Chapter 29.40 — LANDMARKS

A cultural resource may be designated as a landmark by the city council if, with written consent of property owner, after completion of a certified survey and upon the recommendation of the committee, it is determined that it retains integrity as defined in Chapter 29.20 and at a local, state, regional, or national level:

• A. Is associated with an event or events that have made a significant contribution to broad patterns of history; or

• B. Is associated with the lives of persons significant in the past; or

• C. Embodies distinctive characteristics, or is one of the few remaining examples of a style, type, period or method of construction or possesses high artistic value; or

• D. Represents the work of a master builder, designer or architect; or

• E. Is an archaeological, paleontological, botanical, geological, topographical, ecological, or geographical resource that has yielded or has the potential to yield important information in history or prehistory; or

• F. Reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation.

• (Ord. 1168, 2008)

Based on a certified survey and using the criteria listed in Section 29.40.010, the administrator or committee, with the property owner's consent, may at any time request to place a cultural resource that has been determined eligible for designation as a landmark on the Register. Register-eligible cultural resources shall be subject to all applicable requirements of this title and the property owner shall be so notified by mail. A cultural resource determined eligible for designation as a landmark that does not receive written consent from the property owner to be placed on the Register, shall be placed on the Inventory only and shall not be subject to the requirements of this title. All cultural resources listed in the register, as well as those determined eligible for designation and listed in the Inventory are subject to the requirements of CEQA. (Ord. 1168, 2008)

The designation of a landmark may be initiated by any person, organization or entity, but may only be acted upon with written consent of the property owner. If property owner consent is not obtained, the application shall be deemed incomplete and will not be processed. Application shall be made upon such forms and accompanied by such data and information as may be required for that purpose by the committee to assure the fullest practical presentation of the facts for proper consideration of the request. The survey certification and landmark designation processes may be completed concurrently. (Ord. 1168, 2008)

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City of Palm Desert, CA § 29.40.040

PALM DESERT CODE

§ 29.40.090

Upon the filing of a complete application, the matter shall be set for public hearing before the committee. The date of such hearing shall be not more than sixty days from the date of filing of the complete application. Time periods shall be extended when necessary to comply with the provisions of the California Environmental Quality Act (CEQA). (Ord. 1168, 2008)

To provide the necessary information to assure committee action consistent with the intent and purpose of this title, an investigation of the facts bearing on a landmark application set for hearing shall be made by the administrator.

(Ord. 1168, 2008)

At least ten days prior to the hearing before the committee notice of the date, time, place and purpose of the hearing shall be given by:

• A. Publishing at least one notice in a newspaper with general circulation in the city; and

• B. Mailing the same or similar notice to:

  1. The applicant and owner(s) of the subject property, and

  2. Property owners within a three-hundred-foot radius of the subject property.

The last known name and address of each owner may be used for this notification. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the nonreceipt of any notice mailed pursuant to this section shall not invalidate any proceedings in connection with the proposed designation.

(Ord. 1168, 2008)

A public hearing shall be conducted before the committee at the time and place indicated in the required notices. The committee may continue such hearing to a specific time and place when such action is deemed necessary or desirable but no longer than sixty days from the original hearing date or to such time that is approved by the applicant. (Ord. 1168, 2008)

The committee may recommend to the city council approval or denial of the designation of a landmark based on the criteria set forth in Section 29.40.010 of this chapter and the facts presented in connection with the application. The city council shall review the matter at a public hearing. If the city council approves the committee's recommendation for designation, it shall find that the purpose of this title is maintained by such designation. The provisions of this title regulating landmarks shall be effective from the date of the initial recommendation by the committee on the landmark application and shall become final only after city council's action. (Ord. 1168, 2008)

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.40.090

§ 29.40.130

A landmark shall be designated by a resolution passed by the city council, which provides facts and findings based on the criteria for designation as set forth in this chapter. (Ord. 1168, 2008)

The Inventory and the Register shall be updated by the administrator to include the property as a designated landmark. Whenever any project to be carried out by the city may have an impact on a designated landmark, reasonable notice shall be given to the committee by the city department(s) or division(s) responsible for the project, so that the committee may review and make recommendations concerning the project early in the decision making process in accordance with the provisions of this title. Such review and recommendation shall be accomplished within thirty days of such notice. (Ord. 1168, 2008)

The property owner(s) shall receive a copy of the resolution establishing the landmark designation and a letter explaining the designation and stating that the landmark is now subject to all applicable requirements of this title. The city clerk shall record all designating resolutions in the office of the Riverside County Recorder. A covenant and agreement shall be recorded with the Riverside County Recorder that states that the property is a designated landmark and is subject to all applicable provisions of this title.

(Ord. 1168, 2008)

The city shall designate a plaque to the property owner(s) that describes the significance of the designated landmark. A covenant and agreement shall be signed by the city and the property owner to ensure that the plaque will be prominently displayed in perpetuity at the site of the landmark or returned to the administrator if the landmark designation is repealed. This document shall be recorded in the office of the Riverside County Recorder. (Ord. 1168, 2008)

The repeal of a determination of eligibility or designation may be initiated by any person, organization or entity. If the cultural resource no longer meets the designation criteria, or the property owner requests the designation be removed, the city council shall consider a repeal of a previously approved determination of eligibility or landmark designation in the same manner provided by this chapter for the determination or designation. If the determination of eligibility or the landmark designation is repealed, the Inventory and the Register shall be updated accordingly and the landmark plaque shall be returned to the administrator. As a condition of removal, the city council may require repayment of any preservation benefits awarded the owner of the resource under Chapter 29.70.

(Ord. 1168, 2008)

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.50.010

§ 29.50.030