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HomeMy WebLinkAbout1990-01-09; City Council; 10447; Historic Preservation Commission ReportCL - -^ OF CARLSBAD - AGENL+m, BILL SB#./o, TITLE: MTG. l/g/go HISTORIC PRESERVATION COMMISSION DEPT. RED REPORT TO/MEETING WITH THE CITY COUNCIL 0 6 RECOMMENDED ACTION: The Historic Preservation Commission seeks City Council direction in the implementation of the Historic Preservation Ordinance and duties of the Commission. ITEM EXPLANATION: The Historic Preservation Commission requested a meeting with the City Council in order for the Commission to give the Council an update of their activities and to seek direction on the implementation of the City’s Historic Preservation Ordinance. Commission Chairman Roy Blackford will introduce the Commissioners which will include individual biographies. The Commission will also give a slide presentation and will review the development and implementation of the Historic Preservation Ordinance and formation of the Commission, and a review of Commission accomplishments to date. The Commission will conclude with a verbal presentation to the Council seeking clarification from the Council regarding the duties and responsibilities of the Commission (Exhibit 1, Item IX.) FISCAL IMPACT: There is no fiscal impact. EXHIBITS: 1 . Document titled “City Council/Historic Preservation Commission Workshop: Agenda/Schedule. ” 2. Historic Preservation Commissioner biographies. 3. City of Carlsbad Historic Preservation Ordinance. 4. Document titled “City of Carlsbad: Certified Local Government - Historic Preservation Program.” EXHIBIT 1 I. II. III. IV. V. VI. VII. HISTORIC PRESERVATION COMMISSION REPORT TO CITY COUNCIL AGENDA/SCHEDULE INTRODUCTION A. Chairman Blackford will introduce Commission members. HISTORY OF COMMISSION A. How local preservation was started. PRESERVATION INCENTIVES AND SUPPORTING REGULATIONS A. Preservation tax benefits B. Historic building code C. Zoning and preservation D. Special use permits E. Funding sources PRESERVATION VALUE TO COMMUNITY ENVIRONMENT A. Historic buildings B. Trees C Nei ghborhoods D. Archeology E. Miscellaneous structures SITES LosT (DEMOLISHED) A. Historic buildings and structures B. Archeological sites ADAPTIVE USES A. Resources (i.e., buildings, structures, etc.) that were converted from one use to another. CARLSBAD’S CULTURAL RESOURCES A. Carlsbad’s resources connected with pioneer families, events, and architecture. VIII. ACCOMPLISHMENTS A. Designated local landmarks and points of interest B. Documentation of sites that have been lost and placement of plaques. C. Obtaining Certified Local Government status. C. Receipt of grants totaling $538,000 from the State Office of Historic Preservation. D. Commission archeological resource work. s IX. IMPLEMENTATION OF CITY'S ORDINANCE A. The Historic Preservation Commission is currently involved in the following activities: 1. 2. 3. 4. 5. 6. B. In order to prevent duplication of effort, the Council may wish to consider the following alternatives to the Recommending to Council the designation of historic sites (e.g., local landmark, point- of-interest). The development of archeological guidelines for use by the Planning Commission/ Department. Seeking funding sources for the promotion of historic preservation in the City of Carlsbad. Participating in the disseminating of public information and education pertaining to historic preservation. Participating in the review of Environmental Impact Reports. Participating in the review of development projects that affect historic resources. Commission’s continued participation in all of the above activities. ALTERNATIVE 1. Continue to participate in all the above historic preservation activities. ALTERNATIVE 2. Continue to do Items 1, 3 and 4. Discontinue participation in Items 2, 5 and 6 for the following reasons: Item 2, preparation of the archeological guidelines, has been completed. The guidelines will be forwarded to the Planning Commission/Staff to implement. No further review by the Historic Preservation Commission will be needed for archeological sites. Item 5, review of Environmental Impact Reports by the Historic Preservation Commission, is a duplication of Planning review under CEQA (California Environmental Quality Act) and the prepared archeological guidelines. Item 6, review of all development projects that affect historic resources is a duplication of Planning review. The Historic Prese;vation Commission review of those projects which contain a historic structure should continue. If the Council chooses Alternative 2, Council should direct staff to modify the Municipal Code to reflect the change in duties. . lm ELM AVENUE - CARLSBAO. CALl=RN~A 92a8 OllJC8 81 MO cm CIee ,“y / .- n<HiBlT 2 TEUP*Q,c~ (71q43&& Citp of Carf~fiab Nm Of aOUd Or cmmisaionr Zistoric Preservation . mm (Print of Typd t Brian Kelly Robertson Ad&a#s$ 4660 31 Cahno Zeal phona 8 438.2845 . ?rarmt Occupatfong Teacher, ‘driter, Farmer Euriner# Name and Addresrr Sane Bus. Pbonor Same Resident of Carlrbadt ‘ye23 Horn8 Pbon8r Regfrtered Voter in C=,lrb8dt Yes . . I am fmiliat with the rorponribilitier aariqnad to tha Board or Comniraioa en which I wirh to l rvo. If appointed to a Board or Comnfr8&on uhf& 18 rubfwt to ffnancfrl disclorure 18~. I am willbg to pmvida ruch rtatumnta as may be rquired. I am willlag to appear for an intamriaw regardfag nry qualifications for appoiatmrnt baforo ruc)r apmnittoa u may be deriqnatod by the city Cowcil 0s if requortod by iadivtdurl Council Mmberr. DATE: VW85 SfcmTulm ,’ I \ (Sao mmrao rido) 6/83 EDUCATION: Srades: ~-8 Carlsbad Schools g-12 Carlsbad High School, Graduated i 367 AA Cegree, Palomar College 1969 BA Degree San Giego State in Automotive, ?letal 2nd ,Y315ip.g :~chnols 1971. MA Degree San Diego State in Automotive Technology 1373 ElBtRIENCE : 1972 to present: Full tize instructor, ?alomar College 1977 to pesent: Overate faming o,=eratioa on family grogerty in Carlsbad 1984 to present: Contributing Editor to T&iLZP, LIFE and XOTOXiOME Magazines. O~SIDE ACTIVTTIES 8 Vember: C::‘AA, Outdoor Zriters Association of America Member: Kational Trust for Historic Preservation ADoiTrot!#~ RsmRMATIoN OR COMJmTS8 I have lived in Carlsbad for 31 years. My relatives have li*;ad b?re since 1568. I am currently compiling the history of the Kally family from 1814 to the .aresent. 1\ large portion of this history deals Ath the "eVOltition9t of Carlsbad. 1 currently live in ‘my graat-gr:nsfzthzr’s house, built in 1892 ..hich has been restored by ny wife and wa. I have a s;ecial attachaent to Carlsbad and I an q?lite fmili3r *::it!~ the 13,000 acre area hov;n as Sancho Agua Hedionda, as I have s??nt Z3r.Y a day ;lodding over the hills of the 3ancho and v:hst is C3:1;'::-* \ W 1200 ELM AVENUE RECEIVED CARLSBAO, CALIFORNIA 92008 Y CLERK'SOFFKE TELEPHONE i619) 434-2808 om0 ot rho City Clerk 9 APR -4 AH 10: 47 @it9 of ~&h@FCARLSl3A~ APPLICATION FOR APPOINTMFNT 6) AND/OR COMMISSION (9 (Please print or type.) NAM(S) OF BOARD(S) AND/OR COmISSION(S) IN UHICH INTERESTED: NAME : Dennis Ftichas~ ADDRESS: CITY: ZIP CODE: 9ti HOME PHONE: PRESENT OCCUPATION: Pl1lfll?-21 Pm BUSINESS NAME: . EX Environmental and Eg%rcrv SPTVIPPS a (w-1 BUSINESS ADDRESS: WORK PHONE: c;l a,A(i8-‘WA0 U.S. Citizenship (required for all appointments) Yes Y - No Resident of Carlsbad (preference given to residents) Yes y - No Registered voter in Carlsbad (required for some conmissions) Yes x - No I am familiar with the responsibilities assigned to the Board(s) or Comnission(s) on which I wish to serve; I am willing to provide required statements if appointed to a Board or Commission subject to financial disclosure; I am willing to be interviewed regarding my qualifications for appointment by a committee designated by the City Council or at the request of an individual Council Member. DATE: 3-f/-89 (Continued on reverse side.) B.S. Business - California State University, Northridge, 1973 B. A. AnthrOpOlogY - California State University, Northridge, 1974 -- Archaeologist for the state of California 1969 to 1974 Conducted archaeological excavations at both prehistoric and historic sites in central and southern California Archaeologist for the Bureau of Land Management 1975 to 1977 Conducted sample inventories for over 3 million acres in the California desert Archaeologist for WESTEC Services (presently EBCE) 1978 to present Lead archaeologist for prehistoric and historic studies Presentations given to the La Jolla Historical Society, San Elijo Volunteers, San Diego County Archaeological Society, Pacific Coast Archaeological Society and City of Carl&ad. ITIONN INFOf@MTION OR Cm m I have been involved in archaeological studies for both prehistoric and historic resources for the past 20 years. This experiencehas allowedme to takepartin all aspects of these studies fran field excavation to project planning to management of cultural resources for park planning and preservation. I am also very familiar with EIRs and sections dealing with cultwal resources, having written over 200 cultural resources reports. My research interest is Early Holocene Occupation in San Diego County with emphasis on coastal lagoons such as Agua Hedionda and Batiguitos Lagoon. My personal interest is to involve the public in cultural resource studies and to use cultural resources for educational purposes. , , --* I . ,a & rvlNUl . m cIcIuw @uIOfiNM 9300 -N, (714) 43&q& Olnc0 d rm cm - City of Cstlrbhb App~TIOU ?on APPdrmMmJT ‘pb -Awl OR ~?mTssIoq pIm og loud 08 -~~uion~ my Hfitoric Preservation Commission H&o (Priat 0s m) : Roy R. Blackford hddmrr* 3616 Oxford Street, Carlrbad, California 92008 . . . . . . . . moaat 729-5627. . P~ii~t~ac~~t&,,~ Archftc;t ,- . * . gwuou aw md wu8t ROY R. 6lacktord. Archltut 2942 Hardfng Street, Suite E, Carlsbad, Calftornfa 920043 . . - our, *-* 7294553 Roaidmt of Caslrbadt Yes Hoam PROW8 729-5627 Roq&atuad Votw ta Culrbds yes . . I 818 frd&iu w$th the raaporrribilittm uaignod to the Boud of Cam&w&on on wh&Q I rlrh to rana. tL rpgointrd to 8 Baud og b-@&W wh&d8 $8 8Ubf@ct t0 iiBUM$ti di8CiO8USO 1-8, f - uiU,bq to 1pmv$& ruch l tatwnt8 u may bo rquirmd. I aa w%lZW to WaE foe YI iatdrr ragudaq l-q qu8ufic8tteM fOr 8p@obtsat boforo 8Ucb aomrtttn 88 m bo d88iqn8td b’Y the C&w auqe$& og tf r-8-d by iSd&-d CQudL --. A (300 1COVaX8. rid.) 6/83 Fullerton Jun& College - 2 years. university of Southern California - Sch001 of Architecture _ 4 years. . ‘t:xI1cnItna8 1. Archftut&r and Land Planning.- 22 years. 2. Licensed Architect - 12 years. . . . ., . . . . ‘* . . .,. _, ” * . : . . . . . . ,. . . . . . . . . . . . . ‘. . ‘. . . . . .. . - . . 1. Carltbad Rotary 10 years. m -, 2. Amerfcan Inttl tute ot Architects - ., 13 years. '. 3. Carlsbad Frlendr ot the Library - 10 years. 4. Photography. 5. Printmaking - Xirtaglfo. 6. Sculptum 1 an sincerely fntcrested in the cultural growth of our area and would look forward to partfclpatfng with the Commission's efforts to direct a Quality Cultural Environment for the enrfchment of "The Carlsbad Everfence". :a ELM rvEWf * CA8UaAO. CALmANIA 92008 Ortic ot rrw cm c&a &itp of Cadsfrab APPLICATION mR ~PQWfHRJT To Sduu, OR CoMWfSsr0~ N~.oC Board of Comnisaionr mm (Print or Type) : Phonor724- &TsY - PrOSent OcCup&ion: : f]&pN>AE& . ~uataoaa Ham. and Addraaa: Bw . Phone 8 Roafdant of Carlrbad, ‘c105 b Homa Phone t 7,~+2^uSI( Ragiatered Votar in Culrbads be- . . I am FIIIJlfar with the r@aponaibilttiea aaaiqmd to the Board or Comniaaton 08 which X wish to l arvo. if appQin+ed to a Board or Coxmn%arioa which ir l ubjact to tinurciU diaclorure laws, I ain williag to pmv%b such atrtemmnta as may ba rcquirad. I am villiag to 8-u for ma tntarviw roqrtding my qutiiticrttonr for rppoiatamnt ‘bofote such. aotmittm u may be drraignrted by the City counci& OS if raquoatad by iadivLdu81 Council Nmbora. -. (Sea ravarao aida) - - - &&w - &LD SfQh &p-ld bG dr, oJb2L L k % \ /I \/ Y -\ hvAd xlurrL+ /’ . . I’ b u-d . . ;;‘!g’,*. ’ I x- r *.>1. OUTSIDE ACTIVLTIES I / /dW ,--, - -_ * & lxx) ELM AVENUE . C~SBAO,CALI~O~N~A Qi- I ortic 0t m0 City Ct*r& TECEPhQNf. (7141 43&553j APPLICATION RJR APPOIYTPIEJT TO BO-AR0 OR CDFWZSSION ~~8 of”Boud or Cammisaiont Historical Preservation Commission __ N-O (PrLnt or Typo) t Kay F. Christiansen Address t 2802 Carl&ad Blvd, Carlsbad, (P.O. Box 188) * . Phon8 s 729-2301 Present Occupation: Realtor, Property Owner Buainaaa Nam and Addraaat Fennel & Christiansen, 2796 Carlsbad 81 Bus. Phono:72g-2301 Resident of Carlsbadr Yes Homa Phone: 729-2301 Reqiatared Votar in Carlab8dt Yes . 1 am familiar w$th the reaponaibilftiea assigned to the Board or Comfaaion 08 which X wish to servo. If appointed to a Board or Gmmfaaion whi& is subject to flnancid disclosure laws, I. am willin to provib such statamenta aa may ba required. I am willing to 8ppau for an fntentiw ragarding my qualifications for appointnrurt before au& oormittao u may bo deaiqnatod by th8 City cOunc&l of if reqriaatrd by individual Council Members, DAk Feb. 4, 1986 (Se@ raverao aid.1 6/83 - EDUCATION: I High School, 1 year music education. ExFEitIENC&r Hesident of Carlsbad since-1926. Family never moved from Carlsbad. Husband retired in 1951 in L.A. & we moved to my family town, Carlsbad. OUTSIDE ACTIVITIES t Historical Society, Carlsbad Merchants Assn., / Tri City Hospital Auxiliary life member, Carlsbad Womanls Club Past President & Life member Mostly - just promoting Carlsbad and the outstanding community it is. . MD=+i '~~l'!?&ION OR Com$r Owner of Alt Karlsbad, built by Mr. Christiansen in 19b4* It is a California Historical-Site and-Chris and 1 have always enjoyed giving visitors and new residents the history of our communitk'.S background, . . EXHIBIT 3 Title 22 HISTORIC PRESERVATION Chapters: 22.02 General Regulation and Administration 22.04 Historic Preservation Commission 22.06 Historic Resources, Historic Landmarks and Historic Djstricts 22.08 Permits and Permit fiocedure 22.10 Chapters, Enforcement, Penalties and Severability 815 2202.0 10 Chapter 22.02 22.02.040 Definitions. GENERAL REGC’LATION A~YD ADMINISTRATION Whenever the following words or terms are used in this title they shall have the meaning established by this section: 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 as the *‘historic pres- ervation ordinance.‘* (Ord. 9776 8 1 (part). 1985) 22.02.020 Purpose and intent. It is the intent and purpose of this title to: (1) Effect and accomplish the protection. enhancement and perpetuation of historic resources. landmarks and districts that represent or reflect elements of the city’s cultural. social. economic. political and architectural history: (2) Safeguard the city’s historic heritage. as embodied and reflected in its historic resources. landmarks and historic districts: (3) Stabilize and improve property values: (4) Foster civic pride in the character and accomplishments of the past: (5) Protect and enhance the city’s attractions to residents. tourists and visitors and serve as a support and stimulus to business and industry: (6) Strengthen the economy of the city: (7) Romote the use of historic districts and landmarks for the educatioti. pleasure and wel- fare of the people of the City. (Ord. 9776 9 1 (part). 1983 ( 1) “Alteration” means any change or modifi- cation. through public or private action. of any historic resource or of any property located within a historic district. including, but not lim- ited to. exterior changes to or modifications of a structure or any of its architectural details or visual characteristics. including paint color and . surface texture. grading, surface paving, new structures. cutting or removal of trees and other natural features. disturbances of archeological sites or areas. and the placement or removal of any objects such as signs. plaques. light fixtures. street furniture. walls, fences. steps. plantings and landscape accessories a!Tecting the historic qualities of the property. (2) “Archaeological site” means an area where remains of man or his-activities prior to keeping of history are still evident. (3) “Certificate of appropriateness” means a certificate issued by the city council approving such plans. specifications. design. or statements of work. for any proposed alteration. restoration. construction. removal. relocation or demolition. in whole or in part. ofor to an historic resource or to any improvement within historic district. (4) “Commission” means the historic preser- vation commission established by this title. (5) “Contributing structure” means a struc- ture within a designated historic district which has a special character. special historic or aes- thetic interest or value. and is incorporated into the district for that reason. 22.02.030 Boundaries and areas of application. This title shall apply to all historic resources. publicly and privately owned, within the corpo- rate limits of the city. (Ord. 9776 9 1 (part). 1985) (6) “Exterior architectural feature” means the architectural style. design. general arrangement. components and natural features and all the outer surfaces of the improvement. including, but not limited to. the kind and texture of the building material. the type and style of all win- dows. doors. lights. signs. walls. fences. and other fixtures appurtenant to such improvement. and the natural form and appearance of any grade. 817 ” Hhlsbad 348) 22.02.040 rock, body of water. stream, tree, plant, shrub. road, path, walkway. Pbk fountain. sculpture of other form of natural or artificial landscaping. (7) “Historic district” means any area which contains one or more historic resources or landmarks which as a special character or special historical value. along with other structures, cul- tural. architectural, archaeological. community or aesthetic value, or which represent one or more architectural periods or styles typical to the history of the city, that has been designated a historic district pursuant to this title. (8) “Historic resource” means improve- ments, buildings, landscape, structures, signs. features, sites, places. areas, or other objects of scientific. aesthetic. educational. cultural. archi- tectural. or historic significance to the citizens of the city. (9) “Historic resources inventory’* means the historic resources inventory adopted and main- tained by council pursuant to Chapter 22.06 of this title. (10) “Historic point of interest’* means any property or improvement. man-made or natural. which has special historic. cultural. architectural. archaeological or community interest or value as part of the development. heritage or history of the city. the state of California. or the nation and that has been designated a point of interest pur- suant to this title. (11) “Improvement” means any building, structure. place. site. structural work of art. land- scape feature. plant life. life-form, scenic condi- tion. parking facility. fence. gate. wall. or other object constituting a physical bettetment of real property. or any part of such betterment. * (12) “Landmark” means any property or improvement. manmade or natural. which has special historic. cultural. architectural. archae- ological, community. interest. or value as part of the development, heritage or history of the city, the state of California. or the nation. and that has been designated as a landmark pursuant to this title. ( 13) “Ordinary maintenance” means any cleaning, painting and restoration which does not result in the alteration of an improvement or landmark. (14) “Paleontological site” means an area ’ where fossilized or otherwise preserved remains of plants or animals which generally predate man’s emergence on the earth are still evident. ( 15) “Person” means any individual. associa- tion. partnership, firm, corporation. public agency. or political subdivision. (t6) “Secretary of the Interior’s Standards for Rehabilitation” means the Secretary of the Inte- rior’s Standards for Rehabilitation and Guide- lines for Rehabilitating Historic Buildings by the U.S. Department of the Interior. National Park Service. ( 17) “Site” means any parcel or ponionpfreal property which has special character or special historic culturaI. archaeological, architectural. community or aesthetic value. (Ord. 9835 5 1. 1987: Ord. 9776 $ 1 (part), 1985) 22.02.050 Review of development plan. As part of the environmental review of devel- opment projects al’fecting historic resources. the plans and application shall be referred to the historic preservation commission for review. The commission may recommend that specific environmental studies be done as part of the environmental review for the project. The com- mission shall receive notice of all environmental review decisions on a project potentially af%ct- ing an historical resource and may submit writ- ten comments to the land use planning manager. (Ord. 9776 $1 (part). 1985) IChrlsbrd hill 818 “,:’ Chapter 22.04 HISTORIC PRESERVATION CO~IMISSION Sections: 22.04.010 Creation. 22.04.020 Composition-Appointment. 22.04.030 Duties. 22.04.040 Organization, rules and procedures. 22.04.010 Creation. Pursuant to this title of this code a historic preservation commission is created. (Ord. 9776 ij 1 (part), 1985) 22.04.020 Composition-Appointment. (a) The historic preservation commission shall consist of five regular members and one ex- oflicio representative of the planning commis- sion. All regular members of the commissions must have knowledge of and a demonstrated interest in historic preservation and of local his- tory. The commission shall be composed of members having the following qualifications: (1) Three members. each of whom has a dif- ferent recognized expertise in architecture, archaeology. history. biology. engineering or geology or related field: (2) One member who has an interest in local history and has resided in the community for at least thirty years: (3) One member at large from the commu- nity with an interest in local history. (b) All members of the commission must be registered voters. The ‘ix-officio representative shall not be entitied to a vote. Appointment to the historic preservation commission shall be made by the city council. The planning commis- sion shall appoint a member of the planning commission to serve as the ex-oEcio represen- tative to the historic preservation commission. Of the five members of the commission first appointed under this chapter. qne member shall 22.04.0 10 be appointed for One year. one member shall be appointed for tw0 years, one member shall be appointed for three years. and two memben shall be appointed for four years. The successors shall be appointed for terms of four years. If a vacancy occurs other than by expiration of a term, it shall be filled by appointment by the city council for the unexpired portion of the term. Each member shall hold office until reappointed or a successor is appointed and has been qualified. (Ord. 9776 $ 1 (part). 1985) 22.04.030 Duties. (a) The commission shall act in an advisory capacity to the city council. planning commis- sion. and design review board in all matters relat- ing to the identification. protection. retention and preservation of historic areas and sit& within the city. (b) It shall be the responsibility o[ the com- mission to provide advice to the city council on the following matters: ( 1) Criteria for guidelines to be used in a com- prehensive historic survey of properties within the city: (2) The designation of historic landmarks or historic districts: (3) Sites and areas to be considered for listing on Carlsbad’s historic resources inventory: (4) The hiring of staff or consultants to con- duct a comprehensive survey of properties within the boundaries of the city to identify his- torical sites and areas: (5) The adoption of standards to be used by the commission in reviewing applications for permits to construct. change. alter. modify, remodel. remove. or significantly atFect any his- toric area or site: (6) The purchase of interests in property for purposes of historic preservation: (7) Participation in and the promotion and dissemination of public information. education and interpretive programs penaining to histor- ical areas and sites: 819 _- ‘2 04.030 - . (8) Cooperation with local. county, state and federal governments in pursuant of the objec- tives of historic preservation; and (9) Any other matter which the commission deems necessary to protect historical resources. (c) The commission shall be responsible for: (1) Reviewing the conduct of land use. hous- ing and redevelopment, municipal improve- ment. and other types of planning and programs undertaken by any agency of the city. the county. or state. as they relate to the historic preservation of the community: (2) Publicizing and periodically updating sur- vey results: (3) Maintaining and Carlsbad historic resources inventory; (4) Maintaining a local register of historical areas and sites within the city: (5) Investigating and repotting to the city council on the use of various federal, state. local or private funding sources and mechanisms available to promote historic preservation in the city: (6) Rendering advice and guidance. upon the request of the property owner or occupant. on the restoration, alteration. decoration, landcap- ing or maintenance of any historical area or site: and (7) Performing any other functions that may be designated by the city council. (Ord. 9776 5 1 (part), 1985) 22.04.040 Organization, rules and procedures. The historic preservation commission shall establish such rules, regulations; and procedures not inconsistent with this chapter for the transac- tion of business and shall keep a public record of its resolutions, transactions, findings and deter- minations. (Ord. 9776 3 1 (part). 1985) - Chapter 22.06 HISTORIC RESOURCES, HISTORIC LANDMARKS .WD HISTORIC DISTRICTS Sections: 22.06.010 Establishment of historic resources inventory. 22.06020 Criteria for historic resources inventory. 22.06030 Historic landmark designation procedures. 22.06.040 Historic district designation procedures. 22.06.010 Establishment of historic resources inventory. The city council shall establish and maintain a historic resources inventory. (Ord. 9776 9 1 (part). 1985) 22.06.020 Criteria for historic resources inventory. , A historic resource may be considered for inclusion in the historic resource inventory based on one or more of the following: ( 1) It exemplifies or retlects special elements of the city’s cultural, social. economic. political. aesthetic. engineering or architectural history: or (3) It is identified with persons or events sig- nificant in local. state or national history: or (3) It embodies distinctive characteristics of a style. type. period or method of construction. is a valuable example of the use of indigenous mate- rials or craftsmanship or is representative of a notable work of an acclaimed builder. designer or architect: or (4) It is an archaeological. paleontological. botanical. geological. topographical. ecological or geographical site which has the potential of yielding information of scientific value: or (5) It is a geographically definable area pos- sessing concentration of site. buildings. struc- tures. improvements. or objects linked 2206.010 historically through location. design. setting, materials. workmanship. feeling, and/or associa- tion. in which the collective value of the improvements may be greater than the value of each individual improvement. (Ord. 9776 9 t (part), 1985) 22.06.030 Historic landmark designation procedures. 1- Historic landmarks shall be established by the city council in the following manner: (a) Any person may request the designation of an improvement or landscape feature as a his- toric landmark by submitting a written request . for such designation to the historical preserva- tion commission. The historical preservation commission. planning commission. design review board. or city council may also initiate such proceedings by motion. (b) Any such request shall be tiled with the development processing departmetit upon pre- scribed forms and shall include the following data: ( I ) Name and address of property owner and assessor’s parcel number and address of site: (2) Description of the proposed Landmark. including special aesthetic. cultural. architec- tural. or engineering interest or value of a historic nature. including information about the archi- tecture. notable features. construction and other information indicating the historical significance of the site: (3) Sketches. photographs. or drawings: (1) Statement of condition of structures: (5) Explanation of any known threats to the ’ improvement of the site: (6) Additional information: (A) Site plan in appropriate scale. (B) Legal description of the property. (C) Photographs. old and recent. (D) Proposed use. (E) Existing zoning. (F) Bibliography and references. (G) Chain of title. if available: ‘.. 82i Kxlrbad 348) 22.06.030 (c) Within forty-five days of the date of the request. the commission shall hold a public hear- ing to review the landmark application according to the criteria of Section 2206.020. (d) Notice of the public hearing shah be given as provided in Section 21.54.060(2) of this code. In addition, notice of the date. place. time and purpose of the hearing shall be mailed. return receipt requested. to the owner of the proposed landmark property as shown on the last equal- ized assessment role at least fourteen days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equal- ized assessment role shall not invalidate any pro- ceedings in connection with the proposed designation. (e) A notice of the request for designation as a historical landmark shall be forwarded to the building department and no building or demoli- tion permits for any alteration to any exterior architectural feature of the proposed landmark shall be issued while the matter is pending final decision. (0 After the public hearing, the commission shah by resolution make a report and recom- mendation to the city council. If the commission determines that the improvement does not meet landmark criteria. the process shah terminate and the commission shall notify the property owner and applicant of such termination in writ- ing within ten days of the commission’s deter- mination. If the commission determines that the resource warrants landmark designation and the propercy owner has consented to same in writing, then the commission shall submit-a written rec- ommendation to the city council incorporating its reasons in support of the proposed landmark designation. Without the property owner’s con- sent to the proposed designation. a site shall not be designated a historic landmark. If the com- mission determines that the improvement war- rants inclusion in the historic resource inventory or the owner has not consented to designation as a historic landmark, the commission may ret- ommend that the resource be designated a his- toric point of interest. Permits shall be required to work on a designated historic landmark as specified in Chapter 22.08 of this code. No per- mit shall be required to work on a historic point of interest. (g) The city council shall hold a public hear- ing on the proposed historic landmark designa- tion within thirty days of the receipt of the recommendation for the commission. (h) At the conclusion of the public hearing on the proposed designation. the city council shall, by resolution, designate or conditionally desig- nate. or disapprove the designation of the his- toric landmark. Written notice ofthe city council action shall be mailed to the property owner. (Ord. 9835 $2.1987; Ord. 9776 $1 (part), 1985) 22.06.040 Historic district designation procedures. Historic districts shah be established by the 0 city council in the following manner: (a) The procedures for designating a historic district shall be the same as for designating a historic landmark. except as otherwise provided in this section. (b) Any application for designation of a his- toric district shall be filed with the planning department upon the prescribed form and shah include the following data: ( 1) Boundaries of the proposed district and a list of names and addresses of property owners. assessor’s parcel numbers and addresses of prop- erties within the boundaries: (2) Description of the proposed historic dis- trict. including special aesthetic. cultural. archi- tectural. or engineering interest or value of a historical nature: (3) Sketches. photographs or drawings: (4) Statement of condition of structures and improvements within the district: (5) Explanation of any known threats to any cultural resource within the district: 821 ‘,., KiwIsbad 3-(1U, 22.06.040 (6) Other information requested by the pian- ning department. (c) If written consent of two-thirds of the owners of Property within the proposed district to the proposed designation is not obtained at the time of the historic preservation commission hearing, the process shall terminate and the com- mission shall noti@ the property owners and applicant of said termination within fourteen days of the commission’s determination. (d) If the commission determines that the area warrants historic district designation, it shall 822-l ” tCxlsbad 3-W 22.06.040 submit a written recommendation to the city council incorporating its reasons in support of the proposed historic district designation. within fourteen days of reaching its decision. Such rec- ommendation shall include a report containing the following information: (I) A map showing the proposed boundaries of the historic district and identifying all sttuc- tures within the boundaries, contributing or non- contributing; (2) An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries: (3) Recommendations as to appropriate per- mitted uses, special uses, height and area regula- tions, minimum dwelling size. floor area. sign regulations. parking regulations. and any other modification to existing development standards necessary or appropriate to the preservation of the proposed historic district: (4) Proposed design guidelines for applying the criteria for review of cefliticates of appropri- ateness to the nominated historic district. (Ord. 9776 4 1 (part). 1985) 823 22.08.010 ‘, Chapter 22.00 PERVIITS AND PERMIT PROCEDURES Sections: 22.08.010 22.08.020 22.08.030 22.08.040 22.08.050 Permits to work on historic resources, historic landmark or historic district. Permit procedure. Permit criteria. Duty to keep in good repair. Existing improvements. 22.08.010 Permits to work on historic resource, historic landmark or historic district. (a) It is unlawful for any person to tear down. demolish. construct. alter, remove or relocate any improvement. or any portion thereof which has been designated a historic landmark pur- suant to the provisions of this chapter, or which lies within an historic district, or to alter in any manner any feature of such a historic landmark. historic landmark site or improvement within a historic district without first obtaining a permit in the manner provided in this chapter. (b) No board. department or commission shall grant any permit to carry out such work on a designated historic landmark. historic landmark site or within a historic district. unless a permit has previously been issued by the city council as provided in this chapter. No application for a building permit, demolition permit. grading per- mit. redevelopment permit, conditional use per- mit. variance. development plan, zone change. tentative parcel or subdivision maps or any other permit which would allow ‘the alteration of a historical landmark. historical landmark site or any improvement in a historical district shall be deemed complete unless a permit has previously been issued pursuant to this chapter. (c) No permit shall be necessary for ordinary maintenance and repair ifthe proposed work will not alter or change the style. color. design. fea- tures or character of the site or area and a permit _. . is not required under 9 301(b) of the Uniform Building Code. nor does this chapter prevent the construction, reconstruction, alteration. restora- tion. demolition or removal of any such feature when the building department certifies to the council that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code. (d) The permit required by this chapter shall be in addition to any other permit required for a proposed project. (Ord. 9776 0 1 (part), 1985) 22.08.020 Permit procedure. (a) An application for a permit to do work in a historic district or on a historical landmark shall be submitted to the development processing division on forms designated by the land use planning manager. This application must incltid- ing the plans and specifications for the proposed work. Within thirty days from the receipt of said complete application the commission shall P review the application and shall make a written report to the city council. The city council shall hold a public hearing on the application within thirty days of receipt of the commission report. Notice of the public hearing shall be given as provided in Section 21.54.060(b) of this code. (b) At the conclusion of the public hearing on the permit application. the city council shall, by resolution. issue or deny. in whole or in pan. any permit application. (Ord. 9776 5 1 (part), 1985) 22.08.030 Permit criteria. The city council shall isissue a pennit for any proposed work if. and only if. it determines: (1) In the case of a designated historical site. that the proposed work would not detrimentally alter. destroy or adversely affect any architec- tural or landscape feature: (2) If the owner of a designated historial site or area demonstrates to the city council that such property cannot be economically used and denial of a permit would deprive the owner of all or most of his or her economic interest in the ‘I 824 ,- 2208.030 property, the council may issue the permit with structure or other feature involved. and that an effective date one hundred eighty days from approval of the application will be consistent the date of issuance of the permit to allow time with the purposes of this chapter. (Ord. 9776 $ 1 for the investigation of alternatives to the work (w-0, 1985) proposed in the permit application such as acquisition of site or improvement by the city or a public interest group; (3) In the case of construction of a new improvement, building or structure upon an his- torical site. that the exterior of such improve- ments will not adversely affect and will be compatible with the external appearance ofexist- ing designated improvements. building and structures in said site: (4) That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the city council that such dis- approval will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work. whether this be property owner, tenant or resident, or because ofconditions pecu- liar to the particular improvement. building or 22.08.040 Duty to keep in good repair. The owner. occupant or other person legally responsible for a historic landmark or historic district shall keep in good :tpair all portions of such historic landmark, district or site when sub- ject to control as specified in the designating ordinance or permit and all interior portions and appurtenances thereof whose maintenance is necessary to prevent deterioration and decay of the resource. It shall be the duty of the building director or designee to enforce this section. (Ord. 9776 $ I (part). 1985) 22.08.050 Existing improvements. .’ All repairs. alterations. reconstructions. resto- rations or changes in use of existing improvements shall conform-to the require- ments of the California Historical Building Code. (Ord. 9776 $ 1 (part), 1985)’ 22.10.010 Chapter 22.10 CIW’TERS, ENFORCEMEXT, PENALTIES AND SEVERABILITY Sections: 22.10.010 Appeals. 22.10.020 Enforcement. 22.10.030 Restitution. 22.10.040 Penalties. 22.10.010 Appeals. (a) The applicant or any other interested per- son 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 days after the action of the historic preservation commission from which the appeal is being taken. (b) Upon filing of an appeal, the city clerk shall set the matter for public hearing. Such hear- ing shall be held within thirty days after the date of filing the appeal. (c) Within thirty days following the conclu- sion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final. (d) Not later than seven days following the city council decision. the city clerk shall send written notice of the decision to the applicant and appellant. (Ord. 9776 $ 1 (part), 1985) 22.10.020 Enforcement. (a) Whenever any alteration. demolition. relocation. construction or grading of any site is being done contrary to the provisions of this title. . the director of building and planning or designee may order the action stopped by notice in writing served on any person or persons engaged in the doing or causing such action, and any such per- son or persons shall forthwith stop such altera- tion until authorized by the director of building and planning or designee to proceed. (b) It shall be unlawful for any person to carry out any work on any building, structure or site in violation of a notice stopping such work. (c) Any violation of the provisions of this title shall constitute a public nuisance. (Ord. 9776 $1 (part), 1985) 22.16.030 Restitution. Upon damagef’destruction or removal of a cultural resource. historic landmark or historic district without permit. the preservation com- mission shall review the action and make recom- mendation for restitution commensurate with damage inflicted, specifically assessing the cul- tural. as well as economic. value of the resource destroyed. (Ord. 9776 $ 1 (part), 1985) 22.10.040 Penalties. (a) Any person violating any provision of this title shall be deemed guilty of a misdemeanor. and upon conviction thereof shall be filed in an amount not exceeding five hundred dollars. or be imprisoned for a period not exceeding six months. or be so fined and imprisoned. (b) Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punished as such hereunder. (Ord. 9776 $ 1 (part). 1985) ‘\ 826 CITY OF CARLSBAD EXHIBIT 4 CERTIFIED LOCAL GOVERNMENT - HISTORIC PRESERVATION PROGRAM In 1987, the City of Carlsbad applied for and received membership in the State of California's Certified Local Government Program. This program allow5 for direct local government participation in California’s comprehensive statewide historic preservation plan. Benefits to the City for membership in the CLG program include: 1. Participation in State’s program for nominations to the National Register of Historic Places. 2. Eligibility to apply for funds from the Historic Preservation Fund. a. To date,’ the City of Carlsbad has received 813,000 in grant funds. Continued involvement in the CLG program is contingent upon the City’s compliance with the adopted procedures established by the State Department of Parks and Recreation. These procedures include: 1. Membership criteria for persons appointed to the Historic Preservation Commission. a. Three members with professional expertise in architecture, archeology, biology, history or engineeri.ng. b. One member who has an interest in local history; and has resided in the community for at least 30 years. C. One member at large from the community with an interest in local history. 2. Maintenance of local legislation (i.e., the City’s Historic Preservation Ordinance) that provides for the designation and protection of historic and archeological resources throughout the City.