HomeMy WebLinkAbout5/23/2007 - STAFF REPORTS - 1.A. F° pp«,Sg4'� CITY OF PALM SPRINGS
" DEPARTMENT of PLANNING SERVICES
c9`'�°"Ns MEMORANDUM
Date: March 9, 2007
To: David Ready, City Manager
From: Ken Lyon, Associate Planner
Cc: Craig Ewing, Director of Planning Services
Thomas Wilson, Associate City Manager of Development Services
HSPB
Subject: REVIEW OF MUNICIPAL CODE ORDINANCE REVISIONS PROPOSED
BY THE HISTORIC SITE PRESERVATION BOARD
At an HSPB study session on October 17, 2006 and their regularly scheduled meeting
of November 12, 2006 the Board initiated a review of Municipal Code Section 8.05
Historic Preservation with the intent to recommend proposed revisions for City Council
consideration. These revisions would address a number of concerns the Board has
expressed regarding preservation issues in Palm Springs.
There is no specific language in the Municipal Code that authorizes the Board to
propose text revisions thus Staff has presented the Board's recommendations herein for
informational purposes for the City Council and the Council may initiate any
amendments it deems appropriate.
From its audit of the Code, the Board identified five issues it believed needed text
revision:
1. The Ordinance provides no guidance for review or consideration of the
approximately fifty (50) significant sites identified in 2004 City-commissioned Citywide
Historic Resources Survey, The Board proposes to require these properties to receive
City protection and review.
2. Penalties and fines have not been updated since adoption of the Historic Resources
ordinance in 1981 and no longer reflect current property values. The Board proposes
an expansion of fines and penalties as a means to prevent or deter unauthorized or un-
permitted alternations and demolitions.
3. The Ordinance provides no direction on how the costs for purchase and installation
of historic markers ('the plaque program') are allocated. The Board proposes a program
for defining and assigning such costs.
3200 E. TAHQOITZ CANYON WAY, PALM SPRINGS, CA 02262
TEL: (760) 323-8245 FAX: (76o) 322-8360 E-MAIL: KEN.LYON@PAL M5PRI NG5-CA.GOV
rlTM NO.
4. The Ordinance notes that investigations and reports shall be initiated to inform the
Board and Council in their decisions to nominate sites for possible designation. The
Board proposes to add site visitation to the section on initiating investigation and reports
to allow better understanding of the sites prior to taking action.
5. Currently the Ordinance sets the public noticing requirements for RSPB matters at
300 foot radius. The Board proposes to expand this to 400 feet, matching other city
noticing requirements.
The five issues are outlined in detail below followed by concerns and recommendations
by Staff.
1. Changes to 8.05.125 definition of Class 3: to require the HSPB to review
applications for alterations or demolition on properties identified in any CitV-approved
survey as eligible for historic classification at the local, state, or national level,
Purpose: To enable the Historic Site Preservation Board to review and approve
alterations or demolitions of properties identified as possessing sufficient historic
significance sufficient to deem them eligible for local, state or national historic
designation.
Discussion: The 2004 Citywide Historic Resources Survey identified 200 properties of
historic interest; approximately fifty (50) of those were identified as possessing sufficient
historic significance to quality them for local, state, or national historic designation.
Because the City has no established procedure for evaluating applications for alteration
or demolition of these historic sites, they are at risk of demolition or alteration that could
substantially degrade the defining characteristics that make them significant.
The Board has suggested a text amendment requiring HSPB certificate of approval on
any application for alteration or demolition on the sites possessing significant historic
characteristics. Staff believes that this would elevate the sites to Class 1 processing
without actually designating them.
Concerns and Recommendations:
A. How far should the City go to protect and review sites that possess significant
historic value but have no historic classification?
B. Minor modifications such as "in kind" replacements or repair (e,g. the roofs, wood
windows and doors and the like) on sites within this category could be processed
with Director of Planning level review to avoid unnecessary delays caused by
scheduling Board reviews for each of these small types of applications.
C. The City could 1) take no action on the survey properties, 2) allow Staff or Board
to review applications on all sites deemed significant, 3) review each site for
elevation to Class 1 status.
3200 E. TA14OUlYZ CANYON WAY, PALM SPRINGS, CA 92262
TEL: (760) 323-8245 FAX: (760) 322.SS60 E-MAII.: KEN.LYON@PALMSPBINGS-CA.GOV
Staff Recommendation: Staff seeks clarification from the Council on how it best sees
the 2004 Survey of Historic Properties being used. It should be noted that the Board
has initiated efforts to classify six specific properties, as discussed in a separate staff
report.
2. Changes to 8.05.235 Penalties for violations to Chapter 8.05 relating to non-
permitted demolition and alteration of historic structures, including increased fine
amounts and possible denial of future building permits for a period of time:
Purpose: To prevent willful demolition or un-permitted alterations of historically
significant sites. The proposal would increase the monetary penalty for violations of
provisions of Chapter 8.05 to and impose a time-limited moratorium on future
construction.
Discussion: The Board believes the current fine of $500 is neither a sufficient penalty
nor an adequate deterrent to non-permitted actions that may be detrimental or 'fatal' to
those properties possessing historic designation or those possessing qualities to make
them eligible for designation.
Fines would be increased from $500 to up to $10,000 for un-permitted alterations and
not to exceed $50,000 for un-permitted demolitions and for demolition outside of the
limitations of the scope of any granted demolition permit. Denial of building permits for
subject properties from one to five years at the discretion of the Director of Buildings
may be imposed on any property on which an un-permitted demolition or alteration
occurs. The actual amount of penalties assessed is to be determined by the Director of
Buildings based on the willfulness of the failure to obtain a permit and the benefit
derived by the un-permitted action.
Concerns and Recommendations:
A. The City has been fortunate that this issue has been tested only a small number
of instances in recent times. The Colony Palms Hotel renovation resulted in demolition
of an entire structure when only partial demolition was permitted. The historic integrity
of the complex was compromised and a historic mural was exposed to the weather and
construction activity. As land values continue to increase, intentional and un-permitted
demolition of historic structures may become increasingly common, especially if the
financial penalty is small compared to the financial return for redevelopment.
B. The denial of building permits for a period of time may represent a 'temporary
taking' for which the City may expose itself to litigation with the adoption of this text.
Staff and the City Attorney advise against this proposal.
C. It may be difficult for the Director of Building and Safety to determine the proper
fine amount. A fixed fine would eliminate any uncertainty but would also fail to
distinguish between small / unintended demolitions and major / willful violations. An
appeal process could solve this by allowing the City Council to review and adjust fines.
D. The issue of "demolition by neglect", wherein a building owner allows a historic a ,
building to decay beyond repair is not dealt with in this proposed text amendment. The
3200 E. TAHOUITZ CANYON WAY, PALM SPRINGS, CA 92262
-DEL: (760) 323-a245 FAX: (760) 322-8360 E-MAIL: KEN.LYON@ PAL MSPRI NGS-CA.GOV
C
City's recently enforced 'Vacant Structures Ordinance' makes an effort to deal with this
matter, but the burden of proof would lie with the City to prove an owner's actions were
willful demolition by neglect. Staff does not recommend the fine/penalty structure
developed by the Board, and recommends the City continue to aggressively enforce the
Vacant Structures Ordinance in dealing with the issue of demolition by neglect.
Staff Recommendation:
1 Consider a more modest increase in the fines (to reflect current land values)-
2 Set the fines at a fixed amount and allow an appeal process to be available at the
Council level-
3 Direct staff to vigorously enforce the Vacant Structures Ordinance,
3. Modifications to the Plague Program,
Purpose: To establish clear responsibility for the costs associated with purchase and
installation of plaques for historic properties.
Discussion: The Board believes that historic markers ('plaques') provide an important
public benefit by informing and educating the public about historically significant sites.
The Board has also concluded that the cost of such markers should be borne by the
person that initiates the designation request, and that the City should only pay for
markers on City-initiated designations. The actual installation would still be a City
responsibility in order to maintain quality control and retain authority for the placement
of the historic marker with the City.
Comments and Recommendations.-
A. Since adoption of the Historic Resources Ordinance in 1981, forty-three (43)
sites have been designated Class 1 and are eligible for historic markers (plaques).
Plaques have been purchased for all Class 1 sites, and staff is completing the
installation of plaques for recently designated sites. Residential plaques cost
approximately $400 and the larger commercial plaques cost approximately $1,000,
There are eighteen commercial sites and twenty-five residential sites. At an average of
slightly less than two sites designated per year, this totals an average cost against the
City's annual budget of less than $1,400 per year in new plaques plus labor costs of the
Facilities Department to install since the program began. Facilities Department labor
costs for installation of historic markers have not been tracked.
B. The City should retain control of the content (text) on historic markers, even
when the applicant purchases the plaque.
C. Requiring property owners to purchase their own plaque may diminish their
interest in seeking historic designation. One alternative is to require the owner to
reimburse the City at the time a Mills Act contract is executed. The Mills Act provides
potential property tax benefits, and the City could recapture its expenses at the time the
property owner receives the financial benefits of the historic designation.
cclQl�
3200 E. TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262
TEL: (760) 323-8245 FAX: (760) 322-8360 E-MAIL: KEN.LYON@PALMSPRINGS-CA.GQV
D. If an outside board or philanthropic organization can be found to augment the
fund for plaque costs, the Board should be encouraged to pursue such entities for fund
augmentation (as was done earlier in the historic marker program).
Staff Recommendation: Continue to fund the purchase and installation of historic
markers for Class 1 historic sites as part of public education and enrichment. Direct the
Board to approach philanthropic organizations in an effort to develop alternative funding
sources for the historic marker program.
4. Provisions for site inspections by Board members
Purpose: To require sites inspections by the Board for candidate sites for historic
designation.
Discussion: The Board believes site visits are critical to the complete understanding of
sites to be designated. While most felt it need not be mandatory, there was consensus
that an `in-person' visit by each Board member is crucial to better understanding the site
and making an informed decision.
Concerns and Recommendations:
A. An in-person inspection by each Board member may pose an inconvenience on
the part of the applicant as it may be difficult to schedule multiple visit times. It is also
difficult for the Board meet as a quorum for site visitations due to the noticing,
accessibility and liability concerns related to a "public meeting".
Staff Recommendation: Amend the text to encourage but not require site visits by all
board members.
5. Revisions to the public noticing requirements.
Purpose: To make the public noticing requirements of Section 8.05.140 consistent
with public noticing requirements for other similar city business actions.
Discussion: All other city public noticing requires notification of adjacent properties
within a 400 foot radius of the boundaries of the subject parcel. This revision would
bring consistency in process to the noticing requirements for HSPB public hearings.
Comments and Recommendation:
A. Administration of differing noticing distances leads to possible staff error and
miscommunication for public noticing. The increased radius from the subject parcel
may result in a slightly higher cost for noticing, but it would be negligible.
Staff recommendation: Adopt the text amendment as proposed.
Attachment: Municipal Code Section 8.05 Historic Preservation
3200 E. TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262
TEL: (760) 328•$245 FAX: (760) 322-EI360 E-MAIL: KEN.LYDNQa PALMS PR I NGS-CA.GOV
Chapter 8.05 HISTORIC PRESERVATION
Article 1 General Provisions
8.05.010 Purpose and authority.
This chapter is adopted pursuant to the authority of Government Code
Section 37361 for the purpose of preserving areas and specific buildings of the
city which reflect elements of its cultural, social, economic, political, architectural
and archaeological history. This chapter is intended to stabilize and improve
buildings, structures or areas which are considered to be of historical,
architectural, archaeological or ecological value, to foster civic beauty, to
strengthen the local economy and to promote the use of specific buildings for the
education and welfare of the citizens. (Ord. 140 § 1 (part), 1981)
8-05.020 Definitions.
(a) Historic Site.
An historic site is any real property such as: a building; a structure,
including but not limited to archways, tiled areas and similar architectural
elements; an archaeological excavation or object that is unique or significant
because of its location, design, setting, materials, workmanship or aesthetic
effect and:
(1) That is associated with events that have made a meaningful
contribution to the nation, state or community; or
(2) That is associated with lives of persons who made meaningful
contribution to national, state or local history; or
(3) . That reflects or exemplifies a particular period of the national, state
or local history; or
(4) That embodies the distinctive characteristics of a type, period or
method of construction; or
(5) That presents the work of a master builder, designer, artist, or
architect whose individual genius influenced his age; or that possesses high
artistic value, or
(6) That represents a significant and distinguishable entity whose
components may lack individual distinction; or
(7) That has yielded or may be likely to yield information important to
national, state or local history or prehistory.
The board shall appoint a chairperson and vice-chairperson from among
its members_ The chairperson and vice-chairperson serve for a term of one year
and until the successor of each is appointed and takes office, The secretary shall
be the planning director or his/her designee. (Ord. 1320 § 3, 1988: Ord. 1140 § 1
(park), 1981)
8.05.100 Adoption of rules—Quorum.
The board shall adopt rules for the transaction of its business, Four
members of the board constitute a quorum for the transaction of business. (Ord.
1140 § 1 (part), 1981)
8.05.110 Board records.
The board shall keep a public record of its resolutions, transactions,
findings and determinations. (Ord. 1140 § 1 (part), 1981)
8.05.120 Duties of officers.
(a) Chairperson.
The chairperson shall preside at all meetings of the board. He/she shall
appoint each committee and shall perform the duties necessary or incidental to
his/her office.
I
(b) Vice-chairperson.
The vice-chairperson is chairperson in the absence of the chairperson or in
case of inability of the chairperson to act.
(c) Secretary.
The secretary shall keep minutes of each meeting and shall record the
official actions taken. On all official actions on which a vote is taken, the
secretary shall record the vote by roll call, in alphabetical order, with the
chairman voting last. The secretary shall certify each official act and resolution of
the board. The secretary shall maintain records of operations and shall perform
such other duties as the board assigns. (Ord. 1320 § 4, 1988: Ord, 1140 § 1
(part), 1981)
Article III Procedure for Designation of Historic Sites or Historic Districts
8.05.125 Created by council.
The city council may designate one or more historic sites or districts by
following the procedures specified in this chapter. Designations will be made by
person the results of any such survey, study or investigation. (Ord. 1140 § 1
(part), 1981)
8.05.140 Notice of public hearing.
(a) Mailed notice of the public hearing shall be provided at least ten days
prior to the hearing to the owners of all property lying within the area proposed to
be designated as an historic site or district or within three hundred feet of the
outer boundaries of the area proposed to be designated as an historic site or
district, and in addition to such mailed notice, notice of such hearing shall be
published in a newspaper of general circulation within the city at least ten days
prior to such hearing. If mailed notice as required above would result in notice to
more than two hundred fifty persons, as an alternative to such mailed notice,
notice may be given by placing a display advertisement in a newspaper of
general circulation in the city, and by posting such notice in at least three
conspicuous places within the proposed boundaries of such site.
(b) Notice may be combined. Notice of public hearing before the city
council may be combined with the notice of public hearing before the historic site
preservation board; provided, that the date set for public hearing before the city
council shall be not more than sixty days later than the date set for public hearing
li by the historic site preservation board. For good cause, the public hearing before
the city council may be continued from time to time, without further published
notice, by announcing that fact at the time and place set for the public hearing
before the city council_ (Ord_ 1140 § 1 (part), 1981)
8.05.145 Findings and recommendation to the city council.
Following such public hearing, the historic site preservation board shall
make findings upon which if shall base its recommendation to the city council
concerning the designation of such proposed historic site or district. Within thirty
days after the conclusion of the public hearing, the historic site preservation
board shall file its recommendation with the city council, together with a report of
findings, hearings, and other supporting data. (Ord. 1140 § 1 (part), 1981)
8.05.150 Public hearing by city council.
The city council shall hold a public hearing upon notice given in the same
manner and to the same persons as required for the public hearing before the
historic site preservation board, which notices may be combined,as stated
elsewhere in this chapter. (Ord. 1140§ 1 (part), 1981)
8,05.155 Conduct of hearing,
i, nr,1(
At any time after the initiation of proceedings for designation of an historic
site or district, the historic site preservation board may, upon its own motion or
upon the application of any interested person, issue an order staying any
proposed or threatened demolition or alteration of the exterior of any structure
within or upon such proposed site. Such stay order shall be effective for no
longer than one hundred twenty days, and is intended to afford time for
necessary studies, hearings and determination whether such site should be
designated as an historic site. Such stay order may be extended once for a
period not to exceed sixty days. (Ord. 1140 § 1 (part), 1981)
8.05.175 Effect of stay order—Exceptions.
Upon the issuance of a stay order, no permit shall be given for the
demolition or exterior alteration of any structure or the interior arrangement of a
public building described in such stay order, and any such permit previously
issued shall forthwith be revoked; provided, however, that a stay order shall not
prevent the performance of any repairs, demolition, or removal necessary for the
protection of public health or safety, and ordered by the chief building official of
the city to be performed by the owner or occupier of such structure. (Ord. 1140 §
1 (part), 1981)
8-05.180 Approval required.
No person may undertake any of the following within or upon a Class 1
historic site without a certificate of approval from the historic site preservation
board:
(1) Construction of a new structure;
(2) The moving, demolition or alteration of an existing structure in any
manner which affects the exterior appearance of the structure,
(3) A change in land use which affects the exterior appearance of a
structure or the interior arrangement of public buildings;
(4) The erection, remodeling or replacing of a sign which affects the
exterior appearance of a structure.
(Ord- 1320 § 8, 1988; Ord. 1140 § 1 (part), 1981)
8-05,185 Application for permit to construct or alter structures.
A person who desires to construct (including new construction), alter,
move or demolish a structure within or upon a Class 1 historic site or an historic
district shall file an application upon a form prescribed by the city. The application
shall include all necessary information required by the rules of the historic site
(a) Upon the filing of an application, the secretary of the board shall set
the matter for review and shall give notice in accordance with the rules of the
board. The board shall make its decision within forty-five days from the date the
application is filed. If the board fails to act within forty-five days, the application is
considered approved unless the applicant and the board agree to an extension of
time.
(b) At the conclusion of its review, the board shall make its decision and
shall file a certificate of approval or certificate of rejection with the building official
of the city. No person may do any work upon a structure which is a subject of an
application until the board has filed its certificate of approval. If the board files a
certificate of rejection, the building official may not issue a building permit for
such work. (Ord. 1320 § 10, 1988: Ord. 1140 § 1 (part), 1981)
8.05,210 Special considerations.
(a) If an application affects the exterior appearance of a structure or
proposes to demolish a structure in a manner which the board considers to be
detrimental to the city, the board shall attempt, in cooperation with the owner, to
arrive at an economically feasible plan for the preservation of the structure.
(b) If the board is satisfied that the proposed construction or alteration
will not materially impair the historic or architectural value of the structure, it shall
approve the application.
(c) If the board finds that the retention of the structure constitutes a
hazard to public safety and the hazard cannot be eliminated by economic means
available to the owner, it shall approve the application.
(d) The board may approve the application if any of the following
circumstances exist:
(1) The structure is a deterrent to a major improvement program which
substantially benefits the city;
(2) Retention of the structure causes an undue hardship to the owner; or
(3) Retention of the structure is not in the interest of the majority of the
inhabitaints of the city.
(e) The board may approve the moving of a structure of historical
architectural value as an alternative to demolition. (Ord. 1320 § 11, 1988; Ord.
1140 § 1 (part), 1981)
8.05.215 Limit on applications_
The provisions of this chapter are separate from and additional to all other
requirements of law, including but not limited to compliance with other ordinances
and codes of the city, conditions of approval of land use permits and architectural
review and approval. Neither a certificate of approval nor any other provisions of
this chapter shall be deemed to relieve the owner or applicant from full
compliance with any such laws, ordinances, codes or conditions. (Ord. 1140 § 1
(part), 1981)