ORD 536
ORDINANCE NO. 536
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF
TITLE 7 OF THE LA QUINTA MUNICIPAL CODE
th
WHEREAS, the City Council of the City of La Quinta, California did, on the 5 day
of April 2016, hold a duly noticed public hearing for review of a City-initiated request
of a Zoning Ordinance Amendment to modify Title 7 (Historic Preservation) of the La
Quinta Municipal Code; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did on
the 8th day of March 8, 2016, hold a duly noticed Public Hearing for review of a Zoning
Ordinance Amendment to amend Title 7 of the La Quinta Municipal Code, as identified
by Title of this Ordinance; and
WHEREAS, subsequent to said Public Hearing, the Planning Commission of the
City of La Quinta did adopt Planning Commission Resolution 2016-005 to recommend
to the City Council adoption of said Zone Ordinance Amendment; and,
WHEREAS, the Design and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on March 25, 2016, as prescribed
by the Municipal Code; and
WHEREAS, Title 7 of the Municipal Code contains the chapters that address
Historic Preservation; and
WHEREAS, a comprehensive review of Title 7 was undertaken to examine each
chapter for streamlining of the development review process; and
WHEREAS, amendments to several chapters of Title 7 are needed as a result of
the comprehensive review for the Development Code Tune Up; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons wanting to be heard, the City Council
did make the following mandatory findings to justify adoption of said Zoning
Ordinance Amendment:
1. Consistency with General Plan
The code amendment is consistent with the goals, objectives and policies of the
General Plan. The proposed amendments are supported by Program LU-3.3.a,
to provide incentives in the Zoning Ordinance for creative and high quality
development; Policy LU-5.2, Consider changes in market demand in residential
product type to meet the needs of current and future residents.
Ordinance No. 536
Amendment to Title 7 Historic Preservation
Adopted: April 19, 2016
Page 2 of 10
2. Public Welfare
Approval of the code amendment will not create conditions materially
detrimental to the public health, safety and general welfare.The amendment
streamlines the development review process and does not incorporate any
changes that affect the regulation and/or provision of public services, utility
systems, or other foreseeable health, safety and welfare considerations
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 7.02 GENERAL RESULATION AND ADMINSTRATION shall be
amended as written in Exhibit A attached hereto.
SECTION 2. CHAPTER 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND
HISTORIC DISTRICTS shall be amended as written in Exhibit A attached hereto.
SECTION 3. CHAPTER 7.10 ENFORCEMENT-PENALTIES shall be amended as written
in Exhibit A attached hereto.
SECTION 4. The proposed zone text amendment is exempt from environmental review
under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions --- General Rule,
in that it can be seen with certainty that there is no possibility for this action to have a
significant effect on the environment, and individual development plans will be
reviewed under CEQA as they are proposed.
SECTION 5. That the City Council does hereby approve Zoning Ordinance Amendment
2016-0001, as set forth in attached Exhibit ‘‘A,’’ for the reasons set forth in this
Ordinance.
SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 7. The City Clerk shall, within 15 days after passage of this Ordinance, cause
it to be posted in at least three public places designated by resolution of the City
Council, shall certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting to be entered into
the Book of Ordinances of the City of La Quinta.
Ordinance No. 536
Amendment to Title 7 Historic Preservation
Adopted: April 19, 2016
Page 3 of 10
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 19th of April, 2016 by the following vote:
AYES: Council Members Franklin, Osborne, Peña, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
____________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_____________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_____________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 536
Amendment to Title 7 Historic Preservation
Adopted: April 19, 2016
Page 4 of 10
EXHIBIT A
7.02.040 Definitions.
Whenever the following words or terms are used in this title they shall have the
meaning established by this section:
A. “Alteration” means any change or modification, through public or private
action, of any historic resource or of any property located within a historic
district, including, but not limited to, exterior changes to or modifications of a
structure or any of its architectural details or visual characteristics, including
paint color and surface texture, grading, surface paving, new structures, cutting
or removal of trees and other natural features, disturbances of archaeological
sites or areas, and the placement or removal of any objects such as signs,
plaques, light fixtures, street furniture, walls, fences, steps, plantings and
landscape accessories affecting the historic qualities of the property.
B. “Archaeological site” means an area where remains of man or his activities
prior to keeping of history are still evident.
C. “Certificate of appropriateness” means a certificate issued by the city council
approving such plans, specifications, design or statements of work for any
proposed alteration, restoration, construction, removal, relocation or
demolition, in whole or in part, of or to any historic resource or to any
improvement within a historic district.
D. “Commission” means the planning commission established by this title.
E. “Contributing structure” means a structure within a designated historic district
which has a special character, special historic or aesthetic interest or value, and
is incorporated into the district for that reason.
F. “Exterior architectural feature” means the architectural style, design, general
arrangement, components and natural features and all the outer surfaces of
the improvement, including, but not limited to, the kind and texture of the
building material, the type and style of all windows, doors, lights, signs, walls,
fences, and other fixtures appurtenant to such improvement, and the natural
form and appearance of any grade, rock, body of water, stream, tree, plant,
shrub, road, path, walkway, plaza, fountain, sculpture, or other form of natural
or artificial landscaping.
G. “Historic district” means any area which contains one or more historic
resources or landmarks which has a special character or special historical value,
Ordinance No. 536
Amendment to Title 7 Historic Preservation
Adopted: April 19, 2016
Page 5 of 10
along with other structural, cultural, architectural, archaeological, agricultural,
community or aesthetic value, or which represents one or more architectural
periods or styles typical to the history of the city, that has been designated a
historic district pursuant to this title.
H. “Historic resource” means improvements, including, but not necessarily limited
to, buildings, landscape, structures, signs, features, sites, places, areas, or other
objects of scientific, aesthetic, educational, cultural, architectural, agricultural
or historic significance to the citizens of the city.
I. “Historic resources inventory” means the historic resources inventory adopted
and maintained by council pursuant to Chapter 7.06 of this title.
J. “Improvement” means any building, structure, place, site, structural work of
art, landscape feature, plant life, life-form, scenic condition, parking facility,
fence, gate, wall or other object constituting a physical betterment of real
property, or any part of such betterment.
K. “Landmark” means any property or improvement, manmade or natural, which
has special historic, cultural, architectural, archaeological, community interest
or value as part of the development, heritage or history of the city, the state of
California, or the nation, and that has been designated as a landmark pursuant
to this title.
L. “Ordinary maintenance” means any cleaning, painting, and/or other restoration
which does not result in the alteration of an improvement or landmark.
M. “Paleontological site” means an area where fossilized or otherwise preserved
remains of plants or animals which generally predate man’s emergence on the
earth are still evident.
N. “Person” means any individual, association, partnership, firm, corporation,
public agency, or political subdivision.
O. “Secretary of the Interior’s Standards for Rehabilitation” means the Secretary of
the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings by the U.S. Department of the Interior, or the National Park
Service.
P. “Site” means any parcel or portion of real property which has special
character or special historic, cultural, archaeological, architectural,
community or aesthetic value. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)
Ordinance No. 536
Amendment to Title 7 Historic Preservation
Adopted: April 19, 2016
Page 6 of 10
7.02.050 Review of development plan. (To be deleted in its entirety)
CHAPTER 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC
DISTRICTS
7.06.010 Establishment of historic resources inventory.
The city council shall establish and maintain a historic resources inventory according
to the requirements of the State Historic Preservation Office. (Ord. 238 § 2, 1993; Ord.
207 § 1, 1992)
7.06.020 Criteria for historic resources inventory.
A historic resource may be considered for inclusion in the historic resource inventory
based on one or more of the following:
A. It exemplifies or reflects special elements of the city's cultural, social,
economic, political, aesthetic, engineering or architectural history; or
B. It is identified with persons or events significant in local, state or national
history; or
C. It embodies distinctive characteristics of a style, type, period or method of
construction, is a valuable example of the use of indigenous materials or
craftsmanship or is representative of a notable work of an acclaimed builder,
designer or architect; or
D. It is an archaeological, paleontological, botanical, geological, topographical,
ecological or geographical site which has the potential of yielding information
of scientific value; or
E. It is a geographically definable area possessing concentration of site, buildings,
structures, improvements or objects linked historically through location, design,
setting, materials, workmanship, feeling and/or association, in which the
collective value of the improvements may be greater than the value of each
individual improvement. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)
7.06.030 Landmark designation procedures.
Landmarks shall be established by the city council in the following manner:
A. Any person may request the designation of an improvement as a landmark by
submitting a written request for such designation to the planning commission.
Ordinance No. 536
Amendment to Title 7 Historic Preservation
Adopted: April 19, 2016
Page 7 of 10
The planning commission or city council may also initiate such proceedings by
motion.
B. Any such request shall be filed with the planning and development department
upon prescribed forms and shall include the following data:
1. Name and address of property owner and assessor's parcel number and
address of site;
2. Description of the proposed landmark, including special aesthetic, cultural,
architectural or engineering interest or value of a historic nature, including
information about the architecture, notable features, construction and other
information indicating the historical significance of the site;
3. Sketches, photographs or drawings;
4. Statement of condition of the improvement;
5. Explanation of any known threats to the improvement of the site;
6. Additional information:
a. Site plan in appropriate scale,
b. Legal description of the property,
c. Photographs, old and recent,
d. Proposed use,
e. Existing zoning,
f. Bibliography and references,
g. Chain of title, if available.
C. Within forty-five days of the date of the request, the commission shall hold a
public hearing to review the landmark application according to the criteria of
Section 7.06.020.
D. Notice of the public hearing shall be published in a paper of local circulation at
least ten days prior to the hearing date. In addition, notice of the date, place,
time and purpose of the hearing shall be mailed, return receipt requested, to
the owner of the proposed landmark property as shown on the last equalized
assessment role at least fourteen days prior to the date of the public hearing.
Failure to send notice by mail to any property owner when the address of such
owner is not on the latest equalized assessment role shall not invalidate any
proceedings in connection with the proposed designation.
E. A notice of the request for designation as a landmark shall be forwarded to the
building and safety department and no building or demolition permits for any
Ordinance No. 536
Amendment to Title 7 Historic Preservation
Adopted: April 19, 2016
Page 8 of 10
alteration to any exterior architectural features of the proposed landmark shall
be issued while the matter is pending final decision.
F. After the public hearing, the commission shall, by resolution, make a report and
recommendation to the city council. If the commission determines that the
improvement does not meet landmark criteria, the process shall terminate and
the commission shall notify the property owner and applicant of such
termination in writing within ten days of the commission's determination. If the
commission determines that the historical resource warrants landmark
designation and the property owner has consented to same in writing, then the
commission shall submit a written recommendation to the city council
incorporating its reasons in support of the proposed landmark designation.
Without the property owner's consent to the proposed designation, the
proposal shall terminate.
G. The city council shall hold a public hearing on the proposed historic landmark
designation within thirty days of the receipt of the recommendation from the
commission.
H. At the conclusion of the public hearing on the proposed designation, the city
council shall, by resolution, designate, conditionally designate, or disapprove
the designation of the landmark. Written notice of the city council action shall
be mailed to the property owner. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)
7.06.040 Historic district designation procedures.
Historic districts shall be established by the city council in the following manner:
A. The procedures for designating a historic district shall be the same as for
designating a landmark, except as otherwise provided in this section.
B. Any application for designation of a historic district shall be filed with the
planning and development department upon the prescribed form and shall
include the following data:
1. Boundaries of the proposed district and a list of names and addresses of
property owners, assessor's parcel numbers and addresses of properties
within the boundaries;
2. Description of the proposed historic district, including special aesthetic,
cultural, architectural or engineering interest or value of a historical
nature;
3. Sketches, photographs or drawings;
Ordinance No. 536
Amendment to Title 7 Historic Preservation
Adopted: April 19, 2016
Page 9 of 10
4. Statement of condition of structures and improvements within the district;
5. Explanation of any known threats to any historic resource within the district;
6. Other information requested by the planning and development department.
C. If written consent of two-thirds of the owners of property within the proposed
district to the proposed designation is not obtained at the time of the planning
commission hearing, the process shall terminate and the commission shall
notify the property owners and applicant of the termination within fourteen
days of the commission's determination.
D. If the commission determines that the area warrants historic district
designation, it shall submit a written recommendation to the city council
incorporating its reasons in support of the proposed district designation, within
thirty days of its decision. Such recommendation shall include a report
containing the following information:
1. A map showing the proposed boundaries of the historic district and
identifying all structures within the boundaries, contributing or
noncontributing;
2. An explanation of the significance of the proposed district and description of
the cultural resources within the proposed boundaries;
3. Recommendations as to appropriate permitted uses, special uses, height
and area regulations, minimum dwelling size, floor area, sign regulations,
parking regulations and any other modification to existing development
standards necessary or appropriate to the preservation of the proposed
historic district;
4. Proposed design guidelines for applying the criteria for review of certificates
of appropriateness to the nominated historic district. (Ord. 238 § 2, 1993;
Ord. 207 § 1, 1992)
7.10.020 Restitution.
Upon damage, destruction or removal of a historic resource, designated landmark or
historic district without permit, the planning commission shall review the action and
make recommendation for restitution commensurate with damage inflicted,
specifically assessing the historic, as well as economic, value of the resource
destroyed. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)
Ordinance No. 536
Amendment to Title 7 Historic Preservation
Adopted: April 19, 2016
Page 10 of 10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 536 which was
introduced at a regular meeting on the 5th day of April, 2016, and was adopted at a
regular meeting held on the 19th day of April, 2016, not being less than 5 days after
the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in the Rules of Procedure adopted by City Council
Resolution No. 2014-013.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on April 20, 2016 , pursuant to Council Resolution.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California