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ORD 207ORDINANCE NO. 207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING A NEW CHAPTER TITLE 7 "HISTORICAL PRESERVATION" TO THE MUNICIPAL CODE AND CONCURRENCE WITH THE NEGATIVE DECLARATION. CASE NO. ZOA 92-023 - CITY OF LA QUINTA The City Council of the City of La Quinta does ordain as follows: SECTION 1. There is hereby added to the La Quinta Municipal Code Title 7 which is to read as shown in Exhibit "A". SECTION 2. Environmental. The Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended) and adopted by City Council Resolution 83-68 in that the Planning Director conducted an initial study and has determined that the proposed Zone Ordinance Amendment will not have a significant adverse impact on the environment and a Negative Declaration is hereby adopted. 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; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 5th day of May , 1992, by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None ORDDRFT.016 1 JOH NA, r City of La Quinta, California AT ST : SAUNDRA L. JUHOL , City Clerk City of La Quinta, California DAWN HONEYWELL, City Attorney City of La Quinta, California ORDDRFT.016 Ordinance No. 207 Title 7 HISTORIC PRESERVATION Chapters: 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 Purpose 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; Ordinance No. 207 (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 05/04/92 6198u/2588/000 -2- Ordinance No. 207 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. 05/04/92 6198u/2588/000 -3- Ordinance No. 207 (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 •. M5 3 W-PUNKOMMOM i • 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 Sl(part), 1985). 7.04.020 Composition --Appointment. The Planning Commission shall act as the Historical Preservation Commission. 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: 05/04/92 6198u/2588/000 -4- Ordinance No. 207 (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. (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. 05/04/92 6198u/2588/000 -5- Ordinance No. 207 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 (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 05/04/92 6198u/2588/000 -6- �41 Ordinance No. 207 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; (5) Explanation of any known threats to the improvement of the site; (6) Additional information: (A) Site plan in appropriate scale; (B) Legal description of the property; (C) Photographs, old and recent; (D) Proposed use; (E) Existing zoning; (F) Bibliography and references; (G) Chain of title, if available. (c) Within forty-five days of the date of the request, the commission shall hold a public hearing to review the landmark application according to the criteria of Section 7.06.020. (d) Notice of the public hearing shall be published in a paper of local circulation at least ten (10) days prior to the hearing date. In addition, notice of the date, place, time and 05/04/92 6198u/2588/000 -7- Ordinance No. 207 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 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: 05/04/92 6198u/2588/000 -8- Ordinance No. 207 (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. (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. 05/04/92 6198u/2588/000 -9- ordinance No. 207 Chapter 7.08 PERMITS AND PERMIT PROCEDURES 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. (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. 05/04/92 6198u/2588/000 -10- Ordinance No. 207 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: (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 o 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. 05/04/92 6198u/2588/000 -11- Ordinance No. 207 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. ENFORCEMENT, PENALTIES AND SEVERABILITY Sections: 7.10.010 Enforcement. 7.10.020 Restitution. 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 director of building and safety or designee may order the action stopped by notice in writing served on any person or persons engaged in the doing or causing such action, and any such person or persons shall forthwith stop such 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 provisions 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. 05/04/92 6198u/2588/000 -12- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, 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. 207 which was introduced at a regular meeting held on the 21st day of April and adopted on the 5th day of May, 1992, not being less than 5 days after introduction thereof. I further certify that the foregoing ordinance was posted in three (3) laces within the City of La Quinta as specified in a ;UNDRA tion of the City Council. L. JUHOLA, y Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of Ca ;fornia do hereby certify that the pdstd on May 15, �92 pursuant to City SAUNDRA L. JUHO0- City Clerk City of La Quin -fa, California the City of La Quinta, foregoing Ordinance was Council Resolution.