Resolutions adopting designations of historic resources and historic districts shall collectively be known as the City of Carlsbad Historic Resource Register. The list of historic resources in the local register will be kept on file with the City Clerk's office.
(Ord. 9776 § 1, 1985; Ord. NS-141 § 4, 1991; Ord. NS-433 § 3, 1997; Ord. CS-438 § 4, 2022)
A. 
Any improvement may be designated as a historic resource if, upon recommendation of the Commission, it is found by the City Council to meet the following criteria:
1. 
The property owner consents to the proposed designation;
2. 
The Improvement must be at least 50 years old, or have achieved significance within the past 50 years, and exhibit one or more of the following attributes:
a. 
It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the historic, cultural or architectural heritage of California or the United States; or
b. 
It is associated with the lives of persons important to local, California, or United States history; or
c. 
It embodies distinctive characteristics of a region, style, type, period or method of construction, or is representative of a notable work of an acclaimed builder, engineer, designer or architect that embodies significant structural, engineering, or architectural achievement; or
d. 
It has yielded or has the potential of yielding information important to the prehistory or history of the local area, California or the United States.
For any improvement less than 50 years old, "achieved significance" means it is of enduring importance within the appropriate historical cultural or architectural context and it can be demonstrated that sufficient time has passed to understand its authenticity, integrity, value, and/or importance.
3. 
The improvement retains enough of its historic, cultural or architectural character or appearance to be recognizable as a historic resource and to convey the reasons for its significance.
B. 
Designation of a Historic Landmark. The Commission may recommend to City Council that a historic resource also be recognized as a historic landmark. The purpose of identifying a historic resource as historical landmark is to provide distinctive recognition of improvements that have outstanding character or historical, cultural or architectural interest or importance as part of the city's cultural, social, economic, political and architectural history.
(Ord. 9776 § 1, 1985; Ord. NS-141 § 5, 1991; Ord. NS-433 § 3, 1997; Ord. CS-438 § 4, 2022)
A. 
Any finite and contiguous grouping of improvements that relate to one another may be designated as a historic district if, upon recommendation by the Commission, it is found by the City Council to meet the following criteria:
1. 
Its designation is consented to by all property owners within the proposed historic district;
2. 
It is a geographically definable area with a concentration of contributing resources linked historically, culturally, or architecturally through location, design, setting, materials, workmanship, feeling and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement; and
3. 
At least 50% of the contributing resources within the proposed historic district are already designated as historic resources, or otherwise determined by the Commission and City Council to be eligible for placement in the local register.
B. 
Contributing resources share a time period in which most of the original construction occurred or there is some other shared historical, cultural or architectural period of context or significance.
C. 
The City Council may, by resolution or council policy, establish additional criteria for the historic identification, protection, retention, and preservation of a district; designation thereof; and for reviewing proposed work on contributing resources and non-contributing resources within the district.
(Ord. 9776 § 1, 1985; Ord. 9835 § 2, 1987; Ord. NS-433 § 3, 1997; Ord. CS-438 § 4, 2022)
Historic resources, including historic landmarks, shall be designated by the City Council in the following manner:
A. 
A property owner may request an improvement be designated as a historic resource by submitting a written request for such designation to the Commission.
B. 
Any such request shall be filed with the planning division upon prescribed forms and shall include the following information:
1. 
Name and address of property owner(s) and assessor's parcel number and address of site;
2. 
Description of the proposed historic resource, including special aesthetic, cultural, architectural, or engineering interest or value of a historic nature, including information about the architecture, notable features, construction, and other information indicating the historic significance of the proposed historic resource;
3. 
Sketches, photographs, or drawings (old and/or recent) depicting the improvement as part of the city's cultural, social, economic, political and architectural history;
4. 
Statement of condition of improvements;
5. 
Explanation of any known threats to the improvements on the site;
6. 
Additional information:
a. 
Site plan in appropriate scale;
b. 
Legal description of the property;
c. 
Photographs, old and recent;
d. 
Proposed use;
e. 
Existing zoning;
f. 
Bibliography and references, and other print materials regarding the historical significance of the proposed historic resource;
g. 
Chain of title, if available.
7. 
An application fee may be required if so specified in the City of Carlsbad Master Fee Schedule.
8. 
Other information requested by the planning division.
C. 
Within 90 calendar days of receipt of a completed application, the Commission shall hold a public hearing to review the application to designate a historic resource.
D. 
Notice of the public hearing shall be given as provided in Section 21.54.060(A)(2) of this code. In addition, notice of the date, place, time and purpose of the hearing shall be mailed, return receipt requested, to the owner of the nominated historic resource as shown on the last equalized assessment roll at least 14 days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equalized assessment roll shall not invalidate any proceedings in connection with the proposed designation.
E. 
An application to designate any improvement that is already listed in the National Register of Historic Places or the California Register of Historic Places shall be presented directly to the City Council. A public hearing by the Commission is not required.
F. 
Upon receipt of an application for historic designation, the Director shall notify the building official of the pending application. For a period of 90 calendar days beginning upon the date the notice of hearing is deposited in the mail, the property owner and/or any authorized representative of the property for which a historic designation application is pending shall be prohibited from undertaking any alteration, construction, grading, demolition or removal of the nominated historic resource, except ordinary repair and maintenance, and no permit to undertake such work shall be issued by the city.
If no final action has been taken as to the historic resource designation within the 90-day period, these restrictions shall expire unless the Commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic resource designation. If the Commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the Director shall notify the appropriate city officials of said restrictions. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the Commission.
The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date that the property owner filed the historic resource designation application with the city, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with this code.
G. 
After the public hearing, the Commission shall by resolution make a report and recommendation to the City Council. If the Commission determines that the improvement does not meet historic resource criteria, the process shall terminate and the Commission shall notify the applicant of such termination in writing within 10 days of the Commission's determination. If the Commission determines that the resource warrants historic resource designation and the property owner has consented to same in writing, then the Commission shall submit a written recommendation to the City Council incorporating its reasons in support of the proposed designation. A site shall not be designated a historic resource without the property owner's consent.
H. 
The City Council shall hold a public hearing on the proposed historic resource designation within 60 calendar days of the receipt of the recommendation from the Commission.
I. 
At the conclusion of the public hearing on the proposed designation, the City Council shall, by resolution, designate or conditionally designate, or disapprove the designation of the historic resource. The City Council may also designate a historic resource as a historic landmark, as provided in Section 22.06.020(B). Written notice of the City Council action shall be mailed to the property owner.
J. 
The resolution designating a historic resource shall be recorded with the County Recorder in accordance with Public Resources Code Section 5029 and Government Code Section 27288.2. A property approved for listing in the local register shall not be considered designated until the City Clerk has submitted the resolution to the county and the county has recorded the designation. Property owner(s) shall be responsible for any fees required to record a historic designation.
(Ord. 9776 § 1, 1985; Ord. NS-433 § 3, 1997; Ord. CS-438 § 4, 2022)
Historic districts shall be established by the City Council in the following manner:
A. 
The procedures for designating a historic district shall be the same as for designating a historic resource, except as otherwise provided in this section.
B. 
A property owner within a proposed historic district may submit an application for designation of a historic district. Such application shall be made in writing, filed with the planning division upon the prescribed form and shall include the following data:
1. 
Boundaries of the proposed district and a list of names and addresses of property owners, assessor's parcel numbers and addresses of properties within the boundaries;
2. 
Description of the proposed historic district, including special aesthetic, cultural, architectural, or engineering interest or value of a historic nature, and a listing of all parcels of land within the boundaries of the proposed district, labeled as a potential contributing resource or non-contributing resource.
3. 
Signatures of all property owners within the proposed historic district consenting to the historic district.
4. 
Bibliography and references, and other print materials regarding the historical significance of the proposed historic district;
5. 
Sketches, photographs or drawings (old and/or recent) depicting the proposed district, or parts thereof, as part of the city's cultural, social, economic, political and architectural history;
6. 
Statement of condition of improvements within the proposed district;
7. 
Explanation of any known threats to any improvements within the proposed district;
8. 
An application fee may be required if so specified in the City of Carlsbad Master Fee Schedule.
9. 
Other information requested by the planning division.
C. 
An application is incomplete and no public hearing shall be scheduled before the Commission until the written consent of all of the owners of property within the proposed historic district has been obtained.
D. 
If the Commission determines that the area warrants historic district designation, it shall submit a written recommendation to the City Council incorporating its reasons in support of the proposed historic district designation. Such recommendation shall include a report containing the following information:
1. 
A map showing the proposed boundaries of the historic district identifying all contributing resources and non-contributing resources within the boundaries;
2. 
An explanation of the significance of the proposed district and description of the historical, cultural or architectural resources within the proposed boundaries;
3. 
Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations, and any other modification to existing development standards necessary or appropriate to the preservation of the proposed historic district. Any recommendations related to zoning may require an amendment to Title 21 and application pursuant to Chapter 21.52 of this code.
E. 
If the historic district application is approved by the City Council, all contributing resources within the district shall be designated as a historic resource. The resolution designating the historic resource(s) shall be recorded with the County Recorder in accordance with Public Resources Code Section 5029 and Government Code Section 27288.2. A property approved for listing in the local register shall not be considered designated until the City Clerk has submitted the resolution to the county and the county has recorded the designation. Property owner(s) shall be responsible for any fees required to record a historic designation.
(Ord. CS-438 § 4, 2022)
The procedure for de-designation of a historic resource or historic district from the local register shall be as follows:
1. 
Owners of property with a recorded Mills Act contract who voluntarily seek to be deleted from the local register, shall first follow the procedures and requirements for Mills Act contract cancellations, provided in Chapter 22.10 of this code.
2. 
Owners of property without a recorded Mills Act contract may request de-designation from the register, or deletion or modification of a historic district within which their property is located, by submitting an application to the Director. A fee, as set forth in the City of Carlsbad Master Fee Schedule, shall accompany each application for de-designation. The fee shall be in an amount reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing and reviewing de-designation applications, including preparation of a historic resource assessment.
3. 
A historic resource assessment to provide evidence for the de-designation may be requested by the Director as part of the application and will be paid for by the applicant.
4. 
The Commission shall consider the de-designation application and historic resource assessment at a public hearing, which shall be noticed in the same manner as public hearings under Section 22.06.040 of this chapter. After the public hearing, the Commission shall by resolution make a report and recommendation to the City Council. Within 60 calendar days of the Commission's recommendation, the City Council shall hold a public hearing to consider the de-designation application. The City Council's action shall state the reasons for the de-designation by resolution.
As needed, the Director shall propose and process for de-designation from the local register those historic resources and historic districts which have been changed, deteriorated, damaged, destroyed or adversely affected to such an extent that, in the Director's opinion, they no longer qualify for placement on the local register. Requests for de-designation by the Director shall follow the procedures provided in this section. No fee shall be required.
(Ord. CS-438 § 4, 2022)