HomeMy WebLinkAboutDirection - Draft Ord of City's Cultural Resources 08/28/08 CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
STAFF REPORT
REQUEST: DIRECT STAFF TO DEVELOP DRAFT ORDINANCE OF THE
CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE
IDENTIFICATION, DESIGNATION, PROTECTION, AND
ENHANCEMENT OF THE CITY'S CULTURAL RESOURCES.
SUBMITTED BY: Russell A. Grance, Director of Building and Safety
DATE: August 28, 2008
ATTACHMENTS: Agenda from the July 9, 2008 Historical Preservation
Subcommittee meeting, List of top 13 properties from HPC
Recommendation:
Staff request that the City Council direct staff to develop the final draft Cultural
Resources Ordinance for the City of Palm Desert based on the outcome
decisions of the subcommittee meeting of July 9, 2008 as listed in items 1-8 in
the "Background" section below.
Background:
On March 13, 2008 the City Council directed staff to appoint a subcommittee
comprising two Council representatives, two Committee members, two real
estate agents, two city residents, the City Attorney, and appropriate staff to work
through the remaining issues relative to a cultural resources ordinance, and to
return to Council with a recommendation.
The subcommittee met on May 12, 2008 and again on July 9, 2008. The meeting
of July 9, 2008 was very productive and the following items were discussed:
1. Is a property owner's approval required prior to the City's certification of a
survey?
The subcommittee members all agreed that property owner's approval is required
prior to the City certifying a survey. Discussion also surrounded the ability of a
current or new property owner's ability to have the property de-listed. The City
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Staff Report
Cultural Resources Ordinance
August 28, 2008
Page 2
Attorney assured the subcommittee that this could be accomplished and be
addressed in the ordinance.
2. Does the City Council wish to pursue attaining "Certified Local
Government" (CLG) status as outlined in the General Plan?
The subcommittee agreed that CLG status can be entertained at a later date and
to move fonvard with the ordinance without this requirement at the present time.
3. Does the City Council want to authorize the Historic Preservation
Committee to work on the top thirteen properties as delineated on a list
developed by the Historic Preservation Committee dated April 24, 2006?
The subcommittee discussed which properties the HPC wanted authorization from
Council to work on (see attached list). If Council authorizes the HPC to work on
these properties then a letter would need to be drafted and sent to the property
owners informing them that the City is considering their property to be included
on a survey to be certified and that their properry be considered for future
landmark designation.
4. The Board be named a Commission versus Committee.
The subcommittee agreed that since CLG status would not be entertained at this
time the designation of"Committee" at this time would be appropriate.
5. Members are required to be a resident of the city.
The current language in PDMC Section 2.34 will be inserted in the new
ordinance authorizing the Council to make exceptions for residency requirements.
6. Definitions; e.g. Administrator, Alteration, Certified Local Government
etc...
The general consensus was to approve and use the definitions that were reviewed
by the City Attorney as represented in the ordinance that Staff and City Attorney
developed.
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Staff Report
Cultural Resources Ordinance
August 28, 2008
Page 3
7. The frequency of ineetings increased.
The criteria for meeting frequencies will be that as outlined in Section 29.30.040
"Meetings" in the version of the ordinance that Staff and City Attorney
recommended, but modified to read as follows:
"The Administrator shall establish the time and place of its meetings and post it
accordingly. Meetings will be held monthly or as needed, provided there is
business to conduct. "
8. Duties and authority of Administrator and Committee be revised to give
the Committee greater authority.
It was agreed by the subcommittee to go with the language in the ordinance that
the City Attorney and Staff developed and in the future should the City entertain
acquiring CLG status then we would revisit this item then, if needed.
Submitted By: Revie " and c cu .
�
Russell A. Grance Homer Croy
CITY CI��#��,o�Pcf���PB & Safety Assistant City nager
APPROV�D ✓ � DENIED __�_�__�__ Development ervices
RECBIVSD O�IiER
MEBTING DATE
Approval:
AYES: �
NOES:
A�SENT: Carlos L. O ga
�BSTA�N: City Manager
VERIFIED BY:
Original on F31e wit City Cl,erk's Offic�
* Approved the recommendation, with further direction that the
new ordinance incorporate regular Committee Meeting date/time. 5-0
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�—�—� CITY OF PALM DESERT
� �
HISTORIC PRIESERVATION SUBCOMMITTEE
AGENDA
July 9, 2008 @ 10:OOam
Community Services Conference Room
I. DISCUSSION
On June 12, 2008 the City Council directed staff to schedule another
subcommittee meeting comprising two Council representatives, two Oommittee
members, two real estate agents, two city residents, the City Attor�ney, and
appropriate staff to work through the remaining issues relative to a cultural
resources ordinance, and to return to Council with a recommendation. The
following items need to be discussed:
1. Is a property owner's approval required prior to the City's certification of a
survey?
2. Does the City Council wish to pursue attaining "Certified Local
Government" (CLG) status as outlined in the General Plan?
3. Does the City Council want to authorize the Historic Preservation
Committee to work on the top ten properties as delineated on a list
developed by the Historic Preservation Committee dated April 24, 2006?
4. The Board be named a Commission versus Committee;
➢ If Council wishes to have the City of Palm Desert acquire "Certified
Local Government" (CLG) then having a body named Commission is
one of the necessary requirements. (Refer to item #2)
5. Members not be required to be a resident of the city;
➢ Per PDMC section 2.34.010(A) Council is authorized to appoint
members to the C�ommittee that are not a resident if specific expertise
is needed.
6. Definitions; e.g. Administrator, Alteration, Certified Local Government
etc.. ;
➢ Definitions vary between jurisdictions throughout the State and differ to
address specific local needs.
7. The frequency of ineetings be increased;
➢ The Committee wants the authority to establish times, dates and
frequency of ineetings, whether there are any projects or agenda items
to discuss.
Historic Preservation Subcommittee Agenda
8. Duties and authority of Administrator and Committee be revised to give
the Committee greater authority;
➢ The Committee does not like the revised section of the ordinance that
limits their job duties and authority and shifts some of those duties and
authority to the Administrator.
9. Certificate of Appropriateness (remains), Administrative Certificate of
Appropriateness process(deleted)
➢ The Administrative Certificate of Appropriateness process was
eliminated to ensure that all projects garner approvals from the City
Council and not administratively so Council would have knowledge of
all projects due to the sensitive nature in dealing with property owners
rights.
Page 2 of 2
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CITY OF PALM DESE Tp p,�$,���-� �,�� R��,�����p, _ _ __ _
BUILDING & SAFETY DEPA
STAFF REPORT
TO: Honorable Mayor and City Council
REQUEST: COUNCIL DIRECTION CONCERNING AN ORDINANCE OF THE
CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE
IDENTIFICATION, DESIGNATION, PROTECTION, AND
ENHANCEMENT OF THE CITY'S CULTURAL RESOURCES.
SUBMITTED BY: Russell A. Grance, Director of Building and Safety
DATE: June 12, 2008
ATTACHMENTS: Appendix G: California Certified Local Government Program
Guidelines; Appendix C: Professional Qualifications Review Forms;
Riverside County Resources Survey list dated August 4, 1981
Recommendation:
That the City Council provide direction regarding preparation of a Cultural
Resources Ordinance for the City of Palm Desert.
Background:
On March 13, 2008 the City Council directed staff to appoint a subcommittee
comprising two Council representatives, two Committee members, two real
estate agents, two city residents, the City Attorney, and appropriate staff to work
through the remaining issues relative to a cultural resources ordinance, and to
return to Council with a recommendation.
The subcommittee met on May 12, 2008 and the following three (3) items
needing clarification or direction from the City Council were identified:
1. Is a property owner's approval required prior to the City's
certification of a survey? Please refer to the following proposed
definitions of "Certified Survey".
G:\BuildingSfty\SuzanneCicchini\WordFiles\StaffReports\StaffReport061208.doc
2. Does the City Council wish to pursue attaining "Certified Local
Government" (CLG) status as outlined in the General Plan?
3. Does the City Council want to authorize the Historic Presenration
Committee to work on the top ten properties as delineated on a list
developed by Riverside County Historic Resources Committee dated
August 4, 1981.
There still remain differences between the recommendation of staff and those of
the Committee that have not been resolved. These differences are seen as being
secondary to the three broader issues discussed above, and will be tackled by
the Subcommittee once Council direction is received in the subject areas. These
secondary issues are:
• The Board be named a Commission versus Committee;
o If Council wishes to have the City of Palm Desert acquire "Certified Local
Government" (CLG) then having a body named Commission is one of the
necessary requirements.
• Members not be required to be a resident of the city;
o Per PDMC section 2.34.010(A) Council is authorized to appoint a member to
the Committee that is not a resident if specific expertise is needed.
• Definitions; e.g. Administrator, Alteration, Certified Local Government
etc...;
o Definitions vary between jurisdictions throughout the State and differ to
address specific local needs.
G:16uildingSfty�Suzan neCicch in i\Word Files\StaffReports\StaffReport061208.doc
• The frequency of ineetings be increased;
o The Committee wants the authority to establish times, dates and frequency of
meetings, whether there are any projects or agenda items to discuss.
• Duties and authority of Administrator and Committee be revised to give the
Committee greater authority;
o The Committee does not like the revised section of the ordinance that limits
their job duties and authority and shifts some of those duties and authority to
the Administrator.
• Certificate of Appropriateness(remains), Administrative Certificate of
Appropriateness process(deleted)
o The Administrative Certificate of Appropriateness process was eliminated to
ensure that all projects garner app�ovals from the City Council and not
administratively so Council would have knowledge of all projects due to the
sensitive nature in dealing with property owners rights.
Submitted By: Revi ed and ncur:
(�
Russell A. Grance Homer Croy
Director of Building & Safety Assistant City anager
Development Services
Approval:
Carlos L. ega
City Manager
G:�Build ingSfty\SuzanneCicchini\Word Files\StaffReports\StaffReport061208.doc
Appendix G: California Certified Local Government Program
Guidelines
Procedures
The State shall provide a mechanism for certifying local governments to participate in
the CLG program. Local governments may submit applications for certification at any
time. Application requests shall be submitted by the chief elected local official.
I The chief elected local official shall request certification from the state in writing.
The official request for certification sha11 include:
A. A copy of a resolution adopted by the local government to authorize applying for
CLG status,
B. A signed assurance by the chief elected local official that the local government
shall fulfill and will continue to comply with all the requirements of the certification
procedures,
C. A copy of the local historic preservation legislation (ordinance), historic
preservation plan/element,
D. Resumes of each member of the historic preservation commission/board,
E. Names and resumes of local government staff members responsible for
administration of the historic preservation program,
F. If begun, evidence of a cultural resources survey performed in the community,
with information on the progress and future intent of the survey, and
G. A brief explanation of historic preservation activities proposed by the local
government to advise the state about suggested work functions and
responsibilities to be performed by the CLG.
II The state shall respond to the chief elected local official within forty-five (45) days of
receipt of an adequately documented application.
III The CLG Coordinator for the state shall review the certification application to
determine the local government's abifity to meet state requirements for the CLG
program. SHPO concurrence shall be forwarded to NPS for final review and
approval as a Certified Local Government.
IV When a local governmenYs certification request has been approved in accordance
with the state's approved certification process, the state shall prepare a Certification
Agreement for concurrence by the local government.
A. The Certification Agreement shall identify the required responsibilities of the local
government when certified. The agreement shall also include additional
responsibilities delegated to the CLG.
34
Requirements
Local governments may be certified to participate in the CLG program by complying
with the following requirements:
I Enforce appropriate state or local legislation for the designation and protection of
historic properties:
A. State enabling legislation provides for local jurisdictions to enact appropriate
historic preservation legfslation. California Government Code Sections
65850, 25373, and 37361 enable city and county legislative bodies to provide
for "the protection, enhancement; perpetuation, or use of places, sites,
buildings, structures, works of art, and other objects having a special
character or special historical or aesthetic interest or value."
B. Local governments must adopt local historic preservation ordinances with
provisions to enforce the designation and protection of historic and
archeological resources.
C. The local legislation shall be consistent with the intent and purpose of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470).
D. The CLG will adopt a historic preservation plan or a historic preservation
element for the local jurisdiction's General Plan, as authorized by the
California Government Code, prior to or upon applying for a CLG grant.
E. The CLG commission will participate in the environmental review of specific
federally sponsored pro}ects, such as community development programs
involving HUD Block Grant funds unless it is determined by OHP that the
necessary expertise is not available to the local government. The CLG will
establish programmatic agreements with the state agreeing to ensure
compliance with Section 106 provisions of the NHPA.
F. The CLG commission will participate in the environment review of local
projects in accordance with the requirements under the California
Environmental Quality Act (CEQA). The commission may review and
comment on permit actions affecting significant listed historic properties and
other resources eligible for listing, in accordance with local ordinance
requirements and with CEQA. Procedural guidelines should include
standards for demolition stays, design review criteria, anti-neglect
requirements, and appeal strategies.
II Establish an adequate and qualified historic preservation review commission by
local law:
A. The commission shall include a minimum membership of five (5) individuals
with all members having demonstrated interest, competence, or knowledge in
historic preservation.
B. At least two (2) Commission members are encouraged to be appointed from
among professionals in the disciplines of history, architecture, architectural
history, planning, pre-historic and historic archeology, folklore, cultural
anthropology, curation, conservation, and landscape architecture or related
disciplines, such as urban planning, American studies, American civilization,
35
or cultural geography, to the extent that such professionals are available in
the community. Commission membership may also include lay members who
have demonstrated special interests, competence, experience, or knowledge
in historic preservation.
C. A local government may be certified without the minimum number or types of
disciplines established in state procedures if it can be demonstrated to the
satisfaction of the state that it has made a reasonable effort to fill those
positions, or that some alternative composition of the commission best meets
the needs of the protection of historic properties in the local community.
D. Commission members shall be appointed by the chief elected local official,
city council, or board of supervisors consistent with the provisions of the
preservation ordinance. The appointing authority shall make interim
appointments to fill unexpired terms in the event of vacancies occurring
during the term of inembers of the commission. The appointing authority
shall also act within sixty (60) days to fill a vacancy. Terms of office of the
commission members shall be according to the local preservation ordinance.
E. The commission shall meet at least four times a year, with meetings held in a
public place, advertised in advance, and open to the public, pursuant to the
Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings.
Written minutes of commission meetings shall be kept on file, available for
public inspection, and submitted to the state as a part of the CLG Annual
Report.
F. Each commission member is required to attend at least one informational or
educational meeting, seminar, workshop, or conference per year that pertains
directly to the work and functions of the commission and would be approvable
by the state. The CLG Regional Workshops sponsored by the OHP are
important sources of information. The annual State Historic Preservation
Conference generally provides special sessions devoted to the issues,
objectives, and responsibilities of commissions. Commissions may also bring
in professionals to provide training on site.
G. An annual report of the activities of the commission shall be submitted to the
state at the end of each calendar year. The reports shall include, but not be
limited to, such information as narrative summary of accomplishments,
summaries of new and corrected survey activities, number of properties
designated under local ordinance in relation to inventory for community,
summaries of National Register applications reviewed, summaries of
historical contexts prepared, number of federal tax certifications reviewed,
number of properties on which design review was held, number of properties
on which environmental project reviews were conducted, property owners of
Mills Act contracts approved, summarization of local preservation activities,
list of local landmark designations, description of public education activities,
lists of commission members and resumes, list of staff and resumes, detailed
listing of commission and staff training received, commission attendance
records, summary of changes in preservation laws, summary of adoption or
updates of historic preservation plan or historic preservation element of your
36
community's General Plan, commission meeting minutes and agendas, and
other pertinent activities performed by the commission.
III Maintain a system for the survey and inventory of historic properties:
The CLG shall be responsible for organizing, developing, and administering an
inventory of cultural resources within the entire spatial jurisdiction of the CLG.
A. The commission shall develop procedures for conducting an inventory of
culture resources. Survey activities shall be coordinated with and
complementary to the state program to ensure that survey results produced
by the CLG will be readily integrated into the statewide comprehensive
historic preservation planning process.
1. The CLG shall be responsible for overseeing the compiling, recording, and
updating of inventory information on cultural resources within its
jurisdiction. The information shall be based on comprehensive surveys
conducted in conformance with state survey standards and procedures.
Surveys completed prior to the certification of a local government may be
re-evaluated in accordance with state standards and may be submitted for
inclusion in the State database.
2. As part of any ongoing survey effort, procedural requirements must allow
for periodic update of survey results as buildings gain maturiry and as new
areas are incorporated or annexed by the CLG.
3. The commission must adopt state guidelines for conducting its inventory
of historic properties. State-approved inventory forms (DPR-523, A-L) and
the OHP's Instructions For RecordinQ Historical Resources shall be used
to facilitate integration into the state electronic data system and for
statewide comprehensive historic preservation planning purposes. Dimitri
software is available for the DPR 523 forms.
4. Standards for the evaluation of properties must be consistent with the
National Register of Historic Places criteria.
B. The commission shall establish internal procedures to facilitate the use of
survey results in the planning process by the CLG officials and departments.
The commission shall submit survey results to the local government for
adoption, then forward to OHP. Copies of the survey should be on deposit at
the local planning department, building and safety office, public works
department, and redevelopment agency. Libraries, colleges, and historical
societies should also receive copies. OHP will make copies available for the
appropriate "California Historical Resources Information System" regional
center. See IV(A)(2) below for public access requirements.
IV Provide for adequate public participation in the local historic preservation
program:
A The CLG shall provide opportunities for public participation in all
responsibilities delegated to the CLG, in accordance with appropriate
regulations, standards, and guidelines.
1. Public participation shall be fully encouraged at local commission
meetings. Commission meetings shall be open to the public, with
37
published agenda and minutes in accordance with the Ralph M. Brown
Act (G.C. Section 54950 et seq.) for open meetings. The published
agenda shall be mailed in advance of ineetings to individuals and citizen
organizations interested in the commission's activities.
2. Public participation shall be fully encouraged in the performance of the
historic survey program at all levels of responsibility to identify and
inventory significant cultural resources in the jurisdiction of the CLG. The
public can serve as volunteers to assist in the survey effort. Survey
results shall be of public record and on file at a public institution, except in
the case of sensitive resources, e.g., archeological sites subject to
vandalism.
3. Public participation shall be fully encouraged in the nomination process for
the National Register of Historic Places program. The CLG shall invite
comments from the general public regarding National Register
nominations.
4. Public participation shall be fully encouraged in all public hearings on
projects related to CEQA and Section 106 processes.
V Satisfactorily perform the responsibilities delegated to the CLG:
A. The CLG shall prepare a comprehensive local historic preservation plan
which would identify preservation missions, goals, and priorities. The plan
would also establish preservation strategies, programs, and time schedules.
B. The CLG will participate in the review and comment on historic preservation
certification applications for tax incentives. The CLG and state may establish
procedures for implementation of the investment tax credit program at the
local level in conformance with the Secretary of the Interior's Standards for
Historic Preservation.
C. Each CLG must have a local historic preservation plan prior to or upon
becoming a CLG before any additional grant applications will be considered.
The state shall monitor and evaluate the performance of the CLG for
consistency with the identiflcation, evaluation, and preservation priorities of
the comprehensive state historic preservation planning process.
1. Annual Review of CLGs:
The State shall conduct an annual review of CLGs to assure that each
government continues to meet the minimal requirements and is
satisfactorily perForming its responsibilities. As part of this review, the
state shall examine the annual reports submitted by the CLGs, records of
the administration of funds allocated from the HPF, and other documents
as necessary. The CLG shall make these records available to the state.
A more thorough review and site visit to the Certified Local Government
will occur at least once every three (3) years.
2. Procedures for Decertification:
If the state evaluation indicates that the CLG no longer meets the minimal
requirements or that in any other way a CLG's performance is not
satisfactory, the state shall document that assessment and recommend to
the local government steps to bring its performance up to a satisfactory
38
level. The CLG shall have a period of not less than 30 nor more than 180
days to implement improvements; If the state determines that sufficient
improvement has not occurred, the state shall decertify the local
government, citing specific reasons for the decertification. Performance
shall be deemed unsatisfactory if one or more of the following conditions
exist or is applicable: a) the commission fails to perform its delegated
responsibilities within established time periods; b) the CLG fails to
coordinate its responsibilities with the state; c) the commission
substantially fails to maintain consistency of its design review decisions
with the Secretary's Standards for Historic Preservation; d) the CLG fails
to maintain a qualified historic preservation review commission
membership; e) the CLG fails to enforce the provisions of the local
preservation ordinance; fl the CLG fails to enforce its CEQA and Section
106 responsibilities; g) the CLG fails to adequately survey historical
resources in its jurisdiction; and h) the CLG fails to comply adequately with
proper fiscal management of HPF grants in accordance with the National
Register Programs Guideline, OMB Circular A-128, and 43 CFR 12.
3. Decertification Appeal:
If the state recommends decertification, the local government may appeal
to the NPS. The NPS has 45 days to respond to the appeal.
4. Decertification Without Prejudice:
CLGs may petition the OHP to be decertified voluntarily and without
prejudice.
5. Financial Assistance Close-out:
The state shall conduct financial assistance close-out procedures
pursuant to the National Register Program Guideline when a local
� government is decertified.
VI The CLG shall assume certain responsibilities for reviewing and recommending
properties within its jurisdiction to the National Register of Historic Places.
A. The SHPO shall have the sole responsibility of nominating National Register
properties directly to the Secretary of the Interior (Secretary).
B. The CLG shall establish local procedures for the National Register nomination
process consistent with the requirements in the NHPA, Section 101(c)(2).
1. Before a property within the jurisdiction of a CLG may be considered by
the state to be nominated to the National Register, the state shall notify
the owner, the applicable chief elected local official, and the local historic
preservation commission. The commission, after reasonable opportunity
for public comment, shall prepare a report as to whether or not such
property, in its opinion, meets the criteria of the National Register. Within
sixty (60) days of notice fram the state, the chief elected local official shall
transmit the report of the commission and his/her recommendation to the
state. After receipt of such report and recommendation, or if no such
report and recommendation are received within sixty (60) days, the state
shall process the National Register nomination. The state may expedite
such process with the concurrence of the CLG.
39
2. If both the commission and the chief elected local official recommend that
a property not be nominated to the National Register, the state shall take
no further action, unless within thirty (30) days of the receipt of such
recommendation by the state, an appeal is filed with the state. If such an
appeal is filed, the state shall follow the procedure for making a
nomination pursuant to Section 101(a). Any report and recommendations
made under this section shall be included with any nomination submitted
by the state to the Secretary.
VII By mutual written agreement with the local governing body, the state may
delegate additional responsibilities to the CLG. Local governments may be
certified to participate in specific program activities under Programmatic
Agreements.
A. The CLG may develop educational programs promoting historic preservation
at the local level such as, but not limited to, sponsorship of preservation
workshops, publication of preservation information, organizing preservation
fairs, conducting walking tours, preparing preservation curricula for schools,
etc.
B. Commission members may act in an advisory capacity to other officiafs and
departments within the local government and act as a liaison on behalf of the
CLG to individuals and organizations concerned with historic preservation
issues at the local level.
C. The CLG may participate in the Mills Act program or other economic incentive
programs to provide property-tax relief for owners of historic properties.
D. The CLG may participate in the Marks Historical Rehabilitation Act for
issuance of tax-exempt industrial development bonds, providing that the
commission shall serve as a part of the required citizen advisory board.
E. The CLG may assume certain responsibilities of recommending National
Register of Historic Places properties, identified in the CLG jurisdiction,
directly to the State Historical Resources Commission.
F. By mutual written agreement with the local governing body, the state may
delegate additional responsibilities to the CLG.
Transfer of Grants to Certified Local Governments
At lease ten percent (10%} of California's annual HPF allocation shall be transferred to
CLGs for implementation of eligible activities which promote the identification,
evaluation, nomination, and preservation of their communities' significant cultural
resources.
Examples of permitted activities:
A. Develop a plan for meeting the preservation goals of the community; Revisions
and updating of local ordinances; development of citywide/countywide historic
preservation plans and economic incentives; development of an historic
preservation element as part of the community's General Plan.
40
B. Historic contexts, including archeological contexts, which can be used for district
or multiple property nominations. Research and development of historic context
information.
C. Preparation of multi-property nominations to the National Register of Historic
Places.
D. Architectural, historical, cultural landscapes, and archeological surveys, and oral
histories. Development of a local archeological program. Note: Survey projects
must identify whether the survey will be a reconnaissance or an intensive level
survey and the approximate acreage to be surveyed. A map of the proposed
area to be surveyed must also be included with the application.
E. Training and educational proposals: to satisfy CLG training requirements and/or
technical training for property owners of historic properties; development of
information and training on seismic retrofiUState Historical Building Code. This
may include training for the Commission and staff within the community by
bringing in profess8ional expertise. Development and publication of educational
materials for the community, such as "Teaching With Historic Places."
Development of slide and tape shows, which can be used to promote historic
preservation in the community.
F. Design guidelines for historic districts, Main Street programs, joint proposals with
other local governments to fund a circuit rider staff person to provide technical
assistance to a group of local government preservation programs.
Architectural/engineering plans and specifications; development of incentives
package for preservation and protection of historic buildings.
G. Geographic Information Systems and mapping of historic resources.
H. Other activities proposed by the CLG.
Examples of prohibited use of grant funds:
A. CLGs may not use HPF grants for construction or restoration of buildings and
structures, acquisition of historic properties, maintenance or operation of historic
properties, interpretive displays, or purchase of computers or other equipment.
B. Transferred monies shall not be applied as matching share for any other federal
grant or for lobbying purposes.
The CLG grant funds shall be for activities for which the state would be eligible for HPF
funding, and which are consistent with the state comprehensive historic preservation
planning process.
California shall make a reasonable effort to distribute HPF grants among the maximum
number of eligible local governments consistent with 36 CFR 61.7(d).
The CLG's share of the HPF shall be of a sufficient amount to produce a specific impact
and to generate effects directly as a result of the funds transfer. The state is not
required to award funds to all governments that are eligible to receive grants. Program
consistency and quality of standards require that the state not award grant funds to all
eligible local governments if there is a risk of sacrificing positive, tangible results.
41
The state shall annually notify all CLGs of the funding availability of HPF grants to
qualified local governments.
The CLG receiving a portion of the local share of the state's annual HPF must satisfy
certain minimum requirements.
A. The CLG grants will be administered in accordance with the "Secretary of the
Interior's Standards and Guidelines for Archeology and Historic Preservation,"
Office of Management and Budget Circulars A-87 or A-128, and OHP's Subgrant
Procedural Guide.
B. The CLG shall adhere to all requirements of the National Register Programs
Guidelines (NPS 49), which sets forth administrative procedures and policies for
HPF grants awarded by the state.
C. Indirect costs may be charged as part of the CLG only if the CLG meets the
requirements of the National Register Programs Guidelines and has a current
indirect cost rate approved by the cognizant federal agency.
D. The CLG must adhere to any requirements mandated by the NPS regarding the
use of the HPF monies.
E. The CLG shall meet all certification eligibility requirements during the grant
period, as specified in the Certification Agreement between the state and the
CLG.
The state shall award funds on a competitive basis to CLGs, contingent upon the
priorities and criteria established in the OHP Certified Local Government Grant
Application.
A. The CLG demonstrates a clear understanding of state and local preservation
programs contributing toward the identification, evaluation, and protection of
significant cultural resources within the jurisdiction of the local government.
B. The CLG provides adequate matching local share (40%) as match for the federal
grant-in-aid.
C. The CLG clearly presents specific goals and objectives that are realistically
attainable within the funding period.
42
Appendix C: Professional Qualifications Review Forms
Certified Local Government procedures require local commissions to meet specific professional
requirements. The commission shall include a minimum membership of five individuals with all
members having demonstrated interest, competence, or knowledge in historic preservation.
Commission members shall be appointed from among professionals in the disciplines of architecture,
history, architectural history, planning, archeology, or other historic preservation-related disciplines,
such as urban planning, American studies, American civilization, cultural geography, or cultural
anthropology, to the extent that such professionals are available in the community. Commission
membership shall also include lay members who have demonstrated special interest, competence,
experience, or knowledge in histaric preservation, American studies, cultural anthropology, cultural
geography, or other historic preservation-related disciplines.
In addition to completing the appropriate form below for any commission member or staff who meets
the requirements for a profession, please attach a resume for this individual.
23
Certified Local Government Professional Qualifications (36 CFR Part 61):
History Professional Qualifications
Local Government
Name Commissioner ❑ Staff❑
(Name of Commissioner or Staf�
Date of Appointment: Date T erm Expires:
Certified Local Government procedures require local commissions to meet specific professional requirements.The
commission shall include a minimum membership of five individuals with all members having demonstrated interest,
competence,or knowledge in historic preservation. At least two Commission members are encouraged to be
appointed from among professionals in the disciplines of history,architecture, architectural history, planning, pre-
historic and historic archeology, folklore,cultural anthropology, curation, conservation, and landscape architecture or
related disciplines, such as urban planning,American studies,American civilization, or cultural geography,to the
extent that such professionals are available in the community. Commission membership may also include lay
members who have demonstrated special interests,competence,experience,or knowledge in historic preservation.
In addition to completing the form below for any commission member or staff who meets the requirements
fo�this profession,please attach a resume for this individual.
Alternative A Alternative 61 Alternative 62
❑ MA or PhD in ❑ BA in History ❑ BA in History
History
or or
or Q BA in CRF 0 BA in CRF
O MA/MS or PhD in
CRF (specify field) (specify field)
(specify field) and and
❑ Two years full-time experience in � Substantial contribution
history(check appropriate boxes through research and
below and attach explanation and publication to body of
dates) scholarly knowledge in
_research history(attach explanation)
writing
teaching
_interpretation
_other(specify)
❑ With a professional institution
(specify institution)
academic institution
_historical org.lagency
_museum
_other(specify)
To meet the standards in this discipline you must be able to check either a big box or a big circle,and check all the smaller boxes under
that alternative. One year= 12 months. Full-time=35-40 hours per week. A year of professional experience need not consist of a
continuous year of full-time work, but may be made up of discontinuous periods of full-time or part-time woric adding up to the
equivalent period. CRF=Closely Related Field;field closely related to this or other discipline in historic preservation(Urban or
Regional Planning,American Studies, Historic Preservation,Art History,Architecture, Material Culture, Landscape Architecture, or
Folklore). Coursework should be evaluated if discipline itself is not always or obviously related.
24
Certified Local Government Professional Qualifications (36 CFR Part 61):
Architectural History Professional Qualifications
Local Government
Name Commissioner ❑ Staff❑
(Name of Commissioner or Staffl
Date of Appointment: Date T erm Expires:
Certified Local Government procedures require local commissions to meet specific professional
requirements.The commission shall include a minimum membership of five individuals with all members
having demonstrated interest, competence, or knowledge in historic preservation. At least two
Commission members are encouraged to be appointed from among professionals in the disciplines of
history, architecture, architectural history, planning, pre-historic and historic archeology,folklore, cultural
anthropology, curation, conservation, and landscape architecture or related disciplines, such as urban
planning,American studies,American civilization, or cultural geography, to the extent that such
professionals are available in the community. Commission membership may also include lay members
who have demonstrated special interests, competence, experience, or knowledge in historic preservation.
In addition to completing the form below for any commission member or staff who meets the
requirements for this profession, please attach a resume for this individual.
Alternetive A
❑ MA or PhD in Architectural Alternative B1 Alternative 62
History ❑ BA in Architectural History ❑ BA in Architectural History
or or or
� MAIMS or PhD in Art History, 0 BA in Art History, Historic 0 BA in Art History, Historic
Historic Preservation or CRF Preservation or CRF Preservation or CRF
(specify field) (specify field) (specify field)
and and and
❑Coursework in American ❑ Two years full-time experience in � Substantial contribution
Architectural History(list American architectural history or through research and
courses or attach listing) restoration(chedc appropriate publication to body of
boxes below and attach scholarly knowledge in
explanation and dates) American architectural history
(attach explanation)
❑ With a professional institution
(specify institution)
academic institution
_historical org./agency
museum
_other(specify)
To meet the standards in this discipline you must be able to check either a big box or a big circle,and check all the smaller boxes under
that altemative. One year= 12 months. Full-time=35-40 hours per week. A year of professional experience need not consist of a
continuous year of full-time worlc, but may be made up of discontinuous periods of full-time or part-time work adding up to the
equivalent period. CRF=Closely Related Field;field closely related to this or other discipline in historic preservation(Urban or
Regional Planning,American Studies, Historic Preservation,Art History,Architecture, Material Culture, Landscape Architecture, or
Folklore). Coursework should be evaluated if discipline itself is not always or obviously related. In addition, note that Alternative A
requires the advanced degree in architectural history or a closely related field and coursework in American architectural history.
Alternatives 61 and B2 require the work experience or publications(in lieu of a graduate degree)to be in American architectural history.
25
Certified Local Government Professional Qualifications (36 CFR Part 61):
Architecture Professional Qualifications
Local Government
Name Commissioner � Staff❑
(Name of Commissioner or Staf�
Date of Appointment: Date T erm Expires:
Certified Local Government procedures require local commissions to meet specific professional requirements.The
commission shall include a minimum membership of five individuals with all members having demonstrated interest,
competence,or knowledge in historic preservation. At least two Commission members are encouraged to be
appointed from among professionals in the disciplines of history,architecture, architectural history, planning, pre-
historic and historic archeology, folklore,cultural anthropology,curation, conservation, and landscape architecture or
related disciplines,such as urban planning,American studies,American civilization, or cultural geography,to the
extent that such professionals are available in the community. Commission membership may also include lay
members who have demonstrated special interests, competence,experience, or knowledge in historic preservation.
In addition to completing the form below for any commission member or staff who meets the requirements
for this profession,please attach a resume for this individual.
Alternative A
Alternative B
❑ Professional degree in Architecture
and ❑ State license to practice architecture
❑ At least two years full-time professional experience in (specify state(s))
architedure(attach explanation)
To meet the standards in this discipline you must be able to check both boxes under Altemative A or the box under Altemative
B. Note that professional degree means a five-year or graduate degree. One year= 12 months. Full-time=35-40 hours per
week. A year of professional experience need not consist of a continuous year of full-time work,but may be made up of
discontinuous periods of full-time or part-time work adding up to the equivalent period.
26
Certified Local Government Professional Qualifications (36 CFR Part 61):
Historic Architecture Professional Qualifications
Local Government
Name Commissioner � Staff❑
(Name of Commissioner or Staffl
Date of Appointment: Date T erm Expires:
Certified Local Government procedures require local commissions to meet specific professional requirements.The
commission shall include a minimum membership of five individuals with all members having demonstrated interest,
competence, or knowledge in historic preservation. At least two Commission members are encouraged to be
appointed from among professionals in the disciplines of history,architecture,architectural history, planning, pre-
historic and historic archeology, folklore,cultural anthropology,curation,conservation,and landscape architecture or
related disciplines, such as urban planning,American studies,American civilization, or cultural geography,to the
extent that such professionals are available in the community. Commission membership may also include lay
members who have demonstrated special interests, competence,experience, or knowledge in historic preservation.
In addition to completing the form below for any commission member or staff who meets the requirements
for this profession,please attach a resume for this individual.
Alternative A1
Alternative 61
❑ Professional degree in Architecture
❑ State license to practice architecture
and
❑ At least one year of graduate study in Architectural (specify state(s))
Preservation,American Architectural History, and
Preservation Planning, or CRF\
❑ At least one year of graduate study in Architectural
(specify field) Preservation,American Architectural History,
Preservation Planning, or CRF
Alternative A2 (specify field)
❑ Professional degree in Architecture Alternative 62
and ❑ State license to practice architecture
❑ At least one year of full-time professional experience
in historic preservation projects, including detailed (specify state(s))
investigations of historic structures, preparation of
historic structures research reports, preparation of and
plans and specifications for preservation projects ❑ At least one year of full-time professional experience in
(attach explanation) historic preservation projects, including detailed
investigations of historic structures, preparations of
historic structures research reports, preparation of plans
and specifications for preservation projects(attach
explanation)
To meet the standards in this discipline you must be able to check all the boxes under one of the alternatives. Note
that a professional degree means a five-year or graduate degree. One year= 12 months. Full-time=35-40 hours
per week. A year of professional experience need not consist of a continuous year of full-time work,but may be
made up of discontinuous periods of full-time or part-time work adding up to the equivalent period. CRF=Closely
Related Field; field closely related to this or other discipline in historic preservation(Urban or Regional Planning,
American Studies, Historic Preservation,Art History,Architecture, Material Culture, Landscape Architecture,or
Folklore). Coursework should be evaluated if discipline itself is not always or obviously related.
27
Certified Local Government Professional Qualifications (36 CFR Part 61):
Prehistoric Archeology Qualifications
Local Government
Name Com missioner ❑ Staff❑
(Name of Commissioner or Staffl
Date of Appointment: Date T erm Expires:
Certified Local Government procedures require local commissions to meet specific professional requirements.The
commission shall include a minimum membership of five individuals with all members having demonstrated interest,
competence,or knowledge in historic preservation. At least two Commission members are encouraged to be
appointed from among professionals in the disciplines of history,architecture, architectural history, planning, pre-
historic and historic archeology, folklore, cultural anthropology,curation,conservation, and landscape architecture or
related disciplines,such as urban planning,American studies,American civilization, or cultural geography,to the
extent that such professionals are available in the community. Commission membership may also include lay
members who have demonstrated special interests, competence,experience, or knowledge in historic preservation.
In addition to completing the form below for any commission member or staff who meets the requirements
for this profession,please attach a resume for this individual.
Alternative A
❑ MA/MS or PhD in Archeology or Anthropology or CRF
(specify field)
and
❑ At least one year full-time professional experience or equivalent specialized training in archeological
research, administration,or management(attach explanation)
and
❑ At least four months of supervised field and analytic experience in general North American archeology
(attach explanation)
and
❑ Demonstrated ability to carry research to completion(attach explanation)
and
❑ At least one year of full-time experience at a supervisory level in the study of archeological resources of the
prehistoric period(attach explanation)
To meet the standards in this discipline you must be able to check all the boxes above. One year= 12 months. Full-
time=35�0 hours per week. A year of professional experience need not consist of a continuous year of full-time
work, but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent period.
CRF=Closely Related Field;field Gosely related to this or other discipline in historic preservation(Urban or Regional
Planning,American Studies, Historic Preservation,Art History,Architecture, Material Culture, Landscape
Architecture,or Folklore). Coursework should be evaluated if discipline itself is not always or obviously related.
28
Certified Local Government Professional Qualifications (36 CFR Part 61):
Historic Archeology Qualifications
Local Government
Name Com missioner ❑ Staff❑
(Name of Commissioner or Staf�
Date of Appointment: Date T erm Expires:
Certified Local Government procedures require local commissions to meet specific professional requirements.The
commission shall include a minimum membership of five individuals with all members having demonstrated interest,
competence, or knowledge in historic preservation. At least two Commission members are encouraged to be
appointed from among professionals in the disciplines of history,architecture,architectural history, planning, pre-
historic and historic archeology,folklore,cultural anthropology,curation, conservation, and landscape architecture or
related disciplines,such as urban planning,American studies,American civilization, or cultural geography,to the
extent that such professionals are available in the community. Commission membership may also include lay
members who have demonstrated special interests,competence,experience,or knowledge in historic preservation.
In addition to completing the form below for any commission member or staff who meets the requirements
for this profession,please attach a resume for this individual.
Alternative A
❑ MA/MS or PhD in Archeology or Anthropology or CRF
(specify field)
and
❑ At least one year full-time professional experience or equivalent specialized training in
archeological research,administration, or management(attach explanation)
and
❑ At least four months of supervised field and analytic experience in general North American
archeology(attach explanation)
and
❑ Demonstrated ability to carry research to completion(attach explanation}
and
❑ At least one year of full-time experience at a supervisory level in the study of archeological
resources of the historic period(attach explanation)
To meet the standards in this discipline you must be able to check all the boxes above. One year= 12 months. Full-
time=35-40 hours per week. A year of professional experience need not consist of a continuous year of full-time
work, but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent period.
CRF=Closely Related Field;field closely related to this or other discipline in historic preservation(Urban or Regional
Planning,American Studies, Historic Preservation,Art History,Architecture, Material Culture, Landscape
Architecture, or Folklore). Coursework should be evaluated if discipline itself is not always or obviously related.
29
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Rancho Mirage 92270 Contreras Home stone in a date garden.
71 - 835 Sahara Road Amy Croft House Home of Amy Croft , entertained
Rancho Alirage 92270 Built by Louis Blankenhorn troops from Camp Young .
Thunderbird Heights Dry Stonewall One of few remaining dry stone <<�alls
Rancho �irage 92270 - - - in tne Cove Comnunities .
INDIAN h'ELLS
45-410 Cook Street Thompson House 1928 Died/Spanish adobe ranch home
Indian �t'ells 922G0 "Cati-anaugh Adobe" in a date garden .
Highi�ay 111 Desert Herizons
Indian ti�'ells 92260 La Finca de Es�eranza
(lt'arner Arkell Ranchl .
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Indian liells 92260 Old Harmon Ranch
45700 Purple Hills Road Ken Licht�• Early ranch house ��ith original
Indian l�'e�ls 92260 Johnny Bex Ranch House shingles .
4?- 747 Highl�ay 111 Indian R'ells Date Shop -F.arly date shop .
Indiaii 1Vells 92260 A1 Faber Ranch
75-291 Highi,�ay ill E1 Dorado Date Shop Residential originally , now date
Indian l�'ells 92260 Ripple ' s Date Garden shop at roadside , T4ed/Spanish
architecr.ure .
7G-851 Highkay 111 Doc Gurley' s Place Second mansion of prominent pioiieer
Indian tiVel?s 92260 Billikie P.anch iamily - 1�4ed/Spanisti architecture .
Avenue 44 Site of very early ranch .
Indian tiVells 92260 Site of Chapin Ranch
Highway 111 $ bliles ba�aRv� Marker $ Well Site Site of well dug around 1870 .�
Indian iVells 92260 • l��ell Site
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CITY OF PALM DESERT N �
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BUILDING & SAFETY DEPARTMENT � ' CS�
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STAFF REPORT � (S,�
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TO: Honorable Mayor and City Council J� �
�
REQUEST: AN ORDINANCE OF THE CITY OF PALM DE ER , r`
CALIFORNIA, PROVIDING FOR THE IDENTIFICA 10 , �
DESIGNATION, PROTECTION, AND ENHANCEMENT OF T
CITY'S CULTURAL RESOURCES.
SUBMITTED BY: Russell A. Grance, Director of Building and Safety p � � o
p
DATE: March 13 2008 � "' � �
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ATTACHMENTS: Cultural Resources Ordinance, Transcripts of Minutes of Historic � N � a
Preservation Committee Meeting of February 15, 2008. rt � °, a
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Recommendation: � �,�
That the City Council consider and give direction regarding a Cultural Resources w o �
O r d i n a n c e p r o p o s e d b y t h e H i s t o r i c P r e s e r v a t i o n C o m m i t t e e. �, � a
o �a o
Background: � N n
� �' �
In 1984, City of Palm Desert Ordinance No. 401 was originally created and � R
adopted as Chapter 29 of the Palm Desert Municipal Code. On September 23, H " �
2004, the Historic Preservation Committee (Committee) was formed. This � o �
Committee has worked together to enforce the contents of the existing 'Q� � �
ordinance. However, there are many areas of the current ordinance that need to � rt °
be revisited due to vague language and inconsistencies. This could create � ; �
substantial hardship on property owners, which could result in legal and N' � �
enforcement issues of the ordinance. On several occasions the City Attorney � �, p
was consulted for clarification of the ordinance and its language. y H G
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G:\BuildingSfty\SuzanneCicchini\WordFiles\StaffReports\StaffReport031308.doc �
Staff Report
March 13, 2008
Page two
On January 19, 2006, in a study session held with the Historic Preservation
Committee members and the members of the City Council, it was decided that a
consultant should be hired to work together with City staff and the Committee to
make the appropriate modifications to the existing ordinance.
LSA (the consultant), and the Committee have developed a new ordinance to
promote the public health, safety, and general welfare by providing for the
identification, designation, protection, enhancement, perpetuation and use of
cultural resources that reflect themes important in the City's history.
The new ordinance contains substantial enhancements and requirements above
those of the current ordinance including:
• The existing Committee be elevated to that of a Commission;
• Duties and authority of the Commission have been expanded;
• Provisions for the City to establish a Mills Act program (benefit to owner to
receive reduction in property taxes with compliance with local program to
preserve and maintain cultural resources on designated (listed) properties)
• Certified Local Government status requiring that the City demonstrate the
ability to enforce National, State and local preservation laws.
Discussion:
The ordinance developed by LSA and the Committee provides for the tools necessary
for the City of Palm Desert to gain status as a "Certified Local Government" (CLG)
whose local historic preservation program has been certified pursuant to Section 101 (c)
of the NHPA. Any local government is eligible to apply for certification. Once certified, a
local government must be included in the process of nominating properties to the
National Register of Historic Places and will be eligible to apply to the state for a share
of the state's annual Historic Preservation Fund (HPF) allocation. In order to enforce the
Cultural Resources Ordinance submitted to you for consideration, the Committee is
requesting additional City staff be assigned to the Committee on a more full time basis.
Staff feels that, in order to fully comply with the ordinance, additional staff would need to
be added in order to enforce, gain and maintain the CLG status to be able to receive the
benefits for owners of any designated (listed) properties.
G:�Bu ildingSfty\Suzan neCicchin i\Word Files\StaffReports\StaffReport031308.doc
Staff Report
March 13, 2008
Page three
Additionally, in order to carry out a local program to implement Mills Acts, a formal
agreement, generally known as a Mills Act or Historical Property Contract, is executed
between the local government and the property owner for a minimum ten-year term.
Contracts are automatically renewed each year and are transferred to new owners
when the property is sold. Property owners agree to restore, maintain, and protect the
property in accordance with specific historic preservation standards and conditions
identified in the contract. This program would also require additional City staff to perform
periodic inspections to ensure proper maintenance of the property.
Fiscal Impact:
Adoption of this Cultural Resources Ordinance will have the following fiscal impacts:
• One new full time employee (FTE) Historic Preservation Officer (HPO)
o Annual salary plus benefits - $115,000
o Office furniture, computer, etc... $15,000 (One time cost)
• One new part time employee (PTE) Clerical support for HPO
o Annual salary (estimate based on hours worked) - $42,000
o Office furniture, computer, etc... $8,000 (One time cost)
Total approximate start cost would be $180,000. The annual reoccurring cost would be
the annual salaries, benefits and cost of living increases.
Submitted By: Revi d and co r:
�
Russell A. Grance Homer Croy
Director of Building & Safety Assistant C� anager
Developm Services
Approval:
Carlos L. O ga
City Manager
G:�Bu ildingSfty\SuzanneCicchini\WordFiles\StaffReports\StaffReport031308.doc
HPC/LSA - 10/11/06
Title 29
CULTURAL RESOURCES
Chapters:
29.10 PURPOSE
29.20 DEFINITIONS
29.30 CULTURAL RESOURCES PRESERVATION COMMISSION
29.40 LANDMARKS
29.50 HISTORIC DISTRICTS
29.60 CERTIFICATE OF APPROPRIATENESS PROCESS
29.70 PRESERVATION INCENTIVES
29.80 ENFORCEMENT AND PENALTIES
29.90 SEVERABILITY
Chapter 29.10
PURPOSE
29.10 Purpose.
The purpose of this chapter is to promote the public health, safety, and general welfare by
providing for the identification, designation, protection, enhancement, perpetuation and use of
cultural resources that reflect themes important in the city's history and to:
A. Foster civic and neighborhood pride and a sense of identity;
B. Safeguard and enhance the City's cultural, historic and architectural heritage;
C. Encourage and promote public knowledge, understanding and appreciation of the City's
past and unique sense of place;
D. Promote private and public stewardship and use of cultural resources for the education,
enrichment and general welfare of the people;
E. Protect and enhance the city's attractions to residents, tourists and others, thereby
stimulating business and industry;
F. Stabilize and enhance property values and increase the economic benefits of cultural
resources preservation to the city and its residents;
G. Promote public awareness of the value of rehabilitation, adaptive reuse, restoration, and
maintenance of cultural resources as a means to conserve reusable material and energy
resources;
H. Identify and resolve conflicts between the preservation of cultural resources and alternative
land uses;
I. Encourage new development that will be aesthetically compatible with cultural resources;
and
J. Implement the cultural resources goals and policies of the General Plan.
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HPCiLSA- 10111/Ob
Chapter 29.20
DEFINITIONS
29.20 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
"Administrator" means the Cultural Resources Administrator who is the person selected by
the Palm Desert City Manager or his or her designee to administer the requirements of Title 29
of the Palm Desert Municipal Code, Cultural Resources program, provide professional support
to the Commission, and manage the Certificate of Appropriateness and the Administrative
Certificate of Appropriateness processes.
"Alteration" means any change or modification, through public or private action, to the
character-defining or significant physical features of cultural resources affected by this title. In
the case of cultural resources that are buildings or structures, "alteration" shall include
changes to the exterior unless otherwise designated per the designating resolution or per the
requirements of the Secretary of Interior's Standards for the Treatment of Historic Properties.
Such changes may include changes to, or modifications of, structural or architectural details or
visual characteristics; grading; surface paving; the addition of new structures; the cutting or
removal of designated trees, landscapes, or other natural features; the disturbance of
archaeological sites or artifacts; or the placement or removal of any significant objects such as
signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, or landscape
accessories affecting the significant visual, historic, and/or prehistoric qualities of the cultural
resource.
"Archaeology" means the study of humanity's past, primarily through the study of the material
(physical) remains of past human activity.
"California Environmental Quality Act (CEQA)" means the statutory requirements contained
in Division 13, commencing with Section 21000 of the California Public Resources Code and
the state environmental guidelines adopted by the Secretary of Resources and incorporated
into the California Code of Regulations, Title 14, Section 15000 et seq. CEQA requires state
and local agencies to identify the significant environmental impacts of various projects as
defined by CEQA, and to avoid or mitigate those impacts, if feasible. Under CEQA, impacts to
cultural resources are considered environmental impacts.
"California Register of Historical Resources" is a listing of archaeological and historic
resources that meet the criteria for designation in the Register and have been so designated.
The program is administered by the State Office of Historic Preservation.
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HPC/LSA- 10/11/06
"Certificate of Appropriateness" means a certificate issued by the Administrator or
Commission approving plans, specifications, and/or statements of work, involving any
proposed alteration, restoration, rehabilitation, construction, removal, demotion, or relocation,
in whole or in part, of or to:
A. any cultural resource listed in the Register; or
B. demolition or relocation of any cultural resource that:
1. is 40 years of age or older and not listed in the Inventory; or
2. is a visually prominent feature in the community; or
3. was designed by an architect of note.
"Certified Local Government (CLG)" means a local government certified under federal law
by the California State Office of Historic Preservation for the purpose of more direct
participation in Federal and State historic preservation programs. Local governments become
certified by demonstrating their ability to enforce National, State, and local preservation laws
and to provide for adequate public participation in the programs resulting from these laws. In
addition, a CLG must have a qualified historic preservation review commission and must have
completed or be in the process of completing a comprehensive historic inventory. If
certification is granted, CLGs are eligible for special federal matching grants. Certification is a
way of ensuring that the historic preservation program in Palm Desert meets all Federal
standards.
"Certified survey" means a survey that the Administrator or Commission has reviewed and
concurred with and has thereby certified. Resources with certified survey findings shall be
included in the Inventory. Certified surveys shall be submitted to the Eastern Information
Center (EIC). The Administrator or Commission may decide not to certify surveys that are not
completed by a qualified professional, do not utilize the required State Department of Parks
and Recreation (DPR) forms, are not based on the appropriate local, State, or Federal criteria,
or are more than five years old. If the Administrator or Commission does not concur with the
survey findings, the survey shall not be certified, the resources identified in the survey shall not
be included in the Inventory, and the survey shall not be submitted to the EIC.
"Character defining features" means the following natural or manmade elements of a
cultural resource or historic district: design and general arrangement or components of an
improvement(s), including but not limited to, site placement, height, scale, and setback; the
kind, color, and texture of the building materials; street design, including street lights, parkway
landscaping, and sidewalks; and the type and style of all windows, doors, lights, signs, and
other fixtures appurtenant to such improvement(s). Character defining features of cultural
resources that are buildings or structures will generally be those associated with the exterior of
such resources. Character defining features of a historic district will typically be listed as
contributing cultural resources.
"Commission " means the Cultural Resources Preservation Commission.
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HPC/LSA - 10l11J06
"Contributing cultural resource to a historic district" means a building, site, structure,
place, improvement, street, streetlight, curb, sidewalk, street tree, parkway landscaping, street
furniture, sign, work of art, natural feature, significant tree, or object that dates to the period of
significance, retains integrity, and adds to the historic architectural qualities, historic
associations, or archaeological values for which the district is significant.
"Cultural resource" means a building, site, structure, place, improvement, street, streetlight,
curb, sidewalk, City-owned tree, parkway landscaping, street furniture, sign, work of art,
natural feature, or object, which may be of historic or archaeological significance.
"Design guidelines" means the principles contained in a document approved by the
Commission, which illustrate appropriate and inappropriate methods of preservation,
rehabilitation, restoration, alteration, and new construction. The purpose of using design
guidelines is to promote appropriate design and decision-making and to ensure the
preservation of the integrity and character defining features of cultural resources and historic
districts. The Secretary of the Interior's Standards for the Treatment of Historic Properties shall
serve as design guidelines where there exist no other duly established design guidelines.
"Designated cultural resource" means any cultural resource that has been designated as a
landmark or any collection of cultural resources that have been designated as a historic district
pursuant to this Title or are listed in the National Register of Historic Places or the California
Register of Historical Resources or is a California Historical Landmark, a California Point of
Historical Interest, or a Riverside County Historical Landmark.
"Determined eligible" means any cultural resource which, in the past five years, has been
surveyed and recorded on the approved State Department of Parks and Recreation (DPR)
survey forms and has been determined eligible for designation at the local, Regional, State, or
Federal level and certified as such by the Administrator, Commission, or the California State
Historic Preservation Officer.
"Good repair" means that level of maintenance and repair, which clearly furthers the
continued availability of a cultural resource for lawful reasonable uses and prevents
deterioration, dilapidation and decay of such resource.
"Historical Building Code" means that certain building code contained in the California Code
of Regulations, Title 24, Part 8, adopted as part of the California Building Code.
"Historic district" may be a geographic or thematic district. A geographic district means any
geographic area that possesses a concentration, linkage, or continuity of historic or cultural
resources of which fifty percent or more of the total retain integrity and which have been
designated as a historic district by the Commission or City Council or is listed in a County,
State, or Federal register. A thematic district means a group of cultural resources that are not
geographically linked, but share a common association with a broad unifying theme, trend, or
pattern or that share an architectural sryle or building type and have been designated as a
historic district by the Commission or City Council or is listed in a county, state, or federal
register.
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HPC/LSA - 10/11/06
"Improvement" means any building, structure, place, wall, fence, gate, landscaping, tree,
work of art, or other object constituting a physical feature of real property or any part of such
feature, which is not a natural feature.
"In kind" means the replacement of deteriorated features with new features that match the
material, composition, design, color, texture, and other visual qualities of the original feature.
"Integrity" means the ability of a cultural resource to convey its significance. To retain
integrity a cultural resource must retain most of the aspects that closely relate to the resource's
significance, including location, design, setting, materials, workmanship, feeling, and
association.
"Inventory" means the Palm Desert Inventory, which is a list established and maintained by
the City that includes all of the cultural resources in the City that have been surveyed, including
resources that are listed in the Palm Desert Register, National Register of Historic Places or
the California Register of Historical Resources or are California Historical Landmarks,
California Points of Historical Interest, or Riverside County Historical Landmarks.
"Landmark" means any cultural resource representative of the historical, archaeological,
cultural, architectural, community, aesthetic or artistic heritage of the City that is designated
pursuant to this Title or is a designated National Historic Landmark, California Historical
Landmark or Riverside County Historical Landmark.
"Moratorium" means a suspension of an ongoing or planned development activity.
"National Register of Historic Places" means the Nation's official list of cultural resources
that meet the criteria for designation in the National Register and have been so designated.
The National Register is administered by the National Park Service, which is part of the U.S.
Department of the Interior.
"Natural feature" means any tree, plant life, habitat, geographical or geological site or feature.
"Noncontributing feature to a historic district" means a feature, such as a building,
structure, sign, site, tree, landscape, or other object that does not add to the historic
architectural qualities, historic associations, or archaeological features for which a historic
district is significant because the feature was not present during the district's period of historic
significance or no longer possesses integrity.
"Object" means any material thing of functional, aesthetic, cultural, symbolic, or scientific
value.
"Period of significance" means a chronological period of time that relates to the themes
represented in the historic conte�.
"Preservation" means the identification, study, protection, restoration, rehabilitation, and/or
acquisition of cultural resources.
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HPC/LSA - 10/11/06
"Register" means the Palm Desert Register, which is a list established and maintained by the
City that includes all of the cultural resources in the City that have been registered eligible or
designated as landmarks, designated as contributors or non-contributors to historic districts, or
are listed in the National Register of Historic Places or the California Register of Historical
Resources or are California Historical Landmarks, California Points of Historical Interest, or
Riverside County Historical Landmarks.
"Registered eligible cultural resource" means a cultural resource that has been determined
eligible for designation by a certified survey and for which the property owner has given written
consent to be included in the Palm Desert Register.
"Substantial adverse change" means any demolition, destruction, relocation, or alteration
activities that would impair the significance of a cultural resource.
"Survey" means a systematic and standardized process for identifying and gathering data on
the community's cultural resources for the purpose of evaluating the resources per Local,
State, and/or Federal criteria. The survey should be completed by a professional meeting the
Secretary of the Interior's qualification standards and information gathered during the survey
must be recorded on the approved State Department of Parks and Recreation (DPR) survey
forms.
"The Secretary of Interior's Standards for the Treatment of Historic Properties" means
the guidelines prepared by the National Park Service for Preserving, Rehabilitating, Restoring,
and Reconstructing Historic Buildings and the standards for historic preservation projects
prepared by the National Park Service with the most current Guidelines for Applying the
Standards.
6
HPC/LSA - 10/11/Ob
Chapter 29.30
CULTURAL RESOURCES PRESERVATION COMMISSION
29.30.010 Created.
There is hereby created by the City of Palm Desert a Cultural Resources Preservation
Commission consisting of seven members who shall be appointed by the City Council.
29.30.020 Members.
All members of the Commission shall have a demonstrated interest in and knowledge of
historic preservation and the cultural resources of the City. No less than two members are
encouraged to be appointed from among professionals in the fields or disciplines of
architecture, history, architectural history, planning, pre-historic or historic archaeology,
folklore, cultural anthropology, curation, conservation, and landscape architecture, or related
disciplines, such as urban planning, American studies, American civilization, or cultural
geography to the extent that such professionals are available in the community. Residency
within the city limits of Palm Desert shall be a requirement for appointment to the Commission
except where the City Council deems it appropriate to appoint a nonresident.
29.30.030 Term of Office.
The term of office for each member is four years and shall otherwise be subject to the terms of
appointment pursuant to Section 2.34.010(A). The original appointment of the members,
determined by lot, shall be as follows: two (2) for two years, two (2) for three years, and three
(3) for four years.
29.30.040 Meetings.
The Commission shall establish the time and place of its meetings provided the meetings are
held at least once a month when there is business to conduct.
29.30.050 Rules and regulations.
The Commission shall make and adopt rules and regulations for the conduct of its business.
The rules and regulations shall include a provision requiring the Commission to select a
chairperson and vice-chairperson from its membership during the first quarter of the calendar
year. The chairperson and vice-chairperson shall serve a term of one year or until a successor
is selected. A quorum shall be required for the Commission to hear, discuss, or deliberate on
any item within their subject matter jurisdiction. Four voting members shall constitute a
quorum. The Commission shall act by a majority vote of the quorum. The Commission shall be
subject to, and shall comply with, the requirements of the Brown Act.
29.30.060 Secretary.
The Director of Building and Safety and his or her staff shall serve as secretary and staff to the
Commission. The secretary shall keep minutes of each meeting, record the official actions
taken, and perform other duties as the Commission assigns.
29.30.070 Records.
The Commission shall keep a record of its resolutions, proceedings, and transactions and the
Building and Safety Department shall be the repository for all such records.
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HPC/LSA- 10/11/46
29.30.080 Powers and duties.
The powers and duties of the Commission are as follows:
A. Conduct or cause to be conducted a comprehensive survey to identify cultural resources.
Publish and periodically update the survey results;
B. Certify survey findings at an agendized public meeting or authorize the Administrator to
certify survey findings administratively;
C. Compile, maintain and publish an up-to-date inventory of all cultural resources with certified
survey findings;
D. Compile, maintain and publish a Register to include designated and register eligible cultural
resources;
E. Adopt and make available designation applications and review procedures by which
cultural resources may be designated as landmarks or historic districts;
F. Recommend to the City Council the inclusion or deletion of landmarks and historic districts
in the Register pursuant to the regulations of this title;
G. Encourage and foster public participation in the cultural resources survey and designation
processes;
H. Seek means and resources to appropriately identify landmarks and historic districts with
permanent plaques and signs;
I. Initiate and prepare nominations of eligible City-owned cultural resources to Local, State
and National registers;
J. Approve, conditionally approve, or deny Certificate of Appropriateness applications that are
not administrative pursuant to Chapter 29.60;
K. Adopt standards including design guidelines to be used by the Commission and the
Administrator in reviewing Certificate of Appropriateness applications;
L. Encourage cooperation between public and private cultural resources preservation
organizations and groups including the Historical Society of Palm Desert, the Eastern
Information Center at the University of California, Riverside, and other organizations in
Coachella Valley communities;
M. Make recommendations to the City Council regarding the adoption of cultural resources
preservation incentives including, but not be limited to economic and tax incentives,
conservation easements, preservation easements, acquisition or sale of property,
development rights, fee adjustments and land use, zoning, development restrictions;
N. Review and make recommendations to City Council on applications to participate in local
cultural resources preservation incentives programs established to effectuate the purposes
of this title;
O. Seek out information and advise City Council on the use of various Local, State, Federal or
private sources and mechanisms available to promote cultural resources preservation;
P. As part of the City's CEQA review procedures, identify and advise appropriate City
departments and governmental entities of known cultural resources; assess and advise the
City Council whether any proposed project would have an adverse effect on the
significance of such cultural resources; and recommend to the City Council appropriate
action in compliance with the city's adopted CEQA procedures;
Q. Evaluate and comment on proposals and environmental reviews that affect cultural
resources in the City and are pending before public agencies other than the City of Palm
Desert;
R. Prepare and adopt plans including design guidelines for the preservation of cultural
resources;
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HPC/LSA- 10/11/06
S. Review and make recommendations on zoning and general plan amendments for the
purpose of preserving cultural resources;
T. Develop and conduct public information, educational and interpretive programs pertaining
to cultural resources preservation and provide for public participation in all aspects of the
City's cultural resources preservation program;
U. Assume whatever responsibilities and duties may be assigned to the Commission by the
City Council under the certified local government provisions of the National Historic
Preservation Act of 1966 as amended; including but not limited to, the enforcement of the
National Environmental Protection Act (NEPA) and CEQA with regard to cultural resources;
V. Ensure that cultural resources preservation is coordinated with other City departments and
agencies;
W. Make recommendations to the City Council for enforcement and penalties concerning
matters covered in this title;
X. Perform any other functions that may be designated by resolution or motion of the City
Council.
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HPC/LSA- 10/11/06
Chapter 29.40
LANDMARKS
29.40.010 Landmark designation criteria.
A cultural resource may be designated as a landmark by the City Council if, after completion of
a certified survey and upon the recommendation of the Commission, it is determined that it
retains integrity as defined in Chapter 29.20 and at a Local, State, Regional, or National level:
A. Is associated with an event or events that have made a significant contribution to broad
patterns of history; or
B. Is associated with the lives of persons significant in the past; or
C. Embodies distinctive characteristics, or is one of the few remaining examples of a style,
type, period or method of construction or possesses high artistic value; or
D. Represents the work of a notable builder, designer or architect; or
E. Is an archaeological, paleontological, botanical, geological, topographical, ecological, or
geographical resource that has yielded or has the potential to yield important information in
history or prehistory; or
F. Reflects distinctive examples of community planning or significant development patterns,
including those associated with different eras of settlement and growth, agriculture, or
transportation.
29.40.020 Reqistered eliqible cultural resources.
Based on a certified survey and using the criteria listed in Section 29.40.010, the Administrator
or Commission, with the property owner's consent, may at any time place a cultural resource
that has been determined eligible for designation as a landmark on the Register. Register
eligible cultural resources shall be subject to all applicable requirements of this title and the
property owner shall be so notified by mail. A cultural resource determined eligible for
designation as a landmark that does not receive written consent from the property owner to be
placed on the Register, shall be placed on the Inventory and shall not be subject to the
requirements of this title. All cultural resources listed in the Register, as well as those
determined eligible for designation and listed in the Inventory are subject to the requirements
of CEQA.
29.40.030 Landmark designation initiation.
The designation of a landmark may be initiated by any person, organization or entity, but may
only be acted upon with written consent of the property owner. If property owner consent is not
obtained, the application shall be deemed incomplete and will not be processed. Application
shall be made upon such forms and accompanied by such data and information as may be
required for that purpose by the Commission to assure the fullest practical presentation of the
facts for proper consideration of the request. The survey certification and landmark designation
processes may be completed concurrently.
29.40.040 Landmark designation hearing date.
Upon the filing of a complete application, the matter shall be set for public hearing before the
Commission. The date of such hearing shall be not more than sixty (60) days from the date of
filing of the complete application. Time periods shall be extended when necessary to comply
with the provisions of the California Environmental Quality Act (CEQA).
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. HPC/LSA - 10/11/06
29.40.050 Landmark designation investigation.
To provide the necessary information to assure Commission action consistent with the intent
and purpose of this title, an investigation of the facts bearing on a landmark application set for
hearing shall be made by the Building and Safety Department and/or members of the
Commission.
29.40.060 Landmark designation hearing notice.
At least ten (10) days prior to the hearing before the Commission, notice of the date, time,
place and purpose of the hearing shall be given by:
A. publishing at least one notice in a newspaper with general circulation in the City; and;
B. mailing the same or similar notice to:
1. the applicant and owner(s) of the subject property; and
2. property owners within a 300-foot radius of the subject property.
The last known name and address of each owner as shown on the records of the County
Assessor may be used for this notification. Failure to send any notice by mail to any property
owner where the address of such owner is not a matter of public record or the non-receipt of
any notice mailed pursuant to this section shall not invalidate any proceedings in connection
with the proposed designation.
29.40.070 Landmark designation hearing.
A public hearing shall be conducted before the Commission at the time and place indicated in
the required notices. The Commission may continue such hearing to a specific time and place
when such action is deemed necessary or desirable.
29.40.080 Landmark designation process.
The Commission may recommend to the City Council approval or denial of the designation of a
landmark based on the criteria set forth in Section 29.40.010 of this title and the facts
presented in connection with the application. The City Council shall review the matter at a
public hearing. If the City Council approves the Commission recommendation for designation,
it shall find that the purpose of this title is maintained by such designation. The provisions of
this title regulating landmarks shall be effective from the date of the initial recommendation by
the Commission on the landmark application and shall become final only after City Council
action.
29.40.090 Landmark designation resolution.
A landmark shall be designated by a numbered resolution passed by the City Council, which
provides facts and findings based on the criteria for designation as set forth in this chapter.
The City Council shall adopt the resolution.
29.40.100 Listing of landmark designation.
The Inventory and the Register shall be updated by the Building and Safety Department-to
include the property as a designated landmark. Whenever any project to be carried out by the
City may have an impact on a designated landmark, reasonable notice shall be given to the
Commission by the City department or division responsible for the project, so that the
Commission may review and make recommendations concerning the project early in the
decision making process in accordance with the provisions of this title.
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HPC/LSA- 10/11/06
29.40.110 Notice of landmark designation.
The property owner(s) shall receive a copy of the resolution establishing the landmark
designation and a letter explaining the designation and stating that the landmark is now subject
to all applicable requirements of this title. The City Clerk shall record all designating resolutions
in the office of the Riverside County Recorder. In addition, a Covenant and Agreement shall be
recorded with the Riverside County Recorder that states that the property is a designated
landmark and is subject to all applicable provisions of Title 29.
29.40.120 Landmark plaque
The City shall provide a plaque to the property owner(s) that describes the significance of the
designated landmark. A Covenant and Agreement shall be signed by the City and the property
owner to ensure that the plaque will be prominently displayed in perpetuity at the site of the
landmark or returned to the Building and Safety Department if the landmark designation is
repealed. This document shall be recorded in the office of the Riverside County Recorder.
29.40.130 Repeal.
The repeal of a determination of eligibility or designation may be initiated by any person,
organization or entity. If the cultural resource no longer meets the designation criteria the City
Council with the recommendation of the Commission shall consider a repeal of a previously
approved determination of eligibility or landmark designation in the same manner provided by
this chapter for the determination or designation, except that consent of the property owner is
not required. If the determination of eligibility or the landmark designation is repealed, the
Inventory and the Register shall be updated accordingly and the landmark plaque shall be
returned to the Building and Safety Department.
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Chapter 29.50
HISTORIC DISTRICTS
29.50.010 Historic district designation criteria.
A historic district, either geographic or thematic, as defined in Chapter 29.20 may be
designated as such by the City Council upon the recommendation of the Commission if, after
completion of a survey, it is determined that the district represents a significant and
distinguishable entity that at the Local, State, Regional, or National level:
A. Exemplifies or reflects special elements of cultural, social, economic, political, aesthetic,
engineering, architectural, or natural history; or
B. Is identified with persons or events significant in history; or
C. Embodies distinctive characteristics of a style, type, period, or method of construction, or is
a valuable example of the use of indigenous materials or craftsmanship; or
D. Represents the work of notable builders, designers, or architects; or
E. Reflects distinctive examples community planning or significant development patterns,
including those associated with different eras of settlement and growth, agricultural, or
transportation; or
F. Conveys a sense of historic and architectural cohesiveness through its design, setting,
materials, workmanship or associations; or
G. Is an archaeological, paleontological, botanical, geological, topographical, ecological, or
geographical resource that has yielded or has the potential to yield important information in
history or prehistory.
29.50.020 Historic district designation initiation.
The designation of a historic district may be initiated by any person, organization or entity.
Application shall be made upon such forms and accompanied by such data and information as
may be required for that purpose by the Commission to assure the fullest practical
presentation of the facts for proper consideration of the request. The process outlined in
Section 29.50.030, shall be completed prior to formal initiation of the designation process.
29.50.030 Public participation in the designation of historic districts.
Any person, organization, or entity may request that a geographic area or thematic grouping of
cultural resources be evaluated for designation as a historic district. However, prior to initiation
of the formal designation process, a survey as defined in Chapter 29.20 must be completed
and certified and the following efforts to encourage public participation must be undertaken.
A. Upon completion of a survey:
1. a subcommittee of the Commission shall be established to review the survey findings
and work with staff and the public during the designation process; and
2. a notice shall be mailed to all property owners and residents within the preliminary
district boundaries:
a. advising that the City is considering designating a historic district;
b. briefly explaining the designation process and stating that properties within a
designated district will be subject to all applicable regulations within this title; and
c. inviting the public to a workshop at a specific date, time, and location.
B. The Commission subcommittee with staff from the Building and Safety Department shall
present at least one public workshop, which shall include the following:
1. an explanation of the designation process;
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HPC/LSA- 10/1110b
2. a description of the benefits to and obligations of residents and owners of property
within the proposed district;
3. an explanation of any regulations, especially maintenance and design guidelines, to be
adopted in conjunction with the designation; and
4. a request for volunteers to participate on a citizen's advisory committee that will assist
with issues such as district boundaries, design guidelines, and district signage.
C. The Commission's subcommittee and staff shall meet with the citizen's advisory committee
at least once to receive their input regarding the aforementioned issues and any others that
may be appropriate for discussion. A public notice and agenda may be required for this
meeting per the Brown Act (California Government Code, Section 54952(b)).
D. Prior to initiating the formal designation process, the Commission's subcommittee and staff
may hold another public workshop. All residents and owners of property within the
proposed district boundaries shall be notified by regular mail of each workshop.
E. When these procedures have been completed, the survey certification and historic district
designation processes shall be initiated. These processes may be completed concurrently.
29.50.040 Historic district designation hearing date.
The matter shall be set for public hearing before the Commission at a date not more than sixty
(60) days from the filing of a complete application and the completion of the process outlined in
Section 29.50.030. Time periods shall be extended when necessary to comply with the
provisions of the California Environmental Quality Act (CEQA).
29.50.050 Historic district designation investigation.
To provide the necessary information to assure Commission action consistent with the intent
and purpose of this title, an investigation of the facts bearing on a historic district application
set for hearing shall be made by the Building and Safety Department and/or members of the
Commission.
29.50.060 Historic district designation hearing notice.
At least ten (10) days prior to the hearing before the Commission, notice of the date, time,
place and purpose of the hearing shall be given by:
A. publishing at least one notice in a newspaper with general circulation in the City; and
B. by mailing the same or similar notice to the applicant(s), owners, and residents of all the
properties being considered for inclusion in a historic district.
The last known name and address of each owner as shown on the records of the County
Assessor may be used for this notification. Failure to send any notice by mail to any property
owner where the address of such owner is not a matter of public record or the non-receipt of
any notice mailed pursuant to this section shall not invalidate any proceedings in connection
with the proposed designation.
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HPC/LSA - 10/11/06
29.50.070 Historic district designation hearing.
A public hearing shall be conducted before the Commission at the time and place indicated in
the notices. The Commission may continue such hearing to a specific time and place when
such action is deemed necessary or desirable.
29.50.080 Historic district designation process.
The City Council upon the recommendation of the Commission may approve or deny the
historic district designation, in whole or in part based on the criteria set forth in Section
29.50.010 of this title and the facts presented in connection with the application. The City
Council shall review the matter at a public hearing. The provisions of this title regulating
historic districts shall be effective from the date of the initial recommendation on the historic
district application and shall become final only after City Council action.
29.50.90 Historic district designation resolution.
A historic district shall be designated by a resolution passed by the City Council, which
provides facts and findings based on the criteria for designation as set forth in this chapter.
The City Council shall adopt the resolution.
29.50.100 Historic district overlay zone.
Concurrent with the application for district designation or upon adoption of the historic district
resolution by the City Council, the Planning Department shall initiate a rezoning case to apply
the HD-Historic District overlay zone to the properties within the district. This process shall
follow the requirements outlined in Title 25 of the City of Palm Desert Municipal Code.
29.50.110 Notice of historic district designation.
The Building and Safety Department will update the Inventory and the Register to include the
district and all contributing cultural resources and non-contributing features to the district. The
City's zoning map shall be updated to show the HD-Historic District overlay zone on all
properties within the district. Whenever a project is to be carried out by the City in a designated
historic district, a description of the proposed project shall be given to the Administrator by the
City department or division responsible for the project so that the Administrator and/or
Commission may review and make recommendations on the project early in the decision
making process in accordance with the provisions of this title.
29.50.120 Repeal.
The repeal or modification of a historic district designation may be initiated by any person,
organization or entity. The City Council with the recommendation of the Commission may
consider amendments to or the repeal of a historic district that has been designated in the
same manner provided by this chapter for the designation, with the exception of Section
29.50.030.
A. The designation may be repealed if the majority of cultural resources no longer meets the
designation criteria.
B. The district may be amended to:
1. Include additional cultural resources that meet the designation criteria and have been
determined to contribute to the district and, when appropriate, the district boundaries
may be amended to reflect this; or
2. Eliminate individual cultural resources within the district that no longer meet the
designation criteria due to alterations or other conditions resulting in a loss of integrity.
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HPC/LSA- 10/11J06
Those resources may be determined not to contribute to the district and, when
appropriate, the district boundaries may be amended to reflect this.
In the event that the designation is repealed or the district is amended, the Inventory, Register,
and zoning map shall be updated accordingly. In addition, the Planning Department shall
initiate a rezoning case to remove the HD-Historic District overlay zoning from any properties
that are removed from a historic district.
Chapter 29.60
CERTIFICATE OF APPROPRIATENESS PROCESS
29.60.010 Certificate of appropriateness required.
A. A Certificate of Appropriateness or an Administrative Certificate of Appropriateness must
be issued by the Commission, or the Administrator, respectively, or by the City Council on
appeal, before any person, organization, or entity:
1. restores, rehabilitates, remodels, alters, constructs, relocates, demolishes, or changes
the appearance of any cultural resource listed in the Register; or
2. demolishes or relocates any cultural resource that:
a. is 40 years of age or older and not listed in the Inventory; or
b. is a visually prominent feature in the community; or
c. was designed by an architect of note.
B. Nothing in this chapter shall prevent ordinary maintenance or repair of any exterior
architectural feature of a cultural resource if the proposed work does not involve a change
in style, design, materials or external appearance and a permit is not required under
Section 301(b) of the California Building Code.
C. Nothing in this chapter shall prevent the construction, alteration, repair, restoration,
stabilization or demolition of a historic structure if the Director of Building and Safety has
determined the cultural resource creates an unsafe or dangerous condition that constitutes
an imminent threat as defined in the California Building Code, and the proposed action is
necessary to mitigate the unsafe or dangerous condition. In such event no Certificate of
Appropriateness shall be required. However, the Director of Building and Safety shall
make all reasonable efforts to determine if there are feasible alternatives to the proposed
action that will adequately protect the public health and safety.
D. The following types of projects shall be reviewed for an Administrative Certificate of
Appropriateness by the Administrator:
1. In-kind replacement of historically correct architectural features or building elements,
including windows, doors, exterior siding, porches, cornices, balustrades, stairs, and the
like, that are deteriorated, damaged beyond restoration, or were previously removed.
2. Replacement or repair of roof covering material provided that the re-roofing material has
a similar appearance to the original roofing material and the existing roofing material is
infeasible to repair.
3. One-story, residential room additions, excluding attached garages, that are no more
than 25% of the size of the existing main residence with limited or no visibility from
public rights-of-way.
4. Fences and walls.
5. Awnings and signs.
6. Removal or alteration of landscape features, such as walkways, planter walls, fountains,
and in certain circumstances mature foliage, that contribute to the historic character of
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the property, but are not designated or listed as a contributing feature to a historic
district.
7. Installation or removal of inechanical equipment, including but not limited to heating, air
conditioning and ventilation, water heaters, satellite dishes and electrical and plumbing
improvements which are not visible from the public right of way.
8. Installation of fire protection systems that are not visible from the public right of way.
9. Paving for driveways, walkways and/or patios, and the addition of or alterations to
driveway approaches.
10.Exterior painting. Surfaces allowed to be painted include only those that were originally
intended to be painted.
11.Exterior lighting.
12.Demolition or removal of non-contributing or inappropriate features of a cultural
resource, including additions, garages and accessory structures.
13.Demolition of a one-story, detached single-car garage and construction of a new one-
story, detached garage that is architecturally compatible with the existing residence and
does not exceed the square-footage of the original garage by more than 200%.
14.Any other project determined by the Administrator to be minor that does not materially
alter significant features of cultural resources or have an adverse affect on the
significance of cultural resources or historic districts.
E. All other projects shall be subject to review and action by the Commission.
F. The requirements of this Chapter are in addition to all other applicable City requirements.
29.60.020 Referral to the Commission
The Administrator may refer an Administrative Certificate of Appropriateness application to the
Commission when he or she believes the importance of the cultural resource or the
discrepancies between the proposal and the findings and standards of this Chapter justify
public review. Any such referral shall be made within ten (10) days of the acceptance of a
complete application by the Administrator and shall be placed on the next available
Commission agenda. Time periods shall be extended when necessary to comply with the
provisions of the California Environmental Quality Act (CEQA).
29.60.030 Application.
The Certificate of Appropriateness or Administrative Certificate of Appropriateness application
shall be made on such forms and accompanied by such data and information as may be
required for that purpose by the Administrator and/or Commission to assure the fullest practical
presentation of the facts for proper consideration of the request. Applications shall include:
A. Plans and specifications showing the design, materials, colors, landscaping, and other
details relating to the proposed project;
B. The relationship of the proposed project to the surrounding environs, where applicable;
C. The relationship of proposed new construction in a historic district to the existing scale,
massing, architectural style, site and streetscape, landscaping, and/or signage;
D. Current photographs of the property; and
E. Any other information determined to be necessary for review of the proposed project.
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29.60.040 Noticing and Hearing.
A. Administrative Certificate of Appropriateness.
1. No public noticing or hearing shall be required for applications for an Administrative
Certificate of Appropriateness.
B. Certificate of Appropriateness.
1. Hearing. Upon the filing of a complete application, the matter shall be set for public
hearing before the Commission. The date of such hearing shall be not more than sixty
(60) days from the date of filing the complete application.
2. Hearing Notice. At least ten (10) days prior to the hearing before the Commission,
notice of the date, time, place and purpose of the hearing shall be given by:
a. publishing at least one notice in a newspaper with general circulation in the City; and
b. mailing the same or similar notice to:
i. the project applicant and owner(s) of the subject property; and
ii. property owners within a 300-foot radius of the subject property. The last known
name and address of each owner as shown on the records of the County
Assessor may be used for this notification. Failure to send any notice by mail to
any property owner where the address of such owner is not a matter of public
record or the non-receipt of any notice mailed pursuant to this section shall not
invalidate any proceedings in connection with the proposed designation.
3. Compliance with CEQA. Time periods shall be extended when necessary to comply
with the provisions of the California Environmental Quality Act (CEQA).
29.60.050 Review of alterations.
Pursuant to this chapter, the Commission or Administrator may approve, conditionally
approval, or deny an application for a Certificate of Appropriateness or Administrative
Certificate of Appropriateness.
29.60.060 Procedures for designated cultural resources.
The Administrator or Commission shall review and act on projects affecting landmarks and
contributing and non-contributing features within a historic district.
29.60.070 Procedures for reqistered eliqible cultural resources.
Registered eligible cultural resources shall be subject to review by the Administrator or
Commission pursuant to this chapter.
29.60.080 Procedures for demolition or relocation.
Applications for demolition or relocation of cultural resources meeting the criteria listed in:
A. Section 29.60.010(A)(1) must complete the Certificate of Appropriateness process pursuant
to Chapter 29.60. The Commission may approve, conditionally approve, or deny the
application for demolition or relocation. The decision of the Commission may be appealed
to the City Council pursuant to the procedures outlined in Section 29.60.140.
B. Section 29.60.010(A)(2), shall be referred to the Administrator for a period not to exceed
forty-five (45) days, during which the necessary research will be completed to determine
whether or not the cultural resource is eligible for designation. This research may be
completed by either the Administrator or another qualified professional. If the cultural
resource is determined eligible for designation, the time limit shall be extended to allow for
completion of the Certificate of Appropriateness process, including review by the
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HPC/LSA- 10/11/06
Commission. The Commission may approve, conditionally approve, or delay the application
for demolition or relocation for up to sixty (60) calendar days. The decision of the
Commission may be appealed to the City Council pursuant to the procedures outlined in
Section 29.60.140.
29.60.090 Standards of design review.
The Commission or Administrator shall apply and consider the following when reviewing a
project pursuant to this chapter:
A. The Secretary of the Interior's Standards for the Treatment of Historic Properties
summarized as follows:
1. The anticipated use for the property remains that for which it was originally intended or
requires minimal alteration for the proposed reuse.
2. The distinguishing original qualities or character of a cultural resource or historic district
and its environment shall not be compromised. The removal or alteration of any historic
material or distinctive features should be avoided when possible.
3. i411 cultural resources shall be recognized as products of their own time. Alterations that
have no historical basis and which seek to recreate an earlier appearance shall be
discouraged.
4. Certain alterations which may have taken place in the course of time are potentially
significant to understanding the history and development of a cultural resource and its
environment. These historic alterations may have acquired significance in their own
right and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a
cultural resource shall be retained.
6. Deteriorated features shall be repaired rather than replaced, wherever possible. In the
event replacement is necessary, the new feature should match the feature being
replaced in material, composition, design, color, texture and other visual qualities.
Repair and replacement of missing features should be based on accurate duplications
of features, substantiated by historic, physical or pictorial evidence rather than on
conjectural designs or the availability of different elements from other sources.
7. Surface cleaning shall be undertaken with proven methods that will avoid damage to the
historic materials.
8. Contemporary design for alterations and additions shaH not be discouraged when such
alterations and additions do not compromise significant historical, architectural or
cultural material, and such design is compatible with the size, scale, color, material and
character of the cultural resource and its environs.
9. Whenever possible, new additions or alterations to the cultural resource shall be done in
such a manner that if such additions or alterations were to be removed in the future, the
essential form and integrity of the resource would be unimpaired.
10.Archaeological resources will be protected and preserved in place. If such resources will
be disturbed, mitigation measures will be undertaken.
11.Any other Secretary of the Interior's Standards for the Treatment of Historic Properties
may also be applied as appropriate.
B. Applicable design guidelines,
C. The goals and policies of this chapter; and
D. The goals and policies of the General Plan and any applicable specific or community plan.
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29.60.100 Decision and findings.
In determining whether to grant or deny a Certificate of Appropriateness or Administrative
Certificate of Appropriateness, the Commission or Administrator shall apply the following
standards as applicable:
A. The proposed project is compatible with the Secretary of the Interior's Standards for the
Treatment of Historic Properties;
B. The proposed project is consistent or compatible with the architectural style and the
character-defining elements of the cultural resource;
C. The proposed project does not destroy or adversely affect an important architectural,
historical, cultural or archaeological feature or features;
D. The colors, textures, materials, fenestration, decorative features, details, height, scale,
massing and methods of construction proposed are consistent with the period and style of
the cultural resource;
E. The proposed project is compatible with adjacent or nearby cultural resources and their
character-defining elements and will not adversely affect the character of a historic district;
�. The proposed project is not fully consistent with the Secretary of the Interior's Standards,
but is consistent with and supportive of identified goals and policies of the General Plan or
applicable community or specific plan(s) and the project is generally consistent with and
supportive of the goals and policies of this chapter; and
G. Other standards as adopted by the Commission or City Council.
29.60.110 Decision time limit.
The application shall be considered by the Commission within si�cty (60) calendar days for
Certificates of Appropriateness or by the Administrator within twenty-one (21) calendar days
for Administrative Certificates of Appropriateness. Such time periods shall be calculated from
the date on which a complete application is accepted by the Administrator. However, such time
periods shall be extended when necessary to comply with the provisions of the California
Environmental Quality Act (CEQA). A public hearing shall be scheduled and notice provided
per this Chapter and CEQA, when applicable.
29.60.120 Compliance with California Environmental Quality Act.
In conjunction with any public hearing or discretionary action required pursuant to this chapter,
the Administrator, Commission, and/or City Council shall require an environmental review of
the requested action in accordance with the California Environmental Quality Act (CEQA).
Depending on the nature and scope of the requested action, a negative declaration, mitigated
negative declaration, or environmental impact report may need to be prepared. Such
environmental documents shall be prepared based on CEQA, the state CEQA guidelines, and
the City of Palm Desert local CEQA guidelines.
29.60.130 City projects
The provisions of this chapter shall apply to projects affecting City-owned cultural resources
listed in the Register. When acting on City projects the City Council or other City decision
making body, entity or person shall apply the same standards, and make the same findings
required by this chapter for private projects.
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29.60.140 Appeals.
A. Finality of Administrator or Commission decision.
Any decision or order of the Administrator or Commission under this chapter shall become
final if no appeal is submitted within the applicable time limits in this chapter.
B. Appeal of Administrator actions.
Any person aggrieved or affected by a decision of the Administrator may appeal to the
Commission at any time within fifteen (15) calendar days after the date on which the
Administrator announces his or her decision. An appeal shall be taken by filing a letter of
appeal with the Commission secretary and paying an appeal fee as established by the City
Council. Such letter of appeal shall set forth the grounds upon which the appeal is based.
Notice of the hearing before the Commission shall be given in the same manner and time
as is required in Section 29.60.040(B)(2) and written notice shall be given to the
appellant(s).
C. Appeal of Commission actions.
Any person aggrieved or affected by a decision of the Commission, including any decision
on appeal of a decision of the Administrator, may appeal to the City Council at any time
within fifteen (15) calendar days after the date the Commission announces its decision. An
appeal shall be taken by filing a letter of appeal with the Commission secretary and paying
an appeal fee as established by the City Council. Such letter of appeal shall set forth the
grounds upon which the appeal is based. Within ten (10) days after the receipt of the letter
of appeal, the Commission secretary shall transmit to the City Clerk the letter of appeal,
copies of the application and all other papers constituting the record upon which the action
of the City Council was taken. Notice of the hearing before the City Council shall be given
in the manner specified in Section 29.60.040(B)(2) and written notice shall be given to the
appellant(s).
D. Actions by the City Council.
The City Council may affirm, reverse or modify the decision of the Administrator or
Commission. Such action by the City Council shall be final.
29.60.150 Permit required.
A. No City permit shall be issued for any purpose regulated by this Chapter unless and until
the proposed work has been approved or granted conditional approval by the
Administrator, Commission or by the City Council on appeal, and then shall be issued oniy
in conformity with such approval or conditional approval.
B. No permit to demolish a cultural resource shall be issued without the issuance of a building
permit for a replacement structure or project for the subject property, unless the
Administrator or Commission determines otherwise or the demolition permit is issued
pursuant to Section 29.60.010(C).
29.60.160 Expiration of approval.
A Certificate of Appropriateness or an Administrative Certificate of Appropriateness shall lapse
and become void twelve (12) months (or other period if specified as a condition of approval)
from the date of final approval, unless a building permit (if required} has been issued and the
work authorized by the Certificate has commenced prior to such expiration date and is
diligently pursued to completion. Upon request by the property owner, a Certificate of
Appropriateness or an Administrative Certificate of Appropriateness may be extended by the
Administrator for an additional period of up to twenty-four (24) months as long as the approved
plans have not been modified. The Administrator may approve, conditionally approve, or deny
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HPC/LSA - 14l11/06
any request for a time extension or may refer the request to the Commission, which may
approve, conditionally approve, or deny any request for a time extension.
29.60.170 Duty to keep in good repair
Every person in possession or control and every owner of a cultural resource and any
appurtenant premises shall maintain and keep in good repair, as defined in Chapter 29.20, the
exterior of such designated resources, and all of the interior portions thereof when subject to
control as specified in the designating resolution, and all interior portions thereof whose
maintenance is necessary to prevent deterioration or decay of any exterior architectural
feature. This section shall be enforced by the Building and Safety Director or his designee to
the full extent permissible by law.
29.60.180 Application of the State Historical Building Code.
Pursuant to the State of California Health and Safety Code the Director of Building and Safety
shall apply the State Historical Building Code in permitting repairs, alterations and additions
necessary for the preservation, restoration, rehabilitation, moving, or continued use of a
designated cultural resource. �
Chapter 29.70
PRESERVATION INCENTIVES
29.70.010 Preservation incentives.
The City Council may by resolution establish preservation incentives to encourage owners to
designate, maintain, preserve, rehabilitate, and improve cultural resources. Preservation
incentives shall be made available to owners of designated cultural resources as defined in
Chapter 29.20 of this Title.
29.70.020 California State Historical Building Code.
The Director of Building and Safety is authorized to use and shall use the State Historical
Building Code for projects involving designated cultural resources. The Commission and
Administrator are authorized to use and shall use the State Historical Building Code for
preservation projects.
29.70.030 Mills Act Contracts.
Pursuant to California Government Code, Title 5, Chapter 1, Article 12, Section 50280 (known
as the Mills Act), the City Council may establish a Mills Act Program providing for contractual
agreement with an owner of a cultural resource designated by the City Council or listed in the
National Register. The terms of the Mills Act Agreement allow for the owner to receive a
reduction in property taxes in exchange for the property owner's commitment to specific repair,
restoration and/or rehabilitation improvements and satisfactory maintenance of the property.
The Agreement shall include, but not be limited to, the contract provisions as required under
law and shall extend a minimum period of ten (10) years, renewed annually, until and unless a
notice of non-renewal or cancellation is filed. The application process, review procedures, and
required contract provisions for Mills Act Agreements shall be established by separate
resolution of the City Council and shall be implemented by the Director of Building and Safety
or his or her designee.
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Chapter 29.80
ENFORCEMENT AND PENALITIES
29.80.010 Enforcement and penalties.
A. Any person who violates a requirement of this title or fails to obey an order issued
by the Administrator or Committee or comply with a condition of approval of any
certificate or permit issued under this title shall be guilty of a misdemeanor.
B. Any alteration or demolition of a cultural resource in violation of this Article is
expressly declared to be a nuisance and shall be abated by restoring or
reconstructing the resource to its original condition prior to the violation. Any
person or entity who demolishes or substantially alters or causes substantial
alteration or demolition of a cultural resource, in violation of the provisions of this
Article, shall be liable for a civil penalty.
C. Alteration or demolition of a cultural resource in violation of this Article shall
authorize the City to issue a temporary moratorium for the development of the
subject property for a period not to exceed sixty (60) months (5 years) from the
date the City becomes aware of the alteration or demolition in violation of this
Article. The purpose of the moratorium s to provide the City an opportunity to study
and determine appropriate mitigation measures for the alteration or removal of the
cultural resource, and to ensure measure are incorporated into any future
development plans and approvals for the subject property. Mitigation measures as
determined by the Administrator or Committee shall be imposed as a condition of
any subsequent permit for development of the subject property.
D. In the case of demolition, the civil penalty shall be equal to one-half the fair market
value of the property prior to the demolition. In the case of alteration, the civil
penalty shall be equal to one-half the cost of restoration of the altered portion of
the cultural resource based on an estimate obtained by the City at the cost of the
offender. Once the civil penalty has been paid, building and construction permits
and/or a Certificate of Occupancy may be issued. This penalty is in addition to and
not in lieu of the moratorium set forth in Subsection C above.
E. The City Attorney may maintain an action for injunctive relief to restrain a violation
or cause, where possible, the complete or partial restoration, reconstruction or
replacement of any cultural resource demolished, partially demolished, altered or
partially altered in violation of this Article. The City Attorney may also pursue any
other action or remedy authorized under the Palm Desert Municipal Code, state
statutes and/or in equity for violation of this title. This civil remedy shall be in
addition to, and not in lieu of, any criminal prosecution and penalty or other remedy
provided by law.
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Chapter 29.90
SEVERABILITY
29.90.010 Severability.
If any section, sentence, clause, or phrase of this chapter is for any reason held to be invalid
by a decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this chapter. The City Council declares that it would have passed this
ordinance and adopted this title, and each section, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid.
24
Rough Draft Transcription of Minutes 2/15/08
Special Meeting of the Historic Preservation Committee February 15, 2008
Kim Housken: {Directing this question to Suzanne Cicchini, Recording Secretary} did
you hear from Bob or Vera?
Suzanne Cicchini: Vera did let me know that she may not be able to make it, but I did
not hear from Bob.
Kim Housken: Ok that being the case, let's call to order our Special Meeting on
February 15th, 2008 (The time is: 10:06 a.m.) Roll Call -- Don, you want to start us
off?
Don Graybill: Don Graybill
Gale Broeker: Gale Broeker
Kent Routh: Kent Routh
Jan Holmlund: Jan Holmlund
Kim Housken: Kim Housken
Bob Pitchford came in at 10:08 a.m. after roll call was finished.
Kim Housken: Staff wanna weigh in?
Russell Grance: Russell Grance
(Kim Housken indicated Suzanne Cicchini, Recording Secretary should state her name,
but Suzanne Cicchini is not normally a part of Roll Call and is not connected to a
microphone.)
Kim Housken: OK—Moving on--Oral Communications; we actually have a few visitors
today. Basically if you want to discuss anything not on our Agenda. The only thing on
our Agenda is the Historic Building Code Ordinance. Now would be the time. Ok — no
comment. (Unintelligible) (Chair, Kim Housken clarified to City of Palm Desert resident,
Douglas Kopp of 44870 Cabrillo, {who was not sitting in front of a microphone} �
wanted clarification about speaking on things on the agenda. She clarified that this was
the time for items not on the Agenda.)
Kim Housken: Definitely for. This is time to discuss things that are not on the Agenda.
Russell Grance: Right --Not on the Agenda.
Kim Housken: And this is on our Agenda. So, if someone's wishing to speak to the
Ordinance they can do so —ok—so the Minutes of our meeting of two weeks ago — did
everyone get a chance to review them?
Jan Holmlund: Yes- I want—they need some corrections — Uh—on Page Two,
Paragraph One it says -- the "Final Ordinance Document is a result of input from
Committee Members, and City of Palm Desert Building and Safety and Planning
Department staff." The final ordinance is definitely not what we told them (unintelligible)
-Um the final ordinance is the result of the work of LSA Associates and (um) the
comments from the committee that may or may not have been inputted and uh—I
simply can't defend the rest of it because I don't know what input the City Planning
Department Staff or the other staff members have had. Uh—the City attorney has
reviewed it and we received his written comments of that review and uh that was in
October of 2006, from that point forward we have not had any information written or
otherwise about anybody that put anything into this ordinance so—this ordinance is a
compilation of various uh sources but you know this clearly isn't correct in the review of
it. I know from where it came from because when we discussed it— it certainly didn't
say that. Uh-- so that "the final the sentence the final ordinance document is the result
of input from Committee Members, and City of Palm Desert Building and Safety and
Planning Department staff. The City Attorney has reviewed it and considers it ready to
move forward to The City Council. Um—Kim I think you are going to have to meet with
Suzanne (Cicchini) and review that portion of it. And then, in the—on Page Three um—
"Director Russell Grance reiterated his caution that the committee not proceed with the
surveys until this ordinance is codified, especially because the ordinance does not
address an administrator. (Jan Holmlund misspoke and said `does nof' even thouqh
the actual preliminary minutes state: does address an administrator.)" However, since
the current ordinance does mention inventories, the committee could proceed with them
if they were comfortable doing that. Clearly, we are not working under the new
ordinance. We haven't even accepted it or declined it. (Actually thev said thev could
not accept the document at the 1/29/08 meetinQ because Kim Housken motioned
and Jan Ho/mlund 2" that thev were sendinq the document back to staff...) And
the professional who wrote this document has not even seen it yet, so I don't I don't uh.
Kim Housken: Would it-would it-- improve it to say "however, since the existing
ordinance" the current ordinance—would that clarify it? Because I remember that
discussion...
Jan Holmlund: I would just take that step out and just leave however "since the current
ordinance does mention inventories, the committee could proceed with them." Um I
think that would be best and then—um finally
Kim Housken: So --OK ---So let me just clarify --you want to remove the: "Director
Russell Grance reiterated his caution"
Jan Holmlund: Right
Kim Housken: Because I mean I do remember the discussion and I think Russell
wasn't aware that we are operating under a current ordinance.
Jan Holmlund: No, No he wasn't.
Kim Housken: So it was an issue.
Jan Holmlund: So I think you just take that sentence out.
Kim Housken: so that's not explained.
Jan Holmlund: Yeah
Jan Holmlund: And then, I do know that the Agenda did not confirm our next meeting
date.
Kim Housken :I...
Jan Holmlund: The committee has the responsibility to establish a meeting date. Um, I
think there's some confusion about how the committee operates or committees and
commissions to the City, which are appointed by the City Council, because we only
report to the City Council not these departments. And therefore, taking out of the
ordinance that we have, we set our own dates and the staff of the departments and the
staff of these various committees (Kim Housken interrupts —regulating...) Jan Holmlund
continues:--- and regulatory commissions so um—you were right in not recognizing that
the date wasn't on there --we hadn't establish a date —but we did establish the meetings
for a work shop. We did establish that, and thaYs not here -- and that hasn't been
changed. And the workshop --to this meeting — so those three areas need to be
reworked-- probably you need to go to Suzanne and the two of you can work them out.
Kim Housken: Right -- I would go —continue on, going back to Page finro, um—Old
Business Letter A, the second sentence "their concerns stem from the elimination of the
Articles of Appropriateness. " I don't believe the word we used was Articles—it's known
as a "Certificate of Appropriateness" and I believe our concern was more the
elimination of the Administrative Certificate of Appropriateness the fact that two
different certificates has been combined into one um program. So that was one
correction I had. Uhm—also for clarification, same section, third paragraph, um—Jan
Holmlund seconded that with the Agenda be forwarded to their consultant and the State
Clerk Preservation Officer for comment, and I had noted she had already did that. Just
for clarity, I had already sent it on to the State Historic Preservation Officer. Um—and
actually on the first page at the end of the Roll Call, K Kaufmann goes by letter "K" not
" Kay" so if you want to eliminate the "ay"just for accuracy. So maybe Suzanne, it
doesn't sound like we are necessarily ready to approve these minutes right now.
Jan Holmlund: No, (inaudible--- )
Kim Housken: Suzanne and I will get together on this...Ok— all in favor? (All
motioned that they were in favor) Alright -- Ok—moving on.
Kim Housken: New Business —we have no new business which is on our Agenda.
Kim Housken: Old Business—approval of The Historic Building Code Ordinance.
Staff is recommending that we approve it as written. Staff wants to...
Russell Grance: Ok --As I made the presentation last time, um based upon a study
session back in '06, January, it was agreed to by The Historic Preservation
Commission. Committee and Ciry Council to hire a consultant which indeed they did—it
was LSA and with that the City Council directed us to uh develop a new ordinance or
modify the existing ordinance to be more current. Uh we have worked with the
Committee, worked with The City Attorney and with LSA and taken all those into
consideration uh to come up with the latest ordinance that has been reviewed and
approved by the City Attorney in iYs current writing, and that is what is being presented
to you for for consideration.
Kim Housken: And at our last meeting, we discussed you know, that it probably would
have been good to have the you know Planning Staff go over this you know, fairly
dramatic changes that were made in the group with us, prior to our meeting and that
didn't happen and I had moved that meet with them before we met again in this forum,
you know to go through these items line by line and kind of to get the reasoning as to
why these changes were made and that hasn't happened either so—is that going to
happen at this meeting today?
Russell Grance: Planning staff is here to respond to any of your questions.
Kim Housken: Would Planning Staff like to kinda give us a summary of how they—
(inaudible) ok
{Lauri Aylaian 8� Renee Schrader were initially seated in the audience—just before
the meeting began they sat at the far end of the ACR table. All the microphones
were already situated before the committee members —for members who speak
softly — I try to use two microphones -- Committee Don Graybill was assisting
with rearranging by with pulling more microphones to the far end of the table to
reach Lauri and Renee. It's not clear whether the microphones were pulled out of
the connection —or if we were just spread too thin because of the number of
people present who were speaking.}
Lauri Aylaian: First of all, I believe that there is a dichotomy between the ordinance as
presented um that reflects input of staff and desires of the committee. (Inaudible) I
would like to acknowledge that and understand that and accept that we are looking at
this as more as a agree to disagree situation rather than um reconcile the two sides of
the question . We respect your position, and understand it and we have a different
opinion and perspective. Our perspective is guided in part by direction from the City
Attorney and direction from Council Members and (inaudible)... Uh and that said,
(inaudible) respect and the rights of individual property owners—so there are quite a
few things that (inaudible) as I understand it 1) Allows individual property owners
ultimate say so (much of this section was inaudible) (didn't want to (?) {Didn't want to}
Waste your time.....
Kim Housken: Having said that, with regards to wasting our time, you know we were
given an ordinance back in October and told to review it um, I know both Jan and Gale
well —no it was just --even just more recently—you know, come, you wanted our
comments and we gave them, and then in January we were given a vastly different
ordinance that has no you know strike through or anything. And it was a tremendous
project that the subcommittee worked on. Going through that ordinance it would have
been very helpful to have had something directing us to where these numerous
changes were made and maybe even why. I mean, certainly authority is a portion of it—
but as to why duties had been separated. You know, I know when we went through the
ordinance in the version I gave Russell finro weeks ago you know we tried to explain why
-- this is where we're coming from and we really felt like —we were the ones that had
worked with LSA you know, we had asked for Planning Staff input two years ago, I
believe —was it in 2006? Fall of '06.
Jan Holmlund: November 2, 2006. We did...
Kim Housken: (interrupts) Yeah
Jan Holmlund:The draft went out
Kim Housken: O.K.
Jan Holmlund: and we did didn't hear anything from them for a year.
Kim Housken: And we certainly want it—you know—Planning to weigh in—I can
obviously— (laughs) iYs a natural connection between Planning and us. But— in terms I
mean—I really do feel like we've really spun our wheels a lot— having you know, gone
though the this October ordinance really knowing where we stood on this and suddenly,
we're thrown something else that was very different with regards to division of the you
know authority, the Certificate of Appropriateness totally has changed and again with no
reason why. So, I mean certainly we can disagree, but yet if we had known where you
were coming from maybe it would have been a little more palatable to us.
Lauri Aylaian: I certainly wholeheartedly apologize; (inaudible) it's hard to look
(inaudible) notes: a un-striked through version.
----As far as uh (inaudible) unfortunately (notes: cited staff changeovers) ... have
certainly (inaudible) but again, apparently, we dropped the ball. (Inaudible)
Jan Holmlund: I really don't understand your stand. Uhm —we invited the other
departments at the City to look at that ordinance which came through the Department of
Building and Safety in which we had requested -- we asked that comments be given to
us and then your department and the other departments meet with us so that this could
flow through the City very easily. If you really want to understand how we feel iYs almost
as if we have slipped into a bureaucratic quagmire. IYs so -- confusion —so much
confusion with this document that it really is extremely difficult to do it in a red line or
strike through (inaudible) and we finally accomplished that-- Kim did that herself. But
because you have a different—you say-- point of view than this committee has— ah you
just decided to take over the ordinance and utilize it for your own purposes—and it
really was an ordinance coming out of this committee. And it really demanded it that if
you wanted to make changes than you should come to us and say "committee—we
don't like this because..." Now, we certainly are not against the homeowner. We are
homeowners. Most of us live in this community. And we have made provisions in every
cultural resources document that I have ever read for public participation and owner
participation and owner protection. In fact, Historic Preservation goes out on a limb to
see that not only is the owner is protected from any demands by the city EXCEPT THE
MORATORIUM—but to make certain that they gain the benefits of all the tax laws of the
Federal, as well as the State and County. County and Local government. So, we have
not neglected the homeowner by any stretch of the imagination. But neither have we
over protected the homeowner in terms of allowing us to do whatever they want. This
City never has done that— never will do that. If they need that homeowner's front yard
they will take it. They've done so recently without the homeowner being agreeable to
that. What we want—this committee — is a city that has variety and strength of iYs
history and stamina from the people who believe in the progress of the City. That's it.
And the way this project was treated by other departments in the City is just disgraceful.
Disgraceful! Now-- the ordinance was written for the Commission, The City and the
Departments Heads and Administrators of the City. Part of it is what it started out to be--
a really fine model for meeting the task that we had—which wasn't too bad. Except it
really needed to be updated. And (sighs) parts of it read (ike a composition description
for an ambitious administrator—who wants to control Historic Preservation in this City.
That's what it appears to be so—what has happened as a result of that maybe because-
people don't understand what modern historic preservation documents actually say or
do or maybe because of the urge to protect the position of the administration of the
buracracy and to control this issue that we feel is not fair to the homeowner but you
have taken away the authority of the Commission to operate —And in so doing, with
just a few words—(inaudible) Commission will destruct—you put in words like "may" uh
you put in "Administrator." You ask no qualifications for that Administrator— but the
Commission must have qualifications. Throughout this entire document there are small
changes that just restructure the entirety of the ordinance and it wasn't for the benefit of
the homeowner. The homeowner is protected throughout. Now I have draft after draft
after draft after draft. I think we went through 11 different drafts before we finally
produced our redlined draft. And I have letters from LSA instructing us and I have letters
from the attorney and his words except for one paragraph were all basically agreeable
to the committee. It's just the document that it finally came out of this vat—and it it's so
challenged that frankly I think iYs unusable. And what started out to be such a good
thing. We really wanted to do something good for the City-has now become a point of
desention and I I don't really see any way clear—to clearing that up—unless we sit
down and meet together and try to pull together a document that's reasonable that we
make sure we have the input of the County, State and the Federal um demands for
historic preservation—so the criteria is balanced and the same and—so that we
understand the tax benefits and roll this particular (coughs) this particular effort would
have as it goes through the city and the department. We're not here to make war—
we're here to do the best job we can. And —we're appointees—we're volunteer
appointees to keep watch on the City and the way it works. I have to say right now I am
extremely disappointed, but that doesn't mean that it's an impossible situation, I think
we can sit down together and make a workable document and I know for certain that
those professionals that began that document are willing to help us to put together the
reasons why it didn't work. And there are some areas that are just absolutely
ridiculous—Surveys being one of them. You---
Kim Housken: (interrupts) Let—let me just jump in really quick—so where do we go
from here? I mean — I really feel strongly that we need to sit with Planning Staff just so
they can understand why it was developed—the two different certificates of
appropriateness. You know so we can go through the duties of—you know, we've
we've—honestly, I mean I personally feel like any authority we had has been taken
away from us and it does seem that you know you all are just—you're gonna charge on
(unintelligible)throughout this? And I mean -- and it's kind of reflected with the fact that
our meetings have even been changed . Now we just need to meet once a year—so I
have a vision of us just being you know --"O.K. —the administrator will take care of
everything." You know --If they want to paint the Desert Magazine building pink —they'll
do it -- that administrator can O.K. it and you know and purely iYs the administrator's
discretion that they'll bring anything to us. So we feel I know the word that come—
includes — marginalized—I think that describes it perfectly—Uhm---
Lauri Aylaian: You're kind to say that ---uhm—that uh—(inaudible) major changes
there clearly is a large —different and a strong and each would have merits and
(inaudible) The shift was not (notes: small) but ---and ..(Inaudible) (Notes: iYs our
understanding of The City Attorney and Council desires -- that staff focused their efforts
on).
Jan Holmlund: Have you documented this request? I--We never have heard of this
from the City Council or from anyone.
Lauri Aylaian: I do have—uh—these actually (inaudible)
Jan Holmlund (interrupts) I mean --Why they came to you?
Lauri Aylaian: I have a fistful of minutes from the City Clerk's—she provided me...
Comments from the Palm Desert Lodge. Uh---Council guidance that—(notes: the
ordinance be revisited)
Jan Holmlund: Did they know what was in the ordinance?
Lauri Aylaian: (inaudible) this was not—this was not generated by the Planning Dept.
------------(inaudible) City Council requested that the ordinance be revisited. (Inaudible)
Jan Holmlund: Why did this request come to you and did they know what was in the
ordinance.? Have they received that— any of these 13, 14, 15, (inaudible)
Lauri Aylaian: (inaudible) Uh—I think (notes: The request did not come to me --
opportunity to express the reason behind their voting.
Jan Holmlund: (interrupts) where did it come to? This (inaudible)
Lauri Aylaian: So discretion .of frustration of some of the council members saying they
don't like the--- that the property owners didn't have final say so. (inaudible) notes: .the
ordinance should be revisited.
Jan Holmlund: The property owner does have say so. It clearly that is one of the
things—you have confused entirely. The survey and the property owners final say.
They do have--- The only thing that can intervene—befinreen the property owners and
the ultimate decision of the prop—Uh--between the committee and the ultimate
decision of the property owner is a moratorium----and iYs a limited moratorium. Uh we
looked and investigated the possibility that that site may be more important to them then
they realized. That moratorium is not a confiscation of property. It is not a challenge to
the owner if iYs handled properly and since — because we got that information at the last
second and knew nothing about the property—it the moratorium was —was justified to
find out what---(inaudible)
Kim Housken: LeYs clarify too —that that we were approached by the person that was
hoping to lease the property from Walgreens and they approached us asking us to
basically say what we thought that. And again, this wasn't us out seeking this--- they
came to us and asked us. And if I were — and if I were called to council to support it
again and we advise them that I forget what the class level it was --five or something
under our current ordinance, and the way I recall they agreed with us... and that what it
was. �
Jan Holmlund: And In fact—the fact the property owner offered us some material from
that site so that we could preserve it. Uh—I don't think he went away all together
unhappy—his his intent was not to sell the property but lease it. So he's gone on to
other things. But he at least knows what he has now and we know what he has and
photographs have been taken of that structure and uh really good benefits have come
from that. So in any case, in Historic Preservation you're going to have rumblings on
both sides—either the owner doesn't get enough tax write off or gets too much tax write
off. Uhm—there's —you know it's not going to be a peaceful thing---iYs going to be a real
living effort but the thing I object to more than anything else is the decision by these
other departments that they can come in and take out—take over an ordinance being
written by this department and this committee and I totally disagree with you that the
committee or commission serves the departments. The City Council Members appoint
us to report to them —they think nothing about appointing to the departments.
Lauri Aylaian: This would be my suggestion, (notes: 2 different opinions—sitting down
a consensus would not be productive. ) Uh I think there a — come to a — my suggestion
would be to put together your recommendations —the reasoning behind your ... (notes:
present your recommendations.
Gale Broeker: Shouldn't we want---
Lauri Aylaian: (inaudible)( Notes: Your recommendations —we're committed to bringing
this forward to 2/28/08. We can recommend... ordinance —that the whole issue be
tabled...City of Palm Desert is in it's infancy... new issues to council...wants to be
actively involved...retain control, how shaped 20 years from now.....sense of confidence
that they have set up—they might be likely to turn over (to a group) greater
responsibility..my own—retain greater control —that's why the ordinance is proposed as
is...litigation..to consider both approaches.
Jan Holmlund: (inaudible) The survey element— (inaudible) um and the comments I
didn't understand on the survey—(inaudible) notes: illegal parts-survey {portion of
document} written by someone who doesn't understand surveys.
Kim Housken: While you're looking at that too —also, committee, commission, board
regardless even in our version they have gone to the council —so it's not that we feel like
we're this little kingdom here — and we want to have control over all of this. We just want
to put forth you know the best effort—to protect the you know resources of this City—
but everything goes on to Council—so I'm not really sure about that— it just seems that
everything has been taken over by the administrator. Now— again — like Jan
commented, we don't know the qualifications of the administrator. So who's going to be
sitting there doing the duties?
Lauri Aylaian: I can't tell you who-- The administrator is to be appointed, who will be
the best suited, most knowledgeable—these decisions haven't been made.
Tape #2 BEGINS
Kim Housken: But with that being unknown, you look at the you know, makeup of our
of our committee here. You know we have an archaeologists, an architect, a historian
we certainly have many areas of expertise here.
Lauri Aylaian: Absolutely, thaYs one of the reasons we made a lot (inaudible) {notes:
technical qualifications}
Kim Housken: But you're willing to take over the whole Certificate of Appropriateness
process. So that doesn't really to me—that doesn't equate.
Jan Holmlund: You really have to —there is such a ultimate confused document that it
ultimately serves no purpose for you nor for us. You really haven't uh utilized the
benefits of true historic preservation uh work and in your concern to protect your turf I
think that what you have done is-is lend control over issues that should belong to a
committee or a commission or volunteer citizens to an unknown member of a
department without even specifying what that person should be capable of. And most of
that I really—think belongs to human services it doesn't belong in a document like this.
Uh It's just uh---(inaudible) for me.—That one is a really big problem—we have a person
— people here on this committee (inaudible)—historic preservation surveys can go from
windshield type surveys all the way up to a professional surveyor coming in and
surveying properties. Now, basically when you initiate an action and that is confused in
here as well. If you initiate an action, it can be initiated by anyone at any level --at the
federal level, at the state level, here at the local level. And they come in and they say "I
want to recommend this property for this city. And the commission—which usually is
what it is —it can be a committee, it can be a board of trustees —whatever—will let us
study it and look at it and see where it belongs. Quite often there is a history of that
structure or that site. Sometimes there is not as in the case of the pink adobe uh Hotel--
- once the study is made, it may very well include a drive by, windshield type survey.
Now to outlaw or to say an owner must give permission for survey is just ridiculous.
Gale Broeker: (inaudible—very faint and from notes) Under duties-written consent of
an owner is required —Now how do we determine just who we should ask permission
from? How can we determine if a survey is needed if it's not on our inventory?
Lauri Aylaian: We have property records. We look up property owners 30 times a
day.
Gale Broeker: We need a survey to identify—(inaudible) How do we identify this that or
the other house as historic—How can you ask for permission? — "#3 is stupid"
Kim Housken: And-and—to go one step further as well, I mean—going back to how we
processed this whole ordinance—we we went back to the General Plan., and his is what
we have been operating under since we came into existence —in what was it— '04?
September of'04. And you know we're directed by the General Plan to identify
property, I mean this is what we are supposed to do—so how can we identify
properties—if we're not allowed to drive the streets and do— you know we call a
reconnaissance global survey. You know, we're not out knocking on people's doors
and asking to come in and count the bedrooms and bathrooms, so — I mean in fact—I
would point to — here's a survey that was done for the City of Palm Springs. I don't
believe there is any owner consent required for this. You know, anyone can survey any
property at any time and I would really question the legality of that statement. So we're
really puzzled by that I have to say.
Gale Broeker: (inaudible) How can you get owner permission when you haven't
identified the properties.
Kim Housken: Well, and I'll even point and going back to the General Plan. Program
3A - Expeditiously conduct citywide cultural resources survey and inventory all cultural
resources within the jurisdiction. You know, this is what we are directed to do and
you're basically telling us that we can't do that anymore.
Lauri Aylaian: IYs been done.
Kim Housken: IYs been done by us.
Kent Routh: Right—it `s now true that they had to wait for another offer now-- to Longs
and Planning Commission has further say about what will be built there. Also we—we
appreciated this committee --currently under Building and Safety-- illogically; we
should have been under planning all the time. Probably—that was done in the past—
that's O.K. --we can change it now. We're not very difficult people to work with and the
City Council seems to approve of what—"but to go ahead and pay LSA to do this
thing to have vou idiots qut it is ah—it's no fun" "we're all ready to get up and
leave." "We're vo/unteers nothing is keeping us here. And if you don't really want
this committee— say so': You know, The City Council needs to instruct us.
(Barely audible—sounded like that's that??)
Lauri Aylaian: (inaudible) notes: Council Member Finerty raised your concerns. She
didn't know— New staff—(she and Russell)
Kent Routh: As is the case with you...
Lauri Aylaian: Working with a roomful of people from what I hear um {notes: The City
Attorney is tasked with [notes: the ordinance has been re-crafted and reflected City
Council desires. It would be brought before City Council—never at staff level—City
Council is to decide what's appropriate}
Kent Routh: (inaudible) (notes) We need a plan on how to go from here. City Attorney
knows more about the legalities—we haven't acted inappropriately.
Lauri Aylaian: (notes) There isn't any indication you have acted inappropriately.
Kent Routh: We're all (inaudible how are we going to get this back rolling so we can
have like a couple of (inaudible) ...
Lauri Aylaian: (inaudible) notes: make recommendation to City Council.
Kent Routh:( notes): Inquiring if staff has worked in Historic Preservation.
Lauri Aylaian: Renee has worked for 6 '/z years at the City of Beverly Hills. Will soon
be receiving her certificate in Historic Preservation from U.S.C.
Jan Holmlund: Well --then I think you should know, that on page twelve where it says
Commissions. The written consent of the property owner must be obtained prior to any
action by the Committee. If such consent is not obtained, the application will be
deemed incomplete and will not be processed. That is simply illegal, un-American, and
iYs redundant --it adds no meaning whatsoever—for Historic Preservation or the City.
Renee Schrader: (notes) The cities do have authority. (inaudible)
Jan Holmlund: (inaudible) you can't— you can't -- definitely ---(inaudible)
Gale Broker: inaudible (notes) The Supreme Court went through this.
Jan Holmlund: (inaudible) There are certain laws that cover almost all of this—
(inaudible) and
Renee Schrader: (inaudible) notes: Initial evaluation of properties
Jan Holmlund: If you try to preclude this committee from the official (inaudible) notes:
surveying properties then you're preventing anyone from driving the streets and looking
at any properties.
Renee Schrader: (inaudible) (notes) that's not the intent.
Jan Holmlund: It may not be the intention..but
Kim Housken: (interrupts) that's how it sounds.
Lauri Aylaian: (inaudible) notes: reverts back to semantics—suggest appropriate
cleanup of the language (inaudible) so its
Jan Holmlund: And I think the other element that really needs to be taken care of is the
Certificate of Approval. The Administrator can give approval for remodeling and the
various other things but does not affect the historic feature of the site. But it is The
Commission appointed by Council who's supposed to protect that. (inaudible) ThaYs our
job. It's not the administrator's job—the administrator's job is a totally different
(inaudible) only to carry out (inaudible) expiration or an understanding of (inaudible) and
it needs to be respected and iYs not. This document and the authority of the Certificate
of Approval and the Administrative Certificate of Approval have evaporated. Moreover—
when you put in years or times for judging things. They frequently change. Uh at one
point we had forty years of age or older— Uh for a Certificate of Appropriateness. Then
it went to fifty years of age and we were debating 35 years or older because more
commercial properties are now eligible for a 20% tax write off if they go through historic
preservation., and they don't (inaudible) and should be covered and it went up from our
40 to your 50 ..
Gale Broker: (inaudible) notes: State law
Jan Holmlund: and sometimes it creeps up to 60 in different places. Where we say we
need 60 days, you move it down to 30 days. What I---
Kim Housken: (interrupts) One of that in mentioning—one of that was even against the
attorneys recommendation
Jan Holmlund: Yes!
Kim Housken: From October '06--They even acknowledged 60 days may not be
enough and you all cut it down to�30.
Jan Holmlund: So it—
Kim Housken: I think we had it at 45
Jan Holmlund: No we left it at 60—I think— but --throughout this entire document
you've committed all sorts of transgressions. And what I don't understand is why in the
world would you write your own? Why did you take ours and destroy it. It's almost like
worse than—I -it's so bad and I just— it's like it's now if you turn this in-- half of it's ours
and half of it's yours. Or—maybe it's a quarter ours and a quarter of yours. But it's
adulterated and if-if you want to take this before the City Council then I think you
have to say this—this is not yours and it's not ours! And some of it's not right—
but they can look at it. And then, they will receive what from this commission
what we hope will be a correct cultural resources document which will give
everyone in this City a chance to enjoy historic preservation. As-- I just—I don't
understand the fears and I don't understand the avoidance I-I know that that-that
fa�ade enhancement and redevelopment and planning all have all lot of money
coming in from the state that might be applied to historic preservation and maybe
that's the source—financial source of fear. Uh Maybe iYs because the Commission
or the Committees reports directly to the City Council that provides a sense of fear. But
this committee----I'm not speaking for any other— historically wants to do the best they
can. (inaudible) This committee has worked so hard to prove that—that I think that
probably well over $100,000.00 worth of work a year in over three years�very year.
We have piles and piles of work that we have done—and it hasn't been easy because
every time we need to have our work shop or a meeting — it's cancelled! The
department says "geez we can't help you people—or-- we don't have enough people"
but we have asked annually every year that a person be appointed to the position of
administrator to the committee because there is an enormous amount of work related to
historic preservation. And that has never been honored so we just keep plugging along,
doing our thing, trying to produce. It's not going to work. You people are going to have
to stand up and be counted.
Kim Housken: Um going back to your LSA comment too—sorta —what was the
purpose of us hiring LSA you know—to work with them? Again, they didn't just invent
this on their own. We had you know, several meetings back and forth and you know
they gave us sample ordinances of what did we like --would work for our city. And then
to not even run this last draft past them? Well-you know why did we hire them? Why
did you all try---
Lauri Aylaian: (inaudible){ notes --We retained a specialty consultant to do a better job,
an experienced firm and as with any consultant, we review all of their work. Staff
revisited the recommendations by the consultant and the committee to reflect whaYs in
the best interest of the City Council. I invite you to make your separate
recommendations to the City Council. The decision is theirs.}
Kim Housken: We did—I mean I know -- we did recognize that well that wasn't the
intent. But, if this how we're reading it-- you don't think—iYs— once again, I'm
recommending that you all sit down with us. And we can say "gee we read this—and
this is how we interpret it." And you can say—"Oh—gee—that wasn't our intent" you
know, we can adjust ..
Lauri Aylaian: trying to respond (louder but not clear) —sounds like: "if, if thaYs...
Kim Housken: We wanna wanna participate in this...
Lauri Aylaian: (louder— unintelligible — and interrupted..)
Kim Housken: and i feel like you are saying "no—that's it—this is it—we're going
forward with it—that's what I'm hearing you say—so is- is that still your opinion?
Lauri Aylaian: Look --my opinion is in (inaudible) notes: it would not be productive to
sit down.-- that I believe we have 2 different approaches (inaudible) and I don't think
that those two approaches can be reconciled. Now we can -- if there were a position
where there weren't two different approaches (inaudible) notes: can either one be
(notes) enhanced —absolutely. When you point out ambiguities- uh (inaudible) in the
terminology (inaudible) yes, we can't explain the hard (inaudible)
Kim Housken: Right
Lauri Aylaian: (inaudible) notes: if the city council will endorse. (inaudible) There
would be things staff can suggest. (inaudible) The committee obviously has the
strength of knowledge about Historic Preservation. Staff obviously has the strength of
knowledge about the mechanical functions of the City (inaudible) . Whatever (inaudible)
Kim Housken: So you're still saying then, that we need to let Council decide which
draft we're going to go with and then will work together? So you're saying they're not
really gonna vote on one or the other—because you're recognizing that maybe both
would need to be tweaked by the other. Is that what you're saying?
Lauri Aylaian: It sounds like you put forth something (inaudible) some examples of
things that would make you uncomfortable with the uh with the current ordinance that
we're recommending to support. It sounds like you're asking (inaudible) recommend
that we put the ordinance back (inaudible). Now our plan was to go to (inaudible)
scheduled for the February 28�h meeting recommending that they uh ( inaudible) have
the first reading of the ordinance and uh and with a recommendation with (inaudible) but
also acknowledging that we have uh have differences that on how—that that---
(inaudible) came by (inaudible) recommending (inaudible) an ordinance (inaudible) uh
so that both sides are presented to the Council. Whatever's done in the next few
meetings (inaudible) and all that -- not even if either ordinance were letter perfect
(inaudible) it can't be approved in (inaudible) difficult.
Jan Holmlund: Let me make a recommendation. That we sit down together. I mean
we no idea where some of this came from. No one signed for it, no one named
author,iYs just a it's just a (inaudible) dropped out of the sky. Let us sit down together
and see what we can work out, 'cause there are (inaudible sounded like really?) legal
problems. For instance, 29. 30. 0 20 (inaudible) you say that all of the committee shall
be residents of The City of Palm Desert. You're actually undermining the authority of the
Council with that statement. The City Council has the right with their authority to
appoint anyone from any place to any committee or uh commission—so you know there
are a number of things...
Lauri Aylaian: Our recommendation is based upon...
Jan Holmlund: in here that needs to come out.
�auri Aylaian: Our recommendation is based on our knowledge of the Administration
all of us --(inaudible) all other committees require that they benefit the residents of the
City of Palm Desert (inaudible).
Jan Holmlund: no they don't—that's not..
Kim Housken: Yeah--in the municipal code there's an exception whereby the council
can, uh, you kn-- that's part of the municipal code.
Jan Holmlund: (inaudible) that kind of thing is throughout this document and—and
really —I -the attorney should have caught that but maybe he...
Kim Housken: here
Jan Holmlund: wasn't familiar with it.
{This is approximate/y the point where Kim and Jan noticed that Dave Erwin, City
Attorney was actually sitting in the audience -- }
Kim Housken: --no-
Jan Holmlund: oh—
Kim Housken: ( sighs or breaths loudly)
Jan Holmlund: I recommend that he look at 2930 —wait 2- 020— uh the other thing that
we're concerned about is Certified Local Government. Because it has great benefits to
homeowners.
Kim Housken: and-and- additionally, and it's recommended in the General Plan that
we, you know, consider becoming a
Kim Housken and Jan Holmland (together) : Certified Local Government.
Jan Holmlund: And that is an important uh—i have here a summary of Certified Local
Governments that was handed out by the H uh HPO and it says uh under
responsibilities of a Certified Local Government that it will maintain a historic
preservation commission, survey local historic properties, enforce state or local
preservation laws, provide for public participation, and finally other functions delegated
or required by the State such as the enactment of historic preservation ordinance or
zoning restrictions. So I recommend that before you —even though you clean this up
and try to take out some of this really—difficult bad passages that you send your copy
through to the State to make sure that the State approves it. You do have a County
Historic Preservation Officer, Eric Coffer, { in a transcription of minutes on 10/30/07
Jan Holmlund said his name was Jim Hofer— I will need clarification}-- who works
for the district— uh the parks district and in Rubidoux and he has uh agreed that he
would be happy to look over this document for us. So we have a lot of people who are
professionally in the—in the area and in the real estate —who are willing to help us with
this document. What we want—we listed before this went to LSA. We met and
listened what they wanted to see a historic preservation document. And thaYs what
we're trying to achieve. The best one we can get and we do not think that this was the
best one or even anywhere close to being good enough.
Kim Housken: So having said that, can we convince you all to meet with us or is this
just ---uh can't do it— it's impossible?
Lauri Aylaiain: No, I would just focus (inaudible) on the suggestions you have for
(notes) a different approach and I think (someone made knocking noises in the
microphone that appears in the background in addition to the faint audio!) I would like
to focus on a different approach then I think I'm (inaudible)
Kim Housken: Ok—well -- before we vote on this we have members of the public
with us today, does anyone have anything they wanted to speak about, please state
your name for the record please.
{Karen Prinzmetal , a resident of Palm Desert spoke while standing up — away
from the microphone. She was in the area where the microphones had been
rearranged after the initial set up of the meeting when a number of other people
joined the meeting right before it started. It's unclear whether her microphone
had been pulled out from the connection —or if she was standing too far away
from the microphone when speaking. Her commentary is largely inaudible.}
Karen Prinzmetal: (Karen Prinzmetal resides at: 916 Sandpiper, Palm Desert.)
My name is Karen Prinzmetal and I live at the Sandpiper in Palm Desert. Uh(inaudible)
I love this City. (tape/notes: we've been here 10 years, since 1998. It's always been a
forward looking community, concerned about citizens. IYs very distressful for me to
hear power taken away from the committee and given to one person. I am appalled to
have an administrator in this City government without (inaudible) academic background
making decisions on what is or is not historical. (notes) And I would hope from being
intimately involved with historic preservation both in Palm Springs and Rancho Mirage —
that this City needs to think about what might happen to a Maslin/Shindler house. !
don't want to think that 1 person can make a decision what is and is not taken
(inaudible) I know (inaudible) {paraphrased: she was concerned about properties being
taken without consent.} (notes: surveys are always initially done without consent. ) I
lived one mile from Beverly Hills, I know, and they do not have one person making a
decision (inaudible) as I hear, thaYs academic (inaudible) integrity. And I also find it
very distressing---and I am very proud of this commission— and I am hearing these
people say: "I am making—I am making -- a decision that we will not talk with you." I
really resent that --(inaudible) I want communication! I want there to be (notes:
communication between Planning and this commission (inaudible) that's critical-- not
dogmatic.. (inaudible)... you may have been given the ...(inaudible)I don't think that
(inaudible) to comment—(inaudible) the government (inaudible) and I live in this world
that thinks (inaudible) tape/notes: I live in a historical community and it is distressing to
me that 1 person can live in EI Paseo and that (inaudible) paraphrased notes: land can
be taken. (inaudible) You are going to have to priority to take land without public
forum. (inaudible) without having...(inaudible).—and I'm sorry -- I just don't understand
why (inaudible).. around the world..(notes we should be above being shamed into
getting an ordinance by a staff member,) (inaudible) ...and I'm not hearing anybody say
let's talk about education, IeYs talk about tax benefits, IeYs share with the
community..(inaudible) (notes: You're --meaning Renee Schrader—getting a degree
from SC (University of Southern California) —(inaudible) {captured the words: front
runner, Rancho Mirage} Let the Kaufmann house be torn down LeYs share ....
(inaudible) Fine -- let's go with the money -- think about it (inaudible) (notes: you can
only benefit (inaudible.)
Kim Housken: Thank you—any other—anyone want to try to follow that up. (Laughter)
{ mostly inaudible --Douglas Kopp again, did not want to be in front of a
microphone and had to be convinced to go over to Russell Grance's seat...since
all of the seats with microphones were taken.}
Suzanne Clcchini: and if I don't get it on the minutes....
Douglas Kopp: My name is Douglas Kopp. K-o-p-p—resident of Palm Desert for
(somewhat inaudible but sounded like 2 years—I can confirm this with Kim
Housken—I later learned he was her father.) (Mr. Kopp resides at: 44870 Cabrillo
Avenue, Palm Desert.) And I back up everything she said. It's really just a (inaudible) it
seems like somebody in the Planning Department is just taking over this historical
committee here and you know—why do you even have it? These people they work so
hard to volunteer—(inaudible) and I'm very disappointed and I don't know your name
ma'am-- are you the Head Planner or the Head of the Planning Department?
Lauri Aylaian: (inaudible) Lauri Aylaian responded with her title: Director of Planning
Department.
Douglas Kopp: ah—iYs ok — it doesn't actually (inaudible) so-- iYs just you know so
disappointing. And uh you know these developers they'll just buy properties and let
'em go—purposely—and so 'cuz they know they can get the zoning changed (sounded
like: uh they say that is derelict) (inaudible) you know, commercial or high-rise or
apartments and (inaudible) and where we're located-- is we're very close --we got our
two next door—I could just --very close to 111. I'm —there is developers you know,
down the road and they're just going to nibble away at property um —you know pretty
soon you're just gonna have a high rise next to your house and that's my comments and
—very disappointed — (inaudible) and these people should be commended —these are
volunteers —they put their heart into it—you know.
Kim Housken: Thank you — any other comments?
Hal Rover: I'm Hal Rover. And Uh —this will be real brief. (inaudible--) this is for down
the road. Uh I think we need an effective and a fair ordinance and we don't need to do
any railroads—or pushing it down to get it done. IYs been in the pipeline too long—way
too long. I've started going to preservation meetings quite awhile ago—in fact, I think
that was the first one—a couple of years ago. They need to make steps on this.and uh
you need to have an effective ordinance. Uh—the City Council has been up — uh I think
very progressive in most of the things they did. They started the Historical Society
barely after the City was started here. That was very uh futuristic. We have-we have
30 years of documents on hand now because somebody stepped up and started the
Historical Society—we have a great archives. I was raised in the City of La Mesa,
California. They were incorporated in 1912. The same year—in 1977 they started a
Historical Society. So they had 60 something years of catching up to do and they have
never caught up yet. I think this is-- that we need to step up and do this and we need to
do it very soon and effectively. You're not going to make a friend with every person in
town. This is something where somebody needs to make a stand. I hope that it can be
done without adversarial uh comments and all that.
Kim Housken: Thank you. I would agree with that. So—I guess this would call for a
vote. Staff is recommending that we uh—approve the ordinance...which .
Jan Holmlund: Can I speak? I think it would .be really good if we'll take if off the
Agenda. We'll meet with Planning and frankly any other department—uh to see if we
can ask someone from LSA (inaudible) because they are very good. They were the
initial authors of this (inaudible) notes: and one in Los Angeles and Riverside.
They have been very, very cooperative about giving us information as we needed it. But
just their presence — and have a meeting room—all day workshop or we could do a
weekend workshop and see if we can come to some reasonable understanding of what
this document should be. And then take that document or two and if we still feel around
a question of who's doing what uh—the workshop with the City Council I believe
that they need as much background education in this document as anybody in
the City. They need to know what it contains—they need to know what the
possibilities are and what to prepare. And they need to be able to take time to
understand that. It's not fair to put finro documents of such different proportions
and such um technical verbiage on (inaudible) at a City Council Meeting. That's
just not right. You've gotta (inaudible) —that is stupid! You can't expect a wise
decision from that kind of behavior so—what I say lets line up a couple of
workshops one or two days—I --you know I'll give whatever it takes to see if we
can get the professionals in here and let's just see if we can't sit down and
hammer this out so it looks a lot better—does a lot of the work that we want the
City to have and-- to some degree ease the fear (inaudible) of bureaucratic
responsibility. So having been on both sides of that fence, I understand where you're
coming from. But on the other hand, there seems to be the future of this City that this
document is much more important than the difficulties (inaudible). So if we can do that
then I'd be happy to make a motion to that effect and uh—at the point where we
meet with the City Council, in a workshop, if they're ready to accept it, then they
can put it on their agenda. Or, our Department (inaudible) can put it on the
(inaudible). So in any case, I think it should come from the Department of
Building and Safety that has been so supportive of this committee all these years
and has really undertaken a challenge that they weren't prepared for. So thaYs
what I would recommend and I think everyone would get a fair shake in that and we
should be able to —we should be able to do that within a month. We should be able to
have two meetings in a month (in audible) to get this to City Council.
Kim Housken: So would it be reasonable to meet—again? Again—and I understand
what you're saying — I mean you feel that we're just so far apart and I don't necessarily
think that we are-- I really don't think that we're that far apart—and there just --frankly
there are a lot of errors in the document. I mean, you know where it's referring to
certain sections -- that section's no longer there. I mean there just, you know, there's
uh, there's problems. And I think that if we sat down together we can still agree to
disagree on certain areas but I really think we can improve this a lot and- and I do think
it would be a great idea — I don't know if it would be a study session maybe with the
Council? Just to , I mean —they're not gonna want to hear all this during the middle of a
Council meeting—to go into the details of this.
Jan Holmlund: Give them our documents and our reasoning behind it and —so they
understand fully what they're getting.
TAPE 2 ENDS:
While the tape was being changed:
Notes: Lauri Aylaian explained the challenge of assembling Council Members for a
Study Session or work shop. She provided for example, the difficulties of scheduling
the recent retreat that was scheduled since June of 2006. It was a large task.
Gale Broeker added that her first meeting, January 19, 2006 was a study session right
here in this room. They provided lunch — it was no big deal.
Lauri Aylaian: notes: 1-2 workshops — (continued explanation of difficulties)
Kim Housken: notes: (completely inaudible) we didn't expect ...
{The very beginning of the tape was inaudible — most likely because as in much
of this transcript, Lauri Aylaian's microphone was having difficulties or had been
pulled out. }
Lauri Aylaian: (inaudible) .. we have a much different point of view for historic
(inaudible) preservation (inaudible) or in — (notes) deferred to Russell Grance — it's his
decision whether to try to reach a consensus.
Russell Grance: It's pretty obvious there are some passionate feelings and uh —and as
we are all directed by somebody to do something. Uh I think Lauri's (Aylaian)
comments earlier that she said more than once. I think we are at an impasse here.
We're gonna agree to disagree. And uh what we probably should do is probably
present this ordinance in its current writing and in addition to yours, set them side by
side, and let the Council make that decision. Ultimately, we answer to the Council. The
Council has got the final decision on where this whole thing is going to go.
Kim Housken: But I don't see how you can say we are at an impasse when we haven't
been given the opportunity to even go over our points.
Russell Grance; ThaYs where we're agreeing to disagree.
Jan Holmlund: I think that you'd want to preclude any action that (inaudible) and thaYs
not right. The —and iYs not fair to the Council to get two such diverse documents for
them to sit there and scramble up. You know it took us-- we met three or four times—
four hours at a stretch—to go through these and see where a the legal changes were
that we had. Where the LSA changes were that we had. Where the original document
was written and the— I think I used 11 — not 14 different drafts—we used.
Kent Routh: Yes
Jan Holmlund: We read- we read every single line. We went through every single
statement and we know you have a damaged document! And it doesn't reflect historic
preservation principles. And to put this before the City Council is just plain wrong!
Wrong! They're going to—they're not going to understand it—they're not going to
have the background —and they're not going to know what in the world is the
matter with one or the other. We need —we need to cooperate. If you think this
committee and a few little departments in this City can't find a way to cooperate and act
then I fail to see how the world is going to manage-- it's just ridiculous! So I say forget
your schedule that you have imposed upon the world and come back here and IeYs see
if we can—we we've been working on this and uh—what's my first date—uh—I think
that it was `0—it was November—I got the second draft on September 08, 2006. It
went out to the attorney on October 8, 2006 and he responded—responded and we put
that into our document-- in writing. And on November 2, 2006, the draft went out to the
other department s and we heard not one word for a year. Now all of a sudden we
gotta do this—we gotta put it on the Council's desk today—no more delay we'll use
what we want. Never mind —that the—that the document came out of committee and
this department. There's something wrong here Russell. I..
Kim Housken: The attorney was going to weigh in maybe?
Dave Erwin: (The City Attorney of The City of Palm Desert did not speak from a
seat at the table with a microphone ) My suggestion (coughs) is that you transcribe
the minutes of this meeting (inaudible) notes: present them to the Council.
Kim Housken: Well- then that's all good and well, but if we're going to be doing that,
then I don't think we're ready to end the meeting—`cuz I want to go through the points,
then that we have to make about this document—which I was hoping we could just do in
a you know, smaller, intimate forum. But, if that's what they're going to be basing their
decision on, then I think we need to start (inaudible) in the document and we will tell you
of all the problems we have with it.
Dave Ervvin: I'm not—I'm not suggesting that—(inaudible) The Council make a decision
(inaudible) the Council is aware (inaudible)
Kim Housken: (inaudible) after we have had a chance to meet and you know, again,
we may agree to disagree but I know we can improve upon this document and I'm sure
Planning would even acknowledge it. They have already acknowledged there is
issues—or at least to clarify certain things. Our concern is they want to send this to the
Council Meeting on (February) the 28th. So when would Council be looking at our
minutes?
Dave Erwin: (barely audible) sounded like: whenever they're done. (inaudible) notes:
within a week?......recommended taking it off the agenda for the 28th. (inaudible)
..reschedule whenever ........(inaudible)
Kim Housken: I don't believe they used up the whole contract with LSA. I remember
Ali—
Dave Erwin: (inaudible)
Kim Housken: Ok I remember Ali specifically saying that-uh you know he wanted to
allow them to be able to come when it did go to Council and be there at the meeting. So
that has never happened so...
Dave Erwin: (inaudible) iYs entirely possible (notes) that contract covers that.
(Inaudible) ..my suggestion is.. (notes) IeYs see what council wants to do...(inaudible)
{Notes: It was my impression that Dave Erwin would recommend taking the
transcription of our minutes today and the two different approaches to the
ordinance (the committee's and staff s ) and have the City Council review them
and decide what they would like to do. }
Kim Housken: Ok—If thaYs gonna be the case then, I'll make the same motion I made
last time, I suppose, uh—I would like to see this going back to staff— meeting with us —
with the subcommitte�not even necessarily all of us; the three of us could really focus
on this and you know, going through our concerns—and your concerns. I mean, you
may have very valid reasons as to why you made changes. We're not—we're not locked
in stone here.
Jan Holmlund: There's our 39 page, red-lined document and I don't know if you've
been given that document— but, it might be worth your while to sit down and take a look
at it (inaudible) um and then talk. We have really tried to go out of our way to make
things comfortable for whoever reads this and uh — if you're going to make a motion
then I suggest you (inaudible) that document. I think — (inaudible)...and the document
Kim Housken: (inaudible) I would...
Jan Holmlund: Uh --that that go to the department and ...the original and then they can
see how far we are apart.
Kim Housken: and see how far we are close
Jan Holmlund: how far we..
Kim Housken: really—yeah—
Jan Holmlund: O.K. Well that would be my motion that this goes back to committees
and (inaudible) staff. I'm not comfortable with (inaudible) approving that (inaudible.)
Gale Broeker: seconded the motion.
All in favor—Ay—(all)
Jan Holmlund: (inaudible) (whether she had a copy of the staff report) Suzanne should
have a copy of this staff report...
Suzanne Cicchini: I think I should take a copy of that so I make sure I have exactly
what you're talking about.
Kim Housken: I have mine too—iYs not even been stapled. If you would want to make
a copy of that.
Jan Holmlund: Inaudible. .. mine though.
Kim Housken: Well--let's move on to something else. Reports and Remarks.
Committee Member Comments.
Jan Holmlund: I also have copies of (inaudible) the memorandum from the attorney.
Kim Housken: These are p�obably all things that Planning if they haven't seen should
have seen.
Jan Holmlund: Have you seen them? Memorandums from the attorney?
Renee Schrader: (inaudible) notes: City attorney versions?
Jan Holmlund: That the—
Kim Housken: These were the com...
Jan Holmlund: The Cultural Resources Ordinance? I have a copy of that. If you don't
have it.
Kim Housken: I do—these were the recommendations they gave to us in October of
'06 which by and large we incorporated all those into the....
Kim Housken: Ok —well --Announcements or Comments—since we don't really—uh
since our meeting this month has been cancelled — I will use this time to mention to
everybody that coming up on Friday, March 7th The California Preservation Foundation
is hosting a work shop up at Cal Poly Pomona regarding Identifying, Evaluating and
Preserving Modern Resources. Which I really strongly think at least one of us should
attend uhm and having said that—this will bring up another area of concern, Russell.
Previously, I know early on in our formation you know, Ali did have a budget and I
believe— Kent--was it $10,000.00?
Kent Routh: $10,000 bucks. We haven't been spending it.
Kim Housken: Well—no—and I'm sure iYs a year by year thing—and it was to attend
things like this work shop—it was to uhm get our membership in the California
Preservation Foundation and National, you know...
Kent Routh: Create the library and.. so on
Kim Housken: Yeah, exactly.
Kent Routh: (inaudible) —(agreeing with Kim)
Kim Housken: Kind of a way to function — and- and I know in the Fall there was a
request by one or two members to attend the Riverside County Historical Symposium—I
think maybe there was a $25.00 registration fee—which-which we were turned down
on. (Background: Dan Kaiser was the Acting Director at the time and had denied their
request—Russell Grance was not Director of Building and Safety at that time.) So—
hopefully, that isn't an indication of a continuing pattern because Ali( Hamidzadeh-
Former Director of Building and Safety) had been really you know positive about us
attending things like this and bringing the information back to share with the
committee. So hopefully— if one of us — maybe Bob-- um --or someone else is able to
attend—hopefully this is something that the you know, Building and Safety Depa�tment
will be able to cover.
Russell Grance: We'll see—I'll have to check into the budget.
Kim Housken: Ok—so that was one thing. Another thing is...
Jan Holmlund: While you're commenting — Did Bob get reimbursed for his uh --
Journey up to the other library—(inaudible)
Bob Pitchford: No (inaudible) —{Background: Bob Pitchford asked about
reimbursement and I asked him to provide receipts or some proof—such as
mileage for us to submit to City of Palm Desert Finance Department. He never did
pursue it or provide anything after that conversation—when he does, 1 can submit
the reimbursement request to Finance.}
Kim Housken( Laughing.) wow-- ( inaudible) (a few others talking at the same time)
(inaudible) —
(it sounded like Gale Broeker "we didn't even vote yet...')
Kim Housken: More laughing—Ahhhh
Kent Routh: Don't rub it in — (laughing)
(More—laughing.)
Kim Housken: Fortunately that ordinance hasn't been approved.—uh—Ok well—that --
I don't know the answer to that.
Bob Pitchford: No, I didn't submit them.
Kim Housken: Oh—
Kent Routh: Well—then do so.
Bob Pitchford: Suzanne made it so complicated. (There was laughing in the Group)
{A side note: I hope that Bob was kidding — My role in this situation was not
portrayed truthfully—He asked about reimbursement --I told him what we would
need. He never pursued it after that. I don't understand how I "made it so
complicated." Everyone expecting reimbursement from The City of Palm Desert
has to provide some documentation to receive reimbursement for an expense. I
felt somewhat humiliated to be characterized as "making something complicated"
in a public meeting because it was not true.)
Suzanne Cicchini: (Recording Secretary) We do need receipts you know—we do need
your receipts and your mileage —
Kent Routh: yeah
Kim Housken: The mileage is simple.
Suzanne Cicchini: I'm sorry we can't... (note: process reimbursement without some
documentation.)
Kim Housken: uh
Ken Routh: well (inaudible —talking while Kim started talking)
Kim Housken: another thing— and again this just kind of goes back to our issue with
the 50 question and so on. Over at the Visitors Center right now, they have an exhibit
on Sandpiper. Which if you haven't had a chance to stop by I encourage you to go by.
Uhm, I think this date in particular acknowledges that this region we live in is
somewhat of a hotbed of modern architecture—which would, you know, make you
question the 50 year requirement because that could exclude you know, significant
buildings that are left, which again, that is just merely-- as I'm sure—was it Renee?
Renee?
Renee Schrader: (inaudible)
—Oh—I'm sorry—your name is Renee then?
Renee Schrader: Yes
Kim Housken: Is that right? O.K. I mean—I'm certain then, with your background you
would also acknowledge that you know-50 years is just sort of— it's just sort of a
guide—certainly things that are less than 50 years of age can be considered historically
significant.
Renee Schrader: (inaudible) yes
Kim Housken: Certainly, O.K. —O.K. -- So here we have the Sandpiper Exhibit. Also,
in Palm Springs Life there's an article about Julius Schulman, the photographer which —
opening today up at the Palm Spring Museum is an exhibit. Julius Schulman Palm
Springs Exhibit which runs through May 4th. Uh—so-- and also today kicks off
Modernism Week in the whatever...
Jan Holmlund: There's a telephone number there if anyone wants to call and find out
the particulars of that exhibit.
Kent Routh: Yesterday's L.A. (Someone made a noise in the backgrounc�--sounds
like UH---) Times there's an article about modernism. And in fact, this morning's Desert
Sun.
Kim Housken: Desert Sun
Kent Routh: Also has a list of the exhibits and uh historic presentations—they quote
them as 60% off their taxes —so that—iYs not a secret anymore. Uh --We're here trying
to do what the public is becoming aware of.
Jan Holmlund: Maybe what you (both and Jan 8 Kent are speaking at the same
time)
Kent Routh: We're here to sell this valley.
Kim Housken: Absolutely— and-and you know, and that was brought up by someone
else, unfortunately, we just continue to focus on this ordinance— but we've again, using
the General Plan as our guide, you know we've been directed to educate the public.
And that is certainly something that we are aware of—and we have ideas that we have
been working on as well. You know, it's just that we have this hurdle of the ordinance
before us. Uhm—
Russell Grance: (inaudible) This special meeting (inaudible) notes: hopes to solve by
February 28, 2008.
Kim Housken: It has—another comment I have is regarding cancelled meetings. I'm
not really sure why this meeting was scheduled today, yet our end of the month meeting
was cancelled due to the um
(someone spoke in the background—one word—inaudible)
Kim Housken: supposed lack of agenda items. And so I'm gonna ask Russell why
was our meeting cancelled?
Russell Grance: This meeting was scheduled as a—as a Special Meeting just to go
over this ordinance. In hopes to get it on the 28th on to the City Council. That's all—
Kim Housken: And --So why..
Russell Grance: ThaYs-- that's the only reason.
Kim Housken: Ok—then so why was our meeting for the 29'h cancelled?
Russell Grance: Because we don't know the determination of what the Council's
action..
Kim Housken: (interrupts) or 26tn
Russell Grance: --on the ordinance..
Kim Housken: Ok-- but can we not meet? I mean—you know, the ordinance has been
on our agenda for almost two years now. So can't we meet still and discuss other
things—and so on?
Russell Grance: —if you'd like (inaudible.)
Kim Housken: Well--you know, I think we talked (someone else talking in the
background) about that um
Russell Grance: That would be for the work shops.
Kim Housken: Yeah I was gonna say you know, I mean, I mean --even the-the
ordinance we are operating under now, a regular meeting time shall be fixed—which is
the last Tuesday of the month at 10:00 o'clock. That's been fixed. So—to sit here and
tell me that if staff's not available...
Russell Grance: Well--fixed by who?
Kim Housken: .. to meet.
Russell Grance: Fixed by who—it doesn't state — so--IeYs make that clarification.
Kim Housken: Well—it is on the City website—it's on the City Website-they
acknowledge that
Russell Grance: I understand that --I understand that—but there was a comment made
earlier that it was the Committee's uh—no iYs not that—that doesn't say committee's
Jan Holmlund: Under the ordinance it does.
Russell Grance: No it doesn't. It says fixed dates — it doesn't say who establishes
those dates. That's just a point of clarification —They may appoint a committee that
establishes those dates.
Jan & Gale are speaking at about the same time: Jan Holmlund : Section 29.05
Gale Broeker: Historic Preservation Board ...(inaudible)
Jan Holmlund: Under the Historic Site Preservation Board, 29.305.080 time and p(ace
of regular meetings. A regular meeting time shall be fixed.
Russell Grance: Which
Jan Holmlund: Provided however, that meetings shall not be less than once every
three months.
Kim Housken: And we did—fix it -- we had fixed it in the past and we did adjust it
once—and that was a decision we made.
Jan Holmlund: Right.
Kim Housken: Right.
Jan Holmlund: And, and, and it-it generally—I mean - thaYs a common thing that
usually commission and committees—and that sort of thing —set their own private day
for meetings
Kim Housken: And also set their agendas.
Jan Holmlund: and set their agendas.
Kim Housken: Which hasn't happened in the past finro months.
Jan Holmlund: And —
Kim Housken: And I guess I'm concerned too so you know, that Council is going to
see due to lack of agenda items. No, actually, we have lots of things. This isn't really
(laughs) being honest.
Jan Holmlund: This isn't true.
Kim Housken: Yeah. We're not the ones that cancelled due to lack of agenda items.
So I'm hoping that at the very least —we will still have our March meeting because I
believe within the City Municipal Code, um we are directed to elect officers within the
first quarter . So you know, we really need to have the March meeting for nothing else
to elect officers.
Jan Holmlund: And we do need our work shop. Because this is the work shop material
for the uh Design — Beginning Design Book. And the Beginning Educational Material on
Historic Preservation. And thaYs in that packet that (inaudible) was supposed to be
working on—so you have that packet and look at it and can we have another work
shop? We can have subcommittees — uh—
Kim Housken: At the very least, that what I guess —
Jan Holmlund: that's what we'll have to do.
Kim Housken: ThaYs what we'll do.
(inaudible) —discussion of date — March 25tn
Russell Grance: March 25tn�
Kim Housken: ThaYs our regularly scheduled meeting...Now what about a work shop
at some point?
Russell Grance: That I don't know.
Kim Housken: When might you know?
Russell Grance: Well--You get us some dates —and we'll see what the availability is at
that time. (inaudible) (several people talking at once)
Kim Housken: Why, I'd just as soon go with the second Friday of the month — is
traditionally what we have done. (more talking in the background)
(Suzanne Cicchini mentioned to Russell: We have to have staff available. )
Kim Housken: O.K. — O.K. (inaudible) Is it the third or second? (inaudible talking in the
background) —it's been so long.(More discussion in the background)
O.K. --Maybe iYs the third. O.K. My mistake, third; I missed the boat. Third Friday. O.K.
Third Friday uh—the 21 st—wow— so that would just be four days before our meeting
for the... right
Kent Routh: We've done that before.
Kim Housken: Yeah --O.K. (more inaudible talking in the background) — correction-so
is it the second? It is the second then-- the second would be uh Friday, March 14th. So
can you all check on that then? Availability and so your all (inaudible) (more talking in
the background)
Kim Housken: No, no, no, not March 21 St
Russell Grance: The 25'n
Suzanne Cicchini: 25tn
Kim Housken: March 25�h would be our next scheduled meeting — O.K. Uh — and that
is listed on the notice of ineeting cancellation regarding our February Meeting. O.K. I'm
sorry--if I'm monopolizing...did anyone else have committee member comments?
ThaYs surprising for so long.
Jan Holmlund: I usually report on what happened in Rancho Mirage and I —but I
missed the meeting this month because they had to have it a week earlier. And—but I
brought the agenda. And so-- I'll just type those (inaudible) up—I didn't want to confuse
what we had here today.
Kim Housken: No, no, no. Well- and that's always kind of a standing item on our
Agenda so for our normal meeting—regularly scheduled meeting in March we can talk
about that—as well as our other things.
Jan Holmlund: And I have—I have the minutes of your last (inaudible) so I'll try to pick
up the minutes (inaudible) (Background: Jan attends the City of Rancho Mirage Historic
Preservation Commission Meetings and shares information from those meetings with
the Committee)
Kim Housken: Oh great! (inaudible talking in the background)
Kent Routh: And I haven't gone to the College of the Desert (inaudible) Background:
Kent attend the College of The Desert meetings and shares the information from those
meetings with the Committee.)
Kim Housken: Don?
Don Graybill: (inaudible) notes: all the photos that I take — we tried to look at them at
Bob's computer--inaudible) — all the photos are always available.
Kim Housken: Great!
Jan Holmlund: The calendar from the City this year is on recycling. And I just want to
remind everybody that a recycled historic preservation building has already paid its
energy debt. It's already paid—so the next time they do a recycling calendar let's make
sure we get historic preservation material in there.
Kim Housken: Well- it goes along with the whole City's set to save plan regarding you
know, conservation efforts.
Jan Holmlund: That's exactly right.
Kim Housken: Well—since we really don't have a spot on here to confirm our next
meeting—I don't know is that something we need to add or? What do you propose? So
we will be meeting on Tuesday, March 25th -- 10:00 a.m. here and hopefully having our
work shop on the 2"d Friday of the month. Friday, March 14th. And hopefully, even prior
to that our subcommittee will be able to meet with the Planning—and we'll make them
aware that we really are not—we're actually really very nice people. (laughing)
(A lot of talking in the background)
Kim Housken: (laughing) We're really —we're really —we're really pretty nice and
friendly-- you know. But uh— and I don't think we're that far off-- I really—so---
Jan Holmlund: Well, I think most of the things that we're concerned about can be put in
job descriptions — uh for personnel and uh department—you know, and be able to
explain it— and it shouldn't- shouldn't even be existing in here —io (inaudible) so
Gale Broeker: (inaudible)
Kim Housken: Oh—O.K. Can this wait until we adjourn—or is it?
Gale Broeker: No — uh—No, I well —(inaudible) we have this Drafting Effective
Historic Preservation Ordinances (inaudible) just came (inaudible)
Kim Housken: No, LSA gave us all a copy.
Gale Broeker: Yeah, O.K. Uh —there's another publication (inaudible) on Historic
Preservation, Number 13 on Conducting Surveys --I think we should have that you
know—
Kim Housken: Oh--That's easy, I mean, that's a simple download off the computer, I
think -- isn't it? Suzanne could you...
Jan Holmlund: Well, they could send it down too—
Kim Housken: It's—it's — I'll just give you my copy...it's just that we need 13 —
(inaudible) save our printer paper—I know I've used enough of my paper—
Kim Housken: O.K. having said that—we shall adjourn our meeting. (Meeting
Adjourned at 11:50 a.m.)
Jan Holmlund: I just want to say thank you to um our world traveler for the pralines—
oh—I love them—thank you so much! (Gale Broeker—laughing) That's very nice of you
to think of us. (inaudible) well—
Kim Housken: So thank you everybody for your patience today and so we're
adjourned.
�-�-� CITY OF PALM DESERT
� �
� � BUILDING & SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Russell A. Grance, Director of Building and Safety �'�
DATE: March 13, 2008
SUBJECT: Amendment to Staff Report dated March 13, 2008
ATTACHMENTS: Attorney and Staff Cultural Resources Ordinance
The following Cultural Resources Ordinance is submitted to Council for consideration as
well as the Cultural Resources Ordinance developed by the Historical Preservation
Committee and LSA (the Consultant)
Attorney/Staff Recommended Ordinance I
Title 29
CULTURAL RESOURCES
Chapters:
29.10 PURPOSE
29.20 DEFINITIONS
29.30 CULTURAL RESOURCES PRESERVATION COMMITTEE
29.40 LANDMARKS
29.50 HISTORIC DISTRICTS
29.60 CERTIFICATE OF APPROPRIATENESS PROCESS
29.70 PRESERVATION INCENTIVES
29.80 ENFORCEMENT AND PENALTIES
29.90 SEVERABILITY
Chapter 29.10
PURPOSE
29.10 Purpose.
The purpose of this chapter is to promote the public health, safety, and general welfare by
providing for the identification, designation, protection, enhancement, perpetuation and use
of cultural resources that reflect themes important in the city's history and to:
A. Foster civic and neighborhood pride and a sense of identity;
B. Safeguard and enhance the City's cultural, historic and architectural heritage;
C. Encourage and promote public knowledge, understanding and appreciation of the
City's past and its unique sense of place;
D. Promote private and public stewardship and use of cultural resources for the
education, enrichment and general welfare of the people;
E. Protect and enhance the city's attractions to residents, tourists and others, thereby
stimulating business and industry;
F. Stabilize and enhance property values and increase the economic benefits of
cultural resources preservation to the city and its residents;
G. Promote public awareness of the value of rehabilitation, adaptive reuse, restoration,
and maintenance of cultural resources as a means to conserve reusable material
and energy resources;
H. Identify and resolve conflicts between the preservation of cultural resources and
altemative land uses;
I. Encourage new development that wi!! be aesthetically compatible with existing
cultural resources; and
J. Implement the cultural resources goals and policies of the General Plan.
Cultural Resources Ordinance
February 2008
"Certified Local Government (CLG)" means a local government certified under federal
law by the California State Office of Historic Preservation for the purpose of more direct
participation in Federal and State historic preservation programs.
"Certified survey" means a survey that the Administrator or Committee has reviewed and
concurred with and has thereby certified. Resources with certified survey findings shall be
included in the Inventory. Certified surveys shall be submitted to the Eastem Information
Center(EIC).
"Character defining features" means the following natural or manmade elements of a
cultural resource or historic district: design and general arrangement or components of an
improvement(s), including but not limited to, site placement, height, scale, and setback; the
kind, color, and texture of the building materials; street design, including street lights,
parkway landscaping, and sidewalks; and the type and style of all windows, doors, lights,
signs, and other fixtures appurtenant to such improvement(s).
"Committee" means the Cultural Resources Preservation Committee.
"Contributing cultural resource to a historic district" means a building, site, structure,
place, improvement, street, streetlight, curb, sidewalk, street tree, parkway landscaping,
street furniture, sign, work of art, natural feature, significant tree, or object that dates to the
period of significance, retains integrity, and adds to the historic architectural qualities,
historic associations, or archaeological values for which the district is significant.
"Cultural resource" means a building, site, structure, place, improvement, street,
streetlight, curb, sidewalk, City-designated heritage tree, parkway landscaping, street
fumiture, sign, work of art, natural feature, or object, which may be of historic or
archaeological significance.
"Design guidelines" means the principles contained in a document approved by the
Administrator or Committee, which illustrate appropriate and inappropriate methods of
preservation, rehabilitation, restoration, alteration, and new construction.
"Designated cultural resource" means any cultural resource that has been designated as
a landmark or any collection of cultural resources that have been designated as a historic
district pursuant to this Title or are listed in the National Register of Historic Places or the
California Register of Historical Resources or is a Califomia Historical Landmark, a
California Point of Historical Interest, or a Riverside County Historical Landmark.
"Determined eligible" means any cultural resource which, in the past five years, has been
surveyed and recorded on the approved State Department of Parks and Recreation (DPR)
survey forms and has been determined eligible for designation at the Local, Regional,
State, or Federal level and certified as such by the Administrator, Committee, or the
California State Historic Preservation Officer.
Page 3 of 25
Cultural Resources Ordinance
February 2008
"National Register of Historic Places" means the Nation's official list of cultural
resources that meet the criteria for designation in the National Register and have been so
designated. The National Register is administered by the National Park Service, which is
part of the U.S. Department of the Interior.
"Natural feature" means any tree, plant life, habitat, geographical or geological site or
feature.
"Noncontributing feature to a historic district" means a feature, such as a building,
structure, sign, site, tree, landscape, or other object that does not add to the historic
architectural qualities, historic associations, or archaeological features for which a historic
district is significant because the feature was not present during the district's period of
historic significance or no longer possesses integrity.
"Object" means any material thing of functional, aesthetic, cultural, symbolic, or scientific
value.
"Period of significance" means a chronological period of time that relates to the themes
represented in the historic conte�.
"Preservation" means the identification, study, protection, restoration, rehabilitation, and/or
acquisition of cultural resources.
"Register" means the Palm Desert Register, which is a list established and maintained by
the City that includes all of the cultural resources in the City that have been registered
eligible or designated as landmarks, designated as contributors or non-contributors to
historic districts, or are registered in the National Register of Historic Places or the
California Register of Historical Resources or are California Historical Landmarks,
California Points of Historical Interest, or Riverside County Historical Landmarks.
"Registered eligible cultural resource" means a cultural resource that has been
determined eligible for designation by a certified survey and for which the property owner
has given written consent to be included in the Palm Desert Register.
"Substantial adverse change" means any demolition, destruction, relocation, or alteration
activities that would impair the significance of a cultural resource.
"Survey" means a systematic and standardized process for identifying and gathering data
on the community's cultural resources for the purpose of evaluating the resources per
Local, State, and/or Federal criteria.
"The Secretary of Interior's Standards for the Treatment of Historic Properties"
means the guidelines prepared by the National Park Service for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings and the standards fo� historic preservation
projects prepared by the National Park Service with the most current Guidelines for
Applying the Standards.
Page 5 of 25
Cultural Resources Ordinance
February 2008
29.30.060 Secretary.
The Administrator or designee shall serve as secretary. The secretary shall keep minutes
of each meeting, record the official actions taken, and perform other duties as the
Committee assigns.
29.30.070 Records.
The Administrator shall keep a record of its resolutions, proceedings, and transactions.
29.30.080 Powers and duties.
1. The powers and duties of the Administrator are in addition to those of the Committee
and are subject to Section 29.30.080(3) as follows:
A. Conduct or cause to be conducted a comprehensive survey to identify cultural
resources.
B. Compile, maintain and publish an up-to-date inventory of all cultural
resources with certified survey findings;
C. Compile, maintain and publish a Register to include designated and register
eligible cultural resources;
D. Approve, conditionally approve, or deny Certificate of Appropriateness
applications that are pursuant to Chapter 29.60.
E. Make recommendations to the City Council regarding the adoption of cultural
resources preservation incentives including, but not be limited to economic
and tax incentives, conservation easements, preservation easements,
acquisition or sale of property, development rights, fee adjustments and land
use, zoning, development restrictions.
F. Make recommendations to the City Council for enforcement and penalties
concerning matters covered in this title;
G. Ensure that cultural resources preservation is coordinated with other City
departments and agencies;
2. The powers and duties of the Committee are subject to Section 29.30.080(3) as
follows:
A. Certify survey findings at an agendized public meeting or authorize the
Administrator to certify survey findings administratively through a specific
findings process designated by the City Council.
B. Adopt and make available designation applications and review procedures by
which cultural resources may be designated as landmarks or historic districts.
C. Recommend to the City Council the inclusion or deletion of landmarks and
historic districts in the Register pursuant to the regulations of this title;
D. Encourage and foster public participation in the cultural resources survey and
designation processes;
E. Seek means and resources to appropriately identify landmarks and historic
Page 7 of 25
Cultural Resources Ordinance
February 2008
Chapter 29.40
LANDMARKS
29.40.010 Landmark designation criteria.
A cultural resource may be designated as a landmaric by the Ciry Council if, with written
consent of property owner, after completion of a certified survey and upon the
recommendation of the Committee, it is determined that it retains integrity as defined in
Chapter 29.20 and at a Local, State, Regional, or National level:
A. Is associated with an event or events that have made a significant contribution to
broad patterns of history; or
B. Is associated with the lives of persons significant in the past; or
C. Embodies distinctive characteristics, or is one of the few remaining examples of a
style, type, period or method of construction or possesses high artistic value; or
D. Represents the work of a master builder, designer or architect; or
E. Is an archaeological, paleontological, botanical, geological, topographical,
ecological, or geographical resource that has yielded or has the potential to yield
important information in history or prehistory; or
F. Reflects distinctive examples of community planning or significant development
pattems, including those associated with different eras of settlement and growth,
agriculture, or transportation.
29.40.020 Registered eligible cultural resources.
Based on a certified survey and using the criteria listed in Section 29.40.010, the
Administrator or Committee, with the property owner's consent, may at any time request to
place a cultural resource that has been dete'rmined eligible for designation as a landmark
on the Register. Register eligible cultural resources shall be subject to all applicable
requirements of this title and the property owner shall be so notified by mail. A cultural
resource determined eligible for designation as a landmark that does not receive written
consent from the property owner to be placed on the Register, shall be placed on the
Inventory only and shall not be subject to the requirements of this title. All cultural
resources listed in the Register, as well as those determined eligible for designation and
listed in the Inventory are subject to the requirements of CEQA.
29.40.030 Landmark designation initiation.
The designation of a landmark may be initiated by any person, organization or entity, but
may only be acted upon with written consent of the property owner. If property owner
consent is not obtained, the application shall be deemed incomplete and will not be
processed. Application shall be made upon such forms and accompanied by such data and
information as may be required for that purpose by the Committee to assure the fullest
practical presentation of the facts for proper consideration of the request. The survey
certification and landmark designation processes may be completed concurrently.
Page 9 of 25
Cultural Resources Ordinance
February 2008
29.40.090 Landmark designation resolution.
A landmark shall be designated by a resolution passed by the City Council, which provides
facts and findings based on the criteria for designation as set forth in this chapter.
29.40.100 Listing of Landmark designation.
The Inventory and the Register shall be updated by the Administrator to include the
property as a designated landmark. Whenever any project to be caRied out by the City may
have an impact on a designated landmark, reasonable notice shall be given to the
Committee by the City department(s) or division(s) responsible for the project, so that the
Committee may review and make recommendations concerning the project early in the
decision making process in accordance with the provisions of this title. Such review and
recommendation shall be accomplished within 30 days of such notice.
29.40.110 Notice of Landmark designation.
The property owner(s) shall receive a copy of the resolution establishing the landmark
designation and a letter explaining the designation and stating that the landmark is now
subject to all applicable requirements of this title. The City Clerk shall record all designating
resolutions in the office of the Riverside County Recorder. A Covenant and Agreement
shal! be recorded with the Riverside County Recorder that states that the property is a
designated landmark and is subject to all applicable provisions of Title 29.
29.40.120 Landmark plaque
The City shall designate a plaque to the property owner(s) that describes the significance of
the designated landmark. A Covenant and Agreement shall be signed by the City and the
property owner to ensure that the plaque will be prominently displayed in perpetuity at the
site of the landmark or returned to the Administrator if the landmark designation is
repealed. This document shall be recorded in the office of the Riverside County Recorder.
29.40.130 Repeal.
The repeal of a determination of eligibility or designation may be initiated by any person,
organization or entity. If the cultural resource no longer meets the designation criteria the
City Council with the recommendation of the Committee shall consider a repeal of a
previously approved determination of eligibility or landmark designation in the same
manner provided by this chapter for the determination or designation, except that the
consent of the property owner is not required. If the determination of eligibility or the
landmark designation is repealed, the Inventory and the Register shall be updated
accordingly and the landmark plaque shall be returned to the Administrator.
Page 11 of 25
Cultural Resources Ordinance
February 2008
A. Upon completion of a survey:
1. a subcommittee of the Committee shall be established to review the survey
findings and work with staff and the public during the designation process; and
2. a notice shall be mailed to all property owners and residents within the
preliminary district boundaries:
a. advising that the City is considering designating a historic district;
b. briefly explaining the designation process and stating that properties within a
designated district will be subject to all applicable regulations within this title;
and
c. inviting the public to a workshop at a specific date, time, and location.
B. The Committee's subcommittee along with the Administrator shall present at least
one public workshop, which shail include the following:
1. an explanation of the designation process;
2. a description of the benefits to and obligations of residents and owners of
property within the proposed district;
3. an explanation of any regulations, especially maintenance and design guidelines,
to be adopted in conjunction with the designation; and
4. a request for volunteers to participate on a citizen's advisory committee that will
assist with issues such as district boundaries, design guidelines, and district
signage.
C. The Committee's subcommittee and staff shall meet with the citizen's advisory
committee at least once to receive their input regarding the aforementioned issues
and any others that may be appropriate for discussion. Notice shall be given as set
forth in Section 29.50.060.
D. Prior to initiating the formal designation process, the Committee's subcommittee
and staff may hold another public workshop. All residents and owners of property
within the proposed district boundaries shall be notified by regular mail of each
workshop at least ten (10) days prior to said workshop.
E. When these procedures have been completed, the survey certification and historic
district designation processes shall be initiated. These processes may be completed
concurrently.
29.50.040 Historic District designation hearing date.
The matter shall be set for public hearing before the Committee at a date not more than
sixty (60) days from the filing of a complete application and the completion of the process
outlined in Section 29.50.030. Time periods shall be extended when necessary to comply
with the provisions of the California Environmental Quality Act (CEQA).
29.50.050 Historic District designation investigation.
To provide the necessary information to assure Committee action consistent with the
intent and purpose of this title, an investigation of the facts bearing on a historic district
application set for hearing shall be made by the Administrator.
Page 13 of 25
Cultural Resources Ordinance
February 2008
29.50.110 Notice of Historic District designation.
The Administrator will update the Inventory and the Register to include the district and all
contributing cultural resources and non-contributing features to the district. The City's
zoning map may be updated to show the HD-Historic District overlay zone on all properties
within the district. Whenever a project is to be carried out by the City in a designated
historic district, a description of the proposed project shall be given to the Administrator by
the City department or division responsible for the project so that the Administrator and/or
Committee may review and make recommendations on the project early in the decision
making process in accordance with the provisions of this title.
29.50.120 Repeal.
The repeal or modification of a historic district designation may be initiated by any person,
organization or entity. The City Council with the recommendation of the Committee may
consider amendments to or the repeal of a historic district that has been designated in the
same manner provided by this chapter for the designation, with the exception of Section
29.50.030.
A. The designation may be repealed if the majority of cultural resources no longer
meets the designation criteria.
B. The district may be amended to:
1. Include additional cultural resources that meet the designation criteria and have
been determined to contribute to the district and, when appropriate, the district
boundaries may be amended to reflect this; or
2. Eliminate individual cultural resources within the district that no longer meet the
designation criteria due to alterations or other conditions resulting in a loss of
integrity. Those resources may be determined not to contribute to the district and,
when appropriate, the district boundaries may be amended to reflect this.
In the event that the designation is repealed or the district is amended, the Inventory,
Register, and zoning map shall be updated accordingly. In addition, the Planning
Department shall initiate a rezoning case to remove the HD-Historic District overlay zoning
from any properties that are removed from a historic district.
Page 15 of 25
Cultural Resources Ordinance
February 2008
historic character of the property, but are not designated or listed as a
contributing feature to a historic district.
7. Installation or removal of inechanical equipment, including but not limited to
heating, air conditioning and ventilation, water heaters, satellite dishes and
electrical and plumbing improvements which are not visible from the public right
of way.
8. InstaHation of fire protection systems that are not visible from the public right of
way.
9. Paving for driveways, walkways and/or patios, and the addition of or alterations
to driveway approaches.
10. Exterior painting. Surfaces allowed to be painted include only those that were
originally intended to be painted unless it is unsafe to the health and welfare of
humans.
11. Exterior lighting.
12. Demolition or removal of non-contributing or inappropriate features of a cultural
resource, including additions, garages and accessory structures.
13. Demolition of a one-story, detached single-car garage and construction of a new
one-story, detached garage that is architecturally compatible with the existing
residence and does not exceed the square-footage of the original garage by
more than 200%.
14. Any other project determined by the Administrator to be minor that does not
materially alter significant features of cultural resources or have an adverse
affect on the significance of cultural resources or historic districts.
E. At the discretion of the Administrator, projects shall be subject to review and action
by the Committee.
F. The requirements of this Chapter are in addition to all other applicable City
requirements.
29.60.020 Referral to the Committee
The Administrator may refer a Certificate of Appropriateness application to the Committee
when he or she believes the importance of the cultural resource or the discrepancies
between the proposal and the findings and standards of this Chapter justify public review.
Any such referral shall be made within ten (10) days of the acceptance of a complete
application by the Administrator and shall be placed on the next available Committee
meeting agenda. Time periods shall be extended when necessary to comply with the
provisions of the Califomia Environmental Quality Act (CEQA).
A. Notice and Hearing for Certificate of Appropriateness.
1. Hearing. Upon the filing of a complete application, the matter shall be set for
public hearing before the Committee. The date of such hearing shall be not
more than thirty (30) days from the date of filing the complete application.
2. Hearing Notice. At least ten (10) days prior to the hearing before the
Committee, notice of the date, time, place and purpose of the hearing shall be
given by:
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Cultural Resources Ordinance
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29.60.070 Procedures for demolition or relocation.
Applications for demolition or relocation of cultural resources meeting the criteria listed in:
A. Section 29.60.010(A) (1) must complete the Certificate of Appropriateness process
pursuant to Chapter 29.60. The Administrator or the Committee may approve,
conditionally approve, or deny the application for demolition or relocation. The decision
of the Administrator or the Committee may be appealed to the City Council pursuant to
the procedures outlined in Section 29.60.130.
B. Section 29.60.010(A)(2), shall be referred to the Administrator for a period not to
exceed thirty (30) days, during which the necessary research will be completed to
determine whether or not the cultural resource is eligible for designation. This research
may be completed by either the Administrator. If the cultural resource is determined
eligible for designation, the time limit shall be extended to allow for completion of the
Certificate of Appropriateness process. The Committee may approve, conditionally
approve, or delay the application for demolition or relocation for up to sixty (60)
calendar days. The decision of the Committee may be appealed to the City Council
pursuant to the procedures outlined in Section 29.60.130.
29.60.080 Standards of design review.
The Administrator or Committee shall apply and consider the following when reviewing a
project pursuant to this chapter:
A. The Secretary of the Interior's Standards for the Treatment of Historic Properties
summarized as follows:
1. The anticipated use for the property remains that for which it was originally intended
or requires minimal alteration for the proposed reuse.
2. The distinguishing original qualities or character of a cultural resource or historic
district and its environment shall not be compromised. The removal or alteration of
any historic material or distinctive features should be avoided when possible.
3. All cultural resources shall be recognized as products of their own time. Alterations
that have no historical basis and which seek to recreate an earlier appearance shall
be discouraged.
4. Certain alterations which may have taken place in the course of time are potentially
significant to understanding the history and development of a cultural resource and
its environment. These historic alterations may have acquired significance in their
own right and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skiiled craftsmanship, which characterize
a cultural resource, shall be retained.
6. Deteriorated features shall be repaired rather than replaced, wherever possible. In
the event replacement is necessary, the new feature should match the feature being
replaced in material, composition, design, color, texture and other visual qualities.
Repair and replacement of missing features should be based on accurate
duplications of features, substantiated by historic, physical or pictorial evidence
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Cultural Resources Ordinance
February 2008
29.60.100 Decision time limit.
The application shall be considered by the Administrator or Committee within thirty (30)
calendar days for Certificates of Appropriateness. Such time period shall be calculated from
the date on which a complete application is accepted by the Administrator. However, such
time periods shall be extended when required to comply with the provisions of the
California Environmental Quality Act (CEQA). When required, a public hearing shall be
scheduled and notice provided per this Chapter and CEQA, when applicable.
29.60.110 Compliance with California Environmental Quality Act.
In conjunction with any public hearing or discretionary action required pursuant to this
chapter, the Administrator, Committee, and/or City Council shall require an environmental
review of the requested action in accordance with the California Environmental Quality Act
(CEQA). Depending on the nature and scope of the requested action, a negative declaration,
mitigated negative declaration, or environmental impact report may need to be prepared.
Such environmental documents shall be prepared based on CEQA, the state CEQA
guidelines, and the City of Palm Desert local CEQA guidelines.
29.60.120 City projects.
The provisions of this chapter shall also apply to projects affecting City-owned cultura!
resources listed in the Register. When acting on City projects the City Council or other City-
decision making body, entity or person shall apply the same standards, and make the same
findings required by this chapter for private projects.
29.60.130 Appeals.
A. Finality of Administrator or Committee decision.
Any decision or order of the Administrator or Committee under this chapter shall
become final if no appeal is submitted within the applicable time limits in this
chapter.
B. Appeal of Administrator actions.
Any person aggrieved or affected by a decision of the Administrator may appeal to
the Committee at any time within fifteen (15) calendar days after the date on which
the Administrator announces his or her decision. An appeal shall be taken by filing a
letter of appeal with the Committee secretary and paying an appeal fee as �
established by the City Council. Such letter of appeal shall set forth the grounds
upon which the appeal is based.
Notice of the hearing before the Committee shall be given in the same manner and
time as is required in Section 29.60.020 and written notice shall be given to the
appellant(s).
C. Appeal of Committee actions.
Any person aggrieved or affected by a decision of the Committee including any
decision on appeal of a decision of the Administrator, may appeal to the City Council
at any time within fifteen (15) calendar days after the date the Committee announces
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29.60.170 Application of the State Historical Building Code.
Pursuant to the State of California Health and Safety Code the Building Official shall apply
the State Historical Building Code in permitting repairs, alterations and additions necessary
for the preservation, restoration, rehabilitation, moving, or continued use of a designated
cultural resource.
Chapter 29.70
PRESERVATION INCENTIVES
29.70.010 Preservation incentives.
The City Council may by resolution establish preservation incentives to encourage owners
to designate, maintain, preserve, rehabilitate, and improve cultural resources. Preservation
incentives shall be made available to owners of designated cultural resources as defined in
Chapter 29.20 of this Title.
29.70.020 California State Historical Building Code.
The Building Official is authorized to use and shall use the State Historical Building Code
for projects involving designated cultural resources.
29.70.030 Mills Act Contracts.
Pursuant to California Govemment Code, Title 5, Chapter 1, Article 12, Section 50280
(known as the Mills Act), the City Council may establish a Mills Act Program providing for
contractual agreement with an owner of a cultural resource designated by the City Council
or listed in the National Register. The terms of the Mills Act Agreement allow for the owner
to receive a reduction in property taxes in exchange for the property owner's commitment to
specific repair, restoration and/or rehabilitation improvements and satisfactory maintenance
of the property. The Agreement shall include, but not be limited to, the contract provisions
as required under law and shall extend a minimum period of ten (10) years, renewed
annually, until and unless a notice of non-renewal or cancellation is filed. The application
process, review procedures, and required contract provisions for Mills Act Agreements shall
be established by separate resolution of the City Council and shall be implemented by the
Administrator or his or her designee.
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Cultural Resources Ordinance
February 2008
Chapter 29.90
SEVERABILITY
29.90.010 Severability.
If any section, sentence, clause, or phrase of this chapter is for any reason held to be
invalid by a decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this chapter. The City Council declares that it would
have passed this ordinance and adopted this title, and each section, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
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