HomeMy WebLinkAboutORD No. 1168 "Cultural Resources"
ORDINANCE NO. �16s
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
RESCINDING ITS ORDINANCE NO. 401 AND PROVIDING FOR THE
DESIGNATION AND PRESERVATION OF HISTORIC SITES AND
DISTRICTS, CREATING A CULTURAL RESOURCES PRESERVATION
COMMITTEE, REQUIRING CERTAIN CONSTRUCTION AND
ALTERATIONS TO BE APPROVED BY THE CULTURAL RESOURCES
PRESERVATION COMMITTEE, AND PROVIDING PENALTIES FOR
VIOLATION
WHEREAS, The Department of Building and Safety recommends that 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.
NOW THEREFORE, The City Council of the City of Palm Desert, California, does
hereby ordain as follows:
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 alternative land uses;
I. Encourage new development that will be aesthetically compatible with
existing cultural resources; and �
J. Implement the cultural resources goals and policies of the General Plan.
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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 Cultural Resources
program, provide professional support to the Committee, and manage the 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.
"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.
"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.
"Certificate of Appropriateness" means a certificate issued by the Administrator
approving plans, specifications, and/or statements of work, involving any proposed
alteration, restoration, rehabilitation, construction, removal, demolition, 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 50 years of age or older and not listed in the Inventory; or
2. is a visually prominent feature in the community; or
3. embodies the distinctive characteristics of a type, period, or method of
construction, or that represents the work of a master, or that possesses high
artistic values, or that represents a significant and distinguishable entity whose
components may lack individual distinction.
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"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 Eastern
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
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
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
California Historical Landmark, a California Point of Historical Interest, or a Riverside
County Historical Landmark.
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"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.
"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 Geographic 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 City Council or is listed in a County, State, or Federal
reg ister.
"Historic Thematic District" 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 style or building type and
have been designated as a historic district by the City Council or is listed in a county,
state, or federal register.
"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.
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"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 context.
"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.
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"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 for
historic preservation projects prepared by the National Park Service with the most
current Guidelines for Applying the Standards.
Chapter 29.30
CULTURAL RESOURCES PRESERVATION COMMITTEE
29.30.010 Created.
There is hereby created by the City of Palm Desert a Cultural Resources Preservation
Committee, consisting of seven members who shall be appointed by the City Council.
29.30.020 Members.
No less than four members are encouraged to be appointed from individuals that have
knowledge in the fields or disciplines of architecture, history, architectural history,
planning, pre-historic or historic archaeology, folklore, cultural anthropology, curator,
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 committee except in cases
where the city council deems it appropriate to appoint a nonresident with specific
expertise in preservation of cultural resources.
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 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.
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29.30.050 Rules and Regulations.
The Committee shall make and adopt rules and regulations for the conduct of its
business. The rules and regulations shall include a provision requiring the Committee 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 Committee to
hear, discuss, or deliberate on any item within their subject matter jurisdiction. Four
voting members shall constitute a quorum. The Committee shall act by a majority vote
of the quorum. The Committee shall be subject to, and shall comply with, the
requirements of the Brown Act.
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;
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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 districts with permanent City approved plaques and signs;
F. Initiate and prepare nominations of eligible City-owned cultural resources
to Local, State and National registers;
G. Adopt standards including design guidelines to be used by the Committee
and the Administrator in reviewing Certificate of Appropriateness
applications.
H. 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.
I. 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, and development restrictions.
J. 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.
K. 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;
L. As part of the City's CEQA review procedures if referred by City, 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;
M. 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;
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N. Prepare and adopt plans including design guidelines for the preservation
of cultural resources;
O. Review and make recommendations on zoning and general plan
amendments for the purpose of preserving cultural resources;
P. 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;
Q. Assume whatever responsibilities and duties may be assigned to the
Committee by the City Council under the Certified Local Government
provisions, of the National Historic Preservation Act of 1966 as amended;
R. Perform any other functions that may be designated by resolution or
motion of the City Council.
3. Any designation or certified survey of property shall require written consent of the
owner of the property.
Chapter 29.40
LANDMARKS
29.40.010 Landmark designation criteria.
A cultural resource may be designated as a landmark by the City 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 patterns, 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 determined eligible for designation as a
landmark on the Register. Register eligible cultural resources shall be subject to all
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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.
29.40.040 Landmark designation hearing date.
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 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).
29.40.050 Landmark 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 landmark
application set for hearing shall be made by the Administrator.
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29.40.060 Landmark designation 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:
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 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 Committee at the time and place
indicated in the required notices. The Committee may continue such hearing to a
specific time and place when such action is deemed necessary or desirable but no
longer than 60 days from the original hearing date or to such time that is approved by
the applicant.
29.40.080 Landmark designation process. '
The Committee 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 Committee's
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 Committee on the landmark
application and shall become final only after City Council's action.
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.
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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 carried 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 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 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, or
the property owner requests the designation be removed, the City Council 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. 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. As a condition of removal, the City Council may
require repayment of any preservation benefits awarded the owner of the resource
under section 29.70
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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 with the
written consent of the property owner may be designated as such by the City Council
upon the recommendation of the Committee 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 master builders, designers, or architects; or
E. Reflects distinctive examples of 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 pre-history.
29.50.020 Historic District designation initiation.
The request for designation of any 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 Committee 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. 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.
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.
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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 shall 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).
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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.
29.50.060 Historic District designation 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:
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 and to all
property owners within 300 ft. radius of the subject property.
The last known name and address of each owner 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.
29.50.070 Historic District designation hearing.
A public hearing shall be conducted before the Committee at the time and place
indicated in the notices. The Committee may continue such hearing to a specific time
and place when such action is deemed necessary or desirable but no longer than 60
days from the original hearing date.
29.50.080 Historic District designation process.
The City Council upon the recommendation of the Committee may recommend the
approval or denial of 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 and adopted by the City
Council, which provides facts and findings based on the criteria for designation as set
forth in this chapter.
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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 may 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 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.
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Chapter 29.60
CERTIFICATE OF APPROPRIATENESS PROCESS
29.60.010 Certificate of appropriateness required.
A. A Certificate of Appropriateness must be issued by the Administrator, 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 50 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 a master architect.
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 the existing building provisions 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 Building Official
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 Building Official 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 a 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 the property, but are not designated or listed as a
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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 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 California 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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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
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).
29.60.030 Application.
The 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 or Committee 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.
29.60.040 Review of alterations.
Pursuant to this chapter, the Committee or Administrator may approve, conditionally
approval, or deny an application for a Certificate of Appropriateness.
29.60.050 Procedures for designated cultural resources.
The Administrator or Committee shall review and act on projects affecting landmarks
and contributing and non-contributing features within a historic district.
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29.60.060 Procedures for registered eligible cultural resources.
Registered eligible cultural resources shall be subject to review by the Administrator or
Committee pursuant to this chapter.
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 skilled craftsmanship, which
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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 as designated by the
Secretary of the Interior Standards that shall avoid damage to the historic
materials.
8. Contemporary design for alterations and additions shall 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 shall 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, rules and regulations in the City of Palm Desert.
29.60.090 Decision and findings.
In determining whether to grant or deny a Certificate of Appropriateness the
Administrator or Committee 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;
F. 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
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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 Committee or City Council.
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 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.
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
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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 its 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. Within ten (10) days after the receipt of the letter of appeal, the
Committee 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 29.60.020 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 Committee. Such action by the City Council shall be final.
29.60.140 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, Committee or by the City Council on appeal, and then shall
be issued only 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 Committee determines otherwise or the demolition
permit is issued pursuant to Section 29.60.010(C).
29.60.150 Expiration of approval.
A 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 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 any request for a time extension or may refer
the request to the Committee, which may approve, conditionally approve, or deny any
request for a time extension.
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29.60.160 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 Administrator or
his designee to the full extent permissible by law.
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 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 Administrator 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California at its regular meeting held this _ day of , 2008, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN BENSON, Mayor
Al-f EST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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