep in good repair.
The owner, occupant or other person legally responsible for a historic resourc
keep in good repair all portions of such historic site, landmark, or district as specifiel
designating ordinance or permit and all interior portions and appurtenances thereof
maintenance is necessary to prevent deterioration and decay of the resource. Fa
keep such property in good repair may result, upon recommendation of the
Preservation Commission, in removal from the list of historic resources.
22.08.050 Existing improvements.
All repairs, alterations, reconstructions, restorations or changes in use of 1
improvements shall conform to the requirements of the California Historical Building
EFFECTIVE DATE: This ordinance shall be effective thirty days after its a
and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinar
cause it to be published at least once in a general circulation newspaper in the
Carlsbad within fifteen days after its adoption.
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I INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City I
held on the 2 nd day of December , 1997, and thereafter,
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb;
Council held on the 9th day of December , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and
NOES: None
ABSENT: None
ATTEST:
2-0-
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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