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HomeMy WebLinkAbout2022-10-18; City Council; ; Amendment to the Carlsbad Municipal Code to Update the City’s Historic Preservation Ordinance, including the Establishment of a Local Mills Act ProgramCA Review __AF__ Meeting Date: Oct. 18, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Mike Strong, Assistant Director Community Development mike.strong@carlsbadca.gov, 442-339-2607 Subject: Amendment to the Carlsbad Municipal Code to Update the City’s Historic Preservation Ordinance, including the Establishment of a Local Mills Act Program District: All Recommended Actions 1)Introduce an ordinance amending various provisions of Chapter 2.42 and Title 22 of the Carlsbad Municipal Code (Exhibit 1). 2)Consider a recommendation from the Historic Preservation Commission to direct staff to work with the Historic Preservation Commission in developing additional historic preservation incentives for the City Council’s consideration (Exhibit 5). Executive Summary The City Council directed staff on Oct. 19, 2021, to develop and return with a local Mills Act program for City Council consideration. The Mills Act is a state law that gives cities the authority to enter into contracts with owners of qualified historic properties under which they receive property tax relief in exchange for restoration and maintaining the properties. In addition to the Mills Act program, staff are proposing various amendments to the city’s historical preservation ordinance – contained in Title 22 of the Carlsbad Municipal Code. As part of this effort, staff took the opportunity to clarify and simplify the regulations to improve code readability and implementation as well as clarify the roles and responsibilities of the Historic Preservation Committee. This work has resulted in a major overhaul to Title 22 and Chapter 2.42. On Sept. 12, 2022, the proposed changes were presented before the Historic Preservation Commission for review and recommendation. By a vote of 3-0-2, the Commission recommended that the City Council adopt the code changes as presented by staff. By separate motion, the Commission recommended that the City Council direct staff to work with the Commission in developing additional historic preservation incentives (Exhibit 5) that will be brought back for City Council consideration at a future date. Staff will also return at a later date with a resolution to amend the Master Fee Schedule by including cost recovery fees, as provided in the ordinance. Oct. 18, 2022 Item #8 Page 1 of 48 Discussion Background The City Council adopted an ordinance in 1985 that set forth procedures to designate historic resources, landmarks and districts within the city. The Historic Preservation Commission was created in 1997 to help administer the city’s historic preservation policies and programs. Since the program was adopted, 19 properties have received varying forms of recognition by the City Council, of which 13 are still in existence. The City Council received a report on July 20, 2021, regarding the city’s possible acquisition of the Culver-Myers-Capp house1 for historical preservation and approved a motion, directed staff to return with more information about a local Mills Act program. Staff presented that informational report to the City Council on Oct. 19, 2021. The City Council then directed staff to prepare a Mills Act program for City Council consideration. The Oct. 19, 2021, City Council staff report and other relevant background information is provided as attachments to the Sep. 12, 2022, Historic Preservation Commission staff report (Exhibit 3). A draft informational bulletin (Exhibit 6) has also been prepared to highlight the context of historic preservation and to provide additional background information, including the prospective local Mills Act program. Proposed code changes – historic preservation Staff and the Historic Preservation Commission are recommending a comprehensive update to the city’s Historic Preservation Ordinance, which includes adopting a local Mills Act program. Below is a summary of the major changes proposed to the Historic Preservation Ordinance. (All of the revisions are highlighted in Exhibit 2.) Definitions added Additional defined terms have been added to help avoid ambiguity or uncertainty regarding the meaning of definitions provided throughout Title 22. Historic resource, landmark and district designation The draft ordinance revises the criteria for designating historic resources, historic landmarks and historic districts to be consistent with state law. For example, state law2 requires that for a property or structure to be designated as a historic resource, a resolution must be approved by the decision-making authority – in Carlsbad, the City Council – and recorded on the property’s title. To remove the designation requires City Council adoption of a similar resolution. The draft ordinance narrows the list of persons and entities that can apply to designate a property as a historic resource. Under the proposed revisions, only the property owner, Historic Preservation Commission or City Council may initiate the process for designating a property as historic. The draft ordinance retains the requirement for property owner consent to designate a property as a historic resource. If the Historic Preservation Commission recommends, and the City Council determines that a property qualifies for the local register, then the property is 1 The Culver-Meyers-Capp house is a Victorian mansion on Highland Drive at Oak Avenue. It was built in 1887 by Alonzo Jackson Culver, who also constructed the landmark Twin Inns downtown on Carlsbad Boulevard. 2 Public Resources Code Section 5029 and California Government Code Section 27288.2 Oct. 18, 2022 Item #8 Page 2 of 48 designated as a historic resource. The process for removing the property from the local Register is proposed to follow the same process. Eliminate references to the survey/inventory In 1991, the Cultural Resource Survey was adopted by the City Council as the city’s historic resource inventory. Traditionally, such an inventory is used as a list of properties that potentially may be historic, based typically based on just observation from the street. Properties on the inventory are then further researched and analyzed to determine if they are eligible for historic designation and placement on the local register. However, the city’s inventory was deleted by the City Council in 1993 with the direction that no properties should be placed on the inventory without owner consent. Additionally, there are no state laws requiring that a potential historic resource first be placed on an inventory before being eligible for historic resource designation and placement on the local register. Staff therefore recommend deleting all references to the inventory from the Historic Preservation Ordinance. Projects affecting historic resources on the local register Carlsbad Municipal Code Chapter 22.08 currently requires a permit for any work on a historic resource, except for ordinary maintenance and repair or to address public health and safety; however, the Chapter also allows property owners to remove their property from the list of historic resources upon request. In addition, Section 22.02.010 currently states that compliance with the Chapter is voluntary. Under the proposed changes, work on a historic resource would require a permit and property owners could not remove their property from the list of historic resources upon request. If the application for work is on a historic resource subject to a historical property contract – that is, a Mills Act contract -- then the City Planner would review the scope of work to make sure it is consistent with the terms of the contract, the Secretary of Interior’s Standards3 and any applicable local guidelines or standards adopted, and issue a permit administratively. (Under the existing ordinance, all permits are issued through a public hearing by the City Council.) If the application is for a property not subject to a historical property contract or cannot be issued administratively, then the Historic Preservation Commission must hold a public hearing to consider the request. The commission’s decision may be appealed to the City Council. Proposed Mills Act program: Important features of the Mills Act program, established by the state legislation and incorporated into the draft ordinance include: • The Mills Act program is a voluntary program. • The contract is between the city and the owner of a designated historic resource. • The initial contract is for 10 years. At the end of each year, the term is automatically extended one year, unless the owner or the city gives notice not to renew. 3 The Secretary of the Interior’s Standards for the Treatment of Historic Properties are published by the U.S. Department of the Interior and are common sense historic preservation principles in non-technical language. They promote historic preservation best practices, which help to protect cultural resources. Oct. 18, 2022 Item #8 Page 3 of 48 • The agreement provides for periodic inspections to determine compliance with the contract. • The penalty for breach of contract is 12.5% of the current property value, payable to the San Diego County assessor. • The basic requirement is that the owner preserve, rehabilitate and maintain the historical and architectural character of the property. • The contract runs with the property, so its benefits and obligations automatically transfer to each new owner and the property is not reassessed to full market value upon sale. • The amount of tax reduction depends on a number of variables. The largest tax reductions usually occur for properties purchased or reassessed in recent years and at high market values. For properties with existing low assessments, taxes cannot increase due to a Mills Act contract, but it is possible that they would not decrease. Proposed code changes – Historic Preservation Commission Proposed amendments to Chapter 2.42 seek to clarify the purpose and authorization of the Historic Preservation Commission to assist the commission, the city staff who work with the commission and the public better understand all matters with which the commission is concerned. For example, the draft ordinance removes references to hiring staff and maintaining the deleted survey, while also clarifying that the role of the commission is to advise the City Council on historic resources, increase public engagement in preservation programs, and review project impacts on historic resources. In addition to the code changes, staff oversight of the commission will be transferring from the Library & Cultural Arts Department to the Community Development Department. Since most of the Commission’s roles and responsibilities affect property and structures, it seemed more appropriate to have the department most responsible for land use assist the commission. Also, this transfer is consistent with how most other cities manage their respective historic committees or commissions. This move will become effective at the commission’s next scheduled meeting following adoption of the proposed code amendments (with a target date of January 2023). If approved, staff will return to City Council with a resolution to amend the Master Fee Schedule by including cost recovery-based fees, as identified in the proposed ordinance, which will help cover the costs of the historic preservation program, including implementation of the Mills Act. Additional (optional) benefits and incentives – needing City Council direction Staff and the Historic Preservation Commission also reviewed and considered other ways to incentivize Mills Act program participation and/or help support local historic preservation efforts. The discussion focused on the following: 1. Expanded use of a historic property to allow more home-based business activity 2. Development standard flexibility such as parking and setbacks 3. Official recognition or awards by the Commission 4. Façade preservation easements for possible tax incentive Exhibit 5 provides a brief outline of the additional – and optional – benefits and incentives. Oct. 18, 2022 Item #8 Page 4 of 48 The commission recommended that the City Council direct staff to further investigate these additional measures. Should the City Council provide this direction, staff will work with, and receive recommendations from the commission prior to returning to the City Council. Commission review The Commission conducted a public hearing on Sept. 12, 2022, and unanimously (3-0-2, with Commissioners Schreibman and Jacobs absent) recommended the City Council approve the code amendments. (Exhibit 1.) At that meeting, the commission also unanimously recommended that the City Council consider initiating a study to evaluate the feasibility of other preservation benefits and incentives (Exhibit 5). The draft meeting minutes are attached as Exhibit 4. One public comment was submitted to the city. The speaker wanted to clarify that historic preservation was a voluntary program. Options Staff recommend the City Council adopt the proposed ordinance modifying Carlsbad Municipal Code Chapter 2.42 and Title 22 to improve the Historic Preservation Ordinance. There are no noted drawbacks to this action. However, the City Council could choose instead to reject the recommended changes and continue operating under the current code allowances. The drawback to this option is that the city would not be able to offer any historic benefits or incentives. Fiscal Analysis The existing fiscal year 2022-23 budget includes sufficient funding for the cost of amending Carlsbad Municipal Code chapters 2.42 and Title 22. Delcamp Preservation & Planning was contracted by the city in 2021 at a not-to-exceed price of $40,000 to perform these professional services and help develop the Mills Act Program. The city is unable to determine the exact fiscal impact of a local Mills Act program. However, the Mills Act program can greatly reduce the assessed value of historic properties and thereby reduce the owner’s property taxes. In return, the city benefits from the preservation of important historic or cultural resources. Both the City of Carlsbad and the Carlsbad Unified School District receive property tax revenue through the San Diego County Assessor's Office. The exact proportions of tax revenue vary based on the tax assessment district of a specific parcel, but the proportion can be generally estimated at 10-12 percent of the 1-1.1 percent general tax levy for an individual property, as a pro-rata share for the city. So, it is anticipated that the annual tax loss to the city would range from several hundred to $2,000 for each Mills Act property. Each property is unique, so there are no clearly comparable “before” and “after” aggregated tax assessment revenue projections to share. But in general, inflation of real estate prices and the Proposition 13 system under which properties are reassessed to market value only at change of ownership mean that new owners are likely to benefit much more than long-term owners. Some local agencies that have adopted Mills Act programs have set a limit on the total tax losses that can be associated with Mills Act properties. The draft ordinance (Exhibit 1) does not include limits on individual property valuation or on overall program expenditures. City staff and the commission both recommend the City Council’s adoption of the draft ordinance as Oct. 18, 2022 Item #8 Page 5 of 48 presented and, instead, monitor Mills Act enrollment interest over time to determine if there are significant fiscal impacts. Since the Commission and the City Council would ultimately approve any future award of any Mills Act Contracts, the future tax loss of each contract awarded would be disclosed as part of the decision-making process. Direct budget implications in future years would also include staff resources and/or other direct expenses to support the implementation of the Historic Preservation Ordinance and Mills Act. These costs could be offset by Mills Act application fees. City staff have analyzed the work effort required to process applications, conduct inspections (during application review and every five years thereafter), and appropriately track and monitor the status of properties listed in the local register. If the proposed ordinance is adopted, staff will return to the City Council with proposed fees to recover some of the costs of the program. Next Steps The City Clerk’s Office will prepare the ordinance for adoption at the next regular City Council meeting. Once adopted, the City Clerk’s Office will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following its adoption. One component of the staff report’s recommendation is to consider additional – and optional – ways to incentivize Mills Act program participation and/or help support local historic preservation efforts. If so directed, staff will conduct further research on the four optional incentives and return to the Historic Preservation Commission for a recommendation before bringing the incentives back to City Council for consideration. Environmental Evaluation The activity related to the proposed amendment to Chapter 2.42 and Title 22 is categorically exempt from further environmental review in accordance with the California Environmental Quality Act Guidelines Section 15308 - Actions by Regulatory Agencies for Protection of Natural Resources and CEQA Guidelines Section 15331 - Historic Resource Restoration/Rehabilitation because the action is intended to clarify and improve upon current historic preservation policies and programs. On a separate and independent basis, the project also qualifies for the “common sense” exemption, covered by the general rule under CEQA Guidelines Section 15061(b)(3) because it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Public Notification and Outreach On March 14, 2022, the Commission hosted a work session to discuss the framework of the Mills Act program. This in-person meeting was advertised to business groups (i.e., the Carlsbad Village Association Board, North County Economic Development Council, Carlsbad Chamber of Commerce, and Building Industry Association); community groups (the North County Association of Realtors and the Carlsbad Historical Society); and direct mailers to approximately 350 potentially eligible historic properties in the city. Staff also used social media, electronic flyer distribution and other means to reach different user groups and other interested parties. Oct. 18, 2022 Item #8 Page 6 of 48 This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council ordinance 2. Amendments to Chapters 2.42 and Title 22, with revisions highlighted 3. Sept. 12, 2022, Historic Preservation Commission staff report 4. Draft Sep. 12, 2022, Historic Preservation Commission meeting minutes 5. Additional (optional) preservation benefits and incentives 6. Draft informational bulletin on historic preservation Oct. 18, 2022 Item #8 Page 7 of 48 ORDINANCE NO. CS-438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 2, CHAPTER 2.42 HISTORIC PRESERVATION COMMISSION AND TITLE 22 HISTORIC PRESERVATION WHEREAS, in 1985 the City Council adopted Ordinance 9776 amending the Carlsbad Municipal Code by adding Title 22 regarding historic preservation and creating a Historic Preservation Commission for the City of Carlsbad; and WHEREAS, on October 19, 2021, the City Council provided direction to city staff to update the Carlsbad Municipal Code relating to historic preservation and to include provisions adopting a local Mills Act program; and WHEREAS, the Historic Preservation Commission held a public meeting on September 12, 2022, to discuss and consider proposed amendments to the Carlsbad Municipal Code and adopted a resolution recommending the proposed changes to Chapter 2.42 and Title 22; and WHEREAS, the amendments recommended by the Historic Preservation Commission include a comprehensive update to the city's Historic Preservation Ordinance, and the adoption of a local Mills Act program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: SECTION I: The above recitations are true and correct. SECTION II: That Carlsbad Municipal Code Title 2, Chapter 2.42 is amended to read as follows: Sections: 2.42.010 2.42.020 2.42.040 2.42.010 Created. Membership. Duties. Created. Chapter 2.42 HISTORIC PRESERVATION COMMISSION A historic preservation commission of the city is created. 2.42.020 Membership. Membership on the historic preservation commission shall consist of five regular members appointed pursuant to section 2.15.050(8), and one non-voting, ex officio representative from the planning commission. Exhibit 1 Oct. 18, 2022 Item #8 Page 8 of 48 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, and housing commission 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.The designation of historic resources and historic districts; 2.Recommending properties of historical significance for listing in the National Register of Historic Places or the California Register of Historical Resources; 3.Different ways to increase the public’s understanding of and involvement in historic preservation programs including the promotion and dissemination of public information, education, and interpretive programs pertaining to historical areas and sites; 4.Cooperation with local, county, state, and federal governments in pursuit of the objectives of historic preservation; 5.The approval, conditional approval, or denial of preservation benefits and incentives; and 6.Any other matter necessary to identify or protect historical resources. C.The commission shall be responsible for: 1.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; 2.Rendering advice and guidance, upon the request of the property owner or occupant, on any matter related to historic, cultural or architectural resources; 3.As part of the environmental review of development projects affecting historic buildings or structures, as identified in the environmental study, the commission may review and comment upon the adequacy of the environmental document during the public review period under the California Environmental Quality Act or the National Environmental Policy Act. Absent a request for an extension of the public review period, the commission’s failure to comment within the advertised public review period shall indicate that the commission has no comment to make; and 4.Performing any other functions that may be designated by the city council. SECTION III: 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. 22.02.010 Short title. This title shall be known as the “Historic Preservation Ordinance.” 22.02.020 Purpose and intent. It is the intent and purpose of this title to: Oct. 18, 2022 Item #8 Page 9 of 48 A. Provide a means to promote, preserve, protect, and enhance historic properties that represent 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 properties; C. Promote the use of Historic Resources, Historic Landmarks, and Historic Districts for the education, pleasure, and welfare of the people of the city; and D. To provide preservation benefits or incentives to property owners who voluntarily wish to preserve any structures, buildings, sites, artifacts, or landscape features, or portions thereof with historic authenticity, integrity, value, and/or importance. 22.02.030 Boundaries and areas of application. This title shall apply to all real property, publicly and privately owned, within the corporate limits of the city. 22.02.040 Definitions. For the purpose of this title, the following words and phrases shall have the following meanings: “Alteration” means any change or modification, through public or private action, of any nominated historic resource 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 doors, windows, paint color, surface materials and texture, grading, surface paving, addition of 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. “Character-defining feature” means all those visual aspects and physical features that comprise the historical appearance and significance of the property including overall building shape; architectural elements embodying style; design; craftsmanship; decorative details; proportions; general arrangement and components of all surfaces including the kind, color or texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to the building and/or property; and includes interior visual aspects and physical features that are specifically stated as included in the property’s historic designation. “Commission” means the historic preservation commission. “Contributing resource” shall mean a building, structure, site, artifact, or landscape feature, or portion thereof, which by location, design, setting, materials, workmanship, feeling, or association adds to the sense of authenticity, integrity, value, and/or importance of an historical district. "Demolition" shall mean the dismantling, razing, wrecking, or destruction in whole or in part of an Improvement. “Director” means the community development director, or designee. “Historic district” means a geographic area which possesses a significant concentration, linkage, or continuity of improvements united historically, culturally, or architecturally by plan, history, or physical development and which has been designated a historic district pursuant to the provisions of this Title. “Historic landmark” means any historic resource which meets the designation criteria for a historic landmark and has been designated a historic landmark pursuant to the provisions of this Title. “Historic resource” means an improvement which has been determined to meet the eligibility criteria for historic resources and has been designated a historic resource by the city council pursuant to the provisions of this Title. Historic resources include local historic landmarks, contributing resources to a historic district, and qualified historical properties. “Historical property contract” means a contract between the city and the owner of a qualified historical property, which meets the requirements of California Government Code Sections 50280-50290 and the applicable provisions of this Title. The terms “historical property contract” and “Mills Act contract” are used interchangeably throughout this Title. “Improvement” means any building, structure, site, artifact, or landscape feature, or portion thereof constituting a physical betterment of real property, or any part thereof. Oct. 18, 2022 Item #8 Page 10 of 48 “Mills Act” means the historic preservation incentive codified in California Government Code Sections 50280- 50290 and California Revenue and Taxation Code Sections 439-439.4, as it exists now or as it may be amended. “Nominated Historic Resource” means a resource nominated for placement in the City of Carlsbad Historic Resource Register as provided for in this Title. “Non-contributing resource” means all resources a City of Carlsbad historic district that are not designated as contributing resources. “Ordinary maintenance and repair” means construction, work or modification of real property, for which a building permit is not required by this code, and where the purpose and effect of such construction, work or modification is to correct deterioration or damage to a building, structure, site, artifact or landscape feature, or portion thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such change, deterioration, damage, destruction, or adverse effect. “Preservation” means the act or process of applying measures to sustain the existing form, integrity, or materials of a historic resource. It may include stabilization work, as well as ordinary maintenance and repair. “Professional qualification standards” means the United States Secretary of the Interior’s Professional Qualification Standards which include the minimum education and experience required in several disciplines to perform identification, evaluation, registration, and treatment activities for archaeological and historic properties, as provided by Part 61 of Title 36 of the Code of Federal Regulations. “Qualified historical property” shall have the same meaning as defined in Government Code Section 50280.1 as it now exists or as it may be amended. “Reconstruction” means the act or process of reproduction through construction of the exact form and detail of a vanished building, structure, site, artifact, or landscape feature, or portion thereof, for the purpose of replicating its appearance as it appeared at a specified period of time. “Register” means the City of Carlsbad Historic Resource Register. The local register is an inventory of improvements designated by the city council as historic resources. “Rehabilitation” means the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or character-defining features of the property which are significant to its historical, cultural or architectural authenticity, integrity, value, and/or importance. “Restoration” means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. “Secretary of the Interior’s Standards” means the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. The Standards for the Treatment of Historic Properties are codified at Part 68 of Title 36 of the Code of Federal Regulations, as it exists now as it may be amended. SECTION IV: That Carlsbad Municipal Code Title 22, Chapter 22.06 is amended to read as follows: Chapter 22.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS Sections: 22.06.010 Establishment of City of Carlsbad historic resource register 22.06.020 Historic resource and historic landmark designation criteria 22.06.030 Historic district designation criteria 22.06.040 Historic resource and historic landmark designation procedures. Oct. 18, 2022 Item #8 Page 11 of 48 22.06.050 Historic district designation procedures. 22.06.060 Historic resource and historic district de-designation procedures. 22.06.010 Establishment of City of Carlsbad historic resource register Resolutions adopting designations of historic resources and historic districts shall collectively be known as the City of Carlsbad Historic Resource Register. The list of historic resources in the local register will be kept on file with the City Clerk’s Office. 22.06.020 Historic resource and historic landmark designation criteria A. Any Improvement may be designated as a Historic Resource if, upon recommendation of the commission, it is found by the city council to meet the following criteria: 1. The property owner consents to the proposed designation; 2. The Improvement must be at least 50 years old, or have achieved significance within the past 50 years, and exhibit one or more of the following attributes: a. It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the historic, cultural or architectural heritage of California or the United States; or b. It is associated with the lives of persons important to local, California, or United States history; or c. It embodies distinctive characteristics of a region, style, type, period or method of construction, or is representative of a notable work of an acclaimed builder, engineer, designer or architect that embodies significant structural, engineering, or architectural achievement; or d. It has yielded or has the potential of yielding information important to the prehistory or history of the local area, California or the United States. For any Improvement less than fifty years old, “achieved significance” means it is of enduring importance within the appropriate historical cultural or architectural context and it can be demonstrated that sufficient time has passed to understand its authenticity, integrity, value, and/or importance. 3. The Improvement retains enough of its historic, cultural or architectural character or appearance to be recognizable as a Historic Resource and to convey the reasons for its significance. B. Designation of a Historic Landmark. The commission may recommend to city council that a historic resource also be recognized as a historic landmark. The purpose of identifying a historic resource as historical landmark is to provide distinctive recognition of Improvements that have outstanding character or historical, cultural or architectural interest or importance as part of the city’s cultural, social, economic, political and architectural history. 22.06.030 Historic district designation criteria A. Any finite and contiguous grouping of improvements that relate to one another may be designated as a historic district if, upon recommendation by the commission, it is found by the city council to meet the following criteria: 1. Its designation is consented to by all property owners within the proposed historic district; 2. It is a geographically definable area with a concentration of contributing resources linked historically, culturally, or architecturally through location, design, setting, materials, workmanship, feeling and/or association, in which the collective value of the Improvements may be greater than the value of each individual Improvement; and 3. At least fifty percent of the contributing resources within the proposed historic district are already designated as historic resources, or otherwise determined by the commission and city council to be eligible for placement in the local register. B. Contributing resources share a time period in which most of the original construction occurred or there is some other shared historical, cultural or architectural period of context or significance. Oct. 18, 2022 Item #8 Page 12 of 48 C. The City Council may, by resolution or council policy, establish additional criteria for the historic identification, protection, retention, and preservation of a district; designation thereof; and for reviewing proposed work on contributing resources and non-contributing resources within the district. 22.06.040 Historic resource and historic landmark designation procedures. Historic resources, including historic landmarks, shall be designated by the city council in the following manner: A. A property owner may request an improvement be designated as a historic resource by submitting a written request for such designation to the commission. The commission, or city council may also initiate such proceedings by motion. B. Any such request shall be filed with the planning division upon prescribed forms and shall include the following information: 1. Name and address of property owner(s) and assessor’s parcel number and address of site; 2. Description of the proposed historic resource, including special aesthetic, cultural, architectural, or engineering interest or value of a historic nature, including information about the architecture, notable features, construction, and other information indicating the historic significance of the proposed historic resource; 3. Sketches, photographs, or drawings (old and/or recent) depicting the improvement as part of the city’s cultural, social, economic, political and architectural history; 4. Statement of condition of improvements; 5. Explanation of any known threats to the improvements on the site; 6. Additional information: a. Site plan in appropriate scale; b. Legal description of the property; c. Photographs, old and recent; d. Proposed use; e. Existing zoning; f. Bibliography and references, and other print materials regarding the historical significance of the proposed historic resource; g. Chain of title, if available; 7. An application fee may be required if so specified in the City of Carlsbad Master Fee Schedule. 8. Other information requested by the planning division. C. Within 90 calendar days of receipt of a completed application, the commission shall hold a public hearing to review the application to designate a historic resource. D. Notice of the public hearing shall be given as provided in Section 21.54.060(A)(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 nominated historic resource 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. An application to designate any improvement that is already listed in the National Register of Historic Places or the California Register of Historic Places shall be presented directly to the city council. A public hearing by the commission is not required. F. Upon receipt of an application for historic designation, the director shall notify the building official of the pending application. For a period of 90 calendar days beginning upon the date the notice of hearing is deposited in the mail, the property owner and/or any authorized representative of the property for which a historic designation application is pending shall be prohibited from undertaking any alteration, construction, grading, demolition or removal of the nominated historic resource, except ordinary repair and maintenance, and no permit to undertake such work shall be issued by the city. Oct. 18, 2022 Item #8 Page 13 of 48 If no final action has been taken as to the historic resource designation within the 90-day period, these restrictions shall expire unless the commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic resource designation. If the commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the director shall notify the appropriate city officials of said restrictions. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the commission. The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date that the property owner filed the historic resource designation application with the city, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with this Code. G. 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 historic resource criteria, the process shall terminate and the commission shall notify the applicant of such termination in writing within 10 days of the commission’s determination. If the commission determines that the resource warrants historic resource designation and the property owner has consented to same in writing, then the commission shall submit a written recommendation to the city council incorporating its reasons in support of the proposed designation. A site shall not be designated a historic resource without the property owner’s consent. H. The city council shall hold a public hearing on the proposed historic resource designation within 60 calendar days of the receipt of the recommendation from the commission. I. 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 resource. The city council may also designate a historic resource as a historic landmark, as provided in Section 22.06.020(B). Written notice of the city council action shall be mailed to the property owner. J. The resolution designating a historic resource shall be recorded with the County Recorder in accordance with Public Resources Code Section 5029 and Government Code Section 27288.2. A property approved for listing in the local register shall not be considered designated until the City Clerk has submitted the resolution to the County and the County has recorded the designation. Property owner(s) shall be responsible for any fees required to record a historic designation. 22.06.050 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 resource, except as otherwise provided in this section. B. A property owner within a proposed historic district may submit an application for designation of a historic district. Such application shall be made in writing, 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, assessor’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 historic nature, and a listing of all parcels of land within the boundaries of the proposed district, labeled as a potential Contributing Resource or Non-Contributing Resource. 3. Signatures of all property owners within the proposed historic district consenting to the historic district. 4. Bibliography and references, and other print materials regarding the historical significance of the proposed historic district; 5. Sketches, photographs or drawings (old and/or recent) depicting the proposed district, or parts thereof, as part of the city’s cultural, social, economic, political and architectural history; 6. Statement of condition of improvements within the proposed district; 7. Explanation of any known threats to any improvements within the proposed district; Oct. 18, 2022 Item #8 Page 14 of 48 8. An application fee may be required if so specified in the City of Carlsbad Master Fee Schedule. 9. Other information requested by the planning division. C. An application is incomplete and no public hearing shall be scheduled before the commission until the written consent of all of the owners of property within the proposed historic district has been obtained. D. If the commission determines that the area warrants historic district designation, it shall submit a written recommendation to the city council incorporating its reasons in support of the proposed historic district designation. Such recommendation shall include a report containing the following information: 1. A map showing the proposed boundaries of the historic district identifying all contributing resources and non-contributing resources within the boundaries; 2. An explanation of the significance of the proposed district and description of the historical, cultural or architectural resources 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 modification to existing development standards necessary or appropriate to the preservation of the proposed historic district. Any recommendations related to zoning may require an amendment to Title 21 and application pursuant to Chapter 21.52 of this Code. E. If the Historic District application is approved by the city council, all contributing resources within the district shall be designated as a historic resource. The resolution designating the historic resource(s) shall be recorded with the County Recorder in accordance with Public Resources Code Section 5029 and Government Code Section 27288.2. A property approved for listing in the local register shall not be considered designated until the City Clerk has submitted the resolution to the County and the County has recorded the designation. Property owner(s) shall be responsible for any fees required to record a historic designation. 22.06.060 Historic resource and historic district de-designation procedures. The procedure for de-designation of a historic resource or historic district from the local Register shall be as follows: 1. Owners of property with a recorded Mills Act contract who voluntarily seek to be deleted from the local Register, shall first follow the procedures and requirements for Mills Act contract cancellations, provided in Chapter 22.10 of this Code. 2. Owners of property without a recorded Mills Act contract may request de-designation from the register, or deletion or modification of a historic district within which their property is located, by submitting an application to the director. A fee, as set forth in the City of Carlsbad Master Fee Schedule, shall accompany each application for de-designation. The fee shall be in an amount reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing and reviewing de-designation applications, including preparation of a historic resource assessment. 3. A historic resource assessment to provide evidence for the de-designation may be requested by the director as part of the application and will be paid for by the applicant. 4. The commission shall consider the de-designation application and historic resource assessment at a public hearing, which shall be noticed in the same manner as public hearings under section 22.06.040 of this Chapter. After the public hearing, the commission shall by resolution make a report and recommendation to the city council. Within 60 calendar days of the commission’s recommendation, the city council shall hold a public hearing to consider the de-designation application. The city council’s action shall state the reasons for the de-designation by resolution. As needed, the director shall propose and process for de-designation from the local Register those historic resources and historic districts which have been changed, deteriorated, damaged, destroyed or adversely Oct. 18, 2022 Item #8 Page 15 of 48 affected to such an extent that, in the director’s opinion, they no longer qualify for placement on the local register. Requests for de-designation by the director shall follow the procedures provided in this section. No fee shall be required. SECTION V: That Carlsbad Municipal Code Title 22, Chapter 22.08 is amended to read as follows: Chapter 22.08 PERMITS AND PERMIT PROCEDURES Sections: 22.08.010 Permits to work on a historic resource. 22.08.020 Permit procedure. 22.08.030 Permit criteria. 22.08.040 Duty to keep in good repair. 22.08.050 Existing improvements. 22.08.060 Enforcement and Penalties 22.08.010 Permits to work on a historic resource. A. It is unlawful for any person to alter, tear down, demolish, construct, remove, or relocate any nominated historic resource, historic resource, or any property located within a historic district without first obtaining a permit from the city as provided by this chapter. An application fee may be required if so specified in the city’s master fee schedule. B. Exceptions. 1. Ordinary maintenance and repair. No permit shall be necessary for ordinary maintenance and repair. 2 Public health and safety. No permit shall be necessary for work on an Improvement when the city’s building division certifies that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified using the California Historical Building Code. 3. Economic hardship. The owner of a historic resource may request to be exempted from the permit requirement and carry out work that may adversely affect the authenticity, integrity, value and/or importance of the historic resource on the basis of extreme financial hardship or adversity. Such request shall be submitted by the property owner and considered by the commission (and city council if appealed) in the same manner as an application described in Section 22.08.020. The director may require the owner to furnish material evidence supporting the request for exemption. C. The permit required by this chapter shall be in addition to any other permit required for a proposed project. 22.08.020 Permit procedure. The permit procedure to alter, tear down, demolish, construct, remove, or relocate any portion of a nominated historic resource, historic resource, or any property located within a historic district is as follows: A. An application for a permit to do work at a historic resource or any property within in a historic district shall be submitted to the development processing division on forms designated by the city planner. B. If the application is for work on a historic resource subject to a historical property contract between the city and the property owner(s), then the City Planner shall review the application to ensure that the proposed Alteration, Demolition, Reconstruction, Rehabilitation or Restorative work is consistent with the terms of the historical property contract, the Secretary of the Interior’s Standards and any local design guidelines or standards adopted for the historic district, if applicable. If the City Planner determines that the application is consistent with those criteria, the application may be approved and a permit may be issued administratively. If the proposed Alteration, Demolition, Reconstruction, Rehabilitation or Restorative work was not listed in the historical property contract approved by city council, or is determined to be inconsistent with the Secretary Oct. 18, 2022 Item #8 Page 16 of 48 of Interior’s Standards or local design guidelines or standards, then the application shall be processed pursuant to subsection C of this section. C. If the historic resource is not subject to a historical property contract between the city and property owner(s), the City Planner shall review the application and provide a recommendation to the commission. Within 60 calendar days from the receipt of such complete application, the commission shall hold a public hearing to review the application and consider the city planner’s recommendation. Notice of the public hearing shall be given as provided in Section 21.54.060(B) of this Code. At the conclusion of the public hearing on the permit application, the commission shall, by resolution, issue or deny, in whole or in part, any permit application. D. The decision of the commission may be appealed to the city council by filing an appeal with the city clerk’s office within 10 calendar days of the date of the commission’s decision. If an appeal is filed, the city council shall hold a public hearing on the application within 30 days of receipt of the appeal. Notice of the public hearing shall be given as provided in Section 21.54.060(B) of this Code. 22.08.030 Permit criteria. A permit for the proposed work shall be issued if, and only if, the decision-maker determines: A. That the proposed work would comply with the Secretary of the Interior’s Standards and not detrimentally deteriorate, damage, destroy, or adversely affect the authenticity, integrity, value, and/or importance of the historic resource; B. That the proposed exterior work will be compatible with the external appearance of existing Improvements on the property or within the Historic District, if applicable; and C. That the proposed work is consistent with the purpose and intent of this Chapter. 22.08.040 Duty to keep in good repair. The owner, occupant or other person legally responsible for a nominated historic resource, historic resource, or any property located within a historic district shall keep in good repair all portions of such historic resource or property within a historic district, including all interior portions and appurtenances thereof whose maintenance is necessary to prevent change, deterioration, damage, destruction, or adverse effect to the authenticity, integrity, value, and/or importance of the resource. 22.08.050 Existing improvements. All maintenance and repairs, alterations, reconstructions, restorations, preservations, or rehabilitations of existing improvements shall conform with the historical property contract, and to the guidelines and requirements of the Secretary of Interior’s Standards, the California Department of Parks and Recreation Office of Historic Preservation and the State Historical Building Code, as applicable. 22.08.060 Enforcement and Penalties Any person who violates any of the provisions of this Title, including by failing to comply with a condition of approval of any permit or preservation benefit or incentive issued under this Title, is guilty of an infraction punishable as provided in Section 1.08.010 of this code, or in the alternative by the administrative code enforcement remedies of Chapter 1.10 of Title 1 of this code. Oct. 18, 2022 Item #8 Page 17 of 48 SECTION VI: That Carlsbad Municipal Code Title 22 is amended to add Chapter 22.10 to read as follows: Chapter 22.10 PRESERVATION BENEFITS AND INCENTIVES Sections: 22.10.020 Historical property contracts 22.10.020 Historical property contracts. A.Owners of qualified historical properties improved with at least one building may receive a potential reduction in property taxes through a historical property contract (Mills Act Contract), pursuant to California Government Code Section 50280 et seq. and California Revenue and Taxation Code Section 439 et seq., collectively "the Mills Act." The purpose of this section is to implement the Mills Act in order to establish a voluntary process to enter into contract with owners of qualified historical properties that have previously been designated as a historic resource for property tax relief and for the preservation of those historic resources. B.Individual properties that are not a qualified historical property at the time of application for a Mills Act Contract may submit an application for the property to be listed in the register simultaneously with the application for a Mills Act contract. The applications will be processed concurrently. C.Applications. Mills Act contract applications may be submitted to the planning division on a form provided by the city planner. All applications shall include: 1.Documentation of status as a qualified historical property or nominated historic resource; 2.A detailed 10-year work plan of proposed preservation, restoration and/or repair prepared by, or with the concurrence of, an individual qualified under the applicable professional qualification standards; 3.A description of the property; 4.Property owner(s) affidavit and acknowledgement of the Mills Act mandatory provisions; 5.A completed Mills Act contract notarized and signed by the property owner(s); and 6.All required fee(s), as set by council resolution. D.Procedure. Following receipt of a completed application, the city planner or designee shall review the application materials and schedule the pre-contract approval inspection of the exterior and interior of the subject property with the property owner(s). The purpose of the inspection is to confirm and photo-document the condition of the property and review the proposed work plan of improvements. Failure of a property owner to allow access to the property for purposes of the property inspection shall be grounds for denial of the application. Once the inspection is conducted and the planning division has completed its review of theapplication to develop a recommendation, the planning division shall forward its recommendation on the Mills Act contract to the commission. The commission shall conduct a public hearing to consider the contract terms, including the 10-year work plan, and make a recommendation to city council regarding the approval, conditional approval or denial of the Mills Act contract. E.Following receipt of the commission's recommendation, the city council shall conduct a public hearing and shall either approve, conditionally approve or deny the Mills Act contract. The decision of the city council shall be final. F.No later than 20 calendar days after the city enters a Mills Act contract, the city clerk shall record with the county recorder a copy of the contract, which shall describe the property subject thereto. The city clerk shall notify the property owner(s), the County Tax Assessor's office and the State Office of Historic Preservation of the recorded Mills Act contract. G.Mills Act contract mandatory provisions. All Mills Act contracts shall meet the requirements of Government Code Section 50280 et seq., as it exists now or as may be amended. Oct. 18, 2022 Item #8 Page 18 of 48 H.Notice of Nonrenewal. Either party to a Mills Act contract may file a notice of nonrenewal at any time after entering into the contract. The effect of the notice of nonrenewal shall be as prescribed in Government CodeSection 50282 and Revenue and Taxation Code Section 439.3. I.Cancellation. 1.Cancellation of a Mills Act contract shall be in accordance with the terms of the agreement and Government Code Sections 50284-50286. 2.As an alternative to cancellation of the contract, the city may bring any action in court necessary to enforce the Mills Act contract, including an action to enforce the contract by specific performance or injunction. 3.If the qualified historical property under an active Mills Act contract is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the building official more than 60 percent of the original fabric of the building or structure must be replaced, the Mills Act contract may be cancelled, in accordance with the cancellation provisions of the Mills Act, because the authenticity, integrity, value and/or importance of the building structure will have been destroyed. If the qualified historical property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the city council to frustrate the purpose of the Mills Act contract, then the contract may be cancelled in accordance with the cancellation provisions of the Mills Act. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if a Mills Act contract is cancelled pursuant to this subsection. J.The city manager or designee may adopt written administrative regulations that are consistent with and further the requirements of this Chapter. K.Enforcement. Enforcement of this Chapter and Mills Act contracts shall be as allowed by Government Code Sections 50280 -50290 and as provided by the terms of the Mills Act contract recorded on the property. 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. II II II II II II Oct. 18, 2022 Item #8 Page 19 of 48 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 18th day of October, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney MATT HALL, Mayor FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Oct. 18, 2022 Item #8 Page 20 of 48 Exhibit 2 Proposed Municipal Code Amendments Underline Strikeout Exhibit This project proposes to amend various sections of the Carlsbad Municipal Code, which are shown in order by section number, with strikeout typeface (i.e. strikeout) illustrating deletions and underline typeface (i.e. underline) illustrating new text. 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. 2.42.020 Membership. Membership on the historic preservation commission shall consist of the following: A. Ffive regular members appointed pursuant to section 2.15.050(B), and one non-voting, 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, engineering, geology or a related field. Two members will have an interest in local history and will 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 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 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. 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, and 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: Oct. 18, 2022 Item #8 Page 21 of 48 Exhibit 2 1. Criteria for guidelines to be used in a comprehensive historic survey of properties within the city; 2. The designation of historic resources and historic districts; 2. Recommending properties of historical significance for listing in the National Register of Historic Places or the California Register of Historical 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; 53. Different ways to increase the public’s understanding of and involvement in historic preservation programs including the Participation in and promotion and dissemination of public information, education, and interpretive programs pertaining to historical areas and sites; 64. Cooperation with local, county, state, and federal governments in pursuit of the objectives of historic preservation; and 5. The approval, conditional approval or denial of preservation benefits and incentives; and 76. Any other matter which the commission deems necessary to identify or 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; 42. Rendering advice and guidance, upon the request of the property owner or occupant, on any matter related to historic, cultural or architectural resourcesthe restoration, alteration, decoration, landscaping, or maintenance of any historical area or site; and 3. As part of the environmental review of development projects affecting historic buildings or structures, as identified in the environmental study, the commission may review and comment upon the adequacy of the environmental document during the public review period under the California Environmental Quality Act or the National Environmental Policy Act. Absent a request for an extension of the public review period, the commission’s failure to comment within the advertised public review period shall indicate that the commission has no comment to make; and 45. Performing any other functions that may be designated by the city council. 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. Oct. 18, 2022 Item #8 Page 22 of 48 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 Ordinance.” Compliance with this chapter shall be voluntary. 22.02.020 Purpose and intent. It is the intent and purpose of this title to: A. EffectProvide a means to promote, preserve, protect, and accomplish the protection, enhancement and perpetuation ofenhance historic resourcesproperties that represent 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 resourcesproperties; 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 landmarksHistoric Resources, Historic Landmarks, and Historic Districts for the education, pleasure, and welfare of the people of the city. ; and D. To provide preservation benefits or incentives to property owners who voluntarily wish to preserve any structures, buildings, sites, artifacts, or landscape features, or portions thereof with historic authenticity, integrity, value, and/or importance. 22.02.030 Boundaries and areas of application. This title shall apply to all historic resourcesreal property, publicly and privately owned, within the corporate limits of the city. 22.02.040 Definitions. For the purpose of this chaptertitle, the following words and phrases shall have the following meanings: “Alteration” means any change or modification, through public or private action, of any nominated historic resource 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 doors, windows, paint color and, surface materials and texture, grading, surface paving, addition of 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. Oct. 18, 2022 Item #8 Page 23 of 48 “Character-defining feature” means all those visual aspects and physical features that comprise the historical appearance and significance of the property including overall building shape; architectural elements embodying style; design; craftsmanship; decorative details; proportions; general arrangement and components of all surfaces including the kind, color or texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to the building and/or property; and includes interior visual aspects and physical features that are specifically stated as included in the property’s historic designation. “Commission” means the historic preservation commission established by this title. “Contributing resource” shall mean a building, structure, site, artifact, or landscape feature, or portion thereof, which by location, design, setting, materials, workmanship, feeling, or association adds to the sense of authenticity, integrity, value, and/or importance of an historical district. "Demolition" shall mean the dismantling, razing, wrecking, or destruction in whole or in part of an Improvement. “Director” means the community development director, or designee. “Historic district” means anya geographic 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 possesses a significant concentration, linkage, or continuity of improvements united historically, culturally, or architecturally by plan, history of the city, that , or physical development and which has been designated a historic district pursuant to the provisions of this titleTitle. “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, heritage or history of the city, the State of California, or the nation, and that resource which meets the designation criteria for a historic landmark and has been designated as a historic landmark pursuant to the provisions of this title.Title. “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 both historic landmarks and historic districts. “Historic site” means any parcel or portion of real propertyan improvement which has special character or special historic, cultural, archeological, paleontological, architectural, community or aesthetic value. 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 been determined to meet the eligibility criteria for historic resources inventory or as identified in the environment study, the environment documents shall be referredand has been designated a historic resource by the city council pursuant to the historic preservation commission for review. The commission may review and comment upon the environment documents of the referral. The commission shall comment within the public review time limits established by the California Environmental Quality Act.provisions of this Title. Historic resources include local historic landmarks, contributing resources to a historic district, and qualified historical properties. “Historical property contract” means a contract between the city and the owner of a qualified historical property, which meets the requirements of California Government Code Sections 50280-50290 and the applicable provisions of this Title. The terms “historical property contract” and “Mills Act contract” are used interchangeably throughout this Title. “Improvement” means any building, structure, site, artifact, or landscape feature, or portion thereof constituting a physical betterment of real property, or any part thereof. Oct. 18, 2022 Item #8 Page 24 of 48 “Mills Act” means the historic preservation incentive codified in California Government Code Sections 50280-50290 and California Revenue and Taxation Code Sections 439-439.4, as it exists now or as it may be amended. “Nominated Historic Resource” means a resource nominated for placement in the City of Carlsbad Historic Resource Register as provided for in this Title. “Non-contributing resource” means all resources a City of Carlsbad historic district that are not designated as contributing resources. “Ordinary maintenance and repair” means construction, work or modification of real property, for which a building permit is not required by this code, and where the purpose and effect of such construction, work or modification is to correct deterioration or damage to a building, structure, site, artifact or landscape feature, or portion thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such change, deterioration, damage, destruction, or adverse effect. “Preservation” means the act or process of applying measures to sustain the existing form, integrity, or materials of a historic resource. It may include stabilization work, as well as ordinary maintenance and repair. “Professional qualification standards” means the United States Secretary of the Interior’s Professional Qualification Standards which include the minimum education and experience required in several disciplines to perform identification, evaluation, registration, and treatment activities for archaeological and historic properties, as provided by Part 61 of Title 36 of the Code of Federal Regulations. “Qualified historical property” shall have the same meaning as defined in Government Code Section 50280.1 as it now exists or as it may be amended. “Reconstruction” means the act or process of reproduction through construction of the exact form and detail of a vanished building, structure, site, artifact, or landscape feature, or portion thereof, for the purpose of replicating its appearance as it appeared at a specified period of time. “Register” means the City of Carlsbad Historic Resource Register. The local register is an inventory of improvements designated by the city council as historic resources. “Rehabilitation” means the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or character-defining features of the property which are significant to its historical, cultural or architectural authenticity, integrity, value, and/or importance. “Restoration” means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. “Secretary of the Interior’s Standards” means the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. The Standards for the Treatment of Historic Properties are codified at Part 68 of Title 36 of the Code of Federal Regulations, as it exists now as it may be amended. Oct. 18, 2022 Item #8 Page 25 of 48 Chapter 22.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS Sections: 22.06.010 Establishment of City of Carlsbad historic resources inventory.resource register 22.06.020 Criteria forHistoric resource and historic resources inventory.landmark designation criteria 22.06.030 Historic site and district designation criteria 22.06.040 Historic resource and historic landmark designation procedures. 22.06.040050 Historic district designation procedures. 22.06.060 Historic resource and historic district de-designation procedures. 22.06.010 Establishment of City of Carlsbad historic resource register Resolutions adopting designations of historic resources and historic districts shall collectively be known as the City of Carlsbad Historic Resource Register. The list of historic resources inventory.in the local register will be kept on file with the City Clerk’s Office. The city shall establish and adopt a historic resources inventory. 22.06.020 Criteria for historic resources inventory. A historic Historic resource and historic landmark designation criteria A. Any Improvement may be considered and approveddesignated as a Historic Resource if, upon recommendation of the commission, it is found by the city council for inclusion in the historic resources inventory based onto meet the following criteria: 1. The property owner consents to the proposed designation; 1.2. The Improvement must be at least 50 years old, or have achieved significance within the past 50 years, and exhibit one or more of the following attributes: A. It exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering or architectural history; or a. B. It is identifiedassociated with persons or events that have made a significant incontribution to the broad patterns of local, state or regional history, or the historic, cultural or architectural heritage of California or national historythe United States; or b. C. It is associated with the lives of persons important to local, California, or United States history; or It embodies distinctive characteristics of a region, 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, engineer, designer or architect; or c. D. It is an archaeological, paleontological, botanical, geological, topographical, ecological that embodies significant structural, engineering, or geographical site whicharchitectural achievement; or d. It has yielded or has the potential of yielding information of scientificimportant to the prehistory or history of the local area, California or the United States. For any Improvement less than fifty years old, “achieved significance” means it is of enduring importance within the appropriate historical cultural or architectural context and it can be demonstrated that sufficient time has passed to understand its authenticity, integrity, value; or, and/or importance. Oct. 18, 2022 Item #8 Page 26 of 48 3. E. The Improvement retains enough of its historic, cultural or architectural character or appearance to be recognizable as a Historic Resource and to convey the reasons for its significance. B. Designation of a Historic Landmark. The commission may recommend to city council that a historic resource also be recognized as a historic landmark. The purpose of identifying a historic resource as historical landmark is to provide distinctive recognition of Improvements that have outstanding character or historical, cultural or architectural interest or importance as part of the city’s cultural, social, economic, political and architectural history. 22.06.030 Historic district designation criteria A. Any finite and contiguous grouping of improvements that relate to one another may be designated as a historic district if, upon recommendation by the commission, it is found by the city council to meet the following criteria: 1. Its designation is consented to by all property owners within the proposed historic district; 1.2. It is a geographically definable area with a concentration of buildings, structures, improvements, or objects contributing resources linked historically, culturally, or architecturally through location, design, setting, materials, workmanship, feeling and/or association, in which the collective value of the improvementsImprovements may be greater than the value of each individual improvement. Improvement; and 3. At least fifty percent of the contributing resources within the proposed historic district are already designated as historic resources, or otherwise determined by the commission and city council to be eligible for placement in the local register. B. Contributing resources share a time period in which most of the original construction occurred or there is some other shared historical, cultural or architectural period of context or significance. C. The City Council may, by resolution or council policy, establish additional criteria for the historic identification, protection, retention, and preservation of a district; designation thereof; and for reviewing proposed work on contributing resources and non-contributing resources within the district. 22.06.030040 Historic siteresource and historic landmark designation procedures. Historic sites and resources, including historic landmarks, shall be establisheddesignated by the city council in the following manner: A. Any person, association, or agencyA. A property owner may request the designation of a site, landscape feature, or an improvement be designated as a historic landmarkresource by submitting a written request for such designation to the historic preservation commission. The historic preservation commission, planning. The 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 departmentplanning division upon prescribed forms and shall include the following datainformation: 1. Name and address of property owner(s) and assessor’s parcel number and address of site; 2. Description of the proposed historic site or landmarkresource, including special aesthetic, cultural, archaeological, paleontological, architectural, or engineering interest or value of a historic nature, including information about the architecture, notable features, construction, and other information indicating the historicalhistoric significance of the siteproposed historic resource; 3. Sketches, photographs, or drawings (old and/or recent) depicting the improvement as part of the city’s cultural, social, economic, political and architectural history; Oct. 18, 2022 Item #8 Page 27 of 48 4. Statement of condition of structuresimprovements; 5. Explanation of any known threats to the improvement ofimprovements on the site; 6. Additional information: a. Site plan in appropriate scale; b. Legal description of the property; c. Photographs, old and recent; d. Proposed use; e. Existing zoning; f. Bibliography and references;, and other print materials regarding the historical significance of the proposed historic resource; g. Chain of title, if available; 7. An application fee may be required if so specified in the City of Carlsbad Master Fee Schedule. 8. Other information requested by the planning division. C. Within 4590 calendar days of the date of the requestreceipt of a completed application, the commission shall hold a public hearing to review the landmark application according to the criteria of Section 22.06.020designate a historic resource. D. Notice of the public hearing shall be given as provided in Section 21.54.060(A)(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 propertynominated historic resource 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. EE. An application to designate any improvement that is already listed in the National Register of Historic Places or the California Register of Historic Places shall be presented directly to the city council. A public hearing by the commission is not required. F. Upon receipt of an application for historic designation, the director shall notify the building official of the pending application. For a period of 90 calendar days beginning upon the date the notice of hearing is deposited in the mail, the property owner and/or any authorized representative of the property for which a historic designation application is pending shall be prohibited from undertaking any alteration, construction, grading, demolition or removal of the nominated historic resource, except ordinary repair and maintenance, and no permit to undertake such work shall be issued by the city. If no final action has been taken as to the historic resource designation within the 90-day period, these restrictions shall expire unless the commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic resource designation. If the commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the director shall notify the appropriate city officials of said restrictions. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the commission. The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date that the property owner filed the historic resource designation application with the city, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with this Code. Oct. 18, 2022 Item #8 Page 28 of 48 G. 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 landmarkhistoric resource criteria, the process shall terminate and the commission shall notify the property owner and applicant of such termination in writing within 10 days of the commission’s determination. If the commission determines that the resource warrants historic site or landmarkresource designation and the property owner has consented to same in writing, then the commission shall submit a written recommendation to the city council incorporating 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 required 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 councilA site shall not be designated a historic resource without the property owner’s consent. FH. The city council shall hold a public hearing on the proposed historic resource designation within 3060 calendar days of the receipt of the recommendation forfrom the commission. GI. 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 landmark.resource. The city council may also designate a historic resource as a historic landmark, as provided in Section 22.06.020(B). Written notice of the city council action shall be mailed to the property owner. J. The resolution designating a historic resource shall be recorded with the County Recorder in accordance with Public Resources Code Section 5029 and Government Code Section 27288.2. A property approved for listing in the local register shall not be considered designated until the City Clerk has submitted the resolution to the County and the County has recorded the designation. Property owner(s) shall be responsible for any fees required to record a historic designation. 22.06.040050 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 landmarkresource, except as otherwise provided in this section. B. AnyA property owner within a proposed historic district may submit an application for designation of a historic district. Such application shall be made in writing, 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, assessor’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;historic nature, and a listing of all parcels of land within the boundaries of the proposed district, labeled as a potential Contributing Resource or Non-Contributing Resource. 33. Signatures of all property owners within the proposed historic district consenting to the historic district. 4. Bibliography and references, and other print materials regarding the historical significance of the proposed historic district; 5. Sketches, photographs or drawings (old and/or recent) depicting the proposed district, or parts thereof, as part of the city’s cultural, social, economic, political and architectural history; 46. Statement of condition of structures and improvements within the proposed district; 57. Explanation of any known threats to any cultural resourceimprovements within the proposed district; Oct. 18, 2022 Item #8 Page 29 of 48 68. An application fee may be required if so specified in the City of Carlsbad Master Fee Schedule. 9. Other information requested by the planning division. C. IfAn application is incomplete and no public hearing shall be scheduled before the commission until the written consent of all of the owners of property within the proposed historic district to the proposed designation is nothas been obtained at the time of the historic preservation commission hearing, the process shall terminate 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 written recommendation to the city council incorporating its reasons in support of the proposed historic district 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 structurescontributing resources and non-contributing resources within the boundaries; 2. An explanation of the significance of the proposed district and description of the historical, cultural or architectural resources 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 modification to existing development standards necessary or appropriate to the preservation of the proposed historic district. Any recommendations related to zoning may require an amendment to Title 21 and application pursuant to Chapter 21.52 of this Code. E. If the Historic District application is approved by the city council, all contributing resources within the district shall be designated as a historic resource. The resolution designating the historic resource(s) shall be recorded with the County Recorder in accordance with Public Resources Code Section 5029 and Government Code Section 27288.2. A property approved for listing in the local register shall not be considered designated until the City Clerk has submitted the resolution to the County and the County has recorded the designation. Property owner(s) shall be responsible for any fees required to record a historic designation. 22.06.060 Historic resource and historic district de-designation procedures. The procedure for de-designation of a historic resource or historic district from the local Register shall be as follows: 1. Owners of property with a recorded Mills Act contract who voluntarily seek to be deleted from the local Register, shall first follow the procedures and requirements for Mills Act contract cancellations, provided in Chapter 22.10 of this Code. 2. Owners of property without a recorded Mills Act contract may request de-designation from the register, or deletion or modification of a historic district within which their property is located, by submitting an application to the director. A fee, as set forth in the City of Carlsbad Master Fee Schedule, shall accompany each application for de-designation. The fee shall be in an amount reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing and reviewing de-designation applications, including preparation of a historic resource assessment. 3. A historic resource assessment to provide evidence for the de-designation may be requested by the director as part of the application and will be paid for by the applicant. 4. The commission shall consider the de-designation application and historic resource assessment at a public hearing, which shall be noticed in the same manner as public hearings Oct. 18, 2022 Item #8 Page 30 of 48 under section 22.06.040 of this Chapter. After the public hearing, the commission shall by resolution make a report and recommendation to the city council. Within 60 calendar days of the commission’s recommendation, the city council shall hold a public hearing to consider the de-designation application. The city council’s action shall state the reasons for the de- designation by resolution. As needed, the director shall propose and process for de-designation from the local Register those historic resources and historic districts which have been changed, deteriorated, damaged, destroyed or adversely affected to such an extent that, in the director’s opinion, they no longer qualify for placement on the local register. Requests for de-designation by the director shall follow the procedures provided in this section. No fee shall be required. Oct. 18, 2022 Item #8 Page 31 of 48 Chapter 22.08 PERMITS AND PERMIT PROCEDURES Sections: 22.08.010 Permits to work on a historic resource, historic landmark or historic district. 22.08.020 Permit procedure. 22.08.030 Permit criteria. 22.08.040 Duty to keep in good repair. 22.08.050 Existing improvements. 22.08.060 Enforcement and Penalties 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 improvementnominated historic resource, historic resource, or any portion thereof which has been designated a historic site or landmark, or which liesproperty located within a historic district, without first obtaining a permit from the city building department.as provided by this chapter. An application fee may be required if so specified in the city’s master fee schedule. B. Exceptions. 1. Ordinary maintenance and repair. 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 construction, reconstruction, alteration, restoration, demolition or removal of any such feature. 2 Public health and safety. No permit shall be necessary for work on an Improvement when the city’s building departmentdivision certifies to the council that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use ofusing the California Historical Building Code. 3. Economic hardship. The owner of a historic resource may request to be exempted from the permit requirement and carry out work that may adversely affect the authenticity, integrity, value and/or importance of the historic resource on the basis of extreme financial hardship or adversity. Such request shall be submitted by the property owner and considered by the commission (and city council if appealed) in the same manner as an application described in Section 22.08.020. The director may require the owner to furnish material evidence supporting the request for exemption. C. The permit required by this chapter shall be in addition to any other permit required for a proposed project. 22.08.020 Permit procedure. The permit procedure for work on historic resources to alter, tear down, demolish, construct, remove, or relocate any portion of a nominated historic resource, historic resource, or any property located within a historic district is as follows: A. A. An application for a permit to do work at a historic site, resource or any property within in a historic district, or on a historical landmark shall be submitted to the development processing division on forms designated by the city planner. B. If the application is for work on a historic resource subject to a historical property contract between the city and the property owner(s), then the City Planner shall review the application to ensure that the proposed Alteration, Demolition, Reconstruction, Rehabilitation or Restorative work is consistent with Oct. 18, 2022 Item #8 Page 32 of 48 the terms of the historical property contract, the Secretary of the Interior’s Standards and any local design guidelines or standards adopted for the historic district, if applicable. If the City Planner determines that the application is consistent with those criteria, the application may be approved and a permit may be issued administratively. If the proposed Alteration, Demolition, Reconstruction, Rehabilitation or Restorative work was not listed in the historical property contract approved by city council, or is determined to be inconsistent with the Secretary of Interior’s Standards or local design guidelines or standards, then the application shall be processed pursuant to subsection C of this section. If the historic resource is not subject to a historical property contract between the city and property owner(s), the City Planner shall review the application and provide a recommendation to the commission. Within 3060 calendar 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 , the commission shall hold a public hearing onto review the application within 30 days of receipt ofand consider the commission reportcity planner’s recommendation. Notice of the public hearing shall be given as provided in Section 21.54.060(b) of this code. A.C. B. ) of this Code. At the conclusion of the public hearing on the permit application, the city councilcommission 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 located within a historic district 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) D. The decision of the commission may be appealed to the city council by filing an appeal with the city clerk’s office within 10 calendar days of the date of the commission’s decision. If an appeal is filed, the city council shall hold a public hearing on the application within 30 days of receipt of the appeal. Notice of the public hearing shall be given as provided in Section 21.54.060(B) of this Code. 22.08.030 Permit criteria. The city council shall issue aA permit for anythe proposed work shall be issued if, and only if, itthe decision- maker determines: A. In the case of a designated historical site, that A. That the proposed work would comply with the Secretary of the Interior’s Standards and not detrimentally alterdeteriorate, damage, destroy, or adversely affect any archeological, paleontological, the authenticity, integrity, value, and/or landscape feature;importance of the historic resource; B. That anythe proposed exterior improvements will not adversely affect andwork will be compatible with the external appearance of existing designated improvements, building and structuresImprovements on said site;the property or within the Historic District, if applicable; and C. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the city council that such disapproval will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work, whether this be the property owner, tenant or resident, or because of conditions peculiar to the particular improvement, building or structure or other feature involved, and that approval of the application will be consistent with the purposes of this chapter.C. That the proposed work is consistent with the purpose and intent of this Chapter. 22.08.040 Duty to keep in good repair. The owner, occupant or other person legally responsible for a nominated historic resource, historic resource, or any property located within a historic district shall keep in good repair all portions of such historic site, landmark, or district as specified in the designating ordinanceresource or permit andproperty within a historic district, including all interior portions and appurtenances thereof whose maintenance is Oct. 18, 2022 Item #8 Page 33 of 48 necessary to prevent change, deterioration and decay, damage, destruction, or adverse effect to the authenticity, integrity, value, and/or importance 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. 22.08.050 Existing improvements. All maintenance and repairs, alterations, reconstructions, restorations, preservations, or changes in use rehabilitations of existing improvements shall conform with the historical property contract, and to the guidelines and requirements of the Secretary of Interior’s Standards, the California Department of Parks and Recreation Office of Historic Preservation and the State Historical Building Code, as applicable. 22.08.060 Enforcement and Penalties Any person who violates any of the provisions of this Title, including by failing to comply with a condition of approval of any permit or preservation benefit or incentive issued under this Title, is guilty of an infraction punishable as provided in Section 1.08.010 of this code, or in the alternative by the administrative code enforcement remedies of Chapter 1.10 of Title 1 of this code. Oct. 18, 2022 Item #8 Page 34 of 48 Chapter 22.10 PRESERVATION BENEFITS AND INCENTIVES Sections: 22.10.010 State Historical Building Code 22.10.020 Historical property contracts 22.10.030 State Historical Building Code 22.10.010 State Historical Building Code California Historical Building Code. The 2019 California Historical Building Code, Title 24, Part 8, hereinafter referred to as the California Historical Building Code is hereby adopted by reference as the alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as historic resources. The building official shall use the California Historical Building for projects involving historic resources. 22.10.020 Historical property contracts. A. Owners of qualified historical properties improved with at least one building may receive a potential reduction in property taxes through a historical property contract (Mills Act Contract), pursuant to California Government Code Section 50280 et seq. and California Revenue and Taxation Code Section 439 et seq., collectively “the Mills Act.” The purpose of this section is to implement the Mills Act in order to establish a voluntary process to enter into contract with owners of qualified historical properties that have previously been designated as a historic resource for property tax relief and for the preservation of those historic resources. B. Individual properties that are not a qualified historical property at the time of application for a Mills Act Contract may submit an application for the property to be listed in the register simultaneously with the application for a Mills Act contract. The applications will be processed concurrently. C. Applications. Mills Act contract applications may be submitted to the planning division on a form provided by the city planner. All applications shall include: 1. Documentation of status as a qualified historical property or nominated historic resource; 2. A detailed 10-year work plan of proposed preservation, restoration and/or repair prepared by, or with the concurrence of, an individual qualified under the applicable professional qualification standards; 3. A description of the property; 4. Property owner(s) affidavit and acknowledgement of the Mills Act mandatory provisions; 5. A completed Mills Act contract notarized and signed by the property owner(s); and 6. All required fee(s), as set by council resolution. D. Procedure. Following receipt of a completed application, the city planner or designee shall review the application materials and schedule the pre-contract approval inspection of the exterior and interior of the subject property with the property owner(s). The purpose of the inspection is to confirm and photo-document the condition of the property and review the proposed work plan of improvements. Failure of a property owner to allow access to the property for purposes of the property inspection shall be grounds for denial of the application. Once the inspection is conducted and the planning division has completed its review of the application to develop a recommendation, the planning division shall forward its recommendation on the Mills Act contract to the commission. The commission shall conduct a public hearing to consider the contract terms, including the 10-year work plan, and make a recommendation to city council regarding the approval, conditional approval or denial of the Mills Act contract. Oct. 18, 2022 Item #8 Page 35 of 48 E. Following receipt of the commission’s recommendation, the city council shall conduct a public hearing and shall either approve, conditionally approve or deny the Mills Act contract. The decision of the city council shall be final. F. No later than 20 calendar days after the city enters a Mills Act contract, the city clerk shall record with the county recorder a copy of the contract, which shall describe the property subject thereto. The city clerk shall notify the property owner(s), the County Tax Assessor's office and the State Office of Historic Preservation of the recorded Mills Act contract. G. Mills Act contract mandatory provisions. All Mills Act contracts shall meet the requirements of Government Code Section 50280 et seq., as it exists now or as may be amended. H. Notice of Nonrenewal. Either party to a Mills Act contract may file a notice of nonrenewal at any time after entering into the contract. The effect of the notice of nonrenewal shall be as prescribed in Government Code Section 50282 and Revenue and Taxation Code Section 439.3. I. Cancellation. 1. Cancellation of a Mills Act contract shall be in accordance with the terms of the agreement and Government Code Sections 50284-50286. 2. As an alternative to cancellation of the contract, the city may bring any action in court necessary to enforce the Mills Act contract, including an action to enforce the contract by specific performance or injunction. 3. If the qualified historical property under an active Mills Act contract is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the building official more than 60 percent of the original fabric of the building or structure must be replaced, the Mills Act contract may be cancelled, in accordance with the cancellation provisions of the Mills Act, because the authenticity, integrity, value and/or importance of the building structure will have been destroyed. If the qualified historical property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the city council to frustrate the purpose of the Mills Act contract, then the contract may be cancelled in accordance with the cancellation provisions of the Mills Act. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if a Mills Act contract is cancelled pursuant to this subsection. J. The city manager or designee may adopt written administrative regulations that are consistent with and further the requirements of this Chapter. K. Enforcement. Enforcement of this Chapter and Mills Act contracts shall be as allowed by Government Code Sections 50280 - 50290 and as provided by the terms of the Mills Act contract recorded on the property. Oct. 18, 2022 Item #8 Page 36 of 48 Exhibit 3 Sept. 12, 2022, Historic Preservation Staff Report (on file in the Office of the City Clerk) Oct. 18, 2022 Item #8 Page 37 of 48 MEETING OF: HISTORIC PRESERVATION COMMISSION MEETING DATE OF MEETING: Sept. 12, 2022 PLACE OF MEETING: City Council Chamber 1200 Carlsbad Village Drive, Carlsbad, CA 92008 CALL TO ORDER: 6:00 p.m. ROLL CALL: Chair Majer, Vice-Chair Díaz, Commissioner Ly, Ex-Officio Planning Commissioner Lafferty (Schreibman, Jacobs – Absent) STAFF PRESENT: Sheila Crosby, Deputy Library Director Hugh Barker, Senior Office Specialist APPROVAL OF THE MINUTES: Minutes of the Historic Preservation Commission regular meeting held March 14, 2022. Motion by Commissioner Ly, seconded by Vice-Chair Díaz to approve the minutes as presented. Motion carried, 3/0/2/0 (Schreibman, Jacobs – Absent). Minutes of the Historic Preservation Commission regular meeting held May 9, 2022. Due to a lack of quorum of who attended the May meeting, the Historic Preservation Commission regular meeting minutes are continued until the next meeting. PUBLIC COMMENT: None. DEPARTMENTAL REPORTS: 1.ELECT CHAIR AND VICE CHAIR: Chad Majer was elected Chair and Raúl Díaz was elected Vice-Chair, 3/0/2/0 (Schreibman, Jacobs – Absent.) 2.AMENDMENTS TO THE CITY’S HISTORIC PRESERVATION REGULATIONS, INCLUDING THE ESTABLISHMENT OF A LOCAL MILLS ACT PROGRAM (MCA2022-0003): Assistant Community Development Director Mike Strong and Project Manager for Delcamp Preservation & Planning, Teri Delcamp, presented amendments to the Carlsbad Municipal Code Chapter 2.42 and Title 22 to amend the city’s historic preservation ordinance and establish a local Mills Act Program. Motion by Vice-Chair Diaz, Seconded by Commissioner Ly, to adopt the resolution, 3/0/2/0 (Schreibman, Jacobs – Absent.) Exhibit 4 Oct. 18, 2022 Item #8 Page 38 of 48 HISTORIC PRESERVATION COMMISSION Minutes Sept. 12, 2022 Historic Preservation Commission Regular Meeting Page 2 The commission voted to request a staff study be made for four additional optional regulatory and non-regulatory incentives, 3/0/2/0, (Schreibman, Jacobs – Absent.) 3. NOVEMBER MEETING SCHEDULE: The commission voted to hold a special meeting on Wednesday Nov. 9 at 6 p.m. and cancel the regular Monday Nov. 14 meeting, 3/0/2/0 (Schreibman, Jacobs – Absent.) GROWTH MANAGEMENT ADVISORY COMMITTEE UPDATE: None. CARLSBAD VILLAGE BARRIO DESIGN REVIEW COMMITTEE UPDATE: Commissioner Díaz said the committee explained the different aspects and styles the committee is studying. The committee also expressed interest in the city’s resolution to incentivize historic properties. LIAISON TO THE CARLSBAD HISTORICAL SOCIETY: None. COMMISSION LIAISON ANNOUNCEMENTS: Liaison Crosby reported on two items: the Third Grade Art on display at the Georgina Cole Library during the summer is being returned to the artists, and invitations will be going out soon to commission members for the Boards and Commissions Appreciation event at Leo Carrillo Ranch Historic Park scheduled on Tuesday, Oct. 25, at 5:30 p.m. COMMISSIONER COMMENTS: None. ADJOURNMENT: Chair Majer adjourned the meeting at 7:17 p.m. ______________________________ Hugh Barker Senior Office Specialist Oct. 18, 2022 Item #8 Page 39 of 48 Exhibit 5 Additional (Optional) Benefits and Incentives Upon City Council direction, staff could conduct further evaluation of the following additional (optional) benefits for future council consideration. The following potential incentives have not been evaluated by the City Attorney’s Office. 1. Expanded Use. 1. A designated historic resource that is listed in the Register with an active Mills Act Contract may operate a home occupation, subject to Section 21.10.040 of Title 21, excepting that such a bona fide home occupation shall allow on-premises employees and customers. No more than two non- residents who commute to the home for work may be continuously employed at any one time on the site, except where specifically permitted by law. No more than eight clients or customers shall be on the premises in any one day. Each and every one of the other standards and conditions listed in Section 21.10.040 must be observed at all times by the holder of a home occupation permit pursuant to this title. 2. A Designated Historic Resource home occupation shall continue to comply with the Secretary of the Interior’s Standards, all of the codes adopted by reference (including but not limited to the State Historical Building Code, Uniform Plumbing Code, Uniform Fire Code, etc.), and shall require ADA clearances as determined necessary by the Building Official. 3. Approval of an expanded home occupation permit under this section requires the application and approval of a Historical Use Permit, issued by the Commission. 2. Development Standard Flexibility. Designated historic resources listed in the Register are allowed to deviate from the following development standards, so long as the improvements are designed by an individual meeting the applicable Professional Qualification Standards, and the improvements are consistent with the Secretary of the Interior’s Standards, as well as the State Historical Building Code if applicable. Approval of a development standard waiver under this section requires the application and approval of a Historical Use Permit, issued administratively by the Planning Division. 1. Parking Standards. a. Residential historic resources may add additional floor area and bedrooms without providing additional parking provided that such additions do not exceed more than 50 percent of the original square footage of the structure and that at least two covered parking spaces are provided on-site. This incentive is not available when accessory dwelling units or junior accessory dwelling units are proposed. b. Non-residential historic resources with limited off-street parking may be granted a waiver to allow a reduction in off-street parking requirements to a maximum of 50 percent of the code requirement when supported by a parking study or other documentation to the satisfaction of Oct. 18, 2022 Item #8 Page 40 of 48 the City Planner that demonstrates the use will not adversely affect parking availability to surrounding properties. c. Non-residential historic resources may add up to 15 percent of the existing floor area, not to exceed 500 square feet, without providing additional off-street parking and without bringing any existing nonconformity into compliance with the current zoning regulations, subject to review and approval by the Director. The addition must be removed if the Historic Resource is demolished or substantially replaced. d. The Director may establish a parking in-lieu fee for the adaptive re-use of non-residential Designated Historic Resources that have no or limited off-street parking. 2. Setbacks. a. Additions to historic resources shall be allowed to maintain legal non-conforming front, side and rear yard setbacks up to the line of existing encroachment, provided that all setbacks as required by the Uniform Building Code, unless modified by the State Historical Building Code, and the Fire Code is maintained. 3. Preservation Easements. Preservation easements on the facades of buildings designated as a Designated Historic Resource may be acquired by a nonprofit group through purchase, donation, or documentation. 4. Official Recognition/Awards. The Commission may recognize those projects involving designated historic resources that have demonstrated a high level of commitment to maintaining or restoring the historic integrity of the resource. Some historic resources, including historical landmarks or gateway locations, may be identified on-site with an exterior marker displaying pertinent information about the resource. Oct. 18, 2022 Item #8 Page 41 of 48 Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov Historic Preservation IB-161 The City of Carlsbad has a long and rich history with its origins dating back to the late 19th century as a “whistle stop” on the new California Railroad. The city’s namesake dates back to the 1880s when John Frazier, a former sailor, dug a well in the area and sold the water to train passengers. It was found that the fresh water was like that found in some of the most renowned spas in the world, so the town was named after the famed spa in the Bohemian town of Karlsbad. As the area grew over the decades, many of the historical structures and landmarks built in those earlier years still remain. The city recognizes the importance of restoring, preserving, and protecting these older buildings in order to help give people a sense of place and connection with the past. This Info-Bulletin provides an overview of the various incentive programs that are available to owners of these historical structures. Through these programs, we can help protect and maintain the city’s rich cultural history for generations to come. PROGRAM ELIGIBILITY The city’s historic resources code (§22.XX-§22.XX) establishes a voluntary program that incentivizes owners to preserve their historic structures by providing fiscal benefits and relief from certain development standards and taxes. To qualify, the owner of the historic resource must agree to participate in the program, and the historic resource being considered must meet certain requirements, as summarized below. Designated Historic Resources A potential historic resource can be more than just a building or structure; it may be a landmark, site, landscape features, or other object of scientific, aesthetic, educational, cultural, architectural, or historic significance. However, in order for a potential historic resource to be considered a designated “Historic Resource” that is subject to the benefits prescribed under the city’s historic resources code, the property owner must provide reason and justification supporting why the resource should be protected. Documents Referenced CA Mills Act - Contract; §50280 CA Mills Act - Tax Code; §439 Secretary of the Interior’s Standards; website State Historical Building Code; §18950 Informational Bulletin on CEQA; IB-150 Carlsbad Historic Resources Code; §22.01 Land Use Review Application; P-1 Mills Act Application Form; P-XX Mills Act Supplemental Checklist; P-XX Exhibit 6 Oct. 18, 2022 Item #8 Page 42 of 48 {city of Carlsbad Informational Bulletin ■ ■ Page 2 of 7 IB-161_Historic Preservation Incentives_DRAFT Step one in this process is to determine whether the resource meets initial historic qualifications. The property owner must show that the potential historic resource is at least 50 years old and meets at least three of the following criteria: o It is associated with events that contribute to our history; o It identifies with a person or person who significantly contributed to the culture and/or development of the city, state, or nation; o It represents an architectural type/period of known professionals who significantly influenced local, state, or national heritage; or o It yields information important to the prehistory or history of the area. Resources meeting this initial qualification step can then proceed to Step 2: Application Submittal. Under this step, the property owner must file a Carlsbad Historic Resource Registry (Registry) application, along with documentation showing how the resource meets the criteria selected in Step 1 above. Such supporting documentation may include site records and surveys or other similar documented evidence showing the historical importance of the property. Once filed and reviewed by the city’s 3rd party historical consultant, the application and findings are presented before the Historic Preservation Commission (Commission) for consideration. Following their review, the Commission makes a recommendation to the City Council whether the potential historic resource should be included in the Registry. Only those properties included in the Registry are eligible to participate in the historic preservation incentives discussed in this bulletin. Removal from the Register Because this is a voluntary program, property owners may request their property to be removed from the Registry. The Commission and City Council consider the de-designation application. Properties that benefited from any of the incentives listed below shall be forwarded to the Planning Commission for review and action, which may include rescinding any discretionary permits (e.g., allowance for bed and breakfast) and/or require any structures that benefited from reduced zoning standards (e.g., relaxed parking and setback requirements) to be modified to comply with current development standards. HISTORIC PRESERVATION INCENTIVES The city offers a number of incentives designed to encourage property owners to enhance and preserve important historic resources. Bed & Breakfast Establishments Although most residential zones only allow residential use of property, the city code allows owners of historic resources to use the property in a non-traditional way. Specifically, city code (§21.04.046 & §21.42.140) allows some historic resources in some multi-family and mixed-use zones to operate a business that accommodates overnight guests, commonly referred to as a bed & breakfast. Oct. 18, 2022 Item #8 Page 43 of 48 IB-161_Historic Preservation Incentives_DRAFT Page 3 of 7 The specific zones that offer this incentive are Multiple-Family Residential (R-3), Residential Density-Multiple (RD-M), Residential Professional (R- P), Residential Tourist (R-T) and Commercial Tourist (C-T). A discretionary permit (specifically, a Conditional Use Permit, or CUP) is required, which may require conditions be added by the city to ensure compatibility with surrounding properties. For more information on the city’s discretionary permit review process, please see the Community Development Department Permit & Service Delivery Guide. State Historical Building Code This alternative building code seeks to preserve historic buildings by providing equivalent life safety standards for repairs, alterations, and additions to historic buildings. The equivalent measures permitted by the code are more sensitive to the historic conditions of a building than standard building codes, allows flexibility (often resulting in cost savings) in meeting building code requirements for restored and rehabilitated structures. General information about the State Historical Building Code may be found at the California Office of Historic Preservation’s website. Federal Tax Credits The Federal Historic Preservation Tax Incentives program, and the 20% Rehabilitation Tax Credit, is available for buildings that are listed landmarks in the National Register of Historic Places, or that contribute to National Register Historic Districts or certain local historic districts. To qualify, properties must be income-producing (i.e., commercial, industrial, agricultural, or rental residential purposes, but not properties used exclusively as the owner’s private residence) and substantially rehabilitated according to the Secretary of the Interior’s Standards for Rehabilitation. The historic building, the rehabilitation project plans, and the completed project must all be certified by the Secretary of the Interior. The program is jointly administered by the National Park Service and the Internal Revenue Service in partnership with the State Historic Preservation Office. More information about the Federal 20% Rehabilitation Tax Credit may be found at the California Office of Historic Preservation’s website. THE MILLS ACT The Mills Act is often recognized by the state as probably the single most important economic incentive program offered to private property owners for the restoration and preservation of historic buildings, which is why this section provides more attention to this city incentive. Mills Act Origins In 1971, the City of Coronado was pursuing a rezone of the Hotel Del Coronado, which would have had significant property tax implications if approved. In response, State Senator James Mills from San Diego introduced in 1976 the Mills Act legislation, which established an economic incentive program that allows local jurisdictions to enter into contracts with Oct. 18, 2022 Item #8 Page 44 of 48 Page 4 of 7 IB-161_Historic Preservation Incentives_DRAFT property owners who agree to rehabilitate, restore, and maintain their historic property in exchange for a reduction in local property taxes. Since its adoption, local Mills Act programs have helped preserve thousands of historic structures throughout California. The program’s regulatory authority is described under state government code (§50280-50290) as well as the revenue and taxation code (§439-439.4). Carlsbad Mills Act Program – Highlights In 2022, the city established a voluntary Mills Act program (§22.XX). Application processing steps for a Mills Act contract are provided later in this info- bulletin, but some important program highlights are provided below. • According to the County Tax Assessor’s website, properties under a Mills Act contract can experience a reduction in property taxes for most owners of between 40% and 60% compared to what the property tax would be without the Mills Act. • Contract term is for 10 years that automatically renews each year. Financial penalties are imposed for early termination, including a state- mandated penalty fee of 12.5% of the full market value at the time of cancellation. • Only privately-owned properties that meet the definition of a “Qualified Historical Property” (§22.XX) are eligible to apply for a Mills Act contract. • Following submittal, the property will be assessed by the city to determine compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, in particular the Standards and Guidelines for Preservation, Restoration & Rehabilitation. • The contract includes a work plan describing the improvements or modifications required, if any, for preserving, restoring, and rehabilitating the historic property during the term of the contract. Failure to timely complete the work plan may result in cancellation of the contract. • Improvements to the historic property under the work plan must follow the aforementioned Secretary of the Interior’s Standards. • While under contact, the property owner may build an addition to their property, so long as it complies with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Rehabilitation. It should be noted that new construction receives less property tax reduction. Please contact the County Assessor's office for information. • The deadline for owners to apply for a Contract is June 1. This deadline has been set to ensure that contract applications can be approved, executed, and recorded before the County Tax Assessor’s lien date (December 31). • State law requires the city to inspect the property before the contract is approved and recorded, and every five years afterward to ensure contract requirements are being met. Oct. 18, 2022 Item #8 Page 45 of 48 - - IB-161_Historic Preservation Incentives_DRAFT Page 5 of 7 Pre-Application Meeting Owners interested pursuing a Mills Act contract must first contact the Planning Division to schedule a meeting to go over program and application requirements. This mandatory meeting that must occur before a contract application can be submitted. Completed Mills At contract are due to the County Tax Assessor’s Office by November in order for the property tax reductions to take place the next tax year. As such, it is recommended that the pre-application meeting and application submittal occur within January thru March of each year. Refer to the calendar located on next page for a listing of critical deliverable dates. Please note that the City of Carlsbad does not have any role in the eventual valuation of the property under a Mills Act contract. The County Tax Assessor’s office is solely responsible for valuations to determine property tax bills. Property owners are encouraged to contact the County Tax Assessor’s office regarding potential savings under the Mills Act as well as their tax professional prior to filing their application with city. Application Submittal The following is a summary of the submittal requirements required to request a Mills Act contract. All required forms and supplemental requirements need to be submitted by the June 1 deadline before the city will begin processing the Mills Act contract application. Failure to supply timely sufficient information during the processing of the Mills Act application is reasonable grounds for processing delays or the withdrawal or disapproval of the application. • Land Use Review Application (P-1) • Mills Act Contract Application (P-XX) • Mills Act Supplemental Checklist (P-XX) • Verification of historical status from the National Register, California Register or city Register. If not available, a historical report prepared by a qualified professional for a concurrent city historic designation request. A qualified professional is someone who meets one or more of the applicable “Secretary of the Interior’s Historic Preservation Professional Qualification Standards” to the satisfaction of the City Planner. • A proposed 10-year work plan report, which details the preservation, maintenance, repair, restoration, and rehabilitation improvements the owner anticipates completing within the first 10 years of the contract. The work plan shall either be prepared by, or submitted with a statement of concurrence provided by, a qualified professional as referenced in the preceding bullet. • Copy of Title Report, which must be current within the six months prior to application submittal. If the property has changed ownership within those six months, it must be supplemented by a copy of the current deed. Please note that historical reports and work plans can take time to prepare. It is strongly suggested that owners begin the process of hiring these professionals during the year before you intend to apply for the Mills Act. Oct. 18, 2022 Item #8 Page 46 of 48 -- Page 6 of 7 IB-161_Historic Preservation Incentives_DRAFT Critical Dates Calendar Below is an overview of the critical dates that must be met in order to timely process a Mills Act contract application. Application Review Process The following are processing steps the city will likely take during its review of a Mills Act application and supporting documentation. • During review, the city may approximate the amount of reduced property taxes. This is only used to estimate the potential impact on city revenues. Actual tax savings will be determined by the County Tax Assessor. • A site inspection will be conducted to assess the physical condition and historic condition, known as “integrity.” • Once the deemed complete, the application will be scheduled for review (no later than September) followed by a final decision by the City Council (no later than November). • Once City Council approves the contract, the city will execute and forward it to the county for recordation within 20 days after approval. Recordation must occur by December 31 in order for the contract to take effect in the next full property tax year. • Once recorded, the city will notify the property owner, the County Tax Assessor, and the State Office of Historic Preservation. • If all deadlines are met, the property owner will see any property tax reduction in the next full property tax year. Questions about the property tax bill and valuation should be directed to the County Tax Assessor’s office at (619) 531-5002. Contract Monitoring After the Contract is recorded, state law requires the city to monitor the owner’s compliance through inspections. The owner will need to provide a signed affidavit to the city prior to each inspection stating the owner is complying with the terms of the contract and written consent authorizing city staff or designated third party to enter the premises. Inspections occur every five years during the life of the contract. The purpose is to verify that the property owner is maintaining their building per historic standards and is making progress on the contract’s work plan in a timely manner. Contract Nonrenewal or Cancellation Every year on the anniversary date, a Contract is automatically renewed for another year. This means the Contract has a rolling, or perpetual, 10-year term. However, state law provides two ways to end a Mills Act Contract term. • Oct. 18, 2022 Item #8 Page 47 of 48 Latest date pre-application request accepted by city Latest date M ills Act Cont ract application accepted by city Latest date M ills Act Cont ract application deemed complete by city Historic Preservation Com m. makes a recommendation on M ills Act Contract Cit y Council deci des on t he M ills Act Contract Mills Act Contract recorded & Assessor's Office notified for tax roll change IB-161_Historic Preservation Incentives_DRAFT Page 7 of 7 • The first way is that either party to the contract (city or owner) may file a “notice of nonrenewal,” which is recorded with the county and signals the tax assessor to value the property that gradually increases the property valuation while the years left decrease for the remainder of the contract. • The second way is for a local government to cancel the contract. Cancellation could be because of an owner’s breach of the contract terms such as not maintaining and repairing the property or making inappropriate alterations to the property that do not follow required guidelines. Such a cancellation would follow due process through a public hearing, but the city would typically pursue administrative and legal remedies to try to obtain the owner’s compliance before cancelling the contract. Cancellation could also be the result of an owner’s request to cancel the contract, typically for reasons of site development. Unlike nonrenewal, cancellation is immediate and state law requires the owner to pay a penalty fee of 12.5% of the property’s full market value at the time of cancellation. YOUR OPTIONS FOR SERVICE To schedule an appointment or to learn more about the Mills Act Contract process, please contact the Planning Division at (442) 339-2610 or via email at Planning@carlsbadca.gov. Oct. 18, 2022 Item #8 Page 48 of 48 Tammy Cloud-McMinn From: Sent: To: john bgiarchitect.com <john@bgiarchitect.com> Saturday, October 15, 2022 10:02 PM City Clerk All Receive -Agenda Item # 8. For the Information of the: CITY COUNCIL Dateldn/:JJ..cA v-cc _c- ••• SfliO 4 t::n Gt 4 (ii) ........- Subject: October 18th meeting of the city Council to review the City's Historical Preservation Ordinaince M.s Nadine Mireles, I am requesting a rejection of the City's Historical Preservation Ordinance amending the municipal code title 2, Chapter 2.42. It should be categorically denied. Thank you , John Beery A.I.A. Princ i pal Architect BGI Architecture I Beery Group Inc. 2 2 9 2 Far a day Av e nu e, #100 Ca r l sb a d, CA 9200 8 john@bgiarchitect.com ARCH I TECTURE I DES I GN P. 760 -438-2963, Ext 1 2 1 CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Gary <ggpggp@pacbell.net> Sunday, October 16, 2022 7:27 AM City Clerk reneersf@gmail.com Regarding Agenda Item 8 -Update to the City's Historic Preservation Ordinance Amending the Municipal Code Title 2, Chapter 2.42 I strongly oppose the change to the code that is addressed by this item. Personal property rights are enshrined in our constitution and infringements on those rights should be very carefully considered. Depriving a property owner of all otherwise legal uses of their property without due process and solely upon the whim of one individual is an egregious violation of those rights. Removing a property from the regular flow of commerce for the purposes of historic preservation is a serious matter and should not be left to the vagaries of an unaccountable band of busybodies. The idea that one unrelated third party can, with the power of this ordinance, inflict irreparable economic harm upon a property owner is unconscionable. Implement this change to the code at your peril. It is my opinion that you are on very weak legal grounds and subject the city to unnecessary legal expenses. Your actions on this Agenda will most certainly have currency in the upcoming elections. Vote no on Agenda item 8. Gary Pearson CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Greetings, Dustin Wailes <dwailes3@gmail.com> Sunday, October 16, 2022 8:58 AM City Clerk Agenda item 8 I would like to strongly object to the proposed update to the city ordinance below, allowing ANYONE to nominate a building for a historical designation. The infringement on property rights is unprecedented, as any nomination could cause extreme financial hardship, not to mention a loss of time, if a property owner has to fight the nomination. I was born, raised, and live in Carlsbad, and this is not in line with Carlsbad's values. OBJECT: Agenda Item 8 "Update to the City's Historic Preservation Ordinance Amending the Municipal Code Title 2, Chapter 2.42 Dustin H. Wailes, MD Sent from my iPhone 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hi City Clerk, Adam Johns <adampjohns@gmail.com> Sunday, October 16, 2022 12:32 PM City Clerk Rejection of Update to City's Historic Preservation Ordinance Based on the information I've seen, I request a rejection of the City Manager's Recommendation on Agenda Item 8 "Update to the City's Historic Preservation Ordinance Amending the Municipal Code Title 2, Chapter 2.42. This appears to be a serious infringement on personal property rights. Adam Johns adampjohns@gmail.com Carlsbad Resident Kind regards, Adam Johns adampjohns@gmail.com (760) 522-5728 CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Sam Kayvon <samkayvon@gmail.com> Sunday, October 16, 2022 1 :38 PM City Clerk RE: 3 condos on Garfield and Beech This email is directed to City council members who will be voting to"Update to the City's Historic Preservation Ordinance Amending the Municipal Code Title 2, Chapter 2.42" urging them to reject such an overreach and infringement on property owners' rights to improve their personal property as they see fit. As an owner in and resident of this neighborhood, I would like to express my own personal opinion on how horrendously ugly the three condos in question located at 2687 Garfield St. are. This outdated and tacky structure has been an eyesore since I can remember, and the news that they were getting updated was an overdue relief. As a property investor and design professional, that is my personal opinion, and I understand that others may feel differently and I respect that others are welcome to their own opinions. What I have a huge issue with is the effort to manipulate the law and attempt to strip property owners of their rights to decide for themselves how they want their property to look. A 38 YEAR OLD STRUCTURE IS NOT HISTORICAL BY ANY MEANS OR DEFINITION. Moreover, the "art deco" meets the 90's architectural style of this structure is not even congruent with the year it was built, so even if 38 years would be considered historical, the actual architecture does not reflect the era it was built in. How would this have any true historical significance? This current property owner purchased this building without any encumbrances on the title with the understanding that they could update and remodel it as they please (within City codes). It is invasive, unethical, and potentially illegal that a small group of individuals could retroactively infringe on an owner's rights simply because they don't want to see any growth or beautification in our city. Just the fact that the property owner is having to come out of pocket for legal fees, time wasted, and energy spent to fight for something so obviously out of line is unconscionable in my opinion, but commendable and apparently necessary for the larger cause at hand. These maneuvers are very transparent; they are driven by a desire to dictate how another property should look with no regard to the owner's rights. The implications of allowing anyone to simply nominate a building as historic have dire consequences for property owners throughout Carlsbad. It would allow any neighbor or passerby to disrupt the development of any property, regardless of their motivation behind it. If this passes, anyone would be able to simply nominate the homes of each City Council member for a historical designation and disturb their right to improve their property as well as potentially putting an encumbrance on their title. This would make no sense. Please vote accordingly. Thank you. Sincerely, Sam Kayvon CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear City Council: Geoff Smith <jefes2rs@gmail.com> Monday, October 17, 2022 1 :23 PM City Clerk Agenda Item 8 Update to City's Historic Preservation Ordinance All Receive -Agenda Item # zl For the Information of the: Please vote against this amendment. CITY COUNCIL Date ~vcc ✓ CM /ACM /DCM (3) ✓ This Update allows anyone to "nominate" a building for historic preservation and stop all development at the site immediately. Preservation of historic buildings and sites is important and Carlsbad has a process for doing so. This new update would allow any property to be tied up for any reason by NIMBY's simply nominating the building for "historic" designation. At a time when Carlsbad is searching hard for housing, this is an absurd amendment. Please vote to preserve the current system of determining a "historic" designation for buildings in Carlsbad and don't give NIMBY's one more tool to prolong development and increase costs of housing. Geoff Smith 2446 Unicornio St Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Michael Alaynick <malaynick@roadrunner.com > Monday, October 17, 2022 2:16 PM City Clerk . Agenda item 8 No to this. My house on Laredo St. in Carlsbad is also 38 years old. So is the entire tract. It isn't historic. The architect's ego is driving his desire to have his design declared historic. Actually, I've always found the structures to be out of place. Thank you, Michael Alaynick, MD Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Attachments: Mills Sinclair <mills@pentadholdings.com> Monday, October 17, 2022 2:37 PM City Clerk Update to the City's Historic Development Preservation Ordinance Historic Preservation Ordinance letter.docx Gentlemen this email is directed to City Council Members who will hear and vote on an "Update to the City's Historic Preservation Ordinance Amending the Municipal Code Title 2, Chapter 2.42. I would urge them to reject and vote against this change. I believe that this would infringe on property owners rights to their personal property. Please read my attached response to this change in the ordinance. Thank you B Mills Sinclair 2637 Garfield Street Carlsbad CA UTION: Do not open attachments or click on links unless ou recognize the sender and know the content i 1 Regarding City of Carlsbad Agenda Item -8 -Historic Preservation Ordinance Amending the Municipal Code Title 2 -Chapter 2.42 I oppose this proposed change. This is an infringement upon property owner's rights. My understanding is that there is already a historic preservation in place and this particular tri-plex located at 2687 Garfield went through all the city hurdles, processes required, historical preservation review and all was well. How can the city allow anybody to hinder the process and flow of your normal city requirements - especially to the extent that the owner has time, money and emotions involved. Blindsiding owners at the behest of someone who may not like that person, is crual, economically harmful and down right mean. This is dangerous and unfair. 2687 Garfield is an eye sore. We were sooo happy to see it go. The plans in place will make the entry to our neighborhood inviting and clean. The only historical relevance this property has is that its utterly ugly, and in need of a new structure. I had met the last owner of the triplex a long, long time ago, as well as a gentleman who passed away in 2021 who worked on this property. He told me the property was not redeemable. Mills Sinclair Neighbor Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Felicia Brechtel <fcb@wordenwilliams.com> Tuesday, October 18, 2022 9:54 AM City Clerk Council Internet Email City Council Hearing 10/18/2022 Item 8 All Receive -Agenda Item# 8 For the Information of the: CITY COUNCIL Date/ o/F/J:;CA ✓ cc V CM V-ACM ::::_ DCM (3) v' Attachments: City Council re Amendments to Historic Preservation Ordinance.pdf Good morning Attached is a letter submitted by D. Wayne Brechtel, ESQ. concerning Item 8 on the agenda for today's meeting. Please make this letter part of the record for this item. If possible, could you also confirm receipt? Thank you. Felicia C. Brechtel, Paralegal nn Worden Williams LLP l!Ui Trusted l.egBI Service5 Since :1975 462 Stevens Ave., Suite 100 I Solana Beach, CA 92075 (858) 755-6604 I fcb@wordenwilliams.com wordenwi llia ms.com Please Note: The information in this E-mail message is legally privileged and confidential information intended only for the use of the individual(s) named above. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, copy, or forward this E-mail message. If you have received this E-mail in error, please notify the sender and delete the E mail from your records. Thank you. CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 rm Worden Williams LLP U:J Trusted Legal Services Since 1.975 October 18, 2022 City Council City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Amendments to the City's Historic Preservation Ordinance; Concerns with the Loss of Private Property Rights Honorable Mayor and City Council Members: This office represents Renee Wailes, owner of the condominiums located at 2685, 2687 & 2689 Garfield St. On September 12th , I appeared before the Historic Preservation Committee to express concern over proposed amendments to the Historic Preservation Ordinance that would create an involuntary nomination process that includes restrictions on the use of private property1• The Commission did not respond to my comments, and the current staff report you have been provided merely states that "One public comment was submitted to the city. The speaker wanted to clarify that historic preservation was a voluntary program. 2" Staff misunderstood my comments. I was not seeking "clarification". was pointing out that the proposed amendments would expand historic resource restrictions to include structures that that are merely nominated for historic designation. The reach of the current Ordinance extends only to properties or structures that have actually been designated historic (Carlsbad Municipal Code 22.0'8.010; 22.08.020; 22.08.040). This is an important change because the nomination process is not voluntary. The ordinance as drafted would allow the City Council or Historic Commission to nominate a property or structure for historic designation without the owner's consent. (Revised Section 22.06.040A.) The proposed revisions are not consistent with past Council direction to make the historic designation process entirely voluntary. 1 I also provided a letter detailing these concerns. The minutes of the Commission meeting do not mention my testimony and the letter I submitted was not included in the staff report for prepared for this Council. A copy of the letter is attached. 2 Staff Report page 5. Areas Of Practice Real Estate Estate Planning & Administration Business Land Use & Environmental Litigation Public Agency Attorneys D. Wayne Brechtel Kristen McBride Jason R. Schingler Tomer T. Gutman D. Dwight Worden Retired W. Scott Wi lliams Retired Office 462 Stevens Avenue Suite 100 Solana Beach Californ ia 92075 (858) 755-6604 wordenwilliams.com City Council October 18, 2022 Page 2 Staff may assert the process is voluntary because owner consent is still required for a property to actually be designated a historic resource. That is correct, but as currently written owner consent is not required for a property or structure to be "nominated" for historical designation. Thus, an owner can be subjected to an involuntary nomination process that includes significant restrictions on the use of their property. Further, given that owner consent for historic designation is required, it makes no sense to allow a nomination process to proceed without the owner's consent. The ordinance should be revised to provide that a nomination for historic designation can only be accepted for consideration if it includes the signature of the owner consenting to the action. This is what is proposed for designation of an historic districtn (See Staff Report p. 22; Draft Ordinance§ 22.06.040A.3). The same condition should apply to the historic resource designation process. Requiring owner consent for a nomination process up front is consistent with Council direction and would avoid unnecessary time processing an application for a historic designation that an owner does not want, and would avoid subjecting a property owner to involuntary property right restrictions. We appreciate the Council's consideration of these concerns and ask that you reject the proposed revisions to the Historic Preservation Ordinance and direct staff to make the following revisions: i) Remove proposed restriction on properties that have only been "nominated" for historic designation, and ii) Require that no nomination for historic designation can be accepted without the owner's consent. In that way, the Council would ensure that the entire historic designation process is truly voluntary. Very truly yours, WORDEN WILLIAMS LLP D.Wapu-8~ D. Wayne Brechtel, Esq. dwb@wordenwilliams.com Attachment: Letter to Historic Preservation Commission cc : Renee Wailes rm Worden Williams LLP l!iCJ Trusted Legal Services Since 1.915 September 12, 2022 Historic Preservation Commission City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Amendments to the City's Historic Preservation Ordinance; Concerns with the Loss of Private Property Rights Dear Members of the Commission: This office represents Renee Wailes, owner of the condominiums located at 2685, 2687 & 2689 Garfield St. Her proposal to construct new condominium on this site has been the subject of Commission discussion in the past and is currently undergoing an environmental review process. The purpose of this letter is not to discuss the ,pending project, but instead, comment on the proposed amendments to the Historic Preservation Ordinance ("Ordinance"). Ms. Wailes has no objection to incorporation of provisions to include Mills Act benefits for those property owners who wish to participate. However, Ms. Wailes is concerned with other revisions that appear to be expanding the reach of City regulations at the expense of property rights and beyond Council direction. A key direction of the City Council, and one that is presumably being addressed by the proposed Ordinance revisions, is for the "Commission to make recommendations for modifying the historic preservation ordinance to make compliance entirely voluntary." (Staff Report page 2.) Some of the proposed modifications are consistent with this direction in that they make clear that an improvement can only be designated a historic resource if "[t]he property owner consents to the proposed designation." (Staff Report, page 17, Draft Ordinance § 22.06.015A.1.) On the other hand, other proposed changes appear to take away property owner rights. Specifically, the proposed revisions create new restrictions that prohibit an owner from making any alterations to a property or building that has been "nominated" for historic resource designation (Proposed 28.08.010 (A)). Areas Of Practice Real Estate Estate Planning & Administration Business Land Use & Environmental Litigation Public Agency Attorneys D.Wayne Brechtel Kristen McBride Jason R. Schingler Tomer T. Gutman D. Dwight Worden Retired W. Scott Williams Retired Office 462 Stevens Avenue Suite 100 Solana Beach California 92075 (858) 755-6604 wordenwilliams.com Historic Preservation Commission September 12, 2022 Page 2 Further, the permit requirement for historic properties is being expanded to go beyond resources that are formally designated and extend to anything that has been "nominated" for historic designation (Proposed 28.08.020). The draft Ordinance also creates an affirmative duty for a property owner to maintain a property that has been "nominated" (Proposed 22.08.040). These are major changes beyond what is in the current Ordinance. The reach of the current Ordinance extends only to properties or structures that have actually been designated historic (Carlsbad Municipal Code 22.08.010; 22.08.020; 22.08.040). The new restrictions that would apply to anything that has been "nominated" for historical designation is not consistent with Council direction to make the historic designation process entirely voluntary. Further, the proposed changes are illogical. If historic designation requires owner consent, why add provision that would restrict owner rights if some other third party nominates their property for historic designation? As written, the ordinance would allow some person or entity the ability to restrict property they do not own by merely "nominating" it for historic designation. The proposed revisions that would restrict what an owner can do with their property based upon . a "nomination" alone should be eliminated. Further, given that owner consent for historic designation is required, the Ordinance should be revised to provide that a nomination for historic designation can only be accepted for consideration if it includes the signature of the owner consenting to the action. This what is proposed for a historic district designation (See Staff Report p. 22; Draft Ordinance § 22.06.040A.3). The same condition should apply to the historic resource designation process. Requiring owner consent for a nomination process up front is consistent with Council direction and would avoid unnecessary time processing an application for a historic designation that cannot be approved because the owner does not consent. Another proposed change that is not consistent with Council direction is elimination of an owner's ability to have their property voluntarily removed from the list of historic resources, and instead require a hearing before the commission and City Council (Carlsbad Municipal Code 22.08.020 (C.)) This change transfers decision making authority from a property owner to the Commission, a change that is not consistent with a "voluntary" program. Furthermore, it is unclear what findings are necessary for the Commission and Council to make a deny a property owner's request to de-designate a property. We appreciate your consideration of these comments and ask that the Draft ordinance be revised to eliminate restriction of properties that have been "nominated" but not designated historic and restore the owner's right to have a property removed from the · Historic Preservation Commission September 12, 2022 Page 3 historic inventory lists. These change are needed to be consistent with Council direction that the City's historic designation process be a voluntary program requiring owner consent at all times. Very truly yours, WORDEN WILLIAMS LLP D . Wa;pu !3~ · D. Wayrfe Brechtel, Esq. dwb@wordenwi ll i ams . com cc: Renee Wailes John Beery A. I .A. Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Natalie Phelps <minatalieann@gmail.com> Tuesday, October 18, 2022 2:14 PM City Clerk Municipal Code Title 2 Chapter 2.42 My husband and I own 2680 Ocean St, Carlsbad, CA 92008. All Receive -Agenda Item # f1. For the Information of the: CITY COUNCIL Date lo/,9/):)... CA_ CC ✓ CM_ACM_DCM(3)_ We are requesting a rejection of the City Managers Recommendation on Agenda Item 8 "Update to the City's Historic Preservation Ordinance Amending the Municipal Code Title 2, Chapter 2.42. Thank you, Natalie Phelps and Alan Shafran Natalie Phelps Shafran minatalieann@gmail.com 760 544 2334 CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: AM Lafferty <alaff.nsad@gmail.com> Tuesday, October 18, 2022 2:37 PM City Clerk; Matthew Hall; Keith Blackburn; Peder Norby; Teresa Acosta; Priya Bhat-Patel Mike Strong; Jeff Murphy; Suzanne Smithson; Gary Barberio Fwd: O' City Council to consider preservation program for historic properties Honorable Mayor Matt Hall and Members of the City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Public comment in support of agenda item #8: Historic Preservation ordinance update including the Mills Act Dear Carlsbad City Council, Please support the proposed amendments to Carlsbad's Municipal Code for Historic Preservation, including the Mills Act program. Programs to encourage, promote and incentivize voluntary preservation are needed. With Council's support of these amendments the historic resource status of the Historic Culver/Myers/Capp House located at 3140 Highland Drive, could be maintained along with other significant city landmarks. The result of these actions by Council will provide the staff the ability to implement many City goals and policies aimed at preserving existing significant buildings while maintaining the historic character of Carlsbad. Thank you for considering this update. Alicia Lafferty Ex-Officio Member -Carlsbad Historic Preservation Commission Vice Chair -Planning Commission Village and Barrio Master Plan -Objective Design Committee: Planning Commissioner member ----------Forwarded message --------- From: City of Carlsbad <planning@carlsbadca.gov> 1 Date: Mon, Oct 17, 2022 at 10:49 AM Subject: a City Council to consider preservation program for historic properties To: <alaff.nsad@gmail.com> Tomorrow the City Council will consider approving changes to the Carlsbad Municipal Code (a collection of city laws) to establish a local Mills Act Program that will enable owners of historic properties to receive a break on their property taxes in exchange for their historic preservation and restoration efforts. The Mills Act Program would help qualified historic property owners with the extra costs associated with maintaining historic properties. Staff will present the program framework along with priorities for rehabilitating historic properties. The framework reflects input received from the Historic Preservation Commission. City Council meeting Oct. 18 at 5 p.m. City Council Chamber at City Hall 1200 Carlsbad Village Drive View the agenda and staff report on the city's website for details on how you can participate. Next steps 2 If the City Council adopts the program, applications for the local Mills Act Program could be available for qualified property owners shortly after. Background In July 2021, the City Council received a report regarding the city's possible acquisition of the Culver-Myers-Capp house (located at the southeast corner of Highland Drive and Oak Avenue) for historical preservation and directed staff to return to the City Council with more information about the Mills Act Program. On Oct. 19, 2021, the City Council received additional information and directed staff to prepare a local Mills Act Program for City Council consideration at a future meeting. The California legislature approved the Mills Act in 1972. It allows participating cities and counties to enter into contracts with the owners of qualified historic properties who agree to actively participate in their preservation, restoration and maintenance. In exchange, owners can receive property tax savings. The program wouldn't impose any restrictions on owners of historic properties; it would simply be a new tool available to them if they want to use it. Learn more Quick Links Meeting Calendar Laws & Policies Public Records City Charter Boards & Commissions Contact Us City of Carlsbad planning@carlsbadca.gov 442-339-2600 1635 Faraday Ave. Carlsbad, CA 92008 ( City of Carlsbad ' Visit our Website o a o m City of Carlsbad I 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Unsubscribe alaff.nsad@gmail.com Update Profile I Constant Contact Data Notice 3 TO: CITY CLERK DATE OF PUBLIC HEARING: AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING SUBJECT: _ ___..P--<--)_.IL...!HJ.L.J.VJ--4-P--='4n=-=--+--------- LOCATION: ~O Carlsbad Village Drive, Carlsbad, CA 92008 D Other:_.:.......:..._ ______________ _ DATE POSTED TO CITY WEBSITE _______ _ DATE NOTICES MAILED TO PROPERTY OWNERS: _________ _ NUMBER, MAILED: - I declare under penalty of perjury under the laws.of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. DEPARTMENT: ~TY CLERK'S OFFICE □OTHER _______ _ Signature Date ------------------------------------------------------------------------------ SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _ ~ Cea.st News on· 9/ ;;2.,;;j:2.c), PUBLICATION DATE: Union Tribune --------------- Coast News / 0/7/;l~- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. DEPARTMENT: Qa-6'TY CLERK'S OFFICE □ OTHER _______ _ Signature Date Attachments: 1) Mailing Labels 2) Notice w/ attachments • . . . . NOTICE OF PUBLIC REVIEW AND PUBLIC HEARING NOTICE IS HEREBY GIVEN, the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 5 p.m. on Tuesday, Oct. 18, 2022, for the City of Carlsbad Permanent Local Housing Allocation (PLHA) Plan. The PLHA plan summarizes the eligible activities to which PLHA funds are proposed over a five-year period. The PLHA plan is available for public comment and review during a 10-day period, from Oct. 07, 2022 through Oct. 18, 2022. All interested persons are encouraged to submit written comments during the review period, or at the public hearing. The PLHA plan can be found on the City's website at www.carlsbadca.gov/city-hall/grants- assistance/cdbg or by contacting Nicole Piano-Jones at nicole.pianojones@carlsbadca.gov or at (442) 339-2191. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available by Friday, Oct. 14, 2022. If you have any questions, please contact the Housing & Homeless Services Department at (442) 339-2191 or nicole.pianojones@carlsbadca.gov. The meeting can be viewed online at https://www.carlsbadca.gov/city-hall/meetings-agendas or on the city's cable channel. In addition, written comments may be submitted to the City Council at or prior to the hearing via U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email to clerk@carlsbadca.gov. The hearing will commence at 5 p.m. or as soon thereafter as the matter can be heard. For questions or more information, please contact Nicole Piano-Jones, Program Manager at nicole.pianojones@carlsbadca.gov or at (442) 339-2191. PUBLISH: October 7, 2022 CITY OF CARLSBAD CITY COUNCIL Historic Preservation Ord. Update and Mills Act Program Mike Strong, Asst. Director of Community Development Oct. 18, 2022 BACKGROUND •City Council provided direction on Oct. 19, 2021 •Worked with the Historic Preservation Commission to develop recommendation •Request to Amend Title 22 and Chapter 2.42 and provide direction to develop additional benefits and incentives ITEM 8: Historic Preservation Ordinance DETAILS OF THE REQUEST –AMEND CMC 2.42 •Chapter covers the duties of the Historic Preservation Commission •Proposed changes: –Advising role (clarification) –Charges (clarification) and new role regarding incentives ITEM 8: Historic Preservation Ordinance DETAILS OF THE REQUEST –AMEND CMC 22.02 •Chapter covers the general regulations and administration of historic preservation •Proposed changes: –Actual intent of regulations (clarification) –Definitions (new definitions added) ITEM 8: Historic Preservation Ordinance DETAILS OF THE REQUEST –AMEND CMC 22.06 •Chapter covers the process to designate historic resources and districts •Proposed changes: –Ensure that the nomination process is voluntary and decided by the property owner –Add process to designate resources as landmarks –Clarify criteria for district formation –Establish de-designation procedures ITEM 8: Historic Preservation Ordinance VOLUNTARY PROGRAM AND OWNER CONSENT •Existing code: –Allows “any person, association, or agency.. to request designation…” (22.06.030.A) –Allows the HPC or Council to initiate designation process (22.06.030.A) –States that a site shall not be designated without property owner’s consent (22.06.030.E) •Proposed changes in draft ordinance: –Allows “a property owner… to request designation…” (22.06.040.A) –Still gives the HPC or Council the ability to initiate designation proceedings (22.06.040.A) –States that a site shall not be designated without the property owner consent (22.06.020.A and 22.06.040.G) VOLUNTARY PROGRAM AND OWNER CONSENT •Public comments received since report publication expressed concern about the the designation process. •Based on public feedback staff is now recommending that City Council delete the following sentence in the proposed ordinance. Proposed 22.06.040.A A property owner may request an improvement be designated as a historic resource by submitting a written request for such designation to the commission. The commission or city council may also initiate such proceedings by motion. DETAILS OF THE REQUEST –AMEND CMC 22.08 •Chapter covers the permitting process for properties in the register •Proposed changes: –Simplified process for properties under a Mills Act Contract and consistent with standards –Penalties and enforcement ITEM 8: Historic Preservation Ordinance DETAILS OF THE REQUEST –ADD CMC 22.10 •New chapter to cover benefits and incentives •Proposed changes: –Add Mills Act Program ITEM 8: Historic Preservation Ordinance MILLS ACT OVERVIEW •Enables property tax reduction incentive •Encourages long-term preservation/restoration of privately-owned historic buildings •Owners voluntarily apply; 10-year contract with restoration plan renews each year •Property tax valuations completed by Assessor BENEFITS TO PROPERTY OWNERS •Most Mills Act properties receive property tax reduction between 40%-60%* •Savings helps offset restoration costs •Especially beneficial to recent buyers/owners who have completed major restoration *Actual savings are very specific to each property, based on a number of factors and variables; this range is likely for some but is intended for illustrative purposes only PROGRAM DETAILS •Restoration work plan at owner’s expense •June 1 application deadline, done by Dec. 31 •HPC recommendation and City Council action PROPERTY OWNER RESPONSIBILITIES •Maintain property per historic standards •City inspection every five years •Restore/rehabilitate if required by work planayscancellation penalty of 12.5% VALUATION •Only the Assessor can calculate actual savings •Assessor uses income approach to value •Assessor calculates standard values, compares all 3, applies lowest •Impact on City revenue is minimal MILLS ACT APPLICATION PROCESS •Application forms, site plan, photos, title report •City inspects property •HPC recommendation typically in September •City Council final action typically in November •Contract recorded by December 31 NEXT STEPS •Promote awareness of the Mills Act Program and application process •Return to City Council with cost-recovery user fees to implement the program ITEM 8: Historic Preservation Ordinance