PCRES 1992-006PLANNING COMMISSION RESOLUTION 92-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA ANNOUNCING
FINDINGS AND RECOMMENDING ADDING TITLE 7,
HISTORICAL PRESERVATION TO THE LA QUINTA
MUNICIPAL CODE.
CASE NO. ZOA 92-023
WHEREAS, the Planning Commission of the City of La Quinta did on the
25th day of February, 1992, hold a duly noticed public hearing to consider the City
initiate amendment to the Municipal Code providing a new title "Historical
Preservation; and,
WHEREAS, said text amendment has complied with the requirements of
the California Environmental Quality Act of 1970 (as amended) and adopted by the
City Council by Resolution 83-68, in that the Planning Director has determined that
after an initial study the amendment will not have a significant adverse affect on the
environment and that a Negative Declaration should be filed; and,
WHEREAS, at said public hearing upon hearing and considering all testimony
and arguments of all interested persons desiring to be heard, said Planning
Commission did find that the following facts did exist to justify their recommendation
for approval of said text amendment:
Text Amendment to the Municipal Code is consistent with the La Quinta
General Plan.
The approval of the Amendment will not result in any significant adverse
environmental impacts.
The Amendment provides for the preservation of historical sites and
structures throughout the City.
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California as follows:
That the above recitations are true and correct and constitute the findings of
the Commission in this case.
That it does hereby confirm the conclusion of the Environmental Assessment
that the approval of this zoning text amendment will not result in significant
adverse affect on the environment and that a Negative Declaration is
appropriate for filing.
That the Planning Commission does hereby recommend to the City Council
approval of Zoning Text Amendment 92-023 as contained in Exhibit "A"
attached hereto.
RESOPC.068
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 25th day of February, 1992, by the
following vote, to wit:
AYES: Commissioners Mosher, Ladner, Ellson, Marrs, Chairwoman
Barrows
NOES: None
ABSENT: None
ABSTAIN: None
KATIE BARROWS, Chairwoman
City of La Quinta, California
ATTEST:
of Quinta, California
RESOPC.068 2
EXHIBIT "A"
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 7,02
GENERAL REGULATION 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."
7.02.020 PurpQse and Intent. It is the intent and
purpose of this title to:
(1) Effect and accomplish the protection, enhancement and
perpetuation of historic resource, landmarks and districts that
represent or reflect elements of the City's cultural, social,
economic, political and architectural history;
(2) Safeguard the City's historic heritage, as embodied
and reflected in its historic resources, landmarks and historic
districts;
(3) Stabilize and improve property values;
(4) Foster civic pride in the character and
accomplishments of the past;
(5) Protect and enhance the City's attractions to
residents, tourists and visitors and serve as a support and
stimulus to business and industry;
(6) Strengthen the economy of the City;
(7) Promote the use of historic districts and landmarks
for the education, pleasure and welfare of the people of the
City. (Ord. 9776 §1(part), 1985).
7.02.030 Boundaries and Areas of Application. This
title shall apply to all historic resources, publicly and
privately owned, within the corporate limits of the City.
7.02.040 Definitions. Whenever the following words or
terms are used in this title they shall have the meaning
established by this section:
(1) "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 archeological
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.
(2) "Archaeological site" means an area where remains of
man or his activities prior to keeping of history are still
evident.
(3) "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 an historic resource
or to any improvement within historic district.
(4) "Commission" means the historic preservation
commission established by this title.
(5) "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.
(6) "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
07/09/91
6198u/2588/000 -2-
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.
(7) "Historic district" means any area which contains one or more historic
resources or landmarks which as a special character or special historical value, along
with other structures, cultural, architectural, archaeological, agricultural
community or aesthetic value, or which represent one or more architectural periods
or styles typical to the history of the City, that has been designated a historic
district pursuant to this title.
(8) "Historic resource" means improvements, 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.
(9) "Historic resources inventory" means the historic
resources inventory adopted and maintained by council pursuant
to Chapter 7.06 of this title.
(10) "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.
(11) "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.
(12) "Ordinary maintenance" means any cleaning, painting
and restoration which does not result in the alteration of an
improvement or landmark.
(13) "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.
(14) "Person" means any individual, association,
partnership, firm, corporation, public agency or political
subdivision.
07/09/91
6198u/2588/000 -3-
(15) "Secretary of the Interior's Standards for
Rehabilitation" means the Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings by the U.S. Department of the Interior, National Park
Service.
(16) "Site" means any parcel or portion of real property
which has special character or special historic cultural,
archaeological, architectural, community or aesthetic value.
7.02.050 Review of Development Plan. As part of the
environmental review of development projects affecting historic
resources, the plans and application shall be referred to the
historic preservation commission for review. 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 an historical
resource and may submit written comments to the land use
planning manager.
Chapter 7 04
HISTORIC PRESERVATION COMMISSION
Sections:
7.04.010 Creation.
7.04.020 Composition --Appointment.
7.04.030 Duties.
7.04.040 Organization, Rules and Procedures.
7.04.010 creation. Pursuant to this title of this code
a historic preservation commission is created. (Ord. 9776
§1(part), 1985).
7.04.020 composition --Appointment.
(a) The historic preservation commission shall consist of
five members. All members of the commission must have
knowledge of and a demonstrated interest in historic
preservation and of local history. The commission shall, if
possible, be composed of members having the following
qualification:
(1) Two members, each cf whom has a different
recognized expertise in architecture, archaeology, history,
geology, engineering or geology or related field;
(2) One member who has an interest in local history and is a
long term resident of La Quinta;
07/09/91
6198u/2588/000 -4-
history;
( 3) One member at large from La Quinta with an interest in local
(4) One planning commissioner.
(b) All members of the commission must be residents of La Quinta.
Appointment to the historic preservation commission shall be made by the city council
and the commissioners shall serve at the city council's pleasure. Of the four
members of the commission first appointed under this chapter, two members shall be
appointed for one year, and two members shall be appointed for two years. The
successors shall be appointed for terms of two years. If a vacancy occurs other than
by expiration of a term, it shall be filled by appointment by the city council for the
unexpired portion of the term. Each member shall hold office until reappointed or
a successor is appointed and has been qualified.
7.04.030 Duties
(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) Sites and areas to be considered for listing on
LaQuinta'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 area or site;
(5) The purchase of interests in property for
purposes of historic preservation;
(6) Any other matter which the city council deems
necessary to protect historical resources.
07/09/91
6198u/2588/000 -5-
(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;
(2) Publicizing and periodically updating survey
results;
(3) Maintaining LaQuinta 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.
7.04.040 Organization Rules and Procedures. The
historic preservation commission shall establish such rules,
regulations and procedures not inconsistent with this chapter
for the transaction of business and shall keep a public record
of its resolutions, transactions, findings and determinations.
Chapter 7.06
HISTORIC RESOURCES HISTORIC LANDMARKS AND
HISTORIC DISTRICTS
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 Inventory.
The city council shall establish and maintain a historic
resources inventory.
7.06.020 Criteria for Historic Resources Inventory. A
historic resource may be considered for inclusion in the
historic resource inventory based on one or more of the
following:
(1) It exemplifies or reflects special elements of the
City's cultural, social, economic, political, aesthetic,
engineering or architectural history; or
07/09/91
6198u/2588/000 -6-
(2) It is identified with persons or events significant
in local, state or national history; or
(3) 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
(4) It is an archaeological, paleontological, botanical,
geological, topographical, ecological or geographical site
which has the potential of yielding information of scientific
value; or
(5) 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 Historic Landmark Designation Procedures.
Historic landmarks shall be established by the city council in
the following manner:
(a) Any person may request the designation of an
improvement or landscape feature as a historic 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
department upon prescribed forms and shall include the
following data:
(1) Name and address of property owner and
assessor's parcel number and address of site;
(2) Description of the proposed landmark, including
special aesthetic, cultural, architectural or engineering
interest or value of a historic nature, including information
about the architecture, notable features, construction and
other information indicating the historical significance of the
site;
(3) Sketches, photographs or drawings;
(4) Statement of condition of structures;
07/09/91
6198u/2588/000 -7-
(5) Explanation of any known threats to the
improvement of the site;
(6) Additional information:
(A)
Site plan in appropriate scale;
(B)
Legal description of the property;
(C)
Photographs, old and recent;
(D)
Proposed use;
(E)
Existing zoning;
(F)
Bibliography and references;
(G)
Chain of title, if available.
(c) within forty-five days of the date of the request,
the commission shall hold a public hearing to review the
landmark application according to the criteria of Section
7.06.020.
(d) Notice of the public hearing shall be given as
provided in Section of this code. 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
historical landmark shall be forwarded to the building
department and no building or demolition permits for any
alteration to any exterior architectural feature of the
proposed landmark shall be issued while the matter is pending
final decision.
(f) After the public hearing, the commission shall by
resolution make a report and recommendation to the city
council. If the commission determines that the improvement
does not meet landmark criteria, the process shall terminate
and the commission shall notify the property owner and
applicant of such termination in writing within ten days of the
commission's determination. If the commission determines that
the cultural 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
07/09/91
6198u/2588/000 -8-
council incorporating its reasons in support of the proposed
landmark designation. Without the property owner's consent to
the proposed designation, the proposal shall terminate.
(g) The city council shall hold a public hearing on the
proposed historic landmark designation within thirty days of
the receipt of the recommendation from the Commission.
(h) At the conclusion of the public hearing on the
proposed designation, the city council shall, by resolution,
designate or conditionally designate, or disapprove the
designation of the historic landmark. Written notice of the
city council action shall be mailed to the property owner.
7.06.040 Historic District Designation Procedures.
Historic districts shall be established by the city council in
the following manner:
(a) The procedures for designating a historic district
shall be the same as for designating a historic landmark,
except as otherwise provided in this Section.
(b) Any application for designation of a historic
district shall be filed with the planning 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
cultural resource within the district;
(6) other information requested by the planning
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 days of the
commission's determination.
07/09/91
6198u/2588/000 -9-
(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 historic district designation, within
fourteen days of reaching its decision. Such recommendation
shall include a report containing the following information:
(1) A map showing the proposed boundaries of the
historic district and identifying all structures within the
boundaries, contributing or noncontributing;
(2) An explanation of the significance of the
proposed district and description of the cultural resources
within the proposed boundaries;
(3) Recommendations as to appropriate permitted
uses, special uses, height and area regulations, minimum
dwelling size, floor area, sign regulations, parking
regulations and any other modification to existing development
standards necessary or appropriate to the preservation of the
proposed historic district;
(4) Proposed design guidelines for applying the
criteria for review of certificates of appropriateness to the
nominated historic district.
PERMITS AND PERMIT PROCEDURES
Sections:
7.08.010 Permits to Work on Historic Resources, Historic
Landmark or Historic District.
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 Resource Historic
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 historic landmark, historic landmark site or
improvement within a historic district without first obtaining
a permit in the manner provided in this chapter.
07/09/91
6198u/2588/000 -10-
(b) No board, department or commission shall grant any
permit to carry out such work on a designated historic
landmark, historic 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 attention of a historical
landmark, historical 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 site or area
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 feature when the building 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 California Historical Building
Code.
(d) The permit required by this chapter shall be in
addition to any other permit required for a proposed project.
7.08.020 Permit Procedure.
(a) An application for a permit to do work in a historic
district or on a historical landmark shall be submitted to the
development processing division on forms designated by the
Planning Director This application must include the plans
and specifications for the proposed work. Within thirty days
from the receipt of said complete application the commission
shall review 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 days of receipt of the
commission report. Notice of the public hearing shall be given
as provided in Section 21.54.060(b) 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 Criteria. The city council shall issue
a permit for the proposed work if, and only if, it determines:
07/09/91
6198u/2588/000 -11-
(1) In the case of a designated historical site, that the
proposed work would not detrimentally alter, destroy or
adversely affect any architectural or landscape feature;
(2) If the owner of a designated historical site or area
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 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 site or improvement by the City or a public interest group;
(3) In the case of construction of a new improvement,
building or structure upon an historical site, that the
exterior of such improvements will not adversely affect and
will be compatible with the external appearance of existing
designated improvements, building and structures in said site;
(4) That the applicant has presented clear and convincing
evidence of facts demonstrating to the satisfaction of the city
council that such disapproval will work 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, building
or structure or other feature involved, and that approval of
the application will be consistent with the purposes of this
chapter.
7.08.040 Duty to Keep in Good Repair. The owner,
occupant or other person legally responsible for a historic
landmark or historic district shall keep in good repair all
portions of such historic landmark, district or 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 resource. It shall be the duty of the building
director or designee to enforce this section.
7.08.050 Existing Improvements. All repairs,
alterations, reconstructions, restorations or changes in use of
existing improvements shall conform to the requirements of the
California Historical Building Code.
07/09/91
6198u/2588/000 -12-
7.10.010 Enforcement.
7.10.020 Restitution.
7.10.010 >n o-rcement
(a) Whenever any alteration, demolition, relocation, construction or grading
of any site is being done contrary to the provisions of this title, the director of
building and safety or designee may order the action stopped by notice in writing
served on any person or person engaged in the doing or causing such action, and
any such person or persons shall forthwith stop such alteration until authorized by
the director of building and safety or designee to proceed.
(b) It shall be unlawful for any person to carry out any work on any
building, structure or site in violation of a notice stopping such work.
(c) Any violation of the provision of this title shall constitute a public
nuisance.
7.10.020 Restitution. Upon damage, destruction or removal of a cultural
resource, historic 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 cultural, as well as
economic, value of the resource destroyed.
07/09/91
6198u/2588/000 -13-