This title shall be known as the "Historic Preservation Ordinance."
(Ord. 9776 § 1, 1985; Ord. NS-433 § 2, 1997; Ord. CS-438 § 3, 2022)
It is the intent and purpose of this title to:
A.
Provide
a means to promote, preserve, protect, and enhance historic properties
that represent or reflect elements of the city's cultural, social,
economic, political and architectural history;
B.
Safeguard
the city's historic heritage by encouraging preservation of its historic
properties;
C.
Promote
the use of historic resources, historic landmarks, and historic districts
for the education, pleasure, and welfare of the people of the city;
and
D.
Provide
preservation benefits or incentives to property owners who voluntarily
wish to preserve any structures, buildings, sites, artifacts, or landscape
features, or portions thereof with historic authenticity, integrity,
value, and/or importance.
(Ord. 9776 § 1, 1985; Ord. NS-433 § 2, 1997; Ord. CS-438 § 3, 2022)
This title shall apply to all historic resources, publicly and
privately owned, within the corporate limits of the city.
(Ord. 9776 § 1, 1985; Ord. NS-433 § 2, 1997; Ord. CS-438 § 3, 2022)
For the purpose of this title, the following words and phrases
shall have the following meanings:
means any change or modification, through public or private
action, of any nominated historic resource, historic resource, or
of any property located within a historic district, including, but
not limited to, exterior changes to or modifications of, a structure
or any of its architectural details or visual characteristics, including
doors, windows, paint color, surface materials and texture, grading,
surface paving, addition of new structures, cutting or removal of
trees and other natural features, disturbances of archeological sites
or areas, and the placement or removal of any objects such as signs,
plaques, light fixtures, street furniture, walls, fences, steps, plantings,
and landscape accessories affecting the historic qualities of the
property.
means all those visual aspects and physical features that
comprise the historical appearance and significance of the property
including overall building shape; architectural elements embodying
style; design; craftsmanship; decorative details; proportions; general
arrangement and components of all surfaces including the kind, color
or texture of the building materials and the type and style of all
windows, doors, lights, signs and other fixtures appurtenant to the
building and/or property; and includes interior visual aspects and
physical features that are specifically stated as included in the
property's historic designation.
means the Historic Preservation Commission.
means a building, structure, site, artifact, or landscape
feature, or portion thereof, which by location, design, setting, materials,
workmanship, feeling, or association adds to the sense of authenticity,
integrity, value, and/or importance of an historical district.
means the dismantling, razing, wrecking, or destruction in
whole or in part of an improvement.
means the Community Development Director, or designee.
means a geographic area which possesses a significant concentration,
linkage, or continuity of improvements united historically, culturally,
or architecturally by plan, history, or physical development and which
has been designated a historic district pursuant to the provisions
of this title.
means any historic resource which meets the designation criteria
for a historic landmark and has been designated a historic landmark
pursuant to the provisions of this title.
means a contract between the city and the owner of a qualified
historical property, which meets the requirements of California Government
Code Sections 50280-50290 and the applicable provisions of this title.
The terms "historical property contract" and "Mills Act contract"
are used interchangeably throughout this title.
means an improvement which has been determined to meet the
eligibility criteria for historic resources and has been designated
a historic resource by the City Council pursuant to the provisions
of this title. Historic resources include local historic landmarks,
contributing resources to a historic district, and qualified historical
properties.
means any building, structure, site, artifact, or landscape
feature, or portion thereof constituting a physical betterment of
real property, or any part thereof.
means the historic preservation incentive codified in California
Government Code Sections 50280-50290 and California Revenue and Taxation
Code Sections 439-439.4, as it exists now or as it may be amended.
means a resource nominated for placement in the City of Carlsbad
Historic Resource Register as provided for in this title.
means all resources of a City of Carlsbad historic district
that are not designated as contributing resources.
means construction, work or modification of real property,
for which a building permit is not required by this code, and where
the purpose and effect of such construction, work or modification
is to correct deterioration or damage to a building, structure, site,
artifact or landscape feature, or portion thereof and to restore the
same, as nearly as may be practicable, to its condition prior to the
occurrence of such change, deterioration, damage, destruction, or
adverse effect.
means the act or process of applying measures to sustain
the existing form, integrity, or materials of a historic resource.
It may include stabilization work, as well as ordinary maintenance
and repair.
means the United States Secretary of the Interior's Professional
Qualification Standards which include the minimum education and experience
required in several disciplines to perform identification, evaluation,
registration, and treatment activities for archaeological and historic
properties, as provided by Part 61 of Title 36 of the Code of Federal
Regulations.
shall have the same meaning as defined in Government Code
Section 50280.1 as it now exists or as it may be amended.
means the act or process of reproduction through construction
of the exact form and detail of a vanished building, structure, site,
artifact, or landscape feature, or portion thereof, for the purpose
of replicating its appearance as it appeared at a specified period
of time.
means the City of Carlsbad Historic Resource Register. The
local register is an inventory of improvements designated by the City
Council as historic resources.
means the act or process of returning a property to a state
of utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or character-defining
features of the property which are significant to its historical,
cultural or architectural authenticity, integrity, value, and/or importance.
means the act or process of accurately depicting the form,
features, and character of a property as it appeared at a particular
period of time by means of the removal of features from other periods
in its history and reconstruction of missing features from the restoration
period.
means the United States Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring & Reconstructing Historic Buildings.
The Standards for the Treatment of Historic Properties are codified
at Part 68 of Title 36 of the Code of Federal Regulations, as it exists
now or as it may be amended.
(Ord. 9776 § 1, 1985; Ord. 9835 § 1, 1987; Ord. NS-141 § 1, 1991; Ord. NS-433 § 2, 1997; Ord. CS-438 § 3, 2022)
