HomeMy WebLinkAboutReport - Historic Preservation OrdinanceSTAFF REPORT
To: CITY COUNCIL, CITY OF PALM DESERT
From: CITY ATTORNEY, DAVID J. ERWIN
Date: March 15, 2006
Re:
REOUEST
of
.'µ cp
There can be an appearance of a cloud and a potential for a restriction for any of the classes other
MEETING DATE
L�CONTINUED TO
3-03-06,
7 O
0 PASSED TO 2ND READING
REPORT REGARDING THE HISTORIC PRESERVATION ORDINANCE
CONSULT AND THE EFFECT OF THE ORDINANCE ON TITLE TO REAL
PROPERTY
REPORT CONCERNING THE STATUS OF THE CONSULTATION REGARDING THE
TERMS OF THE HISTORIC PRESERVATION ORDINANCE AND THE AFFECT OF THE
CURRENT ORDINANCE AND ANY LISTINGS OF SITES OF INTERSET AND THEIR
AFFECT ON REAL PROPERTY.
SUMMARY
The consultant has been selected and it will be Janet Hansen of LSA Associates. We anticipate
the receipt of a draft contract for the purposes of reviewing our ordinance, and additinal
suggestions with regard to the application of that ordinance to sites, if any within the City, that
would fall under the terms of our Historic Preservation Ordinance. We anticipate that this
contract will be avaiable, within the next thirty (30) days.
The Ordinance in Chapter 29.05 of the Code of Palm Desert provides a number of categories to
be determined by the City Council with regard to specific structures and/or areas within the City.
These are categories as "classes". The classes 1, and 2, effectively create no cloud on legal title
at all. Clsee 3 and 4 deal with Historic Districts and the site designation within a Historic District
may potentially create a cloud on the title particularly as it relates to Class 4. Class 5 is a City
designation only, basically providing for an archive of the facility. There is the potential of a
ura cloud because of the usage restriction that could be placed on a Class 5 site. This usage
" restriction is in many respects similar to a zoning of the property. Class 6 and 7, clearly provides
clouds on the title because of the abilities to stay demolition or to restrict any modification or
removal in those areas. That summary basically reflects legal cloud that might be placed on title.
c
than 1 and 2.
Any designation must be approved and determined by an action of the City Council. The
committee merely makes recommendations. It would appear from a practical standpoint, that a
review of any site by the Committee and/or Council certainly creates an appearance of a
restriction on the property, this cloud would be until a determination is made similar to an
appearance of a conflict of interest. There may exist no legal cloud, but until there is a complete
determination, by the Council, the suggestion that some steps may be taken by a committee and
the Council to place some restriction or designation could have an affect on the ability to sell
and/or develop property.
I would be happy to answer any further questions the Council may have with regard to this issue.
By
Amir Hamidzadeh
By:
Carlos Orte
City Manager
DJE/sm
2
By:
DAVID J.C2RWIN
City Attorney
RMPUB\DERWIN1266700.1
'.... AGENDA PACKET
s TIO�l....�� �
MEETING DATE
Date: April 24, 2006
To: City Council of Palm Desert
Mayor Ferguson
Mayor Pro-Tem Kelly
Council Member Benson
Council Member Crites
Council Member Spiegel
From: Historic Preservation Committee
Kent Routh, Chair
Member Bonnie Bowie
Member Gale Broeker
Member Kim Housken
Member Jan Holmlund
Member Bob Pitchford
Member Jim West
Alternate Member Vera Handley
w
Re: Response to City Council Minutes, March 9, 2006
"E. Consideration of Historic Preservation Committee Project List", page 2
Palm Desert is young and vigorous. The past vision of the built city seems to have
expected single level construction, an upper and middle class profile, and to be
respective of its environment. It is beautiful and a very livable desert city. Growth and
development should not overwhelm well -proven benefits of the past.
The Palm Desert Historic Preservation Committee (HPC) believes the collective vision
of the city should be a recognized and accepted commitment. Authentic architecture
provides the historical records of a community. Standing, three dimensional, and real,
every culture is evidenced by its built environment. Historic preservation is of proven
economic, artistic, educational, and social value. The effort to retain significant
structures and sites is a national, state, and local effort and should be accepted with
well -deserved respect and appreciation.
The Historic Preservation Committee would value informative communication that would
explore change in city design or concept with relevant departments, committees, and
commissions, and city council members. Intelligent preservation declarations forwarded
to city council for resolution are dependent upon analysis of available fact and
supportive knowledge.
A cooperative network is a necessity. In a maturing city, an over -arching design
concept should not be developed a sewer line, a roadway, a block, a street, a
commercial interest or a house at a time. City design demands a well integrated
concept that serves as the visual and cultural base for the planned environment.
Design, redevelopment, landscape, historic preservation, and planning all refer to the
basic vision concept and city schemata for overlays and special districts. For example:
Should the newly accepted responsibility for Highway 111 become the site for small
scale resort hotels, reducing the size but continuing the hotel theme as it now exists at
the eastern end of the roadway in Palm Desert and in Indian Wells; should it be
landscaped, slowing traffic through the city and maintaining mountain views; should it
remain as is, a high speed through -way lined with a mix of modern and early settlement
commercial structures. These are exactly the type of legitimate questions raised by
both development and preservation, and citizen input is required to maintain an
acceptable community vision.
Requests relative to historic significance can arise from any source: trusts, property
owners, commercial interests, attorneys, staff of the city, county or state, developers,
city council members, historic preservation committee members, redevelopment, and
planning departments, and individual citizens are examples of petitioners.
Casework before the HPC has procedural requirements to provide all citizens with
equitable treatment and care. HPC reviews qualifications for significance, studies the
presentations, establishes hearing dates. When a level of classification is developed
the site study is referred to the City Council for final determination. Nationally, and at
the state, and other local levels, it is normal procedure to come to a committee or
commission for study of significance and then referred to the higher public council and
not in the reverse order.
Example: HPC was requested by Evergreen Development regarding the status of Palm
Desert Lodge ("Lodge"), located at 74527 Highway 111, Palm Desert, California and
review the property significance for historic value. After considerable research, with the
information available, the Committee voted to designate the site as Classification #5,
under City Ordinance No. 401. Precedent for declaring historic site significance of
motels such as the "Lodge" was established when 300 commercial motels of 50 years
of age were nominated by the New Jersey review board in the Wildwoods a resort on
the New Jersey Shore and accepted for listing on the National Register of Historic sites.
Ordinarily properties are reviewed on an individual basis unless already contained in a
special district. However, the economic value of the motels to the city, and the rarity of
such motels determined the generous listing. In the Class #5 designation for the
"Lodge" in Palm Desert, a photographic and measurement history of the site and
structure(s) is required to be placed on file with the City of Palm Desert, and the case
was referred to the City Council as required by Ordinance No. 401. Public hearings
were held throughout the review. Information concerning the public deliberations of the
HPC is available to all through the Department of Building and Safety. Procedural
noticing and public hearings are scheduled for City Council and the presentation for the
HPC is given by the Director of the Department of Building and Safety. Members of the
Committee are available for questions that may arise.
The current investigation site listing in Palm Desert contains a number of properties, not
in order of expected importance. Of these sites, seventeen (17) were officially
recognized a quarter century ago, in 1981, as having historical significance and are on
the Historic Properties Directory for: Palm Desert from the Office of Historic
Preservation, State of California Registry.
2
On first review other sites within the City of Palm Desert meet the federal, state, and
local historic designation on one or more criteria; evidencing the fact that there are
properties of significance within this city. Listings of structures date to 1937, and sites,
including the original mile square of the city, precede that date.
HPC has reviewed City Ordinance No. 401. It is, for the most part, similar to current
ordinances now in place in other parts of California. It can meet state and federal
requirements for information on site listing, and is certainly useable as it stands. Put
simply, it can be better than it is and benefit the city and the citizens of Palm Desert.
The committee has determined that a number of factors require streamlining and
updating. Example: A timed, routing request pathway through the City departments
should be formalized; environmental site preservation rules should be examined;
inclusion and integration of legal benefits, available through the state and federal
government, into city law; and approved city forms should be designed, printed and
made readily available. Professional advice on these and other matters relative to the
Palm Desert Historic Preservation Ordinance is expected in the near future.
The Historic Preservation Committee would like to advise the City Council that there are
historic sites in the City of Palm Desert that were recognized and recorded at the county
and state level as the result of a 1981 survey conducted under the auspices of
Riverside County with the assistance and support of the Historical Society of Palm
Desert.
3