HomeMy WebLinkAbout1997-12-09; City Council; 14468; AMENDMENTS TO TITLE 2 AND TITLE 22 OF THE MUNICIPAL CODE, CHANGING HISTORIC PRESERVATION COMMISSION MEMBERSHIP REQUIREMENTS AND MODIFYING THE HISTORIC PRESERVATION ORDINANCE1:- ‘
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DEPT. CLK
CITY ~ny. CODE, CHANGING HISTORIC PRESERVATION COMMISSION MTG. 12/09/97
TITLE: DEPT, HD.
AMENDMENTS TO TITLE 2 AND TITLE 22 OF THE MUNICIPAL
MEMBERSHIP REQUIREMENTS AND MODIFYING THE
HISTORIC PRESERVATION ORDINANCE CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. NS-433, amending Title 2 (Administration and Personnel) an
(Historic Preservation) of the Carlsbad Municipal Code.
ITEM EXPLANATION:
Ordinance No. NS-433 was introduced and first read at the City Council meetins
December 2, 1997. The second reading allows the City Council to adopt the (
which would then become effective in thirty days. The City Clerk will have the (
published within fifteen days, if adopted.
FISCAL IMPACT:
None.
EXHIBITS:
1. Ordinance No. NS-433
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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.
i The City Council of the City of Carlsbad, California hereby ordains as
8 follows:
9 SECTION I: That Title 2 of the Carlsbad Municipal Code is amended by the addl ,,
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Chapter 2.42 to read as follows:
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Chapter 2.42
HISTORIC PRESERVATION COMMISSION
Sections:
2.42.010 Created.
2.42.020 Membership.
2.42.030 Term of Office.
2.42.040 Duties
2.42.050 Rules and Procedures.
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19 2.42.01 0 Created.
A Historic Preservation Commission of the city is created. (Ord. 9776 § 1 (par 20 1985)
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2.42.020 Membership.
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 1
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.
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B. All members of the commission must be Carlsbad residents and regist
voters. The ex officio representative shall not be entitled to a vote. Appointment to tl
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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.
Of the five members of the commission first appointed, one member shall be
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 tharl
expiration of a term, it shall be filled by appointment by the City Council for the unexpi
portion of the term. Each member shall hold office until reappointed or a successor is
appointed.
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 matters
relating to the identification, protection, retention, and preservation of historic resourct
within the city.
8. It shall be the responsibility of the commission to provide advice to the
Council on the following matters:
1. Criteria for guidelines to be used in a comprehensive historic su
of properties within the City:
2. The designation of historic resources;
3. Maintaining the Carlsbad historic resources inventory adopted k
City Council;
properties within the boundaries of the City to identify historical sites and areas;
information, education, and interpretive programs pertaining to historical areas and sit
6. Cooperation with local, county, state, and federal governments
pursuit of the objectives of historic preservation; and
7. Any other matter which the commission deems necessary to prc
historical resources.
4. Hiring of staff or consultants to conduct a comprehensive surve
5. Participation in and promotion and dissemination of public
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 vari
2. Maintaining a Carlsbad historic resources inventory;
federal, state, local, or private funding sources available to promote historic preservati
the City;
4. Rendering advice and guidance, upon the request of the proper
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.
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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:
22.02.01 0 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 accomplish the protection, enhancement and perpei
of historic resources that represent or reflect elements of the city’s cultural,
economic, political and architectural history;
its historic resources;
B. Safeguard the City’s historic heritage by encouraging preservz
C. Stabilize and improve property values;
D. Foster civic pride in the character and accomplishments of the
E. Protect and enhance the City’s historic attractions for re:
F. Strengthen the economy of the City;
G. Promote the use of historic districts and landmarks for the edL
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, wi
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22.02.040 Definitions.
following meanings:
established by this title.
structures, signs, features, or other objects of scientific, aesthetic, educational, CI
architectural, or historic significance to the citizens of the City and includes both t-
landmarks and historic districts.
special character or special historic, cultural, archeological, paleontological, archite
community or aesthetic value.
or natural, which has special historic, cultural, architectural, archeological, or coml
interest or value as part of the development, heritage or history of the City, the s‘
California, or the nation, and that has been designated as a.historic landmark pursi
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 Cit
has been designated a historic district pursuant to this title.
private action, of any historic resource, or of any property located within a historic (
including, but not limited to, exterior changes to or modifications of a structure or an’
architectural details or visual characteristics, including paint color and surface tc
grading, surface paving, new structures, cutting or removal of trees and other I
features, disturbances of archeological sites or areas, and the placement or removal
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 I
structures, archeological or paleontological sites, as shown on the historic res
inventory or as identified in the environment study, the environment documents s
referred to the historic preservation commission for review. The commission may
and comment upon the environment documents of the referral. The commissio
comment within the public review time limits established by the California Environ
Quality Act.
For the purpose of this chapter, the following words and phrases shall ha!
A. “Commission” means the historic preservation comrr
B. “Historic resource” means sites, places, areas, landscape, buil
C. “Historic Site” means any parcel or portion of real property whic
D. “Historic Landmark means any property or improvement, mat
E. “Historic District” means any area which contains several t
F. “Alteration” means any change or modification, through pu
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SECTION Ill: That Title 22, Chapter 22.06 of the Carlsbad Municipal Code is amend€
read as follows:
Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICT
Sections:
22.06.010 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.
historic resources inventory based on one or more of the following:
economic, political, aesthetic, engineering or architectural history; or
A historic resource may be considered and approved by Council for inclusion
A. It exemplifies or reflects special elements of the city’s cultural,
B. It is identified with persons or events significant in local, st
C. It embodies distinctive characteristics of a style, type, per
method of construction, is a valuable example of the use of indigenous mater
craftsmanship or is representative of a notable work of an acclaimed builder, desic
architect; or
D. It is an archaeological, paleontological, botanical, geol
topographical, ecological or geographical site which has the potential of yielding infor
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, I
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 fo
manner:
A. Any person, association, or agency may request the designati
site, landscape feature, or improvement as a historic landmark by submitting a
request for such designation to the Historic Preservation Commission. The t
Preservation commission, Planning Commission, Design Review Board, or City (
may also initiate such proceedings by motion.
national history: or
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B. Any such request shall be filed with the development procc
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 lanc
including special aesthetic, cultural, archaeological, paleontological, architectur engineering interest or value of a historic nature, including information abol
architecture, notable features, construction and other information indicating the his
significance of the site;
3. Sketches, photographs, or drawings;
4. Statement of condition of structures;
5. Explanation of any known threats to the improvement
6. Additional information:
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,
g. Chain of title, if available;
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 S
22.06.020.
D. Notice of the public hearing shall be given as provided in 5
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 wh
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 n
report and recommendation to the City Council. If the commission determines tk
improvement does not meet landmark criteria, the process shall terminate ar
commission shall notify the property owner and applicant of such termination in
within ten days of the commission’s determination. If the commission determines tl
resource warrants historic site or landmark designation and the property own(
consented to same in writing, then the commission shall submit a written recommer
to the City Council incorporating its reasons in support of the proposed desig
Without the property owner’s consent to the proposed designation, a site shall
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 SI
established by Resolution of the City Council.
F. The City Council shall hold a public hearing on the proposed
designation within thirty days of the receipt of the recommendation for the commissic
G. At the conclusion of the public hearing on the proposed desk
the City Council shall, by resolution, designate or conditionally designate, or disapprc
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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;
1. Boundaries of the proposed district and a list of name
addresses of property owners, assessor’s parcel numbers and addresses of pro!
within the boundaries;
2. Description of the proposed historic district, including s
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
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 Preset
Commission hearing, the process shall terminate and the commission shall not1
property owners and applicant of said termination within fourteen days of the commi:
determination.
designation, it shall submit a written recommendation to the City Council incorporai
reasons in support of the proposed historic district designation, within fourteen d
reaching its decision. Such recommendation shall include a report containing the fol
information:
1. A map showing the proposed boundaries of the t
district identifying all structures within the boundaries;
2. An explanation of the significance of the proposed distr
description of the cultural resources within the proposed boundaries;
3. Recommendations as to appropriate permitted uses, I
parking regulations, and any other modification to existing development stal
necessary or appropriate to the preservation of the proposed historic district.
D. If the commission determines that the area warrants historic
uses, height and area regulations, minimum dwelling size, floor area, sign regul
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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:
22.08.01 0 Permits to work on a historic resource, historic landmark or hist
22.08.020 Permit procedure. 22.08.030 r Permit criteria.
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, cor
remove or relocate any improvement, or any portion thereof which has been design
historic site or landmark, or which lies within a historic district, without first obtai
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 the style, color, design, features or chara
the site or area and a permit is not required under § 301(b) of the Uniform Building
nor does this chapter prevent the construction, reconstruction, alteration, restc
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 danl
condition which cannot be rectified through the use of the California Historical I2
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 dal
shall make a written report to the City Council. The City Council shall hold a public I
on the application within thirty days of receipt of the commission report. Notice
public hearing shall be given as provided in Section 21.54.060(b) of this code.
the receipt of said complete application the commission shall review the applicati
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B. At the conclusion of the public hearing on the permit applicatio
City Council shall, by resolution, issue or deny, in whole or in part, any permit applicat
C. Any property owner whose property is designated a h resource or is located within a historic district may voluntarily have their property rer
from the list of historic resources upon a request in writing to the Historic Preser
Commission.
22.08.030 Permit criteria.
The City Council shall issue a permit for any proposed work if, and onl'
determines:
A. In the case of a designated historical site, that the proposec
would not detrimentally alter, destroy or adversely affect any archeological, paleontoll
or landscape feature;
compatible with the external appearance of existing designated improvements, buildir
structures 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 wil
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.
22.08.050 Existing improvements.
B. That any exterior improvements will not adversely affect and
All repairs, alterations, reconstructions, restorations or changes in use of e
improvements shall conform to the requirements of the California Historical Building (
EFFECTIVE DATE: This ordinance shall be effective thirty days after its ac
and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinam
cause it to be published at least once in a general circulation newspaper in the
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City (
held on the 2 nd day of December , 1997, and thereafter,
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbz
Council held on the 9th day of December , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and 1
NOES: None
ABSENT; None
APWWVED AS TO FORM AND LEGALITY
C" (p R. P9@p.,
RONALD R. BALL, City Attorney, 1 -
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ATTEST:
o" 2-p- ALETHA 1. RAUTENKRANZ, City Clerk
(SEAL)