HomeMy WebLinkAbout1963ORDINANCE NO. 1963
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA. ADOPTING A
TEMPORARY MORATORIUM ON DEMOLITION OR
SUBSTANTIAL ALTERATION OF STRUCTURES BUILT
BEFORE 1969 (CLASS 3 HISTORIC STRUCTURES) TO
ALLOW FOR CONSIDERATION OF APPROPRIATE
AMENDMENTS TO THE GENERAL PLAN OR MUNICIPAL
CODE IN ACCORDANCE WITH GOVERNMENT CODE
SECTIONS 65858.
City Attorney's Summary
Pursuant to Government Code, section 65858, this Interim
Urgency Ordinance places a moratorium on demolition or
substantial alteration of structures built before 1969 (Class 3
historic structures). If adopted, this moratorium will pause such
demolition and substantial alteration to allow the City time to
study and consider potential amendments to the General Plan
or Municipal Code to address the standards, process, and
potential impacts of such activities. The moratorium requires a
four-fifths vote of the City Council to pass. The moratorium will
take effect immediately, and stand for 45 days. The City may
extend the moratorium by adoption of an extension ordinance,
which requires notice in accordance with Government Code,
section 65090, a public hearing, and a four-fifths vote of the City
Council to pass. The City may adopt no more than two
extension ordinances, the first for up to 10 months and 15 days
and the second for up to another 12 months.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Findings.
A. Demolition or Substantial Alteration to Undesignated Structures Built Before
1969. Palm Springs Municipal Code (PSMC) Chapter 8.05 establishes protections for
historic structures and districts, recognizing the importance of architectural presen/ation
to the City's character. Under PSMC Chapter 8.05, for Council-designated historic
structures (termed "Class 1" Structures) as well as structures located within Council-
designated historic districts, demolition or alteration is restricted. Demolition or alteration
of "Class 1" structures generally requires a Certificate of Approval from the City's
Historic Site Preservation Board ("HSPB") after a noticed public hearing. As such, there
is a review process to ensure preservation of historic resources amongst these
structures. PSMC Chapter 8.05 defines any structure constructed in the Year 1969 or
earlier as a "Class 3" historic structure, which does not require a formal designation
process. While the code requires that the complete demolition of a Class 3 structure be
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reviewed by the HSPB, no review process is required for the substantial alteration of
Class 3 structures. Absent a Class 1 designation, an owner/applicant may substantially
alter or demolish most of the structure, provided the owner complies with current
Building and applicable Codes. The City has already received a number of applications
to demolish or substantially alter Class 3 structures and it is anticipated that the City
may receive more such applications. There is strong concern that, without further
regulation of these structures, a significant number of historic resources could be
permanently lost to demolition or substantial alteration. At the present time, the City is
reviewing its historic preservation regulations to address this issue. The City has a
strong interest in ensuring that such demolition or substantial alteration occurs with the
appropriate level of review and development standards to protect the City's interests in
historic preservation, while also protecting the rights of property owners.
B. Public Health, Safety, and Welfare. Given the anticipated applications for
demolition or substantial alteration to pre-1969 structures and the City's interest in
protecting historic resources, there is a current and immediate threat to the public
health, safety, and welfare if permits, entitlements, or other approvals for such
demolition or substantial alteration are issued without further regulation.
C. Purpose. The purpose of this moratorium is to pause demolition or substantial
alteration of undesignated structures built before 1969 to allow for the City to study and
consider potential amendments to the General Plan or Municipal Code to set standards
for, process, and review demolition or substantial alteration of pre-1969 structures.
SECTION 2. Moratorium. Now, therefore, in accordance with Government
Code, section 65858, the City Council adopts a moratorium on demolition or substantial
alteration to structures built before 1969 as follows:
A. Definitions. For the purposes of this ordinance, the following terms and
definitions are used:
1. "Demolition or Substantial Alteration" means any of the following:
a. The removal of:
i. 25 percent or more of the lineal footage of the elevation(s) of the
structure (including sight and garden walls) facing a public street or streets
(or a street facing elevation if the parcel is a through lot or landlocked); or
ii. 50 percent or more of the lineal footage of all exterior elevation(s)
of the structure; or
relocation) of:
b. The enclosure and/or alteration (i.e., new window and/or window
i. 25 percent or more of the lineal footage of the elevation(s) of the
structure (including sight or garden walls) facing a public street or streets
(or a street facing elevation if the parcel is a through lot or landlocked); or
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Page 3
ii. 50 percent or more of the lineal footage of all exterior elevation(s)
of the structure, so that they no longer function as exterior elevation(s) of
the structure; or
c. The removal of 50 percent or more of the cumulative area of the
building footprint.
2. "Demolition or Substantial Alteration" does not mean the reconstruction or
replacement of any feature of a structure with a suitable substitute on a "like for like"
basis, as determined by the Director of Planning Services.
3. "Structure Built Before 1969" means a structure that was built before
January 1, 1969. For purposes of this ordinance, if the date of construction cannot be
determined, then, as determined by the Director of Planning Services, the structure will
be assumed to be built before 1969.
4. "Moratorium" means a temporary prohibition of an activity.
B. Moratorium. Notwithstanding anything to the contrary in existing City law,
including, but not limited to, the General Plan, any specific plan. Municipal Code, and
other governing City planning document or policy, a moratorium is hereby placed on:
1. The demolition or substantial alteration of any structure built before
1969; and
2. The approval, issuance, or transfer of any use permit, variance,
building, construction or demolition permit, business license, or other
applicable entitlement or approach for the demolition or substantial
alteration of any structure built before 1969.
C. Exception. Notwithstanding the above, this Moratorium shall not apply to the
following:
1. The demolition or substantial alteration of any structure built before
1969 that has already been designated by the City Council as an historic
structure or within an historic district and for which a Certificate of
Approval has been issued by the Historic Site Preservation Board (HSPB)
prior to said demolition or substantial alteration; or
2. Any demolition or substantial alteration of any structure authorized
by court decision, administrative order, or similar decision in order to abate
a public nuisance or otherwise correct a violation of Federal, State or local
law occurring in or on the structure.
D. Duration. The moratorium shall be in effect for 45 days from the adoption of this
ordinance. The moratorium may be extended as provided in Government Code, section
65858.
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E. Applications. The City may continue to accept and process applications for uses
prohibited by this moratorium if so required by State law. Any application received and
processed during the moratorium shall be processed at the applicant's sole cost and
risk with the understanding that no permit ifor demolition or substantial alteration of a
structure built before 1969 may issue while this moratorium or any extension of it is in
effect.
SECTION 3. Study. The City Council hereby directs the Department of Planning
Services to study and develop potential amendments to the General Plan, any specific
plan, the Palm Springs Municipal Code, or any other governing City planning document
or policy related the demolition or substantial alteration of structures built before 1969
with existing historic designations.
SECTION 4. CEQA. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act under California Code of Regulations, Title 14,
Section 15060, subdivision (c)(2), because the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment nor under
subdivision (c)(3) because the activity has no potential for resulting in physical change
to the environment, directly or indirectly and so is not a project. The ordinance
temporarily ensures that the status quo is maintained.
SECTION 5. Severability. If any section or provision of this ordinance is for any
reason held to be invalid or unconstitutional by any court of competent jurisdiction, or
contravened by reason of any preemptive legislation, the remaining sections and/or
provisions of this ordinance shall remain valid. The City Council hereby declares that it
would have adopted this Ordinance, and each section or provision thereof, regardless of
the fact that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
SECTION 6. Effectiveness. This ordinance is declared an urgency measure
necessary for the immediate protection and preservation of the public peace, health,
safety, and welfare for the reasons stated above, and it takes effect immediately on
adoption by the City Council by at least a four-fifths vote and signing by the City Clerk.
SECTION 7. Report. Ten days before this interim urgency ordinance or any
extension hereof expires, the City Council shall issue a written report describing the
measures that the City has taken to address the conditions that led to the adoption of
this ordinance.
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PASSED AND ADOPTED THIS 5^^ DAY OF-QEFfE ,2018.
ROBERT MOON, MAYOR
ATTEST:
NTH0NY
CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS )
ss.
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1963 is a full, true, and correct copy, and was adopted
at a regular meeting of the City Council held on the 5^^ day of September, 2018, by the
following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tem Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this day of . 2jl3
HONY
CITY CLE