La Quinta Municipal Code Ch. 7.08 Permits and Permit Procedures

A. It is unlawful for any person to tear down, demolish, construct, alter, remove or relocate any improvement or any portion thereof which has been designated a historic landmark pursuant to the provisions of this chapter, or which lies within a historic district, or to alter in any manner any feature of such a designated landmark, landmark site or improvement within a historic district without first obtaining a permit in the manner provided in this chapter.

B. No board, department or commission shall grant any permit to carry out such work on a designated landmark, landmark site or within a historic district, unless a permit has previously been issued by the city council as provided in this chapter. No application for a building permit, demolition permit, grading permit, redevelopment permit, conditional use permit, variance, development plan, zone change, tentative parcel or subdivision maps, or any other permit which would allow the addition of a designated landmark, landmark site or any improvement in a historical district, shall be deemed complete unless a permit has previously been issued pursuant to this chapter.

C. No permit shall be necessary for ordinary maintenance and repair if the proposed work will not alter or change the style, color, design, features or character of the landmark site or improvement and a permit is not required under Section 301(b) of the Uniform Building Code, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such improvement when the building and safety department certifies to the council that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the State Historical Building Code.

(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

A. An application for a permit to do work in a historic district or on a designated landmark shall be submitted to the planning and development department on forms provided by the planning and development director. This application must include the plans and specifications for the proposed work. Within thirty (30) days of the receipt of the complete application the commission shall review the application and shall make a written report to the city council. The city council shall hold a public hearing on the application within thirty (30) days of receipt of the commission's report. Notice of the public hearing shall be given as provided in Section 9.164.040 of this code.

B. At the conclusion of the public hearing on the permit application, the city council shall, by resolution, issue or deny, in whole or in part, any permit application.

(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

The city council shall issue a permit for the proposed work if, and only if, it determines:

A. In the case of a designated historical site, that the proposed work would not detrimentally alter, destroy or adversely affect any architectural or landscape improvement;

B. If the owner of a designated historical site or landmark demonstrates to the city council that such property cannot be economically used and denial of a permit would deprive the owner of all or most of his or her economic interest in the property, the council may issue the permit with an effective date one hundred eighty (180) days from the date of issuance of the permit to allow time for the investigation of alternatives to the work proposed in the permit application, such as acquisition of site or improvement by the city or a public interest group;

C. In the case of construction of a new improvement, upon a historic site, that the exterior of such improvement will not adversely affect and will be compatible with the external appearance of existing historically designated improvements in said site;

D. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the city council that such disapproval will impose immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work, whether this be property owner, tenant or resident, or because of conditions peculiar to the particular improvement, or other feature involved, and that approval of the application will be consistent with the purposes of this chapter.

(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

The owner, occupant or other person legally responsible for a landmark or historic district shall keep in good repair all portions of such landmark, district or historic site when subject to control as specified in the designating ordinance or permit and all interior portions and appurtenances thereof whose maintenance is necessary to prevent deterioration and decay of the historic resource. It shall be the duty of the building and safety director or designee to enforce this section.

(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

All repairs, alterations, reconstructions, restorations or changes in use of existing improvements shall conform to the requirements of the state historical building code.

(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)