Chapter 29.50 — HISTORIC DISTRICTS

A historic district, either geographic or thematic, as defined in Chapter 29.20 with the written consent of the property owner may be designated as such by the city council upon the recommendation of the committee if, after completion of a survey, it is determined that the district represents a significant and distinguishable entity that at the local, state, regional, or national level:

• A. Exemplifies or reflects special elements of cultural, social, economic, political, aesthetic, engineering, architectural, or natural history; or

• B. Is identified with persons or events significant in history; or

• C. Embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

• D. Represents the work of master builders, designers, or architects; or

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

• F. Conveys a sense of historic and architectural cohesiveness through its design, setting, materials, workmanship or associations; or

• G. 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 pre-history.

• (Ord. 1168, 2008)

The request for designation of any historic district may be initiated by any person, organization or entity. 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 process outlined in Section 29.50.030, shall be completed prior to formal initiation of the designation process. The written consent of the property owner must be obtained prior to any action by the committee. If such consent is not obtained, the application will be deemed incomplete and will not be processed. (Ord. 1168, 2008)

Any person, organization, or entity may request that a geographic area or thematic grouping of cultural resources be evaluated for designation as a historic district. However, prior to initiation of the formal designation process, a survey as defined in Chapter 29.20 must be completed and certified and the following efforts to encourage public participation must be undertaken.

• A. Upon completion of a survey:

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.50.030

§ 29.50.050

1. A subcommittee of the committee shall be established to review the survey findings and work with staff and the public during the designation process; and

2. A notice shall be mailed to all property owners and residents within the preliminary district boundaries:

   • a. Advising that the city is considering designating a historic district,

   • b. Briefly explaining the designation process and stating that properties within a designated district will be subject to all applicable regulations within this title, and

   • c. Inviting the public to a workshop at a specific date, time, and location.

• B. The committee's subcommittee along with the administrator shall present at least one public workshop, which shall include the following:

  1. An explanation of the designation process;

  2. A description of the benefits to and obligations of residents and owners of property within the proposed district;

  3. An explanation of any regulations, especially maintenance and design guidelines, to be adopted in conjunction with the designation; and

  4. A request for volunteers to participate on a citizen's advisory committee that will assist with issues such as district boundaries, design guidelines, and district signage.

• C. The committee's subcommittee and staff shall meet with the citizen's advisory committee at least once to receive their input regarding the aforementioned issues and any others that may be appropriate for discussion. Notice shall be given as set forth in Section 29.50.060.

• D. Prior to initiating the formal designation process, the committee's subcommittee and staff may hold another public workshop. All residents and owners of property within the proposed district boundaries shall be notified by regular mail of each workshop at least ten days prior to said workshop.

• E. When these procedures have been completed, the survey certification and historic district designation processes shall be initiated. These processes may be completed concurrently.

• (Ord. 1168, 2008)

The matter shall be set for public hearing before the committee at a date not more than sixty days from the filing of a complete application and the completion of the process outlined in Section 29.50.030. 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 historic district application set for hearing shall be made by the administrator.

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City of Palm Desert, CA § 29.50.050

PALM DESERT CODE

§ 29.50.110

• (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. By mailing the same or similar notice to the applicant(s), owners, and residents of all the properties being considered for inclusion in a historic district and to all 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 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. (Ord. 1168, 2008)

The city council upon the recommendation of the committee may recommend the approval or denial of the historic district designation in whole or in part based on the criteria set forth in Section 29.50.010 of this chapter and the facts presented in connection with the application. The city council shall review the matter at a public hearing. The provisions of this title regulating historic districts shall be effective from the date of the initial recommendation on the historic district application and shall become final only after city council action. (Ord. 1168, 2008)

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

Concurrent with the application for district designation or upon adoption of the historic district resolution by the city council, the planning department may initiate a rezoning case to apply the HD-historic district overlay zone to the properties within the district. This process shall follow the requirements outlined in Title 25 of the city of Palm Desert Municipal Code. (Ord. 1168, 2008)

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.50.110

§ 29.50.120

The administrator will update the Inventory and the Register to include the district and all contributing cultural resources and noncontributing features to the district. The city's zoning map may be updated to show the HD-historic district overlay zone on all properties within the district. Whenever a project is to be carried out by the city in a designated historic district, a description of the proposed project shall be given to the administrator by the city department or division responsible for the project so that the administrator and/or committee may review and make recommendations on the project early in the decision making process in accordance with the provisions of this title.

(Ord. 1168, 2008)

The repeal or modification of a historic district designation may be initiated by any person, organization or entity. The city council with the recommendation of the committee may consider amendments to or the repeal of a historic district that has been designated in the same manner provided by this chapter for the designation, with the exception of Section 29.50.030.

• A. The designation may be repealed if the majority of cultural resources no longer meets the designation criteria.

• B. The district may be amended to:

  1. Include additional cultural resources that meet the designation criteria and have been determined to contribute to the district and, when appropriate, the district boundaries may be amended to reflect this; or

  2. Eliminate individual cultural resources within the district that no longer meet the designation criteria due to alterations or other conditions resulting in a loss of integrity. Those resources may be determined not to contribute to the district and, when appropriate, the district boundaries may be amended to reflect this.

In the event that the designation is repealed or the district is amended, the inventory, register, and zoning map shall be updated accordingly. In addition, the planning department shall initiate a rezoning case to remove the HD-historic district overlay zoning from any properties that are removed from a historic district.

• (Ord. 1168, 2008)

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.60.010

§ 29.60.010