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HomeMy WebLinkAboutSR - ORD 1168 - Cultural Resources Prsrvtn CmteMEETING DATE (2s CMii', UED TO CITY OF PALM DES R`F' ' A'B TO `N° READING BUILDING & SAFETY DEPARTMENT w. STAFF REPORT TO: Honorable Mayor and City Council REQUEST: 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: September 25, 2008 CONTENTS: Ordinance NO.1168 Title 29, Cultural Resources Recommendation: 1. Waive further reading and pass Ordinance NO.1168, to second reading, providing for the identification, designation, protection and enhancement of the City's cultural resources. Background: In 1984, City of Palm Desert Ordinance No. 401 was originally created and adopted as Chapter 29 of the Palm Desert Municipal Code. On September 23, 2004, the Historic Preservation Committee (Committee) was formed. This Committee has worked together to enforce the contents of the existing ordinance. However, there are many areas of the current ordinance that need to be revisited due to vague language and inconsistencies. This could create substantial hardship on property owners, which could result in legal and enforcement issues of the ordinance. On several occasions the City Attorney was consulted for clarification of the ordinance and its language. 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 G:\Bu ildingSfty\Suzan neCicchini\WordFiles\StaffReports\StaffReport092508.doc Staff Report Cultural Resources Ordinance September 25, 2008 Page 2 Consultant should be hired to work together with City staff and the Committee to make the appropriate modifications to the existing ordinance. Staff has worked diligently with the City Attorney, LSA (the consultant), and the Committee to develop an 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. There still remained differences between the recommendation of staff and those of the Committee therefore at the March 13, 2008 council meeting City Council directed staff to appoint a subcommittee comprising two Council representatives, two Committee members, two Real Estate agents, two city residents, City Attorney and staff to work through the remaining issues and return to Council with a recommendation. The subcommittees met on two different occasions, May 12, 2008 and July 9, 2008 and have unanimously agreed on the remaining issues. At the August 28, 2008 council meeting, City Council directed staff to finalize the Cultural Resources Ordinance based on the outcome of the subcommittee's recommendations. Submitted By: ,,„,,,,i),Q A 144,d,,,Q___ Russell A. Grance Director of Building & Safety Approval: Carlos Ortega City Manager Revi Homer C AssistantManager Develop nt Services ncur: David J. Erwin City Attorney G:\Build ingSfty\SuzanneCicchini\WordFiles\StaffReports\StaffReport092508.doc