HomeMy WebLinkAbout1985-10-01; City Council; 8346; GPA|HIS 85-1 CITY OF CARLSBAD PROPOSED HISTORIC PRESERVATION ELEMENT TO THE GENERAL PLAN WITH IMPLEMENTING ORDINANCEr 4 AB#& TITLE: GpA/HIS 85-1 CITY OF CARLSBAD
DEPT. RED IMPLEMENTING ORDINANCE
MTG. 10/1/85 PROPOSED HISTORIC PRESERVATION
ELEMENT TO THE GENERAL PLAN WITH
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-, -I CYTYmF CARLSBAD - AGEND-LL i
RECOMMENDED ACTION:
If the City Council concurs your action is:
1.
2. Adopt Resolution No. /Iffadopting a Historic Preservat
By motion approve the Negative Declaration.
Element as part of the General Plan for the City of
Carlsbad.
3. Introduce Ordinance No. fl74to provide for Historic
Preservation in the Carlsbad Municipal Code.
ITEM EXPLANATION
The Planning Commission at their meeting of September 11, adopted Resolution No. 2489 recommending APPROVAL of an amendme]
to the General Plan to adopt a Historic Preservation Element.
The Planning Commission resolution and staff report are attachec as Exhibit 1.
The Element provides for the creation of an Advisory Historic Preservation Commission with specific duties to advise the Couni
and/or its appointed Boards and Commissions on matters relating
to historic preservation. The Planning Commission also recomme
that the proposed ordinance be adopted.
a recommendation that when sites are designated the property
owners are absolutely aware that by consenting to designation
they are subjecting the property to certain legal obligations.
The C uncil's action, if you concur, is to adopt Resolution
No. byfwhich would approve GPA/HIS 85-1 adopting a Historic
Preservation Element as part of the General Plan for the City
of Carlsbad and to introduce Ordinance No. yyy&adding provisio
for Historic Preservation to the Carlsbad Municipal Code.
1985,
Their motion included
FISCAL IMPACT
Staff time will be required to serve the Historic Preservation
Commission.
of an inventory. Once the inventory is completed, service to
the Commission would require less than one-quarter of an administrative assistant's time.
Designated sites can generate grant funding for rehabilitation of sites.
The most time will be needed to assist in preparat
EXHIBITS
1 - Planning Commission Resolution No. 2489.
2 - Resolution No. &+'-y$$adopting GPA/HIS 85-1
3 - Ordinance No. 7776
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i RESOLUTION NO. 8198 p< /’
-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING THE GENERAL
PLAN BY THE ADOPTION OF A HISTORIC PRESERVATION ELEMENT.
APPLICANT: CITY OF CARLSBAD CASE NO. : GPA/HIS 85-1
WHEREAS, the Planning Commission did on September 11,
hold a duly noticed public hearing as prescribed by law to cc
an amendment to the General Plan to establish a Historic
Preservation Element and adopted Resolution No. 2489; and
WHEREAS, the Planning Commission has determined that (
85-1 would not have significant impacts on the environment ai
recommends that the City Council approve a Negative .. Dec.larat
for this application in satisfaction of the requirements of
City of Carlsbad Environmental Protection Ordinance of 1980
the California Environmental Quality Act.
.,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad, California as follows:
1)
2)
That the above recitations are true and correct.
That the Negative Declaration filed in the office of
Land Use Planning Manager on August 31, 1985 is apprc
That the findings of the Planning Commission as setfc
in Planning Commission Resolution No. 2489 constitute findings P of the City Council.
That the General Plan of the City of Carlsbad is her(
amended by the adoption of a Historic Preservation E as shown on Exhibit A, attached hereto and made a pa
hereof.
3)
4)
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m - PASSED, APPROVED AND ADOPTED at a regular meeting of tl
City Council of the City of Carlsbad, California, on the 1st
day of October, 1985, by the following vote, to wit:
AYES:
NOES: None
ABSENT: ~IE
ABSTAIN :
Council Members Casler, Lewis, Kulchin, Chick and Pettin
None 3 de.&A Ice, MARY H CASLER, Mayo
ATTEST:
i,t?diLdQ ALETHA L. MUTEN&
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9. % Resolution No @TORIC PR6SERVATiON ELEItl
The Historic, Preservation Element of the General Plan recognizes that historic
preservation is a valuable asset to the community and the City of CarIsbad shalf 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 th
City' s
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.
Establish a Historic Preservation Commission with
specific powers and duties related to preservation concerns and to make recommendations to elected
officials and staff concerning historic preservation --issues. ' ,
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existing and continuing heritage.
Objective No. 1:
Objective No. 2:
... .- .I
Objective No. 3: Encourage and assist property owners to utilize all
available incentives for preservation of historic re2
Adopt a historic resource inventory to be maintain
and updated periodically.
Objective No. 4:
GOAL:
Foster civic pride in the beauty and accomplishments characterizing the City's past and continuing history.
Promote the use of historic resources for the edut
pleasure and welfare of the people of the City.
Cooperate with historic societies, schools, librarie
and citizens to stimulate public interest in historic
preservation.
Provide landmark identification of designated hist1 resources. .
Objective No. 1:
Objective No. 2: -
Objective k. 3:
COAL:
To strengthen the economy of the City.
Objective No. 1:
.- . .- .
Further the recognition by the community that di
7- - sites, buildings, structures and other objects of., historic importance will increase both fiscal and c
value. ..
w .. .m . .,
Objective No. 2: Encourage the use of tax incentives, regional, state
and federal programs which promote historic preserv to upgrade and redevelop property vitality.
Enhance the City's attractions to residences, tourist
and visitors and to support and stimulate business
and industry. .
Encourage formation of historic districts for the
protection of resources and promotion of tourism.
-. -
Objective No. 3:
Objective No. 4:
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ORDINANCE NO. 9776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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
does ordain as follows:
SECTION 1: That the Carlsbad Municipal Code is amer
by the addition of Title 22 pertaining to Historic Preservati
to read as follows:
TITLE 22
HISTORIC PRESERVATIOEJ
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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
t0 t 0 18 Chapter 22.02
1
GENERAL REGULATION AND ADMINISTRATION I
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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
22.02.020 Purpose and Intent. It is the intent ani
(1 ) Effect and accomplish the protection, enhancem
and perpetuation of historic resources, landmarks and distri
that represent or reflect elements of the City's cultural, social, economic, political, and architectural history;
the "Historic Preservation Ordinance."
' purpose of this title to:
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(2) Safeguard the City's historic heritage, as emb
and reflected in its historic resources, landmarks and histo
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: (6) Strengthen the economy of the City;
(7) Promote the use of historic districts and land
for the education, pleasure and welfare of the people of the
City.
22.02.030 Boundaries and Areas of Application. Th title shall apply to all historic resources, publicly and privately owned, within the corporate limits of the City of Carlsbad.
22.02.040 Definitions. Whenever the following WOL terms are used in this title they shall have the meaning
established by this section:
through public or private action, of any historic resource c
any property located within a historic district including, t
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 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 affectin5
historic qualities of the property. (2) Archaeological Site means an area where remair man or his activities prior to keeping of history are still
evident.
(3) Certificate of Appropriateness means a certif: issued by the City Council approving such plans, specificat:
design, or statements of work, for any proposed alteration,
restoration, construction, removal, relocation, or demolitic whole or in part, of or to an historic resource or to any
improvement within a historic district.
(4) Commission means the Historic Preservation
Commission established by this Chapter.
(5) Contributing Structure means a structure with
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, buildin(
landscape, structures, signs, features, sites, places, area other objects of scientific, aesthetic, educational, cultur architectural, or historic significance to the citizens of City.
(1) Alteration means any change or modification,
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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 improvemen
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, rockr 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, communit aesthetic value, or which represent one or more architectural
periods or styles typical to the history of the City, that hz 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, 1 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 pursuar 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
( 11 ) Landmark means any property or improvement,
(13) Paleontological Site means an area where 1
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i which generally predate man's emergence on the earth are sti evident.
partnership, firm, corporation, public agency, or political
subdivision.
Rehabilitation means the Secretary of the Interior's Standar
for Rehabilitation and Guidelines for Rehabilitating Historj
Buildings by the U.S. Department of the Interior, National E
Service.
' (16) Site means any parcel or portion of real pro1
which has special character or special historic cultural,
archaeological, architectural, community or aesthetic value,
(14) Person means any individual, association,
(15) Secretary of the Interior's Standards for
22.04.050 Review of Development Plan. As part of environmental review of development projects affecting hist< resources the plans and application shall he referred to as Historic Preservation Commission for review. The Commissior
recommend that specific environmental studies be done as pal
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0 - the environmental review for the project. The Commission sha receive notice of all environmental review decisions on a pro 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 Orqanization, 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. AI
regular members of the Commissions must have knowledge of anc 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
j The ex-officio representative shall not be entitled to a vot 1 Appointment to the Historic Preservation Commission shall be
I by the City Council. The Planning Commission shall appoint
member of the Planning Commission to serve as the ex-officio
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. T
successors shall be appointed for terms of four years. If z
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 Rev:'Lew 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
listinq 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
(5) The adoption of standards to be used
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 properti purposes of historic preservation; (7) Participation in and the promotion ar
dissemination of public information, education and interpreti
programs pertaining to historical areas and sites; (8) Cooperation with local, County, State
Federal governments in pursuit of the objectives of historic preservation; and (9) Any other matter which the Commissior
deems necessary to protect historical resources.
(c) The Commission shall be responsible for:
housing and redevelopment, municipal improvement, and other
the County, or State, as they relate to the historic preserv
of the community:
(2) Publicizing and periodically updatin survey results;
(3) Maintaining the Carlsbad Historic
(4) Maintaining a local register of
(1) Reviewing the conduct of land use,
of planning and programs undertaken by any agency of the Cit
1 Resources Inventory.
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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.
(6) Rendering advice and guidance, upon
(7) Performing any other functions that
22.04.040 Organization, Rules and Procedures. The
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.
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Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICl
Sections:
22.06.010 Establishment of Historic Resources
22.06.020 Criteria for Historic Resources Inventor]
22.06.030 Historic Landmark Designation Procedures
22.06.040 Historic District Designation Prodecures
22.06.010 Establishment of Historic Resources
Inventory
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 His
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 s
type, period or method of construction, is a valuable exampl
the use of indigenous materials or craftsmanship or is
representative of a notable work of an acclaimed builder, designer or architect; or (4) It is an archaeological, paleonological, botan
geological topographical, ecological or qeographical site wh
has the potential of yielding information of scientific valu or (5) It is a geographically definable area pcssessi
concentration of sites, buildings, structures, improvemenvts
objects linked historically through location, design, settin
materials, workmanship, feeling, and/or association, in whic
collective value of the improvements may be greater than the value of each individual improvement.
Historic landmarks shall be established by the City Council
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 Preserv? Commission, Planning Commission, Design Review Board, or Cit Council may also initiate such proceedings by motion. (b) Any such request shall be filed with the
Development Processing Department upon prescribed forms and
include the following data:
Assessor's Parcel Number and address of site.
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2:1.06.030 Historic Landmark Designation Procedures
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(a) Any person may request the designation of
(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 1
(6) Additional information
improvement of the site.
(A) Site plan in appropriate scale
(B) Legal description of the properi
(C) Photoqraphs - old and recent
(D) Proposed use
(E) Existing zoning
(F) Bibliography and references
(G) Chain of title, if available (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 Sectio 22.06.020. (d) Notice of the public hearing shall be giv
as provided in Section 21.54.060(2) of this Code. In additi notice of the date, place, time and purpose of the hearing s
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 t public hearing. Failure to send notice by mail to any prope owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedin in connection with the proposed designation. (e) A notice of the request for designation a 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 prop landmark shall be issued while the matter is pending final
decision.
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 cultui resource warrants landmark designation and the property own< consented to same in writing, then the Commission shall subr written recommendation to the City Council incorporating it: reasons in support of the proposed landmark designation. W:
the property owner's consent to the proposed desiqnation, tl process shall terminate. (9) The City Council shall hold a public heal on the proposed historic landmark designation within thirty of the receipt of the recommendation from the Commission.
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(f) After the public hearing the Commission E
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(h) At the conclusion of the public hearing o
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 lan
except as otherwise provided in this section.
(b) Any application for designation of a hist
district shall be filed with the Planning Department upon th prescribed form and shall include the following data:
list of names and addresses of property owners, Assessor's F
Numbers and addresses of properties within the boundaries, (2) Description of the proposed historic district, including special aesthetic, cultural, architectur or engineering interest or value of a historical nature.
(1) Boundaries of the proposed district
(3) Sketches, photographs, or drawings.
(4) Statement of condition of structures
(5) Explanation of any known threats to
(6) Other information requested by the
improvements within the district.
cultural resource within the district.
Planning Department.
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 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 WI recommendation to the City Council incorporating its reasons support of the proposed historic district desiqnation, withj
fourteen days of reaching its decision. Such recommendatior shall include a report containing the following information: (1) A map showing the proposed boundarie
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.
(c) If written consent of two-thirds of the c
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(3) Recommendations as to appropriate
, permitted uses, special uses, height and area regulations,
minimum dwelling size, floor area, sign regulations, parkinc regulations, and any other modification to existing develop] 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 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 bl
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
provided in this Chapter. No application for a building per
demolition permit, gradinq permit, redevelopment permit, conditional use permit, variance, development plan, zone cha
would allow the attention of a historical landmark, historic landmark site or any improvement in a historical district sl- be deemed complete unless a permit has previously been issue
pursuant to this chapter. I (c) No permit shall be necessary for ordinary
(b) No Board, Department or Commission shall
tentative parcel or subdivision maps or any other permit whi
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maintenance and repair if the proposed work will not alter c change the style, color, design, features or character of tl- site or area and a permit is not required under S301(b) of t Uniform Building Code nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demo: or removal of any such feature when the Building Department certifies to the Council that such action is required for tl
public safety due to an unsafe or dangerous condition which
cannot be rectified throuqh the use of the California Histoi
Building Code. (a) The permit required by this Chapter shal 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 Processinq Division on forms designated by the Land Use Planning Manag
This application must include the plans and specifications the propsed work. Within thirty days from the receipt of s
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complete application the Commission shall review the applicat.
and shall make a written report to the City Council. The Cit] Council shall hold a public hearing on the application within
days of receipt of the Commission report. Motice of the pub1
hearing shall be given as provided in Section 21.54.060(b) of
this code.
At the conclusion of the public hearing on the permi
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 be economically used and denial of a permit would deprive the OF
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 q allow time for the investigation of alternatives to the work proposed in the permit application such as acquisition of si1 improvement by the City or a public interest group. (3) In the case of construction of a new improvemei building or structure upon an historical site, that the extei
compatible with the external appearance of existing designat
improvements, buildings and structures in said site.
convincing evidence of facts demonstrating to the satisfacti
the City Council that such disapproval will work immediate a 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 resot
It shall be the duty of the Building Director or designee tc
enforce this section.
(1) In the case of a designated historical site, th
of such improvements will not adversely affect and will be
(4) That the applicant has presented clear and
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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 California Historical Building Code.
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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 appeal
shall be filed with the City Clerk within ten (10) days after
action of the Historic Preservation Commission from which the appeal is being taken. Upon filing of an appeal, the City Clerk shall set t matter for public'hearing. Such hearing shall be held withir thirty days after the date of filing the appeal. Within thirty days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final.
Not later than seven days following the City Counci: decision, the City Clerk shall send written notice of the decision to the applicant and appellant.
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 an
22.10.020 Enforcement. Whenever any alteration,
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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 i cultural as well as economic value of the resource destroyec
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 continue shall constitute a separate offense and shall be punishable a:
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
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 cert
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 1st day of October
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said Cit
Council held on the 15th day of October , 1985 k
the following vote, to wit: I
AYES: Council P@t-kers Casler, Lewis, Kdchin, Chick and Pett
NOES: None
ABSENT: None
/ L/
%L-Aflf d5 Le&/ MARY H. &ASLER, Mayor
ATTEST : *d?- -I Z, it.Clerk
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PLANNING COMMISSION RESOLUTION NO. 2489
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
AN AMENDMENT TO THE GENERAL PLAN TO ESTABLISH A
HISTORIC PRESERVATION ELEMENT.
APPLICANT : CITY OF CARLSBAD
CASE NO.: GPA/HIS 85-1
WHEREAS, a verified application for an amendment to the
General Plan designation for a Historic Preservation Element
attached as Exhibit "A", dated August 1, 1985, has been file
with the Planning Commission; and
WHEREAS, said verified application constitutes a reques
for amendment as provided in Title 21 of the Carlsbad Munici
Code; and
WHEREAS, at said public hearing, upon hearing and consi
all testimony and arguments, if any, of all persons desirins
to be heard, said Commission considered all factors relatin5
to the General Plan amendment.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commiss:
of the City of Carlsbad, as follows:
A)
B)
That the above recitations are true and correct.
That in view of the findings made and considering the
applicable law, the decision of the Planning Commissior is to recommend APPROVAL of GPA/HIS 85-1, as shown on Exhibit "A" , dated August 1, 1985.
FINDINGS
1) That the Historic Preservation Element is necessary anc
beneficial to the Community.
That the Historic Preservation Element will permit Car
to adopt a historic preservation ordinance and a
comprehensive program for historic preservation manage
2)
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3) That a Historic Preservation Element will preserve the
character of the Community through the management and protection of Carlsbad’s historic resources.
PASSED, APPROVED AND ADOPTED at a regular meeting of tl
Planning Commission of the City of Carlsbad, California, on
the 11th day of September, 1985, by the following vote, to 7
AYES: Chairman Schlehuber, Commissioners: L’Heureux,
NOES : None.
ABSTAIN : None.
ABSENT: Commissioners McFadden & Rombotis.
Marcus, Smith &i Hall.
&*,+A- (scd /i pa! CLARENCE SCHLEHUBER, Chairperson PLANNING COMMISSION
ATTEST:
1 ’ A &?ll! . (-j,--j *, qP&&Q /. -
MICHAEL J. WbL’ZMIuER Land Use Planning Manager
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Planning Commission Resolution No. 2489
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STAFF REPORT e
DATE : September 11, 1985
TO : PLANNING COMMISSION
FROM: Redevelopment Office
SUBJECT : GPA/HIS 85-1/CITY OF CARLSBAD- Proposed Historic
Preservation Element to the General Plan with implementing ordinance.
I. RECOMMENDATION
It is recommended that the Planning Commission approve the Negative
Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2489 recommending APPROVAL of GPA/HIS 85-1.
11. BACKGROUND
The City Council appointed an Ad-Hoc Historic Preservation Committe
to make recommendations for preservifiq the City's heritaae. The
Committee has developed a proposed general plan element with implementing ordinance.
The proposed Historic Preservation Element presents goals and polic
that show the City's commitment to the management and preservation
of the Community heritage.
implement the General Plan Element by permitting the Council to
establish an advisory Historic Preservation Committee with specific
duties.
The recently adopted Arts Element address the artistic and creative
cultural environment while the proposed Historic Preservation Eleme
deals with preserving the character of the community through the
management and protection of historic resources.
The proposed ordinance would then
111. ANALYSIS
PLANNING ISSUES
1) Is the establishment of a Historic Preservation Elemen
necessary and desirable?
Is the proposed Historic Preservation Element consiste
with other elements of the General Plan? 2)
e @
’ DISCUSSION
State planning law does not require a Historic Preservation Element
as one of the nine mandatory elements of the General Plan but does provide for jurisdictions to adopt optional elements. The City
currently has three elements not required by law; the Parks and
Recreation Element, the Public Facilities Element and the Arts
Element.
The Ad-Hoc 3istoric Preservation Committee and staff feel that
a Historic Preservation Element is desirable as it provides the
legal machinery for Carlsbad to develop awareness and to develop
a comprehensive program for historic preservation management.
EFFECTS OF THE PROPOSED ELEMENT
A. All development projects submitted would require a finding
of General Plan conformance.
An implementing ordinance would be required. B.
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 Resource’s Inventory. Commission would
hold public meetings with affected property owners prio
to developing the .list.
2. Maintain and update the Inventory as directed by
Council.
3. Recommend to Council resources from the Inventory to
be designated as a Historic Site or District on the
Local, State or National level.
4. Make reports, and recommendations to Council or its designee on all applications for permits or
development proposals on any resource listed on the
Inventory, a designated Site or District.
Explore and recommend to Council means for public education and assistance for protection of historic
resources.
5.
The major impact of the proposed Historic Preservation Element
with implementing ordinance would be to delay the permit issuance
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' up to 180 days on listed or des'ignated properties. Staff support ' . would be necessary to assist the Commission and process application
Historic Preservation can generate grant funding for rehabilitatio
Staff feels that the Historic Preservation Element will be of benef
to the Community and recommends that the Planning Commission adopt
Resolution No. 2489 recommending APPROVAL of a Historic Preservatic Element with implementing ordinance.
The Commission needs to hear the Historic Preservation Element as
a public hearing matter and consider the implementing ordinance
as an informational item.
the Element and ordinance will be forwarded to City Council. The Commission's recommendation for bot?
IV. ENVIRONMENTAL REVIEW
The Land Use Manager has determined that there will be no
significant environmental impacts resulting from this project
and has issued a Negative Declaration on August 31, 1985.
ATTACHMENTS
1) Planning Commission Resolution No. 2489
2) Historic Preservation Element
3) Historic Preservation Ordinance
4) Staff Report to City Council dated July 9, 1985
PAC:al
8/29/85
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CITY OF CARLSBAD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of
Carlsbad will hold a public hearing at the City Council Chambers,
1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Tuesday,
October 1, 1985, to consider approval of c; new Historic Preservatiol Element to the General Plan which will set goals and policies on
preserving the City's heritage through management and protection
of historic resources. At this same meeting, an ordinance will
be considered that will implement the Historic Preservation Element
The ordinance permits City Council to appoint an advisory Commissio with specific duties relating to historic preservation located with the Carlsbad sphere of influence.
Those persons wishing to speak on this proposal are cordially
invited to attend the public hearing. please call the Redevelopment Office at 438-5593.
If you challenge the General Plan Amendment in court, you may be
limited to raising only those issues you or someone else raised
at the public hearing described in this notice, or in written
correspondence delivered to the City of Carlsbad at or prior to the public hearing.
If you have any questions
CASE FILE: GPA/HIS 85-1 APPLICANT: City of Carlsbad PUBLISH: September 21, 1985
9 * : *Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
3 138 ROOSEVELT ST. 8 P.O. BOX 248 8 CARLSBAD, CA 92008 8 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled mattc
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulat
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and wl
newspaper is published for the dissemination of local news and intelligence of a general character, (
which newspaper at all times herein mentioned had and still has a bona fide subscription list of pa)
subscribers, and which newspaper has been established and published at regular intervals in the s
City of Carlsbad, County of San Diego, State of California, for a period exceeding one y
next preceding the date of publication of
notice hereinafter referred to; and that the no
of which the annexed is a printed copy, has bl
published in each regular and entire issue of I
newspaper and not in any supplement thereoi
the following dates, to-wit :
CITY OF CARLSBAD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council ofthe City of Carls- bad will hold a public hearing at the City Council Chambers. 1200 Elm Avenue, Carlsbad. California. at 6:OO P.M. on Tuesday. October 1. lm, to consider approval ofa new September 21 Historic Preservation Element to the General Plan which will Set goals and policies on Preserving the City’s heritage through manage- ment and protection of historic re- sources. At this same meeting, an
ordinance will be considered that will implement the Historic Preser- vation Element. The ordinance per- mits City Council to appoint an advisory Commission with specific duties relating to historic preserva- tion located within the Carlsbad sphere of influence. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. If you have any questions please call the Redevelopment Office at 438-5593. lfyou challenge the General Plan
limited to raising only those issues you or someone else raised at the public hearing described in this notice. or in written corre- spondence delivered to the City of
hearing.
CT 4549 September 21. 1985
19. .................................
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19. .................................
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Amendment in court. you may bk ................................. 19.
Carlsbad at or prior to the public
Case File: GPNHIS 85-1
Applicant: City of Carlsbad State of California on t h e 2 1s t
I certify under penalty of perjury that the foregoing is
and correct. Executed at Carlsbad County of San Di
1.5M-11/84