HomeMy WebLinkAbout10/3/2018 - STAFF REPORTS - 1.G.DATE: October 3, 2018
Citv Council Staff Report
CONSENT CALENDAR
SUBJECT: CITY COUNCIL REPORT RE CITY'S MEASURES TO ALLEVIATE
CONDITIONS WHICH LED TO ADOPTION OF INTERIM URGENCY
ORDINANCE NO. 1963 — A TEMPORARY MORATORIUM ON
DEMOLITION OR SUBSTANTIAL ALTERATION OF UNDESIGNATED
STRUCTURES BUILT BEFORE 1969 (CLASS 3 STRUCTURES)
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
On September 5, 2018, the City Council adopted an interim urgency ordinance
that temporarily prohibited the demolition or substantial alteration of structures built
before 1969 that do not already have an historic designation. The interim urgency
ordinance is effective for 45 days and is set to expire on October 20, 2018.
Pursuant to State law, the City Council is required, not later than 10 days prior
the expiration of the moratorium ordinance to issue a written report to the public
describing the measures taken to alleviate the conditions which led to the adoption of
the moratorium ordinance. A draft report to that effect is attached hereto.
Although Staff has started to take the measures to address these issues, they
have not yet finished their work in this regard. As such, Staff will present to the Council
at its October 17 meeting a request to extend the moratorium for an additional period of
ten (10) months and fifteen (15) days.
RECOMMENDATION:
1. Adopt and issue the attached City Council Report to the public describing the
City's Measures to alleviate the conditions which led to adoption of Interim
Urgency Ordinance No. 1963 - a temporary moratorium on demolition or
substantial alteration of undesignated structures built before 1969.
City Council Staff Report
October 3, 2018--Page 2
City Council Report on Demolition Moratorium
STAFF ANALYSIS:
On September 5, 2018, the City Council adopted an interim urgency ordinance
that temporarily prohibited the demolition or substantial alteration of structures built
before 1969 that do not already have an historic designation. The interim urgency
ordinance is effective for 45 days and is set to expire on October 20, 2018.
The moratorium was established to allow the City the opportunity to consider
amendments to the Palm Springs Municipal Code to better regulate the demolition or
substantial alteration of undesignated structures built before 1969 in order to address
the unique health, safety and welfare impacts of such activities. Pursuant to
Government Code, Section 65858(d), the City Council is required, not later than 10
days prior the expiration of the moratorium ordinance (October 10, 2018), to issue a
written report to the public describing the measures taken to alleviate the conditions
which led to the adoption of the moratorium ordinance.
Since the adoption of the moratorium, the Planning Department and the City
Attorney's Office have been diligently working on alleviating the conditions which led to
adoption of the moratorium. These include: (i) drafting updated historic preservation
regulations to better address preservation of these potentially historic resources and (b)
meeting with the Historic Site Preservation Board subcommittee on this topic to seek
input and comment on these regulations. A draft report to this effect is attached hereto
as Attachment 1.
Although Staff has started to take the measures outlined above to address these
issues, they have not yet finished their work in this regard. As such, Staff will present to
the Council at its October 17 meeting a request to extend the moratorium for an
additional period of ten (10) months and fifteen (15) days. Staff anticipates that a draft
ordinance will be ready to present to the Planning Commission and City Council within
this time frame.
ENVIRONMENTAL IMPACT:
This action 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.
City Council Staff Report
October 3, 2018--Page 3
City Council Report on Demolition Moratorium
FISCAL IMPACT:
Not known at this time.
C
INN FAGG
Director of Planning Services
EDWARD Z. KOTKIN
City Attorney
ATTACHMENT:
1. Council Report re: City Measures Taken to Alleviate Moratorium Conditions
ATTACHMENT 1
October 3, 2018
FROM: MAYOR AND CITY COUNCIL MEMBERS OF THE CITY OF PALM SPRINGS
TO: GENERAL PUBLIC
RE: REPORT ON MEASURES TAKEN TO ALLEVIATE THE CONDITIONS
WHICH LED TO THE ADOPTION OF ORDINANCE NO. 1963, AN INTERIM
URGENCY ORDINANCE THAT TEMPORARILY PROHIBITS THE
DEMOLITION OR SUBSTANTIAL ALTERATION OF UNDESIGNATED
STRUCTURES BUILT BEFORE 1969
On September 5, 2018, the Palm Springs City Council adopted Ordinance No. 1963, an
interim urgency ordinance that temporarily prohibits the demolition or substantial
alteration of structures built before 1969 that do not already have an historic
designation. The moratorium was established to allow the City the opportunity to
consider amendments to the Palm Springs Municipal Code to better regulate the
demolition or substantial alteration of undesignated structures built before 1969 in order
to address the unique health, safety and welfare impacts of such activities.
Ordinance No. 1963 was adopted pursuant to California Government Code Section
65858 and provides that the ordinance shall expire 45 days from its date of adoption
(October 20, 2018), unless the ordinance is extended by the Palm Springs City Council
after additional notice and public hearing.
At a noticed public hearing to be held on October 17, 2018, the Palm Springs City
Council will be asked to consider extending the interim moratorium by adopting a new
ordinance, as authorized by Government Code Section 65858. The interim moratorium,
if extended, would automatically expire ten (10) months and fifteen (15) days from the
date of its adoption — September 5, 2019.
Government Code Section 65858(d) requires that at least 10 days prior to the expiration
of the moratorium, the City Council must issue a written report describing the measures
taken to alleviate the conditions which led to the adoption of the ordinance. This is that
required written report.
Since the adoption of the moratorium, the Planning Department and the City Attorney's
Office have been diligently working on alleviating the conditions which led to adoption of
the moratorium. These include: (i) drafting updated historic preservation regulations to
better address preservation of these potentially historic resources and (b) meeting with
the Historic Site Preservation Board subcommittee on this topic to seek input and
comment on these regulations.
Although Staff has started to take the measures outlined above to address these issues,
they have not yet finished their work in this regard. As such, Staff will present to the
Council at its October 17 meeting a request to extend the moratorium for an additional
period of ten (10) months and fifteen (15) days. Staff anticipates that a draft ordinance
will be ready to present to the Planning Commission and City Council within this time
frame.
Respectfully submitted,
Mayor and Palm Springs City Council