City of Carmel-by-the-Sea Violates Local Coastal Program, Municipal Code & Superior Court Judge's Ruling

Detached Ivy from Exterior Wall of Flanders Mansion
Mission Trail Nature Preserve
Carmel-by-the-Sea, CA.

Water-Filled Pothole in the Driveway of the Flanders Mansion
Mission Trail Nature Preserve
Carmel-by-the-Sea, CA.

Instead of expeditiously complying with Judge Robert O’Farrell’s decision to maintain the Flanders Mansion property forthwith, the city instructed Special Counsel William Conners to file an objection to the decision, arguing that the City of Carmel-by-the-Sea is not obligated to maintain the National Register of Historic Places Flanders Mansion.

Selected excerpts regarding preservation, protection, rehabilitation, et cetera, from the City of Carmel-by-the-Sea’s General Plan/Coastal Land Use Plan Land Use & Community Character Element, as follows:

The City is charged with protecting and preserving the established design character of Carmel as well as its historic resources.

Cultural Resources and Historic Preservation
Historic resources are an important element of Carmel-by-the-Sea's community character. These resources and the City's approach to protecting them are discussed below. (LUP)

Most of Carmel-by-the-Sea's historic buildings exhibit myriad detailing, some of it intricate and some bold: surfaces are broken up by ridges, insets, decorative tiles, cavities, niches and abrupt changes of material; textures exhibit a great variety, from smooth-troweled plaster, brick, stone, rock or exposed aggregate to painted, carved or unfinished wood; corners often include bevels, bullnoses, cornices and moldings. (LUP)

Protection of Historic Resources
Although the Coastal Act does not specifically discuss historic preservation, this topic is related to the preservation of character required by sections 30251 and 30253 of the Act. The purpose of this component of the Land Use Plan is to provide a framework for policies that address the preservation of the diverse and valuable historic resources in Carmel. Its primary goals are to educate residents and visitors about the unique architectural, cultural and historic identity of Carmel-by-the-Sea, and to promote the identification and preservation of structures and sites that best represent this history. The addition of this component to the Coastal Plan reflects Carmel’s commitment to the preservation of its important historic resources and the City’s recognition of the role that historic resources play in defining community character. (LUP)

All these significant historic resources contribute to the City and its Sphere of Influence. They help to create a unique identity for the City that promotes Carmel as an attractive place for both residents and visitors. These buildings and sites serve as important reminders of Carmel’s rich history and the patterns in which it developed. Extending beyond its contributions to the quality of life in Carmel, preservation of cultural resources also provides direct economic benefits by maintaining the character and charm that makes this an attractive visitor destination.

Preservation requires that historic resources be protected and rehabilitated without changes that would damage their integrity. Specific historic resources will be preserved after identification through an ongoing survey and then implementing preservation programs that are effective. Only changes consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties will be allowed unless environmental review demonstrates that this is not feasible. (LUP)

A greater understanding of and appreciation for the cultural heritage of Carmel can be fostered through a comprehensive historic preservation program. This includes the preservation of local architectural resources and archaeological artifacts and sites, as well as conservation of the landscape features such as the parks, seashore, roadside greenbelts and natural setting that have played an integral role in making Carmel what it is today. This program will help to promote an ethic of cultural stewardship, encouraging the entire community to become actively involved in retaining and protecting these special resources of Carmel-by-the-Sea. (LUP)

Cultural Resources
Historic Preservation
G1-4 Promote the identification and preservation of historic resources including buildings, structures, objects, sites, districts, and archaeological resources that represent the unique architectural, cultural, and historic and prehistoric identity of Carmel-by-the-Sea. The definition of historic resources shall include the built environment, prehistoric resources and historic archaeological resources. (LUP)

P1-92 Notify property owners upon identification of each historic resource included in the Carmel Inventory. Provide information to property owners on the City’s preservation program and explain the benefits and responsibilities of owning an historic resource. Encourage owners to place their historic resource on National, State or Local Registers to maximize potential benefits to the owner and to the public. (LUP)

P1-94 Establish a process to help preserve and provide public recognition of historic resources. (LUP)

P1-101 Use the State Historical Building Code for historic buildings and properties. Foster a greater understanding of this Code among architects and building professionals. (LUP)

P1-102 Minimize adverse impacts to historic resources from natural disasters by promoting seismic safety, flood protection, and other building safety programs. Ensure the preservation of historic resources identified in the Carmel Inventory through the development and implementation of an effective emergency response plan. (LUP)

G1-5 Protect and enhance historic resources. Ensure that City ordinances, development review processes and administrative policies support, facilitate and coordinate with preservation activities. Provide incentives for property owners to preserve and rehabilitate historic resources. (LUP)

O1-16 Pursue and support the use of appropriate Federal, State, local and private grants, loans, tax credits, and tax relief. Develop or assist financial, technical, and legal assistance programs to encourage or assist with rehabilitation and maintneance. Participate in the State and Federal preservation process and programs. Make application to the State for becoming a Certified Local Government (CLG), which enables the City to receive technical training. (LUP)

P1-104 Prohibit demolition of all historic resources and prohibit changes to historic resources that are inconsistent with the Secretary of Interior's Standards and Guidelines unless it is determined through environmental review that alternatives consistent with the Secretary of Interior Standards are not feasible. When completing environmental review of any project affecting an historic resource, require exploration of one or more alternative designs that would be consistent with the Secretary of the Interior's Standards and Guidelines Standards. (LUP)

P1-105 Apply the Design Review Guidelines to ensure preservation, protection, enhancement, rehabilitation, reconstruction, and perpetuation of existing structures of historic significance in a manner consistent with the character of the village. Such criteria shall include, but not be limited to, architectural design, size, scale, height, spatial relationships, window, dormers, appurtenances, proportion and placement of improvements on the parcel, and landscaping, including planting or removal of vegetation. (LUP)

P1-106 Recognize existing architectural features and styles when reviewing alterations to historic resources. Strive to achieve compatibility between these historic elements and proposed changes. Allow historic resources included in the Carmel Inventory to retain existing land use and/or design nonconformities when proposed rehabilitation or repairs are found to be consistent with the Secretary of Interior's Standards and Guidelines. Allow changes to historic resources in the Carmel Inventory that expand an existing design nonconformity or create a new design nonconformity only when this is found to be necessary to achieve consistency with the Secretary or Interior's Standards and Guidelines. (LUP)

P1-107 Minimize adverse impacts to historic resources from natural disasters by promoting seismic safety, flood protection, and other building safety programs. Ensure the preservation of resources identified in the Carmel Inventory through the development and implementation of an effective emergency response plan. Prohibit and adopt penalties for intentional neglect and/or vandalism of historic resources (“demolition by neglect”). (LUP)

And relevant portion of the City’s Municipal Code, as follows:
Chapter 17.32
HISTORIC PRESERVATION
17.32.210 Maintenance and Upkeep.
A. Minimum Maintenance.
1. All resources included in the inventory shall be preserved against decay and deterioration, kept in a state of good repair and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a historic resource by neglecting it and by permitting damage to it by weather and/or vandalism.

2. Consistent with all other State and City codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects.

a. Building elements so attached that they may fall and injure members of the public or property.

b. Deteriorated or inadequate foundation.

c. Defective or deteriorated flooring.

d. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

e. Members of ceilings, roofs, ceilings or roof supports or other horizontal members which that sag, split or buckle due to defective materials or deterioration.

f. Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration.

g. Deteriorated, crumbling or loose exterior plaster.

h. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

i. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

j. Any fault, defect or deterioration in the building which that renders it structurally unsafe or not properly watertight.

3. If the Building Official determines that a historic resource or any other property is being neglected and subject to damage from weather or vandalism, the Director and/or Building Official shall meet with the owner or other person having legal custody and control of the historic resource to discuss with them ways to improve the condition of the property. If no attempt or insufficient effort is made to correct any noted conditions thereafter, the Building Official may issue a notice to comply requiring the owner or other person having legal custody and control of the historic resource to take action to require corrections of defects in the subject property in order that such historic resource may be preserved in accordance with this section.

Addendum:
Recently, water to the Flanders Mansion was shut off at the water meter next to the building near the garage. Reason: Unknown