HomeMy WebLinkAbout2019-01-14; Historic Preservation Commission; ; ORDINANCE REVISIONSHISTORIC PRESERVATION COMMISSION
Meeting Date: January 14, 2019
To: Historic Preservation Commission
From: Suzanne Smithson, Deputy Library Director
Staff Contact: Dianna Galindo
Subject: Ordinance Revisions
Recommended Action:
Approve ordinance revisions for future presentation to City Council.
Executive Summary:
This Historic Preservation Commission has worked with the City At1torney's office to modify the current
ordinances that pertain to the Commission. Commissioners will discuss the reviewed ordinance
revisions.
Exhibits:
1. Municipal Code: Original Chapter 2.42
2. Municipal Code: Original Chapter 22.02, 22.06 22.08
3. Draft Revisions to Chapters 2.42, 22.02, 22.06, 22.08
Chapter 2.42
HISTORIC PRESERVATION COMMISSION
Sections:
2.42.010
2.42.020
2.42.030
2.42.040
2.42.050
Created.
Membership.
Term of office.
Duties.
Rules and procedures.
2.42.010 Created.
A historic preservation commission of the city is created. (Orel. NSA33 § 1, 1997)
2.42.020 Membership.
Membership on the historic preservation commission shall consist of the following:
A. Five regular members and one ex officio representative from the planning commission. All
regular members of the commission must have knowledge of and a demonstrated interest
·in historic preservation and local history. Three members will have a background or an
interest in architecture, archaeology, history, biology, en~Jineering, geology or a related field.
Two members will have an interest in local history and willl serve at large from the community.
B. All members of the commission must be Carlsbad residents and registered voters. The ex
officio representative shall not be entitled to a vote. Appointment to the historjc preservation
commission shall be made by the city council. The pla1nning commission shall appoint a
member to serve as the ex officio representative. (Ord. l\lS-433 § 1, 1997)
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 than by expiration of a term, it shall be filled by
appointmeht by the city council for the unexpired portion of the term. Each tnember shall hold
office until reappointed or a successor is appointed. (Ord. NS--433 § 1, 1997)
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 resouroes within the city.
8 . It shall be the responsibility of the commission to provide advice to the city council on the
following matters:
1. Criteria for guidelines to be used in a comprehensive, historic survey of properties within
the city;
2. The designation of historic resources;
3. Maintaining the Carlsbad historic resources inventory adopted by the city council;
4. Hiring of staff or consultants to conduct a comprehensive survey of properties within the
boundaries of the city to identify historical sites and .areas;
5. Participation in and promotion and dissemination of public information, education, and
interpretive programs pertaining to historical areas and sites;
6. Cooperation with local, county, state, and federal governments in pursuit of the
objectives of historic preservation; and
7. Any other matter which the commission deems necessary to protect historical
resources.
C. The commission shall be responsible for:
1. Publicizing and periodically updating survey results;
2. Maintaining a Carlsbad historic resources inventory;
3. Investigating and reporting to the city council on the use of various federal, state, local,
or private funding sources available to promote historic preservation in the city;
4. Rendering advice and guidance, upon the request of the property owner or occupant,
on the restoration , alteration, decoration, landscaping, or maintenance of any historical
area or site; and
5. Performing any other functions that may be designated by the city council. (Ord. NS-
433 § 1, 1997)
2.42.050 Rules and procedures.
The historic preservation com mission shall establish such rules, regulations, and procedures
consistent with th is chapter for the transaction of business and shall keep a public record of its
resolutions, transactions, findings, and determinations. (Ord. NS-433 § 1, 1997)
\ -
Sections:
22.02.010
22.02.020
22.02.030
22.02.040
22.02.050
Chapter 22.02
GENERAL REGULATION AND ADMINISTRATION
Short title.
Purpose and intent.
Boundaries and areas of application.
Definitions.
Review of environmental documents.
22.02.010 Short title.
22.02.010
This title shall be known as the "Historic Preservation Ordinance." Compliance with this chapter shall be vol-
untary. (Ord. NS-433 § 2, 1997; Ord. 9776 § 1, 1985)
22.02.020 Purpose and intent.
It is the intent and purpose of this title to:
A. Effect and accomplish the protection, enhancement and perpetuation of historic resources that repre-
sent or reflect elements of the city's cultural, social, economic, political and architectural history;
B. Safeguard the city's historic heritage by encouraging preservation of its historic resources;
C. Stabilize and improve property values;
D. Foster civic pride in the character and accomplishments of the past;
E. Protect and enhance the city's historic attractions for residents, tourists and visitors and serve as a
support and stimulus to business and industry;
F. Strengthen the economy of the city;
G. Promote the use of historic districts and landmarks for the education, pleasure and welfare of the peo-
ple of the city. (Ord. NS-433 § 2, 1997; Ord. 9776 § 1, 1985)
22.02.030 Boundaries and areas of application.
This title shall apply to all historic resources, publicly and privately owned, within the corporate limits of the
city. (Ord. NS-433 § 2, 1997; Ord. 9776 § 1, 1985)
22.02.040 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
"Alteration" means any change or modification, through public or private action, of any historic resource, or
of any property located within a historic district, including, but not limited to, exterior changes to or
modifications of a structure or any of its architectural details or visual characteristics, including paint
color and surface texture, grading, surface paving, new structures, cutting or removal 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 affecting the historic qualities of the property.
"Commission" means the historic preservation commission established by this title.
"Historic district" means any area which contains several historic resources or landmarks which have special
character or special historical 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.
1215
22.02.050
"Historic landmark" means any property or improvement, manmade or natural, which has special historic,
cultural, architectural, archeological, or community interest or value as part of the development, heri-
tage or history of the city, the State of California, or the nation, and that has been designated as a his-
toric landmark pursuant to this title.
"Historic resource" means sites, places, areas, landscape, buildings, structures, signs, features, or other ob-
jects of scientific, aesthetic, educational, cultural, architectural, or historic significance to the citizens of
the city and includes both historic landmarks and historic districts.
"Historic site" means any parcel or portion of real property which has special character or special historic,
cultural, archeological, paleontological, architectural, community or aesthetic value. (Ord. NS-433 § 2,
1997; Ord. NS-141 § 1, 1991; Ord. 9835 § 1, 1987; Ord. 9776 § 1, 1985)
22.02.050 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 environment study,
the environment documents shall be referred to the historic preservatio,n commission for review. The com-
mission may review and comment upon the environment documents o-f the referral. The commission shall
comment within the public review time limits established by the California Environmental Quality Act. (Ord.
NS-433 § 2, 1997; Ord. NS-141 § 2, 1991; Ord. 9776 § 1, 1985)
1216
\ --
Sections:
22.06.010
22.06.020
22.06.030
22.06.040
Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS
Establishment of historic resources inventory.
Criteria for historic resources inventory.
Historic site and landmark designation procedures.
Historic district designation procedures.
22.06.010 Establishment of historic resources inventory.
22.06.010
The city shall establish and adopt a historic resources inventory. (Ord. NS-433 § 3, 1997; Ord. NS-141 § 4,
1991; Ord. 9776 § 1, 1985)
22.06.020 Criteria for historic resources inventory.
A historic resource may be considered and approved by council for inclusion in the historic resources inven-
tory based on or-1e or more of the following:
A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic,
engineering or architectural history; or
8. It is identified with persons or events significant in local, state or national history; or
C. It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable
example of the use of indigenous materials or craftsmanship or is representative of a notable work of
an acclaimed builder, designer or architect; or
D. It is an archaeological, paleontological, botanical, geological, topographical, ecological or geographical
site which has the potential of yielding information ofscientific value; or
E. It is a geographically definable area with a concentration of buildings, structures, improvements, or ob-
jects linked historically through location, design, setting, materials, workmanship, feeling and/or asso-
ciation, in which the collective value of the improvements may be greater than the value of each indi-
vidual improvement. (Ord. NS-433 § 3, 1997; Ord. NS-141 § 5, 1991 ; Ord. 9776 § 1, 1985)
22.06.030 Historic site and landmark designation procedures.
Historic sites and landmarks shall be established by the city council in the following manner:
A. Any person, association , or agency may request the designation of a site, landscape feature, or im-
provement as a historic landmark by submitting a written request for such designation to the historic
preservation commission. The historic preservation commission, planning commission, design review
board, or city council may also initiate such proceedings by motion.
B. Any such request shall be filed with the development processing department upon prescribed forms
and shall include the following data:
1. Name and address of property owner and assessor's parcel number and address of site;
2. Description of the proposed historic site or landmark, including special aesthetic, cultural, ar-
chaeological, paleontological, architectural, or engineering interest or value of a historic nature,
including information about the architecture, notable features, construction and other information
indicating the historical significance of the site;
3. Sketches, photographs, or drawings;
4. Statement of condition of structures;
5. Explanation of any known threats to the improvement of the site;
1217
22.06.040
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;
C. Within 45 days of the date of the request, the commission shall hold a public hearing to review the
landmark application according to the criteria of Section 22.06.020.
D. Notice of the public hearing shall 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 equalized assessment roll at least
14 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 equalized assessment role shall not invalidate any
proceedings in connection with the proposed designation.
E. After the public hearing, the commission shall by resolution make a report and recommendation to the
city council. If the commission determines that the improvement does not meet landmark criteria , the
process shall terminate and the commission shall notify the property owner and applicant of such ter-
mination in writing within 10 days of the commission's determination. If the commission determines that
the resource warrants historic site or landmark designation and the property owner has consented to
same in writing, then the commission shall submit a written recommendation to the city council incorpo-
rating its reasons in support of the proposed designation. Without the property owner's consent to the
proposed designation, a site shall not be designated a historic site or landmark. Permits shall be re-
quired to work on a designated historic landmark as specified in Chapter 22.08 of this code. Permit
fees shall be established. by resolution of the city council.
F. The city council shall hold a public hearing on the proposed historic designation within 30 days of the
receipt of the recommendation for the commission.
G. At the conclusion of the public hearing on the proposed designation, the city council shall, by resolu-
tion, designate or conditionally designate, or disapprove the designation of the historic landmark. Writ-
ten notice of the city council action shall be mailed to the property owner. (Ord. NS-433 § 3, 1997; Ord.
9835 § 2, 1987; Ord . 9776 § 1, 1985)
22.06.040 Historic district designation 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 designating a historic land-
mark, except as otherwise provided in this section.
B. Any application for designation of a historic district shall be filed with the planning division upon the
prescribed form and shall include the following data:
1. Boundaries of the proposed district and a list of names and addresses of property owners, asses-
sor's parcel numbers and addresses of properties within the boundaries;
2. Description of the proposed historic district, including special 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 within the district;
1218
22.06.040
5. Explanation of any known threats to any cultural resource within the district;
6. Other information requested by the planning division.
C. If written consent of all of the owners of property within the proposed district to the proposed designa-
tion is not obtained at the time of the historic preservation commission hearing, the process shall ter-
minate and the commission shall notify the property owners and applicant of such termination within 14
days of the commission's determination.
D. If the commission determines that the area warrants historic district designation, it shall submit a writ-
ten recommendation to the city council incorporating its reasons in support of the proposed historic dis-
trict designation, within 14 days of reaching its decision. Such recommendation shall include a report
containing the following information:
1. A map showing the proposed boundaries of the historic district identifying all structures within the
boundaries;
2. An explanation of the significance of the proposed district and description of the cultural re-
sou~Ges within the proposed boundaries;
3. Recommendations as to appropriate permitted uses, special uses, height and area regulations,
minirilum dwelling size, floor area, sign regulations, parking regulations, and any other modifica-
tion to existing development standards necessary or appropriate to the preservation of the pro-
pos~d historic district. (Ord. NS-433 § 3, 1997; Ord. 9776 § 1, 1985)
1219
22.08.010
Sections:
22.08.010
22.08.020
22.08.030
22.08.040
22.08.050
Chapter 22.08
PERMITS AND PERMITPROCEDURES
Permits to work on a historic resource, historic landmark or historic district.
Permit procedure.
Permit criteria.
Duty to keep in good repair.
Existing improvements.
22.08.010 Permits to work on a historic resource, historic landmark or historic district.
The permit process for work on historic resources is as follows:
A. It is unlaWful for any person to alter, tear down, demolish, construct, remove or relocate any improve-
ment, or any portion thereof which has been designated a historic site or landmark, or which lies within
a historic district, without first obtaining a permit from the city building department.
8. No permit shall be necessary for ordinary maintenance and repair if the proposed work will not alter or
change the style, color, design, features or character of the site or area and a permit is not required
under Section 301 (b) of the Uniform Building Code, nor does this chapter prevent the constructfon, re-
construction, alteration, restoration, demolition or removal of any such feature when the building de-
partment certifies to the council that such action is required for the public safety dl..le to an unsafe or
dangerous condition which cannot be rectified through the use of the California Historical Building
Code.
C. The permit required by this chapter shall be in addition to any other permit required for a proposed pro-
ject. (Ord. NS-433 § 4, 1997; Ord. 9776 § 1, 1985)
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 historic district, or on a historical landmark
shall be submitted lo the development processing division on forms designated by the city planner
Within 30 days from the receipt of such complete application the commission shall review the applica-
tion and shall make a written report to the city council. The city council shall hold a public hearing on
the application within 30 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 part, any permit application.
C. Any property owner whose property is designated a historic resource or is localed within a historic dis-
trict may voluntarily have their property removed from the list of historic resources upon a request in
writing to the historic preservation commission. (Ord. CS-164 § 10, 2011; Ord. NS-676 § 15, 2003;
Ord. NS-433 § 4, 1997; Ord. 9776 § 1, 1985)
22.08.030 Permit criteria.
The city council shall issue a permit for any proposed work if, and only if, it determines:
A In the case of a designated historical site, that the proposed work would not detrimentally alter, destroy
or adversely affect any archeological, paleontological, or landscape feature:
B. That any exterior improvements will not adversely affect and will be compatible with the external ap-
pearance of existing designated improvements, building and structures on said site;
1220
. ·'-
22.06.040
5. Explanation of any known threats to any cultural resource within the district;
6. Other information requested by the planning division.
C. If written consent of all of the owners of property within the proposed district to the proposed designa-
tion is not obtained at the time of the historic preservation commission hearing, the process shall ter-
minate and the commission shall notify the property owners and applicant of such termination within 14
days of the commission's determination.
D. If the commission determines that the area warrants historic district designation, it shall submit a writ-
ten recommendation to the city council incorporating its reasons in support of the proposed historic dis-
trict designation, within 14 days of reaching its decision. Such recommendation shall include a report
containing the following information:
1. A map showing the proposed boundaries of the historic district identifying all structures within the
boundaries;
2. An explanation of the significance of the proposed district and description of the cultural re-
sou~c:es within the proposed boundaries;
3. Recommendations as to appropriate permitted uses, special uses, height and area regulations,
minimum dwelling size, floor area, sign regulations, parking regulations, and any other modifica-
tion to existing development standards necessary or appropriate to the preservation of the pro-
posed historic district. (Ord. NS-433 § 3, 1997; Ord. 9776 § 1, 1985)
1219
22.08.040
/ C. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfac-
\ -lion of the city council that such disapproval will work immediate and substantial hardship on the appli-
cant because of conditions peculiar to the person seeking to carry out the proposed work, whether this
be the property owner, tenant or resident, or because of conditions peculiar to the particular improve-
ment, building or structure or other feature involved, and that approval of the application will be consis-
tent with the purposes of this chapter. (Ord. NS-433 § 4, 1997; Ord. 9776 § 1, 1985)
' \
i
22.08.040 Duty to keep in good repair.
The owner, occupant or other person legally responsible for a historic resource shall keep in good repair all
portions of such historic site, landmark, or district 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. Failure to keep such property in good repair may result, upon recommendation of the
historic preservation commission, in removal from the list of historic resources. (Ord. NS-433 § 4, 1997; Ord.
9776 § 1, 1985)
22.08.050 Existing improvements.
All repairs, alterations, reconstructions, restorations or changes in use of existing improvements shall con-
form to the requirements of the California Historical Building Code. (Ord. NS-433 § 4, 1997; Ord. 9776 § 1,
1985)
1221
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE, TITLE 2, CHAPTER 2.42.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains a follows
that:
SECTION I: That Carlsbad Municipal Code, Title 2, Chapter 2.42 is amended to read
as follows:
“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.
2.42.010 Created.
A historic preservation commission of the city is created.
(Ord. NS-433 § 1 (part), 1997)
2.42.020 Membership.
A. Membership on the historic preservation commission shall consist of the following:
Five regular members and one ex officio representative from the planning commission. All regular
members of the commission must have knowledge of and a demonstrated interest in historic
preservation and local history. Five members will serve at large from the community with one of the
five being a resident of the community for at least 20 years.
B. All members of the commission must be Carlsbad residents and registered voters. The ex officio
representative shall not be entitled to a vote. Appointment to the historic preservation commission shall
be made by the city council. The planning commission shall appoint a member to serve as the ex officio
representative.
(Ord. NS-433 § 1 (part), 1997)
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 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.
(Ord. NS-433 § 1 (part), 1997)
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 resources within the city.
B. It shall be the responsibility of the commission to provide advice to the city council on the following
matters:
1. Establishing criteria for guidelines to be used in a comprehensive survey of properties within the city
to identify historic resources as that term is defined in Chapter 22.02 of this code;
2. Designating historic resources;
3. Maintaining the record of the Carlsbad historic resources inventory adopted by the city council;
4. Hiring of staff or consultants to conduct a comprehensive survey of properties within the boundaries
of the city to identify historic. Resources;
5. Promotion and disseminating public information, education, and interpretive programs pertaining to
historic resources, to include the installation of plaques or markers at historical resource sites as may be
appropriate;
6. Cooperating with local, county, state, and federal governments in pursuit of the objectives of historic
preservation; and
7. Any other matter which the commission deems necessary to protect historical resources.
C. The commission shall be responsible for:
1. Publicizing and periodically updating survey results;
2. Maintaining a record of Carlsbad historic resources inventory;
3. Maintaining a list of organizations and resources specializing in historic preservation;
4. Investigating and reporting to the city council on the use of various federal, state, local, or private
funding sources available to promote historic preservation in the city;
5. Performing any other functions that may be designated by the city council.
(Ord. NS-433 § 1 (part), 1997)
2.42.050 Rules and procedures.
The historic preservation commission shall establish such rules, regulations, and procedures consistent
with this chapter for the transaction of business and shall keep a public record of its resolutions,
transactions, findings, and determinations.
(Ord. NS-433 § 1 (part), 1997)
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city clerk shall certify the adoption of this ordinance and cause the full text of
the ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
_____ day of ______________________2018, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on
the ________ of _______________________, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
__________________________________
CELIA A. BREWER, City Attorney
______________________________
MATT HALL, Mayor
ATTEST:
________________________
BARBARA ENGLESON, City Clerk
ORDINANCE NO.
An Ordinance of t he City Council of the City of Carlsbad, California, Amending
Carlsbad Munici pal Code, Title 22, Chapter 22.02
NOW, THEREFORE, t he City Council of the City of Carlsbad ordains as follows t hat:
SECTION I: That Carlsbad Municipal Code, Title 22, Chapter 22.02 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 title shall be known as the "historic preservation orc;li.n..ance.'1
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (part·), 1~85)
22.02.020 Purpose and intent.· > • ;
It is the intent and purpose of this title to: ~ . .
A. Effect and accomplish the pr,otection, ~~hancement ana .Perpetuation of historic resources t hat represent or
reflect elements of the city's cultural; soci~l;_!KQnQmic, political and architectural history;
B. Safeguard the city'_s historic heritage by e·ncouraging pre~eryation of its historic resources;
C. Encourage_pfivate property o.wners to voluntarily partklp_ate in city's historic preservation program. . . .. • • <
D. Foster civic 'pride in the character and atcqmplishments of the past;
E. Protect and enhance the city's historic attractions for residents, tourists and visitors and serve as a support
and stimulus to busi~e~s and industry;
F. Strengthen the economy of the cityi
G. Promote the use of historic sites, lanpmarks and districts for t he education, pleasure and welfare of the
people of the city.
(Ord. NS-433 § 2 (part), 1997: 0rd. 9776 § 1 (part), 1985)
22.02.030 Boundaries and areas of application.
This title shall apply to all historic resources, publicly and privately owned, within the corporate limits of t he city.
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (part), 1985)
22.02.040 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
A. "Alteration" means any change or modificat ion, through public or private action, of any historic resource, or of
any property located within a hist oric district, including, but not limited to, exterior changes to or modifications of
a structure or any of its architectural details or visual characteristics, including paint color and surface texture,
grading, surface paving, new structures, cutting or removal 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 affecting the historic qualities of the
property.
B. "Commission" means the historic preservation commission established by this title.
C. "Historic district" means any area which contains severa l historic resources or landmarks which have special
character or special historical va lue, 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.
D. "Historic landmark" means any property or portion of real property or improvement, rnanmade or natural,
which has special character or special historic, cultural, architectural, archeological, 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 as a historic landmark pursuant to this title.
BE. "Historic resource" means sites, places, areas, landscape, buildings, structures, signs, features, or other
objects of scientific, aesthetic, educational, cultural, architectural, or historic significance to the citizens of the city
and includes historic landmarks and historic districts.
F. "Historic site" means any property, parcel or portion of real property, or improvement, ma made or natural,
which has special character or special historic, cultural, archeological, paleontological, architectural, community
interest or aesthetic value as part of the history of the city, the state of Ca lifornia, or the nation.
(Ord. NS-433 § 2 (part), 1997: Ord. NS-141 § 1, 1991; Ord. 9835 § 1, 1987; Ord. 9776 § 1 (part), 1985)
22.02.050 Review of environmental documents.
As part of the environmental review of development projects affecting historic structures, archeological or
paleontological sisters, as shown on the historic resources inventory or ~s identified in the environmental study,
the environmental documents shall be referred to the h_istoi"ical 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.e~tablished by the California Environmental Quality Act.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall
certify the adoption of this ordinance and cause the full text of the ordiinance or a summary of the ordinance
prepared by the City Attorney to be published at least once in a newspaiper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the __ _
day of ________ -2018, and thereafter
PASSED AND ADOPTED at a regular meeting of the Cit y .C:o.uncil of the City of Carlsbad on the
of ________ ~ 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER., City Attorney ,•
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
that:
ORDINANCE NO. ____ _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE. TITLE 22, CHAPTER 22.06.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
SECTION I: That Carlsbad Municipal Code, Title 22, Chapter 2?.06 is amended to read as follows:
"Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARKS-AND HISTORIC DISTRICTS
Sections:
22.06.010 Establishment of historic resources inv.entory.
22.06.020 Criteria for historic resources inventory:
22.06.030 Historic site and landmark designation proc::edures.
22.06.040 Historic point of interest designation procedures.
22.06.040 Historic district designation.pr~cedures.
22.06.050 Withdrawal of property from historit site, historic landmark or historic district designation.
22.06.010 Establishment of hjstori.c resources inventory.
The City shall establish and adopt~ ·historic reso·urces inveiitor'y. Grd. NS-433 §3 (part), 1997: Ord. NS-141 . . , . .
§4m 1991: Ord. 9776 §1 (part), 1985)
22.06.020 Criteria f<?r; h[storic i'eS';)U(Ce°s jnv~n~C>~y
A historic res·ource may be .c<;>nsideted\and appfoved by council for inclusion in the historic resources inventory . ~-. . with the writ.ten approval of-th~ property owner, which ~pproval may be withdrawn by the property owner or
' ' subsequent property owner without penalty or cost by submitting a request in writing to the city manager.
Inclusion of a prop,ert,y in the hist~ric resource~ Inventory shall be based on one or more of the following:
A. It exemplified.or reflects special elements of t he city's cultural, social, economic, political, aesthetic,
engineering or architectyral history; or: .
B. It is identified with per~ons o_r evehts significant in local, state or national history; or
C. It embodies distinctive ctlara~teristics of a style, type, period or method of construction, is a valuable
example of the use of indigenous materials or craftsmanship or is representative of a notable work of an
acclaimed building, designer or architect; or
D. It is an archaeological, paleontological, botanical geological topographical, ecological or geographical site
which has the potential of yielding information of scientific value; or
E. It is a geographically definable area with a concentration of buildings, structures, improvements, or objects
linked historically through location, design, setting, materials, workmanship, feeling and/or association, in which
t he collective value of the improvements may be greater than the value of each individual improvement. (Ord.
NS-433 § 3 (part), 1997; Ord. NS-141 § 5, 1991; Ord. 9776 § 1 (part), 1985)
F:\HPC items\Oridinances\Chapter 22 06 Fin~l.docx
22.06.030 Historic site and landmark designation procedures.
Historic sites and landmarks shall be established by the city council in the following manner:
A. Any person, association, or agency may request the designation of a site, landscape feature, or
improvement as a historic site or historic landmark by submitting a written request for such designation to the
historic preservation commission. The historic preservation, planning commission, design review board, or city
council may also initiate such proceedings by motion.
B. Any such request shall be filed with the development processing department upon prescribed forms and
shall include the following data:
1. Name and address of property owner and assessor's parcel number and address of site;
2. Written consent of the property owner.
3. Description of the proposed historic site or landmark; \fri'cluding special aesthetic, cultural, ,'.' .·
archaeological, paleontological1 architectural, or engineering inti;(~$t or value or a historic nature, including
information about the architecture, notable features, con~~(:Gdi~·~i i p? other information indicating the
historical significance of the site;
4. Sketches, photographs, or drawings;
5. Statement of condition of structures;
6. Explanation of any known threats to the improve0,~nt ofthe.~ite.
7. Additional information: •·· · ·•-:: ·.:-; · ,,,,,: .
a. Site plan in appropriate sca le;
b. Legal description of the property;
c. Photographs, old and recent;
Proposed use;
e. Exiting zoning; .:: ···< :;::.
f. Bibliography and' i~fhences; '\\f: · ... :;::::-.·
g. Chain of title, if avaii~'i~Je;. ::.::
C. Within fqrWJive. days oHihe .c:l~f, '.6:(tli~_requestj he commission shall hold a public hearing to review
the historic si,t/Si \~~i~irk:~ppli~at:~H\:cco~di~i:fo:th~ c;·ifeha of Section 22.06.020.
D. N6.t iti 6f the publ.i2 K~a ring sfii'n':be given as ht&Vided in Section 21.54.060(2) of this code. In addition,
notice ofth~ tl~'te, place, time ~id:purpos·~:ci{t~e hearing shall be mailed, return receipt requested, to the owner .. ;.•.•. '·• ..
of the proposea ::lij?_~oric site or 1·1\{d.mark prcip~rty as shown on the last equalize assessment role at least
fourteen days prio/f'8::the date ofth{f :w_blic hea /h~g. Failure to send notice by mail to any property owner when
the address of such 011,/K~r;.i-? not on thi latest equalized assessment role shall not invalidate any proceedings in
connection with the propJ:;~4.designiiJ.6n. . . . . ',' ·-·~' . '
E. After the public hearirig/th}\ommission shall by resolution make a report and recommendation to the ' .. •.•.·,··
city council. If the commission dete rmines that the improvement does not meet land-mark criteria, the process
shall terminate and the commission shall notify the property owner of such termination in writing within ten
days of the commission's determination. If the commission determines that the resource warrants historic site
or landmark designation, then the commission sha ll submit a written recommendation to the city council
incorporating its reason in support of the proposed designation.
F. The city council shall hold a public hearing on the proposed historic designation within thirty days of the
receipt of the recommendation for the commission.
G. At the conclusion of the public hearing on the proposed designation, the city council shall by resolution,
designate or conditionally designate, or disapprove the designation of the historic site or landmark. Written
F:\HPC items\Oridinances\Chapter 22 06 Final.clocx
notice of the city council action shall be mailed to the property owner. (Ord. NS-433 § 3 (part), 1997; Ord. 9835
§ 2, 1987; Ord. 9776 § 1 (part), 1985)
22.06.040 Historic district designation 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 sarne as for designating a historic landmark,
except as otherwise provided in this section.
8. Any application for designation of a historic district shall be filed with the planning division upon the
prescribed form and shall include the following data:
1. Boundaries of the proposed district and a list of names and addr~~s~s of property owners, assessor's parcel
numbers and addresses of properties within the boundaries:
2. Description of the proposed historic district, including special .aestlhetj~, cultural architectural or engineering
interest or value of a historical nature;
3. Sketches, photographs or drawings;
4. Statement4 of condition of structures and improvements within tlhe district;
5. Explanation of any known threats to any cultural resource within ,the district; ~ ., ~
6. Other information requested by the planning division.
C. Written consent of all of the owners of.,prqp~rty within the proposed district to the proposed designation.
D. If the commission determines that the area doe~ no~ warrant his~oric district designation, it shall notify the
property owners and applicant of such termin'ation withiri·fqurteen days of the commission's determination.
E. If the commission determir:i~.s {b.at the area~warrants h_ist<)[i.<;: district q~signation, it shall submit a written
recommendation to the ci~~ eouncff in~_orporatin'g° jts ~~~;~9ns 1'n' ~upport of the proposed historic district
designation, within fourt 'eet:1 days of (¢aching its ~~c;i$i0h. Such recommendation shall include a report . . ..
containing the following informa.tion:
1. A map showing the pro'posed ·b6'i.mdaries of the historic dis.trict identifying all structures within the .. . . . . .. . . . . .
boundaries; .. : · · · .......
2. Afl.. ~xplanation of the" significance .of the proposed district and description of the cultural resources
within the prop_o~ed boundaries; · •.
3. Recomrtle~9<1tions as to appro,priate permi~ted uses, special uses, height and area regulations, minimum
dwelling size, floof.' area, sign reguli,1tions, parking regulations, a1nd any other modification to existing
development standards riec~_ssary or appropriate to the preservation 1:Jf the proposed historic district. (Ord. NS-
433 §3 (part), 1997; Ord. 9776' § 1 _(part), 1985)
22.06.050 Withdrawal of property from historic site, historic landmark or historic district designation
In the event a current property owner of property designated as historic site, historic landmark or in a
historic district decides to withdraw from the historic site, historic landlmark or district designation, the property
owner shall submit such a request in writing to the city manager. Uponi receipt of such request the city manager,
or his designee, shall approve the request and forward the request ,ind a copy of his written approval to the
commission, who shall forward to the city council a written recommendation to revise the existing historic
designation, and in the case of a historic district submit a revised map with revised boundaries for approval.
F:\HPC items\Orldinances\Chapter 22 06 Flnal.docx
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of
the ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the __
day of __________ 2018, and thereafter /':.
._:<}<. :\::
PASSED AND ADOPTED at a regular meeting of t.~f¢,tf;/council of the City of Carlsbad on the
____ of __________ ~ 2018, by the follow/tg}Ji;:t~Ht\A/it:
AYES:
NOES:
... :/~'.\~
ABSENT• < :;;•••';•;.\.. ··•·•:,{~~:) •·
APP ROVED AS TO FORM A~ ;,.J; ~;:\;;\ \ i((;_:'..••:·-:_._··•:_::.•:::::'--::._.::_:·::_::::_::_:::.•·:_.: __ :•·::.:::.:-•::_,.·_::_-.• : .. :_:.:::::·::_·;:l·'.:_:::•·-;_·.i;;)';t_·:_:::•,:·:·:._:::,·:·:·:···,·.::::·
·:<(t;::.,. -\\(I> -· _ ---
CELIA A. BREWER, City Attorn~\/:\, )}: . \/\ .
. .::-i:Y<t\>.:: ::: .. --:W\!J_;_: __ i_:_-•.·_:_:_:_:_-_::._:_~:_'..·,·_:_·:,::·~-:_~:::_·_·::·.::--:--:_:_·:_•_i_t<rtt:-:: .. ::-. ·<~/1.
·::::::;:: :::. :-·. . .-/(\_'i_::~:::;, .. :_·_ .. :_.· .. ·,:,,, ' ·~···•::<?).,:it:·-, )Jt:::·· •:;::>:::\ MATT HALL, May
,: :,:-,•,::~., .. ·., ,.·,:--.. ·. ~:-::: '. .•:·-
. :\i\i . '\t!~;h, . \(~t"
\\l~}\th \'.A • ...... .
·. •C'.j\1fi!Ji'
ATTEST:
BARBARA ENGLESON, City Clerk
F:\HPC items\Oridinances\Chapter 22 06 Final.docx
ORDINANCE NO. --------
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING CARLSBAD MUNICIPAL CODE, TITLE 22, CHAPTER 22.08.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
SECTION I:
as follows:
Sections:
That Carlsbad Municipal Code, Title 22, Chapter 22.08 is amended to read
"Chapter 22.08
PERMITS AND PE~IT PROCEDURES
22.08.010 Permits to work on a historic site; hi~toric lan~mark or histqric district.
22.08.020 Permit procedure.
22.08.030 Permit criteria.
22.08.040 Duty to keep in good repa,ir. : : ..
22.08.050 Existing improvements. · ·.
22.08.010 Permits to work on .1-)istoric site, bisforic landmark or historic district.
The permit process fot work on hi~toric site, ·hi$toric landmark or district is as follows: .. ;,: ..
A. It is unlawful for ariy persoh:to alter, tear~down, demolish, construct, remove or relocate ' > •
any impr.!:'Vetnent, 0r any p·oM:ioli ·thereof Which h:as been designated a historic site or historic
landmarl~;_:?r which lies within a histQ_ric district, without first obtaining a no-fee permit from the
city buildi~r; division.
B. No permjt shall be nec.essary for.. 0rdinary maintenance and repair if the proposed work
will not alter or charge the style, color, design, features of character of the site or area and a
permit is not .require-ct 1.:1rider Se~tion 105.2 of the California Building Code, nor does this chapter
prevent the constructfon1 -~e.c·~nstruction, alteration, restoration, demolition or removal of any
such feature when the building department certified 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.
C. The permit required by this chapter shall be in addition to any other permit required for
a proposed project. (Ord. NS-433 § 4(part), 1997: Ord. 9776 § l(part), 1985)
22.08.020 Permit procedure.
The permit procedure for work on a historic site, landmark or district is as follows:
A. An application for a permit to do work at a historic site, historic landmark 01· in a historic
district shall be submitted to the development processing division on forms designated by the
city planner or Community & Economic Development director. Within thirty days from the
receipt of such complete application the commission shall 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 part, any permit apl=!iicafion.
22.08.030 Permit criteria.
The city council shall issue a permit for any pro.posed work if, and only if, it determines: .• ...
A. In case of a designated historical site or hfstoric landmark, that the proposed work would
not detrimentally alter, destroy or adversely :affect any archeological, paleontological, or
landscape feature;
B. That any exterior improvem~ntS·'("'.ill not adve(sel.y ~ffect and will be corhpatible with the
external appearance of existing designated imRrovements, building and structures on said site;
C. That the applicant has presented ¢I.~ar al~~ ·C.o.nvincing eVid.ence of facts demonstrating to
the satisfaction of the city qpuncil that sllt.h disapii ~ova l will w~Y.I$ immediate and substantial
hardship on the appli_c;a_nt because of conditions_p~~uliar t6 t~-~ person seeking to carry out the
proposed work, whether this be the property ovv~~r, tenant or resident, or because of conditions
peculiar to the particular irTJ_prove~ei:it1 building:~r.structure or other feature involved, and that
approval of ~]1:e appl)~_ation w.Ul ·9e consistent with th~ purposes of this chapter. (Ord. NS-433 §
' ;
4 (part), i997: Ord. 9t7.6 § 1 (part }, 1985). . .... •"'
22.08.040 .Duty to keep i11 good rep<:1ir:
The owner, occ.upant or other; person IEigally responsible for a historic resource shall keep in
good repair all portions of such-l1Lstoric site landmark or district as specified in the designating ;, .
ordinance or permit a1icl .all inthior portions and appurtenances thereof whose maintenance is
necessary to prevent deteri0.ration and decay of the resource. Failure to keep such property in
good repair may result, upon recommendation of the historic preservation commission, in
removal from the list of historic resources. (Ord. NS-433 § 4 (part), 1997: Ord. 9776 § 1 (part),
1985)
22.08.050 Existing improvements.
All repairs, alterations, reconstructions, restorations or changes in the use of existing
improvements shall conform to the requirements of the California Historical Building Code. (Ord.
NS-433 § 4 (part), 1997: Ord. 9776 §1 (part), 1985).
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or
a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular me_eting of the Carlsbad City Council
on the ___ day of ________ 2018, and there9fter
PASSED AND ADOPTED at a regular meeting of the Oty·Council of the City of
Carlsbad on the
AYES:
of ________ ~ 2018, by t he following vote, to wit:
NOES:
ABSENT:
APPROVED AS TO F.ORM AN[? LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk