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HomeMy WebLinkAboutORD 401ORDINANCE NO. 401 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE DESIGNATION AND PRESERVATION OF HISTORIC SITES, CREATING AN HISTORIC SITE PRESERVATION BOARD, REQUIRING CERTAIN CONSTRUCTION AND ALTERATION TO BE APPROVED BY THE HISTORIC SITE PRESERVATION BOARD, AND PROVIDING PENALTIES FOR VIOLATION. SECTIONS: 29.05.010 Chapter 29 Purpose and Authority HISTORIC SITE PRESERVATION BOARD 29.05.020 Definitions 29.05.030 Creation of Historic Site Preservation Board 29.05.040- ' Qualification of Members 29.05.050 Term of Office 29.05.060 Removal or Vacancy 29.05.070 Vacancy Caused by Absence from Meetings 29.05.080 Time and Place of Regular Meetings 29.05.090 Appointment of Officers 29.05.100 Adoption of Rules --Quorum 29.05.110 Board Records 29.05.120 Duties of Officers PROCEDURES FOR DESIGNATION OF HISTORIC SITES AND HISTORIC DISTRICTS 29.05.125 Created by Council 29.05.130 Initiation of Proceedings --National Register 29.05.135 Investigation and Study 29.05.140 Notice of Public Hearing 29.05.145 Findings and Recommendation to City Council 29.05.150 Public Hearing by City Council 29.05.155 Conduct of Hearing 29.05.160 Findings and Decisions --Resolution 29.05.165 Markers for Designated Historic Sites RULES AND REGULATIONS FOR HISTORIC SITES 29.05.170 Stay of Demolition 29.05.175 Effect of Stay Order --Exceptions 29.05.180 Approval Required 29.05.185 Application for Permit to Construct or Alter Structures 29.05.190 Factors to be Considered Upon Application 29.05.200 Procedure Upon Application 29.05.210 Special Considerations 29.05.215 Limit on Applications 29.05.220 Exceptions 29.05.225 Pre-existing Building Permits 29.05.230 Appeal 29.05.235 Penalty for Violation 29.05.240 Injunctive Relief 29.05.245 Compliance with Other Laws The City Council of the City of Palm Desert, California, DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 29 of the Palm Desert Municipal Code is hereby added to read as follows: 29.05.010 Purpose and authority. This chapter is adopted pursuant to the authority of Government Code Section 37361 for the purpose of preserving areas and specific buildings and areas of the City which reflect elements of its cultural, social, economic, political, architectural and archeological history. This chapter is intended to stabilize and improve buildings, structures or areas which are considered to be of historical, ORDINANCE NO. 401 architectural, archeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of specific buildings for the education and welfare of the citizens. 29.05.020 Definitions. A. Historic Site: An historic site is any real property such as: a building; a structure, including but not limited to archways; an archeological excavation or object that is unique or significant because of its location, design, setting, materials, workmanship or aesthetic effect and: 1. That is associated with events that have made a meaningful contribution to the nation, state or community; or 2. That is associated with lives of persons who made a meaningful contribution to the national, state or local history; or 3. That reflects or exemplifies a particular period of the national, state or local history; or 4. That embodies the distinctive characteristics of a type, period or method of construction; or 5. That presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age; or that possesses high artistic value; or 6. That represents a significant . and distinguishable entity whose components may lack individual distinction; or 7. That has yielded or may be likely to yield information important to national, state or local history or prehistory. B. Historic District: Any area of the City of Palm Desert containing a number of structures, natural features or sites having historic, architectural, archaeological, cultural or aesthetic significance and designated as an historic district under the provisions of this chapter. HISTORIC SITE PRESERVATION BOARD 29.05.030 Creation of Historic Site Preservation Board. There is created by the City of Palm Desert, the Palm Desert Historic Site Preservation Board; consisting of seven members who shall be appointed by the Palm Desert City Council. Nominations shall be submitted to the Council from the Palm Desert Historical Society's Board of Directors but are not required to accept such nominations. 29.05.040 Qualification of members. To be eligible for appointment to the Palm Desert Historic Site Preservation Board, an individual must have demonstrated knowledge and interest in the cultural, social, economic, political, architectural or archeological history of the area, either through experience, training, education or occupation. 29.05.050 Term of Office. The term of office for each member is four years. The members first appointed shall qualify themselves by lot so that two members serve two years, two members serve three years, and three members serve four years. Each member serves until his successor is appointed and qualifies. 29.05.060 Removal or vacancy. A member may be removed by a majority vote of the City Council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. 29.05.070 Vacancy caused by absence from meetings. If a member is absent from three successive regular board meetings the office becomes vacant automatically. The Chairman of the Board shall immediately notify the City Council of the vacancy. 29.05.080 Time and place of regular meetings. A regular meeting time shall be fixed; provided, however, that meetings shall not be less than once every three months. 29.05.090 Appointment of officers. A Chairman and Vice -Chairman shall be selected by the members. The Chairman and Vice -Chairman serve a term of one year or until a successor is selected. 29.05.100 Adoption of rules --quorum. The Board shall adopt rules for the transaction of its business with four members constituting a quorum for the transaction of business. 29.05.110 Board records. The Board shall keep a public record of its resolutions, transactions, findings and determinations. -2- ORDINANCE NO. 401 29.05.120 Duties of officers. A. Chairman: Shall preside over meetings of the Board; shall appoint necessary committees and shall perform the duties necessary or incidental to his office. B. Vice -Chairman: Sits as Chairman in the absence of the Chairman. C. Secretary: Shall keep minutes of each meeting and shall record the official actions taken and shall perform such other duties as the Board assigns. D. The Palm Desert Director of Building and Safety and his staff shall serve as Secretary and staff to the Palm Desert Historical Site Preservation Board. PROCEDURE FOR DESIGNATION OF HISTORIC SITES OR HISTORIC DISTRICTS 29.05.125 Created by Council. The City Council may designate one or more historic sites or districts by following the procedures specified in this chapter. Designations will be made by categorizing nominated sites and districts into one of the following classifications and such other categories as may be designated by resolution: Class 1 Site not qualified for designations. Not eligible for review for two years from date of initial review. Class 2 Site not qualified for designations. Not eligible for review for six months from date. of initial review. . Class 3 Site is located within an officially designated historic district and is not a contributing factor to the historic character of the district. No archive will be maintained. Eligible for review at any regularly scheduled meeting of the Board. Class 4 Site is located within an officially designated historic district and is a contributing factor to the historic character of the district. An archive will be maintained. Usage may be limited by the City Council. Eligible for review at any regularly scheduled meeting of the Board. Class 5 Site qualified for city designation only. An archive may be maintained. No stay of demolition or landmark eligibility. Usage may be restricted by the City Council. Eligible for review at any regularly scheduled meeting of the Board. Class 6 Site qualified for designation at the federal, state, county and city level. An archive will be maintained. Site is eligible for a six month stay of demolition. Site is eligible for plaquing. Usage may be limited by the City Council. Eligible for review at any regularly scheduled meeting of the Board. Class 7 Site qualified for designation at the federal, state, county and city level. An archive will be maintained. Site may not be modified nor object removed without the approval of the City Council. Site will be plaqued. Usage may be limited by the City Council. Eligible for review at any regularly scheduled meeting of the Board. 29.05.130 Initiation of proceedings --national register. A. The Palm Desert Historic Site Preservation Board may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the National Register by motion, and shall then hold at least one public hearing prior to making a recommendation to the City Council. B. The City Council may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the National Register by motion, and shall then refer the matter to the Historic Site Preservation Board for public hearing and recommendation. C. Upon final action by the City Council recommending a property for nomination to the National Register, the recommendation will be forwarded by the City Clerk to the appropriate Riverside County agency for historical preservation. The transmittal shall request that the County join in the recommendation and forward it to the appropriate State of California agency for historical preservation with a request that the State join in the recommendation and forward it to the Department of the Interior in Washington, D.C. for designation. -3- ORDINANCE NO. 401 29.05.135 Investigation and study. The Historic Site Preservation Board shall conduct or cause to be conducted such preliminary surveys, studies or investigations as it deems necessary to adequately inform the Historic Site Preservation Board and City Council prior to the public hearing, and shall make available to any interested person the results of any such survey, study or investigation. 29.05.140 Notice of public hearing. A. Mailed notice of the public hearing shall be provided at least ten days prior to the hearing to the owners of all property lying within the area proposed to be designated as an historic site or district and within 300 feet of the outer boundaries of the area proposed to be designated as an historic site or district, and in addition to such mailed notice, notice of such hearing shall be published in a newspaper of general circulation within the City at least ten days prior to such hearing. Notice shall also be given by placing a display advertisement in a newspaper of general circulation in the City, and by posting such notice in at least three conspicuous places within the proposed boundaries of such site. B. Notice may be combined. Notice of public hearing before the City Council may be combined with the notice of public hearing before the Historic Site Preservation Board provided that the date set for public hearing before the City Council shall be not more than 60 days later than the date set for public hearing by the Historic Site Preservation Board. For. good cause,. the, public. hearing before the City Council may be continued from time to time, without further published notice, by announcing that fact at the time and place set for the public hearing before the City Council. 29.05.145 Findings and recommendation to the City Council. Following such public hearing, the Palm Desert Historic Site Preservation Board shall make findings upon which it shall base its recommendation to the City Council concerning the designation of such proposed historic site or district. Within 30 days after the conclusion of the public hearing, the Historic Site Preservation Board shall file its recommendation with the City Council, together with a report of findings, hearings, and other supporting data. 29.05.150 Public hearing by City Council. The City Council shall hold a public hearing upon notice given in the same manner and to the same persons as required for the public hearing before the Historic Site Preservation Board, which notices may be combined as stated elsewhere in this chapter. 29.05.155 Conduct of hearing. At the public hearing the City Council shall receive all evidence and hear all interested persons, and the matter shall then be submitted to the City Council for decision. 29.05.160 Findings and decisions --resolution. If the City Council shall find that the purposes of this chapter are furthered by designation of property as an historic site or district, such findings shall be stated in a resolution designating such property within such historic site or district. From and after the adoption of such resolution, all property within such historic site or district shall be subject to the rules and regulations governing the demolition, preservation, rehabilitation or alteration of historic sites. 29.05.165 Markers for designated historic sites. A. Upon designation of a historic site by the City Council, the Historic Site Preservation Board may determine which historic sites shall be marked with uniform and distinctive markers. The markers shall be of a design approved by the City Council. B. As a courtesy, notice may be given to the Riverside County Historical Commission and the California Department of Parks and Recreation (Office of Historic Preservation) regarding the proposed location of markers prior to installation to permit recommendations by those agencies. RULES AND REGULATIONS FOR HISTORIC SITES AND HISTORIC DISTRICTS 29.05.170 Stay of demolition. At any time after the initiation of proceedings for designation of an historic site or district, the Historic Site Preservation Board may, upon its own motion or upon the application of any interested person, issue an order staying any proposed or threatened demolition or alteration of the exterior of any structure within or upon such proposed site. Such stay order shall be effective for no longer than 120 days, and is intended to afford time for necessary studies, hearings and determination whether such site should be designated as an historic site. Such stay order may be extended once for a period not to exceed 60 days. 29.05.175 Effect of stay order --exceptions. Upon the issuance of a stay order, no permit shall be given for the demolition or exterior alteration of any structure or the interior arrangement of a public building described in such stay order, and any such permit -4- ORDINANCE NO. 401 previously issued shall forthwith be revoked; provided, however, that a stay order shall not prevent the performance of any repairs, demolition or removal necessary for the protection of public health, or safety, and ordered by the Director of Building and Safety to be performed by the owner or occupier of such structure. 29.05.180 Approval required. No person may undertake any of the following within or upon an historic site or district without a certificate of approval from the Historic Site Preservation Board: 1. Construction of a new structure; 2. The moving, demolition or alteration of an existing structure in any manner which affects the exterior appearance of the structure; 3. A change in land use which affects the exterior appearance of a structure or the interior arrangement of public buildings; 4. The erection, remodeling or replacing of a sign which affects the exterior appearance of a structure. 29.05.185 Application for permit to construct or alter structures. A person who desires to construct including new construction), alter, move or demolish a structure within or upon an historic site or district shall file an application upon a form prescribed by the City. The application shall include all necessary information required by the rules of the Board. When the application is filed, it shall be referred to the. Board for review. 29.05.190 Factors to be considered upon application. In reviewing and acting upon each application the Board shall consider: 1. The historic value and significance, or the architectural value and significance or both, of the structure and its relation to the historic value of the surrounding area; 2. The relationship of the exterior architectural features of the structure to the rest of the structure itself and to the surrounding area; 3. The general compatibility of exterior design, arrangement, texture and material which is proposed by the applicant; 4. Archaeological or ecological significance of the area. 29.05.195 Board action restricted to exterior features --exception. The Board shall consider and pass upon only the exterior features of a structure and may not consider the interior arrangement of the structure, except in the case of public buildings. The Board may not disapprove applications except in regard to the considerations set forth herein. It is also the purpose and intent of this chapter that the Board be strict in its judgment of plans for structures considered to have historic or architectural value according to its judgment after detailed studies of the historic and architectural history of the city. It is also the purpose of this chapter and the intent of the City Council that the Board be lenient in its judgment of plans for structures which have little or no historic value or plans for new construction except for plans which seriously impair the historic or architectural value of surrounding structures or the archaelogical or ecological value of surrounding area. In adopting this chapter the City Council does not intend to limit new construction, alteration or repairs to any particular period or architectural style. 29.05.200 Procedure upon application. A. Upon the filing of an application, the Board Secretary shall set the matter for hearing and shall give notice in accordance with the rules of the Board. The public hearing shall be held and a decision made by the Board within 45 days from the date of application. If the Board fails to act within 45 days, the application is considered approved unless the applicant and the Board agree to an extension of time. B. At the conclusion of the hearing, the Board shall make its decision and shall file a certificate of approval or certificate of rejection with the Building Official of the City. No person may do any work upon a structure which is a subject of an application until the Board has filed its certificate of approval. If the Board files a certificate of rejection, the Building Official may not issue a building permit for such work. 29.05.210 Special considerations. A. If an application affects the exterior appearance of a structure or proposes to remove or demolish a structure in a manner which the Board considers to be detrimental to Palm Desert, the Board shall attempt, in cooperation with the owner, to arrive at an economically feasible plan for the preservation of the structure. B. If the Board is satisfied that the proposed construction or alteration will not materially impair the historic or architectural value of the structure, it shall approve the application. C. If the Board finds that the retention of the structure constitutes a hazard to public safety and the hazard cannot be eliminated by economic means available to the owner, the Board may approve the application. ORDINANCE NO. 401 D. If the Board considers the structure valuable for the period of architecture it represents and important to the neighborhood in which it exists, the Board may nevertheless approve the application if any of the following circumstances exist: 1. The structure is a deterrent to a major improvement program which substantially benefits the city; 2. Retention of the structure causes an undue hardship to the owner; or 3. Retention of the structure is not in the interest of the majority of the inhabitants of the city. E. The Board may approve the moving of a structure of historical architectural value as an alternative to demolition. 29.05.215 Limit on applications. No application for the same or similar work may be filed within one year after the Board has rejected it. 29.05.220 Exceptions. The regulations contained in this chapter for approval by the Historic Site Preservation Board do not apply to routine maintenance or repair to restore a structure as near as possible to its original condition after decay, injury, dilapidation or partial destruction of a structure within an historic district or upon an historic site, provided said maintenance or repair does not exceed three thousand dollars ($3,000)in value. 29.05.225 Pre-existing building permits.. This chapter does not apply to construction, alteration, moving or demolition of a structure started under a building permit issued before the effective date of this chapter. 29.05.230 Appeal. A. A person aggrieved by a Board action may appeal the decision to the City Council by filing a notice of appeal within ten days of the date upon which such decision is made. B. Such notice of appeal shall be in writing, filed with the secretary and in addition to the name and address of the appellant, shall contain the following: 1. A statement of the specific action appealed from; 2. A listing of the specific grounds of the appeal; 3. A statement of the facts supporting the grounds of appeal; 4. A specification of the relief or the action sought from the City Council; and 5. A declaration under penalty of perjury that all factual statements in the notice of appeal are true to the knowledge of the signer except as to matters which he has stated expressly are only upon his information and belief and that as to those matters he believes them to be true. C. The City Council shall hear such appeal within 40 days after the filing of notice of appeal. D. The City Council shall render a decision within 15 days after the hearing, which decision shall be deemed final. E. The appellant shall be notified in writing of the Council's decision at the address shown on the notice of appeal. 29.05.235 Penalty for violation. Any person who violates a provision of this chapter is guilty of an infraction and shall be punished upon first conviction by a fine not exceeding $500 for such offense. Any person who violates a provision of this chapter within five years of a prior conviction on the same grounds under this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500, or by imprisonment in the City Jail or in Riverside County Jail for a period of not more than six months, or by both such fine and imprisonment. 29.05.240 Injunctive relief. The Board may seek relief from the appropriate court to restrain or enjoin any violation of this chapter and of the orders and decisions of the Board, or to compel the reconstruction of any building, structure or object which is destroyed in violation of this chapter or the orders and decisions of the Board. 29.05.245 Compliance with other laws. The provisions of this chapter are separate from and additional to all other requirements of law, including but not limited to compliance with other ordinances and codes of the City, conditions of approval of land use permits and architectural review and approval. Neither a certificate of approval nor any other provision of this chapter shall be deemed to relieve the owner or applicant from full compliance with any such laws, ordinances, codes or conditions. SECTION 2. If any provision or section of this ordinance or the applicability thereof to any person or circumstance is held invalid, the remainder of such section and -6- ORDINANCE NO. 401 the remainder of this ordinance and the application thereof to other persons or circumstances shall not be affected thereby, and to this end the provisions of this ordinance are hereby declared severable. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation printed, published and circulated in the City of Palm Desert and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, this 29th day of November, 1984, by the following vote, to wit: AYES: BENSON, JACKSON, KELLY, WILSON AND SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE WALTER H. SNYDER, M OR ATTEST: SHEILA R. CITY OF P /mf CALIFORNIA -7-