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HomeMy WebLinkAbout2/11/2009 - STAFF REPORTS - 1.B. AK a Y_�' Frnlol-e anal Lniuv Gu? Heruaye (t COMMUNITIES PROGRAM: 2008 COMMUNITY APPLICATION BACKGROUND Preserve America is an Administration initiative developed in cooperation with the Advisory Council on Historic Preservation(ACHP)and the U.S. Departments of the Interior,Agriculture,and other agencies. It highlights the efforts of the President and Mrs. Bush to preserve our national heritage. It has several components, one of which is the designation of Preserve America Communities. Preserve America Community designation will be granted to eligible communities that meet three general criteria: • The community has recently supported a historic or cultural preservation project that has promoted and/or is promoting heritage tourism or otherwise fostering economic vitality, and involved a public-private partnership between government entities and at least one civic association,non-profit,and/or business enterprise. • The governing body of the community has adopted a resolution indicating its commitment to the preservation of its heritage assets. • The community meets at least five criteria specified in three broad categories: discovering heritage through historic places, protecting historic resources,and promoting historic assets. ELIGIBLE CONEAUNITIES Communities eligible to apply for designation as a Preserve America Community may be located in any U-S. state or territory, including the District of Columbia, and include: (1)Municipalities of any size with a mayor, city council or board chair, or equivalent chief elected governing official; (2)Counties with a county executive, board or commission chair, or equivalent chief elected governing official; (3)Clearly defined,populated, unincorporated communities that lack an elected governing official and that are located within a comity,or territory,provided the application for designation is submitted by the appropriate county or territorial government. All of the above may use this application form, which is available in .pdf or Word formats at www.preserveamerica.gov/communities-form.pdf or www.proserveai-acrica.gov/communities- form.doc- [Note: There are two other kinds of Preserve America Community application forms. One is for use by federally recognized Indian tribes or Alaska Native Village corporations with a tribal chairman, and v;ZE 4_R�a �:S i'[2.1 .� lOzi III R1T'rs �:(',:;�2:,1.'+r:qC f f.1F:R l'!',"1 ,1,rrf I! s o\ /A for subdivisions of such tribes that are represented by elected officials within the greater tribal government—districts, villages, chapters, and other equivalent communities. For details, see www_preserveamerica.govltribal-communities form.pdf or www.preserveamerica.gov/tribal- communities form.doe. The other is far clearly defined neighborhoods within large cities or consolidated city-counties (cities with a population of 200,000 or higher). For details, see www.preserveamerica.gov/neighborhoods form.pdforwww.preserveamerica.govMeighborhoods- form.docj APPLIICATION PROCESS Copies of the application forms, sample resolution language, a list of deadlines, and links to information on previously designated communities can be found at www.PreserveArnerica.gov/communities.html. Requests for information or forms can also be made by calling Judy Rodenstein at the ACHP at(202)606-8584, or by e-mailing her atjrodcnstein@achp.gov. Applications are received and reviewed by ACHP staff for completeness. Complete applications are shared with the National Park Service(NPS),and sometimes other agencies,for their independent review. Communities with incomplete or unclear applications will be contacted by ACHP staff for additional information or clarification. When an application is judged complete by the ACHP and the NPS,the name of the community is added to a list pending the next announcement of designated communities.Announcement of designated Preserve America Communities will take place several times a year and may be made by official letter or at a public event. Attached to your application,please provide the name and title of the head of your local convention and visitors bureau and of your state tourism office, as well as both mailing addresses.If your community is designated as a Preserve America Community,the ACHP will formally notify them of your designation. HELPFUL HINTS FOR PREPARING SUCCESSFUL APPLICATIONS Communities should follow some simple guidelines in preparing their applications for Preserve America Community designation to ensure that their applications are complete and can be processed in a timely manner(item numbers refer to sections of the application form): Item I:Be sure to consult with your State Historic Preservation Officer while developing your application. Items 3& 7:The application must be signed and submitted by the chief elected governing official of the jurisdiction. In most cases,this will mean a mayor, county executive,or chair of a Board of Supervisors. If someone else is designated to do this,there should be a clear authorization for th is delegation included in the submission package. ]tem 4A:The project you select to feature needs to be one that has been supported by the community within the last three years and is complete and/or already having a positive economic impact.Make sure the project description includes information on the public and private partners involved and their roles, and clearly documents how the specific project is promoting heritage tourism or economic vitality in the community. Any data you can share on the economic or other impacts of the project is desirable. Please note that a history of the community,a list of projects supported over the years,or information about planned projects that are still prospective do not meet this criterion.However, such information is welcome as supplementary material. Item 4B: Resolutions of the local government should be recent and specific to the Preserve America initiative,or should be comprehensive and current enough(within the last five years) to show the community's present commitment to the preservation of its heritage assets and the goals of the program. Make sure the resolution is signed and dated,and that the governing body that has adopted it is clearly identified. Model resolution language is available at www,PreserveAmerica,gov/communities.html. Item 4C:Communities should carefully read through the additional criteria for designation and ensure that they adequately document how they meet at least five of the criteria, including at least one from each of the three categories(discovering heritage through historic places, protecting historic resources, and promoting historic assets). If there is any question about how well the community meets one of the five selected criteria, then the community should provide information on more than five. Communities should feel free to contact ACHP staff if they have a question about how they fulfill and document specific criteria. Item 4C(I): An "ongoing,publicly available inventory of historic properties"means the product of a survey that identifies, describes,and evaluates the condition of historic properties in the community_ Be sure to include information on when this was done, any subsequent updates, as well as how and where the public can access the results of this research. Item 4C(5): The"local governmental body, such as a board or commission,charged with leading historic preservation activities within the community"should be specifically authorized or established by the local government to cant'out its duties.Non-profit or quasi-governmental organisations with ex-officio membership of a governmental representative do not meet this requirement unless they have a recognized role under governmental charter or ordinance. Item 4C(I0): "A historic preservation awards or recognition program"means a program through which the community seeking designation gives awards. It does not mean that the community has received awards for its preservation efforts. Item 4D. Communities are asked to submit three to five color images that illustrate their community's character and show people using and enjoying local historic resources. Digital images on a CD with a minimum resolution of 300 dots per inch(dpi)are preferred; 4"x 6"or larger photographs are acceptable. Photocopies are not acceptable.Please provide captions and credits for these images and identify the community on the CD or on the back of the photos. The images may be used on the Preserve America Web site or for other publicity purposes, which will increase the visibility of the community_ Item S: Additional materials are strongly encouraged, since applications will certainly be enhanced with a showing of community interest and involvement through letters of endorsement and illustrative materials. However, they are not required. Items 6&7:Make sure to read the release authorization,and sign and date the application. Since applications arc reviewed by at least two reviewers,remember to submit an original and one copy set. City of Palm Springs Historic Districts Frequently Asked Questions What are historic districts? Historic districts are areas or neighborhoods in which historic buildings or residences, and their surrounding characteristics or settings, are identified by historical association or architectural quality as significant to the city's heritage and cultural fabric. (PSMC 8.05.020) What are some of the benefits of historic districts? Historic districts enhance the richness and personality of a city by preserving the past and providing continuity into the future. They encourage neighborhood pride and preserve and increase property values by ensuring architectural standards are maintained or restored. Many studies show property values in protected historic districts tend to be higher than comparable neighborhoods without such standards. How do areas or neighborhoods become historic districts? Typically, a member of the City Council or the City's Historic Site Preservation Board, a non-profit historic organization, a neighborhood organization or an individual citizen proposes an area to the City's Historic Site Preservation Board (RSPB) for consideration. (PSMC 8.05.125) The HSPB commissions the requisite resources survey to determine whether the area or neighborhood meets the City's historic district criteria. Architecturally significant buildings or residences are categorized as contributing or non-contributing structures/sites and property owners' input is solicited during this process. The HSPB reviews the results of the completed survey, discusses whether or not the area or neighborhood meets historic district criteria and allows the public to comment. (PSMC 8.05.135) The HSPB may then recommend the creation of the historic district to the City Council. The City Council also holds a public hearing before voting on whether or not to create the historic district. (PSMG 8,05,140) How are owner's views taken into account? Strong community support is important to any successful planning process. This is especially true in the historic district process which involves every property owner. Owner input is sought from the beginning of the process. Owners are kept informed through mail and community meetings. Since there is rarely universal agreement on land use issues, if a homeowner does not want to be part of the historic district, they can ask to be excluded; however, the HSPB can recommend participation based on the established boundaries of the historic district. r Historic Districts FAQ Page 1 of 2 October2008/Revised 11/17/08 If my area or neighborhood is designated how will my property be affected? Exterior changes involving alterations or additions require a Certificate of Approval from the HSPB. The HSPB considers the U.S. Secretary of the Interior's Standards for the Treatment of Historic Buildings. These standards are used throughout the country to ensure alternations and additions to historic properties are consistent and appropriate. (PSMC 8.05.180) What is the downside? Owners making changes to their property have an extra review step before a city permit can be issued. Scheduling the HSPI3 review may require between one and three months. (PSMC 8.05.185) Are all properties in the historic district affected in the same way? Even though a building might not have historic characteristics, exterior changes could adversely impact the historic street and neighborhood setting or ambiance. Consequently, the review process applies to all properties within historic district boundaries. (PSMC 8.05.210) (PSZC 94.04.00(D). Are there any tax advantages to the property owners? The Mills Act Historic Property contract provides a property tax reduction program for historic district buildings or residences with historic and contributing characteristics. Property owners should explore this option with their tax advisor. Will I incur costs to upgrade my property? All physical conditions which existed legally at the time the district was designated are "grandfathered in." Owners are not required to do anything pro- actively to conform to the historic district regulations. The design guidelines apply when an owner requests a physical change to their property. Need more information? Please call the City of Palm Springs Department of Planning Services at (760) 323-8245 or log on to the city website at www.paimsprings-ca.gov. Historic Districts FAQ Page 2 of 2 October 20081Revised 11/17/08 Chapter 8.05 HISTORIC PRESERVATION Page I of 6 Palm Springs Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 8 BUILQINGS AND CONSTRUCTION. Chapter 8.05 HISTORIC PRESERVATION Article I 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. (b) Historic District. Any area of the city of Palm Springs containing a number of structures, natural features or sites having historic, architectural,archaeological, cultural or aesthetic significance and designated as an historic district under the provisions of this chapter. (Ord. 1320 § 1, 1988;Ord. 1140 § I (part), 1981) Article II Historic Site Preservation Board B.OS.DiO Creation of historic site preseryation board. There is created an historic site preservation board. The board consists of seven members who shall be appointed by the city council. The council shall seek nominations from the historical society board of directors, but are not required to accept such nominations. (Ord. 1140 § 1 (part), 1981) 8.05.040 Qualification of members. To be eligible for appointment to the board, an individual must have demonstrated knowledge and interest in the cultural, socioeconomic, architectural or archaeological history of the area, either through experience, training, education or occupation. (Ord. 1320 § 2, 1988: Ord. 1140 § I (part), 1981) 8.05.050 Term—Vacancies. Members of the board shall be appointed or removed in accordance with and shall be subject to all the provisions of Chapter 2.06 of the Palm Springs Municipal Code, as the chapter now reads, or as it may thereafter be amended from time to http://www.gcode,us/codes/palmsprings/view.php?topic=8-8_05&showAl1=1&frames=on 2/11/2009 Chapter 8.05 HISTORIC PRESERVATION Page 2 of 6 time. (Ord. 1512 § 3, 1995: Ord. 1140 § 1 (part), 1981) 8.05.070 Vacancy caused 6y absence from meetings. r If a member of the board is absent without cause from three successive regular meetings of the board,the office becomes vacant automatically. The board shall immediately notify the city council of the vacancy. (Ord. 1140 § 1 (part), 1981) 8.05.080 Time and place of regular meetings. ____v� The board shall fix the time and place of its regular meetings in accordance with state law; provided,however,that such meetings shall be not less than once in each three months. (Ord. 1140 § 1 (part), 1981) 8.05.090 Appointment of officers. m. ____-__ 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 (part), 1981) 8.05.100 Adoption of rules—Quorum. _ The board shall adopt rules for the transaction of its business. Pour 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 § I (part), 1981) 8.05.12b 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. (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) g Hi Article III Procedure_or Designation o Historic Sites, r Historic Districts o 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 I. 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 the like). htip://wwtw.gcode.us/codes/palmsprings/view.php'.topic=8-8_05&showAll=l&ffames=on 2/11/2009 Chapter 8.05 IIISTORIC PRESERVATION Page 3 of 6 Class J. Structurelsite was constructed before 1945,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. (Ord. 1320 § 5, 1988: Ord. 1140 § 1 (part), 1981) 8.05,135Investigation The historic site preservation board shall conduct or cause to be conducted such preliminary surveys, studies or investigations as it deems necessary to adequately inform the historic site preservation board and city council prior to the public hearing,and shall make available to any interested person the results of any such survey,study or investigation. (Ord. 1140 § 1 (part), 1981) 8.05.140 Notice of public hearing. w (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 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) g the city council. 8.05.145 Findin sand recommendation to .. Following such public hearing,the historic site preservation board shall make findings upon which it 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. __.__.-_w-_wn_-r_ 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_ ....... At the public hearing the city council shall receive all evidence and hear all interested persons, and the matter shall then be submitted to the city council for decision. (Ord. 1140 § I (part) 1981) 8.05.160 Findings and decisions-Resolution. If the city council shall find that the purposes of this chapter are furthered by designation of property as an historic site or district, such findings shall be stated in a resolution designating such property within such historic site or district. From and after the adoption of such resolution, all property within such historic site or district shall be subject to the rules and regulations governing the demolition, preservation, rehabilitation or alteration of historic sites. (Ord 1 140 § I (part), 1981) littp://www.gcode.us/codes/palmspTings/view.pbp?topic=8-8_05&showAll=l&frames=on 2/11/2009 Chapter 8.05 HISTORIC PRESERVATION Page 4 of 6 8.05.165 Markers for desi nag ted historic sites. (a) Upon designation of an historic site by the city council,the historic site preservation board may determine which historic sites shall be marked with uniform and distinctive markers. The markers shall be of a design approved by the planning commission- (b) As a courtesy, notice may be given to the Riverside County historical commission and the California Department of Parks and Recreation(Office of Historic Preservation)regarding the proposed location of markers prior to installation to permit recommendations by those agencies. (Ord. 1140 § 1 (part), 1981) 8.05„166 Initiation of proceedinq.5-National Register. _ (a) The historic site preservation board may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the National Register by motion, and shall then hold at least one public hearing prior to making a recommendation to the city council. (b) The city council may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the National Register by motion, and shall then refer to the matter to the historic site preservation board for public hearing and recommendation. (c) Upon final action by the city council recommending a property for nomination to the National Register,the recommendation will be forwarded by appropriate application to the state of California Department of Parks and Recreation. (Ord. 1320 § 7, 1988) Article IV Rules and Regulations for Historic Sites and Historic Districts 8.05.170 Stay of demolition. 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. 1 140 § I (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 § I (part), 1981) 8.05J80 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 hermit 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 I historic site or an historic district shall file an application upon a form prescribed by the city. The application shall include all http://www.gcode.us/codes/palmsprings/view.php?topic=8-8_05&showAll=1&frames=on 2/11/2009 Chapter 8.05 HISTORIC PRESERVATION Page 5 of 6 necessary information required by the rules of the historic site preservation board. When the application is filed, it shall be referred to the historic site preservation board for review at its next meeting. (Ord. 1320 § 9, 1988: Ord. 1140 § 1 (part), 1981) 8.05.190 Factors tobe considered up9n application. In reviewing and acting upon each application,the historic site preservation board shall consider: (1) The historic value and significance, or the architectural value and significance or both,of the structure and its relation to the historic value of the surrounding area; (2) The relationship of the exterior architectural features of any structure to the rest of the structure itself and to the surrounding area; (3) The general compatibility of exterior design, arrangement,texture and material which is proposed by the applicant; (4) Archaeological or ecological significance of the area. (Ord. 1140 § 1 (part), 1981) 8.05.195 Board action restricted to exterior features—Exception. The historic site preservation board shall consider and pass upon only the exterior features of a structure and may not consider the interior arrangement of the structure, except in the case of public buildings. The board may not disapprove applications except in regard to the considerations set forth in this chapter and in rules and regulations adopted by the board pursuant to this chapter. It is the purpose and intent of this chapter that the board be strict in its judgment of plans for structures considered to have historic or architectural value according to its judgment after detailed studies of the historic and architectural history of the city. It is also the purpose of this chapter and the intent of the city council that the board be lenient in its judgment of plans for structures which have little or no historic value or plans for new construction except for plans which seriously impair the historic or architectural value of stir-rounding structures or the archaeological or ecological value of surrounding area. In adopting this chapter the city council does not intend to limit new construction, alteration, or repairs to any particular period or architectural style. (Ord. 1140 § 1 (part), 1981) 8.05.200 Procedure upon application. (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) $805mm.19 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 inhabitants of the city. http://www.gcode.us/codes/palmsprings/view.php?topic-8-8_05&showA11=1&frames=on 2/11/2009 Chapter 8.05 HISTORIC PRESERVATION Page 6 of 6 (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. No application for the same or similar work may be filed within one year after the board has rejected it. (Ord. 1140 § 1 (part), 1981) 8.05.220 Exceetions. ._._._� The regulations contained in this chapter do no apply to routine maintenance or repair to restore a structure as near as possible to its original condition after decay, injury, dilapidation or partial destruction of a structure within an historic district or upon an historic site, provided said maintenance or repair does not exceed one thousand five hundred dollars in value. (Ord. 1320 § 12, 1988: Ord. 1140 § 1 (part), 1981) .05.225 Preexisting building permits. This chapter does not apply to construction, alteration, moving or demolition of a structure started under a building permit issued before the effective date of this chapter. (Ord. 1140 § 1 (part), 1981) Any person aggrieved by an action of the historic site preservation board may appeal the decision to the city council in the manner provided by Chapter 2.05 of this code. (Ord. 1226 § 14, 1984: Ord. 1140 § 1 (part), 1981) &05.235 Penalty for violation. Any person who violates a provision of this chapter is guilty of an infraction and shall be punished upon first conviction by a fine not exceeding five hundred dollars for such offense. Any person who violates a provision of this chapter within five years of a prior conviction on the same grounds under this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the city jail or in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 1140 § 1 (part), 1981) 8.05.240 Injunctive relief. The board may seek relief from the appropriate court to restrain or enjoin any violation of this chapter and of the orders and decisions of the board, or to compel the reconstruction of any building, structure or object which is destroyed in violation of this chapter or the orders and decisions of the board. (Ord. 1140 § 1 (part), 1981) 8.05.245 Compliance with other Iaws. ^rnµ wu 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) http://,www,gcode.us/codes/palinsprings/view.php?topic=8-8_05&showAll=l&frames=on 2/11/2009