City's Removal of 43 Historic Inventory Properties

Herewith is a Chronology Of Events of the City's Removal of 43 Properties from the City's Inventory of Historic Resources.

1. Certification of Local Coastal Program (LCP), November 2004.

2. Mayor Sue McCloud’s 10 June 2005 letter notifying property owners that their residences/commercial buildings are on the City’s Inventory of Historic Resources (part of the LCP).

3. Approximately 93 “historic” property owners filed appeals to remove their residences/commercial buildings from the Inventory of Historic Resources.

4. Upon the recommendation of Principal Planner Brian Roseth, the Historic Resources Board removed "all post-1940 properties from the Inventory of Historic Resources pending completion of an update of the Historic Context Statement" at their 23 January 2006 meeting.

5. Friends of Carmel Cultural Heritage appealed the Historic Resources Board’s decision to “temporarily remove” 43 properties from the Inventory of Historic Resources, 2 February 2006. Representing Friends of Carmel Cultural Heritage, Attorney Susan Brandt-Hawley wrote:

"The precipitous removal of properties from the Inventory violates the LCP, including but not limited to sections P1-84,85,88, and 91, and also violates the Carmel Municipal Code, including but not limited to section 17.32.070, and also violates the California Environmental Quality Act."

6. Communication with City Attorney Don Freeman revealed the City’s position that the City was not under any obligation or requirement to place the appeal on a City Council agenda in a timely manner. Yet, the Carmel-by-the-Sea Municipal Code states:

Chapter 17.54
APPEALS

17.54.040 Filing Appeals.

C. Appeals to the City Council.
2. Within 10 working days after receipt of an appeal the City Clerk shall set a date for public hearing at which the appeal shall be considered by the City Council. All appeals shall be set for the next regular City Council meeting, unless insufficient time exists for public notice as established in CMC 17.54.090, Notice of Hearing.

7. The City places the Friends of Carmel Cultural Heritage appeal of the Historic Resources Board’s decision on the 7 March 2006 agenda.

8. At the 7 March 2006 City Council meeting, the City Council continued the appeal indefinitely, without setting a specific future City Council meeting date, as is customary procedure for cities. Mayor McCloud cited the need to confer with the California Coastal Commission staff as the reason for the continuance and stated that she did not know when the appeal would be heard because of uncertainly associated with the Coastal Commission staff’s schedule.

9. The Friends of Carmel Cultural Heritage appeal was not on the 4 April 2006 City Council agenda and therefore was not given a public hearing at the meeting.

The future of the Friends of Carmel Cultural Heritage appeal remains uncertain.