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;
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.
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(Ord. CS-438 § 4, 2022)