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ORD 621 Title 7 Historic Preservation Updates - Mills Act & DedesignationORDINANCE NO. 621 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 7 HISTORIC PRESERVATION OF THE LA QUINTA MUNICIPAL CODE BY ADDING SECTION 7.06.050 REGARDING DE - DESIGNATION OF A LANDMARK PROPERTY OR DISTRICT AND CHAPTER 7.09 REGARDING MILLS ACT CONTRACTS WHEREAS, the City Council of the City of La Quinta, California did, on March 18, 2025, consider an amendment to Title 7 of the La Quinta Municipal Code to add language regarding the implementation of Mills Act contracts and de -designation procedures for historic landmark properties and districts; and WHEREAS, Title 7 of the La Quinta Municipal Code contains chapters that address the historic preservation of properties in the City; and WHEREAS, the proposed amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions — Common Sense Rule and is consistent with the previously approved findings of the General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622) as the proposed amendment implements the goals, policies, and programs of the General Plan. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows.. SECTION 1. Title 7 shall be amended as written in "Exhibit A" attached hereto. SECTION 2. The proposed amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions — Common Sense Rule and is consistent with the previously approved General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622). SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 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 (Resolution No. 2022-027), shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 5. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. Ordinance No. 621 Amending Title 7 Historic Preservation - adding Chapter 7.09 Mills Act Contracts & Section 7.06.050 De -Designation of Landmark Property or District Adopted: April 1, 2025 Page 2 of 2 SECTION 6. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 1st day of April 2025, by the following vote: AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans NOES: None ABSTAIN: None r LINDA EVANS, Mayor City of La Quinta, California ATTEST: • -•I • - . Exem. r1i • APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Ordinance No. 621 La Quinta, California, Municipal Code Amending Title 7 Historic Preservation Title 7 HISTORIC PRESERVATION Adopted: April 1, 2025 Title 7 HISTORIC PRESERVATION EXHIBIT A Chapter 7.02 GENERAL REGULATION AND ADMINISTRATION 7.02.010 Short title. This title shall be known as the "historic preservation ordinance." (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.02.020 Purpose and intent. 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; 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. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 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. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.02.040 Definitions. Whenever the following words or terms are used in this title they shall have the meaning established by this section: "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 La Quinta, California, Municipal Code (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 1 of 9 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. "Archaeological site" means an area where remains of man or his activities prior to keeping of history are still evident. "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. "Commission" means the planning commission established by this title. "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. "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. "Historic district" means any area which contains one (1) 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 represents one (1) or more architectural periods or styles typical to the history of the city, that has been designated a historic district pursuant to this title. "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. "Historic resources inventory" means the historic resources inventory adopted and maintained by council pursuant to Chapter 7.06 of this title. "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. "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. "Ordinary maintenance" means any cleaning, painting, and/or other restoration which does not result in the alteration of an improvement or landmark. "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. "Person" means any individual, association, partnership, firm, corporation, public agency, or political subdivision. "Secretary of the Interior's Standards for Rehabilitation" means the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings by the U.S. Department of the Interior, or the National Park Service. (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:36 [EST] Page 2 of 9 "Site" means any parcel or portion of real property which has special character or special historic, cultural, archaeological, architectural, community or aesthetic value. (Ord. 536 § 1, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) Chapter 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS 7.06.010 Establishment of historic resources inventory. The city council shall establish and maintain a historic resources inventory according to the requirements of the state historic preservation office. (Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.020 Criteria for historic resources inventory. A historic resource may be considered for inclusion in the historic resource inventory based on one (1) or more of the following: A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering or architectural history; or B. It is identified with persons or events significant in local, state or national history; or C. It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable example of the use of indigenous materials or craftsmanship or is representative of a notable work of an acclaimed builder, designer or architect; or D. It is an archaeological, paleontological, botanical, geological, topographical, ecological or geographical site which has the potential of yielding information of scientific value; or E. It is a geographically definable area possessing concentration of site, buildings, structures, improvements or objects linked historically through location, design, setting, materials, workmanship, feeling and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement. (Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.030 Landmark designation procedures. Landmarks shall be established by the city council in the following manner: A. Any person may request the designation of an improvement as a landmark by submitting a written request for such designation to the planning commission. The planning commission or city council may also initiate such proceedings by motion. Any such request shall be filed with the planning and development department upon prescribed forms and shall include the following data: 1. Name and address of property owner and assessor's parcel number and address of site; (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:36 [EST] Page 3 of 9 2. Description of the proposed landmark, including special aesthetic, cultural, architectural or engineering interest or value of a historic nature, including information about the architecture, notable features, construction and other information indicating the historical significance of the site; 3. Sketches, photographs or drawings; 4. Statement of condition of the improvement; 5. Explanation of any known threats to the improvement of the site; 6. Additional information: a. Site plan in appropriate scale, b. Legal description of the property, C. Photographs, old and recent, d. Proposed use, e. Existing zoning, f. Bibliography and references, g. Chain of title, if available. C. Within forty-five (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 7.06.020. 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 (14) 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. 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 (10) days of the commission's determination. If the commission determines that the historical resource warrants landmark designation and the property owner has consented to same in writing, then the commission shall submit a written recommendation to the city council incorporating its reasons in support of the proposed landmark designation. Without the property owner's consent to the proposed designation, the proposal shall terminate. G. The city council shall hold a public hearing on the proposed historic landmark designation within thirty (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. (Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 4 of 9 7.06.040 Historic district designation procedures. Historic districts shall be established by the city council in the following manner: A. The procedures for designating a historic district shall be the same as for designating a landmark, except as otherwise provided in this section. B. Any application for designation of a historic district shall be filed with the planning and development department upon the prescribed form and shall include the following data: 1. Boundaries of the proposed district and a list of names and addresses of property owners, assessor's parcel numbers and addresses of properties within the boundaries; 2. Description of the proposed historic district, including special aesthetic, cultural, architectural or engineering interest or value of a historical nature; 3. Sketches, photographs or drawings; 4. Statement of condition of structures and improvements within the district; 5. Explanation of any known threats to any historic resource within the district; 6. Other information requested by the planning and development department. C. If written consent of two-thirds (%) of the owners of property within the proposed district to the proposed designation is not obtained at the time of the planning commission hearing, the process shall terminate and the commission shall notify the property owners and applicant of the termination within fourteen (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: 1. A map showing the proposed boundaries of the historic district and identifying all structures within the boundaries, contributing or noncontributing; 2. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries; 3. Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations and any other modification to existing development standards necessary or appropriate to the preservation of the proposed historic district; 4. Proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated historic district. (Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.050 De -designation of a landmark property or district. A. Findings of Fact. De -designation of a landmark property or district may be initiated by the property owner or by the City based on one or more of the following findings of fact. 1. New evidence is provided to the City that demonstrates the previously identified historical significance of the landmark property or district has been reduced or no longer exists such that the landmark property or district no longer meets the eligibility criteria; or (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 5 of 9 The landmark property or district was designated inaccurately based on incorrect information; or The integrity of the landmark property or district itself has been greatly diminished such that it no longer physically conveys its identified historical significance resultant from extensive unintentional damage, fire, flood, or natural disaster. B. Historic Landmark Assessment Report. A Historic Landmark Assessment Report may be required, at the Design and Development Director's discretion, as part of the de -designation request, and will be paid for by the applicant. The Historic Landmark Assessment Report shall respond to the findings of fact included in this section and shall be provided to the Planning Commission and City Council. C. De -designation Procedures Pursuant to the California Environmental Quality Act, the City shall complete the appropriate environmental review for the proposed de -designation process. The Planning Commission shall consider all landmark de -designation requests and associated Historic Landmark Assessment Reports as well as any other information provided by the applicant or the Director. Upon consideration at a regularly scheduled public hearing, the Planning Commission shall forward a recommendation to the City Council to de -designate or to not de - designate the property or district in question. If one or more of the findings of fact exist, the City Council, at a regularly scheduled public hearing, may: a. De -designate the landmark property or district and update or cancel the Mills Act Agreement accordingly; or b. Maintain the previous designation assigned. Filing fees for de -designation of a landmark property or district shall be determined by resolution of the City Council. Chapter 7.08 PERMITS AND PERMIT PROCEDURES 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 a 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 Section 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 (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 6 of 9 due to an unsafe or dangerous condition which cannot be rectified through the use of the State Historical Building Code. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 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 the 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 (30) days of receipt of the commission's report. Notice of the public hearing shall be given as provided in Section 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. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.08.030 Permit criteria. 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 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 city 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. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.08.040 Duty to keep in good repair. 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 (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 7 of 9 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. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.08.050 Existing improvements. All repairs, alterations, reconstructions, restorations or changes in use of existing improvements shall conform to the requirements of the state historical building code. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) Chapter 7.09 MILLS ACT CONTRACTS 7.09.010 Mills Act contracts A. This section implements the Mills Act (California Government Code section 50280 et seq.), related to landmark property contracts. The Mills Act authorizes local governments to enter into contracts with owners of private landmark property who will preserve and, when necessary, restore and rehabilitate the property. As consideration for the preservation, restoration, and rehabilitation of the property, a Mills Act contract will qualify the property for an assessment of valuation in accordance with California Revenue and Taxation Code section 439 et seq., which may result in tax savings for the property owner. B. An owner of a property that is designated as a landmark pursuant to Title 7 is eligible and may apply to enter into a Mills Act contract with the city. C. The City Council, by resolution, may limit the number of Mills Act contracts the city enters in any calendar yea r. D. When considering whether an applicant is suitable for a Mills Act contract, the city shall evaluate applications that demonstrate any of the following: 1. The property is particularly significant due to its historic integrity, location, or other attribute. 2. The applicant has the ability to preserve and, when necessary, restore and rehabilitate the property. 3. The preservation and, when necessary, restoration and rehabilitation of the property will enhance the city's inventory of historic and cultural resources and landmark properties. E. The Planning Division of the Design and Development Department shall make available Mills Act application materials. A property owner who wishes to enter into a Mills Act contract with the city must submit an application to the Design and Development Director and pay a processing and administrative fee in an amount established by resolution of the city council. The Design and Development Director, or his or her designee, within 60 days of receipt of a complete application, shall determine the applicant's suitability for a Mills Act contract based on subsections B and D above. If the Design and Development Director, or his or her designee, determines the applicant is suitable for a Mills Act contract, the Design and Development Director, or his or her designee, shall prepare and make recommendations on the contents of the contract for consideration by the City Council. (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 8 of 9 G. The City Council may, in its sole discretion, approve, approve with conditions, or deny the proposed contract. H. A Mills Act contract application that has been denied by the City Council cannot be resubmitted for one year from the date of City Council action. Chapter 7.10 ENFORCEMENT —PENALTIES 7.10.010 Enforcement. 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 of 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 is 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 title shall constitute a public nuisance. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.10.020 Restitution. Upon damage, destruction or removal of a historic resource, designated landmark or historic district without permit, the planning commission shall review the action and make recommendation for restitution commensurate with damage inflicted, specifically assessing the historic, as well as economic, value of the resource destroyed. (Ord. 536 § 3, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 9 of 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 621 which was introduced at a regular meeting on the 18th day of March 2025, and was adopted at a regular meeting held on the 1st day of April 2025, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027. MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the 2nd day of April 2025, pursuant to Council Resolution. MONIKA RADEVA, City Clerk City of La Quinta, California