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Home My WebLink About2/19/2014 - STAFF REPORTS - 2.E. O�QALM Sp4 .y G1 V N City Council Staff Report Y Cq�iFORN�P. DATE: February 19, 2014 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1844 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 8.05.125, TO CHANGE FROM PRE-1945 TO PRE-1969, THE AGE OF BUILDINGS ELIGIBLE FOR UP TO A SIX MONTH STAY OF DEMOLITION FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1844. RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1844, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES." STAFF ANALYSIS: On February 5, 2014, Ordinance No. 1844 was introduced for first reading, as noted below: 3.A. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 8.05.125, TO CHANGE FROM PRE-1945 TO PRE- 1969, THE AGE OF BUILDINGS ELIGIBLE FOR UP TO A SIX MONTH STAY OF DEMOLITION: ACTION: Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1844, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES." Motion Councilmember Foat, seconded by Mayor Pro Tern Hutcheson and carried 4-1 on a roll call vote. Item No. 2 e E . ADOPTION OF ORDINANCE NO. 1844 February 19, 2014 Page 2 of 2 AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Mills. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. es Thompson David H. Ready h.D. ity Clerk City Manager /kdh Attachment: Ordinance No. 1844 02 ORDINANCE NO. 1844 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES City Attorney's Summary Under the current provisions of the Palm Springs Municipal Code, Class 3 historic structures include all structures/sites constructed prior to 1945. This Ordinance will include all structures/sites constructed prior to 1969 as Class 3 historic structures. This Ordinance also defines the term "demolition." The City Council of the City of Palm Springs, California, ordains: Section 1. Subsection (c) is added to Section 8.05.020 of the Palm Springs Municipal Code to read: (c) Demolition. The term "demolition" means the total tearing down or destruction of the building envelope as described in the State Energy Code, as may be amended from time to time. Section 2. Section 8.05.125 of the Palm Springs Municipal Code is amended to read: Section 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 categorizing nominated sites and districts into one of the following classifications and such other categories as may be designated by resolution: Class 1. Structure/site qualified for city designation; may be qualified at the federal, state and/or county level. Archival file will be maintained. Structure/site may not be modified nor objects removed without the approval of the city council; usage may be limited by the City Council to the extent that it may impair the integrity of the site. Site will be plaqued. (Intended for use when the structure or site still exists as it did during the historical period or is restorable). Class 2. Site qualified for city designation; may be qualified at the federal, state and/or county level. Archival file will be maintained. Site is eligible for plaquing. (Intended for use when the site is not occupied by a modern structure or use which is different than that of the historical period or if structure is unusable, nonconforming, unrestorable, or i� 3 Ordinance No. February 5, 2014 Case 5.1311 TA- PSMC 8.05.125, Class 3 historic structures Page 2 of 2 the like). Class 3. Structure/site was constructed before 1969, or a year to be determined by the City Council, or construction date cannot be confirmed. Eligible for a six-month stay of demolition. Action of the HSPB may include recommendation to reclassify. All structures built prior to the subject date would be automatically so classified. Historic District. Qualified for city designation; may be qualified at the federal, state and/or county level. Archival file will be maintained and shall contain a map delineating contributing and noncontributing structures or sites. Contributing structures/sites shall be subject to Class 1 regulations until such time that they may be reclassified. Noncontributing structures/sites shall be subject to review by the HSPB before demolition or construction. A specific plan, containing special regulations pertaining to the subject area, may be adopted for each district. Section 3: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED this day of 2014. STEPHEN P. POLIGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 0 4 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs,CA 92262 760-778-4578/Fax 760-778-4731 State Of California as: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000407319 1 am over the age of 18 years old, a citizen of the United Stales and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun 2/28/2014 No 0310 ORDINANCE NO.1844 AN ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA AMENDING SECTION 8.05.125 6F,AND ADDIAd SUBSECTION c Tp$ SECTION UNC IIq�PAL CODE �MLAT THE TO CLASS 3 HISTORIC STRUCTIIREMrFES I acknowledge that I am a principal clerk of the printer of C�Arswnav'a 9rmutu The Desert Sun, printed and published weekly in the City tMdx ouma#9*W CoatsarTary onaW�lm Springs of Palm Springs, County of Riverside, State of California. 89 shtwu 3 Pyor to 1945 This The Desert Sun was adjudicated a newspaper of general C`g^°n0 wB &WAr0a eB sfnxlureym" cnn- 19 saucrea'prlor to 1999 es Class 3 hlatwk so,,,. circulation on March 24, 1988 by the Superior Court of the t.Tals Orotnaasa also delnas me ream Carr. Countyof Riverside, State of California Case No. oftn. CERTIFICATION 191236. STATE OF CALIFORNIA CITY COUNTY OF RIVERSIDE I declare under penalty of perjury that the foregoing is true P�AMES THOMPSON, City clerk of the city of Springs,California,do hereby cedlly that of and correct. Executed on this 28th day of February, 2014 dinarwe No.1Ba4 is a full,true and coned Dopy- ' and was inkaduped ate regular mee6rl of Me Palm Springs City Council on Fabmary 1 2014. in Palm Springs rfornia. and adopted at a regular meeting d the city Coyrlcil held on February 19,2014,oy the follo.. -- Ing vote: AYES: Councanembers Foat, Lewin, Mayor C- Pro Tam Hutcheson,and Mayor Pcugnet. NOES: Councilmember Mills. ABSENT: None. ABSTAIN: None. D Iaf80t nature JA CES TPaPSON,CITY CLERK Spings,Cal4ornld 11 Published:22a/14 1 V CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: February 19, 2014 Subject: Ordinance No. 1844 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on February 28, 2014. 1 ldeclare under penalty of perjury that the foregoing is true and correct. 1L Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on February 27, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk ORDINANCE NO. 1844 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES CityAttorney's Summary Under the current provisions of the Palm Springs Municipal Code, Class 3 historic structures include all structures/sites constructed prior to 1945. This Ordinance will include all structures/sites constructed prior to 1969 as Class 3 historic structures. This Ordinance also defines the term "demolition." CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1844 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on February 5, 2014, and adopted at a regular meeting of the City Council held on February 19, 2014, by the following vote: AYES: Councilmembers Foat, Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Mills. ABSENT: None. ABSTAIN: None. Aity ES THOMPSON, CITY CLERK of Palm Springs, California ORDINANCE NO. 1844 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES City Attorney's Summary Under the current provisions of the Palm Springs Municipal Code, Class 3 historic structures include all structures/sites constructed prior to 1945. This Ordinance will include all structures/sites constructed prior to 1969 as Class 3 historic structures. This Ordinance also defines the term "demolition." The City Council of the City of Palm Springs, California, ordains: SECTION 1. Subsection (c) is added to Section 8.05.020 of the Palm Springs Municipal Code to read: (c) Demolition. The term "demolition" means the total tearing down or destruction of the building envelope as described in the State Energy Code, as may be amended from time to time. SECTION 2. Section 8.05.125 of the Palm Springs Municipal Code is amended to read: Section 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 categorizing nominated sites and districts into one of the following classifications and such other categories as may be designated by resolution: Class 1. Structure/site qualified for city designation; may be qualified at the federal, state and/or county level. Archival file will be maintained. Structure/site may not be modified nor objects removed without the approval of the city council; usage may be limited by the City Council to the extent that it may impair the integrity of the site. Site will be plaqued. (Intended for use when the structure or site still exists as it did during the historical period or is restorable). Class 2. Site qualified for city designation; may be qualified at the federal, state and/or county level. Archival file will be maintained. Site is eligible for plaquing. (Intended for use when the site is not occupied by a modern structure or use which is different than Ordinance No. February 5, 2014 Case 5.1311 TA- PSMC 8.05.125, Class 3 historic structures Page 2 of 2 that of the historical period or if structure is unusable, nonconforming, unrestorable, or the like). Class 3. Structure/site was constructed before 1969, or a year to be determined by the City Council, or construction date cannot be confirmed. Eligible for a six-month stay of demolition. Action of the HSPB may include recommendation to reclassify. All structures built prior to the subject date would be automatically so classified. Historic District. Qualified for city designation; may be qualified at the federal, state and/or county level. Archival file will be maintained and shall contain a map delineating contributing and noncontributing structures or sites. Contributing structures/sites shall be subject to Class 1 regulations until such time that they may be reclassified. Noncontributing structures/sites shall be subject to review by the HSPB before demolition or construction. A specific plan, containing special regulations pertaining to the subject area, may be adopted for each district. SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED this day of 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK