1994 09 15 HPCOF
HISTORICAL PRESERVATION COMMISSION
A G E N D A
An Regular Meeting to be
Held in the Session Room at the
La Quinta City Hall, 78-495 Calle Tampico
La Quinta, California
September 15, 1994
3:30 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC CONVqENT
This is the time set aside for citizens to address the Historical Preservation Commission
on matters relating to historic resources within the City of La Quinta which are not
Agenda items. When addressing the Historical Commission, please state your name and
address. When addressing the Commission on matters pertaining to prehistoric sites, do
not disclose the exact location of the site(s) for their protection.
BUSINESS SESSION
1. Hacienda del Gato
2. Rules and Procedures
3. Rules of Conduct for a Public Hearing
4. California Local Government (CLG) application
5. Mills Act
6. Historic Preservation Element - La Quinta General Plan
CONSENT CALENDAR
Approval of the Minutes of the Historical Preservation meeting of July 21, 1994.
OTHER
ADJOURNMENT
001
HPC/AGENDA
BI #1
STAFF REPORT
HISTORIC PRESERVATION COMMISSION
Date: September 15, 1994
Item: Hacienda Del Gato
Background:
At the July 21, 1994� HPC meeting, staff was directed to amend and for -ward a letter from
the Commission to the Resolution Trust Corporation (RTC) concerning the Hacienda Del
Gato property. Attachment I contains the letter that was sent to the RTC.
On August 25, 1994, staff received a telephone call from Mr. John Gamlin, an employee
of the Landmark Land Company of California, Inc. Mr. Gamlin confirmed receipt of the
letter. He requested clarification on the letter, which staff provided during the
conversation, and stated that he would respond with a letter to the HPC. This letter is
found in Attachment 2.
The HPC also directed staff to inform the Building and Safety Department about the
historic significance of the Hacienda and to be alter to any requests for grading ,
demolition, or construction permit requests or activity on the property. Attachment 3
contains the memorandum that was send to the Building and Safety Department.
Discussion:
Considering the response from Mr. Gamlin, it appears prudent to wait until after the
property has been sold and then make contact with the new owners concerning
preservation of the hacienda.
Attachments:
1. Letter dated July 22, 1994, to the RTC
2. Letter dated August 30,1994, from John Gamlin of Landmark Land Company
3. Memorandum dated July 26, 1994, to the Building & Safety Department
W., �
002
Attachment 1
78496 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 - (619) 777-7000
FAX (619) 777-7101
July 22, 1994
Mr. Chevis Hosea
Resolution Trust Corporation
79-999 Old Avenue 52
La Quinta, CA 92253
SUBJECT: STATUS OF HACIENDA DEL GATO
Dear Mr. Hosea:
The Historical Preservation Commission of the City of La Quinta has a keen interest in the
status of Hacienda del Gato. As you are surely aware, this property has important historical
significance on the local level as well as a regional level. The City's General Plan lists the
property as a historic structure. The Eastern Information Center at the University of California
lists the property as a historic property on the State Register. It is possible that the property is
eligible for listing on the National Register.
We are concerned about the preservation and maintenance of the house and the grounds
immediately around the house. There is concern that the property is not being maintained.
Please let me bring to your attention Section 7.08.040 of the Historic Preservation Ordinance,
which is attached for your information. This section requires that historic properties be
maintained in good repair to prevent deterioration. It is our sincere hope that every effort to
maintain Hacienda del Gato is being made, especially while its ownership is in transition. It
would be a major loss to the citizens of La Quinta if this important resource was not preserved.
In this spirit, we would like to request your permission to proceed with the recordation
procedures for nomination to the National Register for Historic Places for this property. As the
current owner of the propej , you must agree to its nomination prior to submittal of forms to
the National Register for review.
In addition, the Commission would lite to request permission to visit the site September 15th, at
2:00 P.M., as part of the Commission's regular meeting. Your response to these requests would
be appreciated at your earliest convenience so that arrangements can be made. Please contact
Whe Mouriquand-Cherry (619-777-7068) in the Planning and Development Department, who is
our staff representative.
There are avenues of preservation that the future owners can explore-, that include tax credits,
adaptive reuse, and preservation easements. Grant monies are available from the Federal and
State levels that fund restoration and preservation of selected resources such as Hacienda del
Gato. Please consider our inquiry as a sincere expression of concern and willingness to work
—A a- -.. -C t. : A-
widi me RIC aidur me future owners Low s prcsery die ac
0 0 J11 *
MAILING ADDRESS - P.O. BOX 1504 - LA 01ANTA, CAUFORNIA 92253
LTRLC.048
Your response to this letter is welcome and encouraged.
Very truly yours,
94.
NED MILLIS, Chairman
Historical Preservation Commission
NM:LMC:bjs
004
LTRLC.048
AttaChment 2
LANDMARK LAND COMPANY OF CALHORNIAq INC.
78-505 Old Avenue 52 0 IA Quinta 0 California 0 92253
Phone: (619) 564-8158 0 Fax: (619) 564-8126
August 30, 1994
Leslie Mouriquand-Cherry
CITY OF IA QUINTA
Plannin and Development Department
78-495 Calle Tampico
La Quinta, CA 92253
Re: Hacienda Del Galo
Dear Ms. Mouriquand-Cherry:
1.4 b
I am in receipt of Mr. Millis' letter of July 22, 1994 which was addressed to Chevis HoseL
Mr. Hosea is no longer with the Resolution Trust Corporation so I am in a position to respond.
First, we are aware of the importance the local historically -minded community places on the
Hacienda Del Gato. I was somewhat surprised however at the assertion that the property might
be listed on the State Register as an historic property. After our telephone conversation I was
led to conclude that while the property might be a candidate on a list, due to the lack of a
complete historical record it might not be formally fisted. It is difficult to assunie otherwise
given that the staff environmental assessment for Tr 27613 did not mention any such
de4nation.
Second, I was a bit concerned that the city would intimate on its letterhead, based on secondhand
knowledge, that the property is not being maintained. Plem be aware that the RTC has spent
a considerable sum on regular weekly maintenance of the grounds surrounding the Hacienda.
Perhaps there is sonic confusion. The lands outside the Hacienda parcel are planted with
varieties of citrus. Most of these trm are in various stages of dieback due to a lack of
irrigation water. Plem be advised that most of thew trees have not been watered in many
years. It is my understanding that this is due primarily to the Lack of an irrigation system. The
old system was largely destroyed when substantial flood control unprovements to the property
were made by Coachella Valley Water District None of the previous landowners invested in
a new irrigation system and this was not judged to be a prudent expenditure by Oak Tree Federal
Savings Bank during its short holding period. We did, however nstall some drip irrigation on
the trees lining the main driveways. Unfortunately, many of these trees were too far gone to
save.
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We are engaged in the market and sale of this property as part of a second sale of Landmark
Subsidiary and Oak Tree assets. This sale is scheduled to occur on September 13, 1994. It's
unfortunate that die city would send such a letter during a period when we are trying to attract
good investors that will benefit the property and ultimately die city without closely checking the
fikctg.
Regarding your request to visa the site and proceed with recordation procedures for nomination
to the Nadond Register for Historic Places, we are unable to accommodate you. As I indicated,
the remainder of RTC's holding period as Conservator for Oak Tree is very short. It would be
perhaps a more fruitful and productive use of your time to pursue discussions with the future
owner after closing. I suggest that the city monitor the sale of the property to identify the
appropriate parties to contact after the sale has been consummated. Meanwhile, please be
assured that all of the entitlement documentation, which includes information and conditions of
approval about the Hacienda, has been placed in the portfolio data reviewed by investors.
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cc: V. Uck" Carney, M
Wayne E. Burger
Rick Searles
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DATE:
TO:
FROM:
VIA:
SUBJECT:
E.
MEMORANDUM
JULY 26, 1994
BUILDING AND SAFETY DEPARTMENT
0 Attachment 3
JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR 40?>e� P., eq4L
LESLIE MOURIQUAND-CHERRY, ASSOCIATE PLANNER rs tn
HACIENDA DEL GATO
The property known as the Hacienda del Gato, located on Old Avenue 52, at the
southern terminus of Washington Street, has recently come to the attention of the
Historic Preservation Commission (HPC) and the Art in Public Places Committee
(APP). These two bodies are both interested in the preservation and adaptive reuse
of the property. The hacienda has local historical significance, and probably has
regional significance. The HPC is a very interested in preparing a nomination of the
property to the National Register of Historic Places.
I call this to your attention so as to enlist your support in preservation of the
property in a "watch dog" fashion. Please be alert to any demolition, grading, or
construction permit applications or activity on this property. There is concern the
property is not being maintained. The pending auction by the RTC in the near
future creates unknown factors to be concerned with.
M�LC. 02 3
007
READING
MATER. IAL
008
TAty 4 40" FILE COPY
78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA. 922S3 - (619) 777-7000
FAX (619) 777-7101
July 26, 1994
Eastern Information Center
Department of Anthropology
University of California
Riverside, CA 92521
SUBJECT: REQUEST FOR INFORMATION ON HACIENDA DEL GATO (AKA: JOHN
MARSHALL RANCH OR FRITZ BURNS RANCH)
Dear Sir/Madam:
The Historic Preservation Commission of the City of La Quints. is gathering
information on the historic property known as the Hacienda del Gato. This property
is located on Old Avenue 52 at the southern extension of Washington Street, in the
City of La Quinta. A copy of the La Quints, quad with the property marked is
attached. This property is listed as a local historic resource on the La Quinta
General Plan.
The Commission has approached the property owner about recordation of and
nomination to the National Register of Historic Places. In order to begin this
process, we request a copy of any information that you may have concerning the
hacienda. If photocopying fees are required, please forward an estimate prior to
commencing work. Your attention to this request will be sincerely appreciated.
Should you have any questions concerning this letter, please contact the
undersigned.
Very truly yours,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
L SLIE MOURIQUAND-CHERr
Associate Planner
LMC: kaf
Attachment
A -I-
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA. CALIFORNIA 922 � " *
5j,� 009
it.
STAFF REPORT
HISTORICAL PRESERVATION COMMISSION
DATE: SEPTEMBER 15, 1994
ITEM: RULES AND PROCEDURES
BACKGROUND:
Ordinance 238 - Historic Preservation calls for the adoption of operating rules and bylaws in
Section 7.04.040(B) of the La Quinta Municipal Code. Staff has prepared a draft of Rules and
Procedures for the Historical Preservation Commission (Attachment 1). This draft is patterned
after rules and procedures for other City committees, boards, and commissions. Council
approval is required for this document.
RECOMMENDATION:
Move to recommend to the City Council, approval of the proposed Rules and Procedures for the
Historical Preservation Commission.
Attachments:
Draft Historical Preservation Rules and Procedures
HPCSTP.005
k. ! 1 4 �
j 010
HISTORICAL PRESERVATION COMMISSION
RULES AND PROCEDURES
A. GENERA
Functions
a. The primary function of the Historical Preservation Commission will be
to:
I.') Act in an advisory capacity to the City Council in all matters
relating to the identification, protection, retention, and preservation
of historic areas and sites within the City.
2.) Prepare historic survey guidelines; designate historic sites,
landmarks and districts; prepare standards for review of
applications for permits to alter or remove any historic resources.
3.) Respond to any other matter which the City Council deems
necessary to protect historic resources.
2. Membership and Term of Office
a. The City Council hereby establishes a "Historical Preservation
Commission" (the "Commission") composed of three professional and two
lay members. The Commission will be composed of five members. The
Commission will be a standing commission appointed by the City Council.
b. Commission members will serve for staggered three year terms beginning
on July 1. Initially two members will serve three year terms and three
members for two years.
3. Officers and Terms of Office
a. The officers of the Historical Preservation Commission shall be a
chairman and vice chairman, both who shall be elected at the first meeting
held after June 30th each year.
b. The chairman and vice chairman shall hold office for one (1) year and
thereafter until their successors are elected. No chairman shall serve for
more than two consecutive terms. In the case of a vacancy in office, the
vacancy shall be filled by an appointment of the City Council.
4. Duties f Officers and Staff
FORM.HPC
1&.1U k-, 011
a. Chairman: The chairman shall preside at all meetings of the Commission
Hc/She shall appoint all committees and shall perform all duties
necessary, customary or incidental to the office.
b. Vice Chairman: The vice chairman shall preside in the absence of the
chairman. The vice chairman shall have the power to function in the
same capacity as the chairman in case of the chairman's inability to act.
In the event of the absence of both the chairman and vice chairman, the
remaining members of the Commission shall appoint one (1) of their
number to act as temporary chairman.
C. Secretary: The City shall provide a recording secretary for the
Commission meetings. The secretary shall prepare agendas, maintain
minutes of the meetings, and keep records of the official actions of the
Commission.
5. Meetings
FORM.HPC
a. The Commission will meet at least quarterly. The Commission may adopt
bylaws relating to the implementation of their work under this Chapter.
1.) Regular meetings of the Commission shall be open to the public
and shall be held on the third Thursday of each quarter at 3:00
P.M. at the City Hall. If the regular meeting falls on a legal
holiday, the meeting shall be on the next regular working day.
The meeting may be adjourned by the presiding officer within
twenty minutes from the scheduled time for opening the meeting
if a quorum is not present.
2.) Special meetings and study sessions of the Commission shall be
open to the public and shall be held at such time as the chairman
or two-thirds of the Commission request the same.
3) Notice: The following shall constitute adequate notice to the
member of the Commission
a.) Agendas for all regular meetings shall be mailed to
members not less than one week prior to such meeting.
b.) The vote to hold an adjourned regular meeting shall
constitute adequate notice to members in attendance. The
secretary shall notify all absentee members by any
reasonable means.
c.) Notice for special meetings shall be made at least twenty-
four hours in advance by any reasonable means.
2
012
FORM.HPC
d.) The local news media, which requests notices of meetings,
shall be informed of such by the secretary.
4.) Voting: Every official act taken by the Commission shall be by
minute motion adopted by majority vote.
a.) Voting Procedure: On the passage of every motion, the
vote shall be taken by voice or roll call and entered in full
upon the record. The order of voting, when by roll call,
shall be alphabetical, with the chairman voting last.
b.) Reconsideration: Any member who voted with the
majority may move a reconsideration of any action at the
same meeting. After a motion for reconsideration has once
been acted on, no other motion for a reconsideration
thereof shall be made without unanimous consent of the
Commission.
5.) Order of Business at any regular meeting shall be as follows:
a.)
Call to Order
b.)
Roll Call
c.)
Public Comment
d.)
Consent Calendar
e.)
Business Session
f.)
Adjournment
The Commission may, take action on items of business not
appearing on the posted agenda under any of the following
conditions:
a.) Upon a determination by a majority of the Commission that
an emergency situation exists.
b.) Upon a determination by a two-thirds vote of the
Commission, or if less than two-thirds of the members are
present, a unanimous vote of those members present, that
the need to take action arose subsequent to the agenda
being posted.
The item was posted for a prior meeting of the Commission
occurring not more than five calendar days prior to the date
action is taken on the item, and at the prior meeting the
9
61.0 (' 0 13
FORM.HPC
item was continued to the meeting at which action is being
taken.
6.) Parliamentary Procedure: The rules of parliamentary practice as
set for in Robert's Rules of Order, Revised, shall be used as a
guide for all meetings of the Commission, except as other -wise
herein provided.
7.) Motions.
a.) Procession of Motions: When a motion is made and
seconded, it shall be stated by the chairman before debate.
A motion shall not be withdrawn by the mover without the
consent of the member who seconded it and the approval
of the Commission.
b.) Motions Out of Order: The chairman may at any time, by
a majority consent of the Commission permit a member to
introduce a motion, out of the regular Agenda order.
c.) Division of Question: If the question contains two or more
divisionable provisions, the chairman may, and upon
request of a member shall (unless appealed), divide the
same.
d.) Precedence of Motions: When a motion is before the
Commission, no motion shall be entertained except the
following which shall have precedence in the following
order:
1.)
Adjourn
2.)
Fix hour of adjournment
3.)
Table
4.)
Previous question
5.)
Amend
6.)
Postpone
e.) Motion to Adjourn: (not debatable) A motion to adjourn
shall be in order at any time except as follows:
When repeated without intervening business or
discussion;
4
hx�,, 014
2) When made as an interruption of a member who is
speaking;
3.) When the previous questions have been ordered;
and,
4.) While a vote is being taken. A motion to adjourn
"to another time" shall be debatable only as to the
time to which the meeting is adjourned.
Motion to Fix Hour of Adjournment: Such a motion shall
be to set a definite time at which to adjourn and shall be
undebatable and unamendable except as to time set.
g.) Motion to Table: A motion to table shall be used to
temporarily by-pass the subject. A motion to table shall be
undebatable and shall preclude all amendments or debate of
the subject under consideration. If the motion shall
prevail, the matter may be "taken from the table" at any
time prior to the end of the next regular meeting.
h.) Motion for Previous Question: Such a motion shall be
used to close debate on the main motion and shall be
undebatable. If the motion fails, debate shall be reopened;
if the motion passes, a vote shall be taken on the main
motion.
Motion to Amend: A motion to amend shall be debatable
only as to amendment. A motion to amend an amendment
shall be in order, but an amendment to amend an
amendment shall not be in order. An amendment
modifying the intention of a motion shall be in order, but
an amendment relating to a different matter shall not be in
order. A substitute motion on the same subject shall be
acceptable, and voted on before a vote on the amendment.
Amendments shall be voted first, then the main motion as
amended.
j.) Motion to Continue: Motions to continue to a definite time
shall be amendable and debatable as to priority of
postponement and time set. If desired, the maker of the
motion to continue may also move to reopen the hearing to
receive further testimony.
6. Rules, )ecoram, and Order
a. Points of Order: The chairman shall determine all points of order subject
FORM.HPC 5 ft.u� 015
to the right of any member to appeal to the Commission.
b. Decorum and Order - Commission Members: Every Commission member
desiring to speak shall address the chair and upon recognition by the
chairman, shall confine his/herself to the question under debate.
Commission member once recognized, shall not be interrupted while
speaking unless called to order by the chairman, unless a point of order
is raised by another Commission member or unless a speaker chooses to
yield to questions from another Commission member. If a Commission
member is called to order while he/she is speaking, he/she shall cease
speaking immediately until the question of order is determined. If ruled
to be not in order, he/she shall alter his/her remarks so as to comply with
the rules of the Commission. Commission members shall accord the
utmost courtesy to each other, to City employees and to the public
appearing before the Commission. Any Commission member may move
to require the chairman to enforce the rules and the affirmative vote of a
majority of the Commission shall require him/her to so act.
c . Decorum and Order - Employees: Member of the Administrative Staff
and employees of the City shall observe the same rules, procedure and
decorum applicable to members of the Commission.
d. Decorum and Order - Public: Public members attending Commission
meetings shall observe the same rules of order and decorum applicable to
th-. Commission. Any person making impertinent and slanderous remarks
or who becomes boisterous while addressing the Commission or while
attending the Commission meetings, may be removed from the room if so
directed by the chairman. Unauthorized remarks from the audience,
stamping of feet, whistles, yells, and similar demonstrations shall be cause
for the chairman to direct removal of such offenders from the room.
B . POLICIES
Publicity: The secretary shall release all official information or "stories" to the
press unless otherwise instructed by the chairman. No Commission member shall
speak for the Commission as a whole without specific permission of the
chairman.
2. Attendance: Attendance at all meetings is an obligation of each member.
3. Conflict of Interest: Any Commission member who has direct or indirect
financial or other personal interest in any matter before the Commission shall
publicly disclose, on the official record, the nature and extent of such interest,
and such Commission member shall not participate in the proceedings and shall
not vote on any such matter.
A .0 016
FORM.HPC 6
4. Taping of Commission Meetings: The taping of Commission meetings shall be
done at the discretion of the secretary of the Commission for the purpose of
assisting in the preparation of detailed minutes of the meetings and for no other
purpose.
C. AMENDMENTS
The Rules and Regulations may be amended by the Commission at any regular
meeting by a two-thirds majority, or at any special meeting, provided that the
proposed amendment is included in a written notice of such meeting.
'It.0 G 017
FORM.HPC 7
READING
MATERIAL
k.G, 1�
,N.ul 019
National Trust for Historic Preservation
ABA Urban, State and Local Government Law Section
CONTINUING LEGAL EDUCATION:
0
Historic Preservation Law
48th National Preservation Conference, October 26-30, 1994
Boston Park Plaza Hotel, Boston, Massachusetts
The National Trust for Historic Preservation, in cooperation with the ABA Section of Urban,
State and Local Government Law, is pleased to present a special series of MCLE-accredited
courses J.5 credits per session) at the 48th National Preservation Conference in Boston
—presenting a unique opportunity to learn about recent developments in preservation law.
WEDNESDAY
OCTOBER 26
10:15 a.m. — 11:45 a.m.
State Legislation for Taming
the Auto and Containing
Sprawl: An overview of inno-
vative state laws designed to
encourage rational transpor-
tation policies and to protect
the character of America's
cities and towns.
1:15 p.m. — 2:45 p.m.
Preservation in the Comprehen-
sive Planning Process: Integrat-
ing historic preservation into
local planning-1 inking preser-
vation with housing, economic
development, transportation
and land -use planning efforts.
3:00 p.m. — 4:30 p.m.
Protecting Historic Properties
and Open Land for Future Gen-
erations: Using casements., part-
nerships and trusts, privale
foundations, and other tools for
unique tax and property pro-
tcetion benefits.
3:00 p. in, — 4:30 p.m.
Local Public Policy and Grass-
roots Organizing to Fight
Sprawl: How citizens can orga-
nize through grassroots efforts
to fight sprawl and to protect
their historic commercial areas.
Includes a review of effective
local policies to prevent mega -
store sprawl.
THURSDAY
OCTOBER 27
1: 15 p. ni. — 2:45 ty in.
Difficult Issues Facing Preserva-
tion Commissions —Demolition
by Neglect: How minimum
maintenance requirements and
other legal techniques can pre-
vent the intentional neglect of
historic structures as a means
of justifying demolition on
health and safety grounds.
3:00 p. rn. — 4:30 p.m.
Procedural Due Process Issues,
for Preservation Commission:
This mock preservation com-
mission meeting and followup
panel discussion will address
how commissions can establish
sound procedures to ensure dc-
fensible decisions — with prop-
er notice, fair hearings, record -
based Llccisionma king, and
avoiding conflicts of interest.
SPEAKERS tuclude Lloyd Adams,
Alb,ny, NY; Karen Atkomon, Pablo,
MT Natalie Burns, Portland, ME;
Andrea Ferster, E)C; John Fowler, DC;
Grady Gaminage, Phoenix; Cynthra
Hcslert, Grcc.fidd, MA; Jerold Kay
den, Cambridge, MA; Lee KCatinge,
Denver; Elizabeth Mettle, DC; Dom
thy Miner, New York; Stephen Small,
Boston; Kate Hermrumr Stacy, San
Francisco; Terry Tondre, Hartford,
Bradford White, Chicago; Rubuo
Zueckleu Atlanta
FRIDAY
OCTOBER 28
1:15 p.m. — 2:45 p.m.
Local Preservation Law —Recent
Constitutional Developments:
An overview of major develop-
ments, including the Pennsylva-
nia Supreme Court's United
Artists decision and the U.S.
Supreme Court's recent takings
case, Dolan v. City of Tigard.
The session will also cover is-
sues concerning protection of
historic religious properties.
3:00 p.m. — 4:30 p.m.
Federal Preservation Law —Cur-
rent Developments: An update
on developments under a vari-
ety of federal preservation laws,
including the National Historic
Preservation Act, Section 4(f) of
the Departm. cot of Transporta-
tion Act and the Archeological
Resources Protection Act.
SATURDAY
OCTOBER 29
8:30 a.m. — 10:00 a.m.
Historic Preservation and Prop-
erty Rights --A Look at State
Legislation: A review of initia-
tives targeting state and local
regulatory programs, including
land use and preservation. This
session will cover legal and
legislative issues behind these
so-called property rights bills.
QUESTIONS? Call the National Trust at 1-800-944-NTHP.
-a."' 029
48TH NATIONAL ]PRESERVATION CONFERENCE-.
Preservation Economics & Community Rebirth
The CLE Program in Historic Preservation Law is part of the 48th National Preservation Confer-
ence, a comprehensive program of educational sessions, workshops, tours, and a variety of other
activities Of interest to preservationists, planners, local officials, lawyers, and others. This year's
theme is Preservation Economics and Community Rebirth, and speakers and sessions will explore
such topics as downtown revitalization, housing, financing preservation, stewardship, heritage
tourism, and how preservation can boost a community's economic base. Registration covers all
principal programs (note that tours, special events, and some pre -conference programs have
separate registration fees —see full conference brochure for complete details�.
R E G I S T R A T 10 AT (covers entire Conference, including Historic Preservation Law Program)
PLEASE PRINT OR TYPE CPC Code SP94/Z2]
LAST NAME
FIRST NAME & INITIAL
ADDRESS
CITY
STATE zip
OFFICE PHONE
HoME PHONE
ORGANIZATIONAL AFFILIATION (FOR NAME BADGE)
National Trust Member No. (Optiicrial�_
ABA Section Member 1:3 Yes C No
REGISTRATION FEES
REGULAR—ptiStinarked before Oct. 1 ($205)
ON -SITE —postmarked after Oct. 1 ($255)
National Trust FORUM Member (S170)
STUDENT (include copy of student ID) ($50)
DAILY Registration jWednesdayl ($95)
DAILY Registration �Thursdayl ($95)
DAILY Registration Friday) ($95)
DAILY Registration (Sciturdayl (S95)
TOTAL REGIS FRATION FEE ENCLOSED:
QUANTITY
MCLE CREDIT.
Required,9ponsor documentation has becri ferwarded to and
credit requested from MCLE star" with general rcquiTerrierit, for
all attorneys Lawyers seeking credit in Pennsylvania and Loui-
Siana mult Submit a Certificate and pay fees directly to these
states. The ABA pays applicable fees in other stairs where the
sponsor is required to do a,,, and tn,,tates where a late fee may
become applicabic. Pledsc be aware that each state has its own
rules and regulations, including its definition of "CLE'; therefore,
ccilain prograims may not receive credit in some states, You may
wish to check with your state for confirmation of a program's
approval. For further mformat .... i, coortact the ARA's Division
for Professional Education, 541 N. Fairbanks Court, Chicago, JL
60611,
CANCELLATION AND REFUND POLICY:
Ali requests to cancel or substitute registration must be made in
writing. All refunds will be issued in November 1994 following
the conference. Cancellations postmarked by September 15 will
receive a 100 percent refund. Cancellations postmarked between
September 16 and October I receive a p0-percent refund. No re-
funds will be ... ade for cancellations postmarked after October 1.
All refunds will be assessed a S35 processing fee.
— The information included in the conference prelicuriary program
— may be Subject to charier. please consult the final program
�availible ou-site in the registration area of the Boston Park Plazn
Hotel Plaza Ballrooml for final prograinuning information.
jFor tours and special events, see full Conference Program]
METHOD OF PAYMENT: Full payment, either by check,
purchase order, or credit card must accompany this form.
El My check payable to the National Trust, is enclosed.
0 My purchase order number is: #
13 Please charge: VISA or MASTERCARD (Circle me)
NAME ON CARD
CARD NUMBER
ExIERATION DATE
SIGNATURE (Required for credit card paymentl
The National Preservation C,,eferencc a financed in part with
federal food, from the National Park Service, U.S. Department of
I.tcriar. I lowevc,, the Contents and opinions do not necessarily
reflect the views or policies of the Department of Interior Under
Titles VI if the Civil Rights Act of 1964, the Age Discrimination
Act of 1975, Section 504 of the Rehabilitation Act of 1973, and
the Americans with Do,anititic, Act of 1990, the U,S Depart-
ment of Interior prohibits discrimination on the basis (if race,
color, national origin, age, gender, or handicap in its federally
assisted programs. If you believe you have been discriminated
against in any program, activity, or facility as described above, or
if you deore further information, please write to: Office for Equal
Opportunity, 1849 C Street, N.W., Room 1324, U.S. Department
of Interior, Washington, Dv. 20240.
El Check here if you are disabled and require special assistance.
You will be contacted by the National Treat conference staff.
MAIL TO: Conference Registration '94 QUESTIONS? of FAX to (202) 673-4223 (before Oct. 11
1785 Massachusetts Avenue, N.W. call the National Trust (Credit card payments only. l If faxing,
Washington, D.C. 20036 at I 800-944-NTHP please do not mail duplicate copy.
NATIONAIL CENTER FOR PRESERVATION ]LAW
1333 COININECTICUT AvENuE, N.W. *SUITE 300 0 WASHINGTON, D.G. 20036 0 (202) 338-0302
PRESIDENT EXECVTIVE DIRECTOR
H. BRYAN MrrcHEL.L STEPHEN NEAL DENMs, EsQ.
TO: Local Historic Preservation Commissions
FROM: H. Bryan Mitchell, President
DATE: my 19, 1994
SUBJECT: National Center Publications for Commissions
Since 1987, the National Center for Preservation Law has provided timely and helpful
information to local historic preservation commissions through its on -going series of
"PRESERVATION LAw UPDATES."
The National Park Service's 1990 Status —Roo on the Certified Local Government Program
noted that 68% of the responding Certified Local Governments were receiving "information on
historic preservation matters" from the National Center for Preservation Law. The Center works
closely with the University of Virginia Law School Library, which is building a major Histori
Preservation Collection. Much information collected by the Center is ultimately transferred to
the Collection after being reviewed for the "UPDATES."
The "UPDATES" are issued 48 times per year and range in format from two to eight pages,
depending on the topic covered. "UPDATES" often summarize important new court decisions
or analyze issues likely to affect many local preservation commissions. Demolition by neglect,
economic hardship, and conflict of interest have all been covered in past "UPDATES."
To make the "UPDATES" easier to use, the Center issues periodic cumulative indexes to all past
"UPDATES. " This means that a searcher only has to look into one index to determine whether
the Center has covered a topic in past "UPDATES."
A second publication that has been extremely useful to commissions across the country is
Building a Defensible Reco , a brief pamphlet designed to help commissions make better
decisions. Nearly 1,500 copies of this pamphlet have already been sold by the Center, many
of them multiple copies ordered by commissions so that all commission members will have
personal copies to read and mark.
Each commission should definitely budget funds for the purchase of these valuable tools. TO
order this essential information, please use the order form on the other side of this sheet. (We
urge you to pass a copy of this letter and form on to you r commission's city attorney as
well!)
,11.0 �_� 0 2 2
NATIONAIL CENTER FOR PRESERVATION ILA -IV
1333 CONINEGTIGUT AVENUE, NT.W. * SUITE 300 ' NVASkINGTON, D.C. 20036 0 (202) 338-0392
PRESMENT
H. BRYAN MITCHELL
PUBLICATIONS ORDER FORM
Please send the following publications to our commission:
EXECUTIVE DIRECTOR
STEPHEN NEAL DENN-is, EsQ.
1990 Annual Bound Volume Of "PRESERVATION LAW UPDATES"
1991 Annual Bound Volume Of "PRESERVATION LAW UPDATES"
1992-93 Annual Bound Volume of "PRESERVATION LAW UPDATES"
1994 Current "UPDATES" Subscription (special commission rate)
Postage and handling per volume
Please send us _ copies of Building a Defensible Record
Single copy price
Multiple copies price (five or more qualify for reduced rate)
TOTAL ENCLOSED:
These publications should be sent to:
Name:
Commission:
Address:
The Center's Federal Identification Number is: 13-2934300
$45.00
45.00
45.00
52.00
3.50
3.50
2.50
023
P R E S E R V A T 1 0 N
Property Rights and Sprawl: Opposite
Sides of the Same Land -Use Coin?
March, Preservation Action convenes a major meeting in the nation's Capitol to
.Eitch
discuss current preservation issues before Congress and to wrestle with "tough issues" which
have no easy political answers. This year's most popular panel — moderated by Preservation
Action founder Tersh Boasberg — focused on property rights and sprawl, two controversial issues
which divide communities over how land -use decisions impact future growth and development.
Private property rights
Preservationists find themselves both a part of the problem and its solution.
activists attack laws protecting
The debate over property rights and sprawl is best illustrated by the dramatic announce -
merit last fall of the Disney Corporation's plan to build a history theme park on the outskirts of
the community of the whole.
the nation's Capitol in Haymarket, VA, a rural town of 400. Historians, preservationists,
Catherine Gilliam,
developers, politicians and landowners are in a battle with Disney that mirrors the "super -
Project Director, American
store" threat to local main streets and the loss of farmland to housing subdivisions. The
Resources Information Network
following account summarizes the exciting presentations of the 5-member panel with some
literary license taken by the editors.
Catherine Gilliam focused on private property rights activists — self -dubbed the "wise use"
movement — and their constant attack on laws protecting the community of the whole: environ-
mental laws, zorring laws, planning laws, and even preservation laws. Their strategy is a relentless
attack on "the enemy" which includes those who support the above laws and the government
(usually dubbed "bureaucracy) at the local, state and federal levels which carries them out. To
justify their position, property rights activists utilize a very slanted view of Constitutional
provisions that govern private property ownership. They put a populist face on the issue and
Sprawl potential is gravest
force the opposition to defend government (and "bureaucracy".) Recently this strategy was put to
when no local planning or land
work against the effort to extend Oregon's property tax incentive for historic buildings. The
use controls are in place.
property rights activists split the preservation community by adding an owner consent provision
"fractured"
to the bill and the Governor was forced to veto the measure.
Constance Beaterion
Constance Beaumont presented the scenario most often associated with sprawl. The out -
Director, State & Local Policy,
of -state attorneys lobby city council members one -by -one for a zoning change while the
National Trust for Historic Preservation
corporation quietly buys up property. If opposition arises at the announcement of the planned
development, the corporation cries "foul", claiming its ownership rights are being denied.
Corporate marketers hype the jobs potential and revenue benefits their development will bring
to the community without noting any visual, environmental, infrastructure, business and
education costs the sprawl engenders.
The potential for "sprawl" is gravest when the local community has no planning or land use
controls in place before the developer comes to town. Without such controls, zoning variances
granted by the local governing body for "super -store" development on the edge of town often
equal or exceed the entire square footage of commercial space in the traditional downtown.
The Prince William Board of
Bobby McManus has been in the thick of the sprawl battles as a Prince William County (VA)
Supervisors constantly changes
Supervisor. Her county does not have controls in place and has no inclination to enact any. She
its comprehensive plan to
describes the Prince William County Board as constantly changing its comprehensive plan to
accommodate people who want
accommodate people who want to make money at the expense of the county, the latest change
being for the Disney Corporation and its theme park. In a county where history has recorded
to make money.
some of the most memorable Civil War battles atManassas, Brandy Station and Bristol Station,
Bobby McManus,
there is currently 70 rnillion square feet zoned commercial. Disney promises 19,000 jobs in
County Supervisor,
return for hundreds of thousands of dollars in reduced filing fees and $167 million from VA
Prince William County, VA
taxpayers to subsidize road building and infrastructure. Bobby was the only county supervisor of
x 1,
el C)12
Landowners are being asked to
seven who opposed the project and subsidy, and further raised the issue of the negative impacts of
payforpreservation through
sprawl that are certain to come with the project.
loss of value in their holdings.
John Foote brought another viewpoint to the table with his ties to the development company
that gained notoriety for its unsuccessful effort to build a 1.2 million square -foot mall on the edge
John Foote,
of the Manassas Battlefield a few years ago. He views the issue from the perspective of the
general partner,
landowner for whom land, often in a family for many generations, is a major investment. Preser-
Hazel & Thomas
vation challenges, which often erupt suddenly and claim superior moral authority, are met with
anger as landowners feel they are being asked to pay for preservation through the loss in value of
their own holdings. Coupling landowner interests with the fact that local governments utilize real
estate property taxes as their principle source of revenues to cover always increasing costs, the
pressures for development are strong and understandable. Foote called for planning and decision -
making to be in place before specific projects are proposed to insure predictability for both sides.
Are we guaranteeing the
Tim Lindstrom agreed with Foote's point that decision -making involving land -use and
rights of corporations and
conservation of resources needs to be made predictable and that landowners are entitled to reason-
developers to use properlyfor
able returns. However, he put the question in perspective in this way: are we guaranteeing the right&
private profit at the expense of
of corporations and developers to use property for private profit at the expense of the community —
OR —
the community OR are we
are we guaranteeing the rights of individual citizens to predictable land uses which respect
neighborhoods and the environment? He notes in Disney that the "private property rights" of the
guaranteeing the rights of
corporation includes $167 million in "public subsidy" for infrastructure and receipt of "publicly -
individual citizens to
granted" zoning changes. The citizen's vote in these subsidies is Ifinited to election -time support of
predictable land uses which
candidates who promise to support or oppose these public giveaway programs.
Private property rights and sprawl are undeniably linked in land use. In conclusion,
respect neighborhoods
Lindstrom noted that there is public subsidy for every private land use: public costs of schools,
and the environment?
roads, etc., associated with the development that are home by the taxpayers who helplessly watch
their tax bills rise. It's more than economics and "who pays for what", however. There is the
Tim Lindstrom,
University of VA law professor,
impact of congestion, environmental degradation and loss of character that will be felt by the
community. Land is a fixed resource and terribly costly to renew. Decisions about it cannot be left
attorney, Piedmont
Environmental Council
to developers and corporations alone where such action affects the fiirure availability and use of
that land. Local government, made up of those we elect to serve, must have die "guts" to put
controls in place or we will all suffer the consequences of "sprawl."
About Briefings..
Preservation Action is proud to announce its new publication, Briefts. Briefings will provide
background information and analysis on a particular preservation -related issue that either has or is
likely to involve federal legislation and will be sent to all Preservation Action members on a
quarterly basis. If you have comments or suggestions for future editions, please contact the Briefings
editorial board c/o Preservation Action. Board members are Nellie Longsworth, Roberta Deering,
Grace Gary Ann Hassett, Tom Monarity, Richard Nettler and Brad White. This first issue of
Bnefings was prepared by PA Director Roberta Deering with assistance from the editorial board.
P R E S E R V A T 1 0 N
1350 Connecticut Avenue, NW Suite 401
Washington, DC 20036
Telephone: 202-659-0915
Fax: 202-296-2705
Is your address correct? Would you prefer the
Briefings be sent to a different address?
Send changes to PA, attention: "Membership Services."
'Ic '01 , 0 2 5
Recycled Paper
First Class
P R E S E R V A T 1 0 N
PRESERVATION ACTION INVITES HISTORIC PRESERVATION COMMISSIONS TO
JOIN OURADVOCACY NETWORK
Preservation Action (PA), founded in 1974, is the
independent lobbying voice on Capitol Hill for the preservation
community dedicated to:
• Elevating historic preservation as a national priority
through our legislative actions;
• Monitoring legislation that affects the nation's historic
and cultural resources;
• Participating directly in policy development;
• Creating an environment for others to succeed with
their preservation initiatives.
TheAdvocate
From inner cities to the rural countryside, citizens and their
governments are confronted with choices that determine the
future of America's cultural and environmental heritage. PA
plays an integral role in educating the Public and private sectors
to make these choices responsibly. Our recent accomplishments
in Congress include:
• Passage of the 1992 amendments to the National
Historic Preservation Act assigning public and private
responsibility for the protection of our built and natural
heritage.
• Lobbying for ISTEA, PA ensured that preservation
proj�ts were eligible for over $3 billion as
transportation enhancements over six years.
• Continuing advocacy for historic rehabilitation tax
credits and other incentives, to breathe new life into
older buildings in our nation's troubled downtowns.
• Advancing national heritage areas legislation to
support partnerships between government and citizens
to protect the environmental and cultural resources.
The National Organization
Preservation Action forges the interests and concerns of
preservationists nationwide into a singular agenda, assuring the
integrity of our independent national grassroots voice.
• A Board of 167 Directors from 45 states establishes
priorities for PA's legislative agenda. Executive and
Management Committees fine tune this agenda and set
the course for operations, development and programs.
• Lobbying Coordinators in all 50 states mobilize our
constituency and link us to statewide preservation
networks. They are a vital source for information on
preservation in the "home district'.
A diverse membership of over 900 concerned
individuals provides the muscle to"wake up" Congress
on preservation issues through letter writing or
telephone campaigns.
Communicator and Catalyst
To improve our members' awareness of legislative activity on
Capitol Hill and their effectiveness as a lobbying force at local,
State and national levels, PA engages in several outreach and
action -oriented programs.
The Annual PA Meeting and Conference each March
brings members from around the country to
Washington, DC to lobby their Congressional
delegation.
The ALERT, our quarterly newsletter, and timely
Brieflngs on critical issues serve to keep our
membership on top of the issues.
Chairman: Thomas Moriarity
President: Nellie L. Longsworth
Preservation Action is pleased to offer a special $50 Organizational Membership to Historic Preservation Commissions
0 Please enroll me as an Organizational Member for the reduced $50 fee.
0 1 am pledging an additional _—to help support the important work of Preservation Action.
(Additional gifts of $15 or more will receive a free mug.) Please make checks payable to Preservation Action.
NAME
ORGANIZATION
ADDRESS
CITY, ST. ZIP
OFFICE #
FAX # —
HOME # -
1350 ConneCtiCUt Avenue, N.W., Suite 401 Washington, D.C. 20036
202-659-0915 FAX: 202-296-2705
'fi.u,: Pj 2 6
STATE OF CALIFORNIA —THE RESOURCES AGENCY PETE WILSON, Gov��
OFFICE OF HISTORIC PRESERVATION
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO 94296-0001
(916) 653-6624
FAX: (916) 653-9824
WHAT IS THE CALIFORNIA REGISTER OF HISTORICAL RESOURCES?
On September 27, 1992, Assembly Bill 2881 was signed into law,
creating the California Register of Historical Resources
(California Register). The California Register of Historical
Resources is a comprehensive listing of California's historical
resources, including those of local, state and national
significance. The California Register is an authoritative guide
to be used by state and local agencies, private groups, and
citizens to identify the state's historical resources.
In general, the program should:
Encourage public recognition of local, state and national
resources of architectural, historical, archaeological
and cultural significance.
Identify historical resources for state and local planning
purposes.
Define threshold eligibility for state historic
preservation grant funding.
How does the California Register define a historical resource?
For the purposes of listing, a "historical resource"
includes, but is not limited to, "any object, building, structure,
site, area, or place which is historically or archaeologically
significant, or is significant in the architectural, engineering,
scientific, economic, agricultural, educational, social,
political, military, or cultural annals of California."
Historical resources of local, state and national significance may
be eligible for nomination to the California Register, if they
satisfy the criteria established by the State Historical Resources
Commission (Comriission) for this program.
What are the criteria for listing a property on the California Register?
While the significance criteria for the California Register
are similar to those used by the National Register, this new
Register will document the unique history of California.
The resource must be associated with events contributing to the
broad patterns of the state's history and culture, or with
historically important people; or it must embody distinctive
characteristics of a type, period, region, or construction
method, or represent the work of a creative individual; or it
must have the potential for yielding important information in
California's history or prehistory. Draft Guidelines and
Procedures, currently under review by the State Historical
Resources Commission, will provide specific information for
applicants when completed.
EX 0 2 7
How does a property get listed in the California Register of Historical Resources?
The California Register consists of resources that are listed
automatically, under provisions of AB 2881, and those that must be
nominated through an application and public hearing process.
1. The California Register automatically includes the
following:
a.) California properties listed in, or formally
determined eligible for, the National Register of
Historic Places.
b.) California Registered Historical Landmarks from No.
770 onward. Landmarks from No. 1 through No. 769
will be individually evaluated for eligibility using
procedures to be adopted by the Commission.
c.) Those California Points of Historical Interest that
have been evaluated by the Office of Historic
Preservation (OHP) and recommended to the Commission
for inclusion in the California Register.
2. Other resources may be directly nominated to the
California Register by either individuals or local
governments, including:
a.) Individual historical resources.
b.) Historical resources contributing to the significance
of a historic district.
c.) Historical resources identified in historical
resources surveys with a significance rating of
Category 1 to 5. (Categories 1 through 4 deal with
National Register status or potential eligibility,
while Category 5 indicates a property with local
importance); if those surveys have been or will be
included in the State Historic Resources Inventory;
have been updated if they are more than five years
old; and when prepared according to OHP procedures.
d.) Historical resources -designated or listed by city or
county ordinance, provided that the criteria used to
evaluate them are consistent with those adopted by
the Commission for the California Register.
e.) Local landmarks or historic properties designated
under any municipal or county ordinance.
Xf a private property cannot be listed solely due to owner
objection, the Commission shall designate the property as
"formally determined eligible for listing.,,
A,Uu 028
a � .
What kind of benefits or help can I get as a property owner?
Local public agencies may assist in the nomination of
properties to the California Register and comment on nominations
from other sources; evaluate projects affecting historic
properties through their permit and review process; they may also
choose to expand their use of the Mills Act, which allows property
tax incentives for historical resources, by including properties
on the California. Register. It does not preclude local
governments from determining whether a property is a historical
resource. Property owners may also use the state Historical
Building Code, a building code which mandates that reasonable
alternatives be applied when the use of the Uniform Building Code
threatens the historical integrity of a structure.
What does the California Register have to do with the California Environmental
Quality Act (CEQA) ?
The California Register is now the definitive guide to
properties which are automatically afforded consideration during
the CEQA environmental review process. These new CEQA provisions
do not create any new permit review requirements or procedures,
invoke zoning changes, nor do they result in additional
restrictions on property owner's rights. Simply because a
property is not listed on the California Register, it does not
mean that it is not a historical resource, and may be subject to
CEQA environmental review.
When can I get a copy of the criteria and nomination forms?
The State Historical Resources Commission is reviewing
proposed guidelines and procedures, with the objective of having
Draft Guidelines available in 1994. At that time the public will
be asked to provide comments, and may obtain more specific
information. Currently, properties which are being nominated to
the California Points of Historical Interest, California
Registered Landmarks or the National Register of Historic Places
may also be considered for the California Register unless there is
owner objection. For more information, contact the California
Register Program, State Office of Historic Preservation, P.O. Box
942896, Sacramento, CA 94296-0001, or call (916) 653-6624.
029
I -
STATE OF CALIFORNIA —THE RESOURCES AGENCY
PETE VALSON, Gov"or
OFFICE OF HISTORIC PRESERVATION
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO 94296-0001
(916) 653-6624
FAX: (916) 653-9824
REGISTRATION PROGRAMS
CALIFORNIA POINT OF HISTORICAL INTEREST
Program recognizes sites and structures of local or county -wide
importance.
Effects of designation:
Small enamel directional sign (no text) available
through local Department of Transportation (Caltrans)
district office.
Limited protection (environmental review may be required
under California Environmental Quality Act [CEQA] if
property is threatened by project). Contact local
planning agency for more information.
Local assessor may enter into contract with property
owner for property tax reduction (Mills Act).
Local building inspector must grant code alternative
provided under State Historic Building Code.
Procedure for registration:
1. Obtain application and criteria from the office of
Historic Preservation (OHP)
2. Complete application according to cover letter
instructions. See sample format for additional
documentation which includes summary statement of
significance, maps, description, historical and
architectural significance, letter of support,
bibliography, and supplementary materials.
Obtain the signature of the chief elected
governmental official or the chairperson of the
county board of supervisors and forward application
and all supplementary documentation to OHP.
4. Application will be reviewed by OHP staff and placed
on an agenda of the State Historical Resources
Commission (SHRC) for action.
,L,06 030
CALIFORNIA REGISTERED HISTORICAL LANDMARK
Program recognizes only those sites and structures of statewide
significance.
Effects of designation:
Bronze plaque (underwritten by local sponsor) ordered
through OHP; highway directional sign available through
local Caltrans district office.
Limited protection (environmental review may be required
under CEQA if property is threatened by project).
Contact local planning agency for further information.
Local assessor may enter into contract with property
owner for property tax reduction (Mills Act).
Local building inspector must grant code alternatives
provided under State Historic Building Code.
Procedures for registration:
1. Obtain application and criteria from OHP.
2. Complete application, including written permission
of the property owner to register the historical
site and documenting conclusively that property is
the first, last, only, or most significant of a type
in a region and of statewide historical importance
to California. Enclose historic and current
photographs. If property is being submitted for
architectural significance, the architectural
supplement must be completed. The appropriate
chapter preservation officer of the American
Institute of Architects must complete the section of
the application certifying that the property is of
statewide significance.
3. If a plaque is requested, written permission of
property owner to place the plaque and guarantee of
protection by property owner must be enclosed.
4. Application and supporting documentation must be
forwarded to OHP for staff review; if application is
in order, it will be scheduled on an agenda of the
SHRC for action.
'k-66 031
3
CALIFORNIA REGISTER OF HISTORICAL RESOURCES
on September 27, 1992, when Governor Pete Wilson signed Assembly
Bill 2881, the California Register of Historical Resources was
officially established.
According to Public Resources code Section 5024.1, the
"California Register is an authoritative guide in California to
be used by state and local agencies, private groups, and
citizens to identify the state's historical resources and to
indicate what properties are to be protected, to the extent
prudent and feasible, from substantial adverse change."
The California Register includes automatically all properties
determined eligible for, or listed in, the National Register of
Historic Places; and California Registered Historical Landmark
No. 770 and all consecutively numbered state historical
landmarks following No. 770.
OHP is now in the process (1993) of drafting procedures and
criteria for the California Register which will be adopted by
the SHRC. This would include the other categories of
properties, such as the California Points of Historical
Interest, locally registered landmarks, inventories, and the new
category of the California Register itself.
NATIONAL REGISTER OF HISTORIC PLACES
Program recognizes sites, structures, and objects of local,
state, and national significance; program registers only those
properties which have retained enough physical integrity to
accurately convey their appearance during their period of
historical significance.
Effects of designation:
Tax incentives for rehabilitation of depreciable
structures.
Tax deducation available for donation of preservation
easement.
Local building inspector must grant code alternatives
provided under State Historic Building Code.
Local assessor may enter into contract with property
owner for property tax reduction (Mills Act).
,4.j t, 0 3 2
- 4 -
Consideration in federally funded or licensed
undertakings (Section 106, National Historic
Preservation Act).
Major projects which would impact a National Register
property may be subject to environmental review
requirements under CEQA. Contact local planning agency
for further information.
NOTE: No plaques, certificates, or markers are
provided with this designation.
Procedures for registration:
1. Obtain application packet from OHP. Read National
Register criteria and instructions.
2. Obtain a copy of HOW TO COMPLETE NATIONAL REGISTER
FORMS (Bulletin 16A) and follow these guidelines
exactly when preparing application form.
If you are not the owner of the property you are
submitting for registration, please inform the
owner of your intention to apply for registration.
Consent of private property owners is required.
4. If the area is proposed for registration as an
historic district, please follow the SHRC district
policy prior to submission of the application. The
OHP staff is available to assist district
applicants, and should be contacted in the earliest
stages of the process.
5. Submit completed forms, photographs, and maps to
OHP for staff review. If the property is
endangered or the applicant is requesting grant
funding or rehabilitation incentives under the Tax
Reform Act or Revenue Act of 1978, this must be
stated clearly in a cover letter.
6. Applications will be reviewed in the OHP. Those
which are inadequate or are not prepared in
accordance with the guidelines published in
Bulletin No. 16A Will be returned to the applicant
for further work.
'k .!-] .
1 033
- 5 -
7. OHP notifies all applicants, property owners, and
appropriate governmental jurisdictions of the time
and place of the SHRC meeting. commission meetings
are scheduled every three months in various
locations throughout the state, and are open to the
public.
a. If approved by the SHRC I the application is sent to
the State Historic Preservation officer for
nomination to the National Register. The final
determination is made in two to four months by the
Keeper of the National Register in Washington, D.C.
April 1, 1979 (Updated 1985, 1987)
Revised June 1, 1993
034
STATEMENT OF POLICY
for
STATE HISTORICAL LANDMARK REGISTRATION
and
POINT OF HISTORICAL INTEREST REGISTRATION
The State Historical Resource.; Commission consists of seven members who are appointed by the Governor to
four-year terms and hold office without compensation.
Since there are hundreds of landmarks* in the State of California which have played a prominent part in our history
and are important to the State and locality in which they are situated, it has become increasingly necessary for the
State Historical Resources Commission to apply a policy strictly and consistently in order that the registration of
state historical landmarks will not become meaningless.
The Public Resources Code authorizes the State Historical Resources Commission to:
I Receive and consider applications from any governmental agency, historical association, or private
individual for the designation and registration of any historical building or landmark.
2. Recommend to the department the qualifications for acceptance of registered historical buildings and
landmarks which sMI include but are not limited to military, political, agricultural, educational,
economic, and cultural events and sites within the State.
3. Recommend to the Department the type of plaque and the descriptive material to be iincluded thereon
to be required before marking any historical landmark or building.
4. Census all existing historical buildings or landmarks heretofore registered by the Department of Parks
and Recreation or marked by any other private or public agency or historical society.
S. Conduct a continuing survey of all important historical sites in the State, whether previously registered
or not, and recommend to the Department those which, in its opinion, should be officially registered as
State Historical Landmarks.
6. Recommend to the Department those historical buildings and landmarks which it deems are qualified for
marking.
The Commission will review and evaluate each application for registration of a landmark at regular meetings of the
Commission. The applicant should conduct his own investigation and submit the application to the Commission for
consideration at a regular meeting. The applicant is welcome to appear at the meetings of the Commission to support
his application. The Commission will recommend registration and marking of landmarks to the Director of the
Department of Parks and Recreation.
The following are criteria for guidance of the State Historical Resources Commission in evaluating landmark
registration applications:
STATEWIDE SIGNIFICANCE
A. The site must be of statewide historical importance to California.
The first, last, only, or most significant of a type in a region. (Historical region may be
defined as a large geographical area such as "The Mother Lode," the "Scuthern San Joaquin
Valley," the "Los Angeles Basin," etc., but not cities, counties, or local areas as such.)
6)'35
2. For the purposes of these criteria "historical" is generally considered to be beyond recall of
living man.
B. Applications for historical landmark registration will be considered from but not limited to the
following historical influences:
Anthropological (archeology and ethnic history)
2. Cultural (including social, education, and arts)
3. Military (significant military actions and activities of primary importance to California)
4. Political
S. Architectural
6. Economic
7. Scientific and technical
8. Religious
9. Experimental
C. Race, creed, or color shall not bias the determination of the validity of an application for historical
registration.
D. The application must be accompanied by sufficient research and substantiated by historical proof
and bibliographical evidence. The function of the staff is to verify the historical evidence
submitted by the applicant.
11. EMPHASIS ON INDIVIDUALS
A. An individual must have had a profound influence on the history of California.
B. The primary emphasis shall be the site or sites of the achievement of an individual or personality.
Birthplace, death place, or site of interment shall not be a consideration unless something of
historical importance is connected with his birth or death.
Ill. STRUCTURES (ARCHITECTURAL LANDMARKS OF SIGNIFICANCE)
A. For the purposes of these criteria, architectural landmarks may be considered significant if they
are prototypes of or if they are outstanding examples of a period, style, architectural movement or
method of construction, or if they are the most notable works — or the best surviving work in a
given region — of a pioneer architect, designer or a master builder.
B. An architectural landmark generally will be considered on its original site, particularly if its
significance is basically derived from its design relationship to its site.
C. A reconstructed or extensively rehabilitated building generally will not be cons:�idered unless no
other authentic structure of its type survives in the given region and only then if the structure is
reconstructed near its original site and is authentically executed in an environment approximating
the original setting.
D. Architectural landmarks achieving recognition within the last 50 years will be considered only if
they possess exceptional design merit of transcendent significance.
E. Applications may be submitted for individual buildings, groupings of related structures or for
well-preserved and defined "historic districts" composed of landmarks from the same era or
period. The style, period or type of architecture shall be clearly stated on the submitted
application.
036
F. The applicant and property owner are hereby advised that the continuing integrity of the
registered architectural landmark's significance must be maintained by observing generally
accepted preservation standards. Should an action by the owner or should other circumstances
beyond his control cause an adverse effect on the integrity of the landmark, the registration and
any official plaque or certificate previously authorized may be withdrawn.
G. Applicants are encouraged to seek advice and council from members of the A.I.A. (American
Institute of Architects) concerning applications for registration of architectural examples as
historic landmarks. The A.1-k offers consulting services through its membership. The State
Historical Resources Commission considers the American Institute of Architects as the leading
authority concerning background and technical information pertinent to historical architecture
and requires all applicants for architectural landmarks to seek their certification prior to
submission. A special supplement for historical landmark applications for architectural examples
must accompany the regular application form; the President or Preservation Officer of the local
A.I.A. chapter must complete the last page of the architectural supplement certifying that the
structure does meet the criteria for landmark registration.
H. The following adverse effects are among those that may be considered as bases for withdrawal of
landmarks registration status:
I Destruction or alteration of all or any signifirant part of the architectural landmark or its
site.
2. Isolation from, or alteration of its surrounding environment, particularly ill the case of an
architectural landmark whose basic significance derives from its relationship to its site.
3. Introduction of visual, audible, or atmospheric elements that are out of character with the
property and its setting.
4. In general, any action that destroys or erodes the integrity or the significance that was the
basis for the architectural landmark's designation may be grounds for withdrawal of the
official registration.
iv. ACCESS
A. The site must be visibly accessible to the public.
V. MAINTENANCE
A. The applicant for a historical landmark registration must give assurance to the best of his ability
that the site will be perpetuated as a historical landmark.
B. Sites will be maintained as prescribed in Section 5023 of the Public Resources Code.*
C. The Department of Parks and. Recreation reserves the right to withdraw or retire landmark
registration for cause.
D. Commercial operation in itself does not necessarily disqualify a landmark's registration. However,
should a commercial enterprise by its physical development plans, or its proximity, impact,
excessive use, or management philosophy so dilute or erode the significance of or quality of the
landmark's integrity, then an adverse effect shall have occurred and its registration may be
withdrawn.
The following general points shall be considered for commercial operation of landmarks:
The development, tone, and atmosphere of the commercial activity shaill be in good taste
and compatible with the integrity of the landmark.
0-37 W�
2. Advertising and promotional activities shall be factually correct, in good taste, and
accurately reflect that it was the submitted reasons for its registration, not the commercial
activity, that achieved the landmark's status.
3. Interpretation of the landmark shall be accurate.
E. Architectural landmarks should not be altered in such a manner as to seriously modify their
historic style or erode their original character or destroy their authentically restored elements.
However, if the interiors, for example, did not significantly contribute to the basis for a
landmark's designation, such as in a historic district, then those portions may be modified as
necessary to accommodate approved uses or changes.
1. PLAQUES
Registration of a landmark does not automatically provide a plaque. An application for a plaque is a
separate action, although it may be requested at the time of the application for registration of the site.
Suggested wording (50 or 60 words) must be submitted with the plaque request. The request and tne
suggested wording will be considered by the State Historical Resources Commission for recommendation
to the Director of the Department of Parks and Recreation. The Department of Parks and Recreation
reserves the right to edit suggested wording.
All landmark registrations up to and including No. 769 were registered without benefit of approved
criteria. It is the policy of the State Historical Resources Commission that all applications for plaques for
registered landmarks up to No. 769 will be approved only if the landmark site conforms to the existing
criteria.
Plaques can be purchased by private donors after approval has been obtained through the procedure
outlined above. In such cases, the plaques are ordered through the Department of Parks and Recreation,
and the donor is billed directly.
It shall be the responsibility of the applicant to furnish proof of reasonable protection. It is not the
policy of the Department of Parks and Recreation to furnish additional plaques for those that have been
stolen or vandalized.
All applications for plaques must be accompanied by an approval permit from the landowner upon
whose land the plaque is proposed to be placed.
Ill. HISTORIC TRAIL SIGNS
Historic landmark plaques identifying historic trails will be limited to one in each county, on a site that
is the most appropriate and representative according to the criteria already established, or as the Director
of the Department of Parks and Recreation may otherwise determine upon recommendation of the State
Historical Resources Commission. One number will be applicable to all trail signsalong a specific trails.
All other designations of the same historic trail within a county will be marked with an enamel metal
sign. These signs will be of special design and will be furnished by the Department of Parks and
Recreation after approval by the Director.
All applications for trail signs must be accompanied by an approval or permit from the landowner upon
whose land the sign is proposed to be placed. The signs will be placed on the historic trail by the
applicant
Vill. POINT OF HISTORICAL INTEREST
This program was initiated in 1965 to enable the State of California to recognize officially points of
local interest that do not qualify for State Historical Landmark registration. The criteria governing the
designation of "Point oil' Historical Interest" are generally the same as those which govern the state
historical landmark program, but are oriented to local, city, or county areas.
In May, 1976, additional requirements for Points registration were established. All applications for
Points of Historical Interest should be accompanied by documentation, bibliography, and photographs.
Comments from the local historical society or heritage commission are also requested.
The Board of Supervisors in each respective county will review and screen the applications and transmit
those which they feel are appropriate, with their endorsement, to the State Historical Resources
Commission for consideration. The Commission and the Department of Parks and Recreation will review
all applications for registration of points of historical interest.
A. Significance
Sites
a. Sites should be significant to the county or local area's social, cultural, economical,
political, religious, or military history.
b. Race, creed, color, or political affiliation shall not bias the determination of the
validity of a point of historical interest registration application.
C. Application must be supported by adequate research and bibliographical proof.
2. Individuals
a. The individual sponsored for recognition should have made a significant historical
contribution to the area in one of the fields outlined above.
b. Primary emphasis should be upon the site of the achievement rather than upon the
place of birth, death, or gravesite.
B. Access
1 . The site should be accessible to the public.
The Director of the Department of Parks and Recreation will also entertain recommendations from the
State Historical Resources Commission. It will be considered inconsistent with this policy to have a
historical landmark registered both as a "California Historical Landmark" and a "Point of Historical
Interest." If a point of historical interest is subsequently granted status as a California historical
landmark, its identity as a point of historical interest will be stricken from the record and its number
reassigned.
Adopted July 22, 1970
Revised May 1, 1975
5020. The State Historical Resources Commission. The Historical Landmarks Advisory Committee is
continued in existence as State Historical Resources Commission. Any reference in any law to the Historical
Landmarks Advisory Committee shall be deemed to refer to the State Historical Resources Commission.
5020.1. Definitions. As used in this artide:
(a) "Commission" means the State Historical Resources Commission.
(b) "Historical resource" includes, but is not limited to, any object, building, structure, site, area, or
place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific,
economic, agricultural, educational, social, political, military or cultural annals of California.
(G) "Historical landmark" means any historical resource which is registered as a state historical
landmark pursuant to Section 5021.
(d) "Point of historical interest" means any historical resource which is registered as a point of
historical interest pursuant to Section 5021.
5023. Repair and maintenance of historical place markers; duties and obligations of various bodies.
(a) Duty of Department of Transportation. It shall be the duty of the Department of Transportation
in repair all objects or markers adjacent to a state highway which have been erected to mark registered
J places and to keep such monuments or markers free from vegetation which may obscure them from view.
(b) Duty of city and county. It shall be the duty of the county authorities, in charge of county
,s, and all city authorities, with respect to streets and highways under their respective jurisdictions, to keep in
r cause to be kept in repair all objects or markers adjacent to a public highway which have been erected to
gistered historical places and to keep such markers and monuments free from all vegetation which may
them from view.
(c) Duty of department. It shall be the duty of the department to keep in repair or cause to be kept in
11 objects, markers and monuments designating any registered historical places in respect to which no
)n in respect thereto is imposed on other governmental agencies by this section, and the department shall
;h markers and monuments free from all vegetation which may obscure them from view.
't . � 'r 0�19
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LANDFORMS OF CALI FOR N I A
and NEVADA �4
STATE OF CAUFORNIA - THE RESOURCES AGENCY
OFFICE OF HISTORIC PRESERVATION
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO 94296-0001
(916) 6W-6624
FAX: (916) 653-9824
Dear Applicant:
Thank you for your interest in the California Point of
Historical Interest Program.
Enclosed you will find a revised Points application and a
sample format for additional documentation. Please provide a
summary statement of significance on the application form as
well as the Assessor's Parcel Number. You should clearly state
why the property is significant and why it meets the criteria
for being a California Point of Historical Interest. The
required map should clearly show the boundaries and dimensions
of the property (assessor's map is preferred). The location of
all features on the property should be drawn on the map and a
north arrow included.
The revised Point application now provides for either the
signature of the chief elected municipal official or the
chairperson of the county board of supervisors. If the proposed
Point is located in an incorporated area, then the form must be
first processed through the local government; submittal to the
county is optional. If the proposed Point is located in an
unincorporated area of the county, then the application should
be submitted through the county board of supervisors.
The State Historical Resources Commission will review the
application and make a recommended determination of eligibility
to the Director of the California Department of Parks and
Recreation. The commission meets on the first Friday in
February, May, August, and November. In order to adequately
prepare for review of applications, we must have all materials
in this office at least 60 days prior to a commission meeting.
If you have any questions, please call the Office of
Historic Preservation at (916) 653-6624.
Enclosures
(Dec. 1992)
sincerely,
SS e!deR. r� A., Acting
igo
State Historic P�e rervIa'tion officer
.%.� � 042
State of Callfdrnla — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
POINT OF HISTORICAL INTEREST
COMPLETE ADDRESS
Assessors Parcel Number:
DO NOT WRITE IN THIS BLOCK
Reg. No.
Date
By
THIS POINT OF HISTORICAL INTEREST IS Ma A CALIFORNIA
REGISTERED HISTORICAL LANDMARK
RECOMMENDED:
OR
SIGNATURE OF CHIEF EFECTED GOVERNWENT OFFICIAL
NAME OF MUNICIPAL
RECOMMENDED:
SIGNATURE OF CHAIRPERSON. COUNTY BOARD OF SUPERVISORS
Date: Date:
RECOMMENDED: APPROVED:
AND
SIGNATURE OF CHAIRPERSON, STATE HISTORICAL RESOURCES COMMISSION
SIGNATURE OF DIRECTOR, CALIF DANIA ITEPARTMENT OF PARKS AND RECREATION
Date: Date:
PLEASE USE TYPEWRITER. OBTAIN APPROPRIATE SIGNATURES. TRANSMIT AN ORIGINAL TO:
STATE HISTORICAL RESOURCES COMMISSION
DEPARTMENT OF PARKS AND RECREATION
POST OFFICE BOX 942896
SACRAMENTO, CA 94296-0001
DPR 147 (Rev. 11192)
M
Directions: The following pages will help you prepare your Point of Historical
Interest application. If you have any questions after reading through this guide,
please phone the Office of Historic Preservation. A staff member will be happy to
help you.
This format should be used for Point of Historical Interest applications. Please use
standard 8.5 X 11 inch paper, and number pages with light pencil marks. fag�q
each of the alphabetical sections on anew pace. Wherever possible, attachments
such as maps, letters, or pictures should fit within the dimensions of the 8.5 X 11
inchsheets. Oversize materials make reproduction difficult. Yourapplication
should be unbound, with its individual sheets held together by a clip. Do not send
material in loose leaf binders. Photographic prints, letters of support, and the DPR
147 form should be affixed to the sheets non -permanently, so they can be
removed without damage. Retain a copy of what you send us for your records.
Application materials become part of the program's official records and can not be
returned.
The application should have a cover sheet presenting the following information:
NAME OF PROJECT
(County)
Application for
California Point of Historical Interest
prepared by
NAME OF AUTHOR OR LEADING PREPARER
NAME OF ORGANIZATION
MAILING ADDRESS
PHONE NUMBER
STATE SENATE DISTRICT:
NAME OF STATE SENATOR:
STATE ASSEMBLY DISTRICT:
NAME OF STATE ASSEMBLY MEMBER:
DATE
A. Summary Statement of Significance (DPR 147)
Direction CAP typewritten DPR 147 here, or otherwise affix non -
Permanently. Your application maybe reviewed even if this approval is still
pending, but applications must have the support of the local County Board
of Supervisors, (as evidenced by a completed DPR 147) before they can be
sent to the State Historical Resources Commission. 7he Commission's
meeting agenda is determined approximately one month prior to the meeting.
Applications nn� 4 d7 form- or any other reauiredd
materials at that time will n t n
B. Maps
Direction Maps that clearly identify the location and boundaries of the
proposed Point of Historical Interest are to be included here. Yourmapsor
maps shouldplace the proposed Point in its localgeographical setting (such
as within a city or county), and clearly identify the boundaries, and each
structure or separate element of the proposed Point. Assessor's maps are
usually good for this purpose. A key to the map or maps should be
provided, if necessary to clarify the identification of the locations referred to
in the narrative discussion. Do not color -code the maps, as the application
wG be reproduced in black and white to be read by the members of the
Stete Historical Resources Commission. 7he source or authorship of each
map should be included. Each map must include a North arrow, and should
be sized to fit the standard 8.5 X 11 inch paper wherever possible.
(An outline map of California will be found on the last page of this form.
Please show the location of the proposed Point of Historical Interest on that
map, and return it with your application. The state outline map is separate
from your application, and is needed for staff use.)
C. Description and Appearance
Qk9at(g-n1.- 7h1s section rpust contain a detailed, objective narrative
descrIption of the elementfs) that are being proposed for the Point of
Historical Interest. (7he explanation or interpretation of the historical or
architectural significance of the proposed Point will be placed in the section
following this one.) 7he complexity of the proposed Point will determine the
complexity of this section and the one after it. For each separate element of
the Proposed Point Of Historical Interest, identify its name, make sure it can
be found easily on the maps, and include a narrative description of the
I
'4.j6 0�5
resource. For example, if it Is a building, describe the structure. If only a
site is involved, provide a description of the surrounding areas.
Photographs and drawings should be included at the end of this section.
They may be kept in clear plastic sleeves. A minimum of two photographs
or drawings (where photographs are not available) are required. Photocopies
may be substituted if photographic prints are not obtainable with reasonable
effort. For example, if a screened photograph (such as would be found in a
newspaper or printed book) is the only source, good quality Photocopies
would be acceptable. If you have many photographs you want to include in
the application, choose only the most important views to include in this
section. Place the others in the appendix. 777e source and date of each
photograph or drawing should be identified whenever possible. Identifying
information should appear on labels attached to the back of each graphic,
even if identification is noted directly on the sheet to which the photographic
print, picture, or photocopy is temporarily attached.
If a historic photograph exists, it should be included. A recent photograph,
to show the site at the present time, should also be included.
Photographic prints should be at least 5 X 7 in size, and preferably in black
andwhite. Color prints maybe acceptable under certain conditions.
7he purpose of this section is to niake clear what is being prrposed for
inclusion in the application, and for visualpresentation of the buildings or other
elements that are included in it.
D. Historical and Architectural Significance
Directions 7his section provides a place to explain in greater detail than
possible on the DPR 147 form why the site or historical resource meets the
criteria for Point of Historical Interest. 7his should be done through a
thoughtful, easily followed narrative that gives some historical background,
and explains the history of the proposed Point.
All important statements, and especially those that describe the importance
or significance of the proposed Point, must be supported by some form of
evidence. The more crucial a statement in your application is, the more
important it is that evidence supporting it be Included. Supporting
documentation may include published and unpublished books, manuscript
collections in research libraries, oral histories, and personal recollections or
knowledge.
2
0�6
ff appropriate, separate subsections for historical significance and
architectural significance should be included.
rhe purpose of this section is to demonstrate how the proposed Point of
Historical Interest meets the criteria for either historical or architectural
significance.
E. Letter of Support
Directions Include here the original, signed letter (or other evidence) of
support from the county historical commission or historical society. The
letter must specifically endorse the Point of Historical Interest application,
rather than contain only general statements concerning local interest in the
element or site. Only one letter of support is needed. Place any additional
endorsements you wish to include in the appendix.
Bibliography
Direction All of the sources used in compiling the application should be
listed here, even if they were already identifled elsewhere.. This includes
maps, books, articles, newspaper stories, oral histories and similar materials.
Each source should include the full name of the author, title, year of
jo:iblication or creation, and location. 7he location of &-search materials is
particularly important in the case of unique (non -published) sources such as
taped oral histories, and manuscript materials.
7he purpose of the bibliography is to make it as easy as possible for a later
reader of the application to locate the sources.
G. Supplementary Materials Appendix
2�M �Jn -* Additional materials that have been included as supplements to
the application should be placed at the end of the application. (There may
not be any need for any additional materials.) Such materials may include
newspaper articles, scholarly reports, additional graphics, and photocopied
materials. Staff will edit applications before they are sent to the State
Historical Resources Commission, where necessary to keep them to
reasonable size.
3
Outline Map of California
Direction : 7his map is provided for your convenience in showing where the
proposed Point of Historical Interest is, in relation to the state. Pleasemark the
appropriate place On the map, and return it with your applicatloo.
-- - - - - - - - - -
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Ms. Leslie Blodgett
Associate Planner
City of La Quinta
78-105 Calle Estado
La Quint&, CA 92253
TELEPHONE (714) 7&5�4000
TELEPHONE (714) 640-7035
FAX U.Saft
M.) IRS.-.00
january 15, 1993
,ONAI 9. "CCKKNRI
ft. C. STORE
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(714) 725-4142
Re: Confidentiality Procedures for Historical Preservation
commission
Dear Leslie:
This letter is in response to your October 28, 1992
Memorandum. In that memorandum, you asked for advice regarding
the ability Of the Historical Preservation Commission
(hereinafter the -Commission") to meet in closed session to
discuss the location of prehistoric archeological sites.
in summary, the commission cannot hold closed session
meetings solely on the basis that the commission will be
discussing Pre -historic or archeological sites. The Ralph M.
Brown Act, Government Code Section 54950 91 Zag.-, provides that
local government meetings shall be open and public, and sets
forth the requirements for regular meetings, special meetings
and closed sessions. Under the Brown Act, a local government
body or commission may meet in closed session only to discuss
personnel matters, pending litigation and real estate
negotiations. Unless the Brown Act specifically exempts a
subject area from the open and public meeting requirement,
meetings cannot be held in closed session. Discussions
regarding archeological or pre -historic sites are not
specifically exempted from the Brown Act and therefore the
Commission cannot hold closed session meetings to discuss the
'k.1)16 049
Ms. Leslie Blodgett
January 15, 1992
Page Two
location of such sites. You should be aware that penalties for
noncompliance can be severe: Government Code Section 54959
states that anyone who knowingly attends a meeting at which
action is taken in violation of the Brown Act is guilty Of a
misdemeanor.
As an alternative to holding a closed session, the
commission could discuss archeological sites in an open and
public forum, but could be circumspect in its discussions so as
not to reveal the site location. city staff and commission
members could be instructed not to reveal location in public
discussions or may not be told site locations at all.
PubliC ReCgrds:
on a closely related question, the commission must also
take certain precautions to avoid disclosure of documents which
contain the location of prehistoric sites. Like the Brown Act,
the Public Records Act, Government Code Section 6250 et M.,
contains a strong presumption in favor of openness and
disclosure and allows a government agency to withhold documents
only under certain specific exemptions set forth in Government
Code Section 6254 et fieg. Although Government Code Section
6254.10 exempts disclosure of archeological site locations
maintained by the Department of Parks and Recreation, the State
Historical Resources Commission, or the State Lands Commission,
the exemption does not appear apply to documents maintained by
a local legislative body or commission. Any gj-&l information
received by an individual planner or member of the COMMission
as to location of a site would not have to be made public.
However, if the site information is later documented in any
form, including handwritten notes and computerized information,
that documentation would be subject to public disclosure. in
order to insure that archeological site locations are not
revealed in public records, it is best to prevent information
regarding archeological site locations from being contained in
any documents prepared for the Commission's files. Any
documents maintained by the commission would be subject to
public disclosure; probably including any documents received by
the commission which contain information regarding
archeological site locations.
The State office of Historic Preservation maintains
information centers (hereinafter the "Information Centersm)
which archive information regarding archeological sites. The
Information Centers will allow only archeologists and
archeological students access to the actual site documents.
4014Q 'tX:.! n5o
Ms. Leslie Blodgett
January 15, 1992
Page Three
The Information Centers will release summaries regarding
archeological sites to planners and owners, but location is
only revealed on a need to know basis. Before information
regarding sites will be released, the Information Centers
require that those persons requesting such information sign an
agreement not to reveal the location of the sites. Prior to
entering such an agreement with any center, the commission
should consult with our office. It is unclear whether the
Commission or City could agree to keep such information
confidential under the Public Records Act.
In order to avoid public disclosure of archeological site
location, the office of Historic Preservation has suggested
that the sites in public documents be referred to by the
trinomial number assigned by the state. That office has also
suggested that an archeologist prepare a summary of the site
without revealing locational information and that record
searches for a particular project be attached to the survey
report.
czo:
Other references to disclosures of archeological
resources are contained in the Californida Environmental
Quality Act. Government Code Section 21083.2 provides that the
local agency shall determine a project's impact on
archeological resources and that if there is a significant
impact, the EIR must address the project's impact upon those
resources. It also suggests methods of mitigation of the
impact on those resources. In addition, Appendix X of the CEQA
Guidelines states that if avoidance of an important
archeological resource is not feasible that an excavation plan
should be prepared as a part of the mitigation plan. Further,
Appendix K states that the excavation plan shall be a brief
summary of the excavation, available on a need to know basis,
and not include the specific location of the archeological site
In preparing our response to your request we have obtained
the following documents:
Instruction for Completing the California Historic
Resources Inventory Form, June, 1990;
2. information Center of the California Archeological
Inventory Listing;
4014Q n5l
Ms. Leslie Blodgett
January 15, 1992
Page Four
3. Historic Resources Inventory Form;
4. California Archeological Inventory Handbook for
Completing an Archeological Site Record;
5. Archeological Resource Management Reports (ARMR):
Recommended Contents and Format; ,
6. California Archeological Site Inventory Information
Procedural Manual, March, 1991;
7. A copy of Government Code Section 21803.2; and
8. Appendix X to the CEQA Guidelines.
if you do not already have copies and would like to see any
of the above we will be happy to provide you with a copy of
what ever you are missing.
if you have further questions regarding these procedures,
please do not hesitate to contact me.
very truly yours,
STRADLING, YOCCA, CARLSON & RAUTH
' :4
-&�:./eywe 1 �l
Dawn C.
DCH/rkk
Enclosures
4014Q '4'ou 052
I 9�
NATIONAL REGISTER*
Technical intorTnation on comprehensive planning ;ui-vev ot cultural re�ource, and regis:!ration in
the National Regmer ot Hi�toric Places
U.S Department ot the Interior
National Park Ser�ice
lnteragenc�, Resources Dikision
n ,,,ch"nters. desrov ngrn�ch of its arc 010
, I he gicalval"e. Antfacisfron, such sites anesold to collectonfor hundreds, sonnearner thousands, of dollars, creating
a �:i,m lofinancial incentive for raiding cultural resources. fKenn�v BarldeN Union County JKY) Advcicate)
GUIDELINES FOR RESTRICTING INFORMATION ABOUT
HISTORIC AND PREHISTORIC RESOURCES
INTRODUCTION
Information about historic and
prchisLoric resources in the National
Rci_nstcr of Historic Places and in
Feileral, State, and local government
imentories is part of the public
rccord and is usually made available
to all who are interested. It is
sometimes necessary, however, to
withhold information from the pubfic
about the location and character of
certain resources to protect them and
their setting. Cultural resources are
often fragile, and their value as a
physical representation of the past
and as a source of information about
human activities can easily be
destroyed by theft, vandalism, and
unauthorized public visitation.
This bulletin provides guidance for
determining which resources should
have information restricted from
general distribution. The guidelines
presented here generally refer to
National Register listings and
nominations, but they also apply to
resources in Federal and federally -
assisted inventories.
053
LEGAL AUTHORITY
Section 304 of the National Historic
Preservation Act (NHPA), as
amended, and Section 9(a) of the
Archaeological Resources Protection
Act (ARPA) of 1979 provide the
legal authority to restrict information
about endangered resources.
Section 304 of the National Historic
Preservation Act
The head of an ' t, Federal agency,
after consultation with the Secrelary [of
lize Interiorl, shall withhold from
disclosure to tile public, information
relating to the location or character of
11istone resources Khenei er the head of
tile agency or tile Secretart, determines
that the jisclosure of suc;l! Mformation
ma� create a subsiantial' risk of harm,
tizeft, or destruction to such resources
or to tile area or place where such
resources are located.
Section 9(a) or the Archaeological
Resources Protection Act
Infionnation concerning the nature
and location of any archaeological
WSOUrce for which the excavation or
renzoial requircL j pernut or other
p,,nni.5siojl 1pider this Act or Linder any
()t1jerprovision of Federal law may not
be made awilable to tire public under
�uhchapter 11 of chapter 5 of title 5 of
tile United States Code or under anv
Other pro�i si . on of law unless the
Federal land manager concerned
detennines that such disclosure would
further the purposes of this Act or the
Acl of June 217, 1960 (16 U.S.C. 469-
469c) and not create a risk of harm to
�i4ch resources or to the site at which
�uch resources are located
SYNOPSIS
The legal authority for restricting information is provided by:
Section 304 of the National Historic Preservation Act and
Section 9(a) of the Archaeological Resources Protection
Act
information can be restricted if its publication is likely to:
endanger the resource,
worsen existing damage,
endanger the resource's setting or
cause the desecration of a site used in traditional
cultural practices.
To restrict information on National Register forms:
check the "Not for Publication" b"
briefly describe the reason for the restriction,
specifv what information is to be restricted. and
conip ile the restricted information on a separate
Continuation Sheet.
Restricted information will be:
excluded from ArPS publications,
excluded from reproductions of the National Register
form, and
made inaccessible to data base users and visiting
researchers, except undercentain circumstances.
Application of NHPA and ARPA to
the National Register
The National Park Service, in
applying NHPA and ARPA to its
administration of the National
Register of Historic Places, will not
make public any information
revealing the location or character of
historic or archeological resources if
it is likely that this would open the
resources or their settings to a
substantial risk of harm, theft, or
destruction. The National Register
regulations (36 CFR 60) also proNide
that Federal or State nominating
authorities need not reveal the
specific location or character of a
resource listed in or being nominated
to the National Register if disclosing
this information would endanger the
resource.
This bulletin was developed by John Knoerl, archeologist, National Register Branch, Diane Miller, Chief, Information
Management Unit, and Rebecca IL Shrimpton, consulting historiant, National Park Service. it was edited by Rebecca H.
Shrimpion. 7he teal was given technical and policy review by Lars Hanslin, attornev, Department of the Interior Solicitor's
Office, Carol D. Shull, Chief of Registration, National Register Branch, and Lawrence E. Alen, Chief, Interagency Resources
Division. We are indebted to the many preservation professionals who reviewed the drafts and offered their assistance.
about earh Natne A mmcan culture. It u being threatenea Kith aestruction, h~er, tr� reuc nunters, �5 cumving on
g,raffit, near pciographs on the cliffface. (Marc Gaede, M�m of,Vonhern A nZona)
Application of NHPA and ARPA to GUIDELINES FOR RESTRICTING may request that, in addition to
Other Inventories INFORMATION location, particular elements of the
resource's character be withheld.
The authority to restrict
information about historic and
archeological resources applies to
inventories that receive Federal
assistance under the authority of the
NHPA or Executive Order 11593.
Such inventories include the survey
and inventory data of all State
Historic Preservation Offices, Federal
aizencies. and Certified Local
Clo�ernments. Administrators of
Federal and federally -assisted State
and local inventories should use the
guidelines below to establish
procedures for limiting access to
information on endangered resources.
The NPS recommends that all survey
and inventory forms include a place
to indicate that the location or
character of a resource should be
restricted and an explanation for the
restriction.
Definitions
KHPA and ARPA authorize the
restriction of information about both
a resource's location and its character
or nature. 'Location" refers to any
information that specifically places a
resource in its geographic setting,
including street addresses, highway
and route numbers, Universal
Transverse Mercator (UTM)
coordinates, and descriptions of the
resource's position in relation to local
landmarks of natural features.
"Character" and "nature" refer to the
physical features, setting, and
contents of a resource, such as
archeological artifacts or architectural
ornamentation, that could attract
theft and vandalism. Nominators to
the National Register may request
that the NIPS withhold information
about a resource's location, or they
Which Resources Should Be
Restricted
The following is a list of conditions
in which a resource's location and/or
character should be restricted.
1. The resource is likely to be damaged
or destroyed if its location andlor
character is published
2. The resource has already been
damaged by looting or vandalism, and
there is reason to believe that such
damage would recur.
3. 7he resource is used in traditional
cultural practices, such as those bv
Native Americans and Pacific
Islanders, and disclosure would likelY
result in a desecration of the propem-
.4 U �') 055
4. Aside from the resource itself, the
place on which the resource is situated
has been or is likely to be harmed by
disclosure of its location andlor
character.
If none of the conditions listed
above are applicable to a resource
then its location and character will
not be restricted by the National Park
Service and should not be restricted
in Federal or federally -assisted State
and local inventories. (See the
Appendix for examples of specific
situations in which information
hould be restricted.)
How to Restrict Information on a
National Register Form
To restrict information on the
location or the location and character
of a resource, place an "V in the
",Not for Publication" box in the
Location Section of the National
Register standard registration form.
s�-Ke, and Officirr Walters, U-3. Part FOUCe,
are seen here -s1h the siftere screen used by a
relic hunter knout: as the "Green Mole," to
,,,it a federalty-owned archeological site in
Washington, D4C. The site consisUS Of the raw
of a house built c 1790, and unta dewo)wd by
the "Green Vale, - it contained artifacts
representing at least 130 years of OCCUP" . On
in he foreground can be seen the do, Pat and
rejected artifacts left by the mix Mmer
(Stephen P Pow, National Park Service)
in allotional Historical Park. 77my arejust a sanpling of ih� WpOunaS Of a"fraca 1� c ugict cur —
hauling out of the park in a backpack. Consisting of ballets and small pieces of sold,ers equipment,
they illustrate the seemmg�v unlikely t)pes of ampacts that are both appealing to collectors and,mporrant
to trained researchers. (Stephen R. Porte, National P�k Ser, ice,'
At the beginning of the Description
Section briefly explain the reason for
the restriction, including the nature of
the threat, and specify what, if any,
information about character is to be
restricted in addition to location.
These procedures apply to both
nominations and determinations of
eligibility submitted on standard
registration forms. Determinations of
eligibility that are not submitted on
standarii registration forms should
include the phrase "Not for
Publication" near the resource's
address. An explanation of the
restriction and whether it applies to
character as well as location should
be included in the resource's
description.
When preparing National Register
forms, bear in mind that all
references to sensitive information
will be omitted from reproductions,
including photocopies and microfiche.
Information intended to be restricted
should be compiled on a separate
Continuation Sheet. Addresses and
specific locations should also not
appear in the Resource Name (for
example, "House at 604 %lain St.")
since the Rc�ource Name must be
published in the Federal Register.
Following these suggestions will not
only make it simpler and quicker to
exciude restricted information from
reproductions, but it will ensure that
all the appropriate, and only the
appropriate, information is withheld
from genera� distribution.
Information Restricted by the Keeper
of the National Register
In practice, most information
restrictions for National Register
documentation are initiated by the
nominating authority. The Keeper of
the National Register, however, can
restf ict information under the
conditions listed above, even if the
nominating authority has not checked
"Not for Publication" on the
registration form. This policy applies
t o all National Register
documentation, including that
recorded on pre-1974 registration
forms, which did not have "Not for
Publication" indicators. For an
incoming nominations, the
nominating authority will be notified
of the Keeper's decision to restrict
information before the resource is
listed in the National Register, by
means of a Supplementary Listing
Record.
EFFECTS OF RESTRICTING
INFORMATION
If National Register documentation
is classified as "Restricted,"
information on location and/or
character (as applicable) will be:
0 Excluded frorn NPS publications;
Excluded from reproductions of the
registration form; and
Made inaccessible to users of the
National Register Information
S.Ystern nd to visiting researchers,
except tinder the conditions outlined
below.
As previously mentioned, all
references to restricted information
contained anywhere in National
R�gister documentation, including
text, maps, UTM coordinates, and
photographs, are subject to the
restrictions listed above. If restricted
information is compiled by the
nominating authority on a separate
Continuation Sheet, then the National
Park Service staff will be able to
control the information much more
effectively.
HOW TO RELEASE RESTRICTED
INFORMATION
Restricted information may be
released for the following purposes:
• Evaluation of government agency
actions affecting the resource,
• Protection of the resource, and
• Scholarly research.
To gain access to restricted
National Register information, submit
a request to the Keeper A the
National Register or to the
nominating authority. When making
this request, indicate how the
information will be used and kept
secure. If the information is to be
used for one of the purposes listed
above and its release is not likely to
endanger the resource, then the
requested information will be
released. The Keeper of the National
Register will usually make a decision
about releasing information only after
consulting with the relevant State or
Federal Historic Preservation Officer.
Federal or State agencies wishing
to reveal or deny access to restricted
information from National Register
nominations initiated by another
agency should first consult the
original nominating authority and
keep a record of the consultation. If
there is disagreement between
agencies or between an agency and
another party about releasing or
withholding information from
National Register nominations or
documentation in inventories, the
matter should be referred to the
Keeper of the National Register for
an opinion.
The National Park Service will
cooperate with Federal land
managers by consulting with them
and the appropriate Federal
Preservation Officers before
responding to requests for the
location of archeological sites subject
to Section 9(a) of ARPA. The heads
of Federal agencies wishing to consult
with the Secretary of the Interior
pursuant to Section 304 of NHPA
should contact the Keeper of the
National Register.
a,cheologwal sue, w1uch luir been cnncal w una"anaing prenuunc � 1-1— . — — —
bten toined for iu val"bk � 10 Such CER men' 'hat it 109 W design"u"A w a Narional Huronc
Landmark It a estunated thitt w much w 80 to 9Ot7 of the subsurface depouis hry been disturbed
by wory hunim. (Susan hf�n, N"nal Park Savice)
057
APPENDIX
Examples of Situations In Which Information Should Be Restricted:
I
EXAMPLE 1: Site 12-Fd--36 is a
Chacoan outher in pristine condition
containing kivas, block rooms, storage
rooms with whole ceramic vessels,
obsidian projectile points, and other
exotic artifacts. Commercial
pothunters. are active in the area, but
there is no evidence that they are
aware of the site's existence.
The excellent condition and exotic
artifacts make this site appealing to
pothunters. The site's location and
contents should remain unknown to
the public.
Condition #1 applies.*
EXAMPLE 2: A group of Civil War
shipwrecks sunk off the Carolina
coast contains important examples of
both merchant vessels used for
blockade running and naval warships.
The ships have remained largely
untouched because most of them are
completely submerged and difficult to
reach.
Most ot the sites' damage has been
caused by natural decay and water
currents. The increasing popularity
of sport diving, however, is likely to
spread knowledge of the ships'
existence and heighten the risk of
disturbance.
Condition #1 applies.
EXAMPLE 3: Site 34-KC-119 has
been known to local collectors for
many years and has been surface
collected since the area was first
cultivated in the early 1800s. The
collectors have been mainly interested
in projectile points for their private
collections. The owner of the
property gives permission to collect
only during the spring before the
crops are planted.
*See pages 3 and 4 for list of Conditions.
The site is considered significant
for its extensive carbonized faunal
and floral remains, which have not
been disturbed by the surface
collection. Continued surface
collection will, however, remove the
remaining projectile points which,
through their association with dated
material, could become diagnostic
artifacts to help date related sites
with similar points. Surface
collection should be discouraged by
restricting information about the site.
Condition #2 applies.
EXAMPLE 4: Magnolia Hal is an
antebellum plantation house which
was used as an encampment by
General Sherman and his troops
during their "March to the Sea.* It is
vacant and in an isolated area and
has been subject to vandalism.
Despite the damage caused by
neglect and vandals, the house is still
in fair condition and retains much of
its original architectural
ornamentation. These surviving
features require the protection of an
information restriction.
Condition #2 applies.
EXAMPLE 5: The Pa'Haea is an
isolated site containing temple
platforms, hunting shrines, wall
alignments, and agricultural terraces.
The native elders consider the site
sacred, and offerings can still be
found.
Releasm'l; information about the
site would attract visitors, who would
disturb private ceremonies and
increase the risk of desecration to the
grounds and relics.
Condition #3 applies.
EXAMPLE 6: The site of an
important gold discovery contains the
ruins of early mining equipment. It is
on agricultural land that is fenced to
protect the crop from wild animals.
If the location of the site and the
nature of some of the remains
became known, the site, the fence,
and the crops probably would be
damaged by unauthorized visitors.
Conditions #I and #4 apply.
EXAMPLE 7: Benson House is an
early 20th century private house in an
old urban residential area. The
house has fine interior and exterior
features, in6uding elaborate stone
carvings and stained glass panels, and
contains a large collection of
antiques.
The risk of burglary, already
prevalent in the neighborhood, would
be increased by the publication of the
house's address and description of its
contents and architectural features.
Condirions #1 and #4 apply.
EXAMPLE 8: Pictographs in a cave
are well protected by a locked iron
gate at the cave's entrance. The cave
is located five kilometers from the
nearest public road. The owner
believes that publication of the cave's
location will increase trespassing in
off -road vel:ucles.
Aithough the pictographs are
protected, there is a likelihood of
landscape damage by off -road
vehicles.
Condition #4 applies.
058
IL
National Historic Preservation Act of 1966
as amended through 1992
by
the National Historic Preservation Act Amendments of 1992 (i.e., the Fowler Bill)
Public Law 102-
Prepared By
The National Conference of State Historic Preservation Officers
and
Interagency Resources Division
National Park Service
Department of the Interior
November 2, 1992
; 1 0150
NATIONAL HISTORIC PRESERVATION ACT
AS AMENDED THROUGH 19921
AN ACT to Establish a Program for the Preservation of Additional Historic Properties throughout the
Nation, and for Other Purposes, Approved October 15, 1966 (Public Law 89-665; 90 STAT.915; 16
U.S.C. 470) as amended by Public Law 91-243, Public Law 93-54, Public Law 94-422, Public Law
94-458, Public Law 96-199, Public Law 96-244, Public Law 96-515, Public Law 98-483, Public Law
99-514, Public Law 100-127, and Public Law 102- ).
Italics indicates new text.
Sg4eetl indicates text removed.
Section 1 (16 U.S. C 470)
(a) 'Ibis Act may be cited as the "National Historic Preservation Act."
(b) The Congress finds and declares that-
(1) the spirit and direction of the Nation are founded upon and reflected in its historic
heritage;
(2) the historical and cultural foundations of the Nation should be preserved as a living part of
our community life and development in order to give a sense of orientation to the
American people;
(3) historic properties significant to the Nation's heritage are being lost or substantially
altered, often inadvertently, with increasing frequency;
(4) the preservation of this irreplaceable heritage is in the public interest so that its vital legacy
of cultural, educational, aesthetic, inspirational, economic, and energy benefits will be
maintained and enriched for future generations of Americans;
(5) in the face of ever-increasing extensions of urban centers, highways, and residential,
cormnercial, and industrial developments, the present governmental and nongovernmental
historic preservation programs and activities are inadequate to insure future generations a
genuine opportunity to appreciate and enjoy the rich heritage of our Nation;
(6) the increased knowledge of our historic resources, the establishment of better means of
identifying and administering them, and the encouragement of their preservation will
improve the planning and execution of federal and federally assisted projects and will assist
economic growth and development; and
(7) although the major burdens of historic preservation have been borne and major efforts
initiated by private agencies and individuals, and both should continue to play a vital role,
it is nevertheless necessary and appropriate for the Federal Government to accelerate its
historic preservation programs and activities, to give maximum encouragement to agencies
and individuals undertaking preservation by private means, and to assist State and local
governments and the National Trust for Historic Preservation in the United States to
expand and accelerate their historic preservation programs and activities.
1 71, wording of the 'NationeJ Historic Preservation Act Amnd=nts of 19192- is s, p,gwd in Title XL of HR429.
n6o
NHPA with 1992 Amendments
Section 2 (16 U.S. C 470-1)
It shall be the policy of the Federal Government, in cooperation with other nations and in
Partnership with the States, local governments, Indian tribes, and private organizations and individuals
to-
(1) use measures, including financial and technical assistance, to foster conditions under which
our modem society and our prehistoric and historic resources can exist in productive
harmony and fnIfill the social, economic, and other requirements of present and future
generations;
(2) provide leadership in the preservation of the prehistoric and historic resources of the
United States and of the international community of nations and in the administration of
the national preservation program in partnership with States, Indian tribes, Native
Hawaiians, and local governments;
(3) administer federally owned, administered, or controlled prehistoric and historic resources
in a spirit of stewardship for the inspiration and benefit of present and future generations;
(4) contribute to the preservation of nonfederally owned prehistoric and historic resources and
give maximum encouragement to organizations and individuals undertalcing preservation by
private means;
(5) encourage the public and private preservation and utilization of all usable elements of the
Nation's historic built environment; and
(6) assist State and local governments, Indian tribes and Native Hawaiian organizations and
the National Trust for Historic Preservation in the United States to expand and accelerate
their historic preservation programs and activities.
Nwember 1992
061
NHPA with 1992 Amendments
TITLE I
Section 101 (76 U.S.0 470a)
(a) (1) (A) The Secretary of the Interior is authorized to expand and maintain a National
Registerof Historic Places composed of districts, sites, buildings, structures, and
objects significant in American history, architecture, archaeology, engineering, and
culture.
(B) Properties meeting the criteria for National Historic Landmarks established pursuant
to paragraph (2) shall be designated as "National Historic Landmarks" and included
on the National Register, subject to the requirements of paragraph (6). All historic
properties included on the National Register on the date of enactment of the National
Historic Preservation Act Amendments of 1980 shall be deemed to be included on the
National Register as of their initial listing for purposes of this Act. All historic
properties listed in the Federal Register of February 6, 1979, as 'National Historic
Landmarks' or thereafter prior to the effective date of this Act are declared by
Congress to be National historic Landmarks of national historic significauce as of
their initial listing as such in the Federal Register for purposes of this Act and the
Act of August 21, 1935 (49 Stat.666); except that in cases of National Historic
Landmark districts for which no boundaries have been established, boundaries must
first be published in the Federal Register and submitted to the Committee on Energy
and Natural Resources of the United States Senate and to the Committee on Interior
and Insular Aflairs of the United States House of Representatives.
(2) The Secretary in consultation with national historic and archaeological associations, shall
establish or revise criteria for properties to be included on the National Register and
criteria for National Historic Landmarks, and shall also promulgate or revise regulations as
may be necessary for -
(A) nominating properties for inclusion in, and removal from, the National Register and
the recommendation of properties by certified local governments;
(B) designating properties as National Historic Landmarks and removing such
designation;
(C) considering appeals from such recommendations, nomination, removals, and
designations (or any failure or reftisal by a nominating authority to nominate or
designate);
(D) nominating historic properties for inclusion in the World Heritage List in accoiAance
with the terms of the Convention concerning the Protection of the World Cultural and
Natural Heritage;
(E) making determinations of eligibility of properties for inclusion on the National
Register, and
(F) notifying the owner of a property, and any appropriate local governments, and the
general public when the property is being considered for inclusion on the National
Register, for designation as a National Historic Landmark or for nomination to the
World Heritage List.
November 1992
o62
4
Section 101(a), continued
NHPA with 1992 Amendments
(3) Subject to the requirements of paragraph (6), any State which is carrying out a program
approved under subsection (b), shall nominate to the Secretary properties which meet the
criteria promulgated under subsection (a) for inclusion on the National Register. Subject
to paragraph (6), any property nominated under this paragraph or under section 110 (a) (2)
shall be included on the National Register on the date forty-five days after receipt by the
Secretary of the nomination and the necessary documentation, unless the Secretary .
disapproves such nomination within such forty-five day period or unless an appeal is filed
under paragraph (5).
(4) Subject to the requirements of paragraph (6) the Secretary may accept a nomination
directly from any person or local government for inclusion of a property on the National
Register only if such property is located in a State where there is no program approved
under subsection (b). Ile Secretary may include on the National Register any property for
which such a nomination is made if he determines that such property is eligible in
accordance with the regulations promulgated under paragraph (2). Such determinations
shall be made within ninety days from the date of nomination unless the nomination is
appealed under paragraph (5).
(5) Any person or local government may appeal to the Secretary a nomination of any historic
property for inclusion on the National Register and may appeal to the Secretary the failure
or refusal of a nominating authority to nominate a property in accordance with this
subsection.
(6) The Secretary shall promulgate regulations requiring that before any property or district
may be included on the National register or designated as a National Historic Landmark,
the owner or owners of such property, or a majority of the owners of the properties within
the district in the case of an historic district, shall be given the opportunity (including a
reasonable period of time) to concur in, or object to, the nomination of the property or
district for such inclusion or designation. If the owner or owners of any privately owned
property, or a majority of the owners of such properties within the district in the case of
an historic district, object to such inclusion or designation, such property shall not be
included on the National Register or designated as a National Historic Landmark until such
objection is withdrawn. Ile Secretary shall review the nomination of the property or
district where any such objection has been made and shall determine whether or not the
property or district is eligible for such inclusion or designation, and if the Secretary
determines that such property or district is eligible for such inclusion or designation, he
shall inform the Advisory Council on Historic Preservation, the appropriate State Historic
Preservation Officer, the appropriate chief elected local official and the owner or owners
of such property, of his determination. The regulations under this paragraph shall include
provisions to carry out the purposes of this paragraph in the case of multiple ownership of
a single property.
(7) The Secretary shall promulgate, or revise, regulations -
(A) ensuring that significant prehistoric and historic artifacts, and associated records,
subject to section 110 of this Act, the Act of June 27, 1960 (16 U.S.C. 469c), and
the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa and
N�cmber 1992
NHPA with 1992 Amendments
Section 101(a), continued
following) are deposited in an institution with adequate long-term curatorial
capabilities;
(B) establishing a uniform process and standards for documenting historic properties by
public agencies and private parties for purposes of incorporation into, or
complementing, the national historic architectural and engineering records within the
Library of Congress; and
(C) certifying local governments, in accordance with subsection (c)(1) and for the
allocation of funds pursuant to section 103 (c) of this Act.
(8) 7he Secretary shall, at least once every 4 years, in consultation with the Council and with
State Historic Preservation Officers, review significant threats to properties included in, or
eligible for inclusion on, the National Register, in order to -
(A) determine the kinds of properties that maybe threatened;
(B) ascertain the causes of the threats; and
(C) develop and submit to the President and Congress recommendations for appropriate
action.
(b) (1) The Secretary, in consultation with the National Conference of State Historic Preservation
Officers and the National Trust for Historic Preservation, shall promulgate or revise
regulations for State Historic Preservation Programs. Such regulations sMI provide that a
State program submitted to the Secretary under this section shall be approved by the
Secretary if he determines that the program -
(A) provides for the designation and appointment by the Governor of a *State Historic
Preservation Officer" to administer such program in accordance with paragraph (3)
and for the employment or appointment by such officer of such professionally
qualified staff as may be necessary for such purposes;
(B) provides for an adequate and qualified State historic preservation review board
designated by the State Historic Preservation Officer unless otherwise provided for by
State law; and
(C) provides for adequate public participation in the State Historic Preservation Program,
including the process of recommending properties for nomination to the National
Register.
(2) Periedieally, but net less than evefy feer yean afier the approyal ei any Stmepr-egram
undef this sobseetien, the Seeretary shall eyaluate stieh pFegam te make a deteFfflift an as w
A.AA-Ath PF or- net it is ift eemplimee with the requirements of this Aet. if at any dme, the Seer-etaFy
deteFmiaes that a 6—te A------ net eemply with sueh disappraye sueb-
pfe am, and suspend in whole of in pan essistanee te sueh State undeF subsee6ea 0)(1), ofliess
there afe
adequMe aSSUFanees that tlie pregrm w9l eemply with stieh requir-emene with4n a reasenabie peried-
ef time. The Seeretuy Fmay also eenduet periedie fiseal audits of Ewe pregffms appreyed tinder thi
(2) (A) Periodically, bur not less than every 4 years after the approval oyrany State program
under this subsection, the Secretary, in consultation with the Council on the
appropriate provisions of this Act, and in cooperation with the State Historic
November 1992
064
NHPA with 1992 Amendments
Section 101(b), continued
Preservation Officer, shall evaluate the program to determine whether it is consistent
with this Act.
(B) If, at any ttnz--, the Secretary determines that a major aspect of a State program is
not consistent with this Act, the Secretary shall disapprove the program and suspend
in whole or in part any contracts or cooperative agreements with the State and the
State Historic Preservation Officer under this Act, until the program is consistent with
this Act, unless the Secretary determines thar the program Will be made consistent
with this Act within a reasonable period of time.
(C) 7he Secretary, in consultation with State Historic Preservation Officers, shall
establish oversight methods to ensure State program consistency and quality without
unPosing undue review burdens on State Historic Preservation Officers
Q) At the discretion of the Secretary, a State system offiscal audit and managejnen, may
be subs"tuiedfor comparable Federal systems so long as the State systein-
(i) establishes and maintains substantially sunilar accountability standards, and
r1l) providesfor independent professional peer review.
7he Secretary may also conduct penodicfiscal audits of State programs approved under
this section as needed and shall ensure that such Programs meet applicable accountability
standards.
(3) It shall be the responsibility of the State Historic Preservation Officer to administer the
State Historic Preservation Program and to -
(A) in Cooperation with Federal and State agencies, local governments, and private
organizations and individuals, direct and conduct a comprehensive statewide survey
of historic properties and maintain inventories of such properties;
(B) identify and nominate eligible properties to the National Register and otherwise
administer applications for listing historic properties on the National Register;
(C) prepare and implement a comprehensive statewide historic preservation plan-,
(D) administer the State program of Federal assistance for historic preservation within the
State;
(E) advise and assist, as appropriate, Federal and State agencies and local governments in
carrying out their historic preservation responsibilities;
(F) cooperate with the Secretary, the Advisory Council on Historic Preservation, and
other Federal and State agencies, local governments, and organiza ions and
individuals to ensure that historic properties are taken into consideration at all levels
of planning and development;
(G) provide public information, education and training, and technical assistance r-eiatin
fe the FedeFal and ;tme ijist-e.-ie Presei-,&iefl. in historic preservation;
(H) cooperate with local governments in the development of local historic preservation
programs and assist local governments in becoming certified pursuant to subsection
(c);
M cOnsult with the appropriate Federal agencies in accordance with this Act on-
ri) Federal undertakings that may affect historic properties, and
r") 'he content and sufficiency Of any Plans develQPed to Protect, manage, or to
reduce or mitigate ham to such properties; and
Nmember 1992
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NHPA with 1992 Amendments
Section 101(b), continued
(J) advise and assist in the evaluation ofproposaisfor rehabduationprojects that may
qualifyfor Federal assistance.
(4) Any State may carry out all or any part of its responsibilities under this subsection by
contract or cooperative agreement with any qualified nonprofit organization or educational
institution.
(5) Any State historic preservation program in effect under prior authorityof law may be
treated as an approved program for purposes of this subsection until the earlier of -
(A) the date on which the Secretary approves a program submitted by the State under this
subsection, or
(B) three years after the date of the enactment of the National Historic Preservation Act
Amendments of 49W 1992.
(6) (A) Subject to subparagraphs (C) and (D), the Secretary may enter into contracts or
cooperative agreements with a State Historic Preservation Officerfor any State
authorizing such Cfficer to assist the Secretary in carrying out one or more of the
following responsibilities within that State-
(1) Identification and preservation of historic properties.
r1l) Determination of the eligibility ofpropertiesfor listing on the National Register.
(11ii) Preparation of nominationsfor inclusion on the National Register.
(1y) Maintenance of historical and archaeological data bases.
(y) Evaluation of eligibilizyfor Federal preservation incentives.
Nothing in dus paragraph shall be construed to provide that any State Historic
Preservation Officer or any other person other than the Secretary shall have the authoruy
to maintain the National Registerfor properties in any State.
(B) 7he Secretary may enter into a contract or cooperative agreement under
subparagraph (A) only if-
r�) the State Historic Preservation Officer has requested the additional
responsibility;
ri i) the Secretary has approved the State historic preservation program pursuant to
section 101(b)(1) and (2);
(iii) the State Historic Preservation Officer agrees to carry out the additional
responsibility in a timely and efficient manner acceptable to the Secretary and
the Secretary determines that such Officer is_fuUy capable o2f carrying out such
responsibility in such manner;
(i v) the State Historic Preservation Officer agrees to permit the Secretary to review
and revise, as appropriate in the discretion of the Secretary, decisions made by
the Officer pursuant to such contract or cooperative agreement; and
(y) the Secretary and the State Historic Preservation officer agree on the terms of
additionalfinancial assistance to the State, if there is to be any, fior the costs of
carrying out such responsibility.
(C) For each significant program area under the Secretary's authority, the Secretary shall
establish specific conditions and criteria essential for the assunplion by State Historic
Preservation Officers of the Secretary's duties in each such program.
Nmcmb� 1992
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NHPA with 1992 Amendments
Section 101(b), continued
(D) Nothing in this subsection shall have the effect of diminishing the preservation
programs and activities of the National Park Service.
(c) (1) Any State program approved Linder this section shall provide a mechanism for the
certification by the State Historic Preservation Officer of local governments to carry out
the purposes of this Act and provide for the transfer, in accordance with section 103(c), of
a portion of the grants received by the States under this Act, to such local governments.
Any local government shall be certified to participate under the provisions of this section if
the applicable State Historic Preservation Officer, and the Secretary, certifies that the local
government -
(A) enforces appropriate State or local legislation for the designation and protection of
historic properties;
(B) has established an adequate and qualified historic preservation review commission by
State or local legislation;
(C) maintains a system for the survey and inventory of historic properties that furthers
the purposes of subsection (b);
(D) provides for adequate public participation in the local historic preservation program,
including the process of recommending properties for nomination to the National
Register; and
(E) satisfactorily performs the responsibilities delegated to it under this Act.
Where there is no approved State program, a local government may be certified by the
Secretary if he determines that such local government meets the requirements of
subparagraphs (A) through (E); and in any such case the Secretary may make grants-in-aid
to the local goverrunent for purposes of this section.
(2) (A) Before a property within the jurisdiction of the certified local government may be
considered by the State to be nominated to the Secretary for inclusion on the National
Register, the State Historic Preservation Officer shall notify the owner, the applicable
chief local elected 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 days of notice from the State Historic Preservation Officer,
the chief local elected official shall transmit the report of the commission and his
recommendation to the state Historic Preservation Officer. Except as provided in
subparagraph (B), after receipt of such report and recommendation, or if no such
report and recommendation are received within sixty days, the State shall make the
nomination pursuant to section 101(a). The State may expedite such process with the
concurrence of the certified local government.
(B) If both the commission and the chief local elected official recommend that a property
not be nominated to the National Register, the State Historic Preservation Officer
shall take no further action, unless within thirty days of the receipt of such
recommendation by the State Historic Preservation Officet an appeal is filed with the
State. If such an appeal is filed, the State shall follow the procedures for making a
Nmember 1992
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NHPA with 1992 Amendments
Section 101(c), continued
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.
(3) Any local government certified under this section or which is making elTorts to become so
certified shall be eligible for funds under the provision of section 103 (c) of this Act, and
shall carry out any responsibilities delegated to it in accordance with such terms and
conditions as the Secretary deems necessary or advisable.
(4) For the purposes of this section the term -
(A) 'designation' means the identfication and registration ofpropernes for protection
that meet criteria established by the State or the locality r sig fi toric and
jb ni cant his
prehistoric resources within the jurisdiction of a local government.- and
(B) 'protection' means a local review process under State or local lawforproposed
demolition of, changes to, or other action that may affect historic,properries
designated pursuant to subsection (c).
(d) (1) (A) Me Secretary shall establish a program and promulgate regulations to assist Indian
tribes in preserving their particular historic properties. 7heSecretaryshallfoster
communication and cooperation between Indian tribes and State Historic Preservation
Officers in the administration of the national histor7c preservation program to ensure
that all types of historic properties and all public interests in such properties are
given due consideration, and to encourage coordination among Indian tribes, State
Historic Preservation Officers, and Federal agencies in historic preservation planning
and in the identification, evaluation, protection, and interpretation of historic
properties.
(B) 7he prograrn under subparagraph (A) shall. be developed in such a manner as to
ensure that tribal values are taken into account to the eventfeasible. Yhe Secretary
may waive or modify requirements of dus section to conform to the cultural setting of
tribal heritage preservation goals and objectives. 7he tribal programs implemented
by specific tribal organizations may vary in scope, as determinedby each tribe's chief
governing authority.
(C) 7he Secretary shall consult with Indian tribes, other Federal agencies, State Historic
Preservation Officers, and other interested parties and initiate the program under
subparagraph (A) by not later than October 1, 1994.
(2) A tribe may assume all or any part of the functions of a State Historic Preservation Officer
in accordance with subsections (b)(2) and (b)(3), with respect to triballands, as such
responsibilities may be madfiedfor tribal programs through regulations issued by the
Secretary if -
(A) the tribe's chief governing authority so requests;
(B) the tribe designates a tribal preservation official to atiminister the tribal historic
preservation program, through appointment by the tribe's chief governing authority
or as a tribal ordinance may otherwise provide;
(C) the tribal preservation official provides the Secretary with a plan describing how the
functions the tribal preservation official proposes to assume will be carried out;
N�niber 1992
n6s
10
Section 101(d), continued
NHPA with 1992 Amendments
(D) the Secretary determines, after consultation with the tribe, the appropriate State
Historic Preservation Officer, the Council Cif the tribe proposes to assume the
functions of the State Historic Preservation Officer wuh respect to rewew, of
undertakings under section 106), and other tribes, if any, whose tribal or aboriginal
lands may be affected by conduct of the tribal preservation program-
Ci) that the tribal preservation program isfidly capable of carrying out the
functions specified in the plan provided under subparagraph (C);
ri i) that the plan defines the remaining responsibilities of the Secretary and the
State Historic Preservation Officer;
(iii) that the plan provides, with respect to properties neither owwJ by a member of
the tribe nor held in trust by the Secretary for the benefit of the tribe, at the
request of the owner thereof, the State Historic Preservation Officer, in addi on
to the tribal preservation official, may erercise the historic preservation
responsibilities in accordance with subsections (b)(2) and (b)(3); and
(E) based on satisfaction of the conditions stated in subparagraphs (A), (B), (C), and
(D), the Secretary approves the plan.
(3) In consultation with interested Indian tribes, other Native American organizations and
affected State Historic Preservation Officers, the Secretary shall establish and implement
procedures for carrying out section 103(a) with respect to tribal programs that assume
responsibilities underparagraph (2).
(4) At the request of a tribe whose preservation program has been approved to assume
functions and responsibilities pursuant to paragraph (2), the Secretary shall enter into
contracts or cooperative agreements with Such tribe permitting the assumption by the tribe
Of any Part of the responsibilities referred to in subsection (b) (6) on tribal land, if -
(A) the Secretary and the tribe agree on additionalfinancial assistance, if any, to the
tribefor the costs of carrying out such authorities;
(B) the Secretary finds that the tribal historic preservation program has been
demonstrated to be sufficient to car7y out the contract or cooperative agreement and
this Act; and
(C) the contract or cooperative agreement specifies the continuing responsibilities of the
Secretary or of the appropriate State Historic preservation officers and providesfor
appropriate participation by-
(i) the tribe's traditional cultural authorities;
(R) representatives of other tribes whose traditional lands are under the Jurisdiction
of the tribe assuming responsibilities; and
riii) the interested public.
(5) 7he Council may enter into an agreement with an Indian tribe to permit undertakings on
tribal land to be reviewed under tribal historic preservation regulations in place of review
under regulations promulgated by the Council to govern compliance with section 106, if
the Council, after consultation with the tribe and appropriate State Historic Preservation
Officers, determines that the tribal preservation regulations will afford historic properties
consideration equivalent to those afforded by the Council's regulations.
Nmember 1992
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NHPA with 1992 Amendments
Section 101(d), continued
11
(6) (A) properties of traditional religious and cultural in;porrance to an Indian tribe or
Native Hawaiian organization may be determined to be eligible for inclusion on the
National Register.
(B) in carrying out its responsibilities under section 106, a Federal agency shall consult
with any Indian tribe or Native Hawaiian organization that attaches religious and
cultural significance to properties described in subparagraph (A).
(C) In car7ying out his or her responsibilities under subsection (b)(3), the State Historic
Preservation Officerfor the State of Hawaii shall -
consult with Native Hawaiian organizations in assessing the cultural
significance of any property in determining whether to nominate such property
to the National Register;
r1l) consult with Native Hawaiian organizations in developing the cultural
component of a preservation program or plan for such property; and
(11i) enter into a memorandum of understanding or agreement with Native Hawaiian
organizationsfor the assessment of the cultural significance of a property in
determining whether to nominate such property to the National Register and to
car?y out the cultural component of such preservation program or plan.
(d)(I) The Seerehffy shall administef a pfegram of fnatehing grants in aid te the Swes (OF hi?
preseFyatiea prejeets, and State Histeria 'es I- the geeFetaFf &a
M VY
wr6eir pvvese the iden—ifieftt'Ofk E -wd the pr-eseFy
the Ne6enal Register.
(e) (1) Yhe Secretary shall administer a program of matching grants to the Staresfor the purposes
of carrying out this Act.
(2) The Secretary shall administer a program of matching grants-in-aid to the National Trust
for Historic Preservation in the United States, chartered by Act of Congress approved
October 26, 1949 (63 Stat. 947), for the purposes of carrying out the responsibilities of the
National Trust.
(3) (A) In addition to the programs under paragraphs (1) and (2), the Secretary shall
administer a program of direct grants for the preservation of properties included on
the National Register. Funds to support such program annually shall not exceed 10
per centurn of the amount appropriated annually for the fund established under
section 108. These grants may be made by the Secretary, in consultation with the
appropriate State Historic Preservation Officer-
(i) for the preservation of National Historic Landmarks which are threatened with
demolition or impairment and for the preservation of historic properties of
World Heritage significance;
(ii) for demonstration projects which will provide information conceming
professional methods and techniques having application to historic properties;
(iii) for the training and development of skilled labor in trades and crafts, and in
analysis and curation, relating to historic preservation; and,
N�cmber 1992
.' .'11 k' � 0 7 9
12
Section 101(e), continued
NHPA with 1992 Amendments
(iv) to assist persons or small businesses within any historic district included in the
National Register to remain within the district.
(B) Ile Secretary may also, in consultation with the appropriate State Historic
Preservation Officer, make grants or loans or both under this section to Indian tribes
and to nonprofit organizations representing ethnic or minority groups for the
preservation of their cultural heritage.
(C) Grants may be made under subparagraph (A)(i) and Civ) only to the extent that the
project cannot be carried out in as effective a manner through the use of an insured
loan under section 104.
(4) Grants may be made under this subsectionfor the preservation, stabdizatwn, restoration,
or rehabilitation of religious properties listed in the National Register of Historic Places,
provided that the purpose of the grant is secular, does not promote religion, and seeks to
protect those qualities that are historically signiftcant Nothing in dus paragraph shall be
construed to authorize the use of any JUnds made available under this section for the
acquisition of any property refert-ed to in the preceding sentence.
(5) 7he Secretary shall administer a program of direct grants to Indian tribes and Native
Hawaiian organizationsfor the purpose of carrying out this Act as it pertains to Indian
tribes and Native Hawaiian organizations. Matching fiind requirements may be modified
Federal fitrids available to a tribe or Native Hawai!lan organization may be used as
matching fittuisfor the purposes of the tribe Is or organizations conducting its
responsibilkiespursuant to this section.
(6) (A) As a part of the program of matching grant assistanceftom the Historic Preservation
Fund to States, the Secretary shall administer a program of direct grants to the
Federated States of Micronesia, the Republic of the Marshall Islands, the Trust
Territory of the Pacific Islands, and upon termination of the Trusteeship Agreement
for the Trust Territory of the Pacific Islands, the Republic of Palau (referred to as the
Micronesian States) in fiazherance of the GWacr of Free Association between the
United States and the Federated States of Micronesia and the Marshall Islands,
APPrOved by the Compact of Free Association Act of 1985 (48 U.S. C 1681 note), the
Trusteeship Agreement for the Trust Territory of the Pacific islands, and the Compact
of Free Association between the United States and Palau, approved by the Joint
Resolution entitled 'Joint Resolution to approve the gCompact of Free Association
between the United States and Government of Palau, andfor other purposes'
(48 U.S. C 1681 note). 7he goal of the program shall be to establish historic and
cultural preservation programs that meet the unique needs of each Micronesian State
so that at the termination of the compacts the programs shall be firmly established.
7he Secretary may waive or modift the requirements of this section to conform to the
cultural sening of those nations.
(B) 7he amounts to be made available to the Micronesian States shall be allocated by the
Secretary on the basis of needs as determined by the Secretary. Marchingfiaids may
be waived or modified.
Novcmb� IM
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NHPA with 1992 Amendments
Section 101, continued
13
(O(t) No part of any grant made under this section may be used to compensate any person intervening
in any proceeding under this Act.
(f)(g) In consultation with the Advisory Council on Historic Preservation, the Secretary shall
promulgate guidelines for Federal agency responsibilities under section 110 of this title.
W(h) Within one year after the date of enactment of the National Historic Preservation Act
Amendments of 1980, the Secretary shall establish, in consultation with the Secretaries of Agriculture
and Defense, the Smithsonian Institution, and the Administrator of the General Services
Administration, professional standards for the preservation of historic properties in Federal ownership
or control.
%Ci) The Secretary shall develop and make avaflable to Federal agencies, State and local
governments, private organiza ions and individuals, and other nations and international organizations
pursuant to the World Heritage Convention, training in, and information concerning professional
methods and techniques for the preservation of historic properties and for the administration of the
historic preservation program at the Federal, State, and local level. The Secretary shall also develop
mechanisms to provide information concerning historic preservation to the general public including
students.
(7) 7he Secretary shall, in consultation with the Council and other appropriate Federal, tribal,
Native Hawaiian, and non -Federal organizations, develop and implement a comprehensive
preservation education and training program.
(2) Yhe education and training program described in paragraph (1) shall include -
(A) new standards and increased preservation training opportunities for Federal workers
involved in preservation-relatedfunctions;
(B) increased preservation training opportunitiesfor other Federal, State, tribal and local
government workers, and students;
(C) technical orfinancial assistance, or both, to historically black colleges and
universities, to tribal colleges, and to colleges with a high enrollment of Native
Americans or Native Hawaiians, to establish preservation training and degree
programs;
(D) coordination of the following activities, where appropriate, with the National Center
for Preservation Technology and Training-
ri) distribution of information on preservation technologies;
ri i) provision of training and skill development in trades, crafts, and disciplines
related to historic preservation in Federal training and development programs;
and
(111i) supportfor research, analysis, conservation, curation, interpretation, and
display related to preservation.
N�embcr 1992
072
14
(Section 102 16 U.S.C. 470b)
NHPA with 1992 Amendments
(a) No grant may be made under this Act-
(1) unless application therefore is submitted to the Secretary in accordance with regulations
and procedures prescribed by him;
(2) unless the application is in accordance with the comprehensive statewide historic
preservation plan which has been approved by the Secretary after considering its
relationship to the comprehensive statewide outdoor recreation plan prepared pursuant to
the Land and Water Conservation Fund Act of 1965 (78 Stat. 897);
(3) feFEaere than 50 per eemum of the aggregate eest ef eaffying eut pmjam and pFegr
speeified in seMen 101 (d)(1) md (-2) in any one fiseal yeff, ameept that fer the aests e
Stae Of iftfil hiStIffie sufyeys er- in-Mate-fieS t—he SeeFesEffy Shall pfevide:79 POE eentum of
the aggregate east inyelved in any efle fiseal yeftF.
(3) for more than 60 percent of the aggregate costs of car7ying out projects and program
under the a&ninistyutive control of the State Historic Preservation Officer as specified in
section 101(b)(3) in any onefiscal year,
(4) unless the grantee has agreed to make such reports, in such form and containing such
information as the Secretary may from time to time require;
(5) unless the grantee has agreed to assume, after completion of the project, the total cost of
the continued maintenance, repair, and administration of the property in a manner
satisfactory to the Secretary; and
(6) untfl the grantee has complied with such further terms and conditions as the Secretary may
deem necessary or advisable.
Except as permitted by other law, the State share of the costs referred to in paragraph (3) shall be
contributed by non -Federal sources.
Notwithstanding any other provision of law, no grant made pursuant to this Act shall be treated as
taxable income for purposes of the Internal Revenue Code 1986.
(b) The Secretary may in his discretion waive the requirements of subsection (a), paragraphs (2) and
(5) of this section for any grant under this Act to the National Trust for Historic Preservation in the
United States., in whieh ease a grmt to the Natienal TFust may inelade funds feF the Maimenaflee,
I . I and adfainisee6en ef the prepeFty in a fnamer satisfaetety fef the Seeret&-y.
(c) No State shall be permitted to utilize the value of real property obtained before the date of
approval of this Act in meeting the remaining cost of a project for which a grant is made under this
Act.
(d) 7he Secretary shall make funding available to individual States and the National Trust for Historic
Preservation as soon as practicable after execution of a grant agreement. For purposes of
administration, grams to individual States and the National Trust each shall be considered to be one
grant and shall be adnunistered by the National Park Service as such.
Nweniber 1992
0 73
NHPA with 1992 Amendments
Section 102(d), continued
15
(e) 7he total administrative costs, direct and indirect, charged for carrying out State projects and
programs may not exceed 25 percent of the aggregate costs except in the case of grants under section
101(e)(6).
Section 103 (16 U.S. C. 470c)
(a) The amounts appropriated and made available for grants to the States fef eemprehemiye sfoam-id
hister-ie saFyeys &ad plans under. this A for the purposes of this Acr shall be apportioned among the
States by the Secretary on the basis of needs as determined by him.
(b) The amounts appropriated and made available for grants to the States for projects and programs
under this Act for each fiscal year shall be apportioned among the States by the Seer-etwy
aeeffdanee with needs as diselesed in approved swtewide histeFie pfeseFvatien plam as the Secretary
determines to be appropriate. The Secretary shall notify each State of its apportionment under this
subsection within thirty days following the date of enactment of legislation appropriating funds under
this Act. Any amount of any apportionment that has not been paid or obligated by the Secretary
during the fiscal year in which such notification is given and for two fiscal years thereafter, shaft be
reapportioned by the Secretary in accordance with this subsection. 7he Secretary shall analyze and
revise as necessary the method of apportionment. Such me" and any revision thereof shall be
published by the Secretary in the Federal Register.
(c) A minimum of 10 per centurn of the annual apportionment distributed by the Secretary to each
State for the purposes of carrying out this Act shall be transferred by the State, pursuant to the
requirements of this Act, to local governments which are certified under section 101 (c) for historic
preservation projects or programs of such local governments. In any year in which the total annual
apportionment to the States exceeds $65,000,000, one half of the excess shall also be transferred by
the States to local governments certified pursuant to section 101 (c).
(d) Ile Secretary shall establish guidelines for the use and distribution of funds under subsection (c)
to insure that no local government receives a disproportionate share of the funds available, and may
include a maximum or minimum limitation on the amount of funds distributed to any single local
government. Tbe guidelines shall not limit the ability of any State to distribute more than 10 per
centurn of its annual apportionment under subsection (c), nor shall the Secretary require any State to
exceed the 10 per centurn minimum distribution to local governments.
Section 104 (16 U.S. C 470d)
(a) The Secretary shall establish and maintain a program by which he may, upon application of a
private lender, insure loans (including loans made in accordance with a mortgage) made by such
lender to finance any project for the preservation of a property included on the National Register.
(b) A loan may be insured under this section only if-
Nmcmber IM
i, U n74
16
Section 104(b), continued
NHPA with 1992 Amendments
(1) the loan is made by a private lender approved by the Secretary as financially sound and
able to service the loan properly;
(2) the amount of the loan, and interest rate charged with respect to the loan, do not exceed
such amount, and such a rate, as is established by the Secretary, by rule;
(3) the Secretary has consulted the appropriate State Historic Preservation Officer concerning
the preservation of the historic property;
(4) the Secretary has determined that the loan is adequately secured and there is reasonable
assurance of repayment;
(5) the repayment period of the loan does not exceed the lesser of forty years or the expected
life of the asset financed;
(6) the amount insured with respect to such loan does not exceed 90 per centurn of the loss
sustained by the lender with respect to the loan; and
(7) the loan, the borrower, and the historic property to be preserved meet other terms and
conditions as may be prescribed by the Secretary, by rule, especially -terms and conditions
relating to the nature and quality of the preservation work.
The Secretary shall consult with the Secretary of the Treasury regarding the interest rate of
loans insured under this section.
(c) The aggregate unpaid principal balance of loans insured under this section and outstanding at any
one time may not exceed the amount which has been covered into the Historic Preservation Fund
pursuant to section 108 and subsection (g) and (i) of this section, as in effect on the date of the
enactment of the Act but which has not been appropriated for any purpose.
(d) Any contract of insurance executed by the Secretary under this section may be assignable, shall be
an obligation supported by the full faith and credit of the United States, and shall be incontestable
except for fraud or misrepresentation of which the holder had actual knowledge at the time it became
a holder.
(e) The Secretary shall specify, by rule and in each contract entered into under this section, the
conditions and method of payment to a private lender as a result of losses incurred by the lender on
any loan insured under this section.
(f) In entering into any contract to insure a loan under this section, the Secretary shall take steps to
assure adequate protection of the financial interests of the Federal Government. Ile Secretary may-
(1) in connection with any foreclosure proceeding, obtain, on behalf of the Federal
Government, the property securing a loan insured under this title; and
(2) operate or lease such property for such period as may be necessary to protect the interest
of the Federal Government and to carry out subsection (g).
(g) (1) In any case in which a historic property is obtained pursuant to subsection (f), the
Secretary shall attempt to convey such property to any governmental or nongovernmental
entity under such conditions as will ensure the property's continued preservation and use;
except that if, after a reasonable time, the Secretary, in consultation -with the Advisory
Nmember 1992
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NHPA with 1992 Amendments
Section 104(g), continued
17
Council on Historic Preservation, determines that there is no feasible and prudent means to
convey such property and to ensure its Continued preservation and use, then the Secretary
may convey the property at the fair market value of its interest in such property to any
entity without restriction.
(2) Any funds obtained by the Secretary in connection with the conveyance of any property
pursuant to paragraph (1) shall be covered into the historic preservation fund, in addition
to the amounts covered into such fund pursuant to section 108 and subsection (i) of this
section, and shall remain available in such fund until appropriated by the Congress to carry
out the purposes of this Act.
(h) The Secretary may assess appropriate and reasonable fees in connection with insuring loans under
this sej:tion. Any such fees shall be covered into the Historic Preservation Fund, in addition to the
amounts covered into such fund pursuant to section log and subsection (g) of this section, and shall
remain available in such fund until appropriated by the Congress to carry out the purposes of this
Act.
(i) Notwithstanding any other provision of law, any loan insured under this section shall be treated as
non -Federal funds for the purposes of satisfying any requirement of any other provision of law under
which Federal funds to be used for any project or activity are conditioned upon the use of non -
Federal funds by the recipient for payment of any portion of the costs of such project or activity.
G) Effective after the fiscal year 1981 there are allthoriZed to be appropriated, such sums as may be
necessary to cover payments incurred pursuant to subsection (e).
(k) No debt obligation which is made or committed to be made, or which is insured or committed to
be insured, by the Secretary under this section shall be eligible for purchase by, or commitment to
purchase by, or sale or issuance to, the Federal Financing Bank.
Section 105 (16 U.S. C 470e)
The beneficiary, of assistance under this Act shall keep such records as the Secretary shall
prescribe, including records which fully disclose the disposition by the beneficiary of the proceeds of
such assistance, the total cost of the project or undertaking in connection with which such assistance is
given or used, and the amount and nature of that portion of the cost of the project or undertaking
supplied by other sources, and such other records as will facilitate an effective audit.
N�mbcr IM
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Section 106 (16 U.S.C. 470f)
NHPA with 1992 Amendments
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or
federally assisted undertaking in any State and the head of any Federal department or independent
agency having authority to license any undertaking shall, prior to the approval of the expenditure of
any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take
into account the effect of the undertaking on any district, site, budding, structure, or object that is
included in or eligible for inclusion in the National Register. The head of any such Federal agency
shall afford the Advisory Council on Historic Preservation established under Title 11 of this Act a
reasonable opportunity to comment with regard to such undertaking.
Section 107 (16 U.S. C 470g)
Nothing in this Act shall be construed to be applicable to the White House and its grounds, the
Supreme Court budding and its grounds, or the United States Capitol and its related buildings and
grounds.
Section 108 (16 U.S.C. 470h-2)
To carry out the provisions of this Act, there is hereby established the Historic Preservation Fund
(hereafter referred to as the Rfund") in the Treasury of the United States. There shall be covered into
such fund $24,400,000 for fiscal year 1977, $100,000,000 for fiscal year 1978, $100,000,000 for
fiscal year 1979, $150,000,000 for fiscal year 1980, $150,000,000 for fiscal year 1981, and
$150,000,000 for each of fiscal years 1982 through 4992 1997], from revenues due and payable to
the United States under the Outer Continental Shelf Lands Act (67 Stat. 462, 469) as amended (43
U.S.C. 338) and/or under the Act of June 4, 1920 (41 Stat. 813) as amended (30 U.S.C. 191),
notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of
the Treasury. Such moneys shall be used only to carry our the purposes of this Act and shall be
available for expenditure only when appropriated by the Congress. Any moneys not appropriated
shall remain available in the fund until appropriated for said purposes: Provided, that appropriations
made pursuant to this paragraph may be made without fiscal year limitation.
Section 109 (16 U.S. C 470h-1)
(a) In furtherance of the purposes of sections of this Act, the Secretary may accept the donation of
funds which may be expended by him for projects to acquire, restore, preserve, or recover data from
any district, budding, structure, site, or object which is listed on the National Register of Historic
Places established pursuant to section 101 of this Act, so long as the project is owned by a State, any
unit of local government, or any nonprofit entity.
(b) In expending said funds, the Secretary shall give due consideration to the following factors: the
national significance of the project; its historical value to the community; the imminence of its
destruction or loss; and the expressed intentions of the donor. Funds expended under this subsection
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NHPA with 1992 Amendments
Section 109(b), continued
19
shall be made available without regard to the matching requirements established by section 102 of this
Act, but the recipient of such funds shall be permitted to utilize them to match any grants from the
Historic Preservation Fund established by section 108 of this Act.
(c) The Secretary iss hereby authorized to transfer unobligated funds previously donated to the
Secretary for purposes of the National Park Service, with the consent of the donor, and any funds so
transferred shall be used or expended in accordance with the provisions of this Act.
Section 110 (16 U.S. C. 4 70h-2)
(a) (1) The heads of all Federal agencies shall assume responsibility for the preservation of
historic properties which are owned or controlled by such agency. Prior to acquiring,
constructing, or leasing buildings for purposes of carrying out agency responsibilities, each
Federal agency shall use, to the maximum extent feasible, historic properties available to
the agency. Each agency shall undertake, consistent with the preservation of such
properties and the mission of the agency and the professional standards established
pursuant to section 101(f)(g), any preservation, as may be necessary to carry out this
section.
(.2) With the adN,iee of the geeretary and in eeeperatien with the SwAe Histerie PFesefyetie
OffieeF feF the StMe iHYE)l'VBd, eaeb Federal ageney shall eaMblish a Program te leeate,
inyower-y, and nemiame te the geemw.-y all properties under the ageBeY'S eWflMhiP e
eeotfel by the ageney, that appear te qualify fef inelusien en the Natienal Register
aeeefdanee with die regulations preratilgated under seetioa Baeb Federal
allewed to deteriorate signifieang�-
(2) Each Federal agency shall establish (unless exempted pursuant to Section 214), in
consultation with the Secretary, a preservation program for the identification, evaluation,
and nomination to the National Register of Historic Places, and protection of historic
properties. Such program shall ensure -
(A) that historic properties under the jurisdiction or control of the agency, are identified,
evaluated, and nominated to the National Register;
(B) that such properties under the jurisdiction or control of the agency as are listed in or
may be eligible for the National Register are managed and maintained in a way that
considers the preservation of their historic, archaeological, architectural, and
cultural values in compliance with section 106 and gives special consideration to the
preservation of such values in the case ofproperties designated as having National
significance;
(C) that the preservation of properties not under the jurisdiction or control of the agency,
but subject to be potentially affected by agency actions are given fidl consideration in
planning;
(D) that the agency's preservation -related activities are carried out in consultation with
other Federal, State, and local agencies, Indian tribes, Native Hawaiian
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Section 110(a), continued
NHPA with 1992 Amendments
organizations carrying out historic preservation planning activities, and with Me
private sector; and
(T) that the agency's procedures for compliance with section 106-
r') are consistent with regulations issued by the Council pursuant to section 211;
(110 provide a process for the idenfification and evaluation of historic properties for
listing in the National Register and the development and implementation of
agreements, in consultation with State Historic Preservation officers, local
governments, Indian tribes, Native Hawaiian organizations, and the interested
Public, as appropriate, regarding the means by wNch adverse effects on such
properties will be considered; and
Oil) providefor the disposition of Native American cultural itemsfrom Federal or
tribal land in a manner consistent with section 3(c) of the Native American
Grave Protection and Repatriation Act r25 U.S. C. 3002 (c)).
(b) Each Federal agency shall initiate measures to assure that where, as a result of Federal action or
assistance carried out by such agency, an historic property is to be substantially altered or demol-
isW, timely steps are taken to make or have made appropriate records, and that such records then be
deposited, in accordance with section 101(a), in the Library of Congress or with such other appro-
priate agency as may be designated by the Secretary, for future use and reference.
(c) The head of each Federal agency shall, unless exempted under section 214, designate a qualified
official to be known as the agency's npreservation officer" who shall be responsible for coordinating
that agency's activities under this Act. Each Preservation Officer may, in order to be considered
qualified, satisfactorily complete an appropriate training program established by the Secretary under
section 101(h).
(d) Consistent with the agency's mission and mandates, all Federal agencies shall carry out agency
Programs and Projects (including those under which any Federal assistance is provided or any Federal
license, permit, or other approval is required) in accordance with the purposes of this Act and, give
consideration to programs and projects which will further the purposes of this Act.
(e) The Secretary shall review and approve the plans of transferees of surplus federally owned historic
properties not later than ninety days after his receipt of such plans to ensure that the prehistorical,
historical, architectural, or culturally significant values will be preserved or enhanced.
(f) Prior to the approval of any Federal undertaking which may directly and adversely affect any
National Historic Landmark, the head of the responsible Federal agency shall, to the maximum extent
possible, undertake such planning and actions as may be necessary to minimize harm to such
landmark, and shall afford the Advisory Council on Historic Preservation a reasonable opportunity to
comment on the undertaking.
(9) Each Federal agency may include the costs of preservation activities of such agency under this Act
as eligible project costs in all undertakings of such agency or assisted by such agency. The eligible
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NHPA with 1992 Amendments
Section 110(g), continued
21
project costs may also include amounts paid by a Federal agency to any State to be used in carrying
out such preservation responsibilities of the Federal agency under this Act, and reasonable costs may
be charged to Federal licensees and permittees as a condition to the issuance of such license or
permit.
(h) The Secretary shall establish an annual preservation awards program under which he may make
monetary awards in amounts not to exceed $1,000 and provide citations for special achievements tc
officers and employees of Federal, State, and certified local governments in recognition of their
outstanding contributions to the preservation of historic resources. Such program may include the
issuance of annual awards by the president of the United States to any citizen of the United States
recommended for such award by the Secretary.
(i) Nothing in this Act shall be construed to require the preparation of an environmental impact
statement where such a statement would not otherwise be required under the National Environmental
Policy Act of 1969, and nothing is this Act shall be construed to provide any exemption from any
requirement respecting the preparation of such a statement under such Act.
G) The Secretary shall promulgate regulations under which the requirements of this section may be
waived in whole or in part in the event of a major natural disaster or an imminent threat to the nation-
al security.
(k) Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit,
license, or other assistance to an applicant who, with intent to avoid the requirements of section 106,
has intentionally significantly adversely affected a historic property to which the grant would relate,
or having legal power to prevent it, allowed such significant adverse effect to occur, unless the
agency, after consultation with the Council, determines that circumstancesjustib granting such
assistance despite the adverse effect created or permitted by the applicant.
g) with respect to any undertaking subject to section 106 which adversely affects any Property
included in or eligiblefor inclusion in the National Register, andfor which a Federal agency has not
entered into an agreement with the council, the head of such agency shall document any decision
made pursuant to section 106. 7he head of such agency may not delegate his or her responsibilities
pursuant to such section. Where a section 106 memorandum of agreement has been executed with
respect to an undertaking, such memorandum shall govern the undertaking and all of its parts.
Section 111 (76 U.S. C 470h-3)
(a) Notwithstanding any other provision of law, any Federal agency may, after eeft5Hl6%iea with the
Advisery Getkeeil on Histerie Presen-atien, after consultation with the Council, shall, to the event
practicable, establish and implement alternatives for historic properties, including adaptive use, that
are not needed for current or projected agency purposes, and may lease an historic property owned
by the agency to any person or organization, or exchange any property owned by the agency with
N�cwbar 1992
22
Section 111 (a), continued
NHPA with 1992 Amendments
comparable historic property, if the agency head determines that the lease or exchange will adequately
insure the preservation of the historic property.
(b) The proceeds of any lease under subsection (a) may, notwithstanding any other provision of law,
be retained by the agency entering into such lease and used to defray the costs of administration,
maintenance, repair, and related expenses incurred by the agency with respect to such property or
other properties which are on the National Register which are owned by, or are under the jurisdiction
or control of, such agency. Any surplus proceeds from such leases shall be deposited into the
Treasury of the United States at the end of the second fiscal year following the fiscal year in which
such proceeds were received.
(c) The head of any Federal agency having responsibility for the management of any historic property
may, after consultation with the Advisory Council on Historic Preservation, enter into contracts for
the management of such property. Any such contract shall contain such terms and conditions as the
head of such agency deems necessary or appropriate to protect the interests of the United States and
insure adequate preservation of historic property.
Section 112
(a) IN GENMUL -Each Federal agency that is responsible for the protection of historic resources,
including archaeological resources pursuant to this Act or any other law shall ensure each of the
following-
(7) (A) All actions taken by employees or contractors of such agency shall meet professional
standards under regulations developed by the Secretary in consultation with the
Council, other affected agencies, and the appropriate professional societies of the
disciplines involved, specifically archaeology, architecture, conservation, history,
landscape architecture, andplanning.
(B) Agency personnel or contractors responsiblefor historic resources shall meet
qualification standards established by the Office of Personnel Management in
consultation with the Secretary and appropriate professional societies of the
disciplines involved 7he Office of Personnel Management shall revise qualification
standards within 2 years after the date of enactment of this Actfor the disciplines
involved, specifically archaeology, architecture, conservation, curation, history,
landscape architecture, and planning. Such standards shall consider the particular
skills and expertise needed for the preservation of historic resources and shall be
equivalent requirementsfor the disciplines involved.
(2) Records and other data, including data produced by historical research and archaeological
surveys and excavations are permanently maintained in appropriate data bases and made
available to potential users pursuant to such regulations as the Secretary shall promulgate.
(b) GinDELavEs. -In order to promote the preservation of historic resources on properties eligible for
listing in the National register, the Secretary shall, in consultation with the Council, promulgate
Nmember 1992
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Section 112(b), continued
23
guidelines to ensure thatFederal, State, and tribal historic preservation programs subject to thisAcr
include plans to-
(1) provide information to the owners of properties containing historic rincluding architectural,
curatorial, and archaeological) resources with demonstrated or likely research
significance, about the needfor protection of such resources, and the available means of
protection;
(2) encourage owners to preserve such resources intact and in place and offer the owners of
such resources information on the tax and grant assistance availableibr the donation of
the resources or of a preservation easement of the resources;
(3) encourage the protection of Native American cultural items (within the meaning of section
2 (3) and (9) of the Native American Grave Protection and Repatriation Act
(25 U.S. C. 3001 (3) and (9)) and ofproperties of religious or cultural importance to
Indian tribes, Native Hawaiians, or other Native American groups, and
(4) encourage owners who are undertaking archaeological ercavations to -
(A) conduct excavations and analyses that meet standardsforfederally-sponsored
excavations established by the Secretary,
(B) donate or lend artifacts of research significance to an appropriate research
institution;
(C) allow access to artfictsfor research purposes; and
(D) prior to excavating or disposing of a Native American cultural item in which an
Indian tribe or Native Hawaiian organization may have an interest under section
3(a)(2) (2?) or (C) of the Native American Grave Protection and Repatriation Act
(23 U.S. C 3002(a)(2) (B) and (C)), given notice to and consult with such Indian
tribe or Native Hawaiian organization.
Section 113
(a) STwr -In order to help control illegal interstate and international traffic in antiquities, including
archaeological, curatorial, and architectural objects, and historical documents of all kinds, the
Secretary shall study and report on the suitability andjeasibility of alternativesfor controlling illegal
interstate and international traffic in antiquities.
(b) CoNsuLTA77oN -In conducting the study described in subsection (a) the Secretary shall consult with
the Council and other Federal agencies that conduct, cause to be conducted, or permit archaeological
surveys or excavations or that have responsibUitiesfor other kinds of antiquities and with State
Historic Preservation Officers, archaeological, architectural, historical, conservation, and curatorial
organizations, Indian tribes, Native Hawaiian organizations, and other Native American
organizations, international organizations and other interested persons.
(c) REPoRT -Not later than 18 months after the date of enactment of this section, the Secretary shall
submit to Congress a report detailing the Secretary's findings and recommendationsfrom the snuty
described in subsection (a).
Nmember 1992
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24 NHPA with 1992 Amendments
Section 113, continued
(d) A uTHopi747tom-7here are authorized to be appropriated not more dm $500,000for the study
described in subsection (a), such sums to remain available until expended.
TITLE 11
Section 201 (16 U.S. C 4701)
(a) There is established as an independent agency of the United States Government an Advisory
Council on Historic Preservation (hereinafter r-efeffed te as the "Getineil') which shall be composed
of the following members:
(1) a Chairman appointed by the President selected from the general public;
(2) the Secretary of the Interior;
(3) the Architect of the Capitol;
(4) the Secretary of Agriculture and the heads of four other agencies of the United States
(other than the Department of the Interior), the activities of which affect historic
preservation, appointed by the President;
(5) one Governor appointed by the President;
(6) one mayor appointed by the President;
(7) the President of the National Conference of State Historic Preservation Officers;
(8) the Chairman of the National Trust for Historic Preservation;
(9) four experts in the field of historic preservation appointed by the President from the
disciplines of architecture, history, archaeology, and other appropriate disciplines; and;
(10) three at -large members from the general public, appointed by the President-.; and
1) one member of an Indian tribe or Native Hawaiian organization who represents the
interests of the tribe or organization of which he or she is a member, appointed by the
President.
(b) Each member of the Council specified in paragraphs (2) through (8) (other than (5) and (6)) may
designate another officer of his department, agency, or organization to serve on the Council in his
stead, except that, in the case of paragraphs (2) and (4), no such officer other than an Assistant
Secretary or an officer having major department -wide or agency -wide responsibilities may be so
designated.
(c) Each member of the Council appointed under paragraph (1), and under paragraphs (9) and (10) of
subsection (a) shall serve for a term of four years from the expiration of his predecessor's term;
except that the members first appointed under that paragraph shall serve for terms of one to four
years, as designated by the President at the time of appointment, in such manner as to insure that the
terms of not more than two of them will expire in any one year. The members appointed under
paragraphs (5) and (6) shall serve for the term of their elected office but not in excess of four years.
An appointed member whose term has expired shall serve until that member's successor has been
appointed.
Nmember 1992
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NHPA with 1992 Amendments 25
Section 201, continued
(d) A vacancy in the Council shall not affect its powers, but shall be filled not later than sixty days
after such vacancy commences, in the same manner as the original appointment (and for the balance
of any unexpired terms). The members of the Advisory Council on Historic Preservation appointed
by the President under this Act as in effect on the day before the enactment of the National Historic
Preservation Act Amendments of 1980 shall remain in office until all members of the Council, as
specified in this section, have been appointed. Ile members first appointed under this section shall
be appointed not later than one hundred and eighty days after the enactment of the National Historic
Preservation Act Amendments of 1980.
(e) Ile President shall designate a Vice Chairman, from the members appointed under paragraphs
(5),(6),(9), or (10). The Vice Chairman may act in place of the Chairman during the absence or
disability of the Chairman or when the office is vacant.
(f) Nine members of the Council shall constitute a quorum.
Section 202 (16 U.S.0 470j)
(a) The Council shall-
(1) advise the President and the Congress on matters relating to historic preservation,
recommend mewures to coordinate activities of Federal, State, and local agencies and
private institutions and individuals relating to historic preservation; and advise on the
dissemination of information pertaining to such activities;
(2) encourage, in cooperation with the National Trust for Historic Preservation and appropriate
private agencies, public interest and participation in historic preservation;
(3) recontmend the conduct of studies in such areas as the adequacy of legislative and
administrative statutes and regulations pertaining to historic preservation activities of State
and local governments and the effects of tax policies at all levels of goverrunent on historic
preservation;
(4) advise as to guidelines for the assistance of State and local governments in drafting
legislation relating to historic preservation;
(5) encourage, in cooperation with appropriate public and private agencies and institutions,
training and education in the field of historic preservation;
(6) review the policies and programs of Federal agencies and recommend to such agencies
methods to improve the effectiveness, coordination, and consistency of those policies and
programs with the policies and programs carried out under this Act; and,
(7) inform and educate Federal agencies, State and local governments, Indian tribes, other
nations and international organizations and private groups and individuals as to the
Council's authorized activities.
(b) The Council shall submit annually a comprehensive report of its activities and the results of its
studies to the President and the Congress and shall from time to time submit such additional and
special reports as it deems advisable. Each report shall propose such legislative enactments and other
actions as, in the judgment of the Council, are necessary and appropriate to carry out its
Nmember 1992
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Section 202(b), continued
NHPA with 1992 Amendments
recommendations and shall provide the Council's assessment of current and emerging problems in the
field of historic preservation and an evaluation of the effectiveness of the programs of Federal
agencies, State and local governments, and the private sector in carrying out the purposes of this Act.
Section 203 (16 U.S. C. 470k)
The Council is authorized to secure directly from any department, bureau, agency, board,
commission, office, independent establishment or instrumentality of the executive branch of the
Federal Government information, suggestions, estimates, and statistics for the purpose of this title;
and each such department or instrumentality is authorized to furnish such information, suggestions,
estimates, and statistics to the extent permitted by law and within available funds.
Section 204 (76 U.S. C 4701)
The members of the Council specified in paragraphs (2),(3), and (4) of section 201 (a) shall serve
without additional compensation. The other members of the Council shall receive $100 per them
when engaged in the performance of the duties of the Council. All members of the Council shall
receive reimbursement for necessary traveling and subsistence expenses in6uffed by them in the
performance of the duties of the Council.
Section 205 (76 U.S.C. 470m)
(a) 77bere shall be an Executive Director of the Council who shall be appointed in the competitive
service by the Chairman with the concurrence of the Council. Ile Executive Director shall report
directly to the Council and perform such functions and duties as the Council may prescribe.
(b) Ibe Council shall have a General Counsel, who shall be appointed by the Executive Director.
The General Counsel shall report directly to the Executive Director and serve as the Council's legal
advisor. The Executive Director shall appoint such other attorneys as may be necessary to assist the
General Counsel, represent the Council in courts of law whenever appropriate, including enforcement
of agreements with Federal agencies to which the Council is a party, assist the Department of Justice
in handling litigation concerning the Council in courts of law, and perform such other legal duties and
functions as the Executive Director and the Council may direct.
(c) The Executive Director of the Council may appoint and fix the compensation of such officers and
employees in the competitive service as are necessary to perform the functions of the Council at rates
not to exceed that now or hereafter prescribed for the highest rate for grade 15 of the General
Schedule under section 5332 of title 5, United States Code: Provided, however, That the Executive
Director, with the concurrence of the Chairman, may appoint and fix the compensation of not to
exceed five employees in the competitive service at rates not to exceed that now or hereafter
prescribed for the highest rate of grade 17 of the General Schedule under section 5332 of T"ide 5,
United States Code.
Nmember 1992
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NHPA with 1992 Amendments 27
Section 205, continued
(d) Tle Executive Director shall have power to appoint and fix the compensation of such additional
personnel as may be necessary to carry out its duties, without regard to the provisions of the civil
service laws and the Classification Act of 1949.
(e) The Executive Director of the Council is authorized to procure expert and consultant services in
accordance with the provisions of section 3109 of title 5, United States Code.
(f) Financial and administrative services (including those related to budgeting, accounting, financial
reporting, personnel and procurement) shall be provided the Council by the Department of the
Interior, for which payments shall be made in advance, or by reimbursement, from funds of the
Council in such amounts as may be agreed upon by the Chairman of the Council and the Secretary of
the Interior; Provided, That the regulations of the Department of the Interior for the collection of
indebtedness of personnel resulting from erroneous payments (5 U.S.C. 46e) shall apply to the
collection of erroneous payments made to or on behalf of a Council employee, and regulations of said
Secretary for the administrative control of funds (31 U.S.C. 665 (g)) shall apply to appropriations of
the Council: And provided further, T"hat the Council shall not be required to prescribe such
regulations.
(g) Ile members of the Council specified in paragraphs (2) through (4) of section 201(a) shall
provide the Council, with or without reimbursement as may be agreed upon by the Chairman and the
members, with such funds, personnel, facilities, and services under their jurisdiction and control as
may be needed by the Council to carry out its duties, to the extent that such fimds, personnel,
facilities, and services are requested by the Council and are otherwise available for that purpose. To
the extent of available appropriations, the Council may obtain, by purchase, rental, donation, or
otherwise, such additional property, facilities, and services as may be needed to carry out its duties
and may also receive donations of moneys for such purpose, and the Executive Director is authorized,
in his discretion, to accept, hold, use, expend, and administer the same for the purposes of this Act.
Section 206 (16 U.S.C. 470n)
(a) The participation of the United States as a member of the International Centre for the Study of the
Preservation and Restoration of Cultural Property is hereby authorized.
(b) The Council shall recommend to the Secretary of State, after consultation with the Smithsonian
Institution and other public and private organizations concerned with the technical problems of preser-
vation, the members of the official delegation which will participate in the activities of the Centre on
behalf of the United States. The Secretary of State shall appoint the members of the official delega-
tion from the persons recommended to him by the Council.
N�mb� 1992
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Section 206, continued
NHPA with 1992 Amendments
(c) For the purposes of this section there is authorized to be appropriated an amount equal to the
assessment for United States membership in the Centre for fiscal years 1979, 1980, 1981, and 1982:
Provided, 7bat no appropriation is authorized and no payment shall be made to the Centre in excess
of 25 per centum of the total annual assessment of such organization. Authorization for payment of
such assessment shall begin in fiscal year 1981, but shall include earlier costs.
Section 207 (16 U.S. C. 470o)
So much of the personnel, property, records, and unexpended balances of appropriations,
allocations, and other funds employed, held, used, programmed, or available or to be made available
by the Department of the Interior in connection with the functions of the Council, as the Director of
the Office of Management and Budget shall determine, shall be transferred from the Department to
the Council within 60 days of the effective date of this Act.
Section 208 (76 U.S.C. 470p)
Any employee in the competitive service of the United States transferred to the Council under the
provisions of this section shall retain all rights, benefits, and privileges pertaining thereto held prior to
such transfer.
Section 209 (16 U.S. C. 470q)
The Council is exempt from the provisions of the Federal Advisory Committ Act (86 Stat. 770),
and the provisions of the Administrative Procedure Act (80 Stat. 381) shall govern the operations of
the Council.
Section 210 (16 U.S.C. 470r)
No officer or agency of the United States shall have any authority to require the Council to submit
its legislative recommendations, or testimony, or comments on legislation to any officer or agency of
the United States for approval, comments, or review, prior to the submission of such
recom endations, testimony, or comments to the Congress. In instances in which the Council
voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the
Council shall include a description of such actions in its legislative recommendations, testimony, or
comments on legislation which it transmits to the Congress.
Nmember 1992
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NHPA with 1992 Amendments 29
Section 211 (16 U.S.0 470s)
Tbe Council is authorized to promulgate such rules and regulations as it deems necessary to
govern the implementation of section 106 of this Act in its entirety. The Council shall, by regulation,
establish such procedures as may be necessary to provide for participation by local governments in
proceedings and other actions taken by the Council with respect to undertakings referred to in section
106 which affect such local governments.
Section 212 (16 U.S.0 470%)
(a) The Council shall submit its budget annually as a related agency of the Department of the Interior.
To carry out the provisions of this tide, there is authorized to be appropriated not more than
$2,500,000 for each of the fiscal years 1985 through 1989. :1here afe auther-iPed te be appmpf:imed
net te emeeed $2,250,099 in fiseel yeaF 1990, $2,590,900 in fiseal year- 1981, Q,500,909 in '
year. 1992, and $2,500,000 in fiseal yeaf 1993. Mere are authorized to be appropriatedfor purposes
of this title not to exceed $5,000,000for each of thefiscal years 1993 through 1996.
(b) Whenever the Council submits any budget estimate or request to the President or the Office of
Management and Budget, it shall concurrently transmit copies of that estimate or request to the House
and Senate Appropriations Committees and the House Committee on Interior and Insular Affairs and
the Senate committee on Energy and Natural Resources.
Section 213 (76 U.S. C. 470u)
To assist the Council in discharging its responsibilities under this Act, the Secretary at the request
of the Chairman, shall provide a report to the Council detailing the significance of any historic
property, describing the effects of any proposed undertaking on the affected property, and
recommending measures to avoid, minimize, or mitigate adverse effects.
Section 214 (16 U.S.0 470y)
The Council, with the concurrence of the Secretary, shall promulgate regulations or guidelines, as
appropriate, under which Federal programs or undertakings may be exempted from any or all of the
requirements of this Act when such exemption is determined to be consistent with the purposes of this
Act, taking into consideration the magnitude of the exempted undertaking or program and the
likelihood of impairment of historic properties.
N�mbcr IM
30
TITLE III
Section 301 (16 U.S. C. 470w)
NHPA with 1992 Amendments
As used in this Act, the term-
(1) "Agency" means agency as such term is defined in section 551 of title 5, United States
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(2) "State" means any State of the United States, the Disvict of Columbia, the commonwealth
of Puerto Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Tmf Teffiteries of the Paeifie Is! the Trust
Territory of the Pacific Islands, the Republic of the Marshall Islands, the Federated States
of Micronesia, and, upon termination of the Trusteeship Agreementfor the Trust Territory
of the Pacific Islands, the Republic of Palau.
(3) "Local government" means a city, county, parish, township, municipality, or borough, or
any other general purpose political subdivision of any State.
(4) "Indian tFibe" faeam the goveFaing bedy of any indian k-ibe, bafld, na&Fk, Of ethff gFOUP
whieh is reeegaieed as an ladim tFibe by the Seer -own, ef the Imerier fer whieh the United
Stmes holds !—And im aFiss or FPstFiP9PF1 OFMIg fi9f *A efAity ef its Eaembem. Seeh tenn also
ineludee any Natiye village eeFperatien, fegional eerpeRWOR, and Na6ye Greap
emblished pursuam te the Alffika NafiYO GIftkW Sealement Aet (43 U.S.G. 1701 et seq.)
01ndian tribe * or Otribe 0 means an Indian tribe, band, nation, or other organized group or
community, including a Native village, Regional Corporation or Village Corporation, as
those terms are defined in section 3 of the Alaska Native C7aims Settlement Act
(43 U.S. C 1602), which is recognized as eligiblefor the special programs and services
provided by the United States to Indians because of their status as Indians.
(5) "Historic property" or "historic resource" means any prehistoric or historic district, site,
building, structure, or object included in, or eligible for inclusion on the National Register;
smeh wm iseltides "feets, meerds, and Femains whieh aFe mlated te sueb a diStFiet, Site,
building, s"etur-e, eF ebiee Register, including artifacts, records, and material remains
related to such a property or resource.
(6) "National Register" or "Register" means the National Register of Historic Places
established under section 101.
(7) "undeFtakiag" Fneaffi any aefien as desefibed in seetieft 1 'Undertaking' means a
project, activity, or program funded in whole or in part under the direct or indirect
jurisdiction of a Federal agency, including -
(A) those carried out by or on behalf of the agency;
(B) those carried out with Federal financial assistance;
(C) those requiring a Federal permit, license, or approval; and
(D) those subject to State or local regulation administered pursuant to a delegation or
approval by a Federal agency.
November 1992
n89
NHPA with 1992 Amendments
Section 301. continued
31
(8) "Preservation" or "historic preservation* includes identification, evaluation, recordation,
documentation, curation, acquisition, protection, management, rehabilitation, restoration,
stabilization, maiatenanee and feeem"etie , maintenance, research, interpretation,
conservation, and education and training regarding theforegoing activities or any
combination of the foregoing activities.
(9) "Cultural park" means a definable urban w area which is distinguished by historic
resources and land related to such resources and which constitutes an interpretive,
educational, and recreational resource for the public at large.
(10) 'Historic conservation district" means an urbaB aFea of ene or MOFO Heighberbeeds area
ead which contains -
(A) historic properties,
(B) buildings having similar or related architectural characteristics,
(C) cultural cohesiveness, or
(D) any combination of the foregoing.
(11) "Secretary" means the Secretary of the Interior acting through the Director of the National
Park Service except where otherwise specified.
(12) "State Historic Preservation Review Board" means a board, council, commission, or other -
similar collegial body established as provided in section 101 (b)(1)(B)-
(A) the members of which are appointed by the State Historic Preservation Officer
(unless otherwise provided for by State law),
(B) a majorityof the members of which are professionals qualified in the following and
related disciplines: history, prehistoric and historic archaeology, architectural history,
and afehiteeaar-e architecture, folklore, cultural anthropology, curation, conservation,
and landscape architecture; and
(C) which has the authority to-
(i) review National Register nominations and appeals from nominations;
(ii) review appropriate documentation submitted in conjunction with the Historic
Preservation Fund;
(iii) provide general advice and guidance to the State Historic Preservation Officer,
and
Civ) perform such other duties as may be appropriate.
(13) "Historic preservation review commission" means a board, council, commission, or other
similar collegial body which is established by State or local legislation as provided in
section 101 (c)(1)(B), and the members of which are appointed, unless otherwise provided
by State or local legislation, by the chief elected official of the jurisdiction concerned from
among -
(A) professionals in the disciplines of architecture, history, architectural history,
planning, af ehaeelegy, prehistoric and historic archaeology, folklore, cultural
anthropology, curation, conservation, and landscape architecture or related
disciplines, to the extent such professionals are available in the community
concerned, and
Nwember 1992
r190
32
Section 301, continued
NHPA with 1992 Amendments
(B) such other persons as have demonstrated special interest, experience, or knowledge in
history, architecture, or related disciplines and as will provide for an adequate and
qualified commission.
(14) "Tribal lands' means -
(A) all lands within the exterior boundaries of any Indian reservation; and
(B) all dependent Indian communities.
(15) 'Certified local government' means a local government whose local historic preservation
program has been certified pursuant to section 101 (c).
(76) 'Council' means the Advisory Council on Historic Preservation established by section 201.
(17) 'Native Hawaiian' means any individual who is a descendant of the aboriginal people
who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the
State of Hawaii.
(18) 'Native Hawaiian organization' means any organization which -
(A) serves and represents the interests of Native Hawaiians;
(B) has as a prwuvy and stated purpose the provision of services to Native Rawaiians;
and
(C) has demonstrated expertise in aspects of historic preservation that are culturally
significant to Native Hawaiians.
Me term includes, but is not limited to, the Office of Hawaiian Affairs of the State of
Hawaii and Hui Malama I Na Kaouna 0 Hawai 7 Nei, an organization incorporated under
the laws of the State of Hawaii.
Section 302 (16 U.S. C. 470w-1)
Where appropriate, each Federal agency is authorized to expend funds appropriated for its
authorized programs for the purposes of activities carried out pursuant to this Act, except to the
extent appropriations legislation expressly provides otherwise.
Section 303 (76 U.S. C 47OK-2)
(a) The Secretary is authorized to accept donations and bequests of money and personal property for
the purposes of this Act and shall hold, use, expend, and administer the same for such purposes.
(b) The Secretary is authorized to accept gifts or donations of less than fee interests in any historic
property where the acceptance of such interests will facilitate the conservation or preservation of such
properties. Nothing in this section or in any provision of this Act shall be construed to affect or
impair any other authority of the Secretary under other provision of law to accept or acquire any
prop�rty for conservation or preservation or for any other purpose.
Nwomber 1992
091
NHPA with 1992 Amendments 33
Section 304 (16 U.S.C. 4702-3)
The head of any Federal
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(a) A UTHORrrY To WMIHoLD FRom DiscWsURE.-Vie head of a Federal agency or other public official
receiving grant assistance pursuant to this Act, after consultation with the Secretary, shall withhold
from disclosure to the public, information about the location, character, or ownership of a historic
resource if the Secretary and the agency determine that disclosure may-
(1) cause a significant invasion ofprivacy;
(2) risk harm to the historic resource; or
(3) impede the use of a traditional religious site by practitioners.
(b) A cczss DE7ERmLm477oN. -When the head of a Federal agency or other public official has
determined that information should be withheldftom the public pursuant to subsection (a), the
Secretary, in consultation with such Federal agency head or official, shall determine who may have
access to the informationfor the purpose of car7ying out this Act.
(c) ConsvLTA77oN wrrH Couivcm -When the information in question has been developed in the course
of an agency's compliance with section 106 or 11009, the Secretary shall consult with the Council in
reaching determinations under subsections (a) and (b).
Section 305 (16 U.S.0 47Ow4)
In any civil action brought in any United States district court by any interested person to enforce
the provisions of this Act, if such person substantially prevails in such action, the court may award
attorneys' fees, expert witness fees, and other costs of participating in such action, as the court deems
reasonable.
Section 306 (16 U.S.C. 470w-5)
(a) In order to provide a national center to commemorate and encourage the building arts and to
preserve and maintain a nationally significant building which exemplifies the great achievements of
the building arts in the United States, the Secretary and the Administrator of the General Services
Administration are authorized and directed to enter into a cooperative agreement with the Committee
for a National Museum of the Building Arts, Incorporated, a nonprofit corporation organized and
existing under the laws of the District of Columbia, or its successor, for the operation of a National
Museum for the Building Arts in the Federal Building located in the block bounded by Fourth Street,
Fifth Street, F Street, and G Street, Northwest in Washington, District of Columbia. Such museum
shall-
Novemb� 1992
,-.jj 092
34
Section 306(a), continued
NHPA with 1992 Amendments
(1) collect and disseminate information concerning the building arts, including the
establishment of a national reference center for current and historic documents,
publications, and research relating to the building arts;
(2) foster educational programs relating to the history, practice and contribution to society of
the building arts, including promotion of imaginative educational approaches to enhance
understanding and appreciation of all facets of the building arts;
(3) publicly display temporary and permanent exhibits illustrating, interpreting and
demonstrating the building arts;
(4) sponsor or conduct research and study into the history of the building arts and their role in
shaping our civilization; and
(5) encourage contributions to the building arts.
(b) The cooperative agreement referred to in subsection (a) shall include provisions which-
(1) make the site available to the Committee referred to in subsection (a) without charge;
(2) provide, subject to available appropriations, such maintenance, security, information,
janitorial and other services as may be necessary to assure the preservation and operation
of the site; and
(3) prescribe reasonable terms and conditions by which the Committee can fulfill its
responsibilities under this Act.
(c) The Secretary is authorized and directed to provide matching grants-in-aid to the Committee
referred to in subsection (a) for its programs related to historic preservation. The Committee shall
match such grants-in-aid in a manner and with such funds and services as shall be satisfactory to the
Secretary, except that no more than $500,000 may be provided to the Committee in any one fiscal
year.
(d) The renovation of the site shall be carried out by the Administrator with the advice of the
Secretary. Such renovation shall, as far as practicable-
(1) be commenced immediately,
(2) preserve, enhance, and restore the distinctive and historically authentic architectural
character of the site consistent with the needs of a national museum of the building arts
and other compatible use, and
(3) retain the availability of the central court of the building, or portions thereof, for
appropriate public activities.
(e) The Committee shall submit an annual report to the Secretary and the Administrator concerrung its
activities under this section and shall provide the Secretary and the Administrator with such other
information as the Secretary may, from time to time, deem necessary or advisable.
(f) For purposes of this section, the term "building arts" includes, but shall not be limited to, all
practical and scholarly aspects of prehistoric, historic, and contemporary architecture, archaeology,
construction, building technology and skills, landscape architecture, preservation and conservation,
Novmnber 1992
".); " 093
NHPA with 1992Amendments 35
Section 306(f), continued
building and construction, engineering, urban and community design and renewal, city and regional
planning, and related professions, skills, trades and crafts.
Section 307 (16 U.S. C. 47OK-6)
(a) At least thirty days prior to publishing in the Federal Register any proposed regulation required by
this Act, the Secretary shall transmit a copy of the regulation to the Committee on Interior and Insular
Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the
Senate. Ile Secretary also shall transmit to such committees a copy of any final regulation prior to
its publication in the Federal Register. Except as provided in subsection (b) of this section, no final
regulation of the Secretary shall become effective prior to the expiration of thirty calendar days after
it is published in the Federal Register during which either or both Houses of Congress are in session.
(b) In the case of an emergency, a final regulation of the Secretary may become effective without
regard to the last sentence of subsection (a) if the Secretary notified in writing the Committee on
Interior and Insular Affairs of the United States House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate setting forth the reasons why it is necessary
to make the regulation effective prior to the expiration of the thirty -day period.
(c) Except as provided in subsection (b), the regulation shall not become effective if, within ninety
calendar days of continuous session of Congress after the date of promulgation, both Houses of
Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows:
"'rbat Congress disapproves the regulation promulgated by the Secretary dealing with the matter
of— , which regulation was transmitted to Congress on the blank spaces therein being
appropriately filled.
(d) If at the end of sixty calendar days of continuous session of Congress after the date of
promulgation of a regulation, no committee of either House of Congress has reported or been
discharged from further consideration of a concurrent resolution disapproving the regulation, and
neither House has adopted such a resolution, the regulation may go into effect immediately. If,
within such sixty calendar days, such a committee has reported or been discharged form further
consideration of such a resolution, the regulation may go into effect not sooner than ninety calendar
days of continuous session of Congress after its promulgation unless disapproved as provided for.
(e) For the purposes of this section-
(1) continuity of session is broken only by an adjournment sine die; and
(2) the days on which either House is not in session because of an adjoumment of more than
three days to a day certain are excluded in the computation of sixty and ninety calendar
days of continuous session of Congress.
(f) Congressional inaction on or rejection of a resolution of disapproval shall not be deemed an
expression of approval of such regulation.
N�embcr 1992
�w 094
'..0
90�
TITLE IV
Section 401
NHPA with 1992 Amendments
7he Congress finds and declares that, given the complexuy of technical problems encountered in
preserving historic properties and the lack of adequate distribution of technical information to
preserve such properties, a national initiative to coordinate and promote research, distribute
information, and provide training about preservation skills and technologies would be beneficial.
Section 402
For the purposes of this title-
(1) 7he term 'Board" means the National Preservation Technology and Training Board
established pursuant to section 404.
(2) 7he term "Center' means the National Centerfor Preservation Technology and Training
established pursuant to section 403.
(3) 7he term 'Secretary' means the Secretary of the Interior.
Section 403
(a) EsTABLisRuENT. - Mere is hereby established within the Department of the interior a National
Centerfor Preservation Technology and Training. 7he Center shall be located at Northwestern State
Univershy of Louisiana in Nachiroches, Louisiana.
(b) PuRposFs. - 7he purposes of the Center shall be to -
develop and distribute preservation and conservation skills and technologiesfor the
idendfication, evaluation, conservation, and interpretation ofprehistoric and historic
resources;
(2) develop and facilitate training for Federal, State and local resource preservation
professionals, cultural resource managers, maintenance personnel, and others wor/ang in
the preservationfield;
(3) take steps to apply preservation technology benefits fi-om ongoing research by other
agencies and institutions;
(4) facilitate the transfer ofpreservation technology among Federal agencies, State and local
governments, universities, international organizations, and the private sector; and
(5) cooperate with related international organizations including, but not limited to the
International Council on Monuments and Sites, the International centerfor the Study of
Preservation and Restoration of Cultural Property, and the International Council on
Museums.
(c) PRoGRAms. -Such purposes shall be carried out through research, professional training, technical
assistance, and programs for public awareness, and through a program of grants established under
section 405.
N�cmbcr 1992
... ):.) 0 95
NHPA with 1992 Amendments 37
Section 403, continued
(d) ExEcurivE DmcToR -7he Center shall be headed by an Executive Director with demonstrated
expertise in historic preservation appointed by the Secretary with advice of the Board.
(e) AssisTANcz FRom SEcRETARY - Me Secretary shall provide the Center assistance- in obtaining such
personnel, equipment, andfacilities as may be needed by the Center to carry out its activities.
Section 404
(a) EsTAzusaAffw -7here is established a Preservation Technology and Training Board
(b) Dv=. -7he Board shall-
(1) provide leadership, policy advice, and professional oversight to the Center;
(2) advise the Secretary on priorities and the allocation of grants among the actirvides of the
Center; and
(3) submit an annual report to the President and the Congress.
(c) MEMBERSIZIP -7he Board shall be comprised of-
(1) Me Secretary, or the Secretary's designee;
(2) 6 members appointed by the Secretary who shall represent appropriare Federal, State, and
local agencies, State and local historic preservation commissions, and other public and
international organizations, and
(3) 6 members appointed by the Secretary on the basis of outstanding professional
qualifications who represent major organizations in the fields of archeology, architecture,
conservation, curation, engineering, history, historic preservation, landscape architecture,
planning, or preservation education.
Section 405
(a) IN GENERAL. -7he Secretary, in consultation with the Board, shall provide preservation rechnology
and training grants to eligible applicants with a demonstrated institutional capability and commitment
to the purposes of the Center, in order to ensure an effective and efficient system of research,
information distribution and shills training in all the related historic preservation fields.
(b) GPANT REQvtREmEN7s. -
(7) Grants provided under this section shall be allocated in such a fashion to reflect the
diversity of the historic preservation fields and shall be geographically distributed.
(2) No grant recipient may receive more than 10 percent of the grants allocated wider this
section ivithin any year.
(3) Me total administrative costs, direct and indirect, chargedfor carrying out grants under
this section may not exceed 25 percent of the aggregate costs.
N�mber 1992
096
38
Section 405, continued
NHPA with 1992 Amendments
(c) EuGiBLE APPLicAmn -Eligible applicants may include Federal and non -Federal laboratories,
accredited museums, universities, non-profit organizations; offices, units, and Cooperative Park Study
Units of the National Park System, State Historic Preservation Offices, tribal preservation offices, and
Native Hawaiian organizations.
(d) STANDAws. -All such grants shall be awarded in accordance with accepted professional standards
and methods, including peer review ofprojects.
(e) AvTHoRzzA77oN OF APPROPRUTions.-7here is authorized to be appropriated to cany out this
section such sums as may be necessary.
Section 406
(a) A ccEPTAmc:E OF GR4N7s Am 7kANsFERs -7he Center may accept -
grants and donationsfrom private individuals, groups, organizations, corporations,
foundations, and other entities; and
(2) transfers offundsfrom other Federal agencies.
(b) CONMC73 AAD COOPERATIVE AGRMffATs. -Subject to appropriations, the Center may enter into
contracts and cooperative agreements with Federal, State, local, and tribal governments, Native
Hawaiian organizations, educational institutions, and other public entities to car7y our the Center's
responsibilities under this title.
(c) A u7*HoR1ZA77oN OF APPRopRuitoNs. -7here are authorized to be appropriated such sigins as may be
necessaryfor the establishment, operation, and maintenance of the Center. FundsJbr the Center
shall be in addition to existing National Park Service programs, centers, and offices.
Section 407
In order to improve the use of existing National Park Service resources, the Secretary shallfidly
utilize and further develop the National Park Service preservation rincluding conservation) centers and
regional offices. 7he Secretary shall improve the coordination of such centers and offices within the
National Park Service, and shall, where appropriate, coordinate their activities with the Center and
with other appropriate parties.
Nmember 1992
1 1 097
J
NHPA with 1992 Amendments
APPENDIX I
National Historic Preservation Act Amendments of 1980, Public Law 96-515,
December 12, 1980, 94 Stat. 3000
39
This appendix contains related legislative provisions enacted in the National Historic Preservation Act
Amendments of 1980 but that are not part of the National Historic Preservation Act.
Section 208 (16 U.S.C. 469c-2)
Notwithstanding section 7(a) of the Act of June 27, 1960 (16 U.S.C. 469c), or any other provision
of law to the contrary-
(1) identification, surveys, and evaluation carried out with respect to historic properties within
project areas may be treated for purposes of any law or rule of law as planning costs of the
project and not as costs of mitigation;
(2) reasonable costs for identification, surveys, evaluation, and data recovery carried out with
respect to historic properties within project areas may be charged to Federal licensees and
permittees as a condition to the issuance of such license or permit; and
(3) Federal agencies, with the concurrence of the Secretary and after notification of the
Committee on Interior and Insular Affairs of the United States House of Representatives
and the Committee on Energy and Natural Resources of the United States Senate, are
authorized to waive, in appropriate cases, the I per centurn limitation contained in Section
7(a) of such Act.
Section 401 (76 U.S. C. 470a-1)
(a) The Secretary of the Interior shall direct and coordinate United States participation in the
Convention Concerning the Protection of the World Cultural and Natural Heritage, approved by the
Senate on October 26, 1973, in cooperation with the Secretary of State, the Smithsonian Institution,
and the Advisory Council on Historic Preservation. Whenever possible, expenditures incurred in
carrying out activities in cooperation with other nations and international organizations shall be paid
for in such excess currency of the country or area where the expense is incurred as may be available
to the United States.
(b) The Secretary ofthe Interior shall periodically nominate properties he determines are of
international significance to the World Heritage Committee on behalf of the United States. No
property may be so nominated unless it has previously been determined to be of national significance.
Each such nomination shall include evidence of such legal protections as may be necessary to ensure
preservation of the property and its environment (including restrictive covenants, easements, or other
forms of protection). Before making any such nomination, the Secretary shall notify the Committee
on Interior and Insular Affairs of the United States House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate.
November 1992
098
IM
Appendix 1, Section 401, continued
NHPA with 1992 Amendments
(c) No non -Federal property may be nominated by the Secretary of the Interior to the world Heritage
Committee for inclusion on the World Heritage List unless the owner of the property concurs in
writing to such nomination.
Section 402 (16 U.S. C. 470a-2)
Prior to the approval of any Federal undertaking outside the United States which may directly and
adversely affect a property which is on the World Heritage List or on the applicable country's
equivalent of the National Register, the head of a Federal agency having direct or indirect jurisdiction
over such undertaking shall take into account the effect of the undertaking on such property for
purposes of avoiding or mitigating any adverse effects.
Section 502 (16 U.S. C. 470a note)
The Secretary, in cooperation with the American Folklife Center of the Library of Congress shall,
within two years after the date of the enactment of this act, submit a report to the President and the
Congress on preserving and conserving the intangible elements of our cultural heritage such as arts,
skills, folklife, and folkways. The report shall take into account the view of other public and private
organizations, as appropriate. This report shall include recommendations for legislative and
administrative actions by the Federal Government in order to preserve, conserve, and encourage the
continuation of the diverse traditional prehistoric, historic, ethnic, and folk culatral traditions that
underlie and are a living expression of our American heritage.
Section 503 (16 U.S. C. 470i note)
The Advisory Council on Historic Preservation, in cooperation with the Secretary and the
Secretary of the Treasury, shall submit a report to the President and the Congress on Federal tax laws
relating to historic preservation or affecting in any manner historic preservation. Such report shall
include recommendations respecting amendments to such laws which would further the purposes of
this Act. Such report shall be submitted within one year after the date of enactment of this Act.
Section 504 (16 U.S. C 470h note)
The Secretary shall submit a report directly to the President and the Congress on or before June 1,
1986, reviewing the operation of the Historic Preservation Fund and the national historic preservation
program since the enactment of this Act and recommending appropriate funding levels, the time
period for the reauthorization for appropriations from the fund, and other appropriate legislative
action to be undertaken upon the expiration of the current fund authorization.
Section 505 (40 U.S.C. 874 note)
The Pennsylvania Avenue Development Corporation shall review the development plan for those
parts of the development area which are not under development or committed f6r development as of
N�cmber 1992
0 9 9
NHPA with 1992 Amendments
Appendix I, Section 505, continued
41
the date of the enactment of this Act, to identify means by which the historic values of such parts of
the development area may be preserved and enhanced to the maximum extent feasible. The foregoing
review shall not be limited by the applicable provisions of the development plan in effect at the time
of the review; nor shall the review require any actions by the Corporation during the course of the
review or during its consideration by the Congress. Within one year of the date of this act the
Corporation shall submit to the appropriate committees of Congress a report containing the findings of
the review required under this section, together with the Corporation's recommendations for any
legislative measures or funding necessary to carry out the purposes of this section. The report shall
also include a description of those activities which the Corporation proposes to undertake to carry out
the purposes of this section and the financial implications of carrying out those activities.
Section 506 (16 U.S. C. 470a note)
The Secretary shall undertake a comprehensive study and formulate recommendations for a
coordinated system of cultural parks and historic conservation districts that provide for the
preservation, interpretation, development, and use by public and private entities of the prehistoric,
historic, architectural, cultural, and recreational resources found in definable urban areas throughout
the Nation. The study shall propose alternatives concerning the management and funding of such
system by public and- private entities and by various levels of government. The Secretary shall submit
a report of his study and recommendations to the President and the Congress within two years after
the enactment of this Act.
Section 507 (16 U.S. C 470a note)
The Secretary, in cooperation with the Secretary of the Treasury, the Administrator of the United
States Fire Administration, and the Administrator of the Federal Insurance Administration, shall
submit a report to the President and the Congress on fire in historic properties. Such report shall
include a review of Federal laws to determine any relationship between these laws and arson or fire
by "suspicious origin", and to make recommendations respecting amendments to such laws should a
correlation be found to exist. Such report shall include the feasiblity and necessity of establishing or
developing protective measures at the Federal, State, or local level for the prevention, detection, and
control of arson or fire by "suspicious origin" in historic properties. Such report shall also include
recommendations regarding the Federal role in assisting the States and local governments with
protecting historic properties from damage by fire. Such report shall be submitted within eighteen
months after the date of enactment of this Act.
Nmember 1992
! , j 100
42
APPENDIX It'
SEC. 4021. RECOMMENDATIONS.
NHPA with 1992 Amendments
7he Secretary of the Interior, in consultation with the Advisory Council, shall seek to ensure that
historic properties preserved under the National Historic Preservation Actfidly reflect the historical
experience of this nation.
SEC.4023. REQUIREMENT FOR SPECIFIC AUTHORIZ4 TION FOR PROJECTS
UNDER THE HISTORIC SITES, BUILDINGS, AND ANTIOU177ES ACT.
Section 6 of the Act entitled 'An Act toprovidefor thepreservation of historic American sites,
buildings, objects, and antiquities of national significance, andfor otherpurposes' (16 U.S. C. 461-
467) is amended to read asfiollows:
SEC. 6. REQUIREMENT FOR SPECIFIC AUTHORIZATION FOR PROJECTS
UNDER THE HISTORIC SITES, BUILDINGS, AND ANTIQUITIES A C7.
(a) IN GENERAL. -Except as provided in subsection (b), notwithstanding any other provision of
law, no funds appropriated or otherwise made available to the Secretary of the Interior to
carry out section 2(e) or 20 may be obligated or expended after the date of enactment of
this section-
(7) unless the appropriation of such funds has been specifically authorized bylaw
enacted on or after the date of enactment of this section; or
(2) in excess of the amount prescribed by law enacted on or after such date.
(b) SA vvvGs PRo visiom -Nothing in this section shall prohibit or limit the expenditure or
obligation of any fiouis appropriated prior to January 1, 1993.
(c) A urw=477oN oF APPROPRU77oNs. -Except as provided by subsection (a), there is
authorized to be appropriatedfor carrying out the purposes of this Act such sums as the
Congress may from time to tune determine.
SEC.4024. MARTIN LUTHER KING, JUNIOR, NATIONAL HISTORIC SITE AND
PRESER VA TION DISTRICT.
(a) BouNDARY MoDiFicA77om -Subsection (a) of the first section of the Act entitled 'An Act to
establish the Martin Luther King, Junior, National Historic Site in the State of Georgia,
and for other purposes' (Public Law 96-428; 94 Stat. 1839), establishing the Martin
2 it was not clear where the following sections at the end of HR 429 zhould be placed in the corac= of the full NHPA, so they am included
hem as an appendix.
November 1992
101
NHPA with 1992 Amendments
Appendix 11, SEC. 4024(a), continued
Luther King, Junior, National Historic Site and Preservation District, is amended by striking
-numbered NASMISER0120, 109-C, and dated May 1980' and inserting in lieu thereof *number
489180,013B, and dated September 1992.
(b) UwrrA77oN oN APPRopRu7mns. -Section 6 of Public Law 96-428 (94 Stat. 1842) is
amended by striking ', but not to exceed $1,000,000for development, $100,000for local
planning, and $3,500,000for the acquisition of lands and interests therein'.
SEC. 4025. SECRETARIAL REPORT.
(a) REPoRT. -Not later than one year after the date of enactment of this Act, the Secretary of
the Interior shall prepare and submit to the Congress a report on the manner in which
properties are listed or determined to be eligible for listing on Zke National Register,
including but not limited to, the appropriateness of the criteria used in determining such
eligibility, and the effect, if any, of such listing orfinding of eligibility.
43
(b) PREPARA77oN. -In preparing the report, the Secretary shall consult with, and consider the
views and comments of other Federal agencies, as well as interested individuals and public
and private organizations, and shall include representative comments received as an
appendix to the report.
Nmemb� 1992
, 1 1 ,
. j,_ 102
B1 #3
STAFF REPORT
HISTORICAL PRESERVATION COMMITTEE MEETING
DATE: SEPTEMBER 15, 1994
ITEM: RULES OF CONDUCT FOR A PUBLIC HEARING
BACKGROUND:
Attachment 1 contains the Rules of Conduct for a Public Hearing that are to be
followed by the Historical Preservation Commission when conducting public hearings.
These rules provide a step-by-step guide to procedures to be followed by the
Commissioners.
RECOMMENDATION:
None required* at this time.
Attachments:
1 . Rules of Conduct for a Public Hearing
RPCSTP.004
I . J 103
AttaChment I
CITY OF LA QUINTA
held by the La Quinta Historical Preservation Commission
The following procedural rules shall be observed in the conduct of hearings relating to historic
preservation matters:
1. The Chairman will introduce the case to be heard.
2. All those in the audience desiring to be heard on the announced case, either for or
against, or those who think they may care to speak, are asked to fill out a form indicating
which item they wish to address the Commission on and give it to the secretary.
3. The Chairman will then officially open the public hearing.
4. The Chairman will ask for applicable staff reports followed by Commission questions of
staff.
5. Evidence shall be presented in the following order:
A. The applicant and those in favor of the application will be heard.
B. Those opposed to the application will be heard.
C. The applicant, for the purpose of rebuttal, may be heard.
(NOTE: After being recognized by the Chairman, an individual wishing to be heard
should step to the podium, speak directly into the microphone, give his/her name
and home address and present his views on the matter under consideration.)
6. The Chairman will then close the public hearing and invite the members of the
Commission to express themselves on the case.
7. The Chairman will then call for action by the Commission. The La Quinta Municipal
Code calls for the Commission to act by a minute motion or a resolution.
FORM.026
104
HISTORIC PRESERVATION COMMISSION
STAFF REPORT
DATE: SEPTEMBER 15,1994
ITEM: CERTIFIED LOCAL GOVERNMENT APPLICATION
BACKGROUND
On October 5, 1993, the City Council directed staff to prepare an application for
certification through the Certified Local Government (CLG) Program, at the threshold
level of participation. The threshold level is the basic entry level of certification. On July
15, 1994, the Historic Preservation Commission (HPQ was presented with an
informational staff report about this program.
An application packet for submission to the State Historic Preservation Office (SHPO)
has been assembled J.-or review. The packet contains the following components:
Documents of incorporation for La Quinta
Ordinance 238 - Historic Preservation
Commissioner Resumes
Staff resumes
Exerpts from La Quinta General Plan listing Historical Resources
Preservation Program Summary
Council Resolution
DISCUSSION
The application packet will contain all of the above listed items as required by the CLG
Program. The application is scheduled to be presented to the Council for approval on
October 4, 1994, at their regular meeting, as a consent calendar item. After Council
approves the submittal of the packet, staff will mail two copies of the packet to SHPO.
The review process will take approximately 45 days. The application will be reviewed by
SHPO and the National Park Service. A committee of SHPO staff members will review
the application to determine the city's ability to meet state requirements fm the CLG
program. When the certification request has been approved, the state will prepare a
written certification agreement for presentation to the City. The certification agreement
will identify the minimum required responsibilities of the City when certified. The
agreement can also include any additional responsibilities delegated to the CLG. The
State will then forward to the Secretary of the Interior a copy of the approved request and
the certification agreement. If the Secretary of the Interior does not take exception to the
105
request within 15 working days of receipt of the state's request, the City will then be
regarded as certified by the Secretary of the Interior.
RECOMMENDATION
Move to recommend to the City Council approval of the application and submittal to the
Certified Local Government Program.
Attachments:
1. CLG Application packet
106
t
CERTIFIED LOCAL GOVERNMENT
HISTORIC PRESERVATION PROGRAM
CERTIFICATION APPLICATION
The XX City _00000raf La Quinta requests
certification of its historic preservation program in accordance with the
Procedures for Certified Local Government Historic Preservation Program
of the State of California.
We request certification at the
participation.
Enclosed are:
.XLthreshhold —expanded level of
XX Copy of the local historic preservation legislation (ordinance, etc.)
XX Copy of local government charter, with description of the boundaries
administered
XX Resumes for each of the members of the historic preservation commission
Names# resumes, and phone numbers,
responsible for administration of
commission or local government
where appropriate, of staff members
the historic preservation program for
XX If begun, evidence of cultural resources survey(s) performed in the
community, with information on the progress and future intended uses of
the survey
_X&_Brief explanation of activities proposed by the local government to
provide the state with preliminary information on suggested work
functions for the selected level of participation
xx arief description of how this local government meets each of the
requirements listed in the Procedures (pages 3-6, I-rV)
XX Resolution adopted authorizing application for Certified Local Govern-
ment status and specifying title of person authorized to sign program
documents and agreements
I assure the State of California that this government fulfills and shall
fulfill all the requirements of the certification standards.
Signature of Chief Elected Official Date
MAYOR 107
Title
L
C11
CQ
0-
K4
808
------ Out,
IN
LOCAL AGENCY FORMATION COMMISSION 0 County of RZI, C
0
CERTIFICATE OF COMPLETION
1, WAYNE B. CURREN, Assistant Executive Officer of the Local Agency Formation
Commission, named herein, hereby certify that the Riverside County Board of
Supervisors has completed a change of organization as follows:
The name of the County in which the entire area of the City involved is
located is: COUNTY OF RIVERSIDE.
The kind of change of organ i zati on -completed is: AN INCORPORATION.
The short Otle of the action is LAFCO #81-35-4-- Incorporation of the
City of La Quinta.
The legal description of the action is set forth in the attached Exhibit "A".
A map of the area is also attached.
00
co
CL
< 11 1
Is f .
The terms and conditions, if any, of the change of organization is set forth in
the resolution ordering the incorporation are contained in the attached resolution
No. 82-145.
The area is inhabited.
The change of organization was confirmed by the voters and the resolution confirming
the incorporation after confirmation by the voters was adopted by the Riverside
County Board -of Supervisors on April 27, 1982, by Resolution No. 82-145.
Dated: April 28, 1982 U
Jo!j
Assistan xecu ve icer
1)
ROBERT T. ANDERSEN ADMINISTRATIVE CENTER * 40SOLEMONSTREET 0 IZTHFLOOR 0 RIVERSIDE, CALIFORNIA 92SOI
EXHIBIT "A"
LEGAL DESCRIPTION
FOR THE
PROPOSED INCORPORATION OF THE
CITY OF LA QUINTA
LAFCO NO. 81-35-4
Being a portion of Section 25 and all of Section 36, Township 5 South,
Range 6 East, San Bernardino Base and Meridian, and all of Section 31 and 32,
Township 5 South, Range 7 East, San Bernardino Base and Meridian, and a portion of
Sections 19 and 30, Township 5 South, Range 7 East, San Bernardino Base and
Meridian, and all of Sections 1, 12, 13, 24 and 25, Township 6 South, Range 6 East,
San Bernardino Base and Meridian, and all of Sections 5, 6, 7, 8, 17, 18, 19, 20,
29 and 30, Township 6 South, Range 7 East, San Bernardino Base and Meridian,
described as follows:
Beginning at the Northwest corner of Section 32, Township 5 South, Range 7
East, San Bernardino Base and Meridian;
(1) Thence East along the North line of said Section 32 to the Northeast
corner thereof;
(2, 3, 4, 5) Thence South along the East line of said Section 32 and the
East lines of Sections 5, 8, 17, 20, and 29, Township 6 South, Range 7 East;
(6) Thence Westerly along the South lines of said Section 29 and
Section 30 to the Southeast corner of Section 25, Township 6 South, Range 6 East;
(7) Thence continuing West along said South line to the Southwest corner ,
of said Section 25;
(8) Thence proceed North along the West lines of Sections 25, 24, 13, 12,
and 1, Township 6 South, Range 6 East to the Northwest corner of said Section
I thereof;
...'Jo 109
Legal Description f
Proposed Incorporation , C tY
of La Quinta
Page 2
(9) Thence Easterly along the North line of said Section I to the
Vi
o Southwest corner of Section 36, Township 5 South, Range 6 East;
CI
eq (10) Thence North along the West line of said Section 36 to the Northwest
corner thereof;
(11) Thence Easterly along the North line of Section 36 to the North one -
quarter corner of said Section, said comer also being the South one -quarter corner
of Section 25, Township 5 South, Range 6 East;
(12) Thence Northeasterly to the Southwest corner of the East one-half of
the Northwest one -quarter of Section 30 of said Township 5 South, Range 6 East, San
Bernardino Base and Meridian, said corner also being the Southwest corner of
Tract No. 2117, as shown on map, Book 40, Page 82, of Maps, Records of the
Recorder, County of Riverside, California;
(13) Thence Northerly along the West line of said Tract No. 2117, and along
the West line of said East one-half of the Northwest one -quarter of Section 30 to
the Northwest one -sixteenth corner thereof; said Northwest corner also being the
Southeast comer of the Southwest one -quarter of the Southwest one -quarter of
Section 19;
(14) Thence Northerly along the East line of said Southwest one -quarter of
the Southwest one -quarter of Section 19 to a point of intersection with the South
right of way line of State Highway 111, 100 feet wide, as shown on map, Record of
Survey, Book 25, Page 89, Records of the Recorder, County of Riverside, California;
(15) Thence North 820 36' 30" West, along the said South line of State
Highway ill, to be Westerly right of way line of Flood Control Channel 28A, 250.00
feet wide, as shown on said map, Record of Survey Book 25, Page 89, Records of the
Recorder, County of Riverside, California;
(16) Thence North 260 11' 00" East, along the said Westerly right of way
of Flood Control Channel 28A, a distance of 353.97 feet, to the Southerly right of
.!,.!i ( J, I 19
Legal Description
'Proposed Incorporation 0 ty
gf La Quinta
Page 3
way line of the Coachella Valley Stormwater Channel, as shown on map 800-N,
C-4
1'* Official Records of the Surveyor, County of Riverside, California;
The following 7 courses are along said Southerly line of said Coachella
Valley Storrrwater Channel, as shown on said Map 800-N.
(17) Thence South 820 37' 40" East, 264.12 feet;
(18) Thence North 260 11' 00" East, 42.22 feet to a point of curve;
(19) Thence Northeasterly, along an arc of curve, concave to the right,
having a radius of 300.00 feet, through a central angle of 620 24' 46", a distance
of 328.85 feet;
(20) Thence North 880 55' 26" East, 263.20 feet to a point of curve;
(21) Thence Easterly and Southeasterly along an arc of curve, concave to
the right, having a radius of 2000.00 feet, through a central angle of 450 00' 14",
a distance of 1571.17 feet;
(22) Thence South 460 04' 20" East, 583.79 feet to a point of curve;
(23) Thence Southeasterly along an arc of curve, concave to the left, having
a radius of 4500-00 feet, through a central angle of 24* 10' 3211, a distance of
1898.74 feet to a point of intersection on the Easterly line of Section 30, Township
5 South, Range 7 East, said point being 885.42 feet south of the Northeast corner of
Section 30;
(24) Thence Southerly along said Easterly line of said Section. 30 to the
Southeast corner thereof, also being the Northwest corner of said Section 32,
Township 5 South, Range 7 East, also being the point of beginning;
Containing 19 square miles, more or less.
THIS LEG4AL DESCRIPT!9N APPROVED
By j3USIDE COUNTY S RVEYOR
BY F, �1/ —
3
4
5
6
7
981
Board of Supervisors
County of Riverside
RESOLUTION NO. 82-145
DECLARING THE TOTAL NUMBER OF VOTES CAST ON APRIL 13, 1982 IN
THE ELECTION OF INCORPORATION OF THE CITY OF LA QUINTA;
CONFIRMING THE ORDER OF INCORPORATION OF THE CITY OF
LA QUINTA; DECLARING PERSONS ELECTED TO THE CITY
COUNCIL OF THE CITY OF LA QUINTA AND DECLARING
THE ELECTION AT LARGE OF CITY OFFICERS
WHEREAS, an election for the Incorporation of the City of
Quinta# County of Riverside, California, was held on April 13,
10111982; now, thereforer
n
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JAMES H. ANGELL
COUNTYCOUNSEL
BE IT RESOLVEDe FOUND AND DETERMINED by the Board of Super -
of the County of Riverside, State of California, in regular
assembled on April,27,, 1982, as the conducting authority for
Incorporation of Cathedral City that:
1. The total number of ballots cast on April 13, 1982, was
1382. The total number of votes cast on the question of Incor-
poration of La Quints, was 1367 of which 1025 were cast in favor
incorporation and 342 cast against incorporation.
2. The Incorporation Order of the Board of Supervisors of
Riverside.County adopted January 5s 1982, by Resolution No. 82-
8 is confirmed.
3. The name of the area of incorporation as set forth in
Resolution No. 82-2. as adopted by this'Board on January 5,, 1982,
shall be wThe City of La Quinta'.
4. The following individuals has been elected members of
the City Council of the City of La Quints:
Fred Wolff
Eugene F. Abbott
Bob Baier
John L. Henderson
LDG
LAW LMOFORN
JaW
112
III
61
6
17
9
10
.11
12
13
14
15
16�
17
is
19
20
21
22
23
24
25
26
Pc:jf 21
4/20/82 V
JAMES H. ANGELL
CCXJNTYCOUNSEL
orU&PIARAIL19FLOORONIA
M C
Judith A. Cox
5. The system of electing Council members for the City of
La Quinta in all future elections shall be by election at large
and not election by district.
6. The Clerk of this Board shall cause a certified copy
of this Resolution to be filed with the Executive officer of the
Local Agency Formation Commission of Riverside County.
Roll Call resulted as follows:
Ayes. Abraham, Schroeder, McCandless, Younglove and Ceniceros
Noes: None
Absent: None
The forellioing is ceit tied to be a true copy of a
resolution duly adi�tA by aid Board of Super.
vis-rs on the date NTnin wt forth,
W;5;;,��of said Board
eputy
I
113
-2-
EXHIBIT "A"
LEGAL DESCRIPTION
FOR THE
PROPOSED INCORPORATION OF THE
CITY OF LA QUINTA
LAFCO NO. 81-35-4
Being a portion of Section 25 and all of Section 36, Township 5 South,
Range 6 East, San Bernardino Base and Meridian, and all of Section 31 and 32,
Township 5 South, Range 7 East, San Bernardino Base and Meridian, and a portion of
Sections 19 and 30, Township 5 South, Range 7 East, San Bernardino Base and
Meridian, and all of Sections 1, 12, 13, 24 and 25, Township 6 South, Range 6 East,
San Bernardino Base and Meridian, and all of Sections 5, 6. 7, 8, 17, 18, 19, 200
29 and 30, Township 6 South, Range 7 East, San Bernardino Base and Meridian,
described as follows:
Beginning at the Northwest corner of Section 32, Township 5 South, Range 7
East, San Bernardino Base and Meridian;
(1) Thence East along the North line of said Section 32 to the Northeast
corner thereof;
(2, 3, 4, 5) Thence South along the East line of said Section 32 and the
East lines of Sections 5, 8, 17, 20, and 29, Township 6 South, Range 7 East;
(6) Thence Westerly along the South lines of said Section 29 and
Section 30 to the Southeast corner of Section 25, Township 6 South, Range 6 East;
(7) Thence continuing West along said South line to the Southwest corner ,
of said Section 25;
(8) Thence proceed North along the West lines of Sections 25, 24, 13, 12,
and 1, Township 6 South, Range 6 East to the Northwest corner of said Section
I thereof;
jj�
Legal Description
'Proposed Incorporation L City
of La Quinta
Page 2
(9) Thence Easterly along the North line of said Section I to the
Southwest corner of Section 36, Township 5 South, Range 6 East;
(10) Thence North along the West line of said Section 36 to the Northwest
corner thereof;
(11) Thence Easterly along the North line of Section 36 to the North one -
quarter corner of said Section, said comer also being the South one -quarter corner
of Section 25, Township 5 South, Range 6 East;
(12) Thence Northeasterly to the Southwest corner of the East one-half of
the Northwest one -quarter of Section 30 of said Township 5 South, Range 6 East, San
Bernardino Base and Meridian, said corner also being the Southwest corner of
Tract No. 2117, as shown on map, Book 40, Page 82, of Maps, Records of the
Recorder, County of Riverside, California;
(13) Thence Northerly along the West line of said Tract No. 2117, and along
the West line of said East one-half of the Northwest one -quarter of Section 30 to
the Northwest one -sixteenth corner thereof; said Northwest corner also being the
Southeast corner of the Southwest one -quarter of the Southwest one -quarter of
Section 19;
(14) Thence Northerly along the East line of said Southwest one -quarter of
the Southw�st one -quarter of Section 19 to a point of intersection with the South
right of way line of State Highway 111, 100 feet wide, as shown on map, Record of
Survey, Book 25, Page 89, Records of the Recorder, County of Riverside, California;
(15) Thence North 82* 36' 30" West, along the said South line of State
Highway 111, to be Westerly right of way line of Flood Control Channel 28A, 250.00
feet wide, as shown on said map, Record of Survey Book 25, Page 89, Records of the
Recorder, County of Riverside, California;
(16) Thence North 260 11' 00" East, along the said Westerly right of way
of Flood Control Channel 28A, a distance of 353.97 feet, to the Southerly right of
Legal Description
Proposed Incorporation City
of La Quinta
Page 3
way line of the Coachella Valley Stormwater Channel, as shown on map 800-N,
Official Records of the Surveyor, County of Riverside, California;
The following 7 courses are along said Southerly line of said Coachella
Valley Stormwater Channel, as shown on said Map 800-N.
(17) Thence South 820 371 40" East, 264.12 feet;
(18) Thence North 260 11' 00" East, 42.22 feet to a point of curve;
(19) Thence Northeasterly, along an arc of curve, concave to the right,
having a radius of 300.00 feet, through a central angle of 620 24' 46", a distance
of 328.85 feet;
(20) Thence North 880 55' 26" East, 263.20 feet to a point of curve;
(21) Thence Easterly and Southeasterly along an arc of curve, concave to
the right, having a radius of 2000.00 feet, through a central angle of 450 00' 14",
a distance of 1571.17 feet;
(22) Thence South 460 04' 20" East, 583.79 feet to a point of curve;
(23) Thence Southeasterly along an arc of curve, concave to the left, having
a radius of 4500.00 feet, through a central angle of 24* 10' 32", a distance of
1898.74 feet to a point of intersection on the Easterly line of Section 30, Township
5 South, Range 7 East, said point being 885.42 feet south of the Northeast corner of
Section 30;
(24) Thence Southerly along said Easterly line of said Section 30 to the
Southeast corner thereof, also being the Northwest corner of said Section 32,
Township 5 South, Range 7 East, also being the point of beginning;
Containing 19 square miles, more or less.
THIS LEGAL DESCRIPTIQN APPROVED
By aERSIDE COUNTY S�,RVEYOR
BY - F,
FCO
1: LOCAL AGENCY WRMATION COMMISSION 0 Couniyoffliwcrside
STATEMENT OF BOUNDARY CHANGE
TO: State Board of Equalization
Post Office Box 1713
Sacramento, California 95808
RE: LAFCO #81-35-4--Incorporation of the City of La Quinta
Attached is a certified copy of Resolution No. 80-476 adopted by the Riverside
County Board of Supervisors approving the above entitled action and ordering
utilization of regular city or county assessment rolls, and a copy of the legal
description and map of the area.
On April 29, 1982, copies of the completed Certificate of Completion were forwarded
to the County Assessor, County Audi tor- Control 1 er, County Registrar of Voters,
County Surveyor, and the Clerk of the Board of Supervisors. The Certificate of
Completion was recorded on April 28, 1982.
The area contains 19 square miles, more or less.
The City of La Quinta will forward processing fees in the amount of $1,525 upon
receipt of the first revenues as allowed under Chapter 512, Stats. 1978. The amount
includes the $25.00 deferrment charge.
The effective date of incorporation is May 1, 1982. The effective date of take over
of services is January 1, 1983, since the Board of Supervisors has indicated an
intention to continue county services to the new city until the end of this calendar
year.
L�j
Wayne 7Burren
Assistant Executive Officer
Dated: April 29, 1982
I -.jj 117
ROBERTT. ANDERSEN ADMINISTRATIVE CENTER 0 4080 LEMON STREET 0 12TIIFLOOR 9 RIVERSIDE.CALIFORNIA92.501
COPY of rocurn�nt pecorded
onAPR-Z-al�-82P�-, I'!0 a-�'-o
h��s no'k been compar-2d v4;,,h
LOCAL AGENCY FORMATION COMMISSION 0
E. C-N'? Y
Acl,ing Coun"'i [3ecoru`er
RIVERSIDE COUNITY, CALIFORNIA
CERTIFICATE OF COMPLETION
1, WAYNE B. CURREN, Assistant Executive Officer of the Local Agency Formation
Commission, named herein, hereby certify that the Riverside County Board of
Supervisors has completed a change of organization as follows:
The name of the County in which the entire area of the City involved is
located is: COUNTY OF RIVERSIDE.
The kind of change of organization completed is: AN INCORPORATION.
The short title of the action is LAFCO #81-35-4-- Incorporation of the
City of La Quinta.
The legal description of the action is set forth in the attached Exhibit "A".
A map of the area is also attached.
The terms and conditions, if any, of the change of organization is set forth in
the resolution ordering the incorporation are contained in the attached resolution
No. 82-145.
The area is inhabited.
The change of organization was confirmed by the voters and the resolution confirming
the incorporation after confirmation by the voters was adopted by the Riverside
County Board of Supervisors on April 27, 1982, by Resolution No. 82-145.
Dated: April 28, 1982 W—q
AssistajnZx�ecu
Rol��RTT.ANDF,RSENADMINIS'rRATI%'ECENIER 0 4080LEM-ONSTRELT 6 12TIlFLOOR 0 RIVERSIDE, CALIFORNIA 92501
ORDINANCE 238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING TITLE 7
HISTORICAL PRESERVATION OF THE LA QUINTA
MUNICIPAL CODE.
The City Council of the City of La Quinta does ordain as follows:
SECTION 1. Tide 7 of the La Quinta Municipal Code is hereby amended.
SECTION 2. There is hereby added to the La Quinta Municipal Code Title 7 which is
to read as contained in Exhibit "A" hereby attached.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SEC11ON 4. POSTING. 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
it's certification, together with proof of posting to be entered into the Book of Ordinances of the City
of La Quinta.
The foregoing Ordinance was approved and adopted at a meeting of the City Council of the City
of La Quinta held on this 7th day of December, 1993, by the following vote:
AYES: Council Members Bangerter, McCartney, Perkins, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN-1. PERA,%fiyor
City of La Quinta, Califorriia
; A
T'
ZL-2�—
AUNDRA L.1 UROLA, City Clerk
City of La Quinta, California
DAWN HONEYWELL. City Attorney
City of La Quinta, California
ORDDRFT.032 1
TITLE 7
HISTORIC PRESERVATION
Chgpter :
7.02 General Regulation and Administration
7.04 Historic Preservation Commission
7.06 Historic Resources, Historic Landmarks and Historic Districts
7.08 Permits and Permit Procedure
7.10 Enforcement, Penalties, and Severability
Chapter 7.01
GENERAL REGULATIONS AND ADMINISTRATION
Sections:
7.02.010
Short Title.
7.02.020
Purpose and Intent.
7.02.030
Boundaries and Areas of Application.
7.02.040
Definitions.
7.02.050
Review of Development Plan.
7.02.010 Short Title. This title shall be known as the 'Historic Preservation Ordinance".
7.020.020 PuWse and Inte!21. It is the intent and purpose of this title to:
(A) Effect the -protection, enhancement, and perpetuation of historic resources, landmarks,
and districts that represent or reflect elements of the City's diverse cultural, social, economic, political,
and architectural history;
(B) Safeguard the City's historic heritage, as represented by its historic resources, landmarks,
and historic districts;
(C) Stabilize and improve property values;
(D) Foster civic pride in the character and accomplishments of the past;
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(E) Protect and enhance the City's attraction to residents, tourists, and visitors and serve to
support and stimulate business and industry;
(F) Strengthen the economy of the City;
(G) Promote the use of historic districts and landmarks for the education, enjoyment and
welfare of the people of the City.
7.020.030 Boundaries and Areas of Application. This Title shall apply to all historic
resources, publicly and privately owned, within the corporate limits of the City.
7.020.040 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 Historic Preservation 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, along with other structural, cultural,
architectural, archaeological, agricultural, community or aesthetic value, or which represent one or more
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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.
(0) "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 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.
7.020.050 Re
Aew of Dgy&lppment Plan. As part of the environmental review of
development projects affecting historic resources, the plan and application shall be referred to the
Historic Preservation Commission for review if a potential impact has been identified. The Commission
may recommend that specific environmental studies be done as part of the environmental review for the
project. The Commission shall receive notice of all environmental review decisions on a project
potentially affecting any historical resource and may submit written comments to the land use Planning
Director.
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N T. r, 7-rd M MI,
JUNKONJIMUN �.. ITORIMOVInnKORI
Sections:
7.04.010
Creation
7.04.020
Appointment
7.04.030
Duties
7.04.040
Organization, Rules, and Procedures
7.04.010 CmAtion. There is hereby established in the City a Historic Preservation
Commission, hereinafter referred to as the "Commission", consisting of five members appointed by the
City Council. All members of the Commission shall have a demonstrated interest in and knowledge
of historic preservation and the cultural resources of the City.
7.04.020 Appointmen .
(A) Three commissioners shall be appointed from among professionals in the disciplines of
architecture, history, architectural history, planning, 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 City. Two commissioners shall
be lay members who have demonstrated special interest, competence, experience, or knowledge in
historic preservation, American studies, cultural anthropology, cultural geography, or other historic
preservation -related disciplines.
(B) The initial appointment of the members of the Commission shall be as follows: two
members for three years and three members for two years. Thereafter, appointments shall be made for
a three year term.
(C) A member of the Commission may be removed from his or her position by a majority
vote of the City Council. A vacancy is filled in the same manner as the original appointment. A person
appointed to fill a vacancy serves for the remainder of the unexpired term.
(D) The Commission shall fix the time and place of its regular meetings in accordance with
State open Meeting Law. The Commission shall not meet less than once in each three month period.
(E) The Commission shall elect a chair and vice chair from among its members. The chair
and vice chair serve for a term of one year and until the successor of each is elected and takes office.
The secretary shall be the Planning and Development Director or his/her designee.
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(F) (1) Chair. The chair shall preside at all meetings of the Commission. He/she shall
appoint each committee and shall perform the duties necessary or incidental to his/her office.
(2) Vice chair. The vice chair is chair in the absence of the chair or the inability of
the chairperson to act.
(3) Secretary. The secretary shall keep minutes of each meeting and shall record the
official actions taken. On all official actions on which a vote is taken, the secretary shall record the
vote by roll call, with the chairperson voting last. The secretary shall certify each official act and/or
resolution of the Commission. The secretary shall maintain records of operations and shall perform
such other duties as the Commission assigns.
7.04.030 Dutio.
(A) The Commission shall act in an advisory capacity to the City Council, Planning
Commission, and Design Review Board, in all matters relating to the identification, protection,
retention, and preservation of historic areas and sites within the City.
(B) It shall be the responsibility of the Commission to provide advice to the City Council on
the following matters:
(1) Criteria for guidelines to be used in a comprehensive historic survey of properties
within the City;
(2) The designation of historic landmarks or historic districts;
(3) Historic sites and areas to be considered for listing on La Quinta's historic
resources inventory;
(4) The adoption of standards to be used by the Commission in reviewing applications
for permits to construct, change, alter, modify, remodel, remove or significantly affect any historic
resource;
(5) The purchase of interests in property for purposes of historic preservation;
(6) Any other matter which the City Council deems necessary to protect historic
resources.
(C) The Commission shall be responsible for:
(1) Reviewing the conduct of land use, housing and redevelopment, municipal
improvement and other types of planning and programs undertaken by any agency of the City, the
County, or State, as they relate to the historic preservation of the community;
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(2) Publicizing and periodically updating survey results;
(3) Maintaining La Quinta's historic resources inventory;
(4) Maintaining a local register of historical areas and sites within the City;
(5) Performing any other functions that may be designated by the City Council;
(6) Investigating and making recommendations to the City Council on the use of
various Federal, State, local, or private funding sources and mechanisms available to promote historic
resource preservation in the City.
(7) Approval or disapproval, in whole or in part, or approval with conditions of
applications for permits pursuant to Chapter 7.08 of this Title.
(8) Reviewing all applications for permits and environmental documents, pertaining
to local, State, or Federal designated or potentially designated historic resources. The Planning and
Development Department shall forward all such documents to the Commission for review and comment,
prior to review and approval by the Planning Commission as appropriate.
(9) Reviewing the actions and proposed actions and advising on environmental review
processes of all City Departments and public agencies concerning the effects of their actions, programs,
capital improvements, or activities on designated and potential historic resources within the City.
(10) Considering whether denial of Certificates of Appropriateness (permits) affecting
cultural resources results in economic hardship to the property owner according to the procedures
outlined in Chapter 7.08.
(11) Cooperating with local, County, State, and Federal governments in the pursuit of
the objectives of historic resource preservation.
(12) Assuming whatever responsibilities and duties may be assigned to it by the State
under the Certified Local Government Provisions of the National Historic Preservation Act of 1966 as
amended.
(13) Providing opportunities for direct public participation in all -responsibilities
delegated to the Certified Local Government including the survey and National Register nomination
process. Commission meetings shall be open to the public with published agendas and minutes in
accordance with the California Open Meeting Act. Ile published agenda shall be mailed in advance
of meetings to individuals and citizen organizations interested in the Commission's activities.
(14) Rendering advice and guidance, upon the request of the property owner or
occupant, on the restoration, alteration, decoration, landscaping, or maintenance of any historic resource
including landmarks, landmark sites, historic districts, or neighboring properties within public view.
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(15) Rendering advice and guidance to property owners or occupants on procedures
for inclusion of a historic resource on the National Register of Historic Places, and encouraging such
inclusions.
(16) Participate in, promote, and conduct public information, educational, and
interpretive programs pertaining to historic resource preservation.
(17) Undertalcing any other action or activity necessary or appropriate to the
implementation of its power or duties to fulfill the objectives of historic resource preservation.
7.04.040 Orggnization. Rules, and Procedures. The Historic Preservation Commission shall
establish such rules, regulations, and procedures as are consistent with this Chapter for the transaction
of business, and shall keel) a public record of its resolutions, transactions, findings and determinations.
(A) A quorum of the Commission shall be defined as three voting members.
(B) The Commission shall develop and adopt its own operating rules and bylaws, thereafter
having the power and authority to perform all of the duties hereinafter enumerated and provided. The
operating rules and bylaws are to be approved by the City Council.
(C) Keep minutes and records of all meetings and proceedings including voting records,
attendance, resolutions, findings, determinations, and decisions. All such material shall be matters of
public record.
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2611-1te) 210FAZ I 0&&V&WWM IN
I N1 Lei a lei up - t-1 M" M
Sections:
7.06.010 Establishment of Historic Resources Inventory
7.06.020 Criteria for Historic Resources Inventory
7.06.030 Historic Landmark Designation Procedures
7.06.040 Historic District Designation Procedures
7.06.010 Establishment of Historic Resources Inven=. The City Council shall establish
and maintain a historic resources inventory according to the requirements of the State Historic
Preservation Office.
7.06.020 Criteria for Historic Resources InventM. 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.
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 Historical Preservation Commission. The Historical
Preservation Commission, Planning Commission, Design Review Board 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:
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(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,architectuTal 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, photograph, 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 tide, if available.
(C) Within forty-five (45) 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.WO20.
(D) Notice of the public hearing shall be published in a paper of local circulation at least ten
(10) 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 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
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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 (30) 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.
7.06.050 Histgric District Designation Procedure . 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;
(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 Historic Preservation Commission hearing,
the process shall terminate and the Commission shall notify the property owners and applicant of said
termination within fourteen (14) 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 (30) days of its decision. Such recommendation shall include
a report containing the following information:
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(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.
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WITMOTTAUMV.
Sections:
7.08.010 Permits to Work on Historic Resources, Landmarks or Historic Districts
7.08.020 Permit Procedure
7.08.030 Permit Criteria
7.08.040 Duty to Keep in Good Repair
7 . 08.050 Existing Improvements
7.08.010 Permits to Work on Historic Resources, Landmark or Historic District.
(A) It is unlawful for any person to tear down, demolish, construct, alter, remove or relocate
any improvement or any portion thereof which has been designated a historic landmark pursuant to the
provisions of this Chapter, or which lies within an historic district, or to alter in any manner any feature
of such a designated landmark, landmark site or improvement within a historic district without first
obtaining a permit in the manner provided in this Chapter.
(B) No Board, Department, or Commission shall grant any permit to carry out such work on
a designated landmark, landmark site or within a historic district, unless a permit has previously been
issued by the City Council as provided in this Chapter. No application for a building permit, demolition
permit, grading permit, redevelopment permit, conditional use permit, variance, development plan, zone
change, tentative parcel or subdivision maps or any other permit which would allow the addition of a
designated landmark, landmark site or any improvement in a historical district shall be deemed complete
unless a permit has previously been issued pursuant to this Chapter.
(C) No permit shall be necessary for ordinary maintenance and repair if the proposed work
will not alter or change the style, color, design, features, or character of the landmark site or
improvement and a permit is not required under §301(b) of the Uniform Building Code, nor does this
Chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any
such improvement when the Building and Safety Department certifies to the Council that such action
is required for the public safety due to an unsafe or dangerous condition which cannot be rectified
through the use of the State Historical Building Code.
7.08.020 permit Procedure.
(A) An application for a permit to do work in a Historic District or on a designated landmark
shall be submitted to the Planning and Development Department on forms provided by the Planning and
Development Director. This application must include the plans and specifications for the proposed
work. Within thirty (30) days of the receipt of said complete application the Commission shall review
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131
the application and shall make a written report to the City Council. The City Council shall hold a
public hearing on the application within thirty (30) days of receipt of the Commission's report. Notice
of the public hearing shall be given as provided in Chapter 9.164.040 of this Code.
(B) At the conclusion of the public hearing on the permit application, the City Council shall,
by resolution, issue or deny, in whole or in part, any permit application.
7.08.030 Permit Criteri The City Council shall issue a permit for the proposed work
if, and only if, it determines:
(A) In the case of a designated historical site, that the proposed work would not detrimentally
alter, destroy, or adversely affect any architectural or landscape improvement;
(B) If the owner of a designated historical site or landmark demonstrates to the City Council
that such property cannot be economically used and denial of a permit would deprive the owner of all
or most of his or her economic interest in the property, the Council may issue the permit with an
effective date one hundred eighty (180) days from the date of issuance of the permit to allow time for
the investigation of alternatives to the work proposed in the permit application, such as acquisition of
the site or improvement by the City or a public interest group;
(C) In the case of construction of a new improvement, upon a historic site, that the exterior
of such improvement will not adversely affect and will be compatible with the external appearance of
existing historically designated improvements in said site;
(D) That the applicant has presented clear and convincing evidence of facts demonstrating to
the satisfaction of the Cit) Council that such disapproval will impose immediate and substantial hardship
on the applicant because of conditions peculiar to the person seeking to carry out the proposed work,
whether this be property owner, tenant or resident, or because of conditions peculiar to the particular
improvement, or other feature involved, and that approval of the application will be consistent with the
purposes of this Chapter.
7.08.040 Du!y to KM in Good R" - The owner, occupant or other person legally
responsible for a landmark or historic district shall keep in good repair all portions of such landmark,
district or historic site when subject to control as specified in the designating ordinance or permit and
all interior portions and appurtenances thereof whose maintenance is necessary to prevent deterioration
and decay of the historic resource. It shall be the duty of the Building and Safety Director or designee
to enforce this section.
7.08.050 Existing Imprg-v—ements. All repairs, alterations, reconstructions, restorations
or changes in use of existing improvements shall conform to the requirements of the State Historical
Building Code.
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Chaptcr 7J-Q
EMMRCEMENT. PENALTIES, AND SEVERABILITY
Sections:
7.10.010 Enforcement
7.10.020 Restitution
7.10.010 EnfQrcemen
(A) Whenever any alteration, demolition, relocation, construction, or grading of any site is
being done contrary to the provisions of this Title, the Building and Safety Director or designee may
order the action stopped by notice in writing served on any person or persons engaged in the doing or
causing such action, and any such person or persons shall forthwith stop such activity until authorized
by the Building and Safety Director or designee to proceed.
(B) it shall be unlawful for any person to carry out any work on any improvement or site in
violation of a notice stopping such work.
(C) Any violation of the provisions of this Tide shall constitute a public nuisance.
7.10.020 Restitution. Upon damage, destruction or removal of a historic resource,
designated landmark or historic district without permit, the Preservation 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.
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RESUME
MARIA L. PUENTE
78-620 Forbes Circle
La Quinta, Ca 92253
(619) 345-4411
EDUCATION
1994: California Teaching Credentials:
Preliminary Sojourn Certificated Employee
Teaching Credential (k-8 grades) and
Preliminary Single Subject(Spanish) Credential,
9-12 grades.
1993: " Canadian Studies Seminar ", organized by the
Ministry of Education of Toronto (Ontario) and
the Foreign Affairs Ministry.
Attended C.A.B.E. (California Association for
Bilingual Education) Congress in Anaheim,
California, and in San Francisco (1992)
1992: Passed National Teachers Examination ( NTE
and Test of English as a Foreign Language
(TOEFL �
1991: Passed California Basic Educational Skills
Test ( CB EST).
1987-88: University Complutense of Madrid, Spain.
Institute of Educational Sciences:
Certificateof Pedagogical Competence.
--'j6 134
EDUCATION (cont.)
1982-87: University Complutense of Madrid, Spain.
B.A., Double Major in History and Arts.
1972-8 Royal Conservatory of Music of Madrid.
Superior Degree in Classical Piano.
Superior Degree in Chamber Music.
EXPERIENCE
1990-94: Bilingual Elementary Teacher at Desert Sands
Unified School District, California, U.S.jk.
1993: Teacher for the G.A.T.E. (Gifted and Talented
Education) Program. Taught Music and the
Basics of Spanish at the elementary level, at Desert
Sands Unified School District.
1990: Took the exams, passed and became a High
School Teacher for life for the Ministery of
Education in Madrid, Spain.
1988-90: " History of Music" Teacher at High School
Level ( 9th grade ), in Madrid, Spain.
1988: " Solfeggio " Music Substitute Teacher at the
Royal Conservatory of Music, Madrid, Spain.
SKILLS
Lamm SpanisF4 Englisk Untited French and Itafiar4 and
beginnig German.
Computers: Proficient in the operation of the Apple Maclntosh
Computer System and IBM PC programs.
Pianis Played in numerous piano concerts and
helping in School Musical Plays.
13-5
11"MY"
France, Italy, England, Mexico, Canada (Ontario
and Quebec ) and in theU.S. (California, Arizona,
Nevada, Utah, New York, Vermont, Texas, Illinois
and Hawan")
EXTRA ACTIVITIES
1 "4: Appointed as a member of the La Quinta Historic
Preservation Commission, La Quinta, California.
1983: University of Deusto, Bilbao, Spain.
Practising School of Archeology for the Basque
Country. Formally enrolled for one school year.
Took part in the excavations in the Cave of
Arenaza I (Bilbao, Spain).
1989: Presentation to the XXII International Universita-
rian Congress in Rome, Italy, on "Music during
the French Revolution", which was later published.
1990: Presentation to the XXIII International
Universitarian Congress in Madrid, Spain, on
"Musical Disonances at the end of the present
Milenium", which was later published.
1974-89: Took part in numerous Piano Concerts.
,-.jj 136
� a , Millis
Edward
54-440 Avenida Canvinze * La Quinta, CA 92253 9 1619) 56"940 9 FAX (619) 564-4092
Graduate of Claremont Men's College - Claremont California
Bachelor's Degree in Business Administration 1956
Summary of Management Experience
Management Positions
Technical Services Manager
District Sales Manager
Regional Sales Manager
Systems Sales Manager
Regional General Manager
Regional Marketing Manager
Vice President. Marketing
Vice President, Marketing
President
President
Partial list of Consulting Clients
Corporation
Kaiser Industries
Kaiser Industries
Kaiser Industries
Kaiser Industries
Di Giorgio Corporation
LaFrance Corporation
Huntron Sales, Inc.
Huntron Instruments, Inc.
Huntron Instruments, Inc.
Marketing Services Group (Consulting)
American Can Company
AVG Productions, Inc.
Burleson Airtech Corporation
California System Associates
Interior Construction System
Port of New York Authority
Star Circle Contracwrs, inc.
Teledyne, Inc. - PiCOD Division
Teledyne industries, Inc. - Pornona, Cast Products Division
TransAmerica, Corporation
Xerox Corporation
Foundation Systems, Inc.
W. B. HUI and Associates.
Bradken Division of Australian National Industries
E.P.I.C., Inc.
137
Edward Millis
page two
Partial list of Published Articles
Golf Industry Magazine
"A Direct Line to Members!'
Tennis Industry Magazine
"The Club Newsletter"
Tennis Industry Magazine
"Creating a Tennis World"
Salesman's opportunity Magazine
Pyramid Plan For Sales Success"
Women in Business Magazine
"So You Want to Sell?"
Two Way Radio Dealer Magazine
"Application - Troubleshooting Solid State Electronics"
Mobile Times Magazine
Troubleshooting to Reduce Downtime
Partial list of Speaking Credits
American Institute of Archiwcts 1969 National Convention
Association of Club Managers 1975 National Convention
National Association of Home Builders 1975 Regional Convention
Gypsum Association 1976 Regional Convention
Personal
Height
6' 1"
Weight
210
Age
Born December 1Z 1930
Health
Excellent
Married
Yes
Other
Resident * La Quinta Historical Society
Vice Resident * St John's Lutheran Church - Palm Desert
Member * Palm Desert Rotary
Editor - Rotary newsletter
I have been a member of the La Quinta Historical Society for four years and have served on the
Board of Directors for the same period. I am currently President of the organization.
My interests have always included history. My vacations throughout the country always feature
time devoted to historical sites or subjects.
I believe that my historical interests and managment background qualify me to serve my
community as a Historical Commissioner
--.Uu 138
TERRY BROOK HENDERSON
54-711 EISENHOWER DRIVE
LA OUINTA, CA 92253
619- 564-2925
COfflff)NITY INVOLVEMENT
1994 Commissioner on the La Quinta Historical
Preservation Commission
1989 - Present Board member and treasurer of La Quinta
Historical Society.
Participating in local tours of historical
significance, maintaining and preserving
historical knowledge of the City, acquiring
and opening the Museum, and producing written
materials supporting the local history.
1992 Member of the Investment Policy Task Force
19B5 - Present Member of the Chamber of Commerce
Served on several commities.
1985 - Present Member of the La Quinta Arts Foundation
1975 - 1979 Board Member of the Desert Sands Unified
School District
PROFESSIONAL BACKGROUND
1977 - 1994 Owned and operated construction business,
prepared and implemented various government
mandated programs, wrote employee manual,
reviewed job plans and site inspection,
prepared permit applications and all inter-
facing with governmental agencies. Prepared
business for entry into the environmental
arena.
1962 - 1977 Private Enterprise - Various - Secretarial
and antique dealer
EDUCATION
1963 - 1990 Various community college business courses.
and art courses
1962 High School Graduate
139
WKIUn I
wasidd
EDUCATION
1%2 to judge Memorial High School - Salt Lake City, Utah
1966 General and College Prcparatory studies.
196610 U8ivctlltY Of Utah - S< Lake City' Utah
1970 major: Political Science
Milken Economics
Major Study: Urban Affairs and Political Gcogra Phy
Degree: B.S, - Political Science, 1970
EXPERIENCE
1991 to Sunnydaves Nursery and Turf - Bermuda Dunes, Calif WOW
Present 0 Sales Manager for a large wholesale nursery and grower in the Coachella Valley. Duticsincludc
coordination with large countryclubs and homeowners associations on bi-annual color changeouts.
0 Landscaping Consultant f of associations andconstruction companies. 10 charge of All materials
purchasing and Wes forecasting.
Iggg to University of Utah - Solt Lake City, Utah emqn. Full time responsibilities included:
1"I University Housing Grounds MonagerlLandscope For
Selected, trained, and supervised up to An 18 member grounds crew in all facets Of grounds
maintenance;
Organized seasonal grounds maintenance schedule,
Completed and computed bi-weekly payroll;
Generated daily work orders f or crew, weekly work schedule&, and the Planning Of Yearly Projec%
dispatching appropriate levels of labor and equipment;
Scheduled preventive maintenance f or equipment and tools;
Ordered Anti procured supptics f rom stockroom;
Knowledgeable in all equipment and tools used, instructing others as nescs sary
Planned and projected yearly operating budget;
Diagnosed disease and peat problems-;
Responsible for cohesion among employees. coworkers, and admiAistratiom;
0
24-houf emergency on -call basis-,
Coordinated and completed new landscaping projects, andworked with other departmcutsin planning
and completing special Projects;
Coordinated all outdoor f unctious with residents;
Supervised and participated in Apprenticeship program.
1975 to OwNElt, CO-OWNER. and OWNER/OPERATOR Of the f oflowing buslaoso":
1989 Wright Landscaping Service (Landscaping and if rigation Company) 1975-1989
Salt Lake City. Utalk
Licensed Utah Contractor - Ow8tr1opgrotor - Full time responsibilities included all aspects of
landscape construction, administration, supervision, accounting, landscape design, and labor coordination,
including:
Landscape design and installation of large Were& and condominium developments;
Heavy equipment experience in all aspects of landscape construction;
0 All aspects of irrigation installation and design.
W-L Steel Erection (Sttuctufxl Steel Brinctios Company) 1983-1985
Salt Lake City, Utah
Licensed Utah Cgxtrgc(or . Ownerloperalor - Full time retpoesibilities included all aspects of
administration, supervision. accounting, and labor coordination.
2 of 2
Garden of Rdes Company (Pafjing Lot & GCOURAS WalatcnaaCG COMP82Y) 1978-1984
Salt Lake City. Utah
Co-owner -Specialized in lareecondOminiums and industrial complexes. Duties included coardinatiugall
aspect& of a4ministration, supervision, sceountiog, and labor with partners-
Weyer-Livscy Constructors - Salt Lake City, Utah 1986
Bigger fail Steel Layout - KenuccOtt MOdtMiz8ti00 PrO*t' CoPperton, Utah (Sabbeticalf rom Own
business on request of owner').
1972 to Salt Lake City. Utah - Haurs'n'
B4pj#ndgp - Various positions in numerous dubs as Bartender and Manages, giving me a great deal of
business and business man"cment experience as well as broadening MY ability to deal with people from all
walks of life.
1972 to South Seas, Lid -Hawaii (lakPof ta/ExPOrts)
1975 ownetImenaffer
1973 to Hasips Associates . Honolulu, Hawaii
1974 project Superintendent - Lihme Shopping Center, Lillue, Mfw4ii
1"2 Sharp Construction - Norton, Kan"s
Cps w for@ man on stra ctarel steel *section of 48, goo sq.f t. warehouse in St. George, Walk
1970 to Voorhees Landscaping - Salt Lake City, Utah
1971 New COR887MICtION 1014MOR
1967 to Utah State Highway Department Labs and Testing Division, District 2 - Salt Lake City, Utah
1969 Highway construction Inspector
SPECIAL INTERESTS
writing, Graphic Design and Layout, Ast History, Photography. GOV, Skiing, and Scuba DMA9.
AFFILL46TIONS
Sigma Nu Fraternity, U&crsity of Utah
later-fraterVity Council
0 Utah Licensed Landscape Contractor's Association
0 Alumni AnociatiM Ulkivffsk Of Utah
REFERENCES AND LETTERS OF RECOMMENDATION
Available an request.
,-.Uti 1�1
RESUME"
JEROLD (JERRY) D. HERMAN
72-555 BEAVERTAIL STREET
PALM DESERT, CALIFORNIA 92260
(P. 0. BOX 1165
LA QUINTA, CA 92253)
(619) 340-1356 HOME
(619) 777-7062 WORK
PROFESSIONAL EXPERIENCE
Eighteen years of increasingly responsible professional experience in Urban/Environmental
Planning.
MARCH 1989 - PRESENT: The City of La Quinta
Community Development Department
78-495 Calle Tampico
La Quinta, CA 92253
(619) 777-7125
Job Title: Planning and Development Director
Areas of responsibility:
Perform managerial and administrative duties relating to Current and
Advance Planning, Redevelopment, Economic Development, Housing,
Community Development Block Grants, and Waste
Tv.[anagement/Recycling, Budget, and Annexations.
Coordinates and supervises day to day operations.
Presentations before City Council, Planning Commission, Historical
Preservation Commission, and Arts in Public Places Committee.
Serves as Acting City Manager in his absence.
I
1�2
SEPTEMBER 1986 - MARCH 1989
The City of La Quinta
Planning & Development Department
78-105 Calle Tampico
La Quinta, CA 92253
(619) 777-7125
Job Title: Principal Planner -Current Planning Supervisor. Professional
position in charge of Current Planning Division.
Areas of responsibility:
Daily supervision of Current Planning Division, one of four functional
divisions.
Provide assistance and serve as staff to the Planning Commission and City
Council.
Performed managerial and administrative duties relating to development
reviews, General Plan Amendments, Change of Zones,
Zoning/Subdivision Text Amendments, Variances, Annexations,
Environmental Assessments, reports, and budget preparation.
JANUARY 1986 - SEPTEMBER 1986: The City of Lacy
Community Development Department
P. 0. Drawer B
Lacey, Washington 98503
(206) 491-5600
Job Title: City Planner (Created own department by eliminating contract
with the Regional agency).
Areas of responsibility:
All planning activities such as preparing and presenting reports (both
written and oral) to the City Council and Planning Commission on land
use issues, procedures, and policies.
Served as Chairman of the Site Plan Review Committee and
Environmental Impact Review Committee.
Assisted in the preparation of the program budget for the Planning
Division.
Assisted in the preparation of Conununity Development Block Grants.
2
".j o 1 � 3
AUGUST 1979 - DECEMBER 1985
Thurston Regional Planning Council
Building #1 - Administration
2000 Lakeridge Drive SW
Olympia, Washington 98502
(206) 786-5480
Job Title: Associate Planner - Current Planning. Professional position
contracted by the City of Lacey as City Planner,
Areas of responsibility:
Prepared and presented written/oral reports with recommendations to the
City Council, the Planning Commission and the Hearing Examiner on
planning procedures and policies to develop the Comprehensive Plan,
Zoning Ordinance, and Amendments.
Assisted in the preparation of the Update of the Lacey Comprehensive
Plan, new Extraterritorial Plans, and revised Central Business Downtown
Plan.
Represented the Lacey Planning Department on the Urban Growth
Management Program Technical Committee.
Represented the Lacey Planning Department when working with
intergovernmental agencies.
Assisted the Regional Director in the preparation of the program budget
for Current and Advanced Planning in Lacey.
Prepared and presented written reports to the Thurston County Boundary
Review Board and Thurston County Board of Commissioners regarding
annexations.
MAY 1977 - AUGUST 1979: Bozeman City -County Planning Board
411 East Main Street
P. 0. Box 640
Bozeman, Montana 59715
Job Tide: Assistant Planner
Areas of responsibility:
Assisted and advised the general public regarding Zoning and Subdivision
procedures.
3
".j(j' 1��
Prepared and presented written reports with recommendations to the
Bozeman City -County Planning Board, City Council, and County Board
of Supervisors regarding Subdivision, Master Plan Amendments, and
Environmental Review.
Prepared and presented written reports with recommendations to the
Bozeman Zoning Commission regarding Rezones, Code Amendments,
Planned Unit Developments, and Conditional Use Permits.
Prepared and presented written reports before the Bozeman Board of
Adjustment regarding Zoning Variances.
Assisted three Citizen Advisory Committees and the Planning Commission
in updating goals, policies, and recommendations for the Bozeman Area
Master Plan.
Assumed the duties of the Director in his absence.
JULY 1976 - MAY 1977 Rosemead Planning Department
8838 East Valley Boulevard
Rosemead, California 91770
Job Title: Planning Aide.
Areas of responsibility:
Advised the general public at the City Hall counter regarding procedures
for obtaining Conditional Use Permits and Zone Changes.
Assisted the Planning Director in preparing staff reports for the Planning
Commission and City Commission, which included updating General Plan
Elements, Zone Changes, Conditional Use Permits, Subdivision, and
Environmental Impact Reports.
Prepared graphical material (i.e., graphics, design layout changes, land
use maps) for the various Planning Department reports.
El
LESLEE MOURIQUAND-CHERRY
EDUCATIO
1983 B.S., Geography and Anthropology, California State Polytechnic University,
Pomona
1992 M.A., Anthropology, California State University, Fullerton
July/ 1992 ASSOCIATE PLANNER: City of La Quinta, Community Development
to Department, La Quinta, California.
Present
Current development and environmental review; staff support to Historical
Preservation Commission.
October/ 1991 PLANNER 11: City of Palm Springs, Planning and Zoning Department, Palm
to Springs, California (9 months).
July/ 1992 Environmental review, special projects, staff support to Parks, Open Space, and
Trail (POST) Foundation, archaeology review and field studies, staff liaison to
local tribal council.
January/1990 PLANNER I AND II: Riverside County Planning Department, Bermuda Dunes,
to California (15 months).
April/1991 Performed development and land division reviews, prepared and reviewed
environmental assessments and documents, processed major and minor use
permits, made numerous staff presentations for public hearings, chaired
meetings, prepared a community study, and answered public inquiries.
Reviewed archaeological reports, developed mitigation and monitoring
documents, field inspected projects, and advised staff concerning matters
relating to cultural resource management.
1985 ARCHAEOLOGY CONSULTANT: Archival Studies, Environmental Studies,
to Cultural Resource Management Plans, Field Reconnaissance Surveys,
1990 Opportunity and Constraints Studies, and other studies for the following types
of projects in the following locations:
General Plans: La Verne, Victorville, Orange, Palmdale, Duarte, Santa
Clarita.
PIR's: Palmdale (2), Oxnard (3), Pasadena (2), La Mirada, San Marino, El
Monte, Palm Springs, Los Angeles (8), Sunland, Lake Elsinore, Poway, Yorba
Linda, Rancho Palos Verdes, Idyllwild, Calabasas, Santa Monica Mountains.
EA's: Santa Catalina Island, Los Angeles County (2), Lake Elsinore.
146
Master Plans: Palmdale (2).
Redevelopment Plans: Agoura Hills
Project Types: Residential Developments, Municipal Water and Sewer
Systems, Light Rail Transit Routes and Stations, Mountain
Resort Complex, Raceway Complex, Municipal Reservoirs,
University Improvement, Quarry Permitting, Redevelopment
and Commercial Projects, and others.
GRADUATE ASSISTANTSHUS
1985 California State University, Fullerton
1987 Department of Anthropology (Research and Teaching Assistant)
PROFTSSIONAL AND ACADEMIC EMPHASIS
0 Cultural Resource Management
0 Environmental Planning
Southern California and the Southwestern United States
0 Research and Applied Geography/Planning
0 Cahuilla Cultural Area
M.A. Thesis Title:: Planning for Community Archaeology: It's Applications to the Eastern
Coachella Valley (Leslie Mouriquand-Blodgett)
AWARDS AND GRANU
1990 Merit Award: Riverside County Planning Department for "The Cahuilla Hills
Area Development Study".
1988 Organizational Award: CSUF Department of Anthropology for Lambda Alpha
National Honor Society for Anthropology -Eta of California Chapter, Founding
President.
1987 Writing Competition: CSUF Department of Anthropology Best Student Paper
for "The Burial Practices of the Elite: Missouri -Illinois Hopewell".
1987 Research Grant: Jenldns, Douglas, Gardner Memorial Award for "Prehistoric
Clay Figurines of California".
1986 Research Grant: CSUF Departmental Association Council for "Prehistoric Clay
Figurines of California".
American Planning Association (APA)
Society for California Archaeology (SCA)
Lambda Alpha National Honor Society
Society of Transportation Archaeologists
147
Goff Course Open Space
Mineral Deposits
lbs City Includes one site desigrWed as an area with
sVwficM mineral deposft. This am Is designated
pursuant to the California Surface Mining and
Reclamation Act. Ilie site is a nori-�opaniiting sand and
Wave! mine located Soutwest of Lake CWUM County
ParlL
Plant/Wildiffe Habitat Areas
The Oty corrtains eight habitat Wes which are related to
elevation, soils and the preswice of waler. The most
significant type is the Sandy Wash habitat I located Wong
Beer Cfeek (at the western edge of the alluvial plan
SUM of La Writs), dong the east margin and along the
bNada south of Lake Cahuilla. The Sandy Wash habitat
is parWilarly valuable to WNW% in part liecause of its
seasonably abundant water, as wall as its dislarm from
human settlement areas.
• California Dfta*
• CA)achela Fringe -Toed Lbwd
• Flat-Talled Homed Lizard
• Pw*r"w BOM Sheep
• Praine Faloon
• Goklen Eagle
• Coachella Giant Sand Treader Cricket
• Vermilion FNvatdw
• Black-Titiled Gnatcatcher
• Cfissal Thrasher
• Le Conte's Thrasher
The locations of sightings of lhese species are Illustrated
in the La Ouinta General Plan Update Master
Environmental Assessment,
Cultural (Archaeological) Resources
Along the base of ft mountains are ft most W*
locations of prehistoric cultural resources. 7he locations
of these cuftural resources are related to sources of water
Historic Structures
The existing historic structures In lhe City Iriclude the
folicowing structures.
1. La Casita - 51-733 Avenida Madero (1930)
2. ReW Estate Onice - 77-&95 Awkia Montezuma
(19"
3. John Cody Building - 77-895 Avenida
MOrTtezuma (1940)
4. Marcelene Carries - 52-217 Eisenhower Drive
(I 9W)
5. Unnamed structure - 51-662 Eisenhower Drive
(1928)
Point Happy Ranch - 46-135 Washington Street
(19W)
7. Unnamed structure - 46-370 Cameo Palms
(1920)
8. Burkett Ranch Site - 47-250 Washington Street
9. Site of Old Bradshaw Road Stage Stop - Off
Eisenhower and Washington Street
10. Unnamed structure - 8D-N1 Avenue 50 (1929)
11. Hacienda del Gato (John Marshall Ranch) -
(1902)
12. Previous She of lhe Desert Ckjb - Avenue So
and Avenida Bermudas (1937)
13. La Ouinta Hotel - 49-499 Eisenhower Drive
(1926)
SUMMARY OF KEY PLANNING
ISSUES
The following key planning Issues are addressed in the
p0limes of lhe Open Space Element.
DevGIOPnot on hillsides and alluvial fan areas
should be Wstricled to proW the ic,
10POgnaphical anid cultural resources of the City.
Open spa should be defined 10 Include hillside
areas, aRuvW Mns, water courses, golf courses,
arid natural PeA areas. Naturai. irnproved and
unimproved Was of open spa should be
Included within to definition.
BRIM, Inc, Chager 4 - Open Sipace EhirrWg CRY Of La Write
66�16MLAQ� 4-2 Generar Plan
Open space areas should address the preserve -
bon of ondaMered wildlife and plant species
habitat areas, historic and prehistoric cultural
resource areas, and structures, mineral resources
end agricultural soils.
As a link to the City's agricultural past, elements
of existing citrus orcharft date palm groves and
farming areas should be poserved.
The area south of the Cove should be uOltzed,
eMer individually or In combinatim as a park,
golf course andlor natural open space.
Permitted land - and standards for
development In open space and watemourse
area should be klentified
Traits which link recreational Lees, such as parks
and equestrian facilities should be established.
OPEN SPACE VISION STATEMENT
A Vision Statement based on the key open space
issues and desires of the citizens and elected officials
of the City of La Quinta is presented below. The
development policies Included In this Open Space
Bement are designed to bring this vision to fruition.
7he City of La OUnta's vision of the Amre for open
space focuses on the protacbm, preservation and
enhancement of Itia different types of natural arid
marinade open spaces in he City La Qmto's
attractive and unique chamcfer steins in pad from fis
dramatic setting at Me foot of Vie Santa Ross and
Coral Roof Mountains, its Varian dwracter of the
numerous Wms orchards arid date palm groves, and
the sopWbcated unege of Als resort golf courses.
These different, but equally Aportant lypes of open
spaces should be preserved and protected to retain
Me &Wue character of La Ouirits. a
RELATIONSHIP TO OTHER
GENERAL PLAN ELEMENTS
The Open Space Element Is one of nine elements in
the La Guinta General Plan, The development
poikkis within the Open Space Element are closely
rotated to the policies within the Land Use, Park and
Recreation, Environmental Canservalim and En*on-
mental Hazards Element& The Open Space Bernent
differs from the Park and Recreation Bement In that
the Open Space Element locisses on the preseriation,
managemerd and possible davelopiment of hillside
areas, water oDurselflood facility areas, agricultural
areas, areas with cultural niscources and endangered/
threatened plarillwildfile habitat. The Park and
Recreation Element priniardy addresses Improved
open space areas which are designated after; for
specific Park and recreallion facilities. The Open
Space Bernent, however, recognizes and is consistent
with the Park and Recreation Bement, as well as all
other elements of the General Plan.
OVERVIEW OF THE OPEN SPACE
POLICY DIAGRAM
The graphic depiction of the City of La OuinWs official
pdicy relative to open is presented on Figure
OS-1, Open Spece Policy Diagrarn. This diagram
Illustrates the general pallern of designated open
space areas, trail linkages and historic
landmarks/structures In the City at bulklout. The time
frame for bundout Is not definitivety known because of
the unpredictability of fukire real estate markets,
financial markets, etc
The development policies and standards described in
the Open Space element are the basis for Figure
OS-1. The Open Space Policy Diagram should be
used as a general guide for the Identification and
location of open space areas in the City. The diagram
should be used in combination with the written
development policies, standards and other guidelines
in the text of the Open Space Bement.
The open space areas, bob and other information on
to Open Space Policy Diagram are located based on
the critana arid standards "sented in the develop-
ment policies. Where possible, these areas have been
located alonglaround significant natural and marimade
features ID aid in identification. These features include
rivers, canals, mountains, roadways and flood control
channels. Furthermore, the areas identified on
Figure OS-1 are defined by demarcation Ones which
are able to be adjusted If consistent with the Intent of
the Open Space Bement. The City of La Ouinta
Planning Department staff, Planning Commission and
City C4uncil will have the final responsibility for the
demarcation end Identification of thess area when
exact locations cannot be determined from the Open
Spam Policy Diagram.
The boundary Ones and future parks and trail corridors
presented on the Open Space Policy Diagram are
Intended to be general in nature. The boundary Ones
are not Intended to Wicate existing or future zoning
boundarim California statutes require consistency,
BRW, Inc. Chapter 4 - Open Space Samert City of Le Ouirits
W�IVNAC�� 4-3 General Plan
".1) !), 15 0
Chapter 6 Environmental Conservation Element
INTRODUCTION
The Environments! Conservation Bement of the
La Outnta General Plan identifies and establishes the
City's official policy relative to to Identification,
establishment, preservation and management of
natural resources in the City The purpose of the
element is to establish official City policy which.
Identifies areas in La Write with substantial natural
resources which shall be managed to prevent
waste, destruction or neglect.
Identifies policies related to permissible uses
development standards within conservation areas,
as well as programs to ensure the conservation of
resources.
Identifies desired courses of action/strategies
which provide the means to implement the
community's conservation policies.
The Environmental Conservation Elernent is organized
in the following manner:
Existing Setting - Includes a general overview of
the existing natural resources and their function in
La Quint&
Summary of Key Planning issues - Includes
a brief discussion of the key planning issues which
are addressed in the Environmental Conservation
Element.
Environmental Conservation Vision State-
ment - Includes a statement describing the future
state of natural resource conservation in La Quinta
desired by the citizens and elected otficials of it*
City. The development policies in the Environ-
mental Conservation Element are designed to bring
this vision to fruition.
• Relationship to Other Elemaists - Includes
a statement describing the relagonship of the
Environments! Conservation Element to the other
General Plan elements.
• Overview of Environmental Conservation
Policy Diagram - Includes a description of the
Environmental Conservation Policy Diagram an an
overview of the spatial distributon of the vad
natural resource conservation areas in the City.
EnvironmeAtal Conservation Development
Goals, Oboctim and Policies - Includes a
description of the City of La OtdntWs official
development policies relative to the identification,
location, management and development of natural
resources In the City.
Environmental Conservation Element
Implementation Measures - Includes a summary
of the various actions, programs and strategies the
City of La Quinta. should take to implement the
Environments! Conservation Element goals,
objectives and policies.
EXISTING SETTING
Topography/Hillside Areas
Approximately 30 percent of the City is comprised of
the undeveloped Coral Reef and Sarda Rosa
Mountains, which are located in the south central
region of the City and extend north along the western
incorporated area boundary. These mountains
contribute sign&wtty to the CWs visual, wildlife and
archaeological resources. The mountains provide a
dramatic framing element for the City as a result of
their dose proximity, steep topography and varied
vegetation. Development in these areas is regulated
by the City's KIWde Conservation Zwe Ordinance.
Generally, very low density development such as
single family residential uses less than 1 dwelling unit
per 10 acres; golf course fairways, tees and greens;
parks and other passive recreation facilities; and water
wells, pumping stations and water tanks are allowed in
areas with slopes less than 20%. Uses permitted in
areas with slopes greater than 20% are limited
primarily to tulft and equestrian trails and access
roads.
Archaeological Resources
Information provided by the Archaeological Research
Unit at the University of California. Riverside,
concluded that the most likely locations of prehistoric
cultural resources in La Ouinta were along the foot of
the Santa Rosa and Coral Reef Mountains. These
cultural resources are most likely tethered to sources
of water or to locations where specific resources were
available In quantity on a seasonal basis. The most
BRIM, Inc. Chapter 6 - Environmental Conservatfon Bement City of La Quints
6- 1 General Plan
151
likely locations of major settlements are In the
protected cove areas or akMW plains near permaivent
water sources and food resources, and especially at
boundaries between environmental zones. Temporary
campsites might be at the locations of any resource
such as game tralls, springs, mesquite groves,
substantial grass stands, bedrock outcrops near plant
or seed resources, marshy areas, or along the shore
of ancient Lake CahLdlhL Isolated milling features,
sparse Ilthic scatters, ancitor isolated pottery shard
scatters can be expected almost anywhere in the study
area, but are most flikely where there are large
exposed boulders or bedrock outcrops.
Hlstorlc Resources
Information provided by the Archaeological Research
Unit at the University of California, Riverside, Indicated
that prior to 1900, the only documented settlement in
or near the City was a small Indian village/rancheria in
Section 24 of T.55 R.6E, in the vicinity of what is War
known as Indian Wells. The village, observed in 1856
by U.S. Deputy Surveyor John La Croze, consisted of
a few huts located to the northwest of the locally
famous well site named 'Palma Seca". This Indian
village. however, is riot mentioned in any later sources.
The other trace of human activities that La Croze
observed in the area was the road from Los
Angeles(San Bernardino to Indio/Cabezon, a branch of
which led from Indian Wells southeasterly to Torres
(roro) area.
The earllesl: archival evidence of Anglo-American
settlement effort in the area comes from 1900, when
a few desert land claims were filed with the BLM on
two parcels in Section 22 of TAS R.7E. Two years
later, the first homestead claims in the area were filed
in Section 30 of T.5S FL7E and Section 10 of TAS
R.7E. However, USGS maps dated 1904 Indicate no
standing structure in the project area. Nor do they
identity any other feature of the built environment aside
from the same roads mentioned above. The courses
of these roads differ slightly on the 1904 USGS maps
than on the 1856 plat maps, but they are dearly
identifiable.
The 1941 USGS maps offer a radically different
portrait of the area. Although perhaps oulshined by
the neighboring Indio in population density, La Oulnta
area was nevertheless apparently experlendim a
boom of growth. The present-day resort town of La
Quinta had emerged In FL6E, while the outlying area
in R.7E, where the Oland rushe started. showed a fairly
typical pattern of rural settlement.
According to the Archaeological Research Unit at the
University of California, Riverside, the California
Historic Resources Inventory has records on sites (or
structures) of historic significance, Including:
I . La Casita - 51-733 Avenida Madero (1930)
2. Real Estate Office - 77-855 Avenida
Montezuma (1936)
3. John Cody Building - 77-895 Avenida
Montezuma (1940)
4. Marcelene Carries - 52-217 Eisenhower Drive
(1930)
Unnamed struclin - 51-662 Eisenhower Drive
(1928)
6. Point Happy Ranch - 46-135 Washington Street
(1930)
Unnamed structure - 46-370 Cameo Palms
(1920)
8. Burkett Ranch She - 47-250 Washington Street
9. Site of Old Bradshaw Road Stage Stop - Off
Eisenhower Drive and Washington Street
10. Unnamed structure - 80-041 Avenue 50 (1929)
it. Hacienda del Gato (John Marshall Ranch) -
(1902)
12. Previous Site of the Desert Club - (1937)
13. La Oulnta Hotel - 49-499 Eisenhower Drive
(1926)
A City historic preservation ordinance which addresses
the preservation of historic sites and structures has
been adopted by the City.
Biological Habitat
The City of La Quinta is located within the California
Sonoran Desert. A variety of biological habitat types
which are related to elevation, soils and the presence
of water are within the City. The rocky slope habitat
type k)cated within to Core] Reef and Santa Rosa
Mountains contains greater densities of mammals,
including the Peninsula Bighom-Sheep, than any other
habitat type. This habitat Is within the area designated
as open space on the Land Use and Open Space Policy
Diagrams In the Land Use and Open Space Elements.
The allurvial plain habitat extends through much of the
Cove where it meets the valley floor habitat north of
CaDe Durango.
BRIM, Inc. Chapter 6 - Environmental Conservation FJement City of Le Quints
M-TONA04MY 6-2 General Plan
1. 5
GOAL 6-2 1 _,",d � tUrally
,Historic, , archaeologlea -.,,an -,,,cut
significant sitsk'structures and programs
preserved, -perpetuated and Integrated within
Vniabric of 1116'01y.
Objective 6-2.1
The City shall utilize a variety of alternative
means to identify, preserve, and integrate historic
and archaeologically significant sites and
structures.
Policy 6-2. 1.1
The City shall establish and maintain contact with
appropriate historic and archaeological societies and
Native American concerns, including the Eastern
Information Center at the University of California,
Riverside, the Ague Cafiente Band of Cahuilla Indians,
the Coachella VaW Archaeological Society, Me
La Ownta Historical Society andlor Me Riverside
County Parks History Division to confirm the
identification and location historic and archaeologically
significant sites and structures and to facilitate
compliance with CEOA (Caldlorrue Environmental
Ouatuy Act), NEPA (National Environmental Policy Act)
and NHPA (National Historic Preservation Act).
Policy 6-2.12
The City shag require development applications to be
reviewed by a qualified archaeologist andlor historian,
as appropriate, prior to final approval to iden* any
project -related impacts to historical andlot
archaeological resources.
Policy 6-2.1.3
Appropriate mitigation measures to protect historic and
archaeological resources shag be required where
necessary Mere appropriate, portions of proposed
prolects she# be designated as Open Space and
delineated as such on the Conservation Policy
Diagram and the Open Space Policy Dagram in the
Open Space Element.
Policy 6-2.1.4
77?e Oly shall incoiporate hisbric and archaeological
resources into open space areas, mcluding par*
facilities, where posslbfe�
Policy 6-2 1.5
The City shaff designate as potential historic landmarks
the historic structures identified in the Ewhng Setting
Section of the Environmental Conservation Element.
The City "I facilitate preservation of such landmarks
through Me use of historic preservation orofinances,
density trAnsfenk incorporation within parks and other
alternative mesim
Objective 6-2.2
The City shall utilize a variety of alternative
means to refresh. enhance and enrich the
community by providing adequate cultural
facilities, programs and ac;Wlties-
Policy 6-2.2.1
The City shall continue to utilize the -La Quints Art in
Public Places ArWain' to provide public art in Me
City.
GOAL 6-3
The habitat areas of rare, threatened and
endangered 111ora and fauna preserved and
Incorporated within open space areas.
Objective 6-3.1
The City shall utilize variety of alternative means
to ensure that the habW areas of rare, threatened
and endangered flora and fauna are conserved.
Policy 6-3. 1. 1
The Qfy shag establish and maintain contact with ft
Appropriate governmented agencies, including the
California Department of Fish and Game to confirm
Me identification and location of habitat areas of tare,
threatened and endangered flora and fauna and to
facilitate compliance with appropriate environmental
legislation including CE0A and NEPA
Policy 6-3.12
The city " require, when appropriate. development
applications to be reviewed by a qualified w0dM
biologist and horticulturist to identily any project -
related Impacts to habitat areas of me, threatened
and endangered flora and fauna and AD recommend
appropriate mitigation measures
BRIM, Inc. Chapter 6 - Environmentaf Conservation Element City of La Ouinta
&-13 G ral Plan
53
CITY OF LA QUINTA
PRESERVATION PROGRAM SUMMARY
INTRODUCTION
The City of La Quinta, California, is located in eastern Riverside County, in the Coachella
Valley. La Quinta is situated in a desert cove area where there is a lengthy prehistoric and
historic record. During the prehistoric period, the City was the site of Cahuilla Indian camps
and villages. Artifacts from the prehistoric and protohistoric period frequently are found in
the area. As recent development has come to La Quinta, important archaeological deposits
have been unearthed. During the early historic period, white man settled the area as
ranchers, farmers, and investors. The La Quinta Hotel was built in 1929 as a resort for the
wealthy and famous. Following the hotel, the La Quinta Country Club was established with
a golf course and estate: home sites. An early subdivision was plotted in the upper cove area
that offered small lots for sale for the construction of weekend cabins and permanent
residences. La Quinta remained sparsely developed until the 1970's, when developers and
the public realized that La Quinta offered affordable housing opportunities for working class
people and luxurious home sites for the affluent. In 1982, the City of La Quinta was
incorporated and has since experienced continual growth in residential and commercial
development. Additional information about the prehistory and history of La Quinta can be
found in several sources such as those published by the La Quinta Historical Society.
DOCLC.012
-'.j � 154
In May of 1991, the City Council for the City of La Quinta established the first Historical
Preservation Commission and Ordinance. This Commission also served as the Planning
Commission. In December of 1993, the City Council recognized the importance of having a
duly qualified preservation commission that met the requirements of the Certified Local
Government Program administered by the State Office of Historic Preservation. In so doing,
the City Council amended the Historic Preservation Ordinance in order to require that a
qualified Historic Preservation Commission would be created. A call for applications for
qualified Historic Preservation Commissioners was made in January, 1994, and again in May
of 1994, in order to seek qualified applicants to the Commission. On June 17, 1994, the
new Historic Preservation Commission was appointed by the La Quinta City Council. The
Commission is composed of three professionally qualified people and two lay members who
have a demonstrated interest in historic preservation.
PRESERVATION ACTIVITIES
The preservation program in the City of La Quinta is in an inaugural stage. It has been
recognized that preservation of prehistoric and historic resources is important, and can
benefit the City and its residents.
The Historic Preservation Ordinance was amended in December, 1993, in order to meet the
requirements of the State Historic Preservation Office. The Commission will hold public
meetings at least on a quarterly basis. Study sessions, workshops, and special meetings will
DOCLC.012
"'.J��' 155
be scheduled as needed.
The Historic Preservation Ordinance requires that the City of La Quinta prepare criteria for a
survey and conduct a comprehensive survey of local historic resources. The State guidelines
for conducting an inventory will be adopted as required by the CLG program. This was
partially done during the updating of the City's General Plan. However, further survey is
warranted and will be a priority of the new Historic Preservation Commission. The
Commission will create a local register of historic resources that will incorporate known or
recorded sites and any new resources identified through the comprehensive study. Internal
procedures to facilitate the use of survey results will be implemented in the planning process.
The Ordinance requires that the Historic Preservation Commission act in an advisory
capacity to the Planning Commission and City Council on matters pertaining to the
identification, protection, retention, and preservation of historic areas and sites within the
City. The Commission anticipates working with the La Quinta Historical Society on various
projects and will consult with the Society for information and review on project applications
as warranted.
The Historic Preservation Commission is supported by an Associate Planner with a B.S. and
M.A. in Anthropology, and the Planning Director for the Community Development
Department. Resumes of these staff members are attached. The Community Development
Department Secretary serves as secretary to the Commission.
DOCLC.012
-.- 1 1 156
The preparation of an Historic Preservation Element of the General Plan will be a future
endeavor. This document will state the goals, objectives, and policies or standards for
historic preservation in the City of U Quinta.
The Commission has prepared Rules of Conduct for Public Hearings and Rulles and
Procedures (By -Laws) for approval by the City Council. These rules and procedures are
based on Robert's Rules of Order and the Public Meeting Act.
Standards for the review of applications for modifications to historic structures, the creation
of historic districts, and the designation of historic landmarks will be prepared by staff for
review by the Historic Preservation Commission.
Public participation in the La Quinta historic preservation program will be encouraged and
opportunities for public involvement will be created whenever possible. Volunteers will be
able to participate in the survey activities, attend commission meetings, and participate in
projects or events sponsored by the Historic Preservation Commission. In May of each year,
the City observes Historic Preservation Week. The Historic Preservation Commission will
be a sponsoring group for events and activities open to school children and the general
public.
DOCLC.012
157
RESOLUTION 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE
APPLICATION AND CERTIFICATION AGREEMENT FOR
THE CERTIFIED LOCAL GOVERNMENT HISTORIC
PRESERVATION PROGRAM
WHEREAS, the Congress under Public Law 89-665 has authorized the
establishment of a Certified Local Government Historic Preservation Program; and,
WHEREAS, the State Department of Parks and Recreation is responsible for the
administration of the program within the State, setting up necessary rules and procedures
governing application by local agencies under the program; and,
WHEREAS, said adopted procedures established by the State Department of Parks
and Recreation require the applicant to certify by resolution the approval of applications prior
to submission of said applications to the State;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California hereby:
Approves the filing of an application for certification under the: Certified Local
Government Historic Preservation Program; and,
2. Appoints the Planning & Development Director or his authorized deputy as agent of the
City to coordinate, process, and execute all contracts, agreements, amendments, and
ancillary documents within the scope of the attached application for certification.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council, held on this 4th day of October, 1994, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RESOCC.141 5
Resolunon 94-
JOHN J. PENA, Mayor
City of La Quinta, California
F.IVVI:&Ig
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM
DAWN HONEYWELL, City Attorney
City of La Quinta, California
RESOCC. 141 6
159
STAFFREPORT
HISTORICAL PRESERVATION COMMISSION MEETING
DATE: SEPTEMBER 15, 1994
ITEM: MILLS ACT PROGRAM
BACKGROUND:
In response to Commission direction, this report presents information on the Mills
Act tax benefit. The Mills Act is a state law that enables the owner of a designated
historic property to enter into a contract with the City to preserve, maintain and
possibly rehabilitate the property; in exchange, the property owner receives a
substantial break in property taxes through reduced property valuation and
assessment procedures contained in the Revenue & Tax Code 1439.2. The Mills Act
requires the County Assessor to re-evaluate the property using the capitalization
method rather than the market value (see Attachment 1). The Mills Act and the
applicable Tax Code are included as Attachments 2 and 3 respectively.
The contract runs for a length of 10 years and is renewed in yearly increments
automatically unless canceled. The owner may be required in the contract to
rehabilitate the property; such rehabilitation must conform to the rules and
regulations of the State Office of Historic Preservation. The contract must also have
a provision to allow the premises to be examined periodically by the Assessor, the
Office of Historic Preservation, the State Board of Equalization and the City as may
be necessary to determine the owner's compliance with the contract,.
If the contract Is canceled because the owner has breached the conditions of the
contract or has allowed the property to fall into a state of severe deterioration, or
If the owner has not complied with the condition to restore or rehabilitate the
property, then the owner pays a cancellation fee of 121 percent of the full value of
the property.
In the past, the Mills Act has been used only sparingly because of a proviso in of
the original law which required public access to the property; in 1984, this section
was deleted. The Mills Act agreement provides the owner of a historic structure with
a positive and tangible incentive for historic preservation. The money saved from
the reduced property tax would be available to maintain and restore the landmark,
thereby benefiting the owner as well as the community.
ANALYSIS:
It is believed that the tax reductions provided under this program would not unduly
burden the City. The City of La Quinta is a no -low property tax city whereby of the
tax collected by the County only a minimal base amount is returned to the City.
There are only about 12 to 15 properties currently listed on the General Plan as
historic structures that would be eligible to participate in the Mills Act Program.
Thus, there would be negligible impact on the City. The City of La Quints, currently
offers no incentive programs to historic properties. The Redevelopment Agency
(RDA) does not offer rehabilitation funds at this time.
HPCSTF.005
160
RECOMMENDATION:
Move to recommend to the City Council that the Mills Act Program be implemented in
the City of La Quinta.
Attachments:
I . Mills Act Tax Adjustment
2. Mills Act
3. Revenue and Tax Code §439.2
MSTF.005
161
Attachment I
Mills Act Tax Adjustment
The following is a simple example showing the possible tax benefits to the
owner of an historic single-family residence. assuming that the current
assessed value for the house is $100,000 and that a fair rent or income is
$600 per month.
First, determine the annual income:
$600 per month minus $100 per month for maintenance and insurance provides a
net income of $500 per month, multiply by 12 months to arrive at an annual
income of $6000.
Second, determine the capitalization rate as follows:
Determine the home loan mortgage rate, assuming 10.25% for this example.
The historical property risk component of 4Z is given.
The tax rate of 1% is given. ,
Assume a remaining life of 20 years, providing a reciprocal of 1120, or 5%.
Add the above components together:
10.25% + 4% + 1% + 52 = 20.251 Capitalization rate
Third, the new assessed value is determined by dividing the annual income
($6000) by the capitalization rate (20.25%) to arrive at $29,630.
Finally, determine the amount of tax to be paid by taking 1% of the assessed
value of $29,630.
Current property tax:
1% of the original assessed valuation of $100,000 = $1000.
Mills Act property tax:
1% of the new assessed value of $29,630 = $296.
A savings of $704 in annual property taxes.
'_;_ 162
STATE OF CALIFORNLA - THE RESOURCES AGENCY
Attachment 2
PETE VALSON, 00v�
OFFICE OF HISTORIC PRESERVATION
DEPARTMENT'OF PARKS AND RECREATION
P.O. Box "noe
SACRAMENTO 942N-OWI I L L S A C T
(916)"5-SON
FAX: (916) 322-6=
Adopted in 1972 and amended in 1984, the mills Act provides for
a reduction in property taxes on a historic property when
certain conditions are met. Owners of designated historic
properties must enter into a preservation contract directly with
the local government agreeing to restore the property if
necessary, maintain its historic character, and use it in a
manner compatible with the historic characteristics.
Contracts must be made for a 10-year period, during which time
the owner is entitled to a reduction in property taxes under the
Revenue and Taxation Code Section 439. Until amended in 1984,
the Mills Act was not widely used. The amendmentsl howeverl
have made it more palatable and have eliminated, among other
things, the reguirement that the property be made open to the
public for a 1 ited number of days.
Use of the Mills Act requires a contract professionally drawn up
between the historic property owner and the city. The city (or
county) must monitor the provisions of it until its expiration.
The county tax assessor is directed by state law to adjust the
assessed value of the property downward to reflect the
restrictions placed on the property. A lower assessment will
result in lower taxation.
Mills Act contracts have the not effect of freezing the bass
value of the propertyr thereby keeping property taxes low.
Often the benefits are minimal the first few years, but as the
value of the property climbs, a significant property tax savings
may be experienced. Mills Act contracts remain in force upon
resale of the property; if a significant jump in assessed value
results from the resale price, the property tax bill remains
low.
1: ?�'l �4 �Z a: 0 " ZO) 9 �1. 0; 1 a AV ko-V #A@JAJr_T_'!�A
This act provides authority for cities, counties, and
redevelopment agencies in California to issue tax-exempt revenue
bonds for the purpose of financing historical rehabilitation of
buildings with local, state or national significance.
The act specifies the conditions and criteria under which the
bonds can be issued. Thoughb. these are quite generous,, the
Marks Bond Act program has been rarely used in Californiar
seemingly because of the requirement that developers may make no
more than $io,000,000 on capital expenditures. Cities or
counties are rarely willing to expend the time and money
involved in issuing bonds for this small amount. Ife however,
several major historic projects are undertaken in a jurisdiction
at once and the collective costs and expenses total an amount
high enough to justify staff time and fees to issue a bond, then
the Marks Bond Act may prove to be a useful and desirable tool.
163
West's
A_NNOTATED
CALIFORNIA CODES
GOVERNMENT CODE
Sections 50280 t:o 50290
Volume 36
1986
Cumulative Pocket Part
Ka-1 ACT
See.
4%
50280.1-
50281-
50281.1.
50282.
50284.
50285.
50286.
5o287.
50288.
ARTICLE 12
HISTORICAL PROPEPITY
Restriction of use of property;.application of
owner
Qualified historical property
Required provisions of contract
Contract fee
Renewal; nonrenewal; notice; protest; recordation;
effect
Cancellation; grounds
Cancellation; notice; hearing
Cancellation; fee; payment
Action to enforce contract; parties
Acquisition of property by eminent
lation of contract; inapplicability
of value
doma,in; cancel -
to determin tion
50289. Annexation by city of property uader
county; rights and duties of city
50290. Consultation with state commission
contract to
I SUM Restrictkm at ime Of PrOPS"r, aPPUCUME Of Owner
U the appHuon d an owner or the Want of in owner of my quabfied birton;md WWOV 21
defmWW b so=oo WM.1. the k&h&e body of a ft, county, or C'% and WGUty MAY WoMe ;�ff
V SW7 doems
UW-3—Wer or jp�� the we of the Propem in a masmer V ich the kglslztfve
1115onable to - arcrm ;zro7Mi3e-D7C0-Mm@DCfi'9 with Secdon 4N)
d chapter 3 =20totwD=='Revenne and UWum Codo. The contract shaU meet the
&aCirements of Seedow 50M and SM
Umeaded by S=LINL P- Nk P. —, I VJ
Emstorkal Note
The 19-67 amendment anhadtated -Ard- Former 1 502M, added bY SMUL2972- r-
ek L9 (commeadng with Section 439) of I= V. 237.6, 1 L Iff" renumbered
for "Arddg 7 (commeadug 50279.2 mad amended by StatzaM.
%Pat= ne2) at chapter r. SM p. MT. 1257.
Foraw
sea Wesea CoUforals, Cob rorma, GOVOMMOML
12brory Raftromm
Erealth and EDVtMnmWK4w=(8)- C.TA Health and Environment If 61 ot
esq. 235 at seq.
UndWWW NKOCGM dwwW W soMone by ornormhosid
z - --:. )� "; 165
WtWL Quamed biaturical propuly
"Qualified historical property" for purposes of this article mem privet* OWMA plow 61 whxh
is aft cumpt fmm pWwv taxamon and which mom either of the folloerhic
(a) Listed in the Nationall Regis tor of Mstoric or heated in a registered histork district. as
defload in Sec:tiom 1.1914(b) of Tide 26 Of ths Coda Of F01111121 ReP122110016
(b) Listed in aoA manty oflicial register of historical or atchitectur,
silly dpL%A%: "Pla= MLOur,
(Added by Sma.JM c. 961L p. � 12.)
I 5ML Rmp&W Provide= Of Mideast
. . . Any contract entered him under this article shaill ocistsin ths following Faviili011l�
(a) The term of the centrect shall be for a minimum puiod of LO years,
(b) Where applicable. the ecoU24 shall POV160 the fOUO"`m
(1) per the preservation d the qulifled historical property WA when necessary, to restore and
rehabilitate the property to Onform to the miss and r9guistions a the Office of Eristoric Preserve-
tluo of f;jirtimt of Patim &W Recrestim
fa For the pmiWk examwations of the interior and extigior of the prtmbm by the assessor. the
D;Arnneg-Oj paring and Recreation, and the Stim Baud of Equalization a MY be mmuuy to
detemine the owilmes CMQU&M with the COUtMCL
M For it to be binding upon. and lumirs to the benefit of. all successers in brunst of the owner. A
sucesuar, in interest shall have the sun nom and obligations ander the contract as the original
owner who entered into the conUS&
Wm&d by StuLIM c. 96L p. --i, I L)
sistorkd No"
lWmr IN= added bi Stau= e. WMA and am*oW bF StMCLIM C.
I= p. UM 1 1. was remsombereml I W& P. ML I ML
I 5921ILL CAntrad (00
The legislative body entering into a contract described in this article may require that the property
owner. u a conclition to entering low the cmuut� pay a fee not to amemed the reasonable cost of
administering this program
(Ad" by SfttLM c. W& p.
I SO= Reseval; sounnowak ned proteft rectirdadomin effecit
(a) Each connuct shall! ymido the& on the somfvimsmry� data of the conuact or such other annual
dabe as is 4 Mil in the coamuc% a year shall be addeil automatically to.the Initial term of the
contraft unku sotm of tionrowwal is given u provided In do seetion. U the party owner or
the legislative body dedres in any year not to renew the coirtram that Putir m Sam wrrtton
noticut of nooresswall of the contrad on the other party in z6ance of the sommal renewal date of the
coutram Unless the mclas is served by the owner at lead 90 days prior to the renewal &&a or by
the logbistiv bW-at lead 60 days prior to the renewal dus, on* yearshall saimensucay be added
ft to the of *9 emus& 4.
(b) Upon recalls by the owner of a motift fromm the legislative " of nonmnewaL the owner imay
malm a wrba procest of the notice of noctrenewal. The legislative body my. at any thus prior to
the renewal d" withdraw the notion of nonrenew&l.
deledGm DY anievichment
.1 `-:�J -' 16 6
(c) U the le&lative body or the owner Sena notice of intent is say year Da to raw"' the
contract, the e=ting contract shall remem in offwt for the balance of the period remaining Sim the
original eMatift Or the jut renewal of the eomu% as the case may ba,
(d) The owner &W fugmah the legislat" body with any mformallOn * * 0 the legislative body
shall reglaire in order to amble it to determine the allgibirty of the Property involved -
(a) No later than 20 days after a city or cowdy enters Into a contract with an owner pursuant to
thig artide, the dark of to legislative body dall record with the county recorder a copy of the
contract. which shall descnibe the Property Su*a thereto I 1 0. Fsom and after the time of the
romedutionju notice *Gmf to all pawns n in afforded by the neord2i
contract thall impart I
laws of this Stu&
(Amended by StatLigga, z "a, p. L)
reached =7 of the
JU)egialativabodymoyce I scontrectif ltdotermince tjAtbeqqmar hub
to detexiomtO to the
cooditiona of the contract prwided for in thiS Or us Luo"' "' Frup- 'I . .
point that tt 110 longer meam the standards for a qualified historical Property - The legislAtiTO
the owner has filled to restore or rehabilkate
50285. cancenwon; notice, hearing
No contract sha be canceled under Section 5M unta after the
Ilegislative body bas given notice of, and has held, a yuhlic hearing on
the matter. Jqotice of tie hearing shall be miled to the last known
ad of each owner of property within the historic Mora and shall,
be published pursuant to Section 606L
(Added by StatLI91% L 1442. V. $161. 1 L)
§ 50286. cianceation; tw, Fwalent
If a contract is canceled under Section 502K the owner shall
pay IL cutcellation fee of 12% perceut of the full value of the Proper-
ty at the tim of cancellation, as debwmined by the county assessor
without regard to any restriction ou such property b*osied pzwl=t
to this article The cancellation fee shall be paid to the Controller, at
such tim and In stich manner as the Controller shall prescribe. and
shall be deposited in the State General F'und.
(Added by StatL197Z P- 1442. P. 3162. 1 L Azaended by Stat&1978, C.
W7. p. 3874. 15. operative Ja= 1. 198L)
Emdarkd Tim
The IM amendment am" the em-
eaRadca he from 50 Vement of the OW
aefted valm to 12% percent 41 the fall
IMML
Opwatke date. &MUcadon to 11181412
fi--a yew &W Boost yam thereofter, and
legialadve Intent In PostPOWIDW Of 0901"
adve date of SWA.M8. 0. I=. P. UM
an Mancedcal Note undo Zdm:jM i IL
IM amendment of this seedon Inaper-
adre oulum Senate Count. AmamL No. 0%
IM-78 Is approved by the voters. became
opmd" Jan. 1. ML m LCJL NO. 00
van approved at the spe" 6=tewM*
election hold NOW. S. IM. use slatorlear
i4lb" under Mocadom Code i ILL
67
4-%
50287. Action to enforce coaftwt-, Pardw
An an aternative to cancenatLon of the contract for breach of
any conditim the county, city, or any landowm may bring any ac-
tion in court necessary to enforce a contract hwhuling, but riot HmIt-
ed to, an action to enforce the contract by specific performance or ID,
junction.
(Added by Stst&1972, c. 1442, p. 3161. 1 L)
502M AzIuMon of property by endnent domalue, can
tkM of contw* bmppumbeft to 44arminatIOR Of
Value
In the event. that property subject to contract IT" this artldO
is acquired In whole or In part by eminent doMS'" Or Other acquid-
tion by any entity authorind to exercise the power of eminent do-
main, and the acquisition is determined by the legislative body to
frustrate the purpose of the contract, such contract sbali be canceled
and no fee shall be imposed under Section 50286. Such contract sha
be deemed null and void for all purposes of determining the value of
the property so acquired.
(Added by Stata 1972, c. 1442, P. 3161. 11. Amended by.Stats.L974, c. 5"
JP6 I= 119-)
Hkowfied Note
no AnnadmMe anmdad tbe see -
don dM12M
SMAOMS Dowin on?.
CJA MMhMt Donsk I OL
-50289. Annexation by city of proPatY Under Omftd to coul-
tr, rights and duties; of d#
In the event that property restricted by a contract with & county
under this artide is &=aced to a city, the city shan gu=ed to an
rights, duties, and powers of the county under such OmVRCL
(Added by Stat&.197L c. 14a P. 3161. 1 L)
I SWL Camaketwo WM stow CMMWAW
I bW.'W pwwti. my .Sa Wa tM State Mstwad
LOW so ovum of quaft laklam ta WOW FrO"Iy
Resomm CAMMk" sdvke WA C060041 OR mxttm
a.=" by St&tLJ9W C, M& P- 84
LftM7 Reftreaces
JWth md Esvlro� 402LL SS to 0% 94, 104. U0. us to M
C.Tz Newat MA znvir� H a' to 1A M I= 2M 2A IV ft 140.
6% 69. 72 to M 78 to Sk a to W 142. 1" to 35L
11 .' J '.' 1
Attaichment 3
fUSTORJCAL PROFFRTY § 439.2
PL 2
which is subject to a historical property contract executed pursuant to Article
12 (commencing with Section 50280) of Chapter I of Pan 1 of Division I of
Title 5 of the Goverrintent Code.
(Added by StaLs.1977. c. 1046, p. 3153, 1 4. Amended by Stats.1985. c. 965. 1 9.)
Hlawrical M*to
rhe 1983 amendment stabstinited 'as defined (commencins veith section 5o3t) of chapter I
in 5ect'On 30230.1 of the Covernment Coda" of Division 5 of the Public Code-;
for 'merting the -eq=emcnts of Article 3 and made a gramniatic4l char4j.
§ 439.2. Voduation: capitalization of income method, determination
When valuing enforceably restricted historical property. the county assessor
shall not consider sales data on sirrular property, whether or not criforceabiy
restricted, and shall value such restricted historical property by the capitaliza.
tion of income method in the following manner:
(a) The anauaLiamme to be capitalized shall be determined as follows:
(1) Where sufficient rental information is available, the income shall be the
fair rent which can be imputed to the restricted historical property being
valued based upon rent actually received for the property by the owner'and
upon typical rentals received in the area for similar property in similar use
where the owner pays the property tax. When the restricted historical
property being valued is actually encumbered by a lease, any cash rent or its
equivalent considered in determining the fair rent of the property shall be the
amount for which the property would be expected to rent were the rental
payment to be renegotiated in the light of current conditions, including
applicable provisions under which the property is enforceably restricted.
(2) Where sufficient rentail information ia not available, the inco e shall be
that which the restricted historical property being valued reasonab y can be
ex2n�� to vield under prudent management and subject to applicable provi-
siow under which the property is enforceably restricted.
(3) If the RKm-, to an instrument which enforceably restricts the property
stipulate therein an amount which consitituts the minimum annual income to
be capitalized, then the income to be capitalized shall not 'be less than the
amount so stipulated.
For purpos" of this section income shall be determined in accordance with
rules and regulations issued by the board and with this section and shall be
the 'Ji -eneo bstweena-minits and expendirwes. Revenue shall be —the
amot= of money or moneys worth. '-including any cash rent or its equivalent.
which the property can be expected to yield to an owner -operator annually on
the average from any use of the property perautted under the terms by which
the PrOPcMY iseaforctably restricted.
EXPe--dirure3 shall be any outlay or average annual allocition of money or
MOWS worth that can be fairly charged against Lhe revenue expected to be
reo:ivtd during the period used in computing such revenue. Those txpendi-
tUM to b-e charged against revenue shall be only those which are ordinuy
alr2ld -
E Occeuary in the production and maintenance oU—therevenue for that
399
169
§ 439.2 PROPERTY TAXATION—ASSESS&UE?rr
DtV.
period. Expenditures shall not include depletion charges. debt retirement
interest on funds invested in the property, property taxes. corporation income
taxes, or corporation franchise taxes based on income.
-yf' (b) The capitalizat on rate tg bc_ujgd in valuin ow
single
family dwellings pursuani_�o_ this article shall not be derived from sales dat,
and shall be the U=of the following components.
(1) An interest component to be determined by the board and announced
no later than September I of the year preceding the assessment year and
which was the yield rate equal to the effective rate on conventional mo Rage,
as deter -mined by the Federal Home Loan Bank Board, rounded to the
est V- percent. near.
(2) An historical property risk component of_��Percent.
(3) A component for property taxes which shall be a percentage equ to
al
the estimated total tax rate applicable to the property for the assessment
times the assessment ratio.
(4) A component for amortization of the improvements which shall be a
percentage equivalent to the reciprocal of the remaining life.
(c) The capitalization rate to be used in valuing all other restricted histori.
cal,.pr�o pursuant to this article shall not be derived' 'From sales data vW
s&H be the sum of the following components.
(1) An interest component to be determined by the board and announcw
no later than September I of the year preceding the assessment yea &M
which was the yield rate equal to the effective rate on conventional mortgages
as determined by the Federal Home Loan Bank Board. rounded to the near.
e3t V. percent.
(2) An historical property risk component of 2 percent.
1_1
(3) A component for property taxes which shall be a percentage equal to
the estimated total Lax rate applicable to the property for the assessment yew
times the assessment ratio.
(4) A component for amortization of the improvements which shag be a
percentage equivalent to the reciprocal of the remaining life.
(d) The value of the restricted historical property shall be the quatiett
th
LjpS=e determined as provided in subdivision (a) divi4!!.d by he capUA-
zation rate determined as provided in subdivision (b) or (c).
(e) The ratio prescribed in Section 401 shall be applied to the value of the
property determined in subdivision (d) to obtain its assessed value.
(Added by Stats.1977, c. 1040. p. 3153. § 4. Amended by Stats.19&4, c. 67L I ZQ
Hifiwe�d Not&
Ile 1964 &nxndrmot deleted. fmon Lbe in- a( swrys requLred by SwuOd 1115
trodwux-f pwWWIL -the bo4rd for popooes code ane preceding -tho county "NOMe-
Library Kdercww
State and Local T�uoo. L&me. I I 19.
M:61
1. ; , 179
MSTOSUCAL PROPERTY 1439.4
ft I
§ 439.3. Notice of nonrenewal of contract; valuation
Notwithstanding any provision of Section 439.2 to the contrary if either the
county or city or the owner of restricted historical property' subject to
contract has served notice of nonrenewal as provided in Section 50282 of the
Government Code. the county assessor shall value such restricted historical
property as provided in this section.
(a) Following the hearing conducted pursuant to Section 50283 of the
Government Code. subdivision (b) shall apply until the termination of the
period for which the restricted historical property is enforceably restricted.
(b) The board or assessor in each year until the termination of the period
for which the property is criforceably restricted shall:
(1) Determine the full cash value of the property as if it were not subject to
an enforceable restriction: ,
(2) Determine the value of the property by the capitalization of income
method as provided in Section 439.2 and without regard. to the fact that a
notice of nonrenewal or cancellation has occurred:
(3) Subtract the value determined in paragraph (2) of this subdivision by
capitalization of income from the Full cash value determined in paragraph (1)
of this subdivision:
(4) Using the rate announced by the board pursuant to paragraph (1) of
subdivision (b) of Section 439.2. discount the amount obtained in paragraph
(3) of this subdivision for the number of years remaining until the termi-
nation of the period for which the property is enforceably restricted:
(5) Determine the value of the property by adding the value determined by
the capitalization of income method as provided in paragraph (2) of this
subdivision and the value obtained in paragraph (4) of this subdivision; and
(6) Apply the ratios prescribed in Section 401 to the value of the properTy
determined in paragraph (5) of this subdivision to obtain its assessed value.
(Added by Stats.1977, c. 1040, p. 3155. 1 4. Amended by Stats.1964, c. 678, § 25.)
HLOLorical Now
The 1994 amendment Jeleted. from the in. posei of surveys required in Section 1915, and-
'x0ducWrY P&rRVWkL *, Lhe boLrcL for pur- preceding 'the county auemr%
1439.4. Recordation of adort"blo restriction prior to lien daft
No properrf shall be valued pursuant to this article unless an enforceable
restriction meeting th ' & reclutremenu of Section 439 is signed. accepted and
recorded on or before the lien date for the fiscal year in which the valuation
would apply.
(Added by Stats.1977. c. 1040, p. 3156, 1 4.)
WCAC�16 401
171
HISTORIC PRESERVATION COMMISSION
STAFF REPORT
DATE: SEPTEMBER 15, 1994
ITEM: HISTORIC PRESERVATION ELEMENT
In order to fulfill the intent of the requirements of the Historic
Preservation ordinance, staff proposes to initiate the process of
preparing an Historic Preservation Element for the General Plan.
The proposed element is not a required element in a general plan,
but rather a supplemental element, according to the State of
California General Plan Guidelines. Local governments may adopt
any other elements which relate to the physical development of the
city, such as historic preservation. Once such an element is
adopted, it carries the same importance as a required element.
This includes consistency of proposed zoning, subdivisions, public
works, and specific plans. The optional element must also be
internally consLstent with the other elements of the plan. The
optional element must also be internally consistent with the other
elements of the plan. optional elements have the same force and
effect as mandatory ones and their adoption can expand local
government authority.
The current General Plan for the City of La Quinta provides minimal
treatment of cultural (archaeological) resources and historic
structures. In the Open Space Element, cultural (archaeological)
resources are briefly addressed regarding potential location. A
list of known historic structures is also provided on Page 4-2
(Attachment 1).
In the Environmental Conservation Element, there is another
paragraph on archaeological resources on Page 6-1, and three
paragraphs on historic resources plus the list of historic
structures is repeated on page 6-2 (Attachment 2). On Page 6-13,
there is a goa.1, an objective, and five policies stated that
pertain to archaeological and historical resources (Attachment 3).
This is the extent of attention given to cultural and historical
resources in the General Plan.
AWALYSIS:
The goal and objective are very general in nature and need
expansion. The five policies are specific in their direction, but
limited in their scope, as there are many more policies that should
be contained in the City's Historic Preservation program.
Similarly, there are several more goals and objectives that should
be included in the General Plan.
STFRPT.100 .1�.J_ 172
PROPOSED ELEMENT FORMAT:
Staff recommends that the proposed Historic Preservation Element be
organized in the same format as the other General Plan Eements.
This format includes the following sections:
I. Introduction
II. Existing setting
III. Summary of Key Planning Issues
IV. Element vision Statement
V. Relationship to Other Elements
VI. overview of Element Policy Diagram
VII. Element Goals, Objectives, and Policies
As any other element for a general plan, this element will
summarize data. Charts and graphs can be used to condense long
information. The element can be followed by appendices that
contain laws, a glossary, methods and techniques used.
Goals
The element should contain specific goals which are concise
statements describing a desired condition to be achieved. A goal
is generally not quantifiable, time -dependent or suggestive of
specific actions for achievement. Goals are expressed as ends,
conditions or states.
Oblectives
The element should also declare objectives which have a specific
end, conditions or state that is an intermediate step toward
attaining a goal. An objective should be achievable and, when
possible, measurable and time specific.
Policies
Policies are specific statements which guide decision -making. A
policy is clear and unambiguous and is based on the General Plan's
goals and objectives, as well as the analysis of data.
Standards
standards can also be developed as rules or measures to establish
a level of quality or quantity which must be complied with or
satisfied. Standards define the abstract terms of goals,
objectives and policies with concrete specifications.
STAFF RESEARCH:
For the City of La Quinta to adopt an Historic Preservation Element
would not be unique, as there are many cities in California that
have such an element. In The California Planners 1991 Book of
Lists there are 28 cities and counties with Historic Preservation
Elements, six with Archaeological Elements, and 14 with Cultural
(Cultural Resources) Elements. Staff has studied the eLements of
STFRPT.100
four of these cities and has compiled the best components in draft
form for the Commissioner's review. These cities are San Juan
Capistrano, Ukiah, Scotts Valley, and Poway. Attachment 4 consists
of this draft. The draft is in no way complete, but offers a
starting point.
FUNDING ISSUES:
once the City is certified by the CLG program, grant monies will be
available for funds to prepare an Historic Preservation Element.
The gtant program requires matching funds for which staff time,
office space, and supplies, etc., can count toward. The grant
monies could cover the cost of typesetting, printing, and any
graphics for the final product. These funds could also be used to
cover the expense of processing the draft element through workshop
and public hearing processes.
STAFF RECOMMENDATION:
Staff is in favor of the preparation of a Historic Preservation
Element. Such an element would help place La Quinta among other
cities and counties in California who take a proactive stance on
local preservation. Further, the preparation of an element can be
done by existing staff with the advice of the State office on
Historic Preservation. The hiring of outside consultants would not
be necessary.
Move to recommend to the City Council that the preparation of an
Historic Preservation Element by staff commence.
Attachments:
1.
General Plan excerpt -
Page
4-2
2.
General Plan excerpt
- Page
6-1 t06-2
3.
General Plan excerpt
- Page
6-13
4.
Draft Historic Preservation
Element
STFRPT.100 . - j,". 174
Attachment I
Golf Course Open Space
6 00
Mineral Deposits
The CRY includes one site designated as an area with
significant mineral deposits. This area is designated
PUrment to the California Surface Mining and
Reclamation AcL The site is a non-operstiM Send and
gravel mine located soutrwest of Lake Caluda Counly
Park.
PlanfiWildlife Habitat Areas
The City contains eight habrtat types Mich am related to
elevation, SONS and to presence of water The most
significant type is the Sandy Wash habitat located Wong
Bear Creek (at the western edge of the alluvial plain
South of La Quints), Wong the east margin and along the
bWjda South of Lake Cahuflla. The Sandy Wash habitat
is particu" valuable to wilae, In part because of its
seasonably abundant water, as weQ as its diaLmce from
human settlement areas.
The vanous habitat areas In the City %Wort a wide
van* of endangered, threatened, rare and special
Interest species. The endangenid/threatened species are
listed belcow.
• California Dfta)ds
• Coachella Fringe-Tood Lizard
• Flat-Talied Horned i r7a
• Peninsular Bighorn Sheep
• Prairie Faloon
• Golden E99W
• Coachella Glant Send Treader Cricket
• Vermillion Flycatcher
• Black-Taikid Gnatcatciher
• Cnssal Thrasher
• Le Conte's Thrasher
k;W
Cultuml (Archaeological) Resources
Nong the base of the mountains are the most likely
locabons of prehistone cultural resources. The locations
of these cultural resources are related to sources of water
or to locations where specific reSources were available in
9aantfty on a Seasonal basis. The most likely locationa
of mW settlements are in the protected cove areas or
alluvial plains near permanent water sources and bod
FOSOUFOSS, 04 especially at boundaries between
environmental zones.
Historic Structures zi�o�
cp�
The existing Nstork: strucUres In the City include the
folloyAng structures.
1. La Casha - 51 -733 Avenida Madero (1930)
2. Real Estate Office - 77-855 Avenida Montezuma
(I 9W
3. John Cody Building - 77-M Avenida
Montezuma (1940)
4. Marcelene Carries - 52-217 Eisenhower Drive
(1930)
5. Unnamed structure - 51-662 Eisenhower Drive
(1928)
6. Point Happy Ranch - 46-135 Washington Street
(19w)
7. Unnamed structure - 46-370 Cameo Palms
(1920)
8. Burkett Ranch Site - 47-250 Washington Street
9. Site of Old Bradshaw Road Stage Stop - Off
Eisenhower and Washington Street
10. Unnamed shwWre - 80-CMI Avenue 50 (1929)
11. Hacienda del Gato (John Marshall Ranch) -
(1902)
12. Previous Site of the Desert Club - Avenue 50
and Averift Bermudas (1937)
13. La Quints Hotel - 49-499 Eisenhower Drive
(1926)
SUMMARY OF KEY PLANNING
ISSUES
The following key planning issues are addressed in the
policies of the Open Space Element.
• Development on hillsides and alluvial fan areas
should be restricted to protect the scenic,
lopograptkal and cultural resources of the City.
• Open space Should be defined to include hillside
areas, alluWal fans, water courses, goff courses,
and natural paric areas. Natural, improved and
unimproved types of open space should be
included within the definition.
BRIM, Inc. Cha;pter 4 - Open Space Elemerg City of La Quints
�-IWAQ-4r� 4-2 General Plan
175
Aftachment 2
Chapter 6 Environmental Conservation Element
INTRODUCTION
The Environmental Conservation Element of the
La Quinta General Plan Identifies and establishe; the
City's official policy relative to the identification,
establishment, preservation and management of
natural resources In the City. The purpose of the
element is to establish official City policy which:
• Identifies areas in La Quinta with substantial natural
resources which shell be managed to prevent
waste, destruction or neglect.
• Identifies policies related to permissible uses
development standards within conservation areas,
as well as programs to ensure the conservation of
resources.
Identifies desired courses of action/strategies
which provide the means to implement the
community's conservation policies.
The Environmental Conservation Element is organized
in the following manner:
• Existing Setting - Includes a general overview of
the existing natural resources and their function in
La Quinta.
• Summary of Key Planning Issues - Includes
a brief discussion of the key planning issues which
are addressed in the Environmental Conservation
Element.
Environmental Conservation Vision State-
ment - Includes a statement describing the future
state of natural resource conservation in La Quinta.
desired by the citizens and elected officials of the
City. The development policies in the Environ-
mental Conservation Element are designed to bring
this vision to fruition.
• Relationship to Other Elements - Includes
a statement describing the relationship of the
Environmental Conservation Element to the other
General Plan elements..
• Overview of Environmental Conservation
Policy Diagram - Includes a description of the
Environmental Conservation Policy Diagram and an
overview of the spatiW distribution of the vanous
natural resource conservation areas in the City.
Environmental Conservation Development
Goals, Objectives and Policies - Includes a
description of the City of La Quinta's official
development policies relative to the identification,
location, management and development of natural
resources in the City.
Environmental Conservation Element
Implementation Measures - Includes a summary
of the various actions, programs and strategies the
City of La Quinta should take to implement the
Environmental Conservation Element goals,
objectives and policies.
EXISTING SETTING
Topography/Hillside Areas
Approximately 30 percent of the City is comprised of
the undeveloped Coral Reef and Santa Rosa
Mountains, which are located in the south central
region of the City and extend north along the western
incorporated area boundary. These mountains
contribute significantly to the City's visual, wildlife and
archaeological resources. The mountains provide a
dramatic traming element for the City as a result of
their dose proximity, steep topography and varied
vegetation. Development in these areas is regulated
by the Citys Hillside Conservation Zone Ordinance.
Generally, very low density development such as
single family residential uses less than 1 dwelling unit
per 10 acres; goll course fairways, tees and greens;
parks and other passive recreation facilities; and water
wells, pumping stations and water tanks are allowed in
areas with slopes less than 20%. Uses permitted in
areas with slopes greater than 20% are limited
pr . imarily to hiking and equestrian trails and access
roads.
Archaeological Resources
Information provided by the Archaeological Research
Unit at the University of California, Riverside,
concluded that the most likely locations of prehistoric
cultural resources in La Quinta were along the foot of
the Santa Rosa and Coral Reef Mountains. These
cultural resources are most likely tethered to sources
of water or to locations where specific resources were
available in quantity on a seasonal basis. The most
BRIM, Inc. Chapter 6 - Environmental Conservation Element City of La Quinta
6-1 General Plan
17P
likely locations of major settlements are In the
protected cove areas or alluvial plains near permanent
water sources and food resources, and especially at
boundaries between environmental zones. Temporary
campsites might be at the locations of any resource
such as game trails, springs, mesquite groves,
substantial grass stands, bedrock outcrops raw plant
or seed resources, marshy areas, or along the shore
of ancient Lake Cahullla. Isolated milling features,
sparse lithic scatters, andVor Isolated pottery sherd
scatters can be expected almost anywhere In the study
area, but are most likely where there are large
exposed boulders or bedrock outcrops. —
etziz;m
Historic Resources
Information provided by the Archaeological Research
Unit at the University of Carliomia, Riverside, Indicated
that prior to 1900, the only documented settlement in
or near the City was a small Indian village(rancheria in
Section 24 of T.55 RAE, in the vicinity of what is Later
known as Indian Welts. The village, observed in 1856
try U.S. Deputy Surveyor John La Croze, consisted of
a few huts located to the northwest of the locally
famous well site named aPalma Seca". This Indian
village, however, is not mentioned in any later sources.
The other trace of human activities that La Croze
observed in the area was the road from Los
Angeles/San Bernardino to Indio(Calbezon, a branch of
which led from Indian Wells southeasterly to Torres
(roro) area.
The earliest archival evidence of Anglo-American
settlement effort in the area comes from 1900, when
a few desert land claims were filed with the BLM on
two parcels in Section 22 of T.6S R.7E. Two years
later, the first homestead claims in the area were filed
in Section 30 of T.SS R.7E and Section 10 of TAS
R.7E. However, USGS maps dated 1904 indicate no
standing structure in the project. area. Nor do they
identify any other feature of the built environment aside
from the same roads mentioned above. The courses
of these roads differ slightly on the 1904 USGS maps
than on the 1856 plat maps, but they are clearly
identifiable.
The 1941 USGS maps offer a radically different
portrait of the area. Although perhaps outshined by
the neighboring Indio in population density, La Quinta
area was nevertheless apparently experiencing a
boom of growth. The present-day resort town of La
Ouinta had emerged in R.6E. while the outlying area
in FL7E, where the 'land rusW started, showed a fairly
typical pattern of rural settlement.
According to the Archaeological Research Unit at the
University of California, Riverside, the California
Historic Resources Inventory has records on sites (or
structures) of historic significance, including:
1. La Castle - 51 -733 Avenida Madero (1930)
2. Real Estate Office - 77-865 Avenida
Montezuma (1936)
3. John Cody Building - 77-895 Avenida
Montezuma (1940)
4. Marcelene Carnes - 52-217 Eisenhower Drive
(1930)
5. Unnamed structure - 51 -662 Eisenhower Drive
(1928)
6. Point Happy Ranch - 46-135 Washington Street
(1930)
7. Unnamed structure - 46-370 Cameo Palms
(1920)
Burkett Ranch Site - 47-250 Washington Street
9. Site of Old Bradshaw Road Stage Stop - Off
Eisenhower Drive and Washington Street
10. Unnamed structure - 80-041 Avenue 50 (1929)
11. Hacienda del Gato (John Marshall Ranch) -
(1902)
12. Previous Site of the Desert Club - (1937)
13. La Quinta Hotel - 49-499 Eisenhower Drive
(1926)
A City historic preservation ordinance which addresses
the preservation of historic sites and structures has
been adopted by the City.
Biological Habitat
The City of La Quinta is located within the California
Sonoran Desert. A variety of biological habitat types
which are related to elevation, soils and the presence
of water are within the City. The rocky slope habitat
type located within the Core] Reef and Santa Rosa
Mountains contains greater densities of mammals,
including the Peninsula Blghom-Sheep, than any other
habitat type. This habitat is within the area designated
as open space an the Land Use and Open Space Policy
Diagrams in the Land Use and Open Space Elements.
The alluvial plain habitat extends through much of the
Cove where it meets the valley floor habitat north of
Calle Durango.
BRIM, Inc. Chapter 6 - Environmental Conservation Element City of La Ouinta
�701L� 6-2 General Plan
Attachment 3
GOAL 6-2
Historici - archaeological and � culturally
'eigniftcant sites,- structures and program
preserved, perpetuated and Integrated W"
1he fabric of the Clty�
Objective 6-2.1
The City shall utilize a variety of alternative
means to identify, preserve, and integrate historic
and archaeologically significant sites and
structures.
Policy 6-2. 1. 1
The City shall establish and maintain contact with
appropriate historic and archaeological sooeties and
Native American concerns, including the Eastern
Information Center at the University of California,
Riverside, the Agua Cafiente Band of Cahudia Indiana,
the Coachella Valley Archaeological Socie�4 the
La Quints Historical Society andlor the Riverside
County Parks History Division to confirm the
identification and location histond and archaeologrally
significant sites and structures and to facilitate
compliance with CE0A (Cafifornia Environmental
Quality Act), NEPA (National Environmental Policy Act)
and NHPA (National Historic Preservation Act).
Policy 6-2.1.2
The City Shall require development applications to be
reviewed by a qualified archaeologist andlor historian,
as appropriate, prior to final approval to iden* any
project -related impacts to historical andlor
archaeological resources.
Policy 6-2.1.3
Appropriate mitigatfor; measures to protect historic and
archaeological resources shall be required where
necessary Mere appropriate, portions of proposed
projects shall be designated as Open Space and
delineated as such on the Conservation Policy
Diagram and the Open Space Policy Diagram 1 . n the
Open Space Element.
Policy 6-2.1.4
The City shall incorporate histond and archaeological
resources into open space areas, including park
facilities, where possible,
Policy 6-2.1.5
The Ofy shall designate as potential historic landmarks
the historic structures identified in the Exisbng Setting
Section of the Environmental Conservation Element.
The City shall tac(fitate preservation of such landmarks
through the Lisa of historic preservation ordinances,
density transfers, incorporation within parks and other
aftemative means.
Objective 6-2.2
The City shall utilize a variety of afternative
means to refresh, enhance and enrich the
community by providing adequate cultural
facilities, programs and activities.
Policy 6-2.2.1
The City shag continue to Wize the Ta Ouinta Art in
Public Places Programm to provide public art in the
city.
GOAL 6-3
The habitat areas of rare, threatened and
endangered flora and fauna preserved and
Incorporated within open space areas.
Objective 6-3.1
The City shall utilize variety of Wtematve means
to ensure that the habitat areas of rare, threatened
and endangered flora and fauna are conserved.
Policy 6-3.1.1
The City shall establish and maintain contact with the
appropriate governmental agencies, including the
California Department of Fish and Game, to confirm
the idenfification and location of habitat areas of rare,
threatened and endangered flora and fauna end to
facilitate compliance with appropriate environmental
legislatiork including CE0A and NEPA
Policy 6-3.12
The City shall require, when appropriate, development
applicalims to be reviewed by a qualified wildide
biologist and horticulturist to iden* any project -
related unpacts to habitat areas of rare, threatened
and endangered flora and fauna and to recommend
appropriate mitigation measures.
BRW, Inc. Chapter 6 - Environmental Conservation Element City of Le Quinta
6-13 General Plan
_'� )�;, 178
0
Aftachment 4
DRAFT
HISTORICAL PRESERVATION ELEMENT
GOALS, OBJECTIVES, AND POLICIES
Goal 1-1
Archaeological, cultural, and historic structures or places are an important
community asset, a significant feature of La Quints's rural character, and should
therefore be preserved.
objective I - 1 - 1
A comprehensive survey should be undertaken to identify and evaluate those historic
structures or places in La Quinta.
Policy 1-1.1.1
The City, in cooperation with the La Quints, Historical Society should initiate a
comprehensive historic survey of La Quinta; the survey should locate structures or
places of historical significance and analyze their condition and need for
rehabilitation -
Obiective 1 - 2.1
Local prehistoric and historic structures or features which meet state or federal
requirements should be registered.
Policy I - 2. 1. 1
17,9
The City shall support community efforts to register local prehistoric and historic
features that meet state or federal requirements.
Policy I - 2.1.2
The City shall implement a local historic registry program -
Objective I - 3 - 1
The City shall encourage the rehabilitation of historic structures through adopting
building and other code amendments for historic structures.
Policy 1 - 3. 1. 1
The City shall maintain appropriate legislation to apply alternative building code
requirements as deemed necessary on an individual basis to preserve historic
structures.
Policy I - 3.1.2
The City shall maintain appropriate legislation prohibiting the demolition of an
historic structure without an evaluation of the condition of the structure and the
costs of rehabilitation.
Obiective 1 - 4 -1
Where feasible, owners of historic properties should receive tax advantages for
maintenance and rehabilitation.
Policy I - 4. 1. 1
The City shall study the feasibility of securing contracts with property owners of
historical structures or places to restrict the use or alteration of the property or
structures as defined in Government Code Section 50280 et. seq. for tax advantages
in the form of an historic easement.
Policy 1 - 4.1.2
In the event that a contract or historic easement is executed, the City shall inform
the County Assessor of the agreement and encourage the Assessor to re-examine the
assessment of the property based upon the agreement -
Objective 1 - 5.1
The land use for and around historic structures or places should be consistent with
the community's desire for preservation.
Policy I - 5. 1 - 1
Historic structures or places should not be designated for land uses that would lead
to their depreciation in value or their demolition.
Policy 1 - 5.1.2
181
Adjacent land uses should not conflict with the preservation of an historic structure
or place.
Objective I - 6.1
Ultimate road widths and design should be consistent with the desire to preserve
historic structures or places.
Policy 1 - 6. 1. 1
The City shall avoid wherever feasible the widening of roadways or the increase in
traffic usage of a roadway adjacent to an historic structure.
Objective 1 - 7.1
Historic structures or places are an important feature of community design and
should be preserved and enhanced.
Policy 1 - 7. 1.1
Standards shall be developed for community design adjacent to historic structures
to ensure that the integrity of the structure and its surroundings are preserved.
Objective 1 - 8.1
Archaeological resources found in La Quinta should be preserved or mitigated
consistent with their intrinsic value.
182
Policy 1 - 8. 1. 1
Due to La Quints's rich prehistoric heritage, it is believed that significant sites and
artifacts still may exist untouched in the City's undeveloped areas; prior to the
approval of development projects in these areas an archaeological survey should be
performed, and reviewed by the Historical Preservation Commission. 7
Policy 1 - 8.1.2
Figure _, the La Quinta Archaeological Sensitivity Map, shall be used when
reviewing development applications in the following manner:
Application within high and medium sensitivity areas shall be required
to submit a site resources review prepared by a qualified archaeologist -
Projects within a low sensitivity area shall be required to submit an
archaeological review if the subject parcel is 80 acres or greater.
Areas not designated should not be required to submit a site resources
review unless existing information warrants a site survey.
Policy 1 - 8.1.3
All archaeological studies shall be performed by qualified archaeologists and shall
include a records search and thorough site survey.
Policy 1 - 8.1.5
18.1
The City shall develop a set of criteria establishing the City's preferred method of
archaeological review and reporting consistent with all state laws.
-'. I 18�
cc
MINUTES
HISTORICAL PRESERVATION COMMISSION - CITY OF LA QUINTA
A. regular meeting held at the La Quinta City Hall
78-495 Cafle Tampico, La Quinta, California
July 21, 1994
CALL TO ORDER
A. The meeting was called to order at 3:30 P.M. by Associate Planner Leslie
Mouriquand-Cherry.
11. ROLL CAL
A. Associate Planner Cherry requested the roll call. Present: Commission Members
Henderson, Millis, Pallette, Puente, and Wright.
B. Staff Present: Associate Planner Leslie Mouriquand-Cherry, and Department
Secretary Betty Sawyer.
111. ELECTION OF CHAIR AND VICE CHAIR
A. Staff opened the nominations for Chair. Commissioner Pallette nominated Ned
Millis. Commissioner Wright seconded the motion. Following discussion
regarding the responsibilities of the Chairman, nominations were closed and
Commissioner Millis was elected unanimously.
B. Staff opened the nominations for Vice Chair. Commissioner Pallette nominated
Terry Henderson. Commissioner Wright seconded the motion and Commissioner
Henderson was elected unanimously.
I
IV. BUSINESS SESSION:
A. CLG APPLICATION REQUIREMENTS
1. Associate Planner Leslie Mouriquand-Cherry presented the information
contained in the staff report. A copy of which is on file in the Planning
and Development Department.
2. Commissioner Pallette asked staff to explain the difference between the
threshold level and the expanded level as whether either had any additional
benefits for the City. Staff explained there basically were differences,
however, the City will meet all of the requirements, even though we will
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July 21, 1994
apply for the entry level with the plan to elevate to the expanded level the
following year. Once the City was certified all benefits. will be available.
3. Staff stated the Commissioners needed to submit their resumes as soon as
possible so staff could prepare a report to Council to gain their approval
to send the application to the State for certification.
4. No action taken at this time.
B. CURRENT STATUS OF HACIENDA DEL GATO - STAFF DIRECTIO
CONCERNING CONTACTING THE RTC
1. Associate Planner Leslie Mouriquand-Cherry presented the information
contained in the staff report and passed a draft letter written to the RTC
to the Commission for their review and approval. A copy of which is on
file in the Planning and Development Department.
2. Commissioner Henderson stated the need for the Commission to
vigorously pursue this matter.
3. Following discussion it was moved by Commissioners Henderson/Pallette
to approve the letter as drafted and request staff to send the letter as soon
as possible. Unanimously approved.
4. Commissioner Pallette asked staff what the process )would be to obtain
Federal and State Registry status for the property. Staff stated they would
need the property owners' permission first and as the property was going
to auction in November, the matter was uncertain at this time.
5. Commissioner Henderson asked if the Commission could ask the RTC for
permission to apply for the Registry.
6. Chairman Millis stated the Commission needed to so-, if the RTC is the
current owner or just the trustee.
7. Following discussion, Commissioner Henderson moved to amend her
motion to add another paragraph to the letter asking the RTC for
permission to proceed with the nomination for listing in the National
Register. Commissioner Wright asked that the letter also include a
paragraph asking permission for the Commission to visit the site.
Commissioner Pallette, maker of the second, agreed to the amendment.
The motion carried unanimously.
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July 21, 1994
8. Staff was instructed to prepare the letter and also to contact the
Information Center for more information on the procedure for listing in
the National Register.
9. Chairman Millis stated there were several maps of the grounds located at
the Hacienda and it would be beneficial if the Commission could obtain
copies of those maps for preservation. It was suggested that a second
letter be sent after a response had been obtained from the first letter,
requesting the maps.
10. Chairman Millis asked staff what the cost would be to have a survey done
of the City. Staff explained that grants anywhere from $1,400 up were
awarded from the Office of Historic Preservation for surveys. Staff stated
grants in the range of $10-20,000 were awarded. These grants are
matching grants. Staff would have more information available at the next
meeting.
C. RETE rION OF ARTIFACTS
HPC7-21
1. Associate Planner Leslie Mouriquand-Cherry presented the information
contained in the staff report. A copy of which is on file in the Planning
and Development Department.
2. Commissioner Pallette explained the problems that had been encountered
while he had been working for Caltrans and the City �of San Diego.
3. Commissioner Puente suggested information be sent to the community
about the Commission and their function and asking them to donate their
Collected artifacts.
4. Staff went on to explain that if artifacts were collected the City at present
does not have a qualified repository to place the artifacts in. Chairman
Millis stated the Historical Society was looking into buying property next
to the current museum to expand the museum facility which would have
a repository.
5. Commissioner Pallette stated he felt the Cormnission should be
considering who the artifacts belonged to. The Agua Caliente Indians
were very active in acquiring artifacts of their heritage and this could be
a possible conflict of interest as to who the artifacts belong to. The City
needs to make a determination as to their position and then the
Commission should have a dialog with the Indians to discuss the matter.
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Historical Preservation Cormnission Minutes
July 21, 1994
6. Commissioner Wright stated he would like to see the artifacts remain
somewhere in the Coachella Valley instead of Riverside.
7. Discussion followed. Chairman Millis stated it would be nice to have
some type of rotating display of the artifacts found in La Quinta. The
City could work with the local museums as well as the Indians to set up
a display and agreements.
D. HISTO ICAL PRESERVATION APPLICATION FORMS
1. Associate Planner Leslie Mouriquand-Cherry presented the information
contained in the staff report. A copy of which is on file in the Planning
and Development Department.
2. Commissioner Henderson asked staff what the purpose was for requiring
25 copies. Staff explained this number had been determined as the
reasonable number necessary to process a development application.
3. Following discussion, the Commissioners expressed their approval of the
forms. Commissioners Henderson/Wright moved to accept the
applications as submitted. Unanimously approved.
4. Commissioner Pallette asked how the District application related to the
�I
)HPO application. Staff stated the City would have �to reapply on State
forms, providing more detailed information.
5. Commissioner Pallette asked how these applications compared to the State
and Federal applications. Would there be a need to make these
applications supply the information that would be needed for those
applications. Staff stated they would review the application in light of this
question.
E. ARCHAEOLOGICAL RESOURCE MANAGEMENT REPORTS
HPC7-21
I Associate Planner Leslie Mouriquand-Cherry presented the information
contained in the staff report. A copy of which is on file in the Planning
and Development Department.
2. Following discussion, it was moved and seconded by Commissioners
Pallette/Henderson to accept the Archaeological Resource management
Reports Recommended Contents and Format and make a recommendation
to the City Council that they adopt the Report as the format required for
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Historical Preservation commission Minutes
July 21, 1994
archaeological reports submitted to the City. Unanimously approved.
3. Commissioner Henderson asked if the City had a reference library
regarding preservation topics. Staff stated they were in the process of
collecting material to be placed in the staff library for reference.
V. PUBLIC CONEWENT - None
VI. OTHER
A. Chairman Millis reminded the Commissioner that on Tuesday, July 26, 1994 at
7:00 P.M. in the Study Session Room at City Hall, the City Attomey would be
conducting a meeting for all new commissioners. Everyone was encouraged to
attend.
B. Staff reported that the California Preservation Foundation Conference will be in
April, next year at the Mission Inn, in Riverside. More information would be
supplied at a later date.
VIL ADJOURNMENT:
A motion was made and seconded by Commissioners Wright/Pallette to adjourn this regular
meeting of the Historical Preservation Commission to a regular meeting on September 15, 1994,
in the La Quinta City Hall North Conference Room. This meeting of the La Quinta Historical
Preservation Commission was adjourned at 3:30 P.M., July 21, 1994.
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