Friday, July 07, 2006

RESCISSION DECISION: Historic Resources Board rectifies their VIOLATION OF LCP

CITY OF CARMEL-BY-THE-SEA
HISTORIC RESOURCES BOARD

19 JUNE 2006 MEETING


COMMITTEE MEMBERS:
PAUL COSS (Absent)
ERIK DYAR
KAY HOLZ
ERLING LAGERHOLM
JULIE WENDT, CHAIR

VI. ADMINISTRATION
1. Reconsideration of the Board’s decision to remove all post-1940 structures from the City’s Inventory.

On Monday, 19 June 2006, under ADMINISTRATION, Principal Planner Brian Roseth presented his staff report to the Board. In his staff report, Mr. Roseth reviewed the history of their decision; that is, the City Attorney and Principal Planner recommended the removal of all post-1940 structures from the City’s Inventory. However, after meeting with the California Coastal Commission staff, the California Coastal Commission staff informed the City that their action was in violation of Carmel-by-the-Sea’s certified Local Coastal Program. Ergo, faced with an appeal and the lack of California Coastal Commission staff support, the City Council unanimously voted to remand the decision of the Historic Resources Board with direction to the board to reverse its decision.

By the following roll call, the Historic Resources Board (3-1) rescinded their 23 January 2006 decision and placed all the post-1940 historic resources back on the City’s Inventory of Historic Resources.

AYES: DYAR, HOLZ, WENDT
NOES: LAGERHOLM
ABSENT: COSS


NOTE: The Historic Resources Board’s rescission decision on 19 June 2006 was not reported in The Carmel Pine Cone.



CITY COUNCIL AGENDA & MINUTES
MAY 2, 2006


City Council Agenda
Regular Meeting
May 2, 2006


VIII. Public Hearings

B. Consideration of remanding a decision of the Historic Resources Board that removed properties from the Historic Resources Inventory developed between 1940 and 1956 with direction to the board to reverse its decision based on new information and analysis.

Meeting Date: 2 May 2006
Prepared by: Brian Roseth, Principal Planner
City Council
Agenda Item Summary

Name: CONSIDERATION OF REMANDING A DECISION OF THE HISTORIC RESOURCES BOARD THAT REMOVED PROPERTIES FROM THE HISTORIC RESOURCES INVENTORY DEVELOPED BETWEEN 1940 AND 1956 WITH DIRECTION TO THE BOARD TO REVERSE ITS DECISION BASED ON NEW INFORMATION AND ANALYSIS.

Description: On 23 January 2006, the Historic Resources Board removed 43 properties developed between 1940 and 1956 from the Historic Resources Inventory, until completion of an update to the Historic Context Statement. An appeal of this action is pending. Staff of the California Coastal Commission has informed the City that the Baord's action violates the approved LCP. The proposed Council action would remand the issue back to the Historic Resources Board with instructions to rescing its action in light of this new information.

Staff Recommendation:
Remand the issue to the Historic Resources Board with direction.

Important Considerations:
The Historic Resources Board removed 43 properties from the Historic Resources Inventory. All of these resources were developed between 1940 and 1956. This period is not yet covered in the City's Historic Context Statement. The Board removed these resources as a class, in one motion, pending completion of an update to the Context Statement. This avoided separate analysis, hearings and decisions on these properties. Although the Board's action was taken to save time, it violates the City's approved and certified Local Coastal Program. This Program establishes a clear process for removing historic resources from the City's Inventory.

Decision Record:
23 January 2006, the Historic Resources Board took action.


MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
May 2, 2006

VIII. PUBLIC HEARINGS

Consideration of remanding a decision of the Historic Resources Board that removed properties from the Historic Resources Inventory developed between 1940 and 1956 with direction to the board to reverse its decision based on new information and
analysis.

Don Freeman, City Attorney, presented the staff report and noted that the Historic Resources Board did not have the authority to remove the 1940-1956 properties from the Historic Resources Inventory and that their decision to do so was inconsistent with the Local Coastal Plan.

Mayor McCloud opened the meeting to public comment at 5:58 p.m.

Carla Ramsey, representative for the Local Government Relations Committee of the Association of Realtors in Monterey and Miriam Shakat, counsel for Lombardo & Gilles addressed Council regarding clarification of process of determining historicity.

At 6:04 p.m., Mayor McCloud closed the meeting to public comment.

Council Member CUNNINGHAM moved remanding a decision of the Historic Resources Board that removed properties from the Historic Resources Inventory developed between 1940 and 1956 with direction to the board to reverse its decision based on new information and analysis, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC & McCLOUD
NOES: NONE
ABSENT: ROSE
ABSTAIN: NONE

1 comment:

Anonymous said...

Is anyone really suprised Miller & Company's Carmel Pine Cone didn't promptly report the city's blatant error, or was it all in intentional good fun, wasting taxpayer's time and money with the coastal staff when they should have been preocupied elsewhere. What else is Miller not reporting, err I mean editorializing on, lots and lots.