HomeMy WebLinkAbout1991-02-05; City Council; 11021; Revision to the Historic Preservation Ordinancef
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MTG.2 -5 -“i/ EVISIONS TO THE HISTORIC PRESERVATION ORDINANCE - TITLE 22 OF THE CARLSBAD
DEPT.& MUNICIPAL CODE
RECOMMENDED ACTION:
Introduce Ordinance No. amending Chapter 22.02, 22.04 I)s-(y( and 22.06 of the Carlsbad Municipal Code to clarify procedures for the review of environmental documents, the duties of the Historic Preservation Commission and criteria for the Historic Resources Inventory.
ITEM EXPLANATION:
On January 9, 1990, the City Council received a report from the
Historic Preservation Commission regarding an update of the Commission's activities and accomplishments. The Commission also sought direction from the Council on the implementation of the City's Historic Preservation Ordinance and clarification of the Commission's duties and responsibilities.
In order to assist the Commission with its work, the Council directed staff to work with the Commission on amendments to the Historic Preservation Ordinance to more clearly define the Commission's duties. In addition, the Council directed staff to provide a fiscal analysis of personnel costs for staff support to the Commission.
Staff has completed work with the Commission on development of
amendments clarifying the Code. As amended, the Code will
reaffirm the Commission's authority pursuant to the California
Environmental Quality Act (CEQA) to comment on any development
plan affecting a historic resource contained in the City's
Historic Resource Inventory or as identified in the environmental
study of the development plan.
The Code amendment will also establish the adoption of the City's
Historic Resource Inventory by the City Council. This Inventory will be maintained by the Historic Preservation Commission. The Commission may recommend the inclusion of a historic resource in the Historic Resource Inventory for consideration and approval by the City Council.
The Historic Preservation Commission and staff recommend the following changes to the Code:
Editing Legend:
([ ] contains deleted text; < > contains added text)
22.02.040 (9) "Historic resources inventory" means the historic resources inventory adopted [and maintained] by council pursuant
to Chapter 22.06 of this title.
22.02.050 Review of [development plan] <environmental documents>.
AGENDA BILL NO. I(, oz/ PAGE 2
As part of the environmental review of development projects
affecting historic [resources, the plans and application]
<structures, archaeological or paleontological sites, as shown on
the Historic Resource Inventory or as identified in the
environmental study, the environmental documents> 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
Commission shall receive notice of all environmental review decisions on a project potentially affecting a historic resource
and may submit written comments to the land use planning manager] <shall submit its comments to the Planning Department for inclusion and consideration in the environmental documents>.
22.04.030 (c) (3) Maintaining [and] <the> Carlsbad historic resources inventory <adopted by council>;
22.06.010 The city council shall establish and [maintain] <adopt> a historic resources inventory.
22.06.020 Criteria for historic resources inventory.
A historic resource may be considered <and approl-ed by counc.il> for inclusion in the historic resource inventory based on one or more of the following.
Staff support to the Commission is currently provided by a Senior
Management Analyst from the Housing and Redevelopment Department.
Staff activities related to the Commission include attendance at monthly Commission meetings and administration of various historic preservation projects.
FISCAL IMPACT:
Full-year funding for the Senior Management Analyst position is $40,170. In the FY 1990-91 budget, one-half of these costs were funded out of the Redevelopment Agency Budget and one-half out of the Community Development Block Grant Entitlement Administration budget.
EXHIBITS:
1. Ordinance No. VWMl
January 8, 1991
TO: COMMUNITY DEVELOPMENT DIRECTOR
FROM: Senior Management Analyst VIA: Housing and Redevelopment Director
HISTORIC PRESERVATION ORDINANCE AMENDMENTS
Attached is the revised agenda bill for the historic preservation ordinance amendments.
As directed by your office, the agenda bill was expanded to include discussion on the history and development of this item leading up to the recommendation to revise the ordinance.
Prefacing the agenda bill is a memo from the City Attorney's Office stating that it is not necessary to amend the code in order to grant the Historic Preservation Commission powers which they already possess. The Assistant City Attorney's statement is based on the fact that the Commission's authority to comment on development plans affecting historic resources is granted under the guidelines implementing CEQA. Discussions leading to the above recommendation did not include the authority of the Commission pursuant to CEQA.
In addition, the City Council directed staff to develop a fiscal analysis of personnel costs associated with administration of the Commission's duties. In this regard, it is difficult for the Housing and Redevelopment Office to determine the impact on City staff and resources should the Commission become more involved in commenting on development plans. This activity more directly impacts the operations of the planning and engineering departments.
It is expected that the Commission's involvement in commenting on development plans will increase due to the following:
0 The identification of additional historic sites resulting from the current City Historic Resource Survey (i.e., the Historic Resource Inventory will expand from 33 historic properties to 325 historic properties located city-wide).
January 8, 1990 Community Development Director Page 2
0 The identification of additional archeological/paleontological sites city-wide resulting from the site records search recently concluded (i.e., 101 prehistoric sites identified in 1980, to 480 prehistoric sites in 1990).
0 More rigid compliance with the CEQA guidelines as they pertain to Commission authority.
In conclusion, the ordinance amendments as currently written will not alter the duties and responsibilities of the Commission but will simply delineate the Commission's role in commenting on development plans. Additionally, if the City follows the provisions of CEQA more closely, the impact of the Commission's role will more heavily involve staff support from planning and engineering as these departments are responsible for the c psP f? ssing of development plans.
CiIN'i PHILLIPS
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July 18, 1990 . c TO: Community Development Director
FROM: City Attorney
AMENDMENT TO CHAPTERS 22.02, 22.04 AND 22.06 OF THE MUNICIPAL CODE
I have reviewed your proposed agenda bill to amend the above referenced chapters. The Historic Preservation Commission already possesses the power to comment on projects that may affect historic resources by virtue of the guidelines implementing CEQA. It is not necessary to amend the Code in order to grant them powers which they already possess. In addition, you may administratively begin the procedures to have the Historic Preservation Commission comment on environmental documents without a corresponding change in the Code.
Under 14 CCR 315025(c) of the CEQA guidelines, an advisory body shall also review and consider an environmental impact report or negative declaration in draft or final form prior to the lead agency's approval of a project. For any work proposed on a historic resource, historic landmark or within a historic district, the Historic Preservation Commission is a responsible agency and the lead agency is required to consult with it by virtue of 14 CCR 515063(g). Additionally, when the Historic Preservation Commission is acting in an advisory capacity to the City Council, it must consider a proposed negative declaration or environmental impact report prior to making its recommendation pursuant to 14 CCR 515074(a).
Finally, if you feel the environmental review process must be altered, modified or changed by ordinance for the Historic Preservation Commission, it seems to me that those changes should be made in Title 19 regarding environmental protection procedures rather than in Chapter 22. I understand that the Planning Department is working on a comprehensive change to Title 19 at this very moment.
Should you have any questions regarding the above, please do not hesitate to contact me.
RONALD R. BALL Assistant City Attorney
c: Planning Director
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ORDINANCE NO. NS-141
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 22, CHAPTERS 22.02, 22.04 AND 22.06 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO CLARIFY THE DUTIES OF THE HISTORIC PRESERVATION COMMISSION
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION I: That Title 22, Chapter 22.02 of the
Carlsbad Municipal Code is amended by the amendment of subsection
22.02.040(g) to read as follows:
"(9) Historic Resources Inventory means the historic resources inventory adopted by Council pursuant to Chapter 22.06 of this title."
SECTION II: That Title 22, Chapter 22.02 of the
Carlsbad Municipal Code is amended by the amendment of Section
22.02.050 to read as follows:
1122.02.050 Review of environmental documents. As part of the environmental review of development projects affecting historic structures, archeological or paleontological sites, as shown on the historic resources inventory or as identified in the environmental study, the environmental documents shall be referred to the Historic Preservation Commission for review. The Commission may review and comment upon the environmental documents of the referral. The Commission shall comment within the public review time limits established by the California Environmental Quality Act."
SECTION III: That Title 22, Chapter 22.04 of the
Carlsbad Municipal Code is amended by the amendment of subsection
22.04.030(3) to read as follows:
"(3) Maintaining the Carlsbad historic resources inventory adopted by Council;ll
SECTION IV: That Title 22, Chapter 22.06 of the
Carlsbad Municipal Code is amended by the amendment of Section
22.06.010 to read as follows:
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"22.06.010 Establishment of historic resources inventorv. The City Council shall establish and adopt a historic resources inventory."
SECTION V: That Title 22, Chapter 22.06 of the
Carlsbad Municipal Code is amended by the amendment of the first
sentence of Section 22.06.020 to read as follows:
IfA historic resource may be considered and approved by council for inclusion in the historic resources inventory based on one or more of the following:"
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 5th day of February I
1991, and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 19th day of February I
1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and Stanton
NOES: None
ABSENT: None
2, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk