CITY COUNCIL: Resolution Adopting Revised Historic Context Statement & Negative Declaration

Meeting Date: 9 September 2008
Prepared by: Sean Conroy, Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution adopting the revised Historic Context Statement
and a Negative Declaration. This project is an amendment to Appendix E of the Local Coastal Program.

Description: The Historic Context Statement is a tool used to assist in making
determinations regarding the historical significance of properties within the City.
The City’s current Context Statement does not extend beyond 1940.

The updated Context Statement includes historic information for the period of
1940 through 1965 as well as some modifications to the pre-1940 section of the
document.

Overall Cost:
City Funds: Not to exceed $63,000 (budgeted)
Grant Funds: N/A

Staff Recommendation: Adopt the resolution.

Important Considerations: The Historic Context Statement was last updated in 1997.
Policy P1-85 of the Land Use Element of the General Plan indicates that the Context Statement should be updated every five years. The Context Statement provides a historic background on the development of the City and assists in the historic evaluation of individual properties.

Decision Record: The City Council approved a contract with ARG on 9 January 2007 to
perform the Context Statement update. The Historic Resources Board recommended adoption of the Statement on 27 May 2008 and the Planning Commission recommended adoption of the Statement on 11 June 2008.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
DATE: 9 SEPTEMBER 2008
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING THE UPDATED HISTORIC CONTEXT STATEMENT AND A NEGATIVE DECLARATION. THIS UPDATE WILL BE AN AMENDMENT TO APPENDIX E OF THE COASTAL LAND USE PLAN.

SUMMARY RECOMMENDATION
Adopt the resolution.

BACKGROUND & PROJECT DESCRIPTION
General Plan Policy P1-85 states that the City shall maintain a Historic Context
Statement and that it shall be updated at least every five years. The Context Statement is a tool in the City’ historic preservation program. It documents the historic periods, themes, events and people who have contributed to the development of the City and provides a framework for evaluating the historic significance of individual properties.

When a property is being evaluated, it is first determined whether the property relates to any of the themes in the Context Statement. If it does, then the California Register criteria and the criteria in the City’s preservation ordinance are applied to determine if a property qualifies as historic.

On 9 January 2007, the City Council authorized a contract with Architectural Resources Group (ARG) to prepare an update to the City’s Historic Context Statement. The City’s current Historic Context Statement does not extend beyond 1940 and was adopted in 1997.

ARG, with the input of City staff, the Historic Resources Board and Planning
Commission, has prepared the attached draft Context Statement. The Statement includes
the historical background for the period of 1940 through 1965 and includes some minor revisions to the pre-1940 section of the document. The new information is shown in highlights in the attached document.

Both the Historic Resources Board and the Planning Commission recommended unanimously adoption of the updated Context Statement (see attached summary).

Process
The revised Historic Context Statement will be an amendment to the City’s Local Coastal Program (LCP). CMC Section 17.32.030 indicates that the Historic Resources Board is to administer the City’s preservation program and to advise the Planning Commission and City Council on amendments to the Historic Context Statement. The Planning Commission is responsible for recommendations to the City Council regarding
amendments to the LCP and on environmental documents.

Once the City Council has approved the updated Context Statement, it will be forwarded to the California Coastal Commission for certification.

Evaluation
CEQA: This project does not qualify for a statutory or categorical exemption and is
therefore subject to environmental review. Staff prepared an initial study and has
determined that the project will not have a significant impact on the environment. A
Negative Declaration has been prepared and circulated. Two written comments were
received, one from the Coastal Commission and one from the Carmel Preservation Foundation, supporting the draft Context Statement (see attached).

Update: Below is a brief summary of some of the changes to the Context Statement and
some questions the Council may want to discuss.

0.0 Preamble & 1.0 Introduction: A preamble has been added to describe the update
process and some additional language has been added to the introduction. The
introduction provides guidance on how the document is to be used and points out that the document is one of many tools to help identify historic resources.

• Is it clear in the introduction (section 1.1) how the Context Statement is to be used as a tool?

3.0, 4.0 and 6.0: These sections deal with economic development, local institutions and the development of art and culture in the Community. A substantial amount of
information has been added to these sections to provide historic background for the
period of 1940 through 1965.

• Are there events, individuals or patterns that have significantly impacted economic development, government and civic institutions, and the development of art and culture in the City that have not been addressed?
• Are there items that have been addressed but need more clarification?

5.0 Architectural Development: This section is vital to the City’s preservation program as the vast majority of historic, or potentially historic properties relate to this theme. The updated information addresses architectural styles and influences along with builders and architects/designers for the period of 1940 through 1965. The updated information focuses primarily on the modern movement of architecture and its impact on the City.

• Are there other styles, individuals or influences that should be identified and
discussed?

9.0 Appendices: The appendices contain numerous lists of individuals who participated
in some way in the City. These include elected officials, members of boards and
committees, architects and builders, etc. These lists have caused some confusion in the past, as it was unclear whether inclusion on these lists automatically indicated that the individuals were historically significant.

Both the HRB and the Planning Commission recommended that the appendices be
retained, but requested that language be added to the introduction of the appendices
stating its purpose. A note has been added stating that references to individuals,
buildings or places in the Context Statement is not a determination of historical
significance, rather it is a reference to a historical contribution and is provided for background only.

• Is the note at the beginning of the appendices appropriate or is further
clarification needed?

9.10 Decision-Making Criteria: In previous hearings on this issue, the City Council has expressed concern regarding the number of properties that were included on the City’s Historic Inventory and the role the current Context Statement played in the creation of the Inventory.

When the LCP was adopted, it included a new preservation ordinance and an inventory of approximately 300 structures. The preservation ordinance includes strict requirements for identifying historic properties. The vast majority of the properties on the Inventory were surveyed between 2002 and 2004, prior to the adoption of these more strict requirements. Since the LCP was adopted, the City has evaluated approximately 250 properties, using the preservation ordinance standards. Less than 10 properties were found to be historic.

After the LCP was adopted, the City allowed owners of properties listed on the Historic Inventory to file an appeal. Over 100 appeals were filed, most of which have since been withdrawn or resolved. Of the 62 appeals that have been decided by the HRB and/or the City Council, 53 have been granted. The City Council has granted all 11 appeals it has acted on. The large percentage of appeals that have been granted is primarily based on the more stringent standards of the LCP compared with the standards used prior to adoption of the LCP. Staff also notes that since 2006, only 9 appeals have been filed.

Rather than creating new decision-making criteria, section 9.10 of the Context Statement simply references the LCP standards (CMC section 17.32 attached). The HRB
determined that these standards, as approved by the City Council and Coastal
Commission, provide excellent decision-making criteria and therefore no additional
criteria are needed. Staff concurs with the Board.

In summary, staff suggests that the number of properties that were included on the
Historic Inventory in 2004 was primarily a result of the lack of decision-making criteria and not due to problems with the Context Statement.

If the Council is still concerned with the size of the Historic Inventory, staff recommends scheduling a hearing to discuss options to address those concerns apart from the adoption of the Context Statement.

• Should additional decision-making criteria be included?

Recommendation
Adopt the attached resolution and Negative Declaration updating the Historic Context
Statement (Appendix E of the General Plan/Coastal Land Use Plan)


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE SEA ADOPTING THE UPDATED HISTORIC CONTEXT STATEMENT (APPENDIX “E” OF THE GENERAL PLAN/COASTAL LAND USE
PLAN) AND A NEGATIVE DECLARATION

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on
its historic character; and

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to
protect the village character through clear policies and regulations that guide historic preservation; and

WHEREAS, the General Plan requires the maintenance of an Historic Context Statement;
and

WHEREAS, on 9 January 2007 the City Council authorized a contract with ARG to assist in preparing an updated Historic Context Statement for an amount not to exceed $63,000; and

WHEREAS, on 27 May 2008 the Historic Resources Board recommended adoption of the updated Historic Context Statement; and

WHEREAS, on 16 July 2008 the Planning Commission recommended adoption of the updated Historic Context Statement; and

WHEREAS, the updated Historic Context Statement qualifies for a Negative Declaration
as the project will have no significant environmental impacts.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:

1) Adopt a resolution updating the attached Historic Context Statement (Appendix E of the General Plan/Coastal Land Use Plan); and

2) Adopt the attached Negative Declaration.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 9th day of September 2008 by the following roll call vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

SIGNED,

_______________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR


CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION De Minimus Impact Finding

Project title, location, name and address of project proponent (include county):
Historic Context Statement Update Sean Conroy, Plng & Bldg Services Manager
City of Carmel P.O. Box G
Carmel, Monterey County, CA Carmel, CA 93921

Project description: Consideration of an update to the City’s Historic Context Statement. The Historic Context Statement is a vital tool used to assist in making determinations regarding the historical significance of properties within the City. The City’s current Historic Context Statement was adopted in 1997 and covers the City’s history until 1940. The proposed Context Statement Update project will
expand the existing Context Statement to include the time period from 1940 to 1965.

This update will be an amendment to the appendix of the City’s Local Coastal Program.
Findings of exemption:
WILL THE PROJECT RESULT IN CHANGES TO: PSI PSM LSI NI
a. Riparian land, rivers, streams, water courses, and wetlands under state and federal jurisdiction?
X
b. Native and non-native plant life and soil required to sustain habitat for fish and wildlife?
X
c. Rare or unique plant life an ecological communities dependent on plant life?
X
d. Listed threatened and endangered plants and animals and the habitat in which they are believed to reside?
X
e. All species of plant or animal listed as protected or identified for special management in the Fish and Game Code, the Public Resources Code, the Water Code, or regulations adopted hereunder?
X
f. All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside?
X
g. All air and water resources, the degradation of which will individually or cumulatively result in the loss of biological diversity among plants and animals residing in air or water?
X
Note: PSI = Potentially significant impact PSM = PSI unless mitigation measures are incorporated
LSI = Less than significant impact NI = No impact

Certification: I hereby certify that the lead agency has made the above findings of fact and, based upon the Initial Study, the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.

Sean Conroy, Plng & Bldg Services Manager Date


PROPOSED NEGATIVE DECLARATION (SCH# 2008041025)
Responsible Agency: City of Carmel-by-the-Sea
Decision Making Authority: City Council/California Coastal Commission
Project Title: Historic Context Statement Update
Address: Post Office Drawer G, Carmel CA 93921
Contact Person: Sean Conroy, Senior Planner
Phone: (831) 620-2010 Fax: (831) 620-2014
THIS PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AS IT HAS BEEN FOUND THAT THE PROJECT:

1. Will not have the potential to significantly degrade the quality of the environment;

2. Will have no significant negative impact on long term environmental goals;

3. Will have no significant cumulative negative impact upon the environment; and

4. Will not cause significant negative impacts upon human beings, either directly or
indirectly.

PROJECT DESCRIPTION: Consideration of an update to the City’s Historic Context
Statement. The proposed Context Statement Update project will expand the existing
Context Statement to include the time period from 1940 to 1965. This update will be an amendment to the appendix of the City’s Local Coastal Program.

PROJECT LOCATION: City of Carmel-by-the-Sea
Carmel, Monterey County, CA

PUBLIC REVIEW PERIOD: 9 April 2008 through 9 May 2008

COPIES OF THE PROPOSED NEGATIVE DECLARATION AND INITIAL STUDY ARE AVAILABLE AT:
City of Carmel-by-the-Sea
Community Planning and Building Department
E/s Monte Verde between Ocean and Seventh Avenues
DATE FILED: 4/1/2008