2005 01 20 HPCw
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HISTORIC PRESERVATION COMMISSION
The Regular Meeting to be held in the Session Room at the
La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California
JANUARY 20, 2005
3:00 P.M.
Beginning Minute Motion 2005-001
CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. PUBLIC COMMENT
This is the time set aside for citizens to address the Historic Preservation
Commission on matters relating to historic resources within the City of La Quinta
which are not Agenda items. When addressing the Historic Preservation
Commission, please state your name and address and when discussing matters
pertaining to prehistoric sites, do not disclose the exact location of the site(s) for
their protection.
III. CONFIRMATION OF THE AGENDA
IV. CONSENT CALENDAR:
A. Approval of the Minutes for the meeting of November 18, 2004
.; 0 01
V. BUSINESS ITEMS:
A. Results of the Archaeological Monitoring Program for the Arnold Palmer's
Restaurant;
Applicant: La Quinta Restaurant Group
Archaeological Consultant: CRM TECH (Michael Hogan, Principal)
Location: Northeast corner of Avenue 52 and Desert Club Drive:.
B. Mitigation Recordation of Historic Building in Future Madison Club Site
Applicant: ND La Quinta Partners, LLC (John Gamlin)
Archaeological Consultant: CRM TECH (Michael Hogan, Principal)
Location: South side of Avenue 52, east of Madison Street.
VI. CORRESPONDENCE AND WRITTEN MATERIAL:
VII. COMMISSIONER ITEMS:
A. Discussion regarding Senate Bill 18 — Traditional Tribal Cultural Places
B. Discussion of issues relating to Historic Preservation
VIII. ADJOURNMENT
14... 002
MINUTES
HISTORIC PRESERVATION COMMISSION MEETING
A Regular meeting held at the La Quinta City Hall Session Room
78-495 Calle Tampico, La Quinta, CA
November 18, 2004
This meeting of the Historic Preservation Commission was called to order by
Chairman Allan Wilbur at 3:03 p.m. He then led the flag salute and asked for the
roll call.
CALL TO ORDER
A. Pledge of Allegiance.
B. Roll Call.
Present: Commissioners Mouriquand, Puente, Sharp,
Wright, and Chairman Wilbur
Staff Present: Planning Manager Oscar Orci, Principal
Planner Stan Sawa, and Temporary
Secretary Mary K. Dana.
II. PUBLIC COMMENT: None
III. CONFIRMATION OF THE AGENDA
IV. CONSENT CALENDAR:
It was moved and seconded by Commissioners Wright and Puente to
approve the minutes of October 21, 2004 as submitted. Unanimously
approved.
V. BUSINESS ITEMS:
A. Interim Archaeological Testing and Mitigation at Griffin Ranch
(Tentative Tract Map 32879)
Applicant: Trans West Housing
Archaeological Consultant: CRM Tech (Michael Hogan, Principal)
Location: Southeast corner of Madison Street and Avenue 54.
1. Principal Planner Stan Sawa presented the information
contained in the staff report, a copy of which is on file in the
Community Development Department.
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P:\CAROLYN\Hest Pres Com\HPC 11-18-04.doc
Historic Preservation Commission
November 18, 2004
2. Commissioner Sharp asked for a definition of "debitage".
Commissioner Mouriquand responded it meant chipping waste.
3. Commissioner Mouriquand stated the purpose of technical
studies was to provide needed data for completion of the CEQA
environmental review. There are specific questions required on
the initial CEQA checklist and sufficient data is needed to
answer the questions. She asked staff if they felt the interim
report provided sufficient data to answer those questions. Staff
responded the information was sufficient, based on what was
disclosed in the report.
4. Commissioner Mouriquand added the report will not have
conclusive determinations until the artifact analysis is finally
completed and submitted to the City. It seemed that technically
there would still be unanswered questions on the significance of
the findings. Staff replied the Commission should not accept
the report if they felt there were still unanswered issues. Staff
then asked the applicant for their commments.
5. Mr. Michael Hogan said the report states there is a low potential
for historic resources on this site. Commissioner Mouriquand
commented it was a legal issue. Mr. Hogan replied if any
artifacts did turn out to be of substantive value, there were
mitigation measures in place to take care of the situation.
6. Interim Community Development Director Oscar Orci asked if
there would be a difference if this was a final report and
conditions of approval were different. Their conclusion ,vas the
conditions were generally going to be the same unless there
was something extraordinary in the report that had not been
identified. Then they would have a concern, but nothing in the
report lead staff to the conclusion there was anything of
substantive value found and they were satisfied with the report.
7. Commissioner Mouriquand asked if there would be an
opportunity for preservation in situ or would all the sites be
mitigated for development. Staff replied they were also
concerned about this being an interim report. They had
researched this matter and found there had been other
situations where the interim report for CEQA had not been
accepted. However, after going over the report and checking
surrounding sites it appeared the recommended mitigation
measures were sufficient whether something were �fqund or not.
P:\CAROLYN\Hilt Pres Com\HPC 11-18-04.doc 2
Historic Preservation Commission
November 18, 2004
8. Commissioner Puente asked if they had found many artifacts.
The applicant responded very few and mostly on the surface.
9. Commissioner Sharp commented on a green bottle that was
found.
10. Chairman Wilbur expressed concern about a procedural matter
of approval of interim reports. He wanted to make sure every
effort was made to have the project mitigated in the correct and
proper way. Staff responded this matter had been researched
and the problem and since that time standard mitigation
measures had been included in every report to address the
Commissioner's concerns.
11. Commissioner Wright concurred. Standard procedures had been
established to maintain proper mitigation on all projects. He
stated he had no problem with interim reports now that the
"fail-safe" mitigation measures had been put in place.
12. It was moved and seconded by Commissioners Wright and
Mouriquand to adopt Minute Motion 2004-037 accepting the
Interim Archaeological Testing and Mitigation Report for
Tentative Tract 32879 as submitted. Unanimously approved.
B. Phase 1 Cultural Resources Investigation of 27.7 acres
Applicant: City of La Quinta Redevelopment Agency
Archaeological Consultant: The Keith Companies (John Goodman and
Leslie J. Mouriquand)
Location: North of Avenue 48, west of Dune Palms Road and
south of Highway 111.
1. Interim Community Development Director Oscar Orci asked that
it be stated for the record that Commissioner Mouriquand had
withdrawn from participating in the discussion on this project
due to a conflict of interest, since she had participated in the
preparation of this report.
2. Principal Planner Stan Sawa presented the information
contained in the staff report, a copy of which is on file in the
Community Development Department.
3. Commissioners Wright and Puente, and Chairman Wilbur
concurred with the staff report.
P:\CAROLYN\Hist Pres Com\HPC 11-18-04.doc 3
Historic Preservation Commission
November 18, 2004
4. Commissioner Sharp commented on the quality of the
photography included in the report.
5. It was moved and seconded by Commissioners Puente and
Sharp to adopt Minute Motion 2004-038 accepting the Phase 1
Cultural Resources Investigation of 27.7 acres as
recommended. AYES: Commissioners Puente, Sharp, Wright
and Chairman Wilbur. NOES: None, ABSENT: Commissioner
Mouriquand, ABSTAIN: None
C. Archaeological Monitoring Report for Cable Trenching, Flammer
Property
Applicant: Cochran Communication Construction, Inc.
Archaeological Consultant: The Keith Companies (John Goodman and
Leslie J. Mouriquand)
Location: North of Avenue 48, west of Dune Palms Road and south
of Highway 111.
1. Interim Community Development Oscar Orci asked that it be
stated for the record that Commissioner Mouriquand had
withdrawn from participating in the discussion on this project
due to a conflict of interest, since she had participated in the
preparation of this report.
2. Principal Planner Stan Sawa presented the information
contained in the staff report, a copy of which is on file; in the
Community Development Department.
3. Commissioners Sharp and Puente complimented staff on the
report. Said they had no other comments, and agreed with
report.
4. It was moved and seconded by Commissioners Puente and
Wright to adopt Minute Motion 2004-039 accepting the
Archaeological Monitoring Report for Cable Trenching, Hammer
Property as submitted. AYES: Commissioners Puente, Sharp,
Wright, and Chairman Wilbur, NOES: None, ABSENT:
Commissioner Mouriquand, ABSTAIN: None.
Commissioner Mouriquand rejoined the Commission.
D. City Council Action on Native American Heritage Commission and
Local Tribes Notification Protocol.
M... 006
P:\CAROLYN\Hist Pres Com\HPC 11-18-04.doc 4
Historic Preservation Commission
November 18, 2004
1. Principal Planner Stan Sawa presented the information
contained in the staff report, a copy of which is on file: in the
Community Development Department.
2. Commissioner Mouriquand asked about a transition period. Her
concern was for those who had not received a letter of
notification. She suggested a deadline for compliance, such as
30, 60, or 90 days. After that deadline, no report would be
processed by the City unless it had evidence of scoping. Staff
replied they were planning to implement the procedure
immediately, without a transition period.
3. Commissioner Mouriquand asked what would happen to those
applicants planning to present their reports to the Commission
and did not have the proper paperwork. Staff replied they had
been communicating these requirements to developers and their
staff. Commissioner Mouriquand emphasized this was
especially important because the early scoping needed to be
done prior to the consultant's field survey as the information
gained could be used in formulating their research. If the
information was obtained after the field work was completed,
the consultant might have to do another field survey. Staff
replied most developers meet with staff early in their project
development and are advised of the requirements.
4. Chairman Wilbur asked if staff would consider sending a list of
the various Native American groups as well as a sample form
letter to consultants/developers. Staff replied they had not
considered a form letter, but was interested in preparing a
contact list. Staff asked Commissioner Mouriquand if she
would help in preparing the list. Commissioner Mouriquand
replied the list was already compiled and included in each
response from the Heritage Commission as shown in Business
Item #B attachments, listed under "Native American Contacts,
Riverside County".
5. Chairman Wilbur asked if a copy of the form letter and list could
be sent to the consultants in the appropriate Historic
Preservation Commission packet.
6. Commissioner Mouriquand suggested using the example shown
in the attachments in Business Item #B. This form was efficient
and acceptable to the Heritage Commission.
K... O 0 7
P:\CAROLYN\Hist Pres Com\HPC 11-18-04.doc 5
Historic Preservation Commission
November 18, 2004
7. Commissioner Wright commented this was a great protocol and
a good beginning for properly documenting the Native American
history of a site. He was pleased Council approved it.
VI. CORRESPONDENCE AND WRITTEN MATERIAL: None
VII. COMMISSIONER ITEMS:
A. Interim Community Development Director Oscar Orci announced he would be
leaving the City of La Quinta and going to the City of Banning as their new
Community Development Director. He thanked the Commission for all their
assistance and was, in turn, thanked by the Commissioners for all his help
and direction.
B. Commissioner Puente stated that she had a list of ideas she would like the
Commission to discuss. She asked they be agendized for the next meeting.
C. Commissioner Sharp had a comment about the issue of whether 15 meters
or 10 meters should be the standard for the surveys. He said there did not
seem to be any consistency on the reports. Staff replied this matter had
been discussed, and a standard was being worked on to bring back to the
Commission.
VIII. ADJOURNMENT
There being no further business, it was moved and seconded by
Commissioners Wright and Mouriquand to adjourn this Regular Meeting of
the Historic Preservation Commission to the next Regular Meeting to be held
on December 16, 2004. This meeting of the Historic Preservation
Commission was adjourned at 3:40 p.m. Unanimously approved.
Submitted by:
Mary K. Dana
Temporary Secretary
,l... ' 008
P:\CAROLYN\Hist Pres Com\HPC 11-18-04.doc 6
B 1 #A
DATE:
ITEM:
LOCATION:
APPLICANT:
CONSULTANT:
BACKGROUND:
HISTORIC PRESERVATION COMMISSION
STAFF REPORT
JANUARY 20, 2005
RESULTS OF THE ARCHAEOLOGICAL MONITORING PROGRAM
FOR ARNOLD PALMER'S RESTAURANT
NORTHEAST CORNER OF AVENUE 52 AND DESERT CLUES DRIVE
LA QUINTA RESTAURANT GROUP
CRM TECH (MICHAEL HOGAN, PRINCIPAL)
This site has been developed with Arnold Palmer's Restaurant in the Village area. As a
result of its approval in 2001, archaeological monitoring of the site was required. CRM
TECH has submitted the final monitoring report and resulting artifacts. The artifacts
have been stored for safekeeping by the City until the City's Museum is constructed.
DISCUSSION:
As a result of the monitoring, one prehistoric site was discovered and recorded. The
site consisted of two separate burn areas. Artifacts found consisted of mano and
metate fragments, charcoal pieces, potsherds, fire -affected rock, and faunal pieces.
Please review the findings as submitted. This report completes the requirements for
archaeological mitigation.
RECOMMENDATION:
Adopt Minute Motion 2005- , accepting the "Archaeological Monitoring
Report — Arnold Palmer's Restaurant, as prepared and recommended by CRM
TECH.
Attachment:
1. Archaeological Monitoring Report — Arnold Palmer's Restaurant,
(Commissioners only)
Prepared by:
�CWVr, 009
Stan Sawa, Principal Planner
P:\Reports - HPC\1-20-05\rpt arnold palmers monitoring.doc
. 0
DATE:
ITEM:
LOCATION:
APPLICANT:
CONSULTANT:
BACKGROUND:
HISTORIC PRESERVATION COMMISSION
STAFF REPORT
JANUARY 20, 2005
MITIGATIVE RECORDATION OF HISTORIC BUILDING IN FUTURE
MADISON CLUB SITE
SOUTH SIDE OF AVENUE 52, EAST OF MADISON STREET
ND LA QUINTA PARTNERS, LLC (JOHN GAMLIN)
CRM TECH (MICHAEL HOGAN, PRINCIPAL)
The study area is a 40 acre parcel located in the southern part of the City on the south
side of Avenue 52, east of Madison Street. It will become part of the future Madison
Club project, a second phase of The Hideaway. The property has an abandoned
residence on a natural dune on the southwestern portion of the property.
The Historic Preservation Commission reviewed a Phase 1 Cultural Resources Report
for this site on October 21, 2004. Although the report concluded the 50± year old
residence did not appear to be eligible for listing in the California Register of Kstorical
Resources and thus did not meet CEQA's definition of "historic resources", the
Commission required that a photo documentation of the residence be completed. This
documentation would then be added to the City's Historic Records Survey.
DISCUSSION:
The applicant has submitted the documentation of the residence completed by CRM
TECH. This includes completion of a Primary Record form and 23 photographs of the
residences' exterior and exterior. There is no indication this record has been filled with
the State of California.
RECOMMENDATION:
Review and accept the photo documentation.
Attachment:
1 . Photo documentation.
Prepared by:
StanPrink pal Planner ®-1
CI #A
HISTORIC PRESERVATION COMMISSION
COMMISSIONERS ITEM
DATE: JANUARY 20, 2005
ITEM: SENATE BILL 18 RELATING TO TRADITIONAL TRIBAL CULTURAL
PLACES
BACKGROUND:
Senate Bill 18 was signed into law by the Governor Schwarzenegger on September 29,
2004 and filed with the Secretary of State on September 30, 2004 (see attachment).
This Bill deals with Historic Preservation as it relates to Native American tribes. The
Commission should review the Bill. Staff will then determine what if any changes are
needed to our Code, procedures, or policies.
RECOMMENDATION:
Review Senate Bill 18.
Attachment:
1 . Senate Bill 18
Prepared by:
Gv-�� SGcMr�.
Stan Sawa, Principal Planner
P:\Reports - HPC\1-20-05\sb 18 discussion.doc
Senate Bill No. 18
CHAPTER 905
An act to amend Section 815.3 of the Civil Code, to amend Sections
65040.2, 65092, 65351, 65352, and 65560 of, and to add Sections
65352.3, 65352.4, and 65562.5 to the Government Code, relating to
traditional tribal cultural places.
[Approved by Govemor September 29, 2004. Filed
with Secretary of State September 30. 2004.1
LEGISLATIVE COUNSEL'S DIGEST
SB 18, Burton. Traditional tribal cultural places.
(1) Existing law establishes the Native American Heritage
Commission and authorizes the commission to bring an action to
prevent severe and irreparable damage to, or assure appropriate access
for Native Americans to, a Native American sanctified cemetery, place
of worship, religious or ceremonial site, or sacred shrine located on
public property.
Existing law authorizes only specified entities or organizations,
including certain tax-exempt nonprofit organizations, and local
government entities to acquire and hold conservation easements, if those
entities and organizations meet certain conditions.
This bill would include a federally recognized California Native
American tribe or a nonfederally recognized California Native American
tribe that is on the contact list maintained by the Native American
Heritage Commission, among those entities and organizations that may
acquire and hold conservation easements, as specified.
(2) Existing law- requires the Office of Planning and Research to
implement various long range planning and research policies and goals
that are intended to shape statewide development patterns and
significantly influence the quality of the state's environment and, in
connection with those responsibilities, to adopt guidelines for the
preparation and content of the mandatory elements required in city and
county general plans.
This bill would require that, by March 1, 2005; the guidelines contain
advice, developed in consultation with the Native American Heritage
Commission, for consulting with California Native American tribes for
the preservation of, or the mitigation of impacts to, specified Native
American places, features, and objects. The bill would also require those
guidelines to address procedures for identifying the appropriate
California Native American tribes, for continuing to protect the
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Ch. 905 — 2 —
confidentiality of information concerning the specific identity, location,
character, and use of those places, features, and objects, and for
facilitating voluntary landowner participation to preserve and protect the
specific identity, location, character, and use of those places, features,
and objects. The bill would define a California Native American tribe
that is on the contact list maintained by the Native American Heritage
Commission as a "person" for purposes of provisions relating to public
notice of hearings relating to local planning issues.
(3) Existing law requires a planning agency during the preparation or
amendment of the general plan, to provide opportunities for the
involvement of citizens, public agencies, public utility companies, and
civic, education, and other community groups, through public hearings
and any other means the city or county deems appropriate.
This bill would require the planning agency on and after March 1,
2005, to refer the proposed action to California Native American tribes,
as specified, and also provide opportunities for involvement of
California Native American tribes. The bill would require that, prior to
the adoption or amendment of a city or county's general plan, the city or
county conduct consultations with California Native American tribes for
the purpose of preserving specified places, features, and objects that are
located within the city or county's jurisdiction. The bill would define the
term "consultation" for purposes of those provisions. By imposing new
duties on local governments with respect to consultations regarding the
protection and preservation of California Native American historical,
cultural, and sacred sites, the bill would impose a state -mandated local
program.
On and after March 1, 2005, this bill would include open space for the
protection of California Native American historical, cultural, and sacred
sites within the definition of "local open -space plan" for purposes of
provisions governing the preparation of the open -space element of a city
and county general plan.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for malting that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide and
other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs
so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
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The people of the State of California do enact os follows:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Current state law provides a limited measure of protection for
California Native American prehistoric, archaeological, cultural,
spiritual, and ceremonial places.
(2) Existing law provides limited protection for Native American
sanctified cemeteries, places of worship, religious, ceremonial sites,
sacred shrines, historic or prehistoric ruins, burial grounds,
archaeological or historic sites, inscriptions made by Native Americans
at those sites, archaeological or historic Native American rock art, and
archaeological or historic features of Native American historic, cultural,
and sacred sites.
(3) Native American places of prehistoric, archaeological, cultural,
spiritual, and ceremonial importance reflect the tribes' continuing
cultural ties to the land and to their traditional heritages.
(4) Many of these historical, cultural, and religious sites are not
located within the current boundaries of California Native American
reservations and rancherias, and therefore are not covered by the
protectionist policies of tribal governments.
(b) In recognition of California Native American tribal sovereignty
and the unique relationship between California local governments and
California tribal governments, it is the intent of the Legislature, in
enacting this act, to accomplish all of the following:
(1) Recognize that California Native American prehistoric,
archaeological, cultural, spiritual, and ceremonial places are essential
elements in tribal cultural traditions, heritages, and identities.
(2) Establish meaningful consultations between California Native
American tribal governments and California local governments at the
earliest possible point in the local government land use planning process
so that these places can be identified and considered.
(3) Establish government -to -government consultations regarding
potential means to preserve those places, determine the level of
necessary confidentiality of their specific location, and develop proper
treatment and management plans.
(4) Ensure that local and tribal governments have information
available early in the land use planning process to avoid potential
conflicts over the preservation of California Native American
prehistoric, archaeological, cultural, spiritual, and ceremonial places.
(5) Enable California Native American tribes to manage and act as
caretakers of California Native American prehistoric, archaeological,
cultural, spiritual, and ceremonial places.
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Ch. 905 — 4 —
(6) Encourage local governments to consider preservation of
California Native American prehistoric, archaeological, cultural,
spiritual, and ceremonial places in their land use planning processes by
placing them in open space.
(7) Encourage local governments to consider the cultural aspects of
California Native American prehistoric, archaeological, cultural,
spiritual, and ceremonial places early in land use planning processes.
SEC. 2. Section 815.3 of the Civil Code is amended to read:
815.3. Only the following entities or organizations may acquire and
hold conservation easements:
(a) A tax-exempt nonprofit organization qualified under Section
501(c)(3) of the Internal Revenue Code and qualified to do business in
this state which has as its primary purpose the preservation, protection,
or enhancement of land in its natural, scenic, historical, agricultural,
forested, or open -space condition or use.
(b) The state or any city, county, city and county, district, or other state
or local governmental entity, if otherwise authorized to acquire and hold
title to real property and if the conservation easement is voluntarily
conveyed. No local governmental entity may condition the issuance of
an entitlement for use on the applicant's granting of a conservation
easement pursuant to this chapter.
(c) A federally recognized California Native American tribe or a
nonfederally recognized Califomia Native American tribe that is on the
contact list maintained by the Native American Heritage Commission
to protect a California Native American prehistoric, archaeological,
cultural, spiritual, or ceremonial place, if the conservation easement is
voluntarily conveyed.
SEC. J. Section 65040.2 of the Government Code is amended to
read:
65040.2. (a) In connection with its responsibilities under
subdivision (1) of Section 65040, the office shall develop and adopt
guidelines for the preparation and content of the mandatory elements
required in city and county general plans by Article 5 (commencing with
Section 65300) of Chapter 3. For purposes of this section, the guidelines
prepared pursuant to Section 50459 of the Health and Safety Code shall
be the guidelines for the housing element required by Section 65302. In
the event that additional elements are hereafter required in city and
county general plans by Article 5 (commencing with Section 65300) of
Chapter 3, the office shall adopt guidelines for those elements within six
months of the effective date of the legislation requiring those additional
elements.
(b) The office may request from each state department and agency, as
it deems appropriate, and the department or agency shall provide,
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technical assistance in readopting, amending, or repealing the
guidelines.
(c) The guidelines shall be advisory to each city and county in order
to provide assistance in preparing and maintaining their respective
Qeneral plans.
(d) The guidelines shall contain the guidelines for addressing
environmental justice matters developed pursuant to Section 65040.12.
(e) The guidelines shall contain advice including recommendations
for best practices to allow for collaborative land use planning of adjacent
civilian and military lands and facilities_ The guidelines shall encourage
enhanced land use; compatibility between civilian lands and any adjacent
or nearby military facilities through the examination of potential impacts
upon one another.
(f) The guidelines shall contain advice for addressing the effects of
civilian development on military readiness activities carried out on all
of the following:
(1) Military installations.
(2) Military operating areas.
(3) Military training areas.
(4) Military training routes.
(5) Military airspace.
(6) Other territory adjacent to those installations and areas.
(g) By March 1, 2005, the guidelines shall contain advice, developed
in consultation with the Native American Heritage Commission, for
consulting with California Native American tribes for all of the
following:
(1) The preservation of, or the mitigation of impacts to, places,
features, and objects described in Sections 5097.9 and 5097.995 of the
Public Resources Code.
(2) Procedures for identifying through the Native American Heritage
Commission the appropriate California Native American tribes.
(3) Procedures for continuing to protect the confidentiality of
information concerning the specific identity, location, character, and use
of those places, features, and objects.
(4) Procedures to facilitate voluntary landowner participation to
preserve and protect the specific identity, location, character, and use of
those places, features, and objects.
(h) The office shall provide for regular review and revision of the
guidelines established pursuant to this section.
SEC. 4. Section 65092 of the Government Code is amended to read:
65092. (a) When a provision of this title requires notice of a public
hearing to be given pursuant to Section 65090 or 65091, the notice shall
also be mailed or delivered at least 10 days prior to the hearing to any
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Ch. 905 — 6 —
person who has filed a written request for notice with either the clerk of
the goveming body or with any other person designated by the governing
body to receive these requests. The local agency may charge a fee which
is reasonably related to the costs of providing this service and the local
agency may require each request to be annually renewed.
(b) As used in this chapter, "person" includes a California Native
American tribe that is on the contact list maintained by the Native
American Heritage Commission.
SEC. 5. Section 65351 of the Government Code is amended to read:
65351. During the preparation or amendment of the general plan,
the planning agency shall provide opportunities for the involvement of
citizens California Native American Indian tribes, public agencies,
public utility companies, and civic, education, and other community
groups, through public hearings and any other means the city or county
deems appropriate.
SEC. 6. Section 65352 of the Government Code is amended to read:
65352. (a) Prior to action by a legislative body to adopt or
substantially amend a general plan, the planning agency shall refer the
proposed action to all of the following entities:
(1) A city or county, within or abutting the area covered by the
proposal, and a special district that may be significantly affected by the
proposed action, as determined by the planning agency.
(2) An elementary, high school, or unified school district within the
area covered by the proposed action.
(3) The local agency formation commission.
(4) An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.
(5) A federal agency if its operations or lands within its jurisdiction
may be significantly affected by the proposed action, as determined by
the planning agency.
(6) A public water system, as defined in Section 116275 of the Health
and Safety Code, with 3,000 or more service connections, that serves
water to customers within the area covered by the proposal. The public
water system shall have at least 45 days to comment on the proposed
plan, in accordance with subdivision (b), and to provide the planning
agency with the information set forth in Section 65352.5.
(7) The Bay Area Air Quality Management District for a proposed
action within the boundaries of the district.
(8) On and after March 1, 2005, a California Native American tribe,
that is on the contact list maintained by the Native American Heritage
Commission, with traditional lands located within the city or county's
jurisdiction.
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(b) Each entity receiving a proposed general plan or amendment of a
general plan pursuant to this section shall have 45 days from the date the
referring agency mails it or delivers it in which to comment unless a
longer period is specified by the planning agency.
(c) (1) This section is directory, not mandatory, and the failure to
refer a proposed action to the other entities specified in this section does
not affect the validity of the action, if adopted.
(2) To the extent that the requirements of this section conflict with the
requirements of Chapter 4.4 (commencing with Section 65919), the
requirements of Chapter 4.4 shall prevail.
SEC. 7. Section 65352.3 is added to the Government Code, to read:
65352.3. (a) (1) Prior to the adoption or any amendment of a city
or county's general plan, proposed on or after March 1, 2005, the city or
county shall conduct consultations with California Native American
tribes that are on the contact list maintained by the Native American
Heritage Commission for the purpose of preserving or mitigating
impacts to places, features, and objects described in Sections 5097.9 and
5097.995 of the Public Resources Code that are located within the city
or county's jurisdiction.
(2) From the date on which a California Native American tribe is
contacted by a city or county pursuant to this subdivision, the tribe has
90 days in which to request a consultation, unless a shorter timeframe
has been agreed to by that tribe.
(b) Consistent with the guidelines developed and adopted by the
Office of Planning and Research pursuant to Section 65040.2, the city
or county shall protect the confidentiality of information concerning the
specific identity, location, character, and use of those places, features,
and objects.
SEC. S. Section 65352.4 is added to the Government Code, to read:
65352.4. For purposes of Section 65351, 65352.3, and 65562.5,
"consultation" means the meaningful and timely process of seeking,
discussing, and considering carefully the views of others, in a manner
that is cognizant of all parties' cultural values and, where feasible,
seeking agreement. Consultation between government agencies and
Native American tribes shall be conducted in a way that is mutually
respectful of each party's sovereignty. Consultation shall also recognize
the tribes' potential needs for confidentiality with respect to places that
have traditional tribal cultural significance.
SEC. 9. Section 65560 of the Government Code is amended to read:
65560. (a) "Local open -space plan" is the open -space element of
a county or city general plan adopted by the board or council, either as
the local open -space plan or as the interim local open -space plan adopted
pursuant to Section 65563.
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(b) "Open -space land" is any parcel or area of land or water that is
essentially unimproved and devoted to an open -space use as defined in
this section, and that is designated on a local, regional or state
open -space plan as any of the following:
(1) Open space for the preservation of natural resources including,
but not limited to, areas required for the preservation of plant and animal
life, including habitat for fish and wildlife species; areas required for
ecologic and other scientific study purposes; rivers, streams, bays and
estuaries; areas adjacent to military installations, military training
routes, and restricted airspace that can provide additional buffer zones
to military activities and complement the resource values of the military
lands; and coastal beaches, lakeshores, banks of rivers and streams, and
watershed lands.
(2) Open space used for the managed production of resources,
including but not limited to, forest lands, rangeland, agricultural lands
and areas of economic importance for the production of food or fiber;
areas required for recharge of ground water basins; bays, estuaries,
marshes, rivers and streams which are important for the management of
commercial fisheries; and areas containing major mineral deposits,
including those in short supply.
(3) Open space for outdoor recreation, including, but not limited to,
areas of outstanding scenic, historic and cultural value; areas particularly
suited for park and recreation purposes, including access to lakeshores,
beaches, and rivers and streams; and areas which serve as links between
major recreation and open -space reservations, including utility
easements, banks of rivers and streams, trails, and scenic highway
corridors.
(4) Open space for public health and safety, including, but not limited
to, areas which require special management or regulation because of
hazardous or special conditions such as earthquake fault zones, unstable
soil areas, flood plains, watersheds, areas presenting high fire risks, areas
required for the protection of water quality and water reservoirs and areas
required for the protection and enhancement of air quality.
(5) Open space for the protection of places, features, and objects
described in Sections 5097.9 and 5097.995 of the Public Resources
Code.
SEC. 10. Section 65562.5 is added to the Government Code, to read:
65562.5. On and after March 1, 2005, if land designated, or
proposed to be designated as open space, contains a place, feature, or
object described in Sections 5097.9 and 5097.995 of the Public
Resources Code, the city or county in which the place, feature, or object
is located shall conduct consultations with the California Native
American tribe, if any, that has given notice pursuant to Section 65092
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for the purpose of determining the level of confidentiality required to
protect the specific identity, location, character, or use of the place,
feature, or object and for the purpose of developing treatment with
appropriate dignity of the place, feature, or object in any corresponding
management plan.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district because
in that regard this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction,
within the meaning of Section 17556 of the Government Code, or
changes the definition of a crime within the meaning of Section 6 of
Article XIII B of the California Constitution.
However, notwithstanding Section 17610 of the Government Code,
if the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for reimbursement
does not exceed one million dollars (51,000,000), reimbursement shall
be made from the State Mandates Claims Fund.
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HISTORIC PRESERVATION COMMISSION
COMMISSIONERS ITEM
DATE: JANUARY 20, 2005
ITEM: LIST OF HISTORIC PRESERVATION SUBJECTS
BACKGROUND:
Commissioner Puente has submitted a list of issues related to historic preservation.
They are presented for Commission information and discussion.
RECOMMENDATION:
Please review the list and determine if further information and/or action is needed.
Attachment:
1 . List of issues
Prepared by:
�A�✓ AAMB��
Stan Sawa, Principal Planner
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P:\Reports - HPC\1-20-05\marias list.doc
City of La Quinta
La Quinta Historical Presentation Commision (LQHPC)
Issues•
1. (Annual) budget of LQHPC.
2. Set up mobil meetings.
3. Books, publications and subscriptions to be placed in library area for staff, etc. to
review and consult.
4. List of projects on file approved by city since it was incorporated as such in 1982.
5. Possibility to establish a community scholarship from LQHPC.
6. Organize/ give presentation to high school student, to reach for archaeological,
historical, cultural, landscaping future professional.
7. Update La Quinta historical survey.
8. Take a tour of buildings from the 50's in La Quinta cove.
9. Publish the context statement.
10. Laguna de la paz project. Pathway is 1,000 years old.
11. New owners of La Quinta Hotel.
12. Historic tourism/ walking tour.
13. 10 years of LQHPC accomplishment (press release).
14. Council members to attend yearly state conference.
15. Preservation staff member: considering hiring a part-time person?
16. Grant renewal 4 survey update.
17. Host CLG training workshops. Focus on some good training issues.
18. Have 3 models of cities (Ontario, San Diego, Riverside) study their plans,
accomplishments.
19. Follow-up of projects & their deadlines. List of projects. (Silver Rock project, etc.)
20. Indian representation during official monthly meeting.
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Saturday, February 12, 2005
Imperial Valley College
Highway 111 and Aten Road
Imperial, California
In room 2131
Morning Session
8:00- 8:30 registration
8:30-12:00 speakers on topics concerning cultural resources along the
Colorado River
12:00-1:00 lunch
Afternoon Session
1:00-4:00 discussions
Discussion topics will include:
Senate Bill 18 and how it effects governments, tribes and CRM
Native American Consultation
There will be a $5.00 charge for attendance. For information contact Karen
Collins 760 358-7016 ivcdm(cDimperial.edu or Margaret Hangan 858 674-
2973 shrineinfo@yahoo.com
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