HomeMy WebLinkAbout1985-07-30; City Council; 8147-1; HISTORIC PRESERVATION ELEMENT TO GENERAL PLAN WITH IMPLEMENTING ORDINANCEr
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CIT~F CARLSBAD - AGEND~ILL -2!
RECOMMENDED ACTION:
Review and discuss the proposed Historic Preservation Element to the General
Plan with implementing draft ordinance and direct the matter to Planning
Commission for report and recommendation.
ITEM EXPLANATION
At your meeting on April 16, 1985, the Council reviewed a proposed Historic
Preservation Element to the General Plan. Council requested clarification
between the Arts Element and the proposed Historic Preservation Element and
more detail on the proposal.
Subsequently, the Ad-Hoc Historic Preservation Committee completed an ordinanc
to implement the proposed element. The ordinance is patterned after similar
ordinances in Oceanside and La Mesa. The proposed Historic Preservation Elemi
and draft ordinance are presented for Council consideration.
The Historic Preservation Element presents goals and objectives and shows
the City's commitment to the management and preservation of the community's
heritage. The implementing ordinance permits Council to establish an advisor:
Historic Preservation Committee with specific duties.
The recently adopted Arts Element addresses the artistic and creative cultura
environment while the proposed Historic Preservation Element deals with
preserving the character of the community through the management and protectil
of Carlsbad's historic resources.
The optional Historic Preservation Element provides the legal machinery €or
communities to develop awareness and to develop a comprehensive program for
historic preservation management.
Environmental review will be completed when the item is directed to the Plann
Commission.
The Housing and Redevelopment Advisory Committee has reviewed and supports
the proposed element.
FISCAL IMPACT
The adoption of a Historic Preservation Element to the General Plan will not
itself have a fiscal impact. The implementing ordinance would require staff
time to serve the committee and process applications. Historic Preservation
activities can generate grant funding for rehabilitation and stimulate
revitalization of deteriorated areas.
EXHIBITS
1 - Proposed Historic Preservation Element
2 - Staff report dated July 9, 1985
3 - Draft Ordinance
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HISTORIC PRESERVATION ELEMENT
The Historic Preservation Element of the General Plan recognizes that historic preservation is a valuable asset to the community and the City of Carlsbad shall make a commitment to the management and preservation of the community's
legacy of sites, structures and resources.
GOAL:
To provide for the protection, preservation, recognition and enhancement of the
City' s existing and continuing heritage.
Objective No. 1: Adopt a Historic Preservation Ordinance which will
provide a set of rules and regulations to preserve,
protect and enhance historic resources and to
encourage their utilization and enjoyment.
Objective No. 2: Establish a Historic Preservation Commission with
specific powers and duties related to preservation
concerns and to make recommendations to elected
off icia I s and staff concern i ng historic preservation
issues.
Encourage and assist property owners to utilize all
available incentives for preservation of historic resoL
Adopt a historic resource inventory to be maintained and updated periodically.
Objective No. 3:
Objective No. 4:
GOAL:
Foster civic pride in the beauty and accomplishments characterizing the City's
past and continuing history.
Objective No. 1: Promote the use of historic resources for the educati
pleasure and welfare of the people of the City.
Objective No. 2: Cooperate with historic societies, schools, libraries
and citizens to stimulate public interest in historic
preservation.
Provide land mark identification of designated his toric
resources.
Objective No. 3:
GOAL:
To strengthen the economy of the City.
Objective No. 1: Further the recognition by the community that distri
sites, buildings, structures and other objects of
historic importance will increase both fiscal and comr value.
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Objective No. 2: Encourage the use of tax incentives, regional, state and federal programs which promote historic preservi
to upgrade and redevelop property vitality.
Objective No. 3: Enhance the City's attractions to residences, tourist2
and visitors and to support and stimulate business and industry.
Objective No. 4: Encourage formation of historic districts for the
protection of resources and promotion of tourism.
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July 9, 1985
TO : CITY COUNCIL
FROM : Redevelopment Office
HISTORIC PRESERVATION
1. RECOMMENDATION
It is recommended that City Council approve the addition of a Historic Preservatic
Element to the General Plan and direct staff to prepare the proposed element witk implementing ordinance for Planning Commission public hearing.
11. EFFECTS OF THE PROPOSED ELEMENT
A. All development projects submitted would require a finding of General Plar
conformance.
An implementing ordinance would be required. B.
111. EFFECTS OF AN IMPLEMENTING ORDINANCE
A. Council would appoint a permanent Historic Preservation Commission in
an advisory capacity to:
1. Evaluate and recommend to Council historically significant resources to be designated as Carlsbad's Historic Resources Inventory. Commis' would hold public meetings with affected property owners prior to developing the list.
2. Maintain and update the Inventory as directed by Council.
3. Recommend to the Council resources from the Inventory to be
designated as a Historic Site or District on the Local, State or Nation:
level.
Make reports, and recommendations to Council or its designee on all
applications for permits or development proposals on any resource list1
on the Inventory, a designated Site or District.
Explore and recommend to Council means for public education and
assistance for protection of historic resources.
4.
5.
The major impact of the proposed Historic Preservation Element with implementins ordinance would be to delay permit issuance up to 180 days on listed or designated properties. Staff support would be necessary to assist the Commissic
and process applications. rehabilitation.
Historic Preservation can generate grand funding for
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PAGE 2 City Council Historic Preservation July 9, 1985
IV. BACKGROUND
On June 19, 1984, the City Council appointed an Ad-Hoc Historic Preservation Committee to formulate guidelines and make recommendations to Council on
preserving the City's historic heritage. The Committee has met regularly and
developed a proposed Historic Preservation Element to the General Plan with an
implementing ordinance.
The proposed Historic Preservation Element is intended to provide citizens and public officials of Carlsbad with a means to recognize and preserve its heritage
and identify both past and present.
No city can hope to understand its present or to forecast its future if it fails to
recognize its past. By tracing the past, a City can gain a clear sense of the
process by which it achieved its present form and substance; and, even more
importantly, how it is likely to continue to evolve. For these reasons, efforts
directed to identifying and preserving Casrlsbad's historic, architectural, archaeo
and paleontological resources with their inherent ability to evoke the past, should
be pursued.
Historic resources are physical features, both natural and manmade, associated with human activity. These may include such physical objects and features as archaeological sites and artifacts, structures, groups and buildings, street furniti
signs and planted materials; in short, almost anything that connotes human histor
(and prehistoric) presence. They may also include sites of fossil deposits or natural features which predate human arrival in the region.
The State of California encourages cities to identify and protect cultural resource
through the adoption and implementation of a Historic Preservation Element of thc
General Plan.
for communities to develop awareness and, beyond that, to develop a comprehensi program for historic preservation management.
Preservation makes sense from economic view point.
housing costs, historic homes should be viewed as resources rather than impedimc
to progress.
alternatives to the construction of new, more costly structures. The cost of new
materials increases the value of older structures, and older buildings often contai
beautifully unique materials and examples of craftsmanship which cannot currently
be duplicated without tremendous cost. The realities of current economic times
should encourage the recycling of valuable housing resources rather than expensi removal and replacement with new structures. The value of the housing stock
(and its associated tax base) is also improved by the preservation efforts, and
neighborhoods are strengthened and improved by the infusion of new capital and public interest.
Import social and cultural benefits can be realized through historic preservation as well.
The City Attorney will prepare the final ordinance.
The Historic Preservation Element provides the legal machinery
In a time of increasing
Restoration and rehabilitation of older structures are very real
The character of a community is reflected in its homes and buildings.
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PAGE 3
City Council Historic Preservation
July 9, 1985
Preservation of historic structures provides a tangible link with the past, a key
to understanding our heritage and identity, and reinforces pride in the communit and neighborhood. If the work of the past has been respected, we might expect
that our own efforts will survive. Familiar landmarks establish a sense of permai
and well-being.
as important as the educational or aesthetic values of historic preservation.
Historic preservation also provides an opportunity to involve citizens in local planning by introducing an issue which is interesting and exciting.
development of an historic district, for example, citizens who become involved may quickly find that they are eligible for special loans to improve their propert; or can gain tax advantages because they own an historic home. The opportunity
to improve both their neighborhood and the potential value of their property
should be appealing.
Historic preservation planning makes for a better community by stressing positivr
community attributes.
will survive, the people are given reason to commit their own futuresto the
community. The Historic Preservation Element should invite citizens to help prot
and enhance those aspects that first attracted them or keep them here - the historic character or distinct charm of the community. Preservation Element is a positive step taken to benefit the entire community and is in the general welfare of all of the City of Carlsbad.
The psychological benefits of "feeling at home" are as real and
In the
By providing assurance that the special sense of place
Adoption of an Historic
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING THE CARLSBAD
MUNICIPAL CODE BY THE ESTABLISHMENT OF TITLE 22
REGARDING HISTORIC PRESERVATION.
The City Council of the City of Carlsbad, Californi
does ordain as follows:
SECTION 1: That the Carlsbad Municipal Code is ame
by the addition of Title 22 pertaining to Historic Preservat
to read as follows:
TITLE 22
HISTORIC PRESERVATION
CHAPTERS :
22.02 General Regulations and Administration
22.04 Historic Preservation Commission
22.06 Historic Landmarks and Historic Districts
22.08 Permits and Permit Procedure
22.10 Appeals, Enforcement, Penalties, Severability
Chapter 22.02
GENERAL REGULATION AND ADMINISTRATION
Sections:
22.02.010 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 Development Plan
22.02.010 Short Title. This title shall be known
the "Historic Preservation Ordinance. 'I
22.02.020 Purpose and Intent. It is the intent an
purpose of this title to: (1 ) Effect and accomplish the protection, enhancen
and perpetuation of historic resources, landmarks and distri
that represent or reflect elements of the City's cultural, social, economic, political, and architectural history;
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(2) Safeguard the City's historic heritage, as embo and reflected in its historic resources, landmarks and histor districts; (3) Stabilize and improve property values;
(4) Foster civic pride in the character and
(5) Protect and enhance the City's attractions to
(6) Strengthen the economy of the City;
(7) Promote the use of historic districts and landn
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.
title shall apply to all historic resources, publicly and
privately owned, within the corporate limits of the City of
Carlsbad .
22.02.030 Boundaries and Areas of Application. Thj
22,02.040 Definitions. Whenever the following worc
terms are used in this title they shall have the meaning established by this section:
through public or private action, of any historic resource 01 any property located within a historic district including, bi
not limited to, exterior changes to or modifications of a
characteristics including paint color and surface texture, grading, surface paving, new structures, cutting or removal trees and other natural features, disturbances of archeologi sites or areas, and the placement or removal of any objects as signs, plaques, light fixtures, street furniture, walls,
fences, steps, plantings and landscape accessories affecting historic qualities of the property.
(2) Archaeological Site means an area where remain man or his activities prior to keeping of history are still evident. (3) Certificate of Appropriateness means a certifi
issued by the City Council approving such plans, specificati
design, or statements of work, for any proposed alteration,
restoration, construction, removal, relocation, or demolitio 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, buildins
landscape, structures, signs, features, sites, places, areas
other objects of scientific, aesthetic, educational, culturz architectural, or historic significance to the citizens of t
City.
(1) Alteration means any change or modification,
structure or any of its architectural details or visual
(4) Commission means the Historic Preservation
(5) Contributing Structure means a structure withi
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(7) Exterior Architectural Feature means the
architectural style, design, general arrangement, components natural features and all the outer surfaces of the improvemer
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 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 natural or artificial landscaping. (8) Historic District means any area which contains
or more historic resources or landmarks which has a special
character or special historical value, along with other
structures, cultural, architectural, archaeological, communi\ aesthetic value, or which represent one or more architectura:
periods or styles typical to the history of the City, that h(
been designated a historic district pursuant to this title. (9) Improvement means any building, structure, plac
site, structural work of art, landscape feature, plant-life, life-form, scenic condition, parking facility, fence, gate, or other object constituting a physical betterment of real property, or any part of such betterment. (10) Historic Resources Inventory means the histor resources inventory adopted and maintained by Council pursua
Chapter 22.06 of this Title.
manmade or natural, which has special historic, cultural,
architectural, archaeological, community, interest, or value
part of the development, heritage or history of the City, th State of California, or the nation and that has been designa
as a landmark pursuant to this title.
( 12) Ordinary Maintenance means any cleaning, pain
and restoration which does not result in the alteration of a improvement or landmark.
fossilized or other wise preserved remains of plants or anim
which generally predate man’s emergence on the earth are sti
partnership, firm, corporation, public agency, or political
subdivision.
Rehabilitation means the Secretary of the Interior’s Standar for Rehabilitation and Guidelines for Rehabilitating Histori
Buildings by the U.S. Department of the Interior, National F
Service. (16) Site means any parcel or portion of real prog
which has specialcharacter or special historic cultural,
archaeological, architectural, community or aesthetic value.
22.04.050 Review of Development Plan. As part of
environmental review of development projects affecting histc resources the plans and application shall be referred to as Historic Preservation Commission for review. The Commissior
recommend that specific environmental studies be done as pal
( 11 ) Landmark means any property or improvement,
(13) Paleontological Site means an area where
i evident.
(14) Person means any individual, association,
(15) Secretary of the Interior’s Standards for
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the environmental review for the project. The Commission sh
receive notice of all environmental review decisions on a pr 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 a Historic Preseervation Commission is created.
22.04.020 Composition - Appointment. The Historic Preservation Commission shall consist of five regular member one ex-officio representative of the Planning Commission. A regular members of the Commissions must have knowledge of an demonstrated interest in historic preservation and of local history. The Commission shall be composed of members having 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 vo
The ex-officio representative shall not be entitled to a vot
Appointment to the Historic Preservation Commission shall be
by the City Council. The Planning Commission shall appoint
member of the Planning Commission to serve as the ex-officic
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representative to the Historic Preservation Commission. Of five members of the Commission first appointed under this ch one member shall be appointed for one year, one member shall appointed for two years, one member shall be appointed for t years, and two members shall be appointed for four years. 'I
successors shall be appointed for terms of four years. If i vacancy occurs other than by expiration of a term, it shall
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 qualifi
22.04.030 Duties. (a) The Commission shall act j advisory capacity to the City Council, Planning Commission, 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 Commission to provide advice to the City Council on the follo matters:
(1) Criteria for guidelines to be used in comprehensive historic survey of properties within the City;
(2) The designation of historic landmarks historic districts; (3) Sites and areas to be considered for listing on Carlsbad's Histroric Resources Inventory;
(4) The hiring of staff or consultants tc
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; (6) The purchase of interests in propert! purposes of historic preservation;
(7) Participation in and the promotion ai dissemination of public information, education and interpret
programs pertaining to historical areas and sites;
(8) Cooperation with local, County, Statc
Federal governments in pursuit of the objectives of historic
preservation; and (9) Any other matter which the Commissioi deems necessary to protect historical resources.
( 1) Reviewing the conduct of land use,
(5) The adoption of standards to be used
(c) The Commission shall be responsible for:
housing and redevelopment, municipal improvement, and other
of planning and programs undertaken by any agency of the Cit:
the County, or State, as they relate to the historic preserv'
of the community; (2) Publicizing and periodically updatinl
survey results;
(3) Maintaining the Carlsbad Historic Resources Inventory.
(4) Maintaining a local register of historical areas and sites within the City.
(5) Investigating and reporting to the C
Council on the use of various Federal, State, local or priva funding sources and mechanisms available to promote historic
preservation in the City;
request of the property owner or occupant, on the restoratic alteration, decoration, landscaping or maintenance of any
historical area or site; and
be designated by the City Council.
22.04.040 Organization, Rules and Procedures. Thc
Historic Preservation Commission shall establish such rules,
regulations, and procedures not inconsistent with this Chapt for the transaction of business and shall keep a public recc
its resolutions, transactions, findings and determinations.
(6) Rendering advice and guidance, upon
(7) Performing any other functions that
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Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICT
Sections:
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
22.06.010 Establishment of Historic Resources
I nven tor y
Inventory. The City Council shall establish and maintain a Historic Resources Inventory.
22.06.020 Criteria for Historic Resources Inventor! historic resource may be considered for inclusion in the His1 Resource Inventory based on one or more of the following: (1 ) It exemplifies or reflects special elements of City's cultural, social, economic, political, aesthetic, engineering, or architectural history; or
(2) It is identified with persons or events signif: in local, state, or national history; or (3) It embodies distinctive characteristics of a si
type, period or method of construction, is a valuable examplt
representative of a notable work of an acclaimed builder, designer or architect; or
(4) It is an archaeological, paleonological, botan geological topographical, ecological or geographical site wh
has the potential of yielding information of scientific valuc or
(5) It is a geographically definable area possessi concentration of sites, buildings, structures, improvemenvts objects linked historically through location, design, settin1 materials, workmanship, feeling, and/or association, in whic: collective value of the improvements may be greater than the value of each individual improvement.
22.06.030 Historic Landmark Designation Procedures Historic landmarks shall be established by the City Council
the following manner: (a) Any person may request the designation of improvement or landscape feature as a historic landmark by submitting a written request for such designation to the Historical Preservation Commission. The Historical Preservc Commission, Planning Commission, Design Review Board, or Cit Council may also initiate such proceedings by motion.
the use of indigenous materials or craftsmanship or is
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Development Processing Department upon prescribed forms and include the following data:
Assessor's Parcel Number and address of site. (1) Name and address of property owner I
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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
(6) Additional information
(A) Site plan in appropriate scale
(B) Legal description of the proper
(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 revie
the landmark application according to the criteria of Sectic 22.06.020. (d) Notice of the public hearing shall be gii as provided in Section 21.54.060(2) of this Code. In additi notice of the date, place, time and purpose of the hearing E be mailed, return receipt requested, to the owner of the
assessment role at least forteen days prior to the date of t public hearing. Failure to send notice by mail to any prop€ owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedir in connection with the proposed designation. (e) A notice of the request for designation E 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 prog
landmark shall be issued while the matter is pending final
proposed landmark property as shown on the last equalized
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(f) After the public hearing the Commission E
by resolution make a report and recommendation to the City
Council. If the Commission determines that the improvement
not meet landmark criteria, the process shall terminate and
Commission shall notify the property owner and applicant of termination in writing within ten days of the Commission's
determination. If the Commission determines that the cultur resource warrants landmark designation and the property own€ consented to same in writing, then the Commission shall subn written recommendation to the City Council incorporating its reasons in support of the proposed landmark designation. Wj
the property owner's consent to the proposed designation, tl process shall terminate.
(9) The City Council shall hold a public hear on the proposed historic landmark designation within thirty of the receipt of the recommendation from the Commission.
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(h) At the conclusion of the public hearing ( proposed designation, the City Council shall, by resolution, designate or conditionally designate, or disapprove' the designation of the historic landmark. Written notice of the
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 the following manner:
(a) The procedures for designating a historic district shall be the same as for designating a historic lar except as otherwise provided in this section. (b) Any application for designation of a hist district shall be filed with the Planning Department upon tl prescribed form and shall include the following data:
(1) Boundaries of the proposed district list of names and addresses of property owners, Assessor's I Numbers and addresses of properties within the boundaries.
(2) Description of the proposed historic district, including special aesthetic, cultural, architectui
or engineering interest or value of a historical nature.
(3) Sketches, photographs, or drawings.
(4) Statement of condition of structures improvements within the district.
(5) Explanation of any known threats to cultural resource within the district.
(6) Other information requested by the Planning Department.
(c) If written consent of two-thirds of the ( 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 terminatc
the Commission shall notify the property owners and applicar said termination within fourteen days of the Commission's
determination. (d) If the Commission determines that the arc warrants historic district designation, it shall submit a w '
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I/ recommendation to the City Council incorporating its reasons
support of the proposed historic district designation, withi fourteen days of reaching its decision. Such recommendatior
shall include a report containing the following information:
(1) A map showing the proposed boundaric the historic district and identifying all structures within
boundaries, contributing or non-contributing.
(2) An explanation of the significance ( proposed district and description of the cultural resources within the proposed boundaries.
(3) Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, parkin5 regulations, and any other modification to existing developr standards necessary or appropriate to the preservation of tl
proposed historic district.
(4) Proposed design guidelines for appl! the criteria for review of Certificates of Appropriateness i nominated historic district.
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Chapter 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
22.08.010 Permits to Work on Historic Resource,
Historic Landmark or Historic District
Historic Landmark or Historic District. (a) It is unlawful
any person to tear down, demolish, construct, alter, remove, relocate any improvement, or any portion thereof which has b designated a Historic Landmark pursuant to the provisions of
chapter, or which lies within an Historic District, or to a1 in any manner any feature of such a Historic Landmark, Histo
Landmark site or improvement within an Historic District wit
first obtaining a permit in the manner provided in this chap
any permit to carry out such work on a designated Historic Landmark, Historic Landmark site or within an Historic Distr
unless a permit has previously been issued by the City Counc
demolition permit, grading permit, redevelopment permit,
conditional use permit, variance, development plan, zone cha tentative parcel or subdivision maps or any other permit whi
would allow the attention of a historical landmark, historic landmark site or any improvement in a historical district sh be deemed complete unless a permit has previously been issue pursuant to this chapter. (c) No permit shall be necessary for ordinary
maintenance and repair if the proposed work will not alter c change the style, color, design, features or character of tk! site or area and a permit is not required under §301(b) of t Uniform Building Code nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demo1 or removal of any such feature when the Building Department certifies to the Council that such action is required for tk public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Histor Building Code. (d) The permit required by this Chapter shall
in addition to any other permit required for a proposed pro:
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 Managt
This application must include the plans and specifications the propsed work. Within thirty days from the receipt of Si
(b) No Board, Department or Commission shall
provided in this Chapter. No application for a building per
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complete application the Commission shall review the applicai and shall make a written report to the City Council. The Cii Council shall hold a public hearing on the application withii
days of receipt of the Commission report. Notice of the pub:
hearing shall be given as provided in Section 21.54.060(b) 0: this code.
At the conclusion of the public hearing on the perm
application, the City Council shall, by resolution, issue or
deny, in whole or in part, any permit application.
22.08.030 Permit criteria. The City Council shall issue a permit for any proposed work, if and only if, it determines:
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 demonstrates to the City Council that such property cannot b
economically used and denial of a permit would deprive the o of all or most of his or her economic interest in the proper
the Council may issue the permit with an effective date one hundred eighty days from the date of issuance of the permit allow time for the investigation of alternatives to the work proposed in the permit application such as acquisition of si improvement by the City or a public interest group.
(3) In the case of construction of a new improveme
of such improvements will not adversely affect and will be compatible with the external appearance of existing designat improvements, buildings and structures in said site.
convincing evidence of facts demonstrating to the satisfacti
substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed wor whether this be property owner, tenant or resident, or becau conditions peculiar to the particular improvement, building structure or other feature involved, and that approval of th application will be consistent with the purposes of this
chapter.
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 si
to control as specified in the designating ordinance or pemj all interior portions and appurtenances thereof whose maintc
is necessary to prevent deterioration and decay of the resoi
It shall be the duty of the Building Director or designee tc enforce this section.
(1) In the case of a designated historical site, t
building or structure upon an historical site, that the exte
(4) That the applicant has presented clear and
the City Council that such disapproval will work immediate a
22.08.040 Duty to Keep in Good Repair. The owner,
22.08.050 Existing Improvements. All repairs, alterations, reconstructions, restorations or changes in us€ existing improvements shall conform to the requirements of 1
California Historical Building Code. 10.
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Chapter 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 appea shall be filed with the City Clerk within ten (10) days afte. action of the Historic Preservation Commission from which thc appeal is being taken.
matter for public hearing. Such hearing shall be held withi 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
Within thirty days following the conclusion of the
Not later than seven days following the City Counci
22.10.020 Enforcement. Whenever any alteration, demolition, relocation, construction or grading of any site
being done contrary to the provisions of this Title, the Dir
of Building and Planning or designee may order the action st by notice in writing served on any person or persons engaged
the doing or causing such action, and any such person or per shall forthwith stop such alteration until authorized by the Director of Building and Planning or designee to proceed.
It shall be unlawful for any person to carry out ar work on any building, structure or site in violation of a nc stopping such work. Any violation of the provisions of this title shall constitute a public nuisance.
22.10.030 Restitution. Upon damage, destruction ( removal of a cultural resource, Historic Landmark or Histor District without permit, the Preservation Commission shall review the action and make recommendation for restitution commensurate with damage inflicted, specifically assessing cultural as well as economic value of the resource destroyel
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22.10.040 Penalties. Any person violating any provision of this Title shall be deemed guilty of a misdeme upon conviction thereof shall be fined in an amount not exceeding five hundred ($500) dollars or be imprisoned for period not exceeding six months or be so fined and imprison
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Each day such violation is committed or permitted to continuc shall constitute a separate offense and shall be punishable i
such hereunder .
22.10.050 Severability. If any section, subsectior 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 the remaining portions of this chapter or any part thereof.
City Council hereby declares that it would have passed each
section, subsection, subdivisions, paragraphs, sentences or
clauses or phrase thereof, irrespective of the fact that any 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 cer
to the adoption of this ordinance and cause it to be publish
at least once in the Carlsbad Journal within fifteen days af
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of t
Carlsbad City Council on the day of
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said Cit
Council held on the day of , 1985 b
the following vote, to wit:
AYES:
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR. City Attorney
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk