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HomeMy WebLinkAbout2024-03-11; Historic Preservation Commission; ; Additional Historic Preservation Benefits and Incentives Meeting Date: March 11, 2024 To: Historic Preservation Commission From: Mike Strong, Assistant Director of Community Development Staff Contact: Mike Strong, Assistant Director of Community Development Mike.strong@carlsbadca.gov, 442-339-2721 Subject: Additional Historic Preservation Benefits and Incentives Recommended Action Provide feedback and develop recommendations for historic preservation benefits and incentives. Executive Summary Historic preservation can solidify a community's past and can help strengthen a community's future. At its Jan. 8, 2024, meeting, the Historic Preservation Commission adopted a work program to work through and evaluate incentives and benefits to historic preservation. The agenda of the March 11, 2024 meeting is to: 1) review ways to expand the use of a historic property to allow more home-based businesses; and 2) to evaluate development standard flexibility. Discussion The City Council approved a local Mills Act program on Nov. 3, 2022, when it approved various amendments to the city’s historical preservation ordinance (Ordinance No. CS-438, which amended Carlsbad Municipal Code Title 22). California’s Mills Act provides cities with a mechanism to encourage the preservation of their historic buildings. It allows the city to give owners of qualified historic properties who actively participate in the restoration and maintenance of their properties a reduction in their property tax. During the course of developing the ordinance, the Historic Preservation Commission also recommended that the City Council direct staff to further investigate additional benefits and incentives, including: 1) expanded home based businesses, 2) development standard flexibility, 3) façade improvement easements, and 4) official recognition and awards. It is important to note that the Historic Preservation Commission may also want to consider other ways to incentivize Mills Act program participation and/or help support local historic preservation efforts by amending the work program schedule at any point. The study session format will provide the Historic Preservation Commission with an opportunity to learn more about the benefits and incentives, hear from various residents and stakeholders, and to discuss preliminary issues/concerns. Furthermore, study sessions in advance of a final HISTORIC PRESERVATION COMMISSION Staff Report recommendation will allow the Historic Preservation Commission to methodically work through benefits and incentives. As mentioned in previous meetings with the Historic Preservation Commission relative to the study sessions, attachments to the staff reports will be used for the basis of the discussion and will be provided to facilitate each meeting. The first meeting helped establish the study session scope and format. This second meeting consists of a review of: 1) expanded home based businesses, and 2) development standard flexibility. At the conclusion of the work program, city staff will present the recommendations to the City Council and seek authorization to initiate formal code amendments or policy changes. The Chair or Vice Chair will be responsible for representing the Historic Preservation Commission at this City Council meeting and for speaking in support of the Commission’s recommendations. Fiscal Analysis There is no direct fiscal impact associated with receiving this informational report. Environmental Evaluation (CEQA) The action before the Historic Preservation Commission is to review potential historic preservation benefits and incentives and to provide feedback that may be considered formally at a separate meeting date. Any direction received shall be construed as general direction and does not have a legally binding effect on any possible future discretionary action. Pursuant to Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Exhibits 1. Historic Preservation Commission Study Session Material Historic Preservation Commission Study Session Material Research on expanded home based businesses and development standard flexibility In general, historic preservation ordinances are local laws through which owners of historic properties receive special treatment. It could mean that property owners are prohibited from demolishing their property or making major alterations without local government approval or it could provide benefits to the property owner. A preservation ordinance can apply to individual landmarks only, entire historic districts, or both landmarks and districts. One of the strategies that will be explored in this document is to offer incentives to those who are interested in preserving a historic home, both in the form of zoning relief. •Expanded home based businesses: A designated historic resource listed in the Carlsbad Historic Resource Register (Local Register) may operate a home occupation or limited commercial uses to ensure the ongoing preservation of the historic resource. •Development standard flexibility: Designated historic resources listed in the Local Register may be allowed to deviate from certain development standards, so long as the improvements are designed by an individual meeting the applicable Professional Qualification Standards, and the improvements are consistent with the Secretary of the Interior’s Standards, as well as the State Historical Building Code if applicable. Based on research, most cities that have enacted these forms of zoning relief do so through the use of historic district zoning. A historic district is a neighborhood or area that contains homes, buildings, sites or structures that are significant architecturally due to the time period in which they were constructed. Historic district zoning is technically referred to by city planners as “overlay” zoning. The historic preservation zoning mechanism is “overlaid” on top of the existing zoning. The existing zoning restrictions are unchanged; instead, they are supplemented by the conditions of historic preservation zoning. On Nov. 3, 2022, the City Council adopted Ordinance No. CS-438, which included various amendments to the city’s historical regulations (Title 22), including the adoption of a process to review and consider a new historic district in the city. Accordingly, the city already has already adopted a process to consider this form of zoning relief, broadly at a district level, whereby properties within the district boundary would require compliance with specific development standards and design guidelines for existing historic and non-historic buildings. Notwithstanding, the balance of this document will look at other forms of zoning relief that could be applied to individual properties, rather than entire districts. Exhibit 1 1) Expanded home based businesses. A home occupation is a type of business or occupation that provides a service or product that is conducted wholly within a residential dwelling and does not allow non- resident employees or any clients, customers, patients, or visitors to visit the premises. It appears that the general practice of home occupations is generally allowed in most cities so long as the occupation does not become a large-scale enterprise or one that would be harmful to the residential character of the neighborhood and would violate the purpose of zoning. A residential district is established in a zoned community to protect and encourage the use of the land in that district for residential purposes. To be permissible, any other use must prove that its existence in the district will not be contrary to the spirit and intent of the ordinance. One aspect of this proof is the demonstration that the non-residential use is not the primary use of the property. but is merely incidental to the residence. The city currently allows home occupations in residentially zoned properties, subject to Section 21.10.040 of the Carlsbad Municipal Code, as follows. 21.10.040 Home occupations. A. Home occupations which are not disruptive to the residential character of the neighborhood shall be permitted as an accessory use, subject to the following conditions: 1. Home occupations shall be conducted as a secondary use by a resident or residents of the premises; 2. No employees shall be employed on the premises; 3. All home occupation activities shall be conducted entirely within the residential structure, except for permitted agricultural or horticultural uses; 4. There shall be no external alteration to the appearance of the residential structure that would reflect the existence of the home occupation; 5. No storage of materials, goods, equipment or stock in trade shall be permitted where visible from the exterior of the property; 6. No deliveries or pickups by heavy duty commercial vehicles shall be permitted; 7. Sale of goods or services shall not be conducted on the property, except for agricultural goods grown on the premises. This provision shall not be construed to prohibit taking orders for sale where delivery of goods or performance of services does not occur on the property; 8. The home occupation shall not cause any external effect that is inconsistent with the residential zone or disrupts the neighborhood, including, but not limited to, noise from equipment, traffic, lighting, offensive odor or electrical interference; 9. No advertising, signs or displays of any kind indicating the existence of the home occupation shall be permitted on the premises; 10. The home occupation shall not cause the elimination of required off-street parking; 11. The home occupation may not utilize an area greater than twenty percent of the combined total floor area of all on-site structures; and 12. A city business license is required for the conduct of a home occupation. The city’s existing regulations of home occupations limit the type of commercial activity that may occur in residential zones, as intended. This ensures that the nature of the use is such that it will be compatible with and will not adversely impact the neighborhood. With the home occupation use category as a zoning tool, the challenge for many cities in its implementation is how to best maintain the integrity of the residential district and at the same time to allow and regulate in equitable fashion the customarily accepted non- residential types of activity. For this reason, it has been generally agreed that a business must satisfy certain criteria in order to qualify as a permitted home occupation: it must be incidental to the principal use of the premises as a residence and it must not be construed as a standalone business. Some cities have weighed the benefits of historic preservation against the risks of land use compatibility and have carved out limited exceptions, provided that the integrity of the historic structure is not substantially altered and the use is compatible with the historic character of the structure. Cities, such as the City of Parkersburg, Ohio and City of Encinitas, CA have expanded the requirements for establishing home based businesses for historic homes. In these instances, small-scale businesses may operate out of a historic structure provided the use is reasonably necessary for the continued preservation of the historically significant structure in which it is to be located and is compatible with the historic character of the structure. Should the Historic Preservation Commission recommend pursuing this as an option for potential zoning relief to encourage historic preservation, decisions on what is to be considered as customary must necessarily be made in the consideration of the foregoing. The clarification of this "incidental" aspect must be accomplished through a variety of provisions designed to place limits on the size of any operation being conducted as a home occupation; or to limit the type of use characteristics (traffic, noise, direct, smoke, odor, etc.) to lead to exclusion. Notwithstanding, it is important to note that a cottage food operation, as defined in the California Homemade Food Act, is a permissive use in residential zones already (statewide); and the County of San Diego Board of Supervisors have authorized a permanent program allowing a microenterprise home kitchen operation (MEHKO), as defined by the County of San Diego Department of Environmental Health and Quality. The remaining portion of this section provides points of regulation and is based on a survey of sample of zoning ordinances (not specific to expanded businesses in historic homes). This information should provide a framework to facilitate commissioner discussion on how to potentially expand home based businesses in the city to create an incentive for historic preservation. At its March 11, 2024 meeting it is recommended that the Historic Preservation Commission walk through each point of regulation and discuss if there are opportunities to change how the city regulates home occupations within historic resources. A. Occupations Permitted. A majority of the home occupation ordinances (not specific to expanded businesses in historic homes) do not name any occupations as being permitted or prohibited. In these cases reliance is placed on the effectiveness of the other specifications in the regulations, discussed below. However. in view of the importance of custom in the definition of home occupations it is not surprising that there are also differences among ordinances on whether certain occupations are to be permitted or prohibited, especially when considering expanding the limitations. To the extent that expanded home occupations in historic homes may represent a more intensive use of the land, they may be considered more or less undesirable in different residential districts. Section 21.10.040 of the Carlsbad Municipal Code (Home Occupations) currently not address this point directly. However, it refers to “All home occupation activities shall be conducted entirely within the residential structure, except for permitted agricultural or horticultural uses” and “The home occupation shall not cause any external effect that is inconsistent with the residential zone or disrupts the neighborhood, including, but not limited to, noise from equipment, traffic, lighting, offensive odor or electrical interference.” B. Area. Many home occupation ordinances (not specific to expanded businesses in historic homes) contain provisions which specifically limit the amount of space in the home which can be devoted to a home occupation. These regulations are designed to ensure in some measure that the occupation be truly incidental to the residential use of the dwelling. The absolute limitations range from 100 square feet to 400 square feet. The proportional limitations are based on either total floor area or the area of one floor. Section 21.10.040 of the Carlsbad Municipal Code (Home Occupations) currently addresses this point with the following provision: “The home occupation may not utilize an area greater than twenty percent of the combined total floor area of all on-site structures.” C. Equipment. The use of mechanical equipment is an obvious source of possible disturbance to neighboring residences, and for that reason is regulated in some fashion in most of the ordinances studied (not specific to expanded businesses in historic homes). Four types of regulation are found: 1) No mechanical equipment allowed; 2) Only normal domestic oh household equipment allowed; 3) equipment permitted that does not emit dust, noise, odor, etc.; and 4) specific power limitations for equipment (like electric motors only or maximum power per motor). Section 21.10.040 of the Carlsbad Municipal Code (Home Occupations) currently not address this point directly. However, it refers to: “The home occupation shall not cause any external effect that is inconsistent with the residential zone or disrupts the neighborhood, including, but not limited to, noise from equipment, traffic, lighting, offensive odor or electrical interference.” D. Employment. The operator of a successful home occupation will naturally want to increase scale or the efficiency and profit of the enterprise by hiring support staff. Many home occupation ordinances (not specific to expanded businesses in historic homes) contain provisions which specifically limit employees on the premises. Section 21.10.040 of the Carlsbad Municipal Code (Home Occupations) currently addresses this point with the following provision: “No employees shall be employed on the premises.” E. Sale of Goods. A few zoning ordinances surveyed (not specific to expanded businesses in historic homes) state that home occupa�ons shall include in general personal services such as are furnished by a physician, den�st, musician, ar�st, or seamstress. This type of emphasis on personal services conveys a limita�on on the sale of goods. Most of the other ordinances examined explicitly require that “no stock in trade be kept or commodi�es sold” on the premises. The inten�on is clear. If no goods are kept or sold on the premises there is less likelihood that the occupa�on will develop many of the characteris�cs of a retail store, and as such become undesirable in a residen�al area. A few communi�es have apparently found such regula�ons to be too limi�ng. As a result, several ordinances permit the sale of ar�cles “produced by members of the immediate family residing on the premises.” Section 21.10.040 of the Carlsbad Municipal Code (Home Occupations) currently addresses this point with the following provision: “Sale of goods or services shall not be conducted on the property, except for agricultural goods grown on the premises.” F. Display. One characteris�c of an occupa�on in a residen�al area to which frequent objec�on is raised is that of accompanying adver�sing display. Display can take two general forms: display of goods, and signs. Display of goods is generally prohibited in most ordinances (not specific to expanded businesses in historic homes). Where signs are permited, the ordinances contain various specific limita�ons on their use. These provisions are designed to restrict sign visibility and to limit its use to informa�on rather than adver�sing. This inten�on is accomplished by restric�ng the size, ligh�ng, loca�on, and content of the signs. Section 21.10.040 of the Carlsbad Municipal Code (Home Occupations) currently addresses this point with the following provision: “No storage of materials, goods, equipment or stock in trade shall be permitted where visible from the exterior of the property” and “No advertising, signs or displays of any kind indicating the existence of the home occupation shall be permitted on the premises.” Another general provision favored by some agencies is writen with the apparent inten�on of assuring the incidental nature of the occupa�on. The clause: "such home occupa�on shall not require internal or external altera�ons, or involve construc�on features not customary in dwellings," or such as that provided for in Sec�on 21.10.040 “there shall be no external alteration to the appearance of the residential structure that would reflect the existence of the home occupation” helps maintain the integrity of the residential home (and to any historic resource). 2)Development standard flexibility: Ordinances may be enacted by the legislative body of a city to establish regulations and standards relating to the nature and extent of uses of land and structures. Cities and towns are typically divided into base zones or zoning districts to apply and implement zoning designations delineated by the city’s zoning district map. The basic unit in zoning, either mapped or unmapped, is where a uniform set or regulations or standards applies or a uniform set of regulations for a specified use. It is not uncommon for a property owner to grapple with limitations presented by the zoning district. Maximum building heights, building areas, setbacks from property lines, etc. are all regulated, but are often written to accommodate a typical development type within a given zone. Many cities offer zoning relief through something called a “zoning variance” to provide an exception or deviation from the specific requirements of a zoning ordinance. It allows a property owner to use their land in a way that is not typically permitted under the existing zoning regulations. Variances can be sought for various reasons, such as economic hardship, unique characteristics of the property, or changes in circumstances. The city currently allows different types of variances, subject to the findings provided in Section 21.50.050 of the Carlsbad Municipal Code, as follows. 21.50.050 Findings of fact. A.No minor variance or variance shall be approved or conditionally approved unless the decision-making authority finds: 1.That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2.That the minor variance or variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding; 3.That the minor variance or variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; 4.That the minor variance or variance is consistent with the general purpose and intent of the general plan, this title and any applicable specific or master plans; 5.In addition, in the coastal zone, that the minor variance or variance is consistent with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources. In many older sections of different communities, the codes were put in place in their respective cities after the areas had been developed. That meant that with each wave of more restrictive zoning placed on the neighborhood, more and more of the older buildings became “nonconforming.” In some other types of cases, there may be interest in relocating a historic building or structure to an alternative location to ensure its protection. Bringing a historic home to today’s standards may involve restrictions on the type of siting that is allowed. Although ordinances are enacted to protect the health and safety and further the general welfare, it is useful to periodically reexamine local ordinances and policies to determine whether, under current conditions, they are still accomplishing their intended purpose. Such an examination may reveal that certain laws or policies have a disproportionate or negative impact on certain types of development. Some of the zoning standards can be a barrier to the preservation of historic resources. The following provides a brief overview of some examples of zoning incentives that other agencies have established to give bonuses or relief to owners of historic homes if they intend to expand their home, or relocate their home, so long as it is done in a way that preserves its historic character and preserves the resource. Toward this end, giving a property owner more options on how to use the property may encourage context- sensitive reinvestment of historic properties. Borough of Mountain Lakes, NJ •Ensures the enhanced zoning regulations (referred to as “bulk incentives”) are available for any proposed improvement to the property for which standard zoning regulations would otherwise apply, including changes unrelated to the main dwelling. •Eliminates height restrictions on expansions that are at least one story lower than the adjoining portion of the pre-existing structure. Jackson, WY •Historic homes are allowed to increase existing nonconformities on expansions by matching existing setbacks, height, and other dimensional standards. •The city may establish a lesser structure setback or site development setback based on compelling information from the applicant that the lesser standard is necessary to meet the goals of historic preservation. •Any floor area within a historic home does not count as floor area for the purpose of calculating the maximum allowed floor area (FAR) on a property. •The minimum lot size limit on a property with a historic home may be eliminated for the purpose of separating the historic property on an individual lot. However, all resulting lots shall meet all applicable requirements except that the historic home may be as close as five feet from any newly created rear setback. Honsdale Village IL •Provides access to flexible alternative zoning regulations that are not afforded to new construction, including the waiving of FAR and building height, reduced setbacks, and increased lot coverage. Philadephia, PN •Parking requirements may be waived for historic homes. If an addition or new structure is also being added to the historic property or constructed on the same parcel, those parking requirements would be reduced by half. Seattle, WAS •Offers flexibility of use, design standards, and parking requirements for owners of historic homes, which are awarded on a case-by-case basis. The remaining portion of this section provides a framework to facilitate commissioner discussion on how to potentially provide zoning relief to incentivize historic preservation. At its March 11, 2024 meeting it is recommended that the Historic Preservation Commission walk through each point of regulation and discuss if there are opportunities to make changes. A.Building Heights Heights limits and ways of measuring the height of a building differ across zoning districts. The height limit for a property will be stated in the zoning ordinance. Building or structure height generally measures how tall a building is from the ground. Building height is generally calculated by subtracting the ground level height from the roof height. Neighborhood developers or an architect might establish uniform height lines to ensure a uniform appearance. Limitations on height can constrain a development’s ability to achieve maximum densities (number of homes), especially in consideration of other development controls. B. Building Mass (Lot Coverage or Floor Area Ratio) Lot coverage and floor area ratio are two ways of measuring the mass of a building, stated in the zoning ordinance. Lot coverage means all the area of a lot, as projected on a single horizontal plane, which is enclosed. Gross floor area means the total gross horizontal areas of all floors of a building or enclosed structure. Typically, all accessory buildings and structures are also included in the maximum lot coverage calculation except as otherwise specified. Limitations on building mass may prevent sensitive additions to historic homes, prohibit detached additions (to avoid alterations to a historic home), or stop or historic home relocations if the receiver site has other structures existing or planned for the property. C. Building Setbacks A building setback is the distance from the property line to building structures. They establish an exact distance from a specific point. Building a structure within that area is generally prohibited. The main purpose of setbacks is to prevent owners from crowding their neighborhoods. This ensures that one’s property doesn’t block their neighbor’s view. They also ensure every property in the area has enough access to light and ventilation. Neighborhood developers or an architect might also establish setback lines to ensure a uniform appearance. D.Parking Excessive parking standards that are not reflective of actual parking demand can pose a significant constraint to housing development by increasing development costs and reducing the potential land available for project amenities or additional units. Most historic homes were built without any garage space. Requiring parking for a historic home in the form of a new garage can undermine efforts to preserve the historic integrity of a resource.