HomeMy WebLinkAbout1997-12-02; City Council; 14459; AMENDMENTS TO TITLE 2 AND TITLE 22 OF THE MUNICIPAL CODE, CHAANGING HISTORIC PRESERVATION COMMISSION MEMBERSHIP REQUIREMENTS AND MODIFYING THE HISTORIC PRESERVATION ORDINANCEz CITY OF CARLSBAD - AG &A BILL ai?
A,
AB# 14; 45 7
CITY ATTY. CODE, CHANGING HISTORIC PRESERVATION COMMISSION MTG. 12/2/97
I AMENDMENTS TO TITLE 2 AND TITLE 22 OF THE MUNICIPAL
DEPT. HD. 1 TITLE:
MEMBERSHIP REQUIREMENTS AND MODIFYING THE HISTORIC
PRESERVATION ORDINANCE j
DEPT. LIB CITY MGR .’”’
RECOMMENDED ACTION:
introduce Ordinance No. Ius- q3.3 , amending Title 2 (Administration and P
and Title 22 (Historic Preservation) of the Carlsbad Municipal Code.
ITEM EXPLANATION:
At its meeting of May 11, 1993, Council directed the Historic Preservation Comn
make recommendations for modifications to the existing Historic Preservation Or
The focus of these requested modifications was to make compliance with all aspe
ordinance entirely voluntary, thus eliminating all penalties for non-compliance.
The amendment to Title 2 adds a chapter describing the creation, membership, a
of the Historic Preservation Commission. With this added chapter, one essentially
from Title 22, appointments to the Commission would be possible for any resider
interest in local history, replacing the current requirement that members have ex1
specialized academic fields.
In addition to making compliance with the Historic Preservation Ordinance v
amendments to Title 22 clarify some of the definitions of what constitutes historic rl
and simplify and reorganize portions of the text.
It should also be noted that the official Cultural Resources Inventory, which was cor
1991, was deleted by Council Resolution No. 93-151 on May 18, 1993. A new inve:
be created based on voluntary participation.
FISCAL IMPACT:
None.
EXHIBITS:
1. Ordinance No. /v s- Y 33 .
2. Redlined/Strikeout Version
5 ..
r 0 4
J
z 3 0 0
0’
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
0 e Exhi
ORDINANCE NO. NS-433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF THE
MUNICIPAL CODE TO CHANGE MEMBERSHIP
REQUIREMENTS FOR THE HISTORIC PRESERVATION
COMMISSION AND AMENDING TITLE 22 TO MODIFY
HISTORIC PRESERVATION REGULATIONS.
The City Council of the City of Carlsbad, California hereby ordains as
follows:
SECTION I: That Title 2 of the Carlsbad Munipipal Code is amended by the add
Chapter 2.42 to read as follows:
Chapter 2.42
HISTORIC PRESERVATION COMMISSION
Sections:
2.42.01 0 Created.
2.42.020 Membership.
2.42.030 Term of Office.
2.42.040 Duties
2.42.050 Rules and Procedures.
2.42.01 0 Created.
1985)
2.42.020 Membership.
A Historic Preservation Commission of the city is created. (Ord. 9776 § 1 (pad
Membership on the Historic Preservation Commission shall consist of the folk
A. Five regular members and one ex officio representative from the Planr
Commission. All regular members of the commission must have knowledge of and a
demonstrated interest in historic preservation and local history. Three members will t
background or an interest in architecture, archaeology, history, biology, engineering,
geology or a related field. Two members will have an interest in local history and will
at large from the community.
B. All members of the commission must be Carlsbad residents and registc
voters. The ex officio representative shall not be entitled to a vote. Appointment to tt-
1
*\
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
Historic Preservation Commission shall be made by the City Council. The Planning
Commission shall appoint a member to serve as the ex officio representative.
2.42.030 Term of Office.
appointed for three years and.two members shall be appointed for four years. The
successors shall be appointed for terms of four years. If a vacancy occurs other thar
expiration of a term, it shall be filled by appointment by the City Council for the unexp
portion of the term. Each member shall hold office until reappointed or a successor i:
appointed.
Of the five members of the commission first appointed, one member shall be
2.42.040 Duties.
Duties of the Historic Preservation Commission are as follows:
A. The commission shall act in an advisory capacity to the City Council,
Planning Commission, Housing Commission, and Design Review Board in all matter:
relating to the identificahon; protection, retention, and preservation of historic resourc
within the city.
B. It shall be the responsibility of the commission to provide advice to the
1. Criteria for guidelines to be used in a comprehensive historic SI
2. The designation of historic resources;
3. Maintaining the Carlsbad historic resources inventory adopted I
City Council;
4. Hiring of staff or consultants to conduct a comprehensive surve
properties within the boundaries of the City to identify historical sites and areas;
5. Participation in and promotion and dissemination of public
information, education, and interpretive programs pertaining to historical areas and si
6. Cooperation with locql, county, state, and federal governments
pursuit of the objectives of historic preservation; and
7. Any other matter which the commission deems necessary to pr
historical resources.
Council on the following matters:
of properties within the City;
C. The commission shall be responsible for:
1. Publicizing and periodically updating survey results;
3. Investigating and reporting to the City Council on the use of var
federal, state, local, or private funding sources available to promote historic preservat
the City;
4. Rendering advice and guidance, upon the request of the prope
owner or occupant, on the restoration, alteration, decoration, landscaping, or mainten
of any historical area or site; and
5. Performing any other functions that may be designated by the C
Council.
2.42.050 Rules and Procedures.
The Historic Preservation Commission shall establish such rules, regulations,
procedures consistent with this chapter for the transaction of business and shall keep
public record of its resolutions, transactions, findings, and determinations.
2. Maintaining a Carlsbad historic resources inventory;
I
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
SECTION II: That Title 22, Chapter 22.02 of the Carlsbad Municipal Code is
amended to read as follows:
Chapter 22.02
GENERAL REGULATION AND ADMINISTRATION
Sections: ,.
22.02.010 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 environmental documents.
22.02.010 Short title.
this ordinance shall be voluntary.
22.02.020 Purpose and intent.
This title shall be known as the “historic preservation ordinance.” Complianc
It is the intent and purpose of this title to:
A. Effect and accomplist-) the protection, enhancement and perpetl
of historic resources that represent or reflect elements of the city’s cultural, 5
economic, political and architectural history;
its historic resources;
B. Safeguard the City’s historic heritage by encouraging preservat
C. Stabilize and improve property values;
D. Foster civic pride in the character and accomplishments of the F
E. Protect and enhance the City’s historic attractions for resic
F. Strengthen the economy of the City;
G. Promote the use of historic districts and landmarks for the educ
tourists and visitors and serve as a support and stimulus to business and industry;
pleasure and welfare of the people of the City.
22.02.030 Boundaries and areas of Application.
corporate limits of the City.
This title shall apply to all historic resources, publicly and privately owned, with
*
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
I
0 0
22.02.040 Definitions.
following meanings:
A. “Commission” means the historic preservation comn
established by this title.
B. “Historic resource” means sites, places, areas, landscape, bui
structures, signs, features, or other objects of scientific, aesthetic, educational, c1
architectural, or historic significance to the citizens of the City and includes both t
landmarks and historic districts.
C. “Historic Site” means any parcel or portion of real property whil
special character or special historic, cultural, archeological, paleontological, archite
community or aesthetic value.
or natural, which has special historic, cultural, architectural, archeological, or comr
interest or value as part of the development, heritage or history of the City, the st
California, or the nation, and that has been designated as a historic landmark pursu
this title.
resources or landmarks which have special character or special historical value, or
represent one or more architectural periods or styles typical to the history of the Citl
has been designated a historic district pursuant to this title.
private action, of any historic resource, or of any property located within a historic d
including, but not limited to, exterior changes to or modifications of a structure or any
architectural details or visual characteristics, including paint color and surface te:
features, disturbances of archeological sites or areas, and the placement or removal c
objects such as signs, plaques, light fixtures, street furniture, walls, fences, :
plantings, and landscape accessories affecting the historic qualities of the property.
22.02.050 Review of environmental documents.
As part of the environmental review of development projects affecting hi!
structures, archeological or paleontological sites, as shown on the historic resol
inventory or as identified in the environment study, the environment documents sh:
referred to the historic preservation commission for review. The commission may rc
and comment upon the environment documents of the referral. The commission
comment within the public review time limits established by the California Environm
Quality Act.
For the purpose of this chapter, the following words and phrases shall ha
D. “Historic Landmark” means any property or improvement, mar
E. “Historic District” means any area which contains several h
F. “Alteration” means any change or modification, through put
grading, surface paving, new structures, cutting or removal of trees and other n,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
SECTION Ill: That Title 22, Chapter 22.06 of the Carlsbad Municipal Code is amend
read as follows:
Chapter 22.06
CIISTORIC REGOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRIC'
Sections:
22.06.01 0 Establishment of historic resources inventory.
22.06.020 Criteria for historic resources inventory.
22.06.030 Historic landmark designation procedures.
22.06.040 Historic district designation procedures.
22.06.010 Establishment of historic resources inventory.
The City shall establish and adopt a historic resources inventory.
22.06.020 Criteria for historic resources inventory.
A historic resource may be considered and approved by Council for inclusior
historic resources inventory based on one or more of the following:
A. It exemplifies or reflects special elements of the city's cultural,
economic, political, aesthetic, engineering or architectural history: or
B. It is identified with persons or events significant in local, s'.
national history; or
C. It embodies distinctive characteristics of a style, type, per
method of construction, is a valuable example of the use of indigenous materi
craftsmanship or is representative of a notable work of an acclaimed builder, desig
architect; or
D. It is an archaeological, paleontological, botanical, geol
topographical, ecological or geographical site which has the potential of yielding inforl
of scientific value; or
E. It is a geographically definable area with a concentration of bui
structures, improvements, or objects linked historically through location, design, E
materials, workmanship, feeling and and/or association, in which the collective value
improvements may be greater than the value of each individual improvement.
22.06.030 Historic site and landmark desiqnation procedures.
Historic sites and landmarks shall be established by the City Council in the fol
manner:
A. Any person, association, or agency may request the designatic
site, landscape feature, or improvement as a historic landmark by submitting a '
request for such designation to the Historic Preservation Commission. The k
Preservation commission, Planning Commission, Design Review Board, or City C
may also initiate such proceedings by motion.
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B. Any such request shall be filed with the development proc
department upon prescribed forms and shall include the following data:
1, Name and address of property owner and assessor's
number and address of site;
2. Description of the proposed historic site or Ian1
including special aesthetic, cultural, archaeological, paleontological, architectu
engineering interest or value of a historic nature, including information aba
architecture, notable features, construction and other information indicating the hi:
significance of the site;
3. Sketches, photographs, or drawings;
5. Explanation of any known threats to the improvement
6. Additional information:
4. Statement of condition of structures;
site;
a. Site plan in appropriate scale,
b. Legal description of the property,
C. Photographs, old and recent,
d. Proposed use,
e, Exiting zoning,
f. Bibliography and references,
9. Chain of title, if available;
I.
C. Within forty-five days of the date of the request, the commissio
hold a public hearing to review the landmark application according to the criteria of 5
22.06.020.
D. Notice of the public hearing shall be given as provided in S
21.54.060(2) of this code. In addition, notice of the date, place, time and purpose
hearing shall be mailed, return receipt requested, to the owner of the proposed Ian
property as shown on the last equalized assessment role at least fourteen days prior
date of the public hearing. Failure to send, notice by mail to any property owner whm
address of such owner is not on the latest equalized assessment role shall not inv;
any proceedings in connection with the proposed designation.
E. After the public hearing, the commission shall by resolution IT
report and recommendation to the City Council. If the commission determines th
improvement does not meet landmark criteria, the process shall terminate at-
within ten days of the commission's determination. If the commission determines tt
resource warrants historic site or landmark designation and the property own€
consented to same in writing, then the commission shall submit a written recommen
to the City Council incorporating its reasons in support of the proposed desigl
Without the property owner's consent to the proposed designation, a site shall r
designated a historic site or landmark. Permits shall be required to work on a desi:
historic landmark as specified in Chapter 22.08 of this code. Permit fees sh
established by Resolution of the City Council.
F. The City Council shall hold a public hearing on the proposed h
designation within thirty days of the receipt of the recommendation for the commissior
G. At the conclusion of the public hearing on the proposed desigr 1 the City Council shall, by resolution, designate or conditionally designate, or disappro
commission shall notify the property owner and applicant of such termination in '
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
0 a
designation of the historic landmark. Written notice of the City Council action sh
mailed to the property owner.
22.060.040 Historic district designation procedures.
Historic districts shall be established by the City Council in the following mannc
A. The procedures for designating a historic district shall be the
as for designating a historic landmark, except as otherwise provided in this section.
B. Any application for designation of a historic district shall be file
the planning department upon the prescribed form and shall include the following dat:
addresses of property owners, assessor’s parcel numbers and addresses of pro1
within the boundaries;
2. Description of the proposed historic district, including I aesthetic, cultural, architectural, or engineering interest or value of a historical nature;
3. Sketches, photographs or drawings;
4. Statement of condition of’structures and improvements
1. Boundaries of the proposed district and a list of name
the district;
within the district;
5. Explanation of any known threats to any cultural re:
6. Other information requested by the planning departmen
C. If written consent of all of the owners of property within the prc
district to the proposed designation is not obtained at the time of the Historic Presel
Commission hearing, the process shall terminate and the commission shall not
property owners and applicant of said termination within fourteen days of the commi:
determination.
D. If the commission determines that the area warrants historic
designation, it shall submit a written recommendation to the City Council incorpora
reasons in support of the proposed historic district designation, within fourteen c
reaching its decision. Such recommendation shall include a report containing the fo
information:
1. A map showing the proposed boundaries of the
2, An explanation of the significance of the proposed distl
3. Recommendations as to appropriate permitted uses,
district identifying all structures within the boundaries;
description of the cultural resources within the proposed boundaries;
uses, height and area regulations, minimum dwelling size, floor area, sign regu
parking regulations, and any other modification to existing development sti
necessary or appropriate to the preservation of the proposed historic district.
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 I
0 0
SECTION IV: That Title 22, Chapter 22.08 of the Carlsbad Municipal Code is amende
read as follows:
Chapter 22.08
PERMITS AND PERMIT PROCEDURES
Sections:
22.08.010 Permits to work on a historic resource, historic landmark or hist
22.08.020 Permit procedure.
22.08.030 Permit c’riteria.
22.08.040 Duty to keep in good repair.
22.08.050 Existing improvements.
district.
22.08.010 Permits to work on a historic resource, historic landmark or hi
district.
The permit process for work on historic resources is as follows:
A. It is unlawful for any person to alter, tear down, demolish, COI
remove or relocate any improvement, or any portion thereof which has been desigr
historic site or landmark, or which lies within a historic district, without first obta
permit from the City Building Department.
B. No permit shall be necessary for ordinary maintenance and r
the proposed work will not alter or change ihe style, color, design, features or char:
the site or area and a permit is not required under § 301(b) of the Uniform Buildins
nor does this chapter prevent the construction, reconstruction, alteration, rest(
demolition or removal of any such feature when the building department certifies
Council that such action is required for the public safety due to an unsafe or dar
condition which cannot be rectified through the use of the California Historical E
Code.
C. The permit required by this chapter shall be in addition to an
permit required for a proposed project.
22.08.020 Permit procedure.
The permit procedure for work on historic resources is as follows: A. An application for a permit to do work at a historic site, in a
district, or on a historical landmark shall be submitted to the development pro
division on forms designated by the land use planning manager. Within thirty da
the receipt of said complete application the commission shall review the applicat
shall make a written report to the City Council. The City Council shall hold a public
on the application within thirty days of receipt of the commission report. Notict
public hearing shall be given as provided in Section 21.54.060(b) of this code.
i
* /I 0 0
1
,
, B. At the conclusion of the public hearing on.the permit applicatio
2 City Council shall, by resolution, issue or deny, in whole or in part, any permit applicati
resource or is located within a historic district may voluntarily have their property ren 3
C. Any property owner whose property is designated a h
from the list of historic resources upon a request in writing to the Historic Preser 4 Commission.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
22.08.030 Permit criteria.
The City Council shall issue a permit for any proposed work if, and on11
determines:
A. In the case of a designated historical site, that the proposed
would not detrimentally alter, destroy or adversely affect any archeological, paleontolc
or landscape feature;
B. That any exterior improvements will not adversely affect and \
compatible with the external appearance of existing designated improvements, buildir
structbres on said site;
C. That the applicant has presented clear and convincing evide
facts demonstrating to the satisfaction of the City Council that such disapproval wi
immediate and substantial hardship on the applicant because of conditions peculiar
person seeking to carry out the proposed work, whether this be the property owner,
or resident, or because of conditions peculiar to the particular improvement, builc
structure or other feature involved, and that approval of the application will be con
with the purposes of this chapter.
22.08.040 Duty to keep in good repair.
The owner, occupant or other person legally responsible for a historic resourc
keep in good repair all portions of such historic site, landmark, or district as specified
designating ordinance or permit and all interior portions and appurtenances thereof
maintenance is necessary to prevent deterioration and decay of the resource. Fai
keep such property in good repair may'result, upon recommendation of the t-
Preservation Commission, in removal from the list of historic resources.
19
improvements shall conform to the requirements of the California Historical Building 20
22.08.050 Existing improvements.
All repairs, alterations, reconstructions, restorations or changes in use of E
21 EFFECTIVE DATE: This ordinance shall be effective thirty days after its a
22
23
and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinan
cause it to be published at least once in a general circulation newspaper in the
24 I/ Carlsbad within fifteen days after its adoption.
25
26
27
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
held on the 2 nd day of December , 1997, and thereafter,
28
I
,.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
Council held on the day of , 1997 by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
~ 1
0 e
Title 22
HISTORIC PRESERVATION
Chapters:
22.02 General Regulation and Administration
22.06 Historic Resources, Historic Landmarks and Historic
22.08 Permits and Permit Procedure
22.45 Cbaf3#ers, EE
Districts
..
0 0
0 0
(2 iiJAJcc!-c c??" cf !?MI? 3: -
(2: 'Ex?- of %;=" ZzzlCs 3 ce- iSSlA by -Y c3u
. n . ..
.. ..
ef 3: t:, ?nC rc-3 c:;
(4) '(C3C
.. . ..
.. .. ..
(6: "Ext3-k xc-1,,.," =- =W!=, cfc-&n, s3s
t"
(7 7) "!=w+e+?=nt" E-l Sf:'Md::, P!s=l *, Ck"
..
(12: Ii!! 3: z-
e 0
0 0
0 0
c 0 e
c e 0
@ $el The city council shall hold a public hearing on the proposed historic designai
within thirty days of the receipt of the recommendation for the commission. w rf At the conclusion of the public hearing on the proposed designation, the
council shall, by resolution, designate or conditionally designate, or disapprove
designation of the historic landmark. Written notice of the city council action shall
mailed to the property owner. (Ord. 9835 § 2, 1987; Ord. 9776 5 I (part), 1985)
22.060.040 Historic district desinnation procedures.
Historic districts shall be established by the city council in the following manner: (a) The procedures for designating a historic district shall be the same as for design;
a historic landmark, except as otherwise provided in this section.
(b) Any application for designation of a historic district shall be filed with the plan
department upon the prescribed form and shall include the following data:
(1) Boundaries of the proposed district and a list of names and addresse
property owners, assessor’s parcel numbers and addresses of properties w
the boundaries;
(2) Description of the proposed historic district, including special aesth
cultural, architectural, 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 distri
(6) Other information requested by the planning department.
(c) If written consent of all of the owners of property within the proposed district tc
proposed designation is not obtained at the time of the Historic Preserv
Commission hearing, the process shall terminate and the commission shall notif!
commission’s determination.
(d) If the commission determines that the area warrants historic district designatic
shall submit a written recommendation to the city council incorporating its reasol
support of the proposed historic district designation, within fourteen days of reachir
decision. Such recommendation shall include a report containing the folk
information:
(1) A map showing the proposed boundaries of the historic district identifyi
structures within the boundaries;
(2) An explanation of the significance of the proposed district and descript
the cultural resources within the proposed boundaries;
(3) Recommendations as to appropriate permitted uses, special uses, heigk
area regulations, minimum dwelling size, floor area, sign regulations, pr
regulations, and any other modification to existing development stan
necessary or appropriate to the preservation of the proposed historic districi
property owners and applicant of said termination within fourteen days of
u ~.
c 0 0
Chapter 22.08
PERMITS AND PERMIT PROCEDURES
Sections:
22.08.01 0 Permits to work on historic resources, historic landmark or historic
22.08.020 Permit procedure.
22.08.030 Permit criteria.
22.08.040 Duty to keep in good repair.
22.08.050 Existing improvements.
district.
22.08.010 Permits to work on historic resource, historic landmark or historic district,
(a) It is unlawful for any person to aiter, tear down, demolish, construct, a4-b~ remove or relc
x, or which lies within a historic district, ~WI+#&R
any improvement, or any portion thereof which has been designated a tls@f@$t~',jr landrr ~..* ,", ,
..
. .. -without first obtaining a permit -d i:: t-from+tl
cll~~~~~~Id:jnglDepa~,m~n;f. I5za., iii i eI,j_w ,,e .&;sr~w~' I" ", ,.;_;"______I_ ,,, , ,.. , ,,,
# [E7 No permit shall be necessary for ordinary maintenance and repair if the proposed
will not alter or change the style, color, design, features or character of the site or area i
permit is not required under 3 301(b) of the Uniform Building Code, nor does this ch
prevent the construction, reconstruction, alteration, restoration, demolition or removal o
such feature when the building department certifies to the council that such action is rec
for the public safety due to an unsafe or dangerous condition which cannot be rectified thl
the use of the California Historical Building Code.
@j (c) The permit required by this chapter shall be in addition to any other permit required
proposed project. (Ord. 9776 § 1 (part), 1985)
22.08.020 Permit procedure.
(a) An application for a permit to do work at a historic site, in a historic district, or on a histc
landmark shall be submitted to the development processing division on forms designated t
land use planning manager. 1 7 Within thirty days from the receipt of said complete application the commi:
.. .. *
e 0
* 0 0
(2) “!x x F=r
E !t c- F=e. k : ..
.- e e .