Carmel-by-the-Sea City Council
SPECIAL CITY COUNCIL MEETING
Tuesday, December 19, 2006 at 4:30 p.m.
IV. Orders of Business
B. Reconsideration of a Mills Act Contract and a Maintenance and Management Plan and adoption of Findings for an existing historic residence located on the west side of Lincoln Street between 8th and 9th Avenues. The property owners are David & Debbie Hutchings. (De novo Hearing).
Public Hearing
Kent Seavey: The Elizabeth F. Armstrong House is historically significant, designed by noted California architect C. J. Ryland. Peer reviewed and evaluated by 5 entities for historical significance, all concurred house qualifies as an historic resource.
Meeting Closed to Public Comment
City Councilman Michael Cunningham:
Cited Finding #3: Alternations to the historic resource have been in the past, and will continue to be in the future, limited to interior work and to exterior rehabilitation and alterations that: (F) Meet all zoning standards applicable to the location of the property.
Changes to property in 2002 were approved as an exception by the Planning Commission, different from the property conforms to a zoning ordinance.
Hutchings Representative: Existing non-conformities…excess height, encroachments that are essential to maintain the integrity of the resource…treat it as conforming. In 2002 “you conditioned this property to conform with your then current zoning…”
Sean Conroy, Senior Planner:
Clarification of non-conformity issue;
Definition: Non-conformities associated with the historic resource, part of the historic fabric of the property, are considered conforming, but new non-conformities are not considered conforming as historic conformities are.
Council Member CUNNINGHAM moved denial of a Mills Act contract based on the property’s failure to meet all zoning standards applicable to the location of the property, seconded by Council Member ROSE and carried by the following vote:
AYES: CUNNINGHAM, HAZDOVAC, ROSE & McCLOUD
NOES: NONE
COMMENTS:
Carmel-by-the-Sea Municipal Code
Chapter 17.32HISTORIC PRESERVATION
17.32.100 Benefits Available to Historic Resources on the Register.
The Board is authorized to develop and implement preservation incentive programs that are consistent with this chapter. The following preservation incentives are available to owners of resources listed in the Carmel Register:
B. Mills Act Historical Property Contracts.
1. Purpose. A Mills Act contract under State law is an agreement between the City of Carmel and a property owner of an historic building listed on the Carmel Register. The property owner benefits from a reduction in property taxes, and the City is assured that the historic building is rehabilitated, maintained and preserved. All Mills Act contracts shall be established, processed and approved in conformance with California law.
Since potentially all historic resources are nonconforming properties, the City Council cannot have it both ways; that is, City Council Members recognize that historic resources in Carmel-by-the-Sea are nonconforming with regard to the city’s zoning code, and therefore ineligible for Mills Act contracts, and yet include in the City’s Local Coastal Program the promotion and implementation of preservation incentive programs, such as the Mills Act Contract.
· Carmel-by-the-Sea Municipal Code
17.32.100 Benefits Available to Historic Resources on the Register.
B. Mills Act Historical Property Contracts.
D. Nonconformities. Existing structural nonconformities associated with a historic resource listed on the register (e.g., setback encroachments, excess height or insufficient parking, etc.) that are essential to maintaining the integrity of the resource shall be treated as conforming for the purposes of applying CMC 17.36.030 and 17.36.040, in the review of maintenance, repair, alterations and additions. Design nonconformities shall be expanded or created only when this is found necessary to achieve consistency with the Secretary’s Standards.
As Mr. & Mrs. Hutchings representative stated, prior to the Planning Commission approving the requested changes in 2002, the Commission Members found the property in conformity with R-1 zoning standards. Ergo, for purposes of a Mills Act contract, the property does meet Finding (F) Meet all zoning standards applicable to the location of the property.
Reference:
17.32.100 Benefits Available to Historic Resources on the Register.
The Board is authorized to develop and implement preservation incentive programs that are consistent with this chapter. The following preservation incentives are available to owners of resources listed in the Carmel Register:
B. Mills Act Historical Property Contracts.
6. Review Process.
c. To grant approval of a Mills Act contract, the Board and City Council shall make all of the following findings:
i. The building is designated as an historic resource by the City and is listed on the Carmel Register.
ii. The proposed maintenance plan is appropriate in scope and sufficient in detail to guide long-term maintenance.
iii. Alterations to the historic resource have been in the past, and will continue to be in the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards, and do not affect the basic form and design of the original historic resource, and
(B) Do not affect any primary elevation, and
(C) Do not alter, damage or diminish any character-defining feature, and
(D) Do not increase floor area on the property by more than 15 percent beyond the amount established in the documented original or historic design of the resource, and
(E) Do not result in any second-story addition to a single-story historic resource, and
(F) Meet all zoning standards applicable to the location of the property.
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