HomeMy WebLinkAboutAppeal HPC 06-01 Palm Desert Lodge LLC Historic Site DesignationCITY OF PALM DESERT
BUILDING AND SAFETY DEPARTMENT
STAFF REPORT
REQUEST: Consideration of an appeal to a decision of the Historic
Preservation Committee for historic site class designation of Palm
Desert Lodge, located at 74527 Highway 111 at the southeast
corner of Highway 111 and Deep Canyon Road, Palm Desert,
California.
SUBMITTED BY: Amir Hamidzadeh, P.E., Director of Building and Safety
APPELLANT: Palm Desert Lodge, LLC, Michael Noto, George Demos, as trustee
of the Demos Trust, and Daniel Brush as trustee of the Peter
Demos Living Trust
CASE NOS: HPC 06-01
DATE: March 23, 2006
CONTENTS:
1. Historic Preservation Committee Meeting -- February 27, 2006 Preliminary
Minutes
2. Ordinance No. 401
3. Exhibit
Recommendation:
Per the current Ordinance 401, Section 29.05.125, staff recommends the
approval of Case No. HPC 06-01 and that the Historic Preservation
Committee's recommendation of Class 5 designation for the Palm Desert
Lodge building be upheld subject to an archive and maintenance of all
appropriate information and photographic documentations.
"Class 5 is for sites qualified for City designation only. An archive may be
maintained. No stay of demolition or landmark eligibility. Usage may be
restricted by City Council. Eligible for review at any regular scheduled
meeting of the board."
Executive Summary:
The Palm Desert Lodge project was originally brought to the attention of the Historic
Preservation Committee after the City of Palm Desert received a call from a developer
who was interested in the demolition of the existing Palm Desert Lodge building and
replacing it with a Walgreen's Drug Store. Upon receiving this notice, the information
Staff Report
Palm Desert Lodge Appeal
Page 2 of 4
March 23, 2006
was referred to the Historic Preservation Committee for further review and their
recommendation to the City Council for its historic class designation.
The Historic Preservation Committee has conducted hours of research and has held
two public meetings and one public hearing in regards to this property in order to make
a sound recommendation to City Council and avoid making a decision that would
irreversibly impact the community.
The Palm Desert Lodge is located at 74-527 Highway 111 on the southeast corner of
Highway 111 and Deep Canyon Road. To the north of this property, across Highway
111, is a big shopping center. On the south, this project backs up to a residential
neighborhood. Immediately to the east, there is vacant commercial zoned property also
owned by Mr. Noto, and to the west across from Deep Canyon Road is a gas station.
The parking for this project is located on the north and northwest part of the property.
The Palm Desert Lodge is comprised of two separate types of buildings. The original
building is a single story wood framed building in the back of the property containing
rooms with porches facing the pool area. The second building is a two-story masonry
structure facing Highway 111 that was added at a later date.
According to the documents gathered, the Palm Desert Lodge has been in operation in
that location for over 40 years.
Discussion:
CHARACTERISTICS:
The City of Palm Desert's Ordinance No. 401 was adopted on November 1984 with the
purpose of preserving areas of community and specific buildings reflecting important
historic value.
Per Section 29.05.020 of this ordinance, the definition of a historic site reads, "An
historic site is any real property such as a building, 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..." it
continues with seven (7) categories. The seven categories include such buildings that
have association with a historic event; famous person; particular period; distinctive
characteristics; or a well-known designer, artist, or architect.
When deciding on the recommendation of the class designation for this property, the
Historic Preservation Committee unanimously agreed that this building meets the
definition of the "Historic Site" as it appears in the ordinance and that this site reflects a
particular period in local history. Even though the date of construction is uncertain, but
from the research conducted, it appears that the Palm Desert Lodge single story
building was originally built in mid 1950s. With porches facing the central pool and play
Staff Report
Palm Desert Lodge Appeal
Page 3 of 4
March 23, 2006
area surrounded by a large open green space and trees are descriptive of an older, yet
friendly and inviting lodge environment. In the late 1960s the second building was
added to this project to provide more accommodations and act as a buffer to Highway
111.
Palm Desert Lodge represents a sense of place and time that is much more
approachable and comfortable than can be found in many exotic upscale hotels in the
community in recent years. This would be that of lodging as a tourist destination in the
newly formed area of Palm Desert. This site also represents a distinctive type of
construction of the vernacular roadside architecture of the motor lodge. Palm Desert
Lodge is one of the last buildings of its type built on Highway 111.
CLASSIFICATION:
After numerous hours of research, gathering information and several public meetings,
on February 27, 2006, the Historic Preservation Committee in a public hearing
unanimously voted 7-0 in favor of Palm Desert Lodge being recommended to City
Council to be recognized under the Class 5 designation.
Section 29.05.125 of Ordinance 401 describes Class 5 as, "Sites qualified for City
designation only. An archive may be maintained. No stay of demolition or landmark
eligibility. Usage may be restricted by City Council. Eligible for review at any regular
scheduled meeting of the board."
• Class 1 and 2 are for sites that are either not qualified for any designation or they
are to be reviewed in future. In a discussion with the property owner, and his
representatives on January 30, 2006, they indicated that keeping or upgrading of
the property is not making any economical sense for the owner because of its
extensive and expensive cost (estimated around $600,000 with $150,000 for the
sewer hook up alone). However, they mentioned that they have interested people
that would lease or purchase it as vacant land. This classification is not
appropriate for this site as it is unanimously agreed that this site has unique
features and meets the historic site definition. On the other hand if we class this
project as Class 1 or 2, it would mean that, the owner is subject to wait for further
review, which would result on continued financial burden or restriction on a
property owner.
• Class 3 and 4 are for sites that are located within an officially designated historic
district. This property does not fall in these classifications as it does not fall in any
designated historic district.
• Class 5 is for sites qualified for City designation only. An archive may be
maintained. No stay of demolition or landmark eligibility. Usage may be restricted
by City Council and is eligible for review at any regular scheduled meeting of the
Staff Report
Palm Desert Lodge Appeal
Page 4 of 4
March 23, 2006
Committee. This classification is best suited for the subject property. It gives the
building a City designation, and we can gather all the necessary information,
documents, and photographs. We can keep, archive, and maintain this
information at the City of Palm Desert for future reference. Additionally, the
property owner will be able to demolish the building and lease or sell his property
as a vacant land as so desired.
Class 6 and 7 are for sites that qualify for city, county, state, and federal level
designation and are limited in use, modifications, and demolition. They also need
to meet the State and Federal guidelines one of which is for the structure to be of
at least 50 years of age. It also needs to meet the historic site definition as in a
more significant way. The front building facing Highway 111 does not meet the
50 years criteria and the age for the older original single story buildings is
unknown, hence it does not qualify this building for this classification.
Conclusion:
Even though the Palm Desert Lodge does not qualify for the State and Federal
recognition of Class 6 or 7, however with it over 40 years of age, it provides the friendly
and comfortable lodge environment that many tourists seek. Palm Desert Lodge is one
of the last buildings of its type on Highway 111 that has a distinctive type of roadside
motor lodge architecture and construction. A Class 5 designation will give this property
a City recognition and yet it would allow the property owner to demolish, lease or sell
the property as desired subject to archive of photos and documents of this property.
Submitted by:
Amir (Ali) Hamidzadeh
Director of Building and Safety
Approval:
Carlos Ortega, Cit anager
Review a6d Concur:
A
Homer Cro" istant City Manager
for DevelopmelU Services
Chapter 29.05 HISTORIC PRESERVATION Page 1 of 8
Palm Desert Municipal Code
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Title 29 HISTORIC PRESERVATION
Chapter 29.05 HISTORIC PRESERVATION
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 archaeological history. This chapter is intended to stabilize and improve buildings, structures or areas
which are considered to be of historical, architectural 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. (Ord. 401 § 1 (part),
1984)
29.05.020 Definitions.
A. "Historic district" means 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.
B. Historic Site. An "historic site" is any real property such as: a building; a structure, including but not limited to
archways; an archaeological 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.
(Ord. 401 § 1 (part), 1984)
ARTICLE I. 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. (Ord. 401 § 1 (part),
1984)
29.05.040 Qualification of members.
To be eligible for appointment to the Palm Desert historic site preservation board, an individual must have
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demonstrated knowledge and interest in the cultural, social, economic, political, architectural or archaeological history of
the area, either through experience, training, education or occupation. (Ord. 401 § 1 (part), 1984)
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. (Ord. 401 § 1 (part), 1984)
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. (Ord. 401 § 1
(part), 1984)
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. (Ord. 401 § 1 (part), 1984)
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. (Ord. 401 § 1 (part), 1984)
29.05.090 Appointment of officers.
A chairman and a 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. (Ord. 401 § 1 (part), 1984)
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. (Ord. 401 § 1 (part), 1984)
29.05.110 Board records.
The board shall keep a public record of its resolutions, transactions, findings and determinations. (Ord. 401 § 1 (part),
1984)
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.
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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. (Ord. 401 § 1 (part), 1984)
ARTICLE II. 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. (Ord. 401 § 1 (part),
1984)
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. (Ord. 401 § 1 (part), 1984)
29.05.135 Investigation and study.
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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.
(Ord. 401 § 1 (part), 1984)
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 three hundred 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 sixty 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. (Ord. 401 § 1
(part), 1984)
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 con cerning the designation of such proposed historic site or district.
Within thirty 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. (Ord. 401
1 (part), 1984)
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. (Ord. 401 § 1 (part), 1984)
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. (Ord. 401 § 1 (part), 1984)
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. (Ord. 401 § 1
(part), 1984)
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29.05.165 Markers for designated historic sites.
A. Upon designation of an 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. (Ord. 401 § 1 (part), 1984)
ARTICLE III. 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 one hundred twenty 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 sixty days. (Ord. 401 § 1 (part), 1984)
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 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. (Ord. 401 § 1 (part), 1984)
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:
A. Construction of a new structure;
B. The moving, demolition or alteration of an existing structure in any manner which affects the exterior
appearance of the structure;
C. A change in land use which affects the exterior appearance of a structure or the interior arrangement of public
buildings;
D. The erection, remodeling or replacing of a sign which affects the exterior appearance of a structure. (Ord. 401 § 1
(part), 1984)
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. (Ord. 401 § 1 (part), 1984)
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29.05.190 Factors to be considered upon application.
In reviewing and acting upon each application the board shall consider:
A. 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;
B. The relationship of the exterior architectural features of the structure to the rest of the structure itself and to the
surrounding area;
C. The general compatibility of exterior design, arrangement, texture and material which is proposed by the
applicant;
D. Archaeological or ecological significance of the area. (Ord. 401 § 1 (part), 1984)
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 archaeological 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. (Ord. 401 § 1 (part), 1984)
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 forty-
five days from the date of application. If the board fails to act within forty-five 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. (Ord. 401 § 1 (part), 1985)
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.
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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 hard ship 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.
(Ord. 401 § 1 (part), 1984)
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. (Ord. 401 § 1
(part), 1984)
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 such maintenance or repair
does not exceed three thousand dollars in value. (Ord. 401 § 1 (part), 1984)
29.05.225 Preexisting buiidin4_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 the ordinance codified in this chapter. (Ord. 401 § 1 (part), 1984)
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 forty days after the filing of notice of appeal.
D. The city council shall render a decision within fifteen 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.
(Ord. 401 § 1 (part), 1984)
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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 five hundred dollars 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 misde meanor
and shall be punished by a fine not to exceed five hundred dollars, 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. (Ord. 401 § 1 (part), 1984)
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. (Ord. 401 § 1 (part), 1984)
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. (Ord.
401 § 1 (part), 1984)
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CITY OF PALM DESERT
HISTORIC PRESERVATION COMMITTEE
PRELIMINARY MINUTES
FEBRUARY 27, 2006
Council Chambers
I. CALL TO ORDER
Chair Kent Routh called the meeting of the Historic Preservation Committee to
order at 10:02 a.m.
II. ROLL CALL
Present: Absent:
Bonnie Bowie
Gale Broeker
Jan Holmlund
Kim Housken
Bob Pitchford
Kent Routh
Jim West
Vera Handley (alternate)
Also Present:
Amir Hamidzadeh, Director of Building and Safety
Hal Rover, President Historical Society
Mary Clark, Recording Secretary
III. SWEARING IN OF NEW MEMBER — Rachelle Klassen, City Clerk, swore in Gale
Broeker, a new member to the Historic Preservation Committee.
IV. APPROVAL OF MINUTES
Committee Member Jan Holmlund moved to accept the minutes of the January
30, 2006 meeting with the corrections noted on Pages 2, 4, and 6. Committee
Member Bonnie Bowie seconded the motion and it was unanimously approved
7-0.
V. CONTINUED ITEMS
A. Palm Desert Lodge, Case No. HP 06-01 — Voting on recommendation to
City Council for historic classification/designation. Chair Kent Routh
indicated that a motion was needed to approve the Staff Report.
Motion #1: Committee Member Jan Holmlund moved that the property
located 74527 Highway 111, Palm Desert, California —Palm Desert Lodge
be recognized under ParaQrar)h 29.05.020 Definitions as #7 of historic
interest to the City. Ms. Holmlund quoted that definition "it has yielded or
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EXHIBIT 1
HISTORIC PRESERVATION COMMITTEE
Minutes
FEBRUARY 27, 2006
may be likely to yield information important to national, state or local history
or prehistory." In addition, that it also fits under Paragraph 29.05.125
Created by Council. on Page 3 of the Historic Preservation Ordinance as
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. "
Committee Member Bob Pitchford seconded the motion.
Discussion:
Committee Member Jan Holmlund said that she would like to explain the motion.
She said that her first thought was to list it as a Class 5 as more was learned
about the structure and about what was happening along Hwy. 111, which is very
limited information. Ms. Holmlund indicated that she became concerned that the
Committee did not have the kind of information that might create an irreversible
decision since this is the only structure of its kind left on Hwy. 111, which offers a
glimpse of history into the City that is not available elsewhere on Hwy. 111. Ms.
Holmlund's concern is that the destruction and the results of destruction are
irreversible and social policy should err on the side of refraining from such activity.
Committee Member Jim West said that as a talking point on Palm Desert Lodge,
74527 Highway 111. "It is moved that the property located at 74527 Highway 111
does meet the requirements for historic site as defined in Section 29.05.020 in
City Ordinance No. 401. Specifically this site reflects a particular period in local
history. This would be that of lodging as a tourist destination in the newly formed
area of Palm Desert. This site also represents a distinctive type of construction.
This would be that of the vernacular roadside architecture of the motor motel. It is
further moved that this site be designated as a Class 5 as defined by Section
29.05.125 in City Ordinance No. 401. In presenting this recommendation to City
Council this Committee suggests that a complete professional photographic
documentation be made of this property with both exterior and interior views
represented. This should be added to measured site drawings and maintained in
a City archive. It is also recommended that in the event that the owner should
ever decide to cease the operation of this facility that every reasonable effort is
made for adaptive reuse of this property and/or select features (such as the neon
street sign, light fixtures)." Mr. West indicated that this is a slightly different
proposal and understands that it is not on the floor because a motion has been
submitted and seconded, but is entering it for discussion.
Vote: Chair Kent Routh asked for a vote on the motion to designate as a Class 6.
Motion #1 failed with 5 NO votes and 2 YES votes.
Motion #2: Committee Member Jim West presented the following motion.
"It is moved that the property located at 74527 Highway 111 does meet the
requirements for historic site as defined in Section 29.05.020 in City Ordinance
No. 401. Specifically this site reflects a particular period in local history. This
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HISTORIC PRESERVATION COMMITTEE
Minutes FEBRUARY 27, 2006
would be that of lodging as a tourist destination in the newly formed area of Palm
Desert. This site also represents a distinctive type of construction. This would be
that of the vernacular roadside architecture of the motor motel. It is further moved
that this site be designated as a Class 5 as defined by Section 29.05.125 in City
Ordinance No. 401. In presenting this recommendation to City Council this
Committee suggests that a complete professional photographic documentation be
made of this property with both exterior and interior views represented. This
should be added to measured site drawings and maintained in a City archive. It is
also recommended that in the event that the owner should ever decide to cease
the operation of this facility that every reasonable effort is made for adaptive reuse
of this property and/or select features (such as the neon street sign, light fixtures)."
Vote: Committee Member Kim Housken seconded the motion. Motion #2
received a unanimous vote 7-0 in favor.
Discussion:
Committee Member Jan Holmlund said that she would like to amend the motion.
She felt it would be very helpful if this item went to the scenic design group of the
City for scenic preservation overlay review. To make sure when and where
possible this particular property is treated with environmental respect. At the
present time there are grass and trees there, which are very beneficial to the
entire look of Highway 111, and she would second the importance of the
photographic file, etc but would like to add to that to amend the motion that this go
to the scenic preservation overlay ordinance and that the Commission that
overlooks that for preservation of scenic vistas, setbacks, landscaping, building
height, and signs. Ms. Holmlund indicated as part of the package that would be
forwarded to City Council, she would also like information attached from that
Commission to give some guidance for that property for future use.
Committee Member Jim West asked if Ms. Holmlund was submitting this as a
separate motion? Ms. Holmlund indicated that she wanted it as an addendum.
Amir Hamidzadeh, Director of Building and Safety, pointed out that there is a
process already in place in the City should there be any other use of the property,
new buildings, and/or new construction.
Motion #3: Committee Member Jan Holmlund moved "that the recommendation
that this Committee makes to the City Council carry comments from the Scenic
Preservation Commission visa ve the preservation of scenic vistas, setbacks,
landscaping, building heights, signs, and the mitigation of its excessive noise
impacts along with our recommendation."
Discussion:
John Criste, Terra Nova Planning, representing the owner, commented that the
City General Plan provides for a process for the review of any proposed change in
land use. The City General Plan has a community design element that the
Architectural Review Committee, Planning Commission, and the City Council are
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HISTORIC PRESERVATION COMMITTEE
Minutes FEBRUARY 27, 2006
to take into consideration when they review these any kind of change including
setbacks, landscaping, aesthetic issues, and others come into play.
Committee Member Jan Holmlund said that under Section 29.05.020 Definitions.
A and 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." And an Historic Site: An historic site
is any real property such as: a building; a structure, including 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:...". Ms. Holmlund indicated that the Committee does have an interest and an
obligation to look at the environment that is being changed, and it is important that
the City Council recognize that with this recommendation to Class 5 that the
Committee is not considering adaptive reuse. The Committee is considering
destruction of the site, and the City Council needs to know that that includes not
only the structures on the site but the environment of the site. Ms. Holmlund
indicated that she would like to have a page attached that says that someone who
looks at the scenic environment of the City has looked at this property and is
allowed to make their comments on it.
Tom Slovak, Attorney representing the owner, commented that the new motion on
the floor would place restrictions on the property that would prevent the owner
from going forward and demolishing the property and using it as it was hoped. Mr.
Slovak indicated that since the last meeting another sale was lost. The property is
unmarketable, and he felt the amendment would keep it unmarketable. Mr. Slovak
pointed out that the City has a detailed process in place to address future use of
the property and asked that this item go forward without the amendment.
Joan Swanson, resident on Deep Canyon for 30 years, indicated she would like
the environmental and noise impact issues addressed because Deep Canyon in
South Palm Desert already experiences heavy traffic and noise. She indicated
that any future use of the property should be compatible with the neighborhood.
Committee Member Kim Housken suggested that wording be added recognizing
that the property is located within the scenic preservation overlay.
Committee Member Jan Holmlund indicated that would be fine but wanted it to be
certain that City Council received that information in a way that is really obvious to
them and that the environment of that site is being changed should a certificate of
demolition be given.
Committee Member Jim West commented that in the motion that passed the
wording interior and exterior documentation could include the entire site of what
was would include the environment, and could include videotaping.
Amir Hamidzadeh, Director of Building and Safety, pointed out that when a new
project goes through the City, noise and traffic studies are conducted. However, if
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HISTORIC PRESERVATION COMMITTEE
Minutes FEBRUARY 27, 2006
the Historic Preservation Committee wants to recommend to City Council
additional items that is their prerogative.
Vote: Motion #3 failed 6 NO votes and 1 YES vote. Committee Member Bonnie
Bowie indicated she voted NO because the additional motion was redundant. The
City already has processes in place.
B. Joint Venture with Palm Desert Historical Society and Historic
Preservation Committee regarding recognition for historic remodeling.
Chair Kent Routh said that he received information from the City of Sonoma.
He indicated that what is being proposed is some sort of recognition for
persons or entities that have gone into remodeling or restoration that is in
keeping with the Committee's view on historic preservation. The purpose is to
create public interest.
Committee Member Jim West noted for the record that annually the
organization PS Modcom awards exactly that kind of award to both residential
and commercial structures, so they basically recognize business owners who
maintain properties and residences. One of the awards presented last year
was in Palm Desert, which was the addition to the church on Highway 74. Mr.
West suggested that the Committee talk to them about the nomination
process.
Chair Kent Routh suggested that publicity could be done on the City of Palm
Desert web site, newsletter, and local newspapers. Committee Member Gale
Broeker asked if the City of Ventura model could be looked at as well as any
other California models. Chair Kent Routh asked that this item be placed on
the March agenda. Committee Member Kim Housken suggested that City staff
could assimilate programs from other cities. Amir Hamidzadeh, Director of
Building and Safety, said yes.
VI. ORAL COMMUNICATIONS
A. CHAIR REPORT — Kent Routh
1. Chair Kent Routh said that he had hoped that they could discuss adoption
of the Mills Act to the City Council but since it is not specifically on the
agenda. Amir Hamidzadeh, Director of Building and Safety, indicated that
he plans to put this item on a future City Council agenda. Committee
Member Jan Holmlund said that the Historic Preservation Committee need
to be on record as voting positively that this be presented to City Council.
The Historic Preservation Committee will place this item on the March
agenda for a vote.
2. Chair Kent Routh complimented Committee Members Jim West and Kim
Housken for their participation and influence in the film shown at the Palm
Springs Museum, Desert Utopia. Committee Member Kim Housken said
that the film might be shown again in a month because it was sold out.
Committee Member Jim West indicated that there was discussion that the
GA81dgSfty\Mary C1arklWord data\Histodc Preservation Committeeftnutes\Minutes 22706.doc 5
HISTORIC PRESERVATION COMMITTEE
Minutes FEBRUARY 27, 2006
film might be expanded and a possible multi -part presentation on PBS.
Committee Member Jan Holmlund said she spoke with the film Director
and asked if it could be shown down valley, and he indicated he thought it
would be possible.
3. Hal Rover, President Historical Society, said that on behalf of the
Historical Society they are thrilled with all of the work that has been done
by the Committee and wanted to commend each member.
B. SUBCOMMITTEE REPORT
Committee Member Jim West discussed the City's tour book that is going
to be published which will include public art pieces but a sampling of
architecture in the City of Palm Desert. Richard Twedt, Public Arts
Manager, asked him to mention that that process is firming up, and Mr.
West is reviewing a map of the architecture sites.
2. Ordinance Subcommittee "Draft of Ordinance Interest List" -- Committee
Member Jan Holmlund asked the Committee if there were any additions or
changes to the draft list. Committee Member Kim Housken said that the
list was very inclusive. She indicated that at this time the Committee is
advisory and she wondered if there were plans to change that. Ms.
Holmlund indicated that is a recommendation that the Committee needs to
make if they want it changed, and a point that should be added when it
goes out to the consultant.
C. INDIVIDUAL COMMITTEE MEMBER REPORTS
Committee Bob Pitchford discussed old photographs of the early years of
the City. They were circulated for the Committee members to view.
VI1. OLD BUSINESS
A. Report on Request for Consultant — Amir Hamidzadeh, Director of Building
and Safety, indicated that a couple of the consultants that are being
considered are on the City's new consultant list. He said that he has
contacted them and the next step would be determining a time for them to
begin. Chair Kent Routh asked that this item be placed on the March agenda
for update.
B. College of the Desert Campus Changes — Committee Member Kim
Housken provided a visual presentation of the C.O.D. proposed new buildings
that are going to be built and buildings that are going to be demolished. Ms.
Housken indicated that they are going to eliminate two of the original
buildings one is the Registration Building and the other is an outer building,
originally a technology building. She said that she wrote a response to the
EIR with four comments one being the Velma Dawson house not being
identified on the 1981 list, and received a comment back. The EIR is being
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HISTORIC PRESERVATION COMMITTEE
Minutes FEBRUARY 27, 2006
changed to read: The Historical Society of Palm Desert identifies the Velma
Dawson house constructed in 1948 and previously known as the Odell Ranch
House as a historical site and the 1981 Riverside County Historical
Commission identifies the house as a recorded historical site. Ms. Housken
said that her letter was written as a concerned citizen, and she is looking for
direction on how to proceed. The architects for the Registration Building,
Building #5 (formerly student center) was Frey and Chambers. The architect
for the smaller outer building, which was originally the technology building,
was Wexler and Harrison. Committee Member Jim West indicated that there
are original plans of the campus that are maintained in the Building and
Maintenance Department of C.O.D. and suggested that the City of Palm
Desert should have copies of the plans as a resource. Chair Kent Routh
asked Committee Member Kim Housken to be the official representative of
the Historic Preservation Committee at the next C.O.D. meeting on March 21,
2006, and that this item appears again on the Committee's March agenda.
VIII. NEW BUSINESS
A. Committee Member Jan Holmlund provided a copy of a dated list titled
Helpinq Hands, which lists organizations as resources for historic
preservation to each Committee Member.
B. Committee Member Jim West said that an item that came up at their
workshop was that when realtors sell a property they are referring to them as
historic, and one in particular on Hedgehog referred to Walter White and how
important the building was. He indicated this means that the Committee is
getting the knowledge out to the right people and he felt that is a positive sign.
C. Committee Member Kim Housken commented that when the Committee
receives letters from people concerned about things going on with the
Committee and begin referring to the designation of historic properties as a
taking of property, she found it offensive. For the record, she did research and
historically the courts have sided with historic preservation, and they do not
consider it a taking of property.
D. There was discussion and the Committee decided to hold monthly workshop
meetings the third Friday of each month at 10:00 a.m. and asked that Staff
find a meeting room they can use on a monthly basis. The next workshop
meeting will be Friday, March 17, 2006.
IX. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
None
X. CONFIRM NEXT MEETING DATE AND ADJOURN
The Historic Preservation Committee's next meeting is Monday, March 27, 2006,
10:00 a.m., Administrative Conference Room.
Chair Kent Routh adjourned the meeting at 11:35 a.m.
G:\BldgSfty\Mary Clark\Word data\Histodc Preservation Committee\Minutes\Minutes 22706.doc
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CITY OF PALM DESERT, CALIFORNIA
Case No.
APPLICATION TO APPEAL
DECISION OF THE
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SL�VAK BAFZ(�N EMP�Y��
A T T 0 R N E Y S A T � A W
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A1ARC E. f:.hiPEY
JASON D. DABARLINF.R
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BRIAV E. WHITLEY
CHARLES L. GALLAGHEIt
V INCEhT R. W fil'ITAKER
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LISA D. IENI'1.Fh
MAIJREIiN F. CiU1NAN
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MYRON MEYERS, P.C.
l l. NEAL W F.I.IS 111
1800 E. TAHOUITZ CANYON WRY, PALM SPRINGS, CALIFORNIA 92262
PNONE (76�J 322-2275 FAX (76�) 322-210]
March 6, 2006
NOTICE OF APPEAL AND APPEAL TO CITY COUNCIL OF HISTORIC SITE
PRESERVATION BOARD
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Palm Desert Lodge, LLC, Michael Noto, George Demos, as trustee of the Demos Trust, and Daniel
Brush as trustee of the Peter Demos Living Trust (Owner) hereby appeal to the Palm Desert City
Council from the February 27, 2006 decision of the Palm Desert Historic Site Preservation Board
("Board") designating the Palm Desert Lodge ("Lodge") as a historic site.
representative of Owner is Michael Noto whose business address is 74-527 Hwy
1532, Palm Desert, CA 92260
The specific action appealed from is:
The authorized
111, P. O. Box
A. The recommendation by the Board to the City Council that: The Lodge should
be deemed a Class 5 historic site pursuant to Article II, Section 29.05.125 of
Palm Desert Ordinance 401 as adopted in November 1984.
B. The motion pursuant to which the Class 5 historic site designation was made
also included vague language, in addition to the specific parameters of Class
5 as set forth in the ordinance, which are likewise the subject of this`appeal.
While no transcript of the motion as offered by Board Member West and
adopted by the Board is available to this appellant, Owner nonetheless recalls
that the motion was accompanied by language to the effect that the Council
"would encourage or require that the property be kept `as is,' or a use similar
to that now in existence" meaning that a future property owner would not be
entitled to use the property without restriction and only subject to zoning
restrictions existing as of the time of use application.
ORANGE COUNTY OFPICF.
b50TOWN ('ENTER DRIVF:, SL9TF. I4W
COSTA MCSA, CALIFORMA 92626
PHONE (714) 475�9591 FAX (714) 850-9p1 I
Notice of Appeal and Appeal to City Council of Historic Site Preservation Board
Page 2
C. Any designation that the Lodge is a historic site under any
classification of the Palm Desert Historic Preservation ordinance, chapter
29.05 et seq.
2. The grounds of the appeal are:
A. The Lodge does not qualify as a historic site under the ordinance.
B. The Lodge does not qualify as a Class 5 historic site.
C. Any designation as a historic site is inconsistent with the changing
environment of the city overall and the surrounding commercial
development, specifically. The changes in the development, traffic patterns
and noise levels in modern day Palm Desert make any use such as now
existing or any attempt to compel a future such use to be inconsistent with the
best interests of the City.
D. The Lodge presently operates with septic tanks and any designation as a
historic site is inconsistent with the future economic use of the property
which would include a use that would economically justify and allow for
connection to the sewer to mitigate any environmental concerns now existing
due to the use of septic tanks.
E. A designation of the property as historic with any restriction on its future use
will deny to Owner an economically viable use and/or all reasonable
beneficial use of his property; defeat the long planned expectation of Owner
that it would someday sell the property to provide to Owner deferred
compensation for the years of little profit and defeat the planned basis of the
retirement of the majority owner, Michael Noto. Such designation would so
interfere with the Owner's investment-backed expectations as to essentially
extinguish their rights of ownership and prevent Owner from deriving a
reasonable return on their years of family operation of this business and a
return on the property itself. The net effect of designating the property
historic would then cause there to be a taking of the property which would
require the City of Palm Desert to pay for the property under the rules set for
condemnation. That is, a historic designation would amount to an inverse
condemnation by the City of Palm Desert which would not be in the best
interests of either the Owner or City.
F. The present use does not allow the Property to be used in an economically
reasonable manner and any restriction as apparently sought by the Board is
unjustified and unreasonable. The Owner has already lost two significant
"sales" (one being a long-term lease of the Property) with the present cloud
of some future restriction on the Property. Any "historic designation" which
suggests that either the Board or the City in the future could and/or would
adopt restrictions on its use beyond standard zoning restrictions applicable to
any property would create a cloud against title and use that will deny Owner
Notice of Appeal and Appeal to City Council of Historic Site Preservation Board
Page 3
the benefits of the Property as described above.
G. No good cause exists to designate the Property a historic site. Owner is
prepared to stipulate that it will give City 20 days notice in writing of any
intent to demolish the structure or will restrain actual demolition for 20 days
after obtaining a demolition permit to allow City or its agents to photograph
or videotape the Property, should it wish to do so, and stipulate that this
would apply to any future owner/purchaser. Initially, Board led Owner to
believe that only "archival"/photo taking would be placed upon the Property,
but the motion as made and the ordinance as now studied with its inherit
ambiguities has led Owner to believe that the actual Board recommendation
to City, and a Class 5 designation, however, crafted, from which this appeal
has been taken, suggests far more restrictions and/or causes ambiguities in
title and use which make the decision improper and unnecessary.
H. The ordinance on its face is unconstitutional under both the U.S. and
California Constitutions as it violates Owner's rights to substantive and
procedural due process; is arbitrary and discriminatory; and, is
unconstitutionally and impermissibly vague and ambiguous, e.g., a possible
interpretation that after a designation of the Property not being a historic site
after two years could again subject the Property to a designation and an
obligation to again go through this process. See Section 3.E below. The
ordinance, also, is unconstitutional as applied to Owner on the same grounds
as above and further that it constitutes a taking without just compensation.
3. The facts supporting the appeal are as follows:
A. The facts as set forth in the letter of Thomas S. Slovak, dated January 25,
2006, a copy of which is attached hereto as Exhibit "A" and incorporated
herein by this reference, which established that the grounds on appeal are
true.
B. The facts, including expert opinions of Expert John Criste, as set forth in his
memorandum delivered to the Board, a copy of which is attached hereto as
Exhibit "B" and incorporated herein by this reference which establishes that
none of the requirements for such designation exist.
C. The testimony of Thomas S. Slovak, Property Owner Michael Noto, Expert
John Criste, real estate broker Richard "Dick" Baxley, and CPA and trustee
Daniel Brush, as set forth at the Board hearing on January 30, 2006, a copy
of which entire hearing transcript, as prepared by the City, relative to the
Lodge is attached hereto as Exhibit "C" and incorporated herein by this
reference.
D. The objections and concerns made to the Board at the public hearing from
which this appeal is taken, a copy of which transcript has not yet been
obtained, but which testimony included the following facts:
Notice of Appeal and Appeal to City Council of Historic Site Preservation Board
Page 4
Any restriction on the use of the Property in the future beyond simply
photographing or videotaping the Property for some type of historical
"archiving" would not be reasonable and would be objectionable to
the Owner.
ii. Any attempt to place restrictions on future use beyond standard,
existing zoning restrictions applicable to any property would not be
appropriate.
E. The ordinance is internally inconsistent, vague and ambiguous in certain
material respects which are at issue in this case to include ambiguity with
respect to the grounds upon which a historic site can be so designated, a
failure to take into account constitutional restrictions vis-a-vis just
compensation in the context of a taking should a historic designation be
placed upon the Property, and ambiguity with respect to a decision by the
City Council that the Property should not be designated a historic site
conflicting with Section 29.05.130A regarding the right of the Board to
"initiate proceedings" and other sections of the ordinance, e.g., 29.05.125
referencing, for example, Class 1 designation which states a property is not
qualified for a historic designation, but is subject to review two years after the
"initial review," an undefined term in and of itself. That is, the ordinance is
unclear whether by not designating a site as historic, as requested by this
Owner, there is any restriction or prevention of the Board in the future
renewing this entire process under the terms of the ordinance absent a
specific finding by the City Council that it is not. Owner's position is that
Section 29.05.230D which provides that the City Council's decision "shall
be deemed final" allows the City in ruling on this appeal to issue a final order
consistent with Owner's request so as to make clear that at no time in the
future can this issue be renewed. Absent such an explicit final order as
requested, the statute could be read or interpreted differently (by some future
Board or Council), an issue which then would continue to cloud title to
Owner's property. These vague, ambiguous and inconsistent provisions,
among others, give rise to issues on appeal which Owner respectfully
suggests call for a re-writing of the ordinance in the future (as to other
Property owners in the city) to address these and other issues, as well as the
right and authority of the Board to take action on future alleged historic sites.
4. Owner's requested relief or action from the City Council is that the City Council
declares that the Lodge is not a historic site with a finding that at no time in the
future, given the evidence and hearings that have taken place, shall same be
designated a historic site and that as to this Owner and all future owners, there shall
be no restriction on its use except those zoning restrictions and other requirements
applicable to all other similarly situated properties in which there is no issue as to
same being a historic site. Owner is prepared to stipulate that 20 days written notice
to the City planning department of an intent to obtain a demolition permit and/or that
Notice of Appeal and Appeal to City Council of Historic Site Preservation Board
Page 5
demolition shall be stayed for 20 days from the date any permit is obtained should
such written notice have not been given prior to the time of obtaining the demolition
permit so as to allow the City or its designee to take photographs or videotapes of the
Property.
Included herein is the declaration under penalty of perjury of Michael Noto that all
factual statements in the notice of appeal herein 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.
Respectfully submitted,
. ��' . _.
By. � �
Thomas S. Slovak
TSS:cIs
Notice of Appeal and Appeal to City Council of Historic Site Preservation Board
Page 6
DECLARATION OF MICHAEL NOTO
I hereby declare, under penalty of perjury, that all of the factual statement 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.
� -,_. .
Executed this > day of March 2006 at Palm Desert, California.
--, ., ' %;�'� , _... .
� ,. - �,: -
` � � Michael Noto
Exhibit A
a
SLov�x B�oN E�m��
A T T 0 R N E Y S A T L A W
T}IOMAS $. SLOVAK
U^VI11L BARON
Mnac E. EMr[v
Jnu�N D D�enttFarrea
PI. fl R M. BOCHNLWICH
BNIAN E. Wfll I-(.EY
CHARLGS L. GALUGHCR
MnkK W EDt�srtiN
VINCLNI R WHI7TAKEH
BI1LN I 5. CLLMMLR
Sl15hN W. AUSMnN
LISA D. JEN 12EN
MAURF.EN F. GI�INAN
SHAUN M. Mllfil'lIY
OF COIINSlI.
LUCIEN A VAN HUILE
MVRON MEYERS, P.0
fi NEAt WEt�s lll
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: Historic Preservation Committee
Chairman: Kent Routh
Members: Jan Holmlund
Bonnie Bowle
Kim Housken
Bob Pitchford
Jim West
VIA FAX & U.S. MAIL
760-340-0574
RE: PALM DESERT LODGE —?4527 HIGHWAY 111, PALM DESERT, CA
Dear Mr. Chairman and Committee Members:
The purpose of this letter is to briefly outline and summarize testimony intended to be
given before the Committee at the hearing now scheduled for 10:00 a.m., on Monday, January
30, 2006. This office represents the owner of the property, Mr. Michael Noto. The property in
question is commonly referred to as the "Palm Desert Lodge" and is located at 74527 Highway
11 l, Palm Desert, California. The issue before the Committee is whether the building should or
should not be designated as a"historic site" under Section 29.05.020 of the Palm Desert
Municipal Code.
By way of background, Mr. Noto and his family have owned the Palm Desert Lodge and
the adjacent undeveloped parcel since 1973. This property is the sole source of income for
Mr. Noto and it has always been his intention to ultimately sell it to thereby fund his retirement.
That time has now come, but, unfortunately, his ability to do so is negatively impacted by the
present cloud on title created by the possibility that the property will be designated as historic.
Exhibft 'A
1800 E. TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262
PNONE(760) 322-2275 FAX {760)322-2107
ORANGE COUNN OFFICE
650 TOWN CENTER DRIVE,
SUITE 1400
COSTA MESA, CALIFORNIA 92626
PHONE (714) 435-9591
FAX (714) 650-9011
January 25, 2006
E:\Litigation DeptU'alm Desert Lodge\Correspondence\Chairman 01.25.06.doc
January 25, 2006
Page 2
Because of the importance of this issue and recognizing that the Committee now seeks
information and evidence upon which to base its decision, Mr. Noto has retained this firm and
the firm of Terra Nova Planning & Research, Inc., in the person of John Criste, to assist the
owner in compiling information for the Commitee's consideration. In addition, the long-time
family accounting firm of Godecke Clarke, in the person of Dan Brush, and a well respected,
independent real estate broker, Dick Baxley, have been requested to appear before the
Committee to provide additional information relevant to the Committee's decision.
We respectfully ask that you consider the following:
1. The building does not fall within the definition of an "historic site" as defined by
the Palm Desert Municipal Code. Land use planner and architectural historian, John Criste is
prepared to present evidence on this point at the meeting.
2. The City of Palm Desert has long expressed a desire to have the owner
discontinue its operation and has expressed concerns that it is both undesirable and does not fit
well into the changing environment of the City overall and the surrounding commercial
development, specifically. The City previously took portions of the corner of the properry
disregarding the negative impact upon its use, essentially stating thereby that it had no interest in
this enterprise and felt its needs necessarily had to succumb to the changes in the development
and traffic patterns from modern day Palm Desert. To now suggest that this City should re-
trench its long term view of this property and compel an antiquated, commercial use to a
landowner now seeking to sell it for better integration into the City is not only ironic, but unfair,
Mr. Criste will speak on this issue as well.
3, The Palm Desert Lodge operates with septic tanks. The City has imposed a
requirement that upon transfer of ownership it must be connected to the sewer. The cost of such
connection for the existing operation is estimated to be over $150,000. This impacts significantly
on the economic viability of continuing to use the property in its present form and is just one
reason why continuing the present enterprise into the future is not warranted. A new owner with
a new use necessarily will connect to the sewer and will thereby rnitigate any environmental
concerns existing now by the use of septic tanks. Dick Baxley will provide expert testimony on
this issue.
4. A designation of the property as "historic" compelling its continued, present use
will deny the owner an economically viable use of his property. At the hearing, not only is
counsel for the Noto family prepared to address these issues, but also Mr. Dan Brush, accountant
for the owner,
G:\Litigation Dept�Palm Desert C.odge\Correspondence\Chairtnan 01.25.06.doc
January 25, 2006
Page 3
5. The Noto family has operated the property with the long planned expectation
that the day would come, as it has now, that the property (the hotel property and the vacant land
together) would be sold, providing to the owner deferred compensation for the years of little
profit and the planned basis of his entire retirement. The effect of designating the property as
"historic" so interferes with the owner's investment-backed expectations as to essentially
extinguish his rights of ownership and prevents him from deriving a reasonable return on his
family's years of operation and a return on the property. At the hearing, both Mr. Brush and the
owner's representative, Mr. Slovak, can speak to this issue. Mr. Michael Noto will also be
present.
6. The present use does not allow the property to be used in an economically -
reasonable manner. The changes in the Ciry of Palm Desert with its increased traffic and the
change of demands by the public Eor quiet, more upscale facilities, has resulted in the property
today essentially showing little or no actual profit. It cannot sustain itself economically in its
present format. The location itself is not well-suited for a lodge. The property cannot
reasonably be sold to another expecting any type of fair return. The lodge has simply outlived its
economic usefulness to the owner, any future owner and the City. All of these points can be
addressed at the hearing in more detail by Messrs. Baxley and Brush.
7. The only reasonable econornic approach for the property is to sell both properties
which comprise approximately 80,000 square feet total, to thereby allow a commercially
reasonable use. The present structure must be removed to allow a more appropriate building
complex to be developed utilizing both parcels. Selling off one parcel and requiring a continued
use of the other as a lodge is economically unreasonable and has severe, adverse economic
consequences to the owner. Mr. Baxley can speak to this issue.
8. The owner has already lost one "sale of the property" in the fortn of a long-term
land lease which would have resulted in a present value of the parcels being approximately $5.5
million. There are other parties interested in purchasing the property outright who will not place
an offer given the cloud on title arising from the possible historic designation being addressed by
the Committee. Time is of the essence in obtaining a decision from the Committee so that the
owner may not lose other purchasers to his ecanomic detriment. Mr. Baxley is prepared to speak
to this issue as well,
9. The net effect of designating the property historic would then cause there to be,
in our opinion, a taking of the property which would require the City of Palm Desert to be
required to pay for the property under the rules set for condemnation. This would, in effect, be
an inverse condemnation by the City of Palm Desert. We submit that such a result is not in the
best interests of either the City or the owner.
E:\Litigation Dept�Palm Desert Lodge\Correspondence\Chairman 01.25.06.doc
January 25, 2006
Page 4
In conclusion, the owner respectfully requests that the Committee prompt(y render its
decision that the Palm Desert Lodge should not be designated as a historic site.
Very truly yours,
SLOVAK BARON & EMPEY LLP
/ i'� ,
Thomas S. Slovak
TSS:cm
Cc: Michael Noto
John Criste
Dan Brush
Dick Baxley
F.:\Litigation Dept�Palm Desert L.odge\Correspondence\Chairman 01.25.06.doc
Exhibit B
�------
r�
�.� TEF�RA ND'✓A PLANNING & R�SEARC�i INC U
January 26, 20Q6
�iistoric Pr.eservation Committee �
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260 �
RE: Historic Preservation Committ:ee C;onsideration of the palm Desert Lodge
bear Committee Members:
Terra Nova has been retained by 1V(r. �Sichae! Noto, the owner of the Palm Desert Lodge located at 74-
527 �-Tighway 111 in Palm ISesert res�arding the above referenced matter. It is our undcrstanding that the
Committee is considering whethc:r tc► recognize this building as an historically or architecturally
significan[ strucriue.
Our company has been providin�; ur �an design, land use and environmental planning services in
Southern Califarnia since 1984. I am a certified planner with a degree in Art History (architeccwe
emphasis) from pennsylvania StE.te IJniversity. I have also praeticed as a professianal landscape
desiguer and am an adjunct instructor ir� architectural history at Coliege of the Desert.
We have reviewed the minutes of r1u3 ]3oard and have rcad the memoranda included in the City's files.
� Several resourccs an local architecture were reviewed, including the baoks Palm Svrines Modern and
Palm Snrin�s Weekend, There is nc� reference to the subject ladge in Palm Svrin�s Modem, which deals
prixnariiy with residential architect�xre. There is a picturc of the north elevation of the 1960s addition in
Palm Snrinr�s Weekend, with the fallov►Zng caption:
"Th� clean symm�trical lines of a vernaeular motel like the palm D�sert
Godge in Pal Desert shows how widely acceptable Modernism became in
the 1960s." (Palm S��rin�;s Weekend, p. 137)
There is not other refcrence to this building in this resouree. The salient point of the citation is to
exemplify the extent to which "Mociernism" influenced everyday architccture, The reference to
symmetrica! lines notwithstandi��, and in any event of questia�hle origin in the "Modernism"
mov�ment, neither the 1�950s ori�inal nor the 1960s addition raise the structures to the level of
constituting significant lustorical or arclaitectural resources.
State and Federal Criteria
"Histoiic properties," as defncd b�� the Advisory Councit on Historic Preservation, include "prehistoric
or historie district, site, building, struct�ire. or object ineluded in. or eligible for inelusion in, the Nat�onal
Register of Historic Places maintainr:d by th� Secretary of the Interior" (36 CFR 800.16(1)). The
eligibility for inclusion in the 1�i�tion.al Register is determined by applying tlie foliowing criceria,
developed by the National Park Service as per provisi�n of the Nauonal Historic Preservation Act;
40Q SOUTH FARRELL, SUITE B-205 I�I P��C.M SPR4NGS, CA 92262 ❑(760) 320-9Q40 ❑ FAX (76�22-2760
EXI't�bit
Terra Nova/PD Lodge/Page 2
City Historic Preservation Brd./1.26.Q6
Thc c}uality of significance in r�merican history, architecture, archeology, engineering,
a�d culture is present in distric:ts, sites, buildings, struetures, and objeets that possess
inte�rity of location, designy setting, materials, warkmanship, feeling, and association and
(a) that are associated with eve��ts that have made a significant contribution to che broad
patterns of our history; cr
(b) that are associated with t:he lives of persons signifieant in our past; or
(c) that embody the distinctive characteristics of a type, period, or method of
construction, or that represent the wark of a master, or that possess high artistic
valnes, or that represen•: a significant and distinguishable entity �ovhose components
may lack individual distinction; or
(d) that have yielded, or m;�y L�e likely to yield, informarion important in prebistory or
history. (36 CFR 6Q.4)
For California Environmental Q�iality Act (CEQA)-compliance, the State ot California's Public
Resources Code (PRC) establishes ihe defcnitions and criteria for "historical resources," vvhich require
similar protection to what NFiPA ;;action 106 mandates for historic properties. "Historical resources,"
accordinb to PRC §5020.1(j), "includc;s, but is not Iimited to, any object, buiiding, site, area, place,
record, or manuscript which is h�.sCorically or archaeologically significant, or is sianiFicant in the
architectural, enginee�ing, scientific, economic, agricultural, educational, social, political, military, or
culCura! annals of California."
More specifically, CEQA guideli.aes state that the term "historical resources" applies to a�y such
resonrces listed in or determined to �be eligible %r Iisting in the California �egister of Historical
Resources, included in a local re�Ister uf historical rasources, or determined to be historically signifrcant
by the �,ead Agency (Title 14 CCR §15�064.5(a)(1)�(3)).
Regarding the proper criteria of historic;al signif{cance, CEQA guidelines mandate that "a resource shall
be considered by the lead agency to t�e 'histvrically significant' if the resource meets the criteria for
listing on the California Register cf Histo�ical Resources" (Title 14 CCR §15064.5(a)(3)). A resource
may be listed in the California Register if it mcets any of tho following criteria:
( I) rs associated with eveiits t:hat have made a significant contribution to the broad
patterns of California's history and culturdl heritage.
(2) Is associated with the lit��es af peraons important in our past.
(3) Embodies the distinctive c:haracteristics of a type, period, region, or method of
construction, or repceseiits the work af an important ereative indiv'tdual, or possesses
high artistic values.
(4) Has yiefded, or may be ! ikely to yieid, information impart�nt in prehistory or history.
(PRC §5024.1(c))
City Historic �'reservation 4rdinoincf: (Chapter 29A5)
The City's ardinanco was adopted ��vith the purpose of preserving arcas of the community and specific
buildings refiecvng elements of, among other things, the architeccural history of the cammunity. It is
also intended to strengthen the loc:al e�canomy. The critaria for determining signifieanee in the City
ordinance are essentialfy the same as �:hose set forth in CEQA (Title I4). A system of classification
ranging from one to seven establisbe<.c designation status, whetber it is a contributing factor to the
historic character of the commu�ii[y,. demolition options� use and modification limitations, and
qualitication for designation. The ordinance also direct the City (�oard) to conduct or cause to be
conducted surveys, studies or inves�gaiians adequate to inform the Board and City Counc;i.
Terra Nova/PD Lodge/Page 3
City T-TistAric Preservatlon BrdJ1.26.06
Properi�y Evaluation
Pursuant to these ordinances, st��tutory and regulatory guidelines, the subject property has been
evaluaced under the criteria fv� thF Nationai Register, California Regiscer and Ciry. The results af our
preliminary evaluation are discussed belova.
Association With Sittuficant Eventg
To the best of our lrnowledge, the ::ubj�:ct property is not associated with any particular event that made
a significant contribution to the braad pattems of loc�zl history ar California history or cultural herita.ge.
Association 'VV'ith Imnortant Persons
To the best of our knowledge, the subje�ct property is not associated with any particular person that made
a signiiicant contribution or was si�;nificant to the community's past.
Embodv pistinctive Characte�istics
We have e�raluated the �very limited dor.umentation a�vailable on the subject properiy. The original 1950s
buiiding is of the very simplest and un�3istinguished design, as is evident from the attached photos. The
late 1960s buildino was already aut oP the main stream by the time oi its construction. The subj�ct
property does not embody disdnet.ive eharaeteristies of type, period, or method af construction. The
1950s portion of the property is siniple wood and stucco construction, while the late 1960s addition is of
masonry construction. The design ..s a simple boz that has minimal embellishment with occasional off-
set blocks and 1950s wall sconces. WYiile the awnings camplement the simple desibn of the late 1960s
building, they are circa 1990.
To the best of our knowicdge, the proF�erty does not represent the work of a master (locaE or otherwise;
architect unlcnown). Our assessmor�t of' the stylo, engineering and construetion of the vario�s aspects of
the on-site buildings has led us to detsrmined that the subject property does not possess high artistic
values. W�ile one reviewer referer�ced tho style as "late period art deco", it is difficult to see any real
basis for tteis interpretation.
The property does not represent a�.ignit"icant or distinguishable entity. The buildings and property have
been well maintained, have been E�ainted in well-choscn colors, well landscaped, and newer awnings
have been thoughtfully applied to the late 1960s building. The subject property does not, either
indi�vidually or in the aggregace, ha�ie el.ements of disrinction that rise to the leve( of significance.
Yield-Imvortant Cultural Informatic�n
As noted above, the subject property includes an undisdAguished 1950s series of motel rooms, and tlze
late 1960s construction vf � simple masonry block additioa. It is uncertain what additional ir�ormaLion
may be discoverable about this b�:�ildi�g or its architect. However, from a review of the evolution of
mid-century style, the subject pro�:�eriy does not, in and of itsei�, yield significant cultural inforcnation
for the region, state or city.
Land Use Compatibility & Economic Viabitity
It has been noted throu�hout the Board's consideration of this matt�r that the subject properzy was
ori�inally de�velop�d at a time whe.1 th�:re was limited travel oA High�c�va�r 111. The roadside location o#'
the Palm Ucsert �odge was appropriat�� for the then quietar environment, the sm�ller scale of the local
economy and local tourism needs. To��ay, tl•te subject property is located ort one of the most heavily
traveled roads in the Coachella '�'allf:y, with more than 30,000 vehicles a day. By the year 2020,
Highway 111 traffic is projectcd to rcar:h rnore than 60,400 ��ehicles each day.
Terra Nove/PD Lodge/Pag� 4
Ciry Historic Preservation Brd./1.26.06
With the steady increase in traffic has been a cotnparable increase in noise levels. The design of the
motel facilities provides little acou<_:tical shieldin� for guests at the motel. Traffic levels are expected to
increase by approximately 100% in the coming ycars, and noise levels will increaso accardin�ly, making
the existing matel use even less con►pa�.ble with the surrounding environment.
It should be noted that ser�v'ice comm��rcial uses of this type rely on short-t�rm trends in economic
development and even architectural styl.e and design. The subject motel is som�thing of an anachronism
and is obsolete not only because its location is becoming progressively lcss appropriate for guest
boarding, but the facilities and its �me�uties can no longer compete in the new lodging market that has
evoived.
Finaily, the subject property inclt�des a vacant lot of limited size but with important de�v�lopment
pot�ntial when joined with the hotel pr��perty. C1early, as is evideneed by the economic performance of
this well managed and maintained lodg�:, the existing motel is no longer the highest and best use for this
property. What other uses wouid h�; more appropriate and how they might utilize the site are irnportant
considerations, but they are separat�; from the matt�r currently beFare the Boazd.
SuYumary
The development of the Palm Desert L��dge evolved over a more than 10-year period. The buildings on
the site include undistinguishEd motel rooms dating from the mid-1950s that are simpie in style and
construction. The late 1960s addition utilizes a simple overall design concept and some modest and
common decorative enhancements ta relie�ve otherwise uniform building elevations. The subject
property does not, either individuall� or in the ag�re�ate, meet any of the criteria set for determining
signif cance. •
Rccocnmead�tion
It is recommended that the Board �:stal�lish a condition of approval with the Community Development
Department. Thiis candition vc�ould ;�ssure that in the event an alternative use is proposed and the subject
property is slated for demolition, the B��ard will be given every reasonable opportanity to gain access to
ihe subject buildings and document the structures.
'�i�e appreciate the essential role th�: C<>mmittee plays in identifying and considering the importance of
cultural and architectural resources in the community, A balanccd assessment of the subject praperty
and its circumstances provides the f3oai�d v�rith a sound basis far a Class 1 or 2 designation.
Thank you for your thoughtful con.ide�ation af this matter.
cc
Thomas Slovak
Michael Noto
Exhibit C
����� ucua.�� �• v��U1�VU
07 43�01 a m 03-06-2006 2/36
January 30, 2006 Historic Preservation Committee Meeting
OLD BUSINESS — ITEM C— Recommendation on Patm Desert Lodge (verbatim
transcript and does not include verbal pauses i.e. uh and um)
Tape 1, Side A
Chair Kent Routh: Do you gentlemen wish to speak at this time?
I would like to start please. I would like to introduce myself — Michael Noto. I have been
a resident of Palm Desert for over 30 ysars. I also own the controlling interest in the
Palm Desert Lodge with fami{y members. Because of the seriousness of the matter
here before us ioday, I fett it necessary to hire experts in this field at great expense ta
myself to speak to you today. The impact that your declsion has on my future and the
damage that has occurred within the last 60 days I'm very l might say disappointed
about. l ask you to please listen to these people and I'd be more than happy to answer
ar►y questions along the way.
Kent Routh: Thank you Mr. Noto. Woufd the gentlemen care to begin?
If I may, my name is Tom Slovak. I assume you a!I got my letter where 1#ried in
summary fashion to hit certain bullet points. The discussion it seems to me really breaks
down into two parts. First does the building qua{ify the definition and secondly if
hypotheticaNy it did should it be designated historic or not because of other legal and
statutory concems boih in the ordinance itself as provided and under the law. We did
not in my letter go to any great iengths to outline the substantive point on the first part
which is that we do not believe it qual�es and I didn't want to steal the thunder nor
could I speak the words of my distinguished coUeague to my left, John Criste. Mr.
Criste has prepared a paper summarizing his points that I think he would fike I think to
distribute to you. I would like to just briefly point out before beginning though the
comments are of M�. Noto and 1 didn't go into great length but in 1973 Peter Demos
came from Chicago and brought his sister with him to begin working in that environment
and Michael is a family member and has worked in that family business these iast many
years. We have representatives here. Dan Brush (inaudible) who will speak to the
present lack of economic viability of that enterprise as the world has passed this
business by and it is now time to sell, as has been the plan of the family for many years.
One of the limited owners in his 70's gets no revenue out of this and that's Peter Demos �
��{...r+�
u/ 43:11 a m 03-06-2006 3!36
is dead and his brother George is still alive and no income is derived to him. So the
business does not make any economic sense iYs time to sel! and I believe a previous
person was here for Evergreen. That transaciion, which translated it, was a ground
lease taking back the offer of present value that 5.5 million dollar deal has been lost. We
cannot sell the property with this hanging over us and we do need action. We have Mr.
Dick Baxley here, i think most people know he is an independent broker well familiar
with the Valley and this end of it and he can talk to you about the impact of having this
hanging over your head. So we'd like to try to have a discussion with you. We've tried
to assemble quallty, local people who will give you substance and not rhetoric. At the
end if you would like some discussion about the variable on the legal end or the
staiutory end of the ordinance we can speak to that. So with that the owner has this is a
big deal. This is an important decision that will have long-term imp{ications on his family
and the future of this property. So with that said and your permission, the person we
would have next speak on our behalf is John Criste who was who can speak to the first
issue of whether it qualifies.
Kent Routh: Does anyone of the Committee have any comments before Mr. Criste
speaks? To my uncertain knowledge no one has really applied to change that property.
At this point is this not all hypo#hetical? I mean has the City received any applications to
build on that site?
Amir Hamidzadeh: Not to my knowledge.
Kent Routh: Unti{ that happens it's very difficult for us to make a decision.
Tom Sfovak: Let rne ask you this. Because my understanding and I came in on the
heels of Evergreen coming before this Committee and it is sort of a catch 22 and we're
not trying to play games with the Committee at all al! right?
Kent Routh: Nor us with you.
2
--
_,.,, _ ., .,,.`�.,,.� Ui 43 39 a rn 03-06-2006 4 i36
Tom Stovak: And I'm not suggesting that you are with us but here is ihe thing. If action
is requested I can file an application for a demolition permit tomorrow. That's where we
are. We need to list the property for saie. ft can't be sold with this this is hittin the front
page of the newspaper. My understanding is Evergree� came to the Committee to work
through the process and given quite frankly the events that occurred they have now
declined to go through wiih that transaction sa we're left here in no man's land if and we
understood and I did not talk to Emily Hemphill but she was in the hospital and very ill
and so the ball was passed over to me to pick up the bali and f had understood and this
has been hanging over this property since November. It seems to me that there is a
request before the Committee. 'fhe Committee apparently raised the issue of whether it
should be done (inaudible) technically been an application. But this is a rights issue it
seems to me if the Committee wants to deslgnate it historic I think we would concede it
may do so and we will proceed in the process then of seeking review if we chose of the
City or we could back in a few days and pull a demofition permit and then start the
process. Why do we need to do that?
Kent Routh: I am not entirely sure about the sequence here but I want you to know
that this Cammittee does not make those decisions. We make a recommendation to
the City Council
Tom Slovak: I understand
Kent Routh: and we serve at their pleasure and they are the ones who would be
making a decision. I do�'t wish to we don't wish to (inaudible) I also wish to thank Mr.
Noto. This was brought to our attention by the owners. This is not something we dug
out. In fact it is the first time in the year long history of this Committee that anyone has
asked us for our opinion one damn way or the other as we were quite flattered and in
fact it was also the �rst ink we've ever gotten and sa we don't want to drop the bal{ and
become a bump in the road for anybody's progress. I do believe that Jan Holmlund this
the purpose for our delay was to get information about because we simply didn't know
when it was constrvcted, the exact time, who was the architect, what effect it has had in
the course of its long history and we have all gone to look at it to try and decide what
�3
,.,., , ��, ��yc reini aeser[ tS UIWINIi 07'43 59 a rn 03-06-2006 5/36
kind of value it has to the community and what would be replacing it. Jan do you have
comments on that particular facet?
Jan Holmlund: Well, you basically asked the question that ! was going to pose did you
know that we have not had an official request. It is on our list of properties and we have
the reason we declared a moratorium in November was because we did not have the
facts to treat you honorably about the building or about the City. We still do not yet
know what the City plans for Highway 111 might be in the future and we know that
shifting and rebuilt commercial areas really defy identification for the people in the City
and Palm Desert wants this community to identify with its City center so without that
information for the Committee we'�e more or less adrift but we have been able to
determine a few pieces of information through Kim's �esearch and that is the original
structure was built as a motel in 'S5 and so it does fall within the federal guidelines but
we really admire the fact that you put together this group of people to come here and tell
us what it is we need to know about your business because without those facts we can't
treat you properly.
Michael Noto: I am curious when you say that the owners brought this to your
attention. Do we have a record of that and who was it that actuaUy brought it to your
attention?
Jan Holmlund: Evergceen
Michael Noto: Well Evergreen is not the owner.
Jan Holmlund: Well they were acting for the owner basically.
Tom Slovak: I think what happened they must have seen it on the list. They were
about to go forward and commit to contract and pay the family a huge amount of money
a large sum depending on who you're talking to. To Bill Gates I suppose it was a smafl
pittance but to this family it was a large sum. I assume to Evergreen it was an important
sum. They did not want to commit to contract unless they knew what the City would do
4
__ „_yy` , �,,,, �-•,�„ �, ���,,,,,,,, 07 44:17 a rn 03-06-2006 6/36
with the property so I think in good faith the developer and intended purchaser felt if it
was on the list it should come to get a reading cause it did not want to commit to
purchase a property that might have problems with it from the City's view point and from
their development view point. And I'm not sure anybody got too technical beyond that.
Kent Routh: Indeed not. Evergreen by the way presented this as not a purchase but as
a long-term recurring lease.
Tom Slovak: Correct it was a long-term ground lease. When I say You are right it was
a long term ground lease so when I say iYs worth 5.5 we took the terms and brought it
back on a discounted basis to present value so that how we
Kent Routh: Well I am going to be interested in hearing what you have to say because
there is a lot of information here that we have not had.
Amir Hamidzadeh: Wetl ! just wanted to clarify, and it is my understanding how it was
brought to the Committee's attention. Originally we heard from Redevelopment Agency
who was in contact or Walgreen's was in touch with them. Then they contacted us
because City departments do have our list in case any potential you know structural
what have you on this is conta�ted by any Department to be referred to the Committee
so they contacted me saying that yea there is a Waigreen's that is proposing a
demolition can I have them in touch with you and that's how I put Walgreen's in touch
with Committee. I just want as a clarification as how it came about to the Committee's
attention.
Michael Noto: So Evergreen was in the process of due diligence and they contacted
you?
Amir Hamidzadeh: Possibly, yeah. t would imagine that was the time frame from what
l gathered
Michael Nota: Correct
��
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,,,, .,„,,,,,,� r eini ue�ei i n ui�unv� 07 44'33 a m 03-06-2006 7/36
Tom Slovak: May I just this thought I mean I was was started out in '(974. My first job
was as the City attorney with Best, Best and Krieger for the City of Co�ona enforcing
leash law violations and then my status elevated a little bit but not much. I left Best,
Best and Krieger many years ago about 12 13. I know Dave Erwin I know Bob
Hargraves I know the staff of the City a�d I'm not trying to in any way pull a quick one
OK. I do think that in faimess without making any commitment it maKes some sense
from the owner's standpoint I think the City needs to tet us make our presentation. If
you need legal counsel to make any recommendations on whether giving final approval
or not. You know hold that in aaeyance. I request respectfully is that to render a
decision in a timely fashion or recommendation. We're hopeful that the
recommendation will be no it not a historic site and then the cloud is off title and we
move on. If on the other hand for whatever reason from the City's standpoint, any
standpoint, the City attorney's standpoint, we need to address any technical issues
about the procedures we can do that at a different time this isn't prejudicing the
Committee by hearing us. We've spent a lot of time and money trying to gather facts for
you all, we're trying to be good citizens, we've tried to sit down and say if we were
sitting in your shoes what would we want to hear and that's relevant under the law,
statute and common sense and otherwise. And with that qualification you know we
would want the opportunity to inform you of what we believe pertinent facts are there for
your conside�ation.
Kent Routh: t quite agree please begin.
John Criste: I unfortunately do not have quite enough copies but maybe you can share.
l am not going to go through the entire but (walking around handing out copies of
report). Let me intcoduce myself first. My narne is Jahn Criste and I'm with Terra Nova
Planning and Research and !'ve been living in the desert since 1979 have been
practicing as a planner in the desert since about 1981 when ! spent two years with the
planning department county planning department in Indio and then we started our
company in 1984 so that last 22 23 years we have been in Palm Springs and working
for most of the communities in the Coachel{a Va11ey afl of the communities in the
:�
Coachella Valley and the county. My background education is in art history with an
emphasis in architecture. I have a couple of years of design experience in primarily
commercial landscape design as well. We have as a company we have done design
work on from land use planning on a project specific basis, residential subdivisions,
commercial plans, industrial parks, to large scale regional planning, general plans, large
community plans, those sorts of things. We recentty completed the update to the Palm
Desert general plan and some important elements in that t think we met with our
This Committee has only been in existence for a year is that correct? So your
predecessor we met with. I guess it was the cultural commission I believe it was. The
arts and culture elements that `s in the general plan and some of you probably had a
chance to see that and also the community design element plan which is probably
relevant to the work that your committee does. What I've tried to do is and finally I think
I'm very sympathetic to the goals of the committee and what you're trying to accornplish.
I live in Rancho Mirage and when the Nordia (sp?) house was destroyed I think we were
ready to bum the City Hall down we were so frustrated with the lack to stewardship. So
I'm sensitive to that and if any of you get a chance to go to the trip to Italy and when I
can move to Tuscany or Southern France were going to do that as wel! it's a wonderful
place to go for cultural experiences and the Coachella Valley has tremendous cultural
experiences of course not only of the mid-century modern which has really come into its
own but even our Cahuilta heritage and some of the more modern architects that have
done some great work. I Just went to Dr. Williams the other day and talked spent an
hour while getting my eyes examined talking about his Dad and some of the work he
had done. Some more contemporary architects we have in town include Chris Mills has
done some great work. Some of hls earliest stuff is in Palm Desert and others of course
great architects. We have a Schindler home that I'm sworn to secrecy on. I think you
probably know about it, which I'm hoping to do a little monograph someday on. The
What I tried to do is looking at the perspective of your mandate so to speak is what are
the kind of parameters you are working with and 1 just did some of the research that I
could do. lt's a frankly I think that eitt�er Kim did a more thorough look see of the
drawings and rather
Kim Housken: There are no drawings.
7
r uu i� o ooat ra�m desert I3 UILUIN(3 07 45 15 a m 03-06-2006 9/36
.lohn Criste: information that what was available and we are iooking at a bui{ding that
was approved under the County so t�ansfer of records from the County to the City are
notoriously poor and things are lost but the one reference the only reference I was able
to really find was the one that's in Palm Springs Weekend and there is a caption a
picture of the subject property with a caption and so to speak to that briefly. It realfy
points to that building and there used to be lots of other examples of what I call a kind of
a deck and clean modemism with certain decorative kinds of innovative use of materials
especially in this case where you have a very simple structure primarily a 1960's
structure that is just articulated with some pop outs of masonry blocks, nice period
sconces and good clean symmetrical design. But my letter to you outlinas state and
federal criteria and also your local ordinance as it now stands. I understand its being
refined and as I read through it I saw some implementation inconsistencies that will
probably get worked out in the rewrite. But its referencing really CEQA that what do we
use to determine the importance of these buildings. So what I did was and its on page 3
is try to do an evaluation basing the criteria and they breakdown simply to the
relationship of the subject property to significant events. I guess you could argue that
the rise of mid-century architecture in the Coachella Valley was an event of sorts, not
quite a seismic event but one that one did happen rather rapidly I guess in the mid-
century period and is an extension as you know of the intemational style that was
brought about by you know practioners like (inaudible) and Fondereau (sp?) Debussai
(sp?) and then Noytra and then the Frey's that's the followers of that. So iYs our view I
don't really see it as related to a signlficant event per say and doubt that it would meet
that criteria. Association with important persons uh we weren't able to make any of
those kinds of connections. Although all the guests in Palm Desert who come to stay
here should be considered important persons. They are our bread and butter so to
speak tourism and the appeal of our area. Really probably one of the most important
(inaudible) distinctive characteristics of either a style o� the mix of styles and I had a
power point presentation to make which was really just photographs and I had hoped
maybe we could have a LCD projector but its not really necessary most of you know
what the building looks like buildings look lilce and the circumstances are there. Things
that seem most relevant to me are these points. One is that the oldest part of the
building is the what I'll call the single story bungalow ranchette original units that were
L
built in the mid 50's (inaudible) They are as simple a design in construction that you
could imagine. They (end of Tape 1, Side A)
Tape 1. Side B
John Criste continued from Side A: articulation of any of the elements. It
has a ranchette kir►d of porch style to it so it is pretty undistinguished architecture of
itself. It's also jammed up against at least on the South side of the property separated
by an oleander hedge with residential it's kind of creates a rats nest kind of environment
back there. ! couldn't get in to even to take any photos or anything. It's not a good
buffer area behind those two. And then on the east end of the motel units of course it is
extremely utilitarian back of motel kind of typical doors for hot water heaters and some
high windows for venting bathrooms things like that. It is pretty unattractive. IYs got
something of a hedge that's screening it and then that vacant lot which is where some
of the synergies Mr. Noto gets from the existing parcel, the improved parcel, and the
vacant parcel you get the (inaudible) scale of I think it's 80,000 square feet is what the
total. On the 60's building it a latter sixties design construction. It's already out of date
in that period. It's already becoming a kind of a retro response to what has been going
on since maybe the late 30's early 40's and is really again the distinguishing
characteristics of this two story building are simplicity of design, clean lines, the a the a
sconces the wall sconces especially on the north elevation are particuiarly nice I think.
The nicks of the block with the stucco very sensitive again clean but there is very little to
distinguish the building from an architectura! point of view. And little in the elements of
the building that point to it as a even an important or certainly exceptional exampie of
elements of mid-century or intemational style kind of design. So we I cannot in looking
at the building I cannot develop a strong feeling for the or identification of the elements
that really argue for in the context of what the buildings econornic values etc. are where
its placed that it that it is a strong candidate for protection under the ordinance. its also
The question is whether it will yield important cultural information. It certainly might
yield some information that and any information that can be made gotten from the
building certainly should be so that it can be added to our knowledge of mid-century at
least in the Palm Desert area and we have good records of the building. I would
suggest that regardless of how the disposition of the building is determined that the
�
,,,, ,,„,,,,,,, r o���� VCJCII o viwnv� 07 46.01 a m 03-06-2006 11 136
Committee as your ordinance really directs should continue and we'll certainly help if we
can to research whatever information is available and relevant to the historic value of
the building. Lastly, the issue of land use compatibility and economic viability. In 1979
when I came out here, which was not that long ago, Highway 111 was a relatively still
low volume roadway. ( lived on Pitahaya in Palm Dese�t and I could get to Indio in
about maybe 10 minutes maybe less in fact and now it's a 25-minute proposition easily
and so things have really changed. What else has changed is that and you know and
its been a disappointment to a lot of folks and over the years has been is what the Palm
Springs community has caNed the village feel of Palm Springs but we all have had a
sense of the village feel of the Coachella Valley that we've been kind of cursed with our
own success and as we have become known throughout the world the scale of
development and the type of development that is marketed to the to nationally and
intemationaliy has really changed and we do still have what I call more of the regional
customers who come out to the small bed and breakfasts and boutique hotels and this
sorts of things. We also now have the mega hotel projects and we are even further
baing changed by the casinos and the kind of Valendia (sp?) tract. You can even go so
far as the City of Indio now proposing multiple ten-story buildings down on Highway 111
so it is getting really kind of a strange propositlon. On the other hand none of this is
new. We've had tall buildings in the Coachella Valley for years now. We did the
spec�c plan for Desert Island in the late 80's. It was in the mid eaMy 70's that the 7-
story condominium building was built at that sort of place. The point I am trying to make
is the the hote! or motel lodging market has been evolved in really significantly in the
last decades in the Coachella Valley. And the kind of environment and the kind of
experience people are looking for at least a lot of people are looking for has also
changed quite a bit. And probably most importantly is the location of the Palm Desert
Lodge is has put it at a competitive disadvantage. Years ago the traffic on 111 was not
that great. A few years ago we counted trips in this area on 111 and its 30 to 40
thousand vehicles a day including a lot of truck traffic, etc. and we'�e projecting that
there will be somewhere in the neighborhood of 60 to 65 thousand vehicles a day going
past that site in by 2020 that's assuming though that the general plan and what you get
is the entire property being subject to like a community noise equivalency level the
noise level which is averaged over 24 hours of up to 75 decibels external. That's
10
._.... _���.. �. �.�"...,, ui vo [n d m U3-Uo-LUUb 1 Y/3b
averaged over the 24 hours. During the day for instance or peak hours a.m. p.m. noise
levels are probably going to be substantially higher than that. They're already now 70
d.b. well into the property and the way the project has been designed it is exposed to
the traffic and has essentially a northwestern exposure without any kind of acoustical
barrier. There has been a frontage road installed along I guess actually it's parking now
as part of the widening of 111 which happened a few years ago. But we have a
circumstance where we have a lodging facility that is now in a location that is not reaily
optirnum for the kind of business that it is. The it is a since yau've seen it you know I'm
not exaggerating when I say that it is a generaNy well maintained, nice looking, clean
certainly economically viable from a you get on the site and you're satisfied with what
you have kind of criteria which is important but it is still suffering economically for I think
primarily the reasons I've just listed. So what I would like to suggest that you consider
is that is certainly something lower in classification that what has been discussed at this
point. Something in the range maybe of a Class 1 or a Class 2 and that you ask the
Community Development Departmen# to require that prior ta any demolition, change of
use or modification that the a good documentation of the building of its history and any
pertinent information that can be assembled be assembled for permanent record with
the City including a good photographic record, and I'd be glad to answer any questions.
Kim Housken: I was curious. Was there a noise study done then? Do we have that
information?
John Criste: No this is from the general plan. The general plan noise contour
modeling that was done for all of the major arterials in the City including Highway 111
on several locations.
Kim Housken: Right and you mentioned wefl into the property so it was tested there
actually at the Palm Desert Lodge then? You mentioned well into the property the noise
fevel.
11
/f;p �/b 63y1 Palm desert R UILnING 07 4fi 43 a rn 03-06-2006 13/36
John Criste: The noise contour that the computer projects based on traffic formulas
that's what I'm referring to. lYs under 2020 condiiions the 75 decibel cnel 24 average
number is 275 ft. from the center line of the road.
Jan Holmlund: Are you assuming no changes to 111 at that point if 111 is to going to
remain exactly as it is now?
.lohn Criste: 111 is built it is built out 3 lanes in each direction.
Michael Noto: I'd like to answer your question about the noise. I personally work the
front desk in the evenings. The two story buifding on the highway composes 15 of the
32 rooms total. Many guests will not stay because of the noise in that building. ThaYs
become a very large issue now.
Kim Housken: Another question actual{y for Mr. Criste. Are you familiar with the
Wildwood area of New .lersey kind of a historic hotels and things. i know your title in
the letter we received that you're an architectural historian and you did cite some of your
qualifications I am curious
John Criste: I'm not an arct�itectura{ historian in the sense that that is my main
profession but I teach at C.O.D. the history of architecture a couple of semesters and I
think I am still quafified to do that over there and have a continuing professional interest.
Yes and I don't if yau've ever heard of Cape Main New Jersey?
Kim Housken: Yes, yes I've actually been to Cape Main New Jersey but I haven't
been to Wildwood.
.fofin Criste: I grew up in Cape Main New Jersey and spent every summer there for
about 10 years as a kid and Wildwood had the best boardwalk in the whole south jersey
area I thought. We had a lot of fun but you know with regard to the I didn't pay any
attention to the modem architecture at the time. 1 was too busy being 18 years old or
something.
12
� �� � ��, uoac raim aesert 13 UILUIN(i 07 46 59 a m 03-06-2006 14 /36
Jim West: When you get a chance read the article.
John Criste: I did read that. I didn't realize I think Mary and I had a little bit of
miscommunication. I didn't realize there were these materials in the file that Brett was
able to find these materials. I read through the articles over the weekend. You know
this is a dialogue that has been going on across the country for decades now because a
lot of mid-century modern same of it is considered kind of like a narrow window of kind
of a almost to a catch kind of faddish design where you saw a lot of restaurants and
things that needed to gain attention using a kind of innovative use of architectural sty{e
to do that and its in a lot of buildings ihat just were important getting dest�oyed because
there was no economic viable way of protecting them, saving them, or making them
useful for the long term. I've been a member of the western conservancy in
Pennsylvania for years and I'll tell you even finding money to protect falling water which
was literally (inaudible) here because of Frank Lloyd Wright's innovative engineering
was sometimes difficutt. IYs a hard thing to do.
Jan Holmlund: Well, I really thought that the Wildwood article sort of tore apart your
article argument that these kind of buildings were undistinguished and have few
distinguishable elements in it. They are very colonia) looking architecture actually and
having lived with them for a long period of time their structure is familiar to me. I think
that we have to or we need some more information about how we want to (inaudible).
Because this motel is really reminiscent of the period of time when this valley came into
its own. ft began to be buift up. Ed Morris a former mayor here was a very o1d friend of
mine and he spoke loud and long on the changes in this valley and so I have learned to
appreciate what the early residents came to appreciate and that is the view of the
mountains and open spaces and that sort of thing all of which afforded by that hotel.
That green space on 111 and I'm not saying that I can't abide your recommendation. I
think it is a good recommendation no matter what the query is, but I want to tell you that
it is really important that you use words are clearly factual rather than words that are
trying to that try to destroy the idea of histori� preservation. To call something
undistinguished and in the letter to us originally there were words that I found I just had
a hard dealing with — negatively impacted, present cloud. Those type of words are not
13
the kinds of things that we need to hear here. We need facts and those words just do
not do honor to any type of arcf►itect�re whether it's vernacular or any other type.
Kim Housken: Jan I had similar cancems but I wonder I think maybe they have more
presentation to do.
Jan Holmlund: They do. I just wanted to say ane more thing. This Committee may
issue a stay of demolition according to our ordinance and though proposed or
threatened demoiition or alteration af the exterior or the site itseif is within the purview of
this Committee so I want you to know that when Kent mentioned that this goes to the
City Councif there are some things that are this Committee is capable of and that is
29.05.170 on the ordinance.
John Criste: I woutd like to respond just reaf quickly. Is that respect also the
perspective of the property owner.
Jan Holmlund: Oh we do.
John Criste: And ff the characterization that you are referring to and Mr. Sfovak can
speak for himself but it is not unfactual that a business transaction has been cancelled
because of the consideration that has been taken by the Committee. So that is every
bit as relevant as determining the impartance of the architecture and the building of this
community.
Jan Holmlund: Yes, we agree with that.
Tom Slovak: Let me just a couple of things I don't to get 1 just want substance to
go in but first of a11 the verbage that I used is mitd compared to the reaction I think of the
owner to what he is facing here today. Ok? Unbelievable would be a better phrase to
have to discuss and I was by the way I am not a art historian but I was born in the 40's
and was raised in the 50's and my ugly home was built post wor{d war that ! lived in was
1200 square feet with five in my family in the Imperial Valley. I ihink it still stands and is
14
� u� � r v wac raim oesert li UILLIIN(� 07 47'37 a rn 03-06-2006 16 /36
still ugly and is still poorly constructed. The pertinent part of this building I would point
out that people have gravitated to it at least in the earlier comments was the two story
section of this structure was made reference to in the article in the magazine as an
example of modernism and that portion which seems to be getting the most aesthetic
attention at least initially is a portion of the property that does not qualify under any
definition nor does it meet the age requirement so now we fafl to the back portion of the
property. The law statute speak to the issue of whether or not the retention of the
structure causes an undue hardship to the owner. The law not set forth in your statutes
but which governs this by United State Supreme Court and by the {aw in Califomia talks
about if the decision would have an unjust hardship, a negative impact would in effect
render the reasonable economic expectations of the owner under which he purchased
the property, worked it, and invested in it (inaudible) ruined it and I can tell you an
economic designation of historic. Mr. Baxfey can speak to this. ff designated historic
you will ruin the economic value of this property economically. Trust to keep in the
same mode economically you ruin the economic viabifity of the property. Our position is
that if that were to occur the City can buy the property at its highest and best use.
That's our ultimate position. We're not just saying this to create an issue to try to extort
money out of the City. We don't want any money from the City. I will tell you having
lived in this community for a good while and interacted with the City. I will tell you the
City has been I think justifiably concemed about this property a goad number ofi years.
The feedback from the City Council, the nature of the unkempt sign now glorified in its
unkempt condition once attacked by some members of the Council in an eariier period
now apparently called vintage. The irony of that is not {eft on those of us who have
been around here and the owner who had it for 30 years, but to have somebody come
in and you worked the property for 30 years your little family your little Greek family
comes in and works it so this is their retirement and then to have somebody come in
and say anyway it can aU be taken away from them. If I didn't know the law and at a
different time and a different place I honestly would tell you I can't believe the United
States has come to this. Having said that it has and we have tried and ii's noi with
verbage but simp{y because it is old or a portion is old we don't think it meets the
architectural requirements of the historic act. The economics of it and that's why the
other people are here is relevant under the statute and Mr. Baxley can talk about
15
.... ,, v v..o� rau�i ueaell b UILUIIVV
07 48 01 a m 03-06-�006 1 7/36
Dick can you get a nicke{s worth for it forcing somebody to keep the property in
its present condition because its historic or is this all just fluff?
Dick Baxley: Well my business is kind of a iYs real interesting when you try and value
something and how you can get your most money oui of it, which is realfy the bottom
line. People invest in properties because they are getting it in return. That's why they
spend the money. You will note that there have been a number of motels knocked
down older style motels probably older or as old as this one. The one on the northwest
corner of San Luis Rey and.111 is now gone it is a vacant lot. The vacant lot is just east
of the 7-11 again on the other corner of San Luis Rey and 111 there's two new strip
centers today those in the site of an old motel. The viability the economics of those
operations have obviousty gone downhill. One of them chose to raise his building and
have nothing as opposed trying to maintain it. This particular property which is in I have
stayed there it is as well mainiained as you are going to a building of this age. If
somebody were new, if Michael`s family did not operate it, a new owner to come they
would have to spend a bare minimum of $150,000 before they could open their doors to
hook the property up to the sewer. It is not hooked up to the sewer that is 32 units plus
I think there is a retail one plus that's just CVWD's fees plus the actual cost of hooking
up each individual toilet and shower to the septic sewer system of the City. That is a
very significant impact. The other problem is you've got a piece of vacant land to the
immediate east that's a smaller corner but it's vacant. There's no way to integrate that
use into this particular configuration. Economically viable no way. Are there people
who would like to operate and buy this building as a motel? 1 can't get `em to talk to us.
I'fl {et Mr. Brush talk about that under economics of operating as a motel. Just if you
didn't have to spend the money for one thing as vacan# land for a new development the
properties have a legitimate value of in excess of 5 million dollars. Today that can be
sold and there are a number of people, people who have bought property in the City of
Palm Dese►t recently as late as December are interested in buying this property but are
on the sidelines pending the decision of the City. If this property stays historic or is
encumbered in any way shape or form they can't touch it they won't touch it. Those are
the facts.
16
-- - ... .... .,.. �,,.,.. �,,,�,�
Kent Routh: I appreciate it and thank you for telling us and in fact in an ironic way the
fact that there are no other motels on 111 makes the existing one unique. ! have no
argument it's you know
Michael Noto: What do you refer to the Embassy Suites or the Best Western or the
Holiday lnn Express a block down ihe street as?
Kim Housken: I think you were referring to the vintage.
Kent Routh: I was. You're the only one who has any particular age.
Michael Noto: 7hat's why nobody wants to stay there.
Kent Routh: I actually I recently stayed there over Thanksgiving holiday. The
consideration that weighed more heavily with the Committee was frankly the ambience
and the landscaping and the idea that it was low to the ground. The signage was
mentioned but I think we all tend to be on the same page with a great many of these
areas and i find myseff personally I would have a great deal of difficulty if somebody told
me the property I owned had to be used in one way or another so we are not
unsympathetic. There probably are some more questions and you have more
presentation.
Tom Slovak: Just briefly. You know 1've built some homes and refurbished some
homes. I have a number of clients and friends who are doing a great amount of work in
the Palm Springs area wiih the Alexander's and some of the others OK. I have some
friends who operate a variety of different kinds of hoteis and motels but I can tell you
from behind the City you know in the Warm Springs area just south of Ramon or behind
the City where a lot of my #riends or a lot of friends of mine operate some of these
hotels various life style hotels everything from nudists to you name it. Nobody's going
to open a nudist hotel in that location with 111 running by and I can tell you it's very
awkward economic unit because of its location which I think is relevant to whether it fits
in an area and I think Mr. Criste spoke to that more eloquently. As far as just telling you
17
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raim aesert ts UILUINI� 07 48 40 a m 03-06 2006 19 /36
that we're not playing games and Dan Brush is here he's the CPA he's a trustee of one
of the ownership interests of the trust with (firm name) he lives in the community as all
of us do and we're not here to alienate anyone or were trying ta bring a group of inen
and women. l guess we are aN men here today. People you know good faith thing.
We're putting our words, our reputation, we're not blowing smoke, we're not throwing
words on a paper without substance, and when Mr. Brush as the operational accountant
can tell you can't rnake it thaYs why we're trying to sell it, and Mr. Brush would you just
give some detail on that?
Dan Brush: Over the past five years (background noise) has been decreasing and in
order to compete in the market (background noise) an extensive renovation would need
to be dane on a{I of the rooms and this is not only wou{d be very expensive but the
nightly room rates wouid most assurediy have to be increased in order to cover this
massive undertaking and we feel that because of the significant increase in competition
in the surrounding area that increasing our room rates at this time would just fiurther
decrease our annual revenues. And you know the owner, Mr. Noto and i have over the
past few years discussed from time to time you know what is his exit strategy and we
would talk about what age does he plan on retiring and how much money will he need
when he is going to be in a retiring and we would invariably always end up talking about
the you know Palm Desert Lodge and since this is Mr. Noto's main source of income it
was extremeiy important and some of the ideas we woutd you know we would say what
about if we would sefl the Palm Desert Lodge outright to a buyer who would be
interested in taking over the business. The new owner wouid continue running it as the
Palm Desert Lodge and we didn't think we could get this accomplished. Since the
owner the new owner would have to get a return on his investment of somewhere of you
know 10 to 12 percent and this means that the Palm Desert Lodge would have to earn
net incame after expenses of $600,000 a year, and our annual revenues with no
expenses don't even exceed that and it just didn't seem like this idea would work at all
for a new buyer. Then we would talk about raising, raising you know the motel and
buitd a commercial building with our own capital and with the help of a local lending
institution this would have a considerable amount of risk on Mr. Noio's part but the risk
vs. reward might be worth taking. And another idea was to develop or sell the vacant
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lot next door but the problem with that was the two parcels of land the two of them are
worth more than it is separately so you know by dividing them up would decrease the
total value so that wasn't an option. We could sell it outright to a buyer that would raise
the building and build their own commercial building. We wouid have to pay a lot of
capital gains tax on that associated with the sale but with the net sa[es proceeds we
could invest in a you know safe secure investment in a you know tax free muni bonds or
something and our expected rate of return could be you know 5 to 6 per cent an that
money. (Inaudible) we continue to invest in a safe bond like that then Mr. Noto could
retire you know with little or no risk. You know the last idea we talked about was to get
some sort of a land lease or a ground lease and it seemed to be the best idea of all
because we would keep the property, we wouldn't have any capital gains tax, we could
enjoy his retirement years with that you know the revenue from the ground lease and
still maintains the property but you know I guess my final thought to this matter that if
you would declare this a historical landmark you know its just all of these ideas are out
the window and Mr. Noto might be hurt in a very significant way and that all I really have
to say about the matter. Unless you have any questians.
Kent Routh: Jan?
Jan Holmlund: I a those are all interesting ideas. I think the one you fixed on is very
important in maintaining an interest in that properly. I spent a number of years of my (ife
working for the Secretary of State of Florida in the great (inaudible) program in
Pensacola. Wher► I went there we had 30 blocks and a number of smalf shot gun
houses that reeked of urine. Those houses could be boughi for $2000 apiece they're
well over $200,000 a piece now. Historic preservation pays and pays well for the cities
and individuals. There is no question of that and it took very few people to put that
historic district together. We had warehouses, parks, burial grounds, ships, mills, and
houses. I think that there is no question that the economic value of your (and is going to
remain no matter what you do and I think you know eaming from that is a wise decision.
But that is not to say that the economy will not provide an income for you from a
renovated motel. Anyone that is willing to spend 5 million dollars for land certainly
doesn't worry about $300,000 in renovations. That's not
19
07 49 23 a m 03-06-2006 ?t /36
Michael Noto: How did you determine $300,000 in renovations?
Jan Holmlund: One hundred fifty for sewer and one hundred and fifty to renovate the
Michael Noto: Oh no, it could not be done for one hundred and fifty thousand.
Jan Holmlund: Those were mentioned those figures.
Michael Noto: There was one fifty jusi for the hook up to the sewer.
Jan Holmlund: Right but that comparatively to 5 million of whatever they'd be willing to
pay an investor would be willing to pay for that land would be nothing to them.
Michael Noto: But they're not interested in it as a motel. They aren't interested in
paying the 5 million as a motel they want the dirt. Unfortunately the way the desert has
grown over the years with the Super Wal-Mart's and auto dealers and mega Marriott's
and Casinos the dirt has become more valuable now than the business.
Jan Holmlund: I understand you're in the same position as agricultural, but what I'm
trying to say to you Mr. Noto is that if I were you I certainly would hang onto that
property but not consider that every historic preservation project is uneconomical
because it assuredly is not.
Michael Noto: Well I have Mr. Baxley here who tells me that he cannot find a buyer.
He had the tisting on this property for a year and no one has stepped forth to show any
interest in buying it.
Jan Holmund: Buying or leasing?
Michael Noto: No leasing the ground. They're going to raise the bui{ding. Walgreen's
intention was to raise lease the ground only, raise the builcling and pay me an annual
income for the ground.
20
Dick Baxiey. That's do ab{e but to operate the building as it sits there is nobody who
goes past the first what have yau got?
Michae! Noto: There's nobody interested in leasing the Palm Desert �odge from me
and operating it as the Palm Desert Lodge. They want to lease the dirt. They want the
dirt.
Jan Holmlund: Now have you considered the possibility of the benefits of the Mills Act
where a large percentage of your tax would be written off for 10 years?
Dan Brush: What taxes?
Jan Holmlund: Tax dollars on your income.
Dan Brush: There is no income.
Michael Noto: There is no income so there's no tax.
Kim Housken: Have you considered maintaining the buildings and just changing the
use? I know number four in the letter we received mentions that if it seems historic it's
continued present use will deny the owner an economically viabfe use of the property. f
know in Rancho Mirage there was that little place before you get to honey baked hams
which I think has tumed into a day spa or something like thai. It not used as a lodge
anymore but the buildings are still there.
Michael Noto: Why would you take such a small property with such few square
footage and try to use that as something else when a new development with maxirnum
square footage could go on the same site?
Jan Holmlund; Because of this historic property in some sense of the word has value
in that sense.
21
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Kim Housken: i am just aiso kind of curious. I think l understood that your family's
owned the property since '73. Could you teil me what you paid for the property in '73.
Michael Noto: I'm not sure.
Kim Housken: And as far as I know nothing else has really been added in the sense of
buildings, right? It is well maintained but nothing new has been added recently.
Jan Holmlund: You know Mr. Noto we have an engineer a consulting engineer on this
Committee and we have an architect as wel[ and should the City find easements or
ways to assist in your renovation of that property you might be you might be able to
lease it should it be renovated. And I'm not clear{y you want to be rid of ii but 1'm asking
you as an altemative to give it tha# consideration.
Michael Noto: 1'm sorry but I'm not willing to do that at this time. I've lived, I've worked
30 years there. I'm ready to leave, t'm ready to leave the desert, I'm ready to cetire and
I would the right to sell the property to whom I please as long as the City approves of
that person. Now Walgreen's and Evergreen told me that when they met with you they
were more than willing to have you participate in the actual design of the new
Walgreen's building to do whatever it took to make sure that as John mentioned the
Class B and Class C and they got no response from that.
Jan Holmlund: Oh, they did. They did get a respanse.
John Criste: You know one of the things I think that may have, at least it would have
been for me, and I sensed it with the Committee that kind of would've sparked a
reaction was the nature of the user. t've been on architectural review committees for
two cities in the valley and I sometimes have to tell developer and applicant like you
know I know how much work you've done here and this is an awful lot of money you've
spent and everything but this awful and would you try to go back and make it better.
The the whether a Walgreen's is an appropriate use at that location and whether uh any
new use could be done in a way that is acceptable to the City is a separate process
22
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altogether obviously and I don't know what the rule of the once a say a building or a site
has been considered for designation has gone what the rule of your committee is in
terms of advising the architectural review committee or arguing for a perpetuation of
certainly a decent architecture even architeCture that's reminiscent of past styles. But
that is a separate issue from the cuRent issue and the the functional renovation of some
of these uses is just difficult. In many instances where you can convert to residential
ownership you can go from the shotgun houses for instance that you mentioned. I my
first job for four years was in Harrisburg downtown Harrisburg, PA and the town had
been deserted downtown and when l got there it had only started to gentrify town
homes that were later on became half million town homes much like Ritten house
square or any places Society Hill in Philadelphia a half century earlier
End of Tape 1. Side B
Tape 2, Sfde A
John Criste: sure. Those kinds of things are viable. It's very difficult to imagine a viable
use of the existing structures beyond what they were originally designed for which was
a motel and uh. Does that I think that's something that the committee needs to
consider too. It's not all iYs not all potentially important structures have this multiple use
flexibility.
Jan Holmlund: Well, I think some of the things that I'm very proud of in Pensacola is
that we were able to grandfather in most of the owners with their same tax rates so that
if their justification did not happen unit use is really a practical thing in many places. I
can't speak to your to this any further but we have received a lot of information from all
of you and it was very helpful to me at least and I think
Don't recognize speaker voice: And to us too thank you.
John Criste: I understand that there is that if I read the ordinance right that you have
30 days ta consider what your recommendation would be to the City Council. Is that
23
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what your process will be at this stage is to to consider what your recommendation is
and then to make a recommendation? How do you proceed?
Kent Routh: We really can't make a recommendation until somebody applies to
change the nature of the property.
John Criste: But you are already in a process here that is affecting the property.
Jan Holmlund: That's right and we asked for a moratoria on any destruction until we
were able to get put together enough facts about the property to see exactly what we
were dealing with here because when Evergreen came to us we hadn't had a chance to
study this property and we have a subcommittee who is working very hard trying to pull
together facts on properties. And as you well know that property was built before this
became a City and so it took some it's taking some digging to get the facis. But we have
45 days after you apply should you be considering demolition. However this Committee
probably would vote to stay that.
Tom Slovak: Again I'm trying to speak to the procedural issue OK rather than the
answer. My hope is ihat the wisdom of our comments will persuade all to vote
unanimously this is not a historic site. Obviously. But if you're not going to vote that that
we wou(d ask for a vote. If you're saying you won't vote because there is no action then
I submit having read the minutes there was some kind of a moratorium I think you've
taken action. So if you haven't taken action you 1 didn't there is no threat to demolish
the premises in violation of let's go behind this Committee's back. My only point of
seeking a permit to demolish�was if you think you need that to get yourself in a position
where you have to make a decision I'll be down to City Hall today seeking a permit to
demolish the premises. On the other hand if you tell me that given what has happened
and the cloud that you have placed on title to this property whether you wish to or not
from Mr. Baxley you folks have diminished the value of my clienYs property. Now if you
don't want to accept responsibility for that please don't tell me it didn't happen. I didn't
respectfully say a hands up vote is up or down so we can then know where we stand. If
you telf ine you don't want to do that I don't understand why but I'll be down here
24
tomorrow or you know pulling a permit. Then you can take action then we can be back
here then we can have a vote. We tried to beat the process by (inaudible) meet the
process the rea! process and Evergreen started it. The owners here now having that
deal been lost saying it got started and we come in and we put a loi of time and money
in trying to give you all facts. We think that suggests the need for a vote a
recommendation and then it can be sent to the City Councit. The Counci! can either
ciesignate it historic or not. But we vote the one thing we would ask not to occur is don't
say there's no application and then we're not going to do anything because then I'll say
to you we go down tomorrow and pull a permit and then we'll make application and then
we can start it. lt seems to me that gamesmanship over substance but if technically
that's what the City Attorney and the City wants us to do but I don't want to have it
publicized or anybody in this groupthink that we're doing that in spite. We're doing that
in anger or we're doing that to give you, you know the bum's rush to anybody. Uh,
we're just doing that so we can get a decision because right now we can't sell our
property. Right now we are losing money. Right now is the heart of the season the
high season for people to do in the desert to buy our property. Right now we can't sell
our property. Right now we can't retire. Right now he's fosing money. Right now
George Demos' brother (inaudible) iYs Mr. Demos, George Demos, isn't getting a nickel
whose in his 70's out of this property despite Peter Demos' dream that someday his
brother would share in the profits of this business. So it's happening to us not because
we're pretending or creating a problem that it's a real issue and we're asking
respectFully for a decision up or down.
Jan Holmlund: Mr. Slovak have you read the ordinance Ordinance number 401?
Tom Slovak: I've read it several times.
Jan Holmlund: OK under 29.05.185
Tom Slovak: 29.05.185?
25
�� �i uo a in u�-uo-tuUb Z/ /36
Jan Holmlund: Um huh. The application for permit provided by the City is made
available to this Committee and then under 29.05.170 and 29.05.180 it says basically
that any construction, moving, demolition, change in land use (inaudible) �equires
approval of this Committee and a stay of demofition can be issued by this Committee.
We do have power of that type. We also have been told in that ordinance that we have
45 days after your demolition request or whatever in fact we can extend that for 120
days but we have the possibility that we can give you an answer but technically for us to
vote and to give you certificate whether its for demolition or a certificate that requires
you to keep it we really do need that application so that we can then be taken to City
Council.
Tom Slovak: Alright let me us that because
Jan Holmlund: They might allow your fees to be held in abeyance.
Jirn West: I might make a comment. In my reading of the ordina�ce, it's my
understanding of the ordinance that any stay of demolition is related to the property
already being declared a historic site or historic district. This property is not declared a
historic site or historic district at this time. This Committee's role is to do the fact-finding
and when it's appropriate submit the site to the Council. We have not done that yet. So
in fact this property is not an historic site.
Michael Noto: Thank you
Jim West: That's my reading and my reading also is my personal belief is that I would
love to see the property stay, but the reading of the ordinance I believe its that way and
I have to rely on the City to say whether or not that's a correct
Jan Holmlund: Right, we need to have somebody tell us because as I understand the
ordinance once it's listed once a property is on a list this Committee has the power over
that.
26
UI'�1'L� a m U3-O6-2006 2$ /36
Michael Noto: Would it be possible to do a vate here off the record
Jan Holmlund: No
Michael Noto: so I can tell Mr. Baxley that this is what transpired at the meeting, he
can relay it is his prospective buyer so he'll feef comfortable making an offer?
Kent Routh: It can never be off the record.
Amir Hamidzadeh: One item that I was going to mention and its kind of odd and
maybe reading of the ordinance everybody might have a different interpretation and
take on it and maybe and I tried to get our City Attomey involved in today's meeting to
hopefully we could have resolved things right now but he couldn't be here. However, if
we decide and this is maybe more of a question for the attomey also if you want to do
have the applicant actually do an application for a demolition Okay. For example, Mr.
Noto or any of his representatives come to the Building Department for a demolition
permit. If I give them a demolition permii then obviously they can go and demo if I issue
it, However, I read the ordinance is when they want to do an application for a
demolition before I issue the permit I should bring it before the Committee.
Jan Hotmiund: That's the way I read it too.
Amir Hamidzadeh: And I believe that's almost the place we are today. I mean
Michael Noto: ThaYs exactly where we are today.
Amir Hamidzadeh: Yeah, I agree. So it is my understanding even though realistically I
mean we just don't have something in writing to say OK can I have this as my submittal
for an application then maybe that's what the Committee wants only. But l just want to
make the su�e the Committee does understand ihe way I see the ordinance is when
they want to apply I got to bring it before you guys and that's almost where we are today
because once 1 do issue it they can go and demo.
27
John Criste: And that's because it's on the list for consideration?
Amir Hamidzadeh: Correct.
Michael Noto: Can we continue from this point then?
Tom Slovak: Is there someway of asking the Committee for example. I assume there
are two ways for the Committee to have raised before it the issue of whether to have a
site designated as historic. One is through the proposed change of use, demolition,
modification, addition, anything that would impact the use. Say they add three stories to
it OK and you all say no no I don't want that. That would trigger the Committee's review.
The other is for you to make a decision to designate the property as historic on your
own initiative. Now it wasn't a close cal� when Riverside designated the Mission {nn as
a historic site and their other such structures. Is it not possible to suggest that
methodology by which you would vote. Now you don't have to, I can trigger the
requirement for you all to vote and not in the manner which we go about this we've not
run behind anybody's back we've tried to as yQu've said probably for ihe first time in the
history of the City we're the only group to come to you I think and not you know givin
you everything you know I think you oould say should be brought by a property owner
when we hear about these things. So we've tried to be politically and legally and
ethically correct with this Committee. Whether you agree with us or not we've tried to
act honorably so that would be one thing I'd ask you to tell us today but if you tell us you
won't take action. You don't think legally you can then as long as you all know the
application to demolish the property is done for the purpose of trying to get the vote
from you all so that we can know where we stand so we can sell our property.
Kim Housken: I'd just like to weigh in a little bit. According to my interpretation, just
the way I've seen the proceedings go really I think something that kind of hindered us
was that we didn't have much information and we didn't receive much information from
the property owner. With regards to the history we were kind of on our own in
researching things. 1 think at that point we have to make the decision whether or not we
want to nominate it. I don't think we could vote today if we wanted to because the local
28
I (IV ! IO OJ`JL
raim oesert ts UILUINIi 07 51 58 a m 03-06-9006 30 136
property owners within 300 feet haven't been notified. You know this would have to be
noticed and a public hearing for this. If we think we're ready I would move to put this on
our next agenda then and you know we would take the proper steps and do what we
need to do in terms of opening it as a public hearing, receiving public testimony,
notifying the local property owners. And I can totally appreciate you wanting a timely
answer here. I would like to you know put this to bed myself. I have COD to work on
now.
Tom Slovak: That's an Albert Frey building.
Kim Housken: Yes, I know. Sincerely, really ! know we just want to be sure we've
done our jobs and like you said this is our first one so you know we want to dot our I's
and cross aur t's. Sa I would be willing to make a motion to put this on our next agenda
as and we'll notice it you know we'll follow our steps in our ordinance and do the
proceedings as they're written and ( could see us voting on this at the next meeting.
Michael Noto: Thank you.
Kent Routh: Do I have a second?
Jim West: Second.
John Criste: Could I propose before you
Kent Routh: All in favor. Pardon me we have to vote. It's been seconded and all in
favor of Kim's proposal to vote to put it on our next agenda.
Kim Housken: After we've noticed and followed the steps and so on and so on and
notiiying the property owners you know follow our steps.
Kent Routh: All in favor? All right unanimous.
29
�� �L: I L a fTl u.s-Ub-LUUb 31 l36
Tom Slovak: I'll make you this offer. Any of you informally or formally what information
that you think is pertinent you know from any of us call us.
Kent Routh: We are very grateful and so (two people talking). You have not gone
behind anybody's back. You've been up front and you have legitimate concerns and I'm
sorry that we tend in fact to stall some of that was because this issue was brought up
just before our November meeting. We didn't have the information. We had no
December meeting. This is the first time we have been able to gamer a little bit of
information and also what I was thinking about is like down the road if for instance the
demolition of this property and the sale of it would cause someone to design a building
that knocks our socks off we are going to be in a different position. But thaYs the
architectural review not us. But we will have We will vote on this at the next meeting.
Don't recognize speaker: When is your next meeting?
Kent Routh: February 27.
Tom Slovak: We appreciate it. If you need more information from us. What we tried to
do I looked at the file I tried to look at the minuies and we tried to anticipate we asked
oursetves if we were sitting in your shoes what information might you want to hear tf�at's
relevant under the statute. I tried to assemble
Kent Routh: Right and this letter of yours gives us more information information that
we didn't have. I was not at all aware of the septic nor was anybody else.
John Criste: Can I ask Ali a question? If this You might want to confer with I don't
know if designating a property, as a historic site is a project under CEQA. In which case
it might and it might not be but you should probably ask him or maybe ask Bob
Hargraves does this have CEQA implications.
Amir Hamidzadeh: My yeah I simply agree with that. I believe ii does but you are right
I'll chEck with either our City Attorney or
30
Tom Slovak: May I have permission again appropriately? I can do I can talk to City
staff and/or the City Attomey to make sure that for all our perspectives you know we're
going abou# this in the technical way accarding to what the City wants done from their
legal adviser. Like this is the right way prime if it tums out he thinks something else
needs to be done I'm sure he'11 advise the Committee and fet us know and we'11 try to
bring it to your attention in the appropriate way, giving whatever notice is required. If
you want more sustentative information from us why I would say this only you know
there are some times this is a big deal I understand the Committee want to and I'm
pretty sensitive to some of what's happened in Palm Springs particularly where I lived
for 15 years until a recent move to Rancho Mirage. I think there are some buildings out
there that everybody says wow those should be preserved. Come on use your
resources that way. This one I'm sorry f just you know I'm just as a citizen give me a
break. That one this is where the Committee wants to resi it �eputation in terms of its
professional judgment I don't think this is the one I would want to make my career on
and I say that not its credibility is this is not much of a structure. I'm an ole boy from EI
Centro and even somebody as uneducated as me when I go to the Mission Inn when I
see some of Albert Frey business and when I see some of the other work done and is
true mid century modern is true architectural I like abstract art I collect it. Then there
are some you know eh and thaYs not a very sophisticated comment. But 1 don't think
this it.
Jan Holmlund: Mr. Noto I just wanted to say it was mentioned that Evergreen didn't
get a response. They got a response from this Committee but they also had a respanse
from many members of the neighborhood who were here and all of them said
(inaudible) so they not only heard from us but from some of the neighbors. I wanted to
say
Michael Noto: They gave a negative response because they decided not to go forward
with the project.
Jan Holmlund: Well, I just wanted to say that we do have as Jim said we have to stay
within the limits of our ordinance and you'll reread 29.05.170 Stay of demolition it says
31
�� JL va e iu w-Uo-LUUh :53/3b
at any time after the initiation of proceedings for designation of a historic site or district
then also proceedings began when we listed that as a possibility. So as far as I can see
one suggestion is very important to this Committee so we can proceed as we're legally
advised to do that. I think that Ali can dig that out but I think we have certain
progressions that we have to make.
Tom Slovak: I would simply add this one thing and it is amazing to me. Someday I
guess when I'm dead I'll not be amazed. I've never people come forward the City of
Palm Desert has 40,000 plus citizens throughout and if each if someone was to sell
their property and a next door neighbor comes by and says you know I kind of like it
there thank you very much. But 45,000 people don't go up and say my god of course a
person can se11 their property. Other businesses in the area would like to have a better
building yet an owner of the Aztec Rental Car comes forward and says you know I kinda
like having my Aztec rental business there why don't you all just keep this so I can have
my little operation going but 45,000 people don't show up. So sometimes the nature of
these things and public hearings I'm sure you know better than me to a degree to which
people come out of the woodwork at times to voice their opinions about how property
should be used or not without bringing their checicbook with them. One of the reasons I
don't sit or run for public office. I don't think I could put up listening with it you all have
to. I don't give much creditability to it and (inaudible).
Dan Brush: I have another comment. Those other people you were mentioning were
at the first meeting in November. I haven't seen them since.
Jan Holmlund: We haven't had any meetings.
Dan Brush: This is my third time I've been here regarding the Palm Desert Lodge.
Jan Holmlund: We haven't had any meetings since then.
(Several people talking at once.)
32
�� ...� �� a in v�-uo-[UUO 34 /Sb
Dan Brush: This is my third time that I've been here so I know there have been two
about the Palm Desert Lodge. The first meeting was when these people that you
mentioned two or three people showed up that evidenily they must not have been that
important you know issue on because they haven't shown up since.
Tom Slovak: There may not have been a public notice of the meeting or something. I
am sure some of those dedicated people made their comments might show up again.
Jan Holmlund: All I'm really saying is that Evergreen did get a response from two
different groups so they did get some response. I don't want you to
Tom Stovak: I did read the record.
John Criste: Thank you very much for taking the time to consider this and work with us
on this.
Amir Hamidzadeh: Just one last thing just for our clar�cation maybe if everybody
would (inaudible). Does the Committee at this point want the applicant to actually
submit that application or not?
Jim West: We're going to discuss this at the next meeting, no matter what. (Several
people talking) we're going to discuss it.
Tom Slovak: I will call the City Attorney and ask the City Attorney whether in his
opinion he wants us to make an application to trigger for this Committee is vested the
decision making authority.
Kent Routh: I am sorry he is not here today, but we had actually asked him to be.
Tam Slovak: If he says yes I'll file it. If he says no we don't need to we won't. How's
that?
33
_ __ �.. .� ... v.i vv cvvv JJ /JV
(Several people talking at one time)
Jan Holmlund: If you have that (inaudible) can simply go to the City Council with our
recommendation without any failure (inaudible).
Tom Slovak: I will check with the City Attorney with your permission. If you hear
something iYs because he's told us we should.
John Criste: What is the date again Ali or Mary?
Mary Clark: February 27
John Criste: Thank you
Tom Slovak: At 10:00 a.m.?
Kent Routh: Yes, here.
Jirn West: One more comment before we maybe wrap this and this is really directed to
John. In laoking at your presentation I believe my reading on the property is that there
are actually three elements, three separate elements on that. One being the original
building, two the two-story building, and I would say the sign is actually an element and I
think it should be seen as such and by the owners and by the (inaudible) because there
it actually represents something else too. And that will be discussed at the next
meeting.
Michael Noto: Is that the neon sign? The freestanding neon sign?
Jim West: Yes the neon sign that used to be near the original property and then it
actually was moved out closer to the street when the second siory building was added
so that you could actually see it.
34
..r .i.i JJ O 111 VJ-VU-/VVU JO /.SO
Michaei Noto: Then it was moved again by the City of Palm Desert
Jim West: And I don't know all that history but I do know that it's flipped. It used to be
pointing one way and now it's pointing another way but it's the sign itself. As Rancho
Mirage knows (several people talking) there are the sign by itself is an element. I'd like
to make sure you noted it.
Michael Noto: I find it somewhat ironic that the City of Palm Desert has been wanting
that sign to disappear for years.
Jim West: Ironic things happen all the time.
Michael Noto: lt doesn't meet any of the requirements for a sign (several people
talking at once). Thank you all very much.
Kent Routh: Thank you gentlemen we certainly appreciate it.
End of Item C--OLD BUSINESS
35
STAFF REPORT
To: CITY COUNCIL, CITY OF PALM DESERT
From: CITY ATTORNEY, DAVID J. ERWIN
Date: March 15, 2006
Re:
REOUEST
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
v 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.
There can be an appearance of a cloud and a potential for a restriction for any of the classes other
than 1 and 2.
r--
c
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 Orteg1
City Manager
DJE/sm
-2
By:
DAVID J. WIN
City Attorney
RM PUB\DER W IN1266700.1