HomeMy WebLinkAbout2019-02-11; Historic Preservation Commission; ; ORDINANCE REVISIONSHISTORIC PRESERVATION COMMISSION
Meeting Date: February 11, 2019
To: Historic Preservation Commission
From: Suzanne Smithson, Deputy Library Director
Staff Contact: Dianna Galindo
Subject: Ordinance Revisions
Recommended Action:
Approve ordinance revisions for fut ure presentation to City Council.
Executive Summary:
The Historic Preservation Commission has been working with the City Attorney's office to update its
guiding ordinances in the Carlsbad Municipal Code. At the meeting of January 14, 2019, revisions were
brought to the Commission; Commissioners had a desire to further review and discuss and requested a
Special Meeting for this purpose.
Attached are the proposed final ordinances with additional suggested comments and edits from the
Commissioners incorporated by the City Attorney and Staff Liaison as appropriate. Some co mments,
edits, and suggestions were not included based on legal opinion, redundancy, consistency, and purpose.
Exhibits:
1. Current Ordinance
2. Comments by Commissioner Jack Nelson
3. Edits by Commissioner Anne Estes
4. City Attorney's red line version incorporating comments and edits by commissioners
5. Proposed revision without "track changes"
Chapter 2.42
HISTORIC PRESERVATION COMMISSION
Sections:
2.42.010
2.42.020
2.42.030
2.42.040
2.42.050
Created.
Membership.
Term of office.
Duties.
Rules and procedures.
2.42.010 Created.
A historic preservation commission of the city is created. (Ord. NS-433 § 1, 1997)
2.42.020 Membership.
Membership on the historic preservation commission shall consist of the following:
A. Five regular members and one ex officio representative from the planning commission. All
regular members of the commission must have knowledge of and a demonstrated interest
in historic preservation and local history. Three members will have a background or an
interest in architecture, archaeology, history, biology, 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. (Ord. NS-433 § 1, 1997)
2.42.030 Term of office.
Of the five members of the commission first appointed, one member shall be appointed for three
years and two members shall be appointed for four years. The successors shall be appointed for
terms of four years. If a vacancy occurs other than by expiration of a term, it shall be filled by
appointment by the city council for the unexpired portion of the term. Each member shall hold
office until reappointed or a successor is appointed. (Ord. NS-433 § 1, 1997)
2.42.040 Duties.
Duties of the historic preservation commission are as follows:
A. The commission shall act in an advisory capacity to the city council, planning commission,
housing commission, and design review board in all matters relating to the identification,
protection, retention , and preservation of historic resources within the city.
B. It shall be the responsibility of the commission to provide advice to the city council on the
following matters:
1. Criteria for guidelines to be used in a comprehensive historic survey of properties within
the city ;
2. The designation of historic resources;
3. Maintaining the Carlsbad historic resources inventory adopted by the city council;
4. Hiring of staff or consultants to conduct a comprehensive survey of properties within the
boundaries of the city to identify historical sites and areas;
5. Participation in and promotion and dissemination of public information, education, and
interpretive programs pertaining to historical areas and sites;
6. Cooperation with local, county, state, and federal governments in pursuit of the
objectives of historic preservation; and
7. Any other matter which the commission deems necessary to protect historical
resources.
C. The commission shall be responsible for:
1. Publicizing and periodically updating survey results;
2. Maintaining a Carlsbad historic resources inventory;
3. Investigating and reporting to the city council on the use of various federal, state, local,
or private funding sources available to promote historic preservation in the city;
4. Rendering advice and guidance, upon the request of the property owner or occupant,
on the restoration, alteration, decoration, landscaping, or maintenance of any historical
area or site; and
5. Performing any other functions that may be designated by the city council. (Ord. NS-
433 § 1, 1997)
2.42.050 Rules and procedures.
The historic preservation commission shall establish such rules, regulations, and procedures
consistent with this chapter for the transaction of business and shall keep a public record of its
resolutions, transactions, findings, and determinations. (Ord. NS-433 § 1, 1997)
\;_ -
Sections:
22.02.010
22.02.020
22.02.030
22.02.040
22.02.050
22.02.010
Chapter 22.02
GENERAL REGULATION AND ADMINISTRATION
Short title.
Purpose and intent.
Boundaries and areas of application.
Definitions.
Review of environmental documents.
Short title.
22.02.010
This title shall be known as the "Historic Preservation Ordinance." Compliance with this chapter shall be vol-
untary. (Ord. NS-433 § 2, 1997; Ord. 9776 § 1, 1985)
22.02.020 Purpose and intent.
It is the intent and purpose of this title to:
A. Effect and accomplish the protection, enhancement and perpetuation of historic resources that repre-
sent or reflect elements of the city's cultural, social, economic, political and architectural history;
B. Safeguard the city's historic heritage by encouraging preservation of its historic resources;
C. Stabilize and improve property values;
D. Foster civic pride in the character and accomplishments of the past;
E. Protect and enhance the city's historic attractions for residents, tourists and visitors and serve as a
support and stimulus to business and industry;
F. Strengthen the economy of the city;
G. Promote the use of historic districts and landmarks for the education, pleasure and welfare of the peo-
ple of the city. (Ord. NS-433 § 2, 1997; Ord. 9776 § 1, 1985)
22.02.030 Boundaries and areas of application.
This title shall apply to all historic resources, publicly and privately owned, within the corporate limits of the
city. (Ord. NS-433 § 2, 1997; Ord. 9776 § 1, 1985)
22.02.040 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
"Alteration" means any change or modification, through public or private action, of any historic resource, or
of any property located within a historic district, including, but not limited to, exterior changes to or
modifications of a structure or any of its architectural details or visual characteristics, including paint
color and surface texture, grading, surface paving, new structures, cutting or removal of trees and
other natural features, disturbances of archeological sites or areas, and the placement or removal of
any objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and
landscape accessories affecting the historic qualities of the property.
"Commission" means the historic preservation commission established by this title.
"Historic district" means any area which contains several historic resources or landmarks which have special
character or special historical value, or which represent one or more architectural periods or styles
typical to the history of the city, that has been designated a historic district pursuant to this title.
1215
22.02.050
"Historic landmark" means any property or improvement, manmade or natural, which has special historic,
cultural, architectural, archeological, or community interest or value as part of the development, heri-
tage or history of the city, the State of California, or the nation, and that has been designated as a his-
toric landmark pursuant to this title.
"Historic resource" means sites, places, areas, landscape, buildings, structures, signs, features, or other ob-
jects of scientific, aesthetic, educational, cultural, architectural, or historic significance to the citizens of
the city and includes both historic landmarks and historic districts.
"Historic site" means any parcel or portion of real property which has special character or special historic,
cultural, archeological, paleontological, architectural, community or aesthetic value. (Ord. NS-433 § 2,
1997; Ord. NS-141 § 1, 1991; Ord. 9835 § 1, 1987; Ord. 9776 § 1, 1985)
22.02.050 Review of environmental documents.
As part of the environmental review of development projects affecting historic structures, archeological or
paleontological sites, as shown on the historic resources inventory or as identified in the environment study,
the environment documents shall be referred to the historic preservation commission for review. The com-
mission 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. (Ord.
NS-433 § 2, 1997; Ord . NS-141 § 2, 1991; Ord. 9776 § 1, 1985)
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Sections:
22.06.010
22.06.020
22.06.030
22.06.040
Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS
Establishment of historic resources inventory.
Criteria for historic resources inventory.
Historic site and landmark designation procedures.
Historic district designation procedures.
22.06.010 Establishment of historic resources inventory.
22.06.010
The city shall establish and adopt a historic resources inventory. (Ord. NS-433 § 3, 1997; Ord. NS-141 § 4,
1991; Ord. 9776 § 1, 1985)
22.06.020 Criteria for historic resources inventory.
A historic resource may be considered and approved by council for inclusion in the historic resources inven-
tory based on one or more of the following:
A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic,
engineering or architectural history; or
B. It is identified with persons or events significant in local, state or national history; or
C. It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable
example of the use of indigenous materials or craftsmanship or is representative of a notable work of
an acclaimed builder, designer or architect; or
D. It is an archaeological, paleontological, botanical, geological, topographical, ecological or geographical
site which has the potential of yielding information of scientific value; or
E. It is a geographically definable area with a concentration of buildings, structures, improvements, or ob-
jects linked historically through location, design, setting, materials, workmanship, feeling and/or asso-
ciation, in which the collective value of the improvements may be greater than the value of each indi-
vidual improvement. (Ord. NS-433 § 3, 1997; Ord. NS-141 § 5, 1991; Ord. 9776 § 1, 1985)
22.06.030 Historic site and landmark designation procedures.
Historic sites and landmarks shall be established by the city council in the following manner:
A. Any person, association, or agency may request the designation of a site, landscape feature, or im-
provement as a historic landmark by submitting a written request for such designation to the historic
preservation commission. The historic preservation commission, planning commission, design review
board, or city council may also initiate such proceedings by motion.
B. Any such request shall be filed with the development processing department upon prescribed forms
and shall include the following data:
1. Name and address of property owner and assessor's parcel number and address of site;
2. Description of the proposed historic site or landmark, including special aesthetic, cultural, ar-
chaeological, paleontological, architectural, or engineering interest or value of a historic nature,
including information about the architecture, notable features, construction and other information
indicating the historical significance of the site;
3. Sketches, photographs, or drawings;
4. Statement of condition of structures;
5. Explanation of any known threats to the improvement of the site;
1217
22.06.040
6. Additional information:
a. Site plan in appropriate scale;
b. Legal description of the property;
C. Photographs, old and recent;
d. Proposed use;
e. Existing zoning;
f. Bibliography and references;
g. Chain of title, if available;
C. Within 45 days of the date of the request, the commission shall hold a public hearing to review the
landmark application according to the criteria of Section 22.06.020.
D. Notice of the public hearing shall be given as provided in Section 21.54.060(2) of this code. In addition,
notice of the date, place, time and purpose of the hearing shall be mailed, return receipt requested, to
the owner of the proposed landmark property as shown on the last equalized assessment roll at least
14 days prior to the date of the public hearing. Failure to send notice by mail to any property owner
when the address of such owner is not on the latest equalized assessment role shall not invalidate any
proceedings in connection with the proposed designation.
E. After the public hearing, the commission shall by resolution make a report and recommendation to the
city council. If the commission determines that the improvement does not meet landmark criteria, the
process shall terminate and the commission shall notify the property owner and applicant of such ter-
mination in writing within 10 days of the commission's determination. If the commission determines that
the resource warrants historic site or landmark designation and the property owner has consented to
same in writing, then the commission shall submit a written recommendation to the city council incorpo-
rating its reasons in support of the proposed designation. Without the property owner's consent to the
proposed designation, a site shall not be designated a historic site or landmark. Permits shall be re-
quired to work on a designated historic landmark as specified in Chapter 22.08 of this code. Permit
fees shall be established by resolution of the city council.
F. The city council shall hold a public hearing on the proposed historic designation within 30 days of the
receipt of the recommendation for the commission.
G. At the conclusion of the public hearing on the proposed designation, the city council shall, by resolu-
tion, designate or conditionally designate, or disapprove the designation of the historic landmark. Writ-
ten notice of the city council action shall be mailed to the property owner. (Ord. NS-433 § 3, 1997; Ord.
9835 § 2, 1987; Ord. 9776 § 1, 1985)
22.06.040 Historic district designation procedures.
Historic districts shall be established by the city council in the following manner:
A. The procedures for designating a historic district shall be the same as for designating a historic land-
mark, except as otherwise provided in this section.
B. Any application for designation of a historic district shall be filed with the planning division upon the
prescribed form and shall include the following data:
1. Boundaries of the proposed district and a list of names and addresses of property owners, asses-
sor's parcel numbers and addresses of properties within the boundaries;
2. Description of the proposed historic district, including special aesthetic, cultural, architectural, or
engineering interest or value of a historical nature;
3. Sketches, photographs or drawings;
4. Statement of condition of structures and improvements within the district;
1218
22.06.040
5. Explanation of any known threats to any cultural resource within the district;
6. Other information requested by the planning division.
C. If written consent of all of the owners of property within the proposed district to the proposed designa-
tion is not obtained at the time of the historic preservation commission hearing, the process shall ter-
minate and the commission shall notify the property owners and applicant of such termination within 14
days of the commission's determination.
D. If the commission determines that the area warrants historic district designation, it shall submit a writ-
ten recommendation to the city council incorporating its reasons in support of the proposed historic dis-
trict designation, within 14 days of reaching its decision . Such recommendation shall include a report
containing the following information:
1. A map showing the proposed boundaries of the historic district identifying all structures within the
boundaries;
2. An explanation of the significance of the proposed district and description of the cultural re-
sou~Ges within the proposed boundaries;
3. Rec·ommendations as to appropriate permitted uses, special uses, height and area regulations,
minimum dwelling size, floor area, sign regulations, parking regulations, and any other modifica-
tion to existing development standards necessary or appropriate to the preservation of the pro-
posed historic district. (Ord. NS-433 § 3, 1997; Ord. 9776 § 1, 1985)
1219
22.08.010
Sections:
22.08.010
22.08.020
22.08.030
22.08.040
22.08.050
Chapter 22.08
PERMITS AND PERMIT PROCEDURES
Permits to work on a historic resource, historic landmark or historic district.
Permit procedure.
Permit criteria.
Duty to keep in good repair.
Existing improvements.
22.08.010 Permits to work on a historic resource, historic landmark or historic district.
The permit process for work on historic resources is as follows:
A. It is unlawful for any person to alter, tear down, demolish, construct, remove or relocate any improve-
ment, or any portion thereof which has been designated a historic site or landmark, or which lies within
a historic district, without first obtaining a permit from the city building department.
B. 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, re-
construction, alteration, restoration, demolition or removal of any such feature when the building de-
partment certifies to the council that such action is required for the public safety due to an unsafe or
dangerous condition which cannot be rectified through the use of the California Historical Building
Code.
C. The permit required by this chapter shall be in addition to any other permit required for a proposed pro-
ject. (Ord. NS-433 § 4, 1997; Ord. 9776 § 1, 1985)
22.08.020 Permit procedure.
The permit procedure for work on historic resources is as follows:
A. An application for a permit to do work at a historic site, in a historic district, or on a historical landmark
shall be submitted to the development processing division on forms designated by the city planner.
Within 30 days from the receipt of such complete application the commission shall review the applica-
tion and shall make a written report to the city council. The city council shall hold a public hearing on
the application within 30 days of receipt of the commission report. Notice of the public hearing shall be
given as provided in Section 21.54.060(b) of this code.
B. At the conclusion of the public hearing on the permit application, the city council shall, by resolution,
issue or deny, in whole or in part, any permit application.
C. Any property owner whose property is designated a historic resource or is located within a historic dis-
trict may voluntarily have their property removed from the list of historic resources upon a request in
writing to the historic preservation commission. (Ord. CS-164 § 10, 2011; Ord. NS-676 § 15, 2003;
Ord. NS-433 § 4, 1997; Ord. 9776 § 1, 1985)
22.08.030 Permit criteria.
The city council shall issue a permit for any proposed work if, and only if, it determines:
A. In the case of a designated historical site, that the proposed work would not detrimentally alter, destroy
or adversely affect any archeological, paleontological, or landscape feature;
B. That any exterior improvements will not adversely affect and will be compatible with the external ap-
pearance of existing designated improvements, building and structures on said site;
1220
22.08.040
C. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfac-
\ · -· tion of the city council that such disapproval will work immediate and substantial hardship on the appli-
cant because of conditions peculiar to the person seeking to carry out the proposed work, whether this
be the property owner, tenant or resident, or because of conditions peculiar to the particular improve-
ment, building or structure or other feature involved, and that approval of the application will be consis-
tent with the purposes of this chapter. (Ord. NS-433 § 4, 1997; Ord. 9776 § 1, 1985)
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22.08.040 Duty to keep in good repair.
The owner, occupant or other person legally responsible for a historic resource shall keep in good repair all
portions of such historic site, landmark, or district as specified in the designating ordinance or permit and all
interior portions and appurtenances thereof whose maintenance is necessary to prevent deterioration and
decay of the resource. Failure to keep such property in good repair may result, upon recommendation of the
historic preservation commission, in removal from the list of historic resources. (Ord. NS-433 § 4, 1997; Ord.
9776 § 1, 1985)
22.08.050 Existing improvements.
All repairs, alterations, reconstructions, restorations or changes in use of existing improvements shall con-
form to the requirements of the California Historical Building Code. (Ord. NS-433 § 4, 1997; Ord. 9776 § 1,
1985)
1221
Questions on the latest version of draft Carlsbad ordinances; Historical Preservation Commission
January 14, 2019 Jack Nelson
Chapter 2.42
2.42.20 Members
A. .. Five "regular" (why not 'voting"; is Planning designee "irregular"?)
Are the requirements for membership a bit redundant?
B. ex-officio non-voting; not specified that "regulars" are voters, except in Carlsbad
Shouldn't voting rights be contained in A. ?
2.42.040 Duties
B. Responsibility -advise Council -stated in A already; is it just a section of A?
C. Shouldn't this be a section of A?
Chapter 22.02 General
"Intent and Purposes" -doesn't his just restate title, and are they the same thing?
"effect and accomplish"? why not "ensure" or simple start "Protect...." why a different start?
"commission" mean the HPC established by this title. How do "title" and "Chapter" differ?
HPC is established in Chapter 2.42, not a part of 22.20
How are these interrelated?
historic "district" -"landmark" "pursuant to this title" -which is the title? Where does the
"title" designate them?
Unclear how title, chapters 2.42 and 2202 and 2206 are intertwined; no apparent internal reference
Chapter 22.06
22.06.030
F. "recommendation for (or "of'?) HPC
proposal terminates if owners do not respond? Notice required in advance; how do we know
owners were notified and were otherwise available, but did not respond?
There is no E. What happens after the HPC report on district?
Comments on current drafts of revised city ordinances regarding Historic Preservation;
May 27, 2018. Jack Nelson, Member, Historic Preservation Commission
Chapter 2.42 .040:
A -C: A shows the HP commission providing advice to council, planning commission, housing
commission and design review board on all matter re: historic resources -but item B only refers to
advice to city council; that of advice to the others?
B and Care not parallel in language that starts B "it shall be the ... "
B.5: "Promotion" and "Disseminating" are not parallel terms.
C.1: is the commission responsible for publicizing and updating surveys without council
approval?
C.2: does commission only keep a "record" of the inventory, or keep the inventory? Does record-
keeping mean just knowing that there is an inventory and where it is located?
C.4: the term "use of" is unnecessary, and implies some limitation of information on funding.
2.42.050: How long should the commission "keep a public record .. "? Is there no limit?
Side comment in pink: I think it is a bad idea for the commission to be providing a "list of professionals"
in historic preservation; it might be better to merely have a list of websites or very general resources
where the credentials of such professionals can be checked.
Chapter 22.02:
22.02.020:
C: How does "encourage private property .... to 'voluntarily participate" fit the title "Purpose and
Intent"? Should it not be a possible responsibility listed in the commission ordinance?
F: "Strengthen the economy" may be a worthy goal, but how is that historic preservation; what
about strengthening the cultural traditions"
G: Is "promote the use of historic sites" a necessarily positive idea? Should there not be a
condition like "responsible" or appropriate"?
22.02.040: apparent redundancy-under "Definitions", the line says that "the following
words ... have the following meanings"
B: Isn't the commission established under chapter 2.42, not this one?
C: this item needs clearer writing, and it may just be self-apparent: a historic district is what the
designation says it is.
D. Same question as B above on language and logic.
BE (incorrect designation?): this one does not follow the same convolutions as Band C.
F: Same as BE above.
Chapter 22.06.010: Calls for inventory, but does not call for revisions.
22.06.020: Criteria : 2 awkward sentences that can lead to many misinterpretations and
misunderstandings. And the approval or withdrawal are not actually criteria for inclusion, but
conditions.
A. "exemplified or reflects" -not parallel terms.
D. needs commas to separate types of sites; would a better phrasing at the end be "which may
yield information ... "? "has the potential of' is a bit awkward.
E. 2d line: what does the work "feeling and/or association" mean? How is feeling a criterion?
Chapter 22.06.030:
A. the word "commission" is missing after "historic preservation"
B. 3.: "value or a historic" should be " .. of.."
4. and 7. C.: are sketches, etc. and photos noted in 7C required or preferred? Why are
sketches, etc., and photos in separate categories? Sketches appear to be required, but
photos are under "additional information".
7. e: "exiting" should be existing.
D.: some words need correction -e.g., "equalize", "role" ...
E.: is the last line necessary? It states an obvious point on any recommendation by commission
to council.
F.: If the commission recommends no on a site, would the council still have to hold a public
hearing? E. says the commission "shall" make a report after a hearing. It then specifies 2 kinds of
findings, including no, but the presumption is that a report is submitted for each type. Why a hearing on
no?
22.06.040:
A. include site as well as landmark?
B. application filed with "planning division"; what of HP commission, since D calls for
commission action?
C. Is not a sentence in the form of items A,B, etc.
that:
ORDINANCE NO. _____ _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, All,'.JENDING CARLSBAD MUNICIPAL
CODE TITLE 2 CHAPTER 2.42.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains a follows
SECTION I: That Carlsbad Municipal Code, Title 2, Chapt~f 2.42 is amended to read'
as follows: •.•··· . ·;-:·.
"Chapter 2,42. :-:/•·
HISTORIC PRESERVATION COMMISSION:,, .. ,".", ,:•···
Sections: •: · :•: .. / .. :•::::_:; •
g~;~g:~~;~~;; .. _ ............. • :( • .• >. ,, (zt<< . . . ___ . ______ .. _ ... _ ... • .•. jr-Fo_r_m_a_tt_e_d_: F_o_n_t c-o-lo-r:_G_r_ee_n---------~
2.42.040 Duties. :; :; , ····•,:::·· .;. ··-,:·.::·•, ''.::•: ·, ..
:::::::: ::~:::d~d proc~:~:~-~es_: __ , ... . :•·::::\:\\~;. .
Thef. City Council of tlie'Cif:y_of C<lrlsbad created f ~~istoi-ic prese~~tion_ commission4-tile..QY ............ -····{~_Fo_r_m_a_tt_e_d_: F_o_n_t c_o_lo_r_: R_e_d _________ _
amending the Carlsbad0 Muhicipal Code'with the aildlti'on of the Historic Preservation Ordinance number
9776. Title 22 pertaining tcr h_ist?ric p,r~~~-r-.:ation-€ity]~""'~il.S.~!~~!E_!~-~ ........................................ ,····· >-Fo_r_m_a_tt_e_d_: F_o_n_t c_o_lo_r_: R_ed __________ ---!.
(Ord. NS-433·§ f(par.t), 1997)'as:'referericedhirein. (··•. ·. Formatted: Font color: Red
2.42.oif :::::~rs:~.i~:\\::::> .. ···<:.:{} . ·,•.•::: .-:-.. ;: :;. ~-----------------~
A. M~-~-~ership on th~ tl~!~toric
0
£~re_sE_!rvation ~€om mission shall consist of .t!i.i:.f.'!~9.\'.l_i_n_lL ............ ·····i>=Fo=r=m=a=tt=e=d=: F=o=n=t c=o=lo=r=: R=ed===========
fivfive f~g~.1~:v~t~ng. ~_e.f!l~.e.C~ ~'~~-9.ri~. i l!~~~j§J!)_no.n:vo.ti !')}5:r_ep ~e.s.1:ri.ta.~iv.1:.}~s.~.J pp_CJirit_e.d. by_ t~.I: .... ___ .... •· { Formatted: Font color: Red
~P la nri irii;• C~om mission. ~II 1~e.g~ lil! j:o~l_n_g_ ~e.m. b_e.rs. 9.f !~.I:.~~?. 'l'! ri:i !s?!o n_ .f!l.~?t .~il.VE_!. ~rl.'!Y".IE_!~_l~e ... , · ·-. · ·
of and a demonstrated interest in his~oric preservation and local history. l ive.members will.serve.at ...... '·~:··.
large from the community, with ope)ifthe five being a resident of the community for at least 20 years. ··.,_'·,,
Formatted: Font color: Red I
Formatted: Font color: Red
Formatted: Font color: Auto :-·::-:•.. ( . :-. ':~· ','
B. -All members iif f~/c~mmission must be Carlsbad residents and registered voters. The ex ..... _ {>=F=o=r=m=a=tt=e=d:=F=o=nt=c=o=lo=r:=R=ed===============<]
officio representative shall ncit if~ entitled to a vote. Appointment w-of the !:!historic ffJreservati~n--------.. _.~-·{ Formatted: 1ndent: Fir5t line: 0.5'' J
~€om missioners shall be made by the The €~ity ~€0Uncil shall appointthe-fiv-e .Hisic;ric.Prese~-~ti~n---.. -·,,,,_.·, >=Fo=r=m=a=tt=e_d=: =Fo=n=tc=o=lo=r=: R=e=d=====================<
Commission members. The £fJlanning ~€om mission shall appoint a.member representative to serve as.___ Formatted: Font color: Red
Hie eic sfficisthe.E_!x_o.f!i~i.00n9.n:V?,ti!1.B.~e_m.~err.e_~re.s_el"l.t.a_tiy(!: ·······--·-· ............. -.... _ .. ________ · >-Fo=r=m=a=tt=e=d=: F=o=n=tc=o=lo=r=: R=e~d-----------<
(Ord. NS-433 § 1 (part), 1997) ··:•>· Formatted: Font color: Red
00
( > =Fo=r=m=a=tt=e=d=: F=o=n=t c=o=lo=r=: T=ex=t=l================(
2.42.030 Term of office .
.Of the five_members of the_commission_first appointed, one member sha ll be_appointed for three_years _________ -Fo_r_m_a_tt_e_d_: F_o_n_t c_o_lo_r:_R_e_d __________ <
and two members shall be appointed for four years.,The successors_sha ll _be appoi nted for terms_of_fou r ________ ~Fo_r_m_a_tt_e_d_: F_o_n_t c_o_lo_r:_R_e_d __________ ~
years. Each of the five voting members of the Commission shall serve four years or the remainder of the
term if filling a vacancy. If a vacancy occurs other than by expiration of a term, it shall be filled by
appointment by the ~eity ~eouncil for the unexpired portion of the term. Each member shall hold office
until reappointed or a successor is appointed.
{Ord. NS-433 § 1 (part), 1997) . .-..
,Attendance an<:'..Termination of_membershiP;. _______ . ':,. :-.:.-· _____________________________________ --.;:----{Formatted: Font: Bold, Font color: Green
A. ,Appointees to the Commission shall serve_at the pleasur'e:of the_ City Council_ and_may be _________ :,:::::,--{ Formatted: Font color: Green
removed at any time, with or without cause, by the.affi rmativ~·vote of three members of the \\
City Council. {Ord. CS-337 § 3, 2018) . . . ·.,.,.;;.:,. \,.,',
B. To assure participation of Commission membe'rs;·~ttendance by th~:members at all regularly
scheduled and special meetings shall be recorded and such record sha li:be provided annually to
the City Council for review. A Commission metnber may be removed bytfi'e affirmative vote of
three members of the City Council due to the ·m=e'i-nber's absence from thr·~e.'cionsecutive regul ar
meetings or from 25% of th e duly scheduled meeti~gs "of the Commission withiri':any fiscal year,
except in the case of absences'Bue.to-illness or by pe0rr'nlssion of the Commission as documented
by th e Commission Liaison . {Ord .. c\'.-iErt,::§,3, 2018) ·=·· ·: ·
~'.,.····.:.•, . ·:::-::~:=• -. ... • ··=:-:-•• 2.42.040 Duties. . . . ..... '•. ·•.·.. ··.· -: · ···:: .. -:•:•:•.
Formatted: Font: Bold, Font color: Green
Formatted: Font: Bold
Formatted: Font color: Green
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left+
Aligned at: 0.25" + Indent at: 0.5''
Formatted: List Paragraph, Numbered+ Level: 1 +
Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left +
Aligned at: 0.25" + Indent at: 0.5''
Duties of the historic pr_ese~~ti~h'c~)!lmission· ~-i-'~.a~_f9.IJp~,~:_\L, ______ ~·? ___________________ --------------------{ Formatted: Font color: Red
A. The ~eommission shall act in an ~dv_isory capa'dty)~-tlie ~eity ~~d~ncil_ill!_Q, £planning ~eommission, ~-----------------___,
Hhousing Ceommission; and Delesign'Rr~view Bboarcffii"all matters ~elating to the identification, ----Formatted: Font color: Blue IJi--: _________ -_____________ .Ji.,_-~ -------::--.·~-----------~ ·;-:,, ---------------------------------------------------------~::_ -------------------<
protection, retention, and pre~~_rvatio~:9J h,istoric reso·urces within the city. ·. :--Formatted: Font color: Red
B. Specifically;the·eommissioii"sh~ll(f(~~al°f be.the re·s:pt>nsibility of the commission to provide advice ·•,>F-o_r_m_a_tt_e_d_: F_o_n_t c-o-lo-r:_R_ed-------------<
to the ci~\f/oClncif on''tii~ _ _fi;>!_lowiri'g ni~~t~~s~-,::-":-c ~::-"t~-----------------------------------------------·-· ----------1 Formatted: Font color: Red
1. Est~eii_~h.iM~-~!!!~fia:f~!-~~i~_~(l!i_.~~}<?.~_e _u~f~j~):c_o_i:np_r_e~-~~s!~e_s_LJ~~)'._D_~_p_r<:J_p_e!t(~s-~i_t_h~n _!~~---··--·-·{""F-o-rm-a-tt-ed-:-F-o-nt-c-o=lo=r:=R=ed====-----==<
city to identify historic resour~)!'s._as that term is defined in Chapter 22.02 of this code;
2. Design ~'te irrg historic resou-~ci~s and rri0~intain a list of organizations specializing in historic _.----1 Formatted: Font color: Red preservation7•:=:::;:;:-:_----·-··-·--·-•:.~:\--·-··-·,;-:,·-·--·-·--·-·--·-··-·-·--·-·--·--------------·-·--·-·--·-··-·---·-'------------------------'
3. Maintaining t'ii'ii:~•record of th~ C~rlsbad historic resources inventory including oral histories. ____ Formatted: Font color: Red
adopted by ;he ~eit,j~equncil ; :.:·:-::: • ·\:---Fo_r_m_a_tt_e_d=: F=o_n_t c=o=lo-r:_R_ed __________ _
·4.---Reco~;;:;end-h~iri ng q[iiiart:oi:'co-nsulta ;.;ts to ccin'd tict ii C-0~ p-ref;e n s-ive 5-~ ;ve'v ·of-p ;operti~s-~•i th i·,;-.. _ ·-. •, · >-Fo=r=m_a_tt_e=d=: F=o=n=t c=o=lo=r,=G=r-ee=n----------<
the boundaries of the city 'tci ··1cte.·6tify historic. R_resources, publicize and periodically update survey ·•,, ·-. >--------------------< ~ '=-· !'e-===="'-"-====-=-====s,,-Formatted: Font color: Red
~~su~t:~mote ion and dissemi~:::: ing public i~;~~~-~~i~~:-~~-~c~·t;~-~,-~~~-;~t~:~r~-:i~-~~;~~:~~~-------------.,-..::::(>-Fo_r_m_a_tt_e_d_: F-o-n-tc-o-lo-r:_G_r_ee_n _________ ---<
pert a in in g t~"i:1 isto-ric -;~sou re-es,-~ incl;_;de th-e -i;.;sta ff~ tion -o{ plaques -oi-ma rk-ers -£his-torf ca i-reso-~ re~--. -~\-. _ i>=F_o_rm_a_tt_ed_:_F_o_nt_c_0_10_r:_R_e_d ____ ==-===<
sites as may be appropriate; ·,J>_Fo_r_m_a_tt_e_d_: F_o_n_tc_o_lo_r:_R_e_d __ =--=----<
6. Encourage longtime residents to provide oral histories for preservation by the Carlsbad Library. ' Formatted: Font color: Red 'i.i -·cooperate ing ,.;_,-ith ioc~l-,-co·~n-ty,-state: a;.;;j' federal-go~ern.men.ts in' p~rs~-it-of-theob]ective-s or·-. --· -------Fo-r=m=a=tt=e=d=: F=o-n=t c=o=lo=r_-. G=r=ee=n-----------
historic preser-;tion; and ··--Formatted: Font color: Red -------------------< 8. Investigate and report to the City Council regarding.f~~_er~!,_ S~'.1_t_e,_ !<?~-~I_ g_o~~_r_ni:n~nt _<?!_grivate ______________ --{ Formatted: Font color: Red
funding sources available to promote historic preservation in Carlsbad, and ~-----------------~
2+-Perform any other functions that may be designated by the City Council Any other matter or which
the s;eommission deems necessary to protect historical resource¥,0
,C. _ The s;eommission_ shall_ be responsible for: ___________________________________________ ---·--------------· ___________ -· -Fo_r_m_a_tt_e_d_: F_o_n_t c_o_ro_r_: R_ed __________ _
b:' ~~~~~~~~~;ga~~:C~~~~~c~~~l=h~nr~:~:~~~:~:~~~~ory; :::::::::::::::::::::::::::::::::::::::::::~~:::::-::-:-:-:-:-:-:-: :-:-~-::-:-::-;-: :-:-----------
eh~.._Maintaining_a _list_of organization s and _resources specia lizing_in _historic_preservation; _____________ ----~. ··-.. Formatted: Font color: Red
4,~-Investigating and repor~ing_ to_ the s;eity s;eouncil_on the _use of various _regarding federal,_state, ______ ··>-. -Fo_r_m_a_tt_e_d_: F_o_n_t c-0-10-,-, R_ed __________ _
local, or private funding sources available to promote historic preservation in the city; \, '-,,1 ~5. Performing any other functions that may be designated by the s;eity s;eouncil. \,, ~-F_o_,m_a_tt_ed_:_F_o_nt_c_o_ro_,:_R_e_d _________ ==<
(o7d-.-Ns:1133-fi-{ii~-(tfiii91i-------------------------------------------------------------------------------------------<:-:1>-::-:-:-:-:-:-:-: :-:-~-::-:-::-;-: :-:-d----------~
2.42,050 Rules and procedures. .,. ·:: ':;:··· .._Fo_r_m_a_tt_e_d_: F_o_n_t c_o_lo_r_: R_ed __________ ~
The Hl'listoric Pf)reservation Ceommission shall establish such0r'ijies;:regulations, and procedures
consistent with this chapter for the transaction of business·~-~cfshall ~eep a public record of its
resolutions, transactions, findings, and determinations a'~'a make the,;, ~vailable to the public on
request. .:•. ··.~-· · · •: ,•,
(Ord. NS-433 § 1 (part), 1997)
EFFECTIVE DATE: This ordinance shall be eff~_ctiile thirty days after its adoption;
and the city clerk shall certify the adoption of this -~•rcjin~nce and cause the full text of
the ordinance or a summary of the ordin<!nce prepare:·\\; -~ti~ City :·ttorney to be ~~blished at
least once in a newspaper of general circulat_ici'n•in·.ti,e City :/~~-~isbad within fifteen days after
its adoption.
,• . •,•: '•··· ... :·
.. ·. .{.:·. ··=: . .,:: -~:-.'
__ day of
INTRODUCED ANJ ·~fRST READ..,lt a regular meetin'g bf th~ Carlsbad City Council on the
· •, . .' W±82019,:~hd'ihereafter
·••'
.PASSED AND ADOPTED at a regular rriee}ing of the City Council of the City of Carlsbad on
the ____ ,of·.::·\,::::;::•. ·•: · ·· ~'20i9, .,by the following vote, to wit:
.. ·:,· ,•··· .
AYE;S:
NOE?
ABSENT:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
ORDINANCE NO.
An Ordinance of the City Council of the City of Carlsbad, California, Amending
Carlsbad Municipal Code. Title 22. Chapter 22.02
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
SECTION I: That Carlsbad Municipal Code, Title 22, Chapter 22.02 is amended to read as follows:
"Chapter 22.02 GENERAL REGULATION AND ADMINISTRATION
Sections:
22.02.010 Short title.
22.02.020 Purpose and intent.
22.02.030 Boundaries and areas of application.
22.02.040 Definitions.
22.02.050 Review of environmental documents.
22.02.010 Short title.
This title shall be known as the "historic preservation commission ordinance."
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (part), 1985)
22.02.020 Purpose and intent.
It is the intent and purpose of this title to set forth governing principles for an organization that will:
A. Effect and accomplish Ensure the protection, enhancement and perpetuation of historic resources that
represent or reflect elements of the city's cultural, social, economic, political and architectural history;
8. Safeguard the city's historic heritage by encouraging preservation of its historic resources;
C. Encourage private property owners to voluntarily participate in city's historic preservation program.
D. Foster civic pride in the character and accomplishments of the past;
E. Protect and en hance 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;
F. Promote the use of historic sites, landmarks and districts for the education, pleasure and welfare of the people
of the City of Carlsbad.
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (part), 1985)
22.02.030 Boundaries and areas of application.
This title shall apply to all historic resources within the corporate limits of the city including publicly and privately
owned physical entities as well as human contributions unique to the city's history.
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (part), 1985)
22.02.040 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
A. "Alteration" means any change or modification, thro ugh public or private action, of any historic resource, or of
any property located within a historic district, including, but not limited to, exterior changes to or modifications of
a structure or any of its architectural details or visual characteristics, including paint color and surface texture,
grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of
archeological sites or areas, and the placement or removal of any objects such as signs, plaques, light fixtures,
street furniture, walls, fences, steps, plantings, and landscape accessories affecting the histori c qualities of the
property.
B. A. "Commission" means the Historic Preservation Commission established by this title.
C. B. "Historic district" means any area which contains several historic resources or landmarks which have special
character or special historical value, or which represent one or more architectural periods or styles typical to the
history of the city. that has been designated a historic district. pursuant to this title.
D. C. "Historic landmark" means any property or portion of real property or improvement, manmade or natural,
which has special character or special unique historic, cultural, architectural, archeological, or community interest
or value as part of the development, heritage or history of the city, the state of California, or the nation, and that
has been designated as a historic landmark pursuant to this title.
BE. D. "Historic resource" means sites, places, areas, landscape, buildings, structures, signs, features, or other
objects or persons of scientific, aesthetic, educational, cultural, architectural, or historic significance to the
citizens of the city and includes historic landmarks and historic districts.
F. E. "Historic site" means any property, parcel or portion of real property, or improvement, man made or
natural, which has special character or special unique historic, cultural, archeological, paleontological,
architectural, community interest or aesthetic value as part of the history of the city, the state of California, or the
nation.
F. "Alteration" means~ny_change or modification, through public or private_action, of any historic resource_or_of ________ _
any property located within a historic district, including but not limited to, exterior changes to or modifications of,
a structure or any of its architectural details or visual characteristics, including paint color and surface texture,
grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of
archeological sites, or areas and the placement or removal of any objects such as signs, plaques, light fixtures,
street furniture, walls, fences, steps, plantings and landscape accessories affecting the historic qualities of the
property.
(Ord. NS-433 § 2 (part), 1997: Ord. NS-141 § 1, 1991; Ord. 9835 § 1, 1987; Ord. 9776 § 1 (part), 1985)
22.02.050 Review of environmental documents.
As part of the environmental review of development projects affecting historic structures, archeological or
paleontological sisters sites, as shown on the historic resources inventory or as identified in the environmental
study, the environmental documents shall be referred to the Historical Preservation Commission for review by the
developer. The Commission may review and comment upon the environmental documents of the referral. The
Commission shall comment within the public review time limits established by the California Environmental
Quality Act.
Commented [Office1]: Leave in this definition for Historic Site
but not Historic Points of Interest.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall
certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance
prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the __ _
day of ________ -2018, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the
of ________ ~ 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
£AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE, TITLE 22, CHAPTER 2206
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
SECTION 1: That Carlsbad Municipal Code, Title 22, Chapter 2206, is amended to read as follows:
Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS
Sections:
22.06.010 Establishment of historic resources inventory.
22.06.020 Criteria for historic resources inventory.
22.06.030 Historic site and landmark designation procedures.
22.06.040 Historic district designation procedures.
22.06.050 Withdrawal of property from historic site, historic landmark or historic district
designation.
22.06.010 Establishment of historic resources inventory
The City shall establish and adopt manage a historic resources inventory. Ord. NS-433 § 3 (part),
1997: Ord. NS-141
22.06.020 Criteria for historic resources inventory
A historic resource may be considered and approved by the City Council for inclusion in the
historic resources inventory with the written approval of the property owner, which approval may be
withdrawn by the property owner or subsequent property owner without penalty or cost by submitting
a request in writing to the City Manager. Inclusion of a property in the historic resources inventory shall
be based on one or more of the following:
A. It exemplifies or reflects special elements of the City's cultural, social, economic, political,
aesthetic, engineering or architectural history; or
B. It is identifies with persons or events significant in local, state or national history; or
C. It embodies distinctive characteristics of a style, type, period or method of construction, is a
valuable example of the use of indigenous materials or craftsmanship or is representative of
a notable work of an acclaimed building, designer or architect; or
D. It is an archaeological, paleontological, botanical, geological, topographical, ecological or
geographical site, which has the potential of yielding may yield information of scientific
value; or
E. It is a geographically definable area with a concentration of buildings, structures,
improvements or objects linked historically through location, design, setting, materials,
workmanship feeling and/or association in which the collective value of the improvements
may be greater than the value of each individual improvement. (Ord. NS-433 § 3 (part),
1997; Ord. NS-141 § 5, 1991; Ord. 9776 § (part), 1985)
22.06.030 Historic site and landmark designation procedures.
Historic sites and landmarks shall be established by the City Council in the following manner as
follows:
A. Any person, association, or agency may request the designation of a site, landscape feature,
or improvement as a historic site or historic landmark by submitting a written request for
such designation to the Historic Preservation Commission. The historic preservation
commission, Planning Commission, Design Review Board or City Council may also initiate
such proceedings by motion.
B. Any such request for a historic designation shall be filed with the development processing
department upon prescribed forms and shall include the following data:
1. Name and address of property owner;
2. Written consent of property owner;
3. Assessor's parcel number and address of site;
4. Legal description of the property including existing zoning and chain of title if
available;
5. Description of the proposed historic site or landmark, including special unique
aesthetic, cultural, archaeological, paleontological, architectural or engineering
interest of or value of a historic nature, including information about the
architecture, notable features, construction and any other information indicating
the historical significance of the site;
6. Sketches, photographs (recent or old) or drawings architectural renderings;
7. Statement of condition of structures and description of any known threats to the
improvement of the site;
8. Site plan to scale;
9. Description of proposed use;
10. Bibliography and references.
C. Within forty-five days of the date of the request, the Commission shall hold a public hearing
to review the proposed historic site or landmark application according to the criteria of
Section 22 .06.020.
D. Notice of the public hearing shall be given as provided in Section 21.54.060(2) of this code.
In addition, notice of the date, place, time and purpose of the hearing shall be mailed,
return receipt requested, to the owner of the proposed historic site or landmark property as
shown on the last equalize assessment role at least fourteen 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 equa lized assessment role shall not invalidate any
proceedings in connection with the proposed designation.
E. After the public hearing, the Commission shall by resolution make a report and
recommendation to the City Council. If the Commission determines that the improvement
does not meet landmark criteria, the process shall terminate and the Commission shall
notify the property owner of such termination in writing within ten days of the
Commission's determination. If the Commission determines that the resource warrants
historic site or landmark designation, then the Commission shall submit a written
recommendation to the City Council incorporating its reason in support of the proposed
designation.
F. The City Council shall hold a public hearing on the proposed historic designation within
thirty days of the receipt of the recommendation for by the Commission.
G. At the conclusion of the public hearing on the proposed designation, the City Council shall
by resolution designate or conditionally designate, or disapprove the designation of the
historic site or landmark. Written notice of the City Council action shall be mailed to the
property owner. (Ord. NS-433 § 3 (part), 1997; Ord. 9835 § (part), 1985)
22.06.040 Historic district designation procedures
Historic districts shall be established by the City Council in the following manner as follows:
A. The procedures for designating a historic district shall be the same as for designating a
historic landmark and a historic site except as otherwise provided in this section.
B. Any application for designation of a historic district shall be filed with the planning division
upon the prescribed form and shall include the following data:
1. Boundaries of the proposed district and a list of names and addresses of property
owners, 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;
3. Sketches, photographs or drawings architectura l renderings;
4. Statements of condition of structures and improvements within the district;
5. Explanation of any known threats to any cultural resource within the district;
6. Other information requested by the planning division.
C. All of the owners of property within the proposed district shall provide written consent for
the proposed designation.
D. If the Commission determines that the area does not warrant historic district designation, it
shall notify the property owners and applicant of such termination within fourteen days of
the Commission's determination.
E. 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 fourteen days of reaching its decision. Such
recommendation shall include a report containing the following:
1. A map showing the proposed boundaries of the historic district identifying all structures
within the boundaries;
2. An explanation of the significance of the proposed district and description of the
cultural 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. (Ord. NS-433 § 3 (part), 1997; Ord .
9776 § 1 (part), 1985)
22.06.050 Withdrawal of property from historic site, historic landmark or historic district designation
In the event a current property owner of property designated as a historic site, historic landmark or
located in a historic district decides to withdraw from any of these designations, the property owner
shall submit such a request in writing to the City Manager. Upon receipt of the request for withdrawal
from any of these designations, the City Manager or his designee, shall approve the request and forward
the request and a copy of his written approval to the Commission, which shall forward to the City
Council a written recommendation to revise the existing historic designation, and in the case of a
historic district designation, submit a revised map with revised boundaries for approval.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or
a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ AT A REGULAR MEETING OF THE Carlsbad City
Council on the dayof __________ 2018, and thereafter
PASSED AND ADOPTED AT A REGULAR MEETING OF THE City Council of the City
of Carlsbad on the _________ of ____________ __, 2018, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
ORDINANCE NO. --------
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING CARLSBAD MUNICIPAL CODE, TITLE 22, CHAPTER 22.08.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
SECTION I:
as follows:
That Carlsbad Municipal Code, Title 22, Chapter 22.08 is amended to read
"Chapter 22.08
PERMITS AND PERMIT PROCEDURES
Sections:
22.08.010 Permits to work on a historic site, 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.
22.08.010 Permits to work on historic site, historic landmark or historic district.
The permit process for work on historic site, historic landmark or district is as follows:
A. It is unlawful for any person to alter, tear down, demolish, construct, remove or relocate
any improvement, or any portion thereof which has been designated a historic site or historic
landmark, or which lies within a historic district, without first obtaining a no-fee permit from the
city building division.
B. No permit shall be necessary for ordinary maintenance and repair if the proposed work
will not alter or change the style, color, design, features of character of the site or area and a
permit is not required under Section 105.2 of the California Building Code, nor does this chapter
prevent the construction, reconstruction, alteration, restoration, demolition or removal of any
such feature when the building department certified to the Council that such action is required
for the public safety due to an unsafe or dangerous condition which cannot be rectified through
the use of the California Historical Building Code.
C. The permit required by this chapter shall be in addition to any other permit required for
a proposed project. (Ord. NS-433 § 4(part), 1997: Ord. 9776 § l(part), 1985)
22.08.020 Permit procedure.
The permit procedure for work on a historic site, landmark or district is as follows:
A. An application for a permit to do work at a historic site, historic landmark or in a historic
district shall be submitted to the development processing division on forms designated by the
city planner or Community & Economic Development director. Within thirty days from the
receipt of such complete application the Commission shall review the application and shall make
a written report to the City Council. The City Council shall hold a public hearing on the application
within thirty days of receipt of the commission report. Notice of the public hearing shall be given
as provided in Section 21.54.060(b) of this code.
B. At the conclusion of the public hearing on the permit application, the City Council shall,
by resolution, issue or deny, in whole or in part, any permit application.
22.08.030 Permit criteria.
The City Council shall issue a permit for any proposed work if, and only if, it determines:
A. In case of a designated historical site or historic landmark, that the proposed work would
not detrimentally alter, destroy or adversely affect any archeological, paleontological, or
landscape feature;
B. That any exterior improvements will not adversely affect and will be compatible with the
external appearance of existing designated improvements, building and structures on said site;
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. (Ord. NS-433 §
4 (part), 1997: Ord. 9776 § 1 (part), 1985).
22.08.040 Duty to keep in good repair.
The owner, occupant or other person legally responsible for a historic resource shall keep in
good repair all portions of such historic site, landmark or district as specified in the designating
ordinance or permit and all interior portions and appurtenances thereof whose maintenance is
necessary to prevent deterioration and decay of the resource. Failure to keep such property in
good repair may result, upon recommendation of the Historic Preservation Commission, in
removal from the list of historic resources. (Ord. NS-433 § 4 (part), 1997: Ord. 9776 § 1 (part),
1985)
22.08.050 Existing improvements.
All repairs, alterations, reconstructions, restorations or changes in the use of existing
improvements shall conform to the requirements of the California Historical Building Code. (Ord.
NS-433 § 4 (part), 1997: Ord. 9776 §1 (part), 1985).
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or
a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
on the ____ day of ________ 2018, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the of _________ , 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
ORDINANCE NO. •-------{ Formatted: Centered
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE TITLE 2 CHAPTER 2.42.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains a follows
SECTION I: That Carlsbad Municipal Code. Title ~2. Chapter 2.42 is amended to read
as follows:
:chapter 2.42 +----·-{ Formatted: Centered
HISTORIC PRESERVATION COMMISSION
Sections:
2.42.010 Create_d., ____________ --·-•--·-·-·-____ __ __________ _ ___________ _
2.42.020 Membership., ··->-~-:~-~~~ 6e~m of office. ______ ______________ _ ____ _________ ___ ·------------··· _______ \;·::.~:,,
. . u 1es. ______ ---------------•···---· _____ ____ _ __ _______ . __ ___________ __ ,
2.42.050 Rules and procedures. _____________________________________________________________ -,'::::::
2.42.01 O Created.
A historic preservation commission of the city is created.
(Ord. NS-433 § 1 (part), 1997)
2.42.020 Membership.
Membership on the historic preservation commission shall consist of the following:
f'>c __ f.jv~ _r_eg_u[ar_ n:i~n:iJJ.er~ _f!11_tj _ 9_1J~. -~x_ o_f1i~i9_ re_pf~_s~_nta_tiv_e -~appointed by t~~JJ!f! 1J n_i 11g
\ l \' \
\\/:· . "' \/·\
._
..
commission. All regular members of the commission must have knowledge of and a \··.
demonstrated interest in historic preservation and local history. ::r-hree-+w-O--ffi€ffiBElf-will--flave-a \.'
background or knowledge and expertise an interest in architecture, archaeology, history,
biology, engineering, geology. cultural anthropology, conservation. curation. planning. history
education. or a re lated field to the extent such proressionals are available in the community.
Formatted: Font color: Text 1
Field Code Changed
Formatted: Font color: Text I
Formatted: Font color: Text 1
Field Code Changed
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Formatted: Font color: Text 1
Formatted: Font color: Text I
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Field Code Changed
Formatted: Font: (Default) Arial, 11 pt
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Two Three All f~ive regular members w+II_ have _an interest in local_ history ane will serve_ at_ large __ .. --·{ Formatted: Font: (Default) Arial, 11 pt, Font color: Text 2
from the community with one of the-tflfee five. being a resident of the community for at least 20 . ______ .. Formatted: Font: (Default) Arial, 11 pt, Font color: Text 2
_.ye_a~~= •-----________________________________________________________________________ .. ____________________________ _
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
representative to serve as the ex officio representativenon-voting member.
(Ord. NS-433 § 1 (part), 1997)
2.42.030 Term of office.
Of the five members Of the commission first appointed, one member shall be appointed for three
years and t>No members shall be appointed for four years. The successors-Each of the
Formatted: Font: Not Italic
Formatted: Font: (Default) Arial, 11 pt
members of the commission shall be appointed for terms of four years. If a vacancy occurs ,,{ Formatted: Font: s pt, Do not check spelling or grammar
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NOV 2013FEB 2019
other than by expiration of a term, ii shall be filled by appointment by the city council for the
unexpired portion of the term. Each member shall hold office until reappointed or a successor is
appointed.
(Ord. NS-433 § 1 (part), 1997)
2.42.040 Duties.
Duties of the historic preservation commission are as follows:
A. The commission shall act in an advisory capacity to the city council, planning commission,
and housing commission, a Ad ~esig~ review board_ in_ all matters _relating_to _the identification,____________ Commented [551]: Design Review Board no longer exists
protection, retention, and preservation of historic resources as defiAed iA Chapter 22.02 of this
wee -within the city.
B. It shall be the responsibility of the commission to provide advice to the city council on the
following matters:
1. Establishing cCriteria for guidelines to be used in a comprehensive hls-lGfiG..survey§ of ----{ Formatted: Indent: Left: O"
properties within the city to identify historic resources as that term is defined in Chapter 22.02 of '-------------------~
this code -Gity;
2. +Re-QeesignaliD.900 ef historic resources;
3. Maintaining tl=!e-a record of the Carlsbad historic resources inventory adopted by the city
council;
4. Recommending the hire#ififlg of staff or consultants to conduct aperiodic comprehensive
survey§ of properties within the boundaries of the city to identify historic.resourcesal sites am:!
araas·
5. Pafl.iGipa-tioA iA aAd _EpromotiooParticipating and promoting in the -aoo-disseminalifillOOon af
public information, education, and interpretive programs pertaining to historic resources aH!feaS
aAe-s+les. to include the installation of ideAlifyiAg plaques or markers at historical resource sites
as may be appropriate;
6. CooperatiD.900 with local, county, state, and federal governments in pursuit of the objectives
of historic preservation; aM
7. Supporting the collection of oral, digital, an d document-based histories of local residents,
businesses, and community organizations as collected and preserved by the Carlsbad City
Library: and
+_§. Any other matter which the commission deems necessary to protect~ rustafiGal
resourcesthe historical resources and history of Carlsbad.
C. The commission shall be responsible for:
1. Publicizing and periodically updating S\¾f\ley-results of surveys and reports;
2. Maintaining a record of Carlsbad historic resources inventory;
3. Maintaining a list of organizations and resources specializing in historic preservation:
1J. Investigating and reporting to the city council on the use-ef-various federal, state, local, or
private funding sources available to promote historic preservation in the city;
~-ReRderin9-adv1ce-aAd gcuiElaAS&,-llpOA-~Ues-t--ef-t~Feperl,'--0Wf!er GF
GSGUPafll,-GR-th&+eStaratio A, a lie ralioA-,desar-atiOR;-la-REl5Gap~F-maiA-lenanoo-of-aRy
llisklfisa-1-area-Of-Sit&.-a-,J I t1tlf ___________________________________________________________________ _
a54. -Performing any other functions that may be designated by the city council.
(Ord. NS-433 § 1 (part), 1997)
2.42.050 Rules and procedure~-----------------------------. ----. --. -. -.. -. ----. ----. ---,,: __ ,.,-'
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NOV 2013FEB 2019
Formatted: Indent: Left: O"
Commented [PG2]: One of the proposed changes suggested by
Mick Calarco was to have the Commission share a list of
professionals in historic preservation. Rather than having the
Commission "select'' professionals for the list, I would recommend
that the Commission establish a policy for the "criteria" for
professionals who would like to be placed on a list maintained by
the Commission that could be provided to homeowners, but with a
caveat that the "professional" has met the Commission's minimum
standard to be placed on the list, but does not "endorse any of the
listed professionals," The intent of the Commission is simply to aid
homeowners in the search for a professional and the final decision
to hire a professional on the list is the sole responsibility of the
homeowner.
Formatted: Indent: Left: O"
Commented [PG3]: What is the Historic Preservation
Commission's current practice of retaining records of their
activities? Are the originals forwarded to the City Clerk while the
Commission maintains a copy? If not, shouldn't that be the practice
so if there is ever a Public Records Act request, the records of the
commission may be accessed more easily? Should the practice be
spelled out in the Rules and procedures?
Commented [SS4R3]: Ron, can you reply to this? Jack also
asked about our retention in his comments. Thanks. :,...----------------=< Formatted: Font: 8 pt, Do not check spelling or grammar
The historic preservation commission shall establish such rules, regulations, and procedures
consistent with this chapter for the transaction of business and shall keep a public record of its
resolutions, transactions, findings, and determinations.
(Ord. NS-433 § 1 (part}, 1997)
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of
the ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 20179, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the of • 20197, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL. Mayor
ATTEST:
+·····-{ Formatted: Tab stops: 3.9", Left
+·····-{ Formatted: Line spacing: single
,,-{ Formatted: Font: 8 pt, Do not check spelling or grammar
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NOV 2013FEB 2019
BARBARA ENGLESON, City Clerk
/1 Formatted: Font: 8 pt, Do not check spelling or grammar
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NOV 2013FEB 2019
ORDI NANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD.CALIFORNIA. AMENDING CARLSBAD MUNICIPAL
CODE. T ITLE 22.CHAPTER 22.02
NOW. THEREFORE. the City Council of the Citv of Carlsbad ordains as fo llows that:
•------{Formatted: Centered
Formatted: Justified, Indent: Left: 0.5", Right: -0.5",
Suppress line numbers
SECTION I: That Carlsbad Municipal Code. Title 22. Chapter 22.02 is amended to read as
::Chapter 22.02 GENERAL REGULATION AND ADMINTSTRA TION
Sections:
.f?_.9.2,0_19._ Shornitle. ___________ --· ----·----------------·---·---·--·---------· ............ ·-·· . _.--()=F=ie=ld=Co=d=e=C=h=an=g=e=d============(
J2.02.020 Purpose and intent. ________ ·-·-··· ________ ·-·-------________________________________ ·--->F=ie=ld=Co=d=e=C=h=an=g=e=d=============<
J2.02.030 Boundaries and areas of application. ·-·· -••-· ··--·. ·-·· _ ·-··-____ .... ____ -·--·-·-·· ____________ .. Field Code Changed 22.02.040 Definitions. ~========~-----------~
22.02.050 Re1·iew of environmental do~
22.02.050 Review of environmental documents.
22.02.010 Short title.
This title shall be known as the "historic preservation ordinance." Comf)liance with this chafJler
slmll be rnluntary.
(Ord. NS-433 § 2 (part), 1997: Orel. 9776 § l (part), 1985)
22.02.020 Purpose and intent.
It is the intent and purpose of this title to:
A. Effect and accomplish the protection, enhancement and perpetuation of historic resources
that 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 resources; ;c. Stabilize and-+mpro,·e JJr0fJerty value5-1 .. __ . .
C. Encourage private propertv owners to voluntarilv p¥articipate100 in citv·s historic
preservation program. by private properD· owners is voluntary and property owners may
withdraw from program at any time without penalty as proYided b1· Section 22.06.050.F of this
eede-c
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. Sh·engthen the economy of the city;
G. Promote the use of historic sites.~ atttl landmarks and districts for the education,
pleasure and welfare of the people of the city.
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (part), 1985)
[ Commented [snsl]: Remove per ACA
22.02.030 Boundaries and areas of application.
This title shall apply to all historic resources, publicly and privately owned, within the corporate
limits of the city.
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (part), 1985)
i:22.02.040 Definitions.!
For the purpose of this chapter, the following words and phrases shall have the following
meanings:
A. "Alteration" means anv change or modification. through public or pri vate action. of anv
historic resource. or ofiflny propertv located within a historic distrid. including. but not limited ...... -··
to. exterior chane:es to or modifications of a structure or any of its architectural details or visual
characteristics. includine: paint color and surface texture. e:radine:. surface paving. new structures.
cuttine: or removal of trees and other natural features. disturbances of archeological sites or areas.
and the placement or removal of anv objects such as signs. plagues. light fixtures. street
furniture. walls. fences. steps.~ plantine:s. and landscape accessories aftectine: the historic
qualities of the propertv.
!L_"Commission" means the historic preservation commission established ~y this title4b)'_th e.
city council in Chapter 2.42.
C. "Historic district" means anv area which contains several hi storic resources or landmarks
which have special character or special historical value. or which represent one or more
architectural periods or stvles tvpical to the historv of the city. that has been desie:nated a historic
district pursuant to this title.
D. "Historic landmark" means an y property or portion of real property or improvement
manmade or natural. which has special character or special historic. cultural. architectural.
archeological. or communitv interest or value as part of the development heritage or historv of
the citv the state of California or the nation. and that has been designated as a historic landmark
pursuant to this title.
Bf. "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 historie sites, historic points of ittterestttolh
historic landmarks and historic districts.
Commented [S52]: Ron, can you read through these definitions
to confirm? Thanks! District, landmark, resource, site ...
-{ Commented [PG3]:
Commented [S54]: Is this referring to Title 2.42 instead of 22?
Does this need to be made clear?
Commented [RKSR4]: Good catch!
-F. ''Historic site" means anv property. parcel or portion of real properh'. or improvement. ma
made or natural. which has special character or special historic. cultural. archeological.
paleonto loeoiealpaleontolog icaL architectural. communitv interest or aesthetic value as part of
the hi story of the city. the state of California. or the nation. C. "jl-Iistorie site" or ·'tristorie Qoint
of interest meatts iH½J' nro~parcel,,_ or portion of real property. or im13rovement manmade or
ttatura!. wruch has special cl1aracter or special h.istoric, cultural, archeologicaL paleontologieal.
architectural, eommunit)' interest or aesthetic Yal1:1e as part of the history of the ei.r.,· the state of
California or tl1e nation. 1. ........................... ·-····-· .. ··· ... -............................................ •····· Commented [Office6]: Leave in this definition for Historic Site
but not Historic Points of Interest. DC. '~Histori@ landn1ark" n1eans 8Af pro~erty or p0rti0n 0f real f)r0perty 0r in1pr0'.'en=1ent,
mannla€1e 0r 11ntl=lral~ •shiel: has special character €Jr 31:~ceial hist0rie~ eulhtral, nrehiteetural,
t:rehe0l0gieal~ 0r eomnun1ity llltor@st €ff value as part oftl=ie €le, elo~tt1ent, heritage or kistor/ of
the eity, th€l state of Cali~rnia, or lh_Afi@_€1 that lrns lioon €1esigR~ hislori@ lan€1tootek
pursuant te this title.
EQ. "Historic district" means any area w-ltich contains se\'ernl histori€--Fellources or lalid-mafks
which have special character or special historical value, or ·shich represent one or more
architectural periods or st)'les typical to the history of the city, that has been designated a historic
district pursuant to this title.
17:!:;. "Alteration" means any change or modification, through public or prirnle action, ofan)'
historic resource, or of!any pFOperty located within a historic dis!ricU ll_ch1_c)i1_1,g'-~~1_l_ll_C?l_l_i_~!i_te~_ _ ____ ---{commented [PG7J: ~----------------~ to,--e:,Horior changes lo or mod ifications of a structure or any of its architectural details or visual
characteristics, including paint color and surface te1<ture, grading, surface paving, new structures,
cutting or removal of trees and other natural features, disturbances of archeological sites or areas,
and the placement or removal of any objects such as signs, plaques, light fo,tures, street
furniture, 1,1,alls, fences, steps, plantings, ai,d landscape accessories affecting th e historic qualities
of the propefly-,
(Ord. NS-433 § 2 (part), 1997: Ord. NS-141 § I, 1991; Ord. 9835 § I, 1987; Ord. 9776 § I
(part), 1985)
~2.02.050 Re1·iew ofe1wironmental documents.
As part of the e1wironmental review of development pre:jects affecting l,istoric strnctures.
archeological or paleontological sites, as shown on the historic resources inventor~
iflent-i-Hed in the environment study. the environment documents shall be referred to the--ltisler-i€
preservation commission for review. Tl,e commission may rn1'iev,· and comment upon the
em·ironment documents of the referral. The commission shall comment ·Nithin the public re•,iew
time limits established by the Califomi,: environmental Quality Act.
(Ord. 1'/S <133 ~ 2 (part). 1997: Ord. J>JS l'I I ~ 2, 1991: Ord. 9776 ~ I (part). 1985Ji
22.02.050 Rev iew of environmental documents.
As part of the environmental review of development pro jects affecting historic structures,
archeological or paleontological~sites. as shown on the historic resources inventorv or as
identified in the environmental studv. the environmental documents shall be referred to the
historical preservation commiss ion for review. The commission may rev iew and comment upon
the environmental documents of the referra l. The commiss ion shall co mment within the public
review time lim its established bv the Cali fornia Environmental Oualitv Act.
EFFECTIVE DA TE: This ordinance shall be effective thirtv davs at1er its
adoption: and the citv clerk shall certify the adoption of this ordinance and cause the full text of
the ordinance or a summary of the ordinance prepared bv the Citv Attornev to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen davs after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Citv
Council on the dav of -201 -79. and thereafter
Commented [s11s8]: Remove per J\C/1. Planning Dept and/or
Pla11ning Commis..;ion could :ritiH u,;e HPC as a resource: !or it~m~ of
historic conci!in with,::Jul it b:ing '.'Ir it ten mto tlH: Cf'...lC
• --· --{ Formatted: Line spacing: Double
PASSED AND ADOPTED at a regular meeting of the Citv Council of the Citv of
Carlsbad on the of . 20 I 9'.1-. bv the fo llowing vote. to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BRE WER. Citv At1ornev
• -----{ Formatted: Right
______________ __,-1\i:l!....A-,_,-TT:;:,...,H-"-A_'-"_L::L::.::l\i::1,,_a-,'-"-",-.o-r------. -· · · --{ Formatted: Centered
ATTEST:
{ Formatted: Right
BARB ARA ENGLESON. Citv Clerk
· { Formatted: Centered
•-· ·· · · { Formatted: Line spacing: Double
ORDINAN CE NO. • ·· ·· •·i Formatted: Number of columns: 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE, TITLE 22, CHAPTER 22.06.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
Formatted: Left
Formatted: Left, Indent: Left: 0.5'', First line: 0.5''
•······i Formatted: Left
SECTION I: That Carlsbad Municipal Code. Title 22, Chapter 22.06 is amended to read as follows:
'.'.Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARl<S AND HISTORIC DISTRICTS
Sections:
22.06.010 Establishment of historic resources inventory.
22.06.020 Criteria for historic resources inventory.
22.06.030 Historic site and landmark _designation procedures.
~2.0e.040 Mistaric llBH'½Hf..if!Y!rest ElesigRatieR preceElwr-1
22.06.0<iiO Historic district designation -procedures.
22.06.050 Withdrawal of property from historic site, historic landmark or historic district designation.
22.06.010 Establishmenet of historic resources inventory.
The City shall establish and adopt a historic resources inventory. (Ord. NS-433 §3 (part), 1997: Ord. NS-141
§4m 1991: Ord. 9776 §1 (part), 1985)
22.06.020 Criteria for historic resources inventory.
in ente .r
A historic resource may be considered and approved by council for inclusion in the historic resources inventory
with the written approval of the property owner, which approval maywukl be withdrawn by the property owner
or subsequent property owner without penalty or cost, by submitting a request in writing to the city manager
EOffifflission. Inclusion of a property in the historic resources inventory shall be -aRG-based on one or more of
the following:
A. It exemplifie¥1 or reflects special elements of the city's cultural, social, economic, political, aesthetic,
engineering or architectural history; or
B. It is identified with persons or events significant in local, state or national history; or
C. It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable
example of the use of indigenous materials or craftsmanship or is representative of a notable work of an
Commented [S51]: Historic point of interest is not
included in 22.02 definitions nor in following section and
should be deleted from this top section
Formatted: Indent: Left: 0", First line: 0"
Formatted: Left, Indent: Left: 0", First line: 0"
acclaimed building, designer or architect; or , Commented [S52]: Legally appropriate to change to "may
D. It is an archaeological, paleontological, botanical geological topographical, ecological or geographical site / >y=ie=l=d·=· ?=?================(
which jhas the potential of yielding information [CJf _s_ci~_ri!i_fi~_\/a!u_e; o_~ _ _ _ "/ -• [ Commented [RK3R2]: It's okay.
C:\Users\daali\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PHN4V4V6\Chapter 22-06 red line for HPC mtg 2-11-
19.docxC:\1 tsers\rhemp\ apaQata\ LeeaP ~1iereseh':WiAele s\+em@efaf} IAternet Files\CeAtCAt.0utleek\9SMGll7S4\Chaptef 22 OB FeelliAe fer HPC mtg
~F:\MISTORIC PR~S COM~4\0FeliAance\fiAals\3 14 Reel Jine--C-h-apter 22.00:8-&€-M
E. It is a geographically definable area with a concentration of buildings, structures, improve-ments, or
objects linked historically through loca-tion, design, setting, materials, workmanship, ~eeling and/or association,!
[in __ VJhJ~h th_e collectil,e value of the im_pro_vem_1:n~s _may_ be_ weater !~~n _t_he value ?f e_ac~_ individual
improvement. (Ord. NS-433 § 3 (part), 1997; Ord. NS-141 § 5, 1991; Ord. 9776 § 1 (part), 1985)
•22.06.030 !Historic site and landmark d~signation procedures
Historic sites and landmarks shall be established by the city council in the following manner:
A. Any person, association, or agency may request the designation of a site, landscape feature, or
improvement as a historic site or historic landmark by submitting a written request for such designation to the
historic preservation commission. The historic preservation commission, planning commission, ElesigA review
bearfl,or city council may also initiate such proceed ings by motion.
B. Any such request shall be filed with the development processing department upon pre-scribed forms
and shall include the following data:
.!,_Name and address of property owner and assessor's parcel number and address of site;
-l.2. Written consent of the property owner.
;!.J,_Description of the proposed historic site or landmark, including special aesthetic, cultural,
archaeological, paleontological, architectural, or engineering interest or value off a historic nature, including
information about the architecture, notable features, construction and other information indicating the
historical significance of the site;
34,Sketches, photographs, architectural renderings. and/-or drawings;
4.~Statement of condition of structures;
~§_,_Explanation of any known threats to the improvement of the site.
e.L,Additional information:
a.
b.
c.
d.
e.
f.
g.
Site plan in appropriate scale;
Legal description of the property;
Photographs, old and recent;
Proposed use;
Exi~ting zoning;
Bibliography and references;
Chain of title, if available;
C. Within forty-five days of the date of the request. the commission shall hold a public hearing to review•
the historic site or landmark application according to the criteria of Section 22.06.020.
D. Notice of the public hearing shall be given as provided in Section 21.54.060(2) of this code. In addition,•
notice of the date, place, time and purpose of the hearing shall be mailed, return receipt requested, to the owner
of the proposed historic site or landmark property as shown on the last equalizeg assessment role at least
fourteen 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 latestiequalized assessment~sh_all no_t_ inva_lidat_e any_proceeding_s
in connection with the proposed designation.
E. After the public hearing, the commission shall by resolution make a report and recommend-dation to
the city council. If the commission de-termines that the improvement does not meet historic site or land-mark
criteria, the process shall terminate and the commission shall notify the property owner anEI af)f)licant of such
termination in writing within ten days of the commission's determination. If the commission determines that
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Commented [5S4]: Two comm1ss1oners commented on
the need for this phrase. What do you thmk?
Commented [RKSR4]: I don't think there is a legal
requirement for this wording. If they decide to delete it, it's
ok.
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Commented [PG6]:
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Left+ Not at 0.25"
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Commented [557]: Anne has asked if the two uses of this
phrase in this paragraph are current and appropriate
'[ Commented [RK8R7]: Leave as is
the resource warrants historic site or historic site or landmark designation ans the J)roJ)erty owner has
consentes to same in writing, then the commission shall submit a written recommendation to the city council
incorporating its reason in support of the proposed designation. Without the JJFOJ)erty 01«ner's rnnsent to the
JJFOJJoses sesignation, a site shall not ee sesignates a historic site or lansmark. Permits shall ee requires to
•1•ork on a sesignates historic lansmark as sJJecifies in ChaJJter 22.08 of this rnse. Permit fees shall ee
establishes ey resolution of the city council.
F. The city council shall hold a public hearing on the proposed historic designation within thirty days of the
receipt of the recommendation mf.from the commission.
G. At the conclusion of the public hearing on the proposed designation, the city council shall by resolution,
designate or conditionally designate, or disapprove the designation of the historic site or landmark. Written
notice of the city council action shall m=be mailed to the property owner. (Ord. NS-433 § 3 (part), 1997; Ord.
9835 § 2, 1987; Ord. 9776 § 1 (part), 1985)
22.0li.040 Mistarie point af interest Elesignatian praeea11res.
Historic poink oNnterest shflll be estflblished by the citv co until in the fol/01•Jinq mflnReR
AnypeFSon. flSSOEifl#on. or flqency mfly ,=equest the desiqnfltio,;, of fl site, lflndscflpe fefltu,=e1 or improvement
flS fl historic point of interest by subm ittinq a written request for such desiqnation to #1e h isto •,'c presenotion
commission. The historic preser'o'ation rnmmission, p,lann,inq rnmmission. design re1~ew bow d. or city count.ii
may a/5o initiate such proceedinqs by motion,
AR)' such request shaU inElude the foUowinq data;
Name and address afproperty avmer.
I)esc,<iptian af the prapased histaric site or structure, ine!udinq special aesthe#r. eu!tur91 archfleoloqieab
paleantalaq,ieal arehitertu,<Q.~ er en~ inte.•est er 'o'alue at fl hista,<ie nature, including
in/ormQtian about tile fl<c'1iteetu<e notflble [efltu<es, canst<uction and ot'1e• info•matian indicatinq the
histariea! siqnif.icanee af the site,
/2hatoql'Qflhs. old and ,=ecent. if a'o'ailable,
Jf __ t_hl!_ -~!~tari~ _ _prl!mvation _ _e_oRlrniss!an _ Elete_r!!"in_l!s _t_~~t __ t~e _e~o_ee_rt•t _ meets the reg11irernent for the
~natian1 anEI with the propert't• 01oner's consent the histarie preseruation cornrnissian ,, .. ill s11brnit a
recornrnenElatian to the cit'{ ca11ncil ta Elesignate the site as a historic paint of interest and aEIEI it ta the
historic resa11rce in•.•entor'(
.'{'!t~_the_ _eon~_en!_'!f th_e W'!Pef!l'. '!.•~•ner, the_ his_torjc pces~n•atio11 _EOl'llm,issjon 11101( eof11mi~sion .8: pla9ue or
ma1<.~er for #1e site
The desiqnation does nat require other than the standa,<d pe,<mits fo• alterations er demolition, etc.; howe'o'er,
a pub.lie notice afthe planned alterations will be required.
22.06.040--0S40 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 site or
landmark, except as otherwise provided in this section.
B. Any application for designation of a historic district shall be filed with the planning division upon the
prescribed form and shall include the following data:
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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;
3. Sketches, photographs. architectural renderings. and/-or drawings;
4. Statement1 of condition of structures and im-provements within the district;
5. Explanation of any known threats to any cultu-ral resource within the district;
6. Other information requested by the planning division.
h l.t-.¥twritten consent ehl611 of the owners of property within the proposed district shall provide wrilten
consent to the proposed designation,
G,D. If the commission determines that the area does not warrant historic district designation. it shall i£..net
otitained at U1e time of the historic 13reservation commission hearing, the 13rocess shall terminate and the
commission shall notify the property owners and applicant of such termination within fourteen days of the
commission's determination.
9.L_ If the commission determines that the area warrants historic district designation, it shall submit a
written recommendation to the city council in-corporating its reasons in support of the proposed historic district
designation, within fourteen days of reaching its decision. Such recommendation shall include a report
containing the following information:
1. A map showing the proposed boundaries of the historic district identifying all structures within the
boundaries;
2. An explanation of the significance of the proposed district and description of the cultural resources
within the proposed boundaries;
L_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. (Ord. NS-
433 §3 (part), 1997; Ord. 9776 § 1 (part), 1985)
22.06.050 Withdrawal of property from historic site. historic landmark or historic district designation +, __ _
____;,, In ;he event a current property owner of property designated as historic site .. historic landmark o~in a+''~·-. '•:,
historic district decides to withdraw from the historic site. historic landma rk or district designation. the property \ \,
owner shall submit 5t!€1l-a request in writing to the city manager. Upon receipt of such request the city manager.
or his designee. shall approve the request and forward the request and a copy of his written approval to the
commission. who shall forward to the city council a written recommendation to revise the existing historic
designation. and in the case of a historic district submit a revised map with revised boundaries for approvalAG.
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No bullets or numbering
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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.
•·-·--·j Formatted: Indent: Left: 0.5", First line: 0.5''
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l",
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the day of 201 9+, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the of , 201 9+, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER. City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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+------Formatted: Normal, No bullets or numbering
.,ORDINANCE NO. ______________________________________________________________ +>•<i>=Fo=r=m=a=tt=ed=:=F=on=t=: 1=2=p=t==========<
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING CARLSBAD MUNICIPAL CODE, TITLE 22, CHAPTER 22.08.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
SECTION I:
as follows:
Sections:
That Carlsbad Municipal Code, Title 22, Cha pter 22.08 is amended to read
"Chapter 22.08
PERMITS AND PERMIT PROCEDURES
Formatted: Number of columns: 1
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22.08.010 Permits to work on a -historic site, historic.._landmark or_historic district. ___________ .-----·( Formatted: Font 12 pt ~---------------~ 22.08.020 Permit procedure.
22.08.030 Permit criteria.
22.08.040 Duty to keep in good repair.
22.08.050 Existing improvements.
22.08.010 Permits to work on a historic~ resowrce, ~historic site, historicJ andmark or ____ -----{ Formatted: Font 12 pt
historic district. ·--,.F=o=r=m=at=t=ed=:=F=on=t=: 1=2=p=t=========-=<
The permit process for work on historic~ resources historic site, historicJandmark or district _______ Formatted: Font 12 pt
is as follows: ~-----~----------~
A. It is unlawful for any person to alter, tear down, demolish, construct, remove or relocate
any improvement, or any portion thereof which has been designated a historic ~site or
historic l!l_risJ_r_r:ia_r~~-O!_""_h~~~-!i~_s-""!t~_i_ri_~_~_i_s_~?!i~_~_i_s_~Ci_c_~,_.""!~~o_ut_~i!_5_~_?~~~!~_i!7(;_a __ rio_-_f_e~_.fl~r-~~~-,::··-{>=F=o=rm=at=te=d=:=Fo=n=t=l=2=p=t =========-
from the city building department division. ·--1 Formatted: Font 12 pt
B. No permit shall be necessary for ordinary maintenance and repair if the proposed work
will not alter or change the style, color, design, features of character of the site or area and a
permit is not required under Section 301(b) of the Uniform Building Section 105.2 of the
California Building Code, nor does this chapter prevent the construction, reconstruction,
alteration, restoration, demolition or removal of any such feature when the building department
certified to the council that such action is required for the public safety due to an unsafe or
dangerous condition which cannot be rectified through the use of the California Historical
Building Code.
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~---------------~
_,,[ Formatted: Font Bold
L_ The permit required by this chapter shall be in addition to any other permit required for
a proposed project. {Ord. NS-433 § 4{part), 1997: Ord. 9776 § l{part), 1985)
•··········-····-···-·····-·-·······---···-----·--·--•--·-·-·---·-·-·-···-·----·-·---·-···-----------·----·-· •-:-~---·{~F=o=r=m=at=te=d=:=Fo=n=t=: 1=2=p=t===================< --~
22.08.020 Permit procedure.
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numbering
The permit procedure for work on .2._historic resource site,site.Jandmark_or district is as_follows: __ .----{ Formatted: Font: 12 pt >==================================<
A. An application for a permit to do work at a historic site, historic~landmark historic site,or _.--···{ Formatted: Font: 12 pt ~====================-----~
in a historic district,Bf-0fi a historical landmark shall be submitted to the development processing
division on forms designated by the illY..___planning planner or Community & Economic
Development director. Within thirty days from the receipt of such complete application the
commission shall review the application and shall make a written report to the city council. The
city council shall hold a public hearing on the application within thirty days of receipt of the
commission report. Notice of the public hearing shall be given as provided in Section
21.54.060{b) of this code.
B. At the conclusion of the public hearing on the permit application, the city council shall, by
resolution, issue or deny, in whole or in part, any permit application .
.:. /\ny property ovmer whose property is designated a historic site orresource landmarl1 or
is located withi n a historic district may •,•oluntarily have their property remo•,•ed from the list of
historic resources upon a request in writing to the historic preservation commission. (Ord. ~JS
e7e §15, 2003; Ord. ~JS 433 § 4(part), 1997: Ord. 9776 § 1 (part), 1985)
22.08.030 Permit criteria.
The city council shall issue a permit for any proposed work if, and only if, it determines:
A. In case of a designated historical site or historic 5i-telandmark,_ that the proposed_ work __ .. --·{ Formatted: Font: 12 pt ~-----~---------~ would not detrimentally alter, destroy or adversely affect any archeological, paleontological, or
landscape feature;
B. That any exterior improvements will not adversely affect and will be compatible with the
external appearance of existing designated improvements, building and structures on said site;
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. {Ord . NS-433 §
4 {part), 1997: Ord. 9776 § 1 {part), 1985).
22.08.4049._._.Duty to. keep _in .good_repair ·--------· -·. __ .. --·-. _ ·----·-___ . --· _. _. -· -· ··-. --· __ .. ·---------·-.· .--·{~F_o_rm_at_te_d_: _Fo_n_t:_1_2~p_t ---------~
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,,A Formatted: Font: Bold
The owner, occupant or other person legally responsible for a historic resource shall keep in
good repair all portions of such historic site -~i_t_~~-!<l_n~_'!l<l!_~~-~~-~i-~~~i-~~_<l_s_?J:J~-~~fj~~--i_ri __ t_~~-_.----{ Formatted: Font: 12 pt '-------~------------designating ordinance or permit and all interior portions and appurtenances thereof whose
maintenance is necessary to prevent deterioration and decay of the resource. Failure to keep
such property in good repair may result, upon recommendation of the historic preservation
commission, in removal from the list of historic resources. (Ord. NS-433 § 4 (part), 1997: Ord.
9776 § 1 (part), 1985)
•------------------------------------------------------------------------------------------------------------------------------i~F_o_rm_at_te_d_:_Fo_n_t:_1_2~p_t _________ ~
22.08.050 Existing improvements.
All repairs, alterations, reconstructions, restorations or changes in the use of existing
improvements shall conform to the requirements of the California Historical Building Code. (Ord.
NS-433 § 4 (part), 1997: Ord. 9776 §1 (part), 1985).
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the •:------Formatted: Font: +Body (Calibri) ._ _______________________________________________________ -------------------------------------------------------->----===="'=======---=<
Formatted: Indent: First line: 0.5"
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 ci rculation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
=o~n~t~h=e ____ =da=y~of~--------~-2~0=1=9~&+.,.._.,.,,_,_""a-'"'"ri~.,,-""_t_h'"'"-~"-=-r""-~'e'<l_.,,~..,-~'""~--------------------------------------{ Formatted: Font: +Body (Calibri)
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
~C=a~rl=sb=a~d~o=n~th_e ____ o_f ---------~· 2_0_1_9_&+.,. ,.,,, =b..,_y~t=h=e -~fo=l=lo~w=·=in,.,,g.,..,_ v=o~t.,..,e,..,.,_ t=o=w=it: ___________ .---{ Formatted: Font: +Body (Calibri)
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
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_.,[ Formatted: Font: Bold
CELIA A. BREWER, City Attorney
___ ·------___ . _. ______________________ ·-___ +_;-.._.-•--~-{ Formatted: Font: +Body (Calibri)
__________________ .,.~""-..,f:',_""'Tf"" __ ,.._H"" __ A'e'_,,._L_~LL;,.,_M,... __ ee9"'X""C!-e-!. _______________________ _. •• .__-Formatted: Left, Indent: Left: 3.5", First line: 0.5''
•· ... ' Formatted: Font: + Body (Calibri)
ATTEST: ',1 Formatted: Font: + Body (Calibri)
--=-=-=--=-=--=-=--=-=-=-==-=-=-=--=--=-=--=-=-=--=-=--=-==-__ ----{ Formatted: Font: +Body (Calibri)
BARBARA ENGLESON, City Clerk
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+------{ Formatted: Centered, Indent: Left: 3.5"
_,,[ Formatted: Font: Bold
ORDINANCE NO. -------
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE, TITLE 2, CHAPTER 2.42.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains a follows
that:
SECTION I: That Carlsbad Municipal Code, Title 2, Chapter 2.42 is amended to read
as follows:
"Chapter 2.42
HISTORIC PRESERVATION COMMISSION
Sections:
2.42.01 O Created.
2.42.020 Membership.
2.42.030 Term of office.
2.42.040 Duties.
2.42.050 Rules and procedures.
2.42.010 Created.
A historic preservation commission of the city is created.
(Ord. NS-433 § 1 (part), 1997)
2.42.020 Membership.
Membership on the historic preservation commission shall consist of the following:
A. Five regular members and one ex officio representative appointed by the planning
commission. All regular members of the commission must have knowledge of and a
demonstrated interest in historic preservation and local history. All five regular members will
serve at large from the community with one of the five being a resident of the community for at
least 20 years.
B. All members of the commission must be Carlsbad residents and registered voters. The ex
officio representative shall not be entitled to a vote. Appointment to the historic preservation
commission shall be made by the city council. The planning commission shall appoint a
representative to serve as the ex officio non-voting member.
(Ord. NS-433 § 1 (part), 1997)
2.42.030 Term of office.
Each of the members of the commission shall be appointed for terms of four years. If a vacancy
occurs other than by expiration of a term, it shall be filled by appointment by the city council for
the unexpired portion of the term. Each member shall hold office until reappointed or a
successor is appointed.
(Ord. NS-433 § 1 (part), 1997)
2.42.040 Duties.
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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 commissionin all matters relating to the identification, protection, retention, and
preservation of historic resources within the city.
8 . It shall be the responsibility of the commission to provide advice to the city council on the
following matters:
1. Establishing criteria for guidelines to be used in comprehensive surveys of properties within
the city to identify historic resources as that term is defined in Chapter 22.02 of this code ;
2. Designating historic resources;
3. Maintaining a record of the Carlsbad historic resources inventory adopted by the city
council;
4. Recommending the hire of staff or consultants to conduct periodic comprehensive surveys
of properties within the boundaries of the city to identify historic.resources;
5. Participating and promoting in the dissemination public information, education, and
interpretive programs pertaining to historic resources , to include the installation of plaques or
markers at historical resource sites as may be appropriate;
6 . Cooperating with local, county, state, and federal governments in pursuit of the objectives of
historic preservation;
7. Supporting the collection of oral, digital, and document-based histories of local residents,
businesses, and community organizations as collected and preserved by the Carlsbad City
Library; and
8. Any other matter which the commission deems necessary to protect the the historical
resources and history of Carlsbad.
C. The commission shall be responsible for:
1. Publicizing and periodically updating results of surveys and reports;
2. Maintaining a record of Carlsbad historic resources inventory;
3. Maintaining a list of organizations and resources specializing in historic preservation;
4. Investigating and reporting to the city council on the various federal, state, local, or private
funding sources available to promote historic preservation in the city;
5. Performing any other functions that may be designated by the city council.
(Ord. NS-433 § 1 (part), 1997)
2.42.050 Rules and procedures.
The historic preservation commission shall establish such rules, regulations, and procedures
consistent with this chapter for the transaction of business and shall keep a public record of its
resolutions, transactions, findings, and determinations.
(Ord. NS-433 § 1 (part), 1997)
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of
the ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after
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FEB 2019
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the __ day of __________ 2019, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the ____ of __________ , 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MA TT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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FEB 2019
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD,CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE, TITLE 22,CHAPTER 22.02
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
SECTION I: That Carlsbad Municipal Code, Title 22, Chapter 22.02 is amended to read as
follows:
"Chapter 22.02 GENERAL REGULATION AND ADMINISTRATION
Sections:
22.02.010 Short title.
22.02.020 Pmpose and intent.
22.02.030 Boundaries and areas of application.
22.02.040 Definitions.
22.02.050 Review of environmental documents.
22.02.010 Shorttitle.
This title shall be known as the "historic preservation ordinance."
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (part), 1985)
22.02.020 Purpose and intent.
It is the intent and purpose of this title to:
A. Effect and accomplish the protection, enhancement and perpetuation of historic resources
that 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 resources;
C. Encourage private property owners to voluntarily participate in city's historic preservation
program.
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 historic sites, landmarks and districts for the education, pleasure and welfare of
the people of the city.
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (part), 1985)
22.02.030 Boundaries and areas of application.
This title shall apply to all historic resources, publicly and privately owned, within the corporate
limits of the city.
(Ord. NS-433 § 2 (part), 1997: Ord. 9776 § 1 (pmt), 1985)
22.02.040 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following
meanmgs:
A. "Alteration" means any change or modification, tlu·ough public or private action, of any
historic resource, or of any property located within a historic district, including, but not limited
to , exterior changes to or modifications of a structure or any of its architectural details or visual
characteristics, including paint color and surface texture, grading, surface paving, new structures,
cutting or removal of trees and other natural features, disturbances of archeological sites or areas,
and the placement or removal of any objects such as signs, plaques, light fixtures, street
furniture, walls, fences, steps, plantings, and landscape accessories affecting the historic qualities
of the property.
B. "Commission" means the historic preservation commission established by this title.by the
city council in Chapter 2.42.
C. "Historic district" means any area which contains several historic resources or landmarks
which have special character or special historical value, or which represent one or more
architectural periods or styles typical to the history of the city, that has been designated a historic
district pursuant to this title.
D. "Historic landmark" means any property or p01tion ofreal property or improvement,
manmade or natural, which has special character or special historic, cultural, architectural,
archeological, or conununity interest or value as part of the development, heritage or history of
the city, the state of California, or the nation, and that has been designated as a historic landmark
pursuant to this title.
BE. "Historic resource" means sites, places, areas, landscape, buildings, structures, signs,
features, or other objects of scientific, aesthetic, educational, cultural, architectural, or historic
significance to the citizens of the city and includes historic landmarks and historic districts.
F. "Historic site" means any property, parcel or p01tion of real prope1ty, or improvement, ma
made or natural, which has special character or special historic, cultural, archeological,
paleontological, architectural, community interest or aesthetic value as part of the history of the
city, the state of California, or the nation.
(Ord. NS-433 § 2 (pmt), 1997: Ord. NS-141 § 1, 1991; Ord. 9835 § I, 1987; Ord. 9776 § 1
(pmt), 1985)
22.02.050 Review of environmental documents.
As part of the environmental review of development projects affecting historic structures,
archeological or paleontologicalsites, as shown on the historic resources inventory or as
identified in the envirorunental study, the environmental documents shall be referred to the
historical preservation commission for review. The commission may review and comment upon
the environmental documents of the referral. The commission shall comment within the public
review time limits established by the California Environmental Quality Act.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall ce1tify the adoption of this ordinance and cause the full text of
the ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the ___ day of ________ -2019, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the
AYES:
of _________ , 2019, by the following vote, to wit:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MA TT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
that:
ORDINANCE NO. ____ _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE, TITLE 22, CHAPTER 22.06.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
SECTION I: That Carlsbad Municipal Code, Title 22, Chapter 22.06 is amended to read as follows:
"Chapter 22.06
HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS
Sections:
22.06.010 Establishment of historic resources inventory.
22.06.020 Criteria for historic resources inventory.
22.06.030 Historic site and landmark designation procedures.
22.06.040 Historic district designation procedures.
22.06.050 Withdrawal of property from historic site, historic landmark or historic district designation.
22.06.010 Establishment of historic resources inventory.
The City shall establish and adopt a historic resources inventory.(Ord. NS-433 §3 (part), 1997: Ord. NS-141
§4m 1991: Ord. 9776 §1 (part), 1985)
22.06.020 Criteria for historic resources inventory
A historic resource may be considered and approved by council for inclusion in the historic resources inventory
with the written approval of the property owner, which approval may be withdrawn by the property owner or
subsequent property owner without penalty or cost by submitting a request in writing to the city manager .
Inclusion of a property in the historic resources inventory shall be based on one or more of the following:
A. It exemplifies or reflects special elements of the city1s cultural, social, economic, political, aesthetic,
engineering or architectural history; or
B. It is identified with persons or events significant in local, state or national history; or
C. It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable
example of the use of indigenous materials or craftsmanship or is representative of a notable work of an
acclaimed building, designer or architect; or
D. It is an archaeological, paleontological, botanical geological topographical, ecological or geographical site
which has the potential of yielding information of scientific value; or
E. It is a geographically definable area with a concentration of buildings, structures, improvements, or objects
linked historically through location, design, setting, materials, workmanship, feeling and/or association, in which
the collective value of the improvements may be greater than the value of each individual improvement. (Ord.
NS-433 § 3 (part), 1997; Ord. NS-141 § 5, 1991; Ord. 9776 § 1 (part), 1985)
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22.06.030 Historic site and landmark designation procedures.
Historic sites and landmarks shall be established by the city council in the following manner:
A. Any person, association, or agency may request the designation of a site, landscape feature, or
improvement as a historic site or historic landmark by submitting a written request for such designation to the
historic preservation commission. The historic preservation commission, planning commission, or city council
may also initiate such proceedings by motion.
B. Any such request shall be filed with the development processing department upon prescribed forms and
shall include the following data:
1. Name and address of property owner and assessor's parcel number and address of site;
2. Written consent of the property owner.
3. Description of the proposed historic site or landmark, 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
historical significance of the site;
4. Sketches, photographs, architectural renderings, and/or drawings;
5. Statement of condition of structures;
6.
7.
a.
b.
C.
d.
e.
f.
g.
Explanation of any known threats to the improvement of the site.
Additional information:
Site plan in appropriate scale;
Legal description of the property;
Photographs, old and recent;
Proposed use;
Existing zoning;
Bibliography and references;
Chain of title, if available;
C. Within forty-five days of the date of the request, the commission shall hold a public hearing to review
the historic site or landmark application according to the criteria of Section 22.06.020.
D. Notice of the public hearing shall be given as provided in Section 21.54.060(2) of this code. In addition,
notice ofthe date, place, time and purpose of the hearing shall be mailed, return receipt requested, to the owner
of the proposed historic site or landmark property as shown on the last equalized assessment role at least
fourteen 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 roll shall not invalidate any proceedings in
connection with the proposed designation.
E. After the public hearing, the commission shall by resolution make a report and recommenddation to the
city council. If the commission determines that the improvement does not meet historic site or landmark
criteria, the process shall terminate and the commission shall notify the property owner of such termination in
writing within ten days of the commission's determination. If the commission determines that the resource
warrants historic site or landmark designation, then the commission shall submit a written recommendation to
the city council incorporating its reason in support of the proposed designation.
F. The city council shall hold a public hearing on the proposed historic designation within thirty days of the
receipt of the recommendation from the commission.
G. At the conclusion of the public hearing on the proposed designation, the city council shall by resolution,
designate or conditionally designate, or disapprove the designation of the historic site or landmark. Written
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notice of the city council action shall be mailed to the property owner. (Ord. NS-433 § 3 (part), 1997; Ord. 9835
§ 2, 1987; Ord . 9776 § 1 (part), 1985)
22.06.040 Historic district designation procedures.
Historic districts shall be established by the city council in the following manner:
A. The procedures for designating a historic district shall be the same as for designating a historic site or
landmark, except as otherwise provided in this section.
B. Any application for designation of a historic district shall be filed with the planning division upon the
prescribed form and shall include the following data:
1. Boundaries of the proposed district and a list of names and addresses of property owners, 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;
3. Sketches, photographs, architectural renderings, and/or drawings;
4. Statement4 of condition of structures and improvements within the district;
5. Explanation of any known threats to any cultural resource within the district;
6. Other information requested by the planning division.
C. All of the owners of property within the proposed district shall provide written consent to the proposed
designation.
D. If the commission determines that the area does not warrant historic district designation, it shall notify the
property owners and applicant of such termination within fourteen days of the commission's determination.
E. 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 fourteen days of reaching its decision. Such recommendation shall include a report
containing the following information:
1. A map showing the proposed boundaries of the historic district identifying all structures within the
boundaries;
2. An explanation of the significance of the proposed district and description of the cultural 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. (Ord. NS-
433 §3 (part), 1997; Ord. 9776 § 1 (part), 1985)
22.06.050 Withdrawal of property from historic site, historic landmark or historic district designation
In the event a current property owner of property designated as historic site,, historic landmark or in a
historic district decides to withdraw from the historic site, historic landmark or district designation, the property
owner shall submit a request in writing to the city manager. Upon receipt of such request the city manager, or
his designee, shall approve the request and forward the request and a copy of his written approval to the
commission, who shall forward to the city council a written recommendation to revise the existing historic
designation, and in the case of a historic district submit a revised map with revised boundaries for approval.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of
the ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the __ day of __________ 2019, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the ____ of __________ , 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MA TT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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ORDINANCE NO. --------
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING CARLSBAD MUNICIPAL CODE, TITLE 22, CHAPTER 22.08.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
that:
SECTION I:
as follows:
That Carlsbad Municipal Code, Title 22, Chapter 22.08 is amended to read
"Chapter 22.08
PERMITS AND PERMIT PROCEDURES
Sections:
22.08.010 Permits to work on a historic site, 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.
22.08.010 Permits to work on a historic site, historic landmark or historic district.
The permit process for work on historic site, historic landmark or district is as follows:
A. It is unlawful for any person to alter, tear down, demolish, construct, remove or relocate
any improvement, or any portion thereof which has been designated a historic site or historic
landmark, or which lies within a historic district, without first obtaining a no-fee permit from the
city building division.
B. No permit shall be necessary for ordinary maintenance and repair if the proposed work
will not alter or change the style, color, design, features of character of the site or area and a
permit is not required under Section 105.2 of the California Building Code, nor does this chapter
prevent the construction, reconstruction, alteration, restoration, demolition or removal of any
such feature when the building department certified to the council that such action is required
for the public safety due to an unsafe or dangerous condition which cannot be rectified through
the use of the California Historical Building Code.
C. The permit required by this chapter shall be in addition to any other permit required for
a proposed project. (Ord. NS-433 § 4(part), 1997: Ord. 9776 § l(part), 1985}
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22.08.020 Permit procedure.
The permit procedure for work on a historic site, landmark or district is as follows:
A. An application for a permit to do work at a historic site, historic landmark or in a historic
district shall be submitted to the development processing division on forms designated by the
city planner or Community & Economic Development director. Within thirty days from the
receipt of such complete application the commission shall review the application and shall make
a written report to the city council. The city council shall hold a public hearing on the application
within thirty days of receipt of the commission report. Notice of the public hearing shall be given
as provided in Section 21.54.060(b) of this code.
B. At the conclusion of the public hearing on the permit application, the city council shall, by
resolution, issue or deny, in whole or in part, any permit application.
22.08.030 Permit criteria.
The city council shall issue a permit for any proposed work if, and only if, it determines:
A. In case of a designated historic site or historic landmark, that the proposed work would
not detrimentally alter, destroy or adversely affect any archeological, paleontological, or
landscape feature;
B. That any exterior improvements will not adversely affect and will be compatible with the
external appearance of existing designated improvements, building and structures on said site;
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. (Ord. NS-433 §
4 (part), 1997: Ord. 9776 § 1 (part), 1985).
22.08.040 Duty to keep in good repair.
The owner, occupant or other person legally responsible for a historic resource shall keep in
good repair all portions of such historic site landmark or district as specified in the designating
ordinance or permit and all interior portions and appurtenances thereof whose maintenance is
necessary to prevent deterioration and decay of the resource. Failure to keep such property in
good repair may result, upon recommendation of the historic preservation commission, in
removal from the list of historic resources. (Ord. NS-433 § 4 (part), 1997: Ord. 9776 § 1 (part),
1985)
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22.08.050 Existing improvements.
All repairs, alterations, reconstructions, restorations or changes in the use of existing
improvements shall conform to the requirements of the California Historical Building Code. (Ord.
NS-433 § 4 (part), 1997: Ord. 9776 §1 (part), 1985).
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or
a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
on the ____ day of _________ 2019, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the of __________ , 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
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BARBARA ENGLESON, City Clerk
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