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HomeMy WebLinkAbout9/5/2018 - STAFF REPORTS - 3.B.CITY COUNCIL STAFF REPORT DATE: September 4 , 2018 SUBJECT: 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. FROM : DAVID READY , CITY MANAGER BY : FLINN FAGG , DIRECTOR OF PLANNING SUMMARY The City Council will consider an interim urgency ordinance placing a 45-day moratorium , effective immediately, on demolition and substantial alteration of Class 3 historic structures built before 1969, to allow the City to study General Plan or Municipal Code amendments. The moratorium requires a four-fifths vote of the City Council to pass. RECOMMENDATION : Waive the reading of the text in its entirety, read by title only, and adopt Ordinance No. , "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 ." STAFF ANALYSIS : Palm Springs Municipal Code (PSMC) Chapter 8.05 establishes protections for historic structures and districts, recognizing the importance of architectural preservation 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 , mMNO -,.\3. , __ _ 2 City Council Staff Report September 4, 2018 --Page 2 Moratorium on Demolition/ Substantial Alteration of Potentially Historic Structures 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 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. Pursuant to Government Code, section 65858, this Interim Urgency Ordinance places a moratorium on demolition or substantial alteration of any structures built before 1969. If adopted, this moratorium will pause such demolition or 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. For purposes of this moratorium, "demolition or substantial alteration" is defined as any of the following: 1. 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; 2. The enclosure and/or alteration (i.e., new window and/or window relocation) of (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 (ii) more than 50 percent 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; 3. The removal of 50 percent or more of the cumulative area of the building footprint. 3 City Council Staff Report September 4, 2018 --Page 3 Moratorium on Demolition/ Substantial Alteration of Potentially Historic Structures "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. Also, for purposes of this moratorium, "structure built before 1969" (or Class 3 historic structure) is defined as follows: "Structure Built Before 1969" means that 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. During the moratorium, demolition or substantial alteration of any structure built before 1969 (Class 3 historic structure) is prohibited and no permits may be issued. However, there are exceptions that would all the following to move forward: 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; and 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. The moratorium requires a four-fifths vote of the City Council to pass. The moratorium will take effect immediately and remain in effect 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. During the 45 days of the moratorium, the Planning Department will study potential amendments to the General Plan, any specific plan, the Palm Springs Municipal Code, and/or any other governing City planning document(s) or policy(ies) related the demolition or substantial alteration of structures built before 1969 with existing historic designations. The results of that study will be reflected in a statutorily required report issued on behalf of the City Council no less than 10 days prior to the expiration of the term of this interim urgency ordinance (on or before October 10, 2018) If this moratorium is extended, a similar report will be issued 10 days prior to the expiration of an extension. ENVIRONMENTAL: Staff recommends that the City Council find 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 4 City Council Staff Report September 4 , 2018 --Page 4 Moratorium on Demolition/ Substantial Alteration of Potentially Historic Structures project. The ordinance temporarily ensures that the status quo is maintained. FISCAL IMPACT: No anticipated fiscal impacts . FliNN FAGG • Director of Planning City Manager EDWARD Z. KOTKIN City Attorney Attachments: Proposed Moratorium Ordinance 5 ORDINANCE NO. __ 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. Citv 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 preservation 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 ITEM NO. __ 6 structure, which does not require a formal designation process. While the code requires that the complete demolition of a Class 3 structure be 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 -2- 7 b. The enclosure and/or alteration (i.e., new window and/or window relocation) of: 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 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 -3- 8 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. 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 for 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. -4- 9 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. PASSED AND ADOPTED THIS __ DAY OF------' 2018. AYES: NOES: ABSENT: ABSTAIN: Robert Moon, Mayor ATTEST: Anthony J. Mejia, City Clerk APPROVED AS TO FORM: Edward Z. Kotkin, City Attorney -5-