HomeMy WebLinkAbout2024-07-08; Historic Preservation Commission; Resolution 2024-0003RESOLUTION NO. 2024-003.
A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING CITY COUNCIL
AUHTORIZATION TO INITIATE AMENDMENTS TO ORDINANCES AND
POLICIES FOR ADDITIONAL HISTORIC PRESERVATION BENEFITS AND
INCENTIVES.
WHEREAS, the Historic Preservation Committee can solidify a community's past and can help
strengthen a community's future; and
WHEREAS, providing 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 can help safeguard the city's historic
heritage; and
WHEREAS, studying additional historic benefits and incentives is a work program activity
included in the 2024-2025 Historic Preservation Commission Work Plan; and
WHEREAS, the action to recommend authorizing the processing of amendments to ordinances
and policies for additional historic preservation benefits and incentives was evaluated for
environmental processing in accordance with the California Environmental Quality Act, (CEQA, Public
Resources Code section 21000 et. seq.), and its implementing regulations (the CEQA Guidelines, Article
14 of the California Code of Regulations section 15000 et. seq.). The action does not constitute a
"project" within the meaning of CEQA in accordance with Public Resources Code section 21065 or CEQA
Guidelines section 15378. The project, therefore, is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED by the Historic Preservation Commission of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. The Historic Preservation Commission recommends City Council authorization to
process the amendments to city ordinances and policies or to otherwise coordinate the
following.
A. Expanded home-based businesses: The city's existing regulations of home
occupations limit the type of commercial activity that may occur in different
zones, as intended. The Historic Preservation Commission recommends updating
Title 21 of the Carlsbad Municipal Code (the Zoning Ordinance) to establish a
new permit and use type (a major home occupation permit) and performance
standards and review criteria. Under this recommendation, and as means to help
subsidize the property owner's ongoing efforts to preserve a historic resource,
only designated historic resources listed in the Carlsbad Historic Resource
Register (Local Register) would be eligible to apply. The new permit type would
allow the operation of an expanded home occupation or limited commercial use
in the historic resource (expanding the occupations permitted, area, equipment,
employment, sale of goods/displays, etc.). To the extent that expanded home
occupations in historic resources may represent a more intensive use of the land,
and potentially introduce land use compatibility concerns, the Historic
Preservation Commission also recommends a public engagement period and
refining the approach based on community input. The Historic Preservation
Commission recommends considering allowances for small artisanal businesses
such as woodworkers for example to be able to work in small areas; providing
incentives for small businesses; and acknowledging that there are already
historic buildings that are being used as businesses. Additional consideration
should be given during the planning process to consider how displays inside and
outside of the building will be managed. It is the belief of the Historic
Preservation Commission that such expanded home-based businesses shall not
require internal or external alterations or involve construction features of
significance that degrades the integrity of the historic resource.
B. Development standard flexibility: The Historic Preservation Commission
recommends: (1) examining the city's rules, regulations, or policies and if there
is a disproportionate or negative impact on historic preservation efforts; and (2)
initiating a work plan to update the Zoning Ordinance to provide zoning relief to
incentivize historic preservation (including but not limited to allowing waivers or
variances for additional building height and building mass, or reduced building
setbacks and parking requirements) so long as it helps keep historic resources in
place and maintains the integrity of the resource. It is also important to develop
a set of uniform definitions and criteria so that alteration, rehabilitation,
restoration, and related improvements are consistent with the Secretary of the
Interior's Standards, as well as the State Historical Building Code if applicable.
C. A Historic Preservation Easement is a voluntary legal agreement, typically in the
form of a deed, which permanently protects a significant historic property. Since
it is a perpetual easement, an owner is assured that the property's historic
character will be preserved. In addition, an owner who donates an historic
preservation easement may be eligible for one or more forms of tax benefits.
Under the terms of a typical preservation easement, a property owner places
restrictions on the development of, or changes to, the property and transfers
these restrictions to a qualified organization whose mission includes
environmental protection, land conservation, open space preservation, or
historic preservation. The Historic Preservation Commission recommends that
the City Council direct staff to seek out and solicit information from qualified
organizations and to see if there are opportunities to coordinate local easement
programs (with property owner consent and approval) for areas that may include
(1) the front fai;ade, (2) the front fai;ade along with an important interior space,
(3) or the entire exterior. The organization must have the resources to manage
and enforce the restrictions provided for in the easement and have a
commitment to do so.
3. The Historic Preservation Commission acknowledges that the Planning Commission
serves in an advisory capacity to the City Council on land use policy planning matters,
which guide the future development of the city. The Planning Commission has final
approval authority on certain cases and recommends action to the City Council on
others. Among other responsibilities, the Planning Commission assists the City Council
in the formulation of ordinances and policies that implement the General Plan, such as
amendments to the Zoning Ordinance and changes to the existing zoning text and maps.
Thus, ifthe City Council adopts a resolution of intent to direct staff to process the Zoning
Ordinance amendments, in whole or in part, city staff would normally report directly to
the Planning Commission prior to the City Council's review and consideration of
amendments. On this subject matter, the Historic Preservation Commission desires to