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ORD 536 ORDINANCE NO. 536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 7 OF THE LA QUINTA MUNICIPAL CODE th WHEREAS, the City Council of the City of La Quinta, California did, on the 5 day of April 2016, hold a duly noticed public hearing for review of a City-initiated request of a Zoning Ordinance Amendment to modify Title 7 (Historic Preservation) of the La Quinta Municipal Code; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of March 8, 2016, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Title 7 of the La Quinta Municipal Code, as identified by Title of this Ordinance; and WHEREAS, subsequent to said Public Hearing, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2016-005 to recommend to the City Council adoption of said Zone Ordinance Amendment; and, WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on March 25, 2016, as prescribed by the Municipal Code; and WHEREAS, Title 7 of the Municipal Code contains the chapters that address Historic Preservation; and WHEREAS, a comprehensive review of Title 7 was undertaken to examine each chapter for streamlining of the development review process; and WHEREAS, amendments to several chapters of Title 7 are needed as a result of the comprehensive review for the Development Code Tune Up; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Program LU-3.3.a, to provide incentives in the Zoning Ordinance for creative and high quality development; Policy LU-5.2, Consider changes in market demand in residential product type to meet the needs of current and future residents. Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: April 19, 2016 Page 2 of 10 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare.The amendment streamlines the development review process and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. CHAPTER 7.02 GENERAL RESULATION AND ADMINSTRATION shall be amended as written in Exhibit A attached hereto. SECTION 2. CHAPTER 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS shall be amended as written in Exhibit A attached hereto. SECTION 3. CHAPTER 7.10 ENFORCEMENT-PENALTIES shall be amended as written in Exhibit A attached hereto. SECTION 4. The proposed zone text amendment is exempt from environmental review under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions --- General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. SECTION 5. That the City Council does hereby approve Zoning Ordinance Amendment 2016-0001, as set forth in attached Exhibit ‘‘A,’’ for the reasons set forth in this Ordinance. SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 7. 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 the City of La Quinta. Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: April 19, 2016 Page 3 of 10 PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 19th of April, 2016 by the following vote: AYES: Council Members Franklin, Osborne, Peña, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _____________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _____________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: April 19, 2016 Page 4 of 10 EXHIBIT A 7.02.040 Definitions. Whenever the following words or terms are used in this title they shall have the meaning established by this section: A. “Alteration” means any change or modification, through public or private action, of any historic resource or of any property located within a historic district, including, but not limited to, exterior changes to or modifications of a structure or any of its architectural details or visual characteristics, including paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of archaeological sites or areas, and the placement or removal of any objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the historic qualities of the property. B. “Archaeological site” means an area where remains of man or his activities prior to keeping of history are still evident. C. “Certificate of appropriateness” means a certificate issued by the city council approving such plans, specifications, design or statements of work for any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to any historic resource or to any improvement within a historic district. D. “Commission” means the planning commission established by this title. E. “Contributing structure” means a structure within a designated historic district which has a special character, special historic or aesthetic interest or value, and is incorporated into the district for that reason. F. “Exterior architectural feature” means the architectural style, design, general arrangement, components and natural features and all the outer surfaces of the improvement, including, but not limited to, the kind and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, and other fixtures appurtenant to such improvement, and the natural form and appearance of any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture, or other form of natural or artificial landscaping. G. “Historic district” means any area which contains one or more historic resources or landmarks which has a special character or special historical value, Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: April 19, 2016 Page 5 of 10 along with other structural, cultural, architectural, archaeological, agricultural, community or aesthetic value, or which represents 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. H. “Historic resource” means improvements, including, but not necessarily limited to, buildings, landscape, structures, signs, features, sites, places, areas, or other objects of scientific, aesthetic, educational, cultural, architectural, agricultural or historic significance to the citizens of the city. I. “Historic resources inventory” means the historic resources inventory adopted and maintained by council pursuant to Chapter 7.06 of this title. J. “Improvement” means any building, structure, place, site, structural work of art, landscape feature, plant life, life-form, scenic condition, parking facility, fence, gate, wall or other object constituting a physical betterment of real property, or any part of such betterment. K. “Landmark” means any property or improvement, manmade or natural, which has special historic, cultural, architectural, archaeological, community interest or value as part of the development, heritage or history of the city, the state of California, or the nation, and that has been designated as a landmark pursuant to this title. L. “Ordinary maintenance” means any cleaning, painting, and/or other restoration which does not result in the alteration of an improvement or landmark. M. “Paleontological site” means an area where fossilized or otherwise preserved remains of plants or animals which generally predate man’s emergence on the earth are still evident. N. “Person” means any individual, association, partnership, firm, corporation, public agency, or political subdivision. O. “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. P. “Site” means any parcel or portion of real property which has special character or special historic, cultural, archaeological, architectural, community or aesthetic value. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: April 19, 2016 Page 6 of 10 7.02.050 Review of development plan. (To be deleted in its entirety) 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. 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 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. 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. Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: April 19, 2016 Page 7 of 10 The planning commission or city council may also initiate such proceedings by motion. B. Any such request shall be filed with the planning and development department upon prescribed forms and shall include the following data: 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 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 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 days prior to the hearing date. In addition, notice of the date, place, time and purpose of the hearing shall be mailed, return receipt requested, to the owner of the proposed landmark property as shown on the last equalized assessment role at least fourteen days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedings in connection with the proposed designation. E. A notice of the request for designation as a landmark shall be forwarded to the building and safety department and no building or demolition permits for any Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: April 19, 2016 Page 8 of 10 alteration to any exterior architectural features of the proposed landmark shall be issued while the matter is pending final decision. F. After the public hearing, the commission shall, by resolution, make a report and recommendation to the city council. If the commission determines that the improvement does not meet landmark criteria, the process shall terminate and the commission shall notify the property owner and applicant of such termination in writing within ten days of the commission's determination. If the 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 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. 238 § 2, 1993; Ord. 207 § 1, 1992) 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; Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: April 19, 2016 Page 9 of 10 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 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 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. 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. 238 § 2, 1993; Ord. 207 § 1, 1992) Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: April 19, 2016 Page 10 of 10 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, 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. 536 which was introduced at a regular meeting on the 5th day of April, 2016, and was adopted at a regular meeting held on the 19th day of April, 2016, 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. 2014-013. __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on April 20, 2016 , pursuant to Council Resolution. __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California