Chapter 29.60 — CERTIFICATE OF APPROPRIATENESS PROCESS

• A. A certificate of appropriateness must be issued by the administrator, or by the city council on appeal, before any person, organization, or entity:

  1. Restores, rehabilitates, remodels, alters, constructs, relocates, demolishes, or changes the appearance of any cultural resource listed in the Register; or

  2. Demolishes or relocates any cultural resource that:

     • a. Is fifty years of age or older and not listed in the inventory, or

     • b. Is a visually prominent feature in the community, or

     • c. Was designed by a master architect.

• B. Nothing in this chapter shall prevent ordinary maintenance or repair of any exterior architectural feature of a cultural resource if the proposed work does not involve a change in style, design, materials or external appearance and a permit is not required under the existing building provisions of the California Building Code.

• C. Nothing in this chapter shall prevent the construction, alteration, repair, restoration, stabilization or demolition of a historic structure if the building official has determined the cultural resource creates an unsafe or dangerous condition that constitutes an imminent threat as defined in the California Building Code, and the proposed action is necessary to mitigate the unsafe or dangerous condition. In such event no certificate of appropriateness shall be required. However, the building official shall make all reasonable efforts to determine if there are feasible alternatives to the proposed action that will adequately protect the public health and safety.

• D. The following types of projects shall be reviewed for a certificate of appropriateness by the administrator:

  1. In-kind replacement of historically correct architectural features or building elements, including windows, doors, exterior siding, porches, cornices, balustrades, stairs, and the like, that are deteriorated, damaged beyond restoration, or were previously removed;

  2. Replacement or repair of roof covering material provided that the re-roofing material has a similar appearance to the original roofing material and the existing roofing material is infeasible to repair;

  3. One-story, residential room additions, excluding attached garages, that are no more than twenty-five percent of the size of the existing main residence with limited or no visibility from public rights-of-way;

  4. Fences and walls;

  5. Awnings and signs;

  6. Removal or alteration of landscape features, such as walkways, planter walls,

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.60.010

§ 29.60.020

fountains, and in certain circumstances mature foliage, that contribute to the historic character of the property, but are not designated or listed as a contributing feature to a historic district;

7. Installation or removal of mechanical equipment, including but not limited to heating, air conditioning and ventilation, water heaters, satellite dishes and electrical and plumbing improvements which are not visible from the public right-of-way;

8. Installation of fire protection systems that are not visible from the public right-ofway;

   9. Paving for driveways, walkways and/or patios, and the addition of or alterations to driveway approaches;

   10. Exterior Painting. Surfaces allowed to be painted include only those that were originally intended to be painted unless it is unsafe to the health and welfare of humans;

   11. Exterior lighting;

   12. Demolition or removal of noncontributing or inappropriate features of a cultural resource, including additions, garages and accessory structures;

   13. Demolition of a one-story, detached single-car garage and construction of a new onestory, detached garage that is architecturally compatible with the existing residence and does not exceed the square footage of the original garage by more than two hundred percent;

   14. Any other project determined by the administrator to be minor that does not materially alter significant features of cultural resources or have an adverse affect on the significance of cultural resources or historic districts.

• E. At the discretion of the administrator, projects shall be subject to review and action by the committee.

• F. The requirements of this chapter are in addition to all other applicable city requirements. (Ord. 1168, 2008)

The administrator may refer a certificate of appropriateness application to the committee when he or she believes the importance of the cultural resource or the discrepancies between the proposal and the findings and standards of this chapter justify public review. Any such referral shall be made within ten days of the acceptance of a complete application by the administrator and shall be placed on the next available committee meeting agenda. Time periods shall be extended when necessary to comply with the provisions of the California Environmental Quality Act (CEQA).

• A. Notice and Hearing for Certificate of Appropriateness.

  1. Hearing. 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 thirty days from the date of filing the complete application.

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City of Palm Desert, CA § 29.60.020

PALM DESERT CODE

§ 29.60.060

2. Hearing Notice. 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:

     • i. The project applicant and owner(s) of the subject property, and

     • ii. 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.

3. Compliance with CEQA time periods shall be extended when necessary to comply with the provisions of the California Environmental Quality Act (CEQA).

(Ord. 1168, 2008)

The certificate of appropriateness application shall be made on such forms and accompanied by such data and information as may be required for that purpose by the administrator or committee to assure the fullest practical presentation of the facts for proper consideration of the request. Applications shall include:

• A. Plans and specifications showing the design, materials, colors, landscaping, and other details relating to the proposed project;

• B. The relationship of the proposed project to the surrounding environs, where applicable;

• C. The relationship of proposed new construction in a historic district to the existing scale, massing, architectural style, site and streetscape, landscaping, and/or signage;

• D. Current photographs of the property; and

• E. Any other information determined to be necessary for review of the proposed project. (Ord. 1168, 2008)

Pursuant to this chapter, the committee or administrator may approve, conditionally approval, or deny an application for a certificate of appropriateness. (Ord. 1168, 2008)

The administrator or committee shall review and act on projects affecting landmarks and contributing and noncontributing features within a historic district. (Ord. 1168, 2008)

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.60.060

§ 29.60.080

Registered eligible cultural resources shall be subject to review by the administrator or committee pursuant to this chapter.

(Ord. 1168, 2008)

Applications for demolition or relocation of cultural resources meeting the criteria listed in:

• A. Section 29.60.010(A)(1) must complete the certificate of appropriateness process pursuant to Chapter 29.60. The administrator or the committee may approve, conditionally approve, or deny the application for demolition or relocation. The decision of the administrator or the committee may be appealed to the city council pursuant to the procedures outlined in Section 29.60.130.

• B. Section 29.60.010(A)(2), shall be referred to the administrator for a period not to exceed thirty days, during which the necessary research will be completed to determine whether or not the cultural resource is eligible for designation. This research may be completed by either the administrator. If the cultural resource is determined eligible for designation, the time limit shall be extended to allow for completion of the certificate of appropriateness process. The committee may approve, conditionally approve, or delay the application for demolition or relocation for up to sixty calendar days. The decision of the committee may be appealed to the city council pursuant to the procedures outlined in Section 29.60.130.

• (Ord. 1168, 2008)

The administrator or committee shall apply and consider the following when reviewing a project pursuant to this chapter:

• A. The Secretary of the Interior's Standards for the Treatment of Historic Properties summarized as follows:

  1. The anticipated use for the property remains that for which it was originally intended or requires minimal alteration for the proposed reuse;

  2. The distinguishing original qualities or character of a cultural resource or historic district and its environment shall not be compromised. The removal or alteration of any historic material or distinctive features should be avoided when possible;

  3. All cultural resources shall be recognized as products of their own time. Alterations that have no historical basis and which seek to recreate an earlier appearance shall be discouraged;

  4. Certain alterations which may have taken place in the course of time are potentially significant to understanding the history and development of a cultural resource and its environment. These historic alterations may have acquired significance in their own right and this significance shall be recognized and respected;

  5. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a cultural resource, shall be retained;

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City of Palm Desert, CA

PALM DESERT CODE

§ 29.60.080

§ 29.60.090

6. Deteriorated features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new feature should match the feature being replaced in material, composition, design, color, texture and other visual qualities. Repair and replacement of missing features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different elements from other sources;

7. Surface cleaning shall be undertaken with proven methods as designated by the Secretary of the Interior Standards that shall avoid damage to the historic materials;

8. Contemporary design for alterations and additions shall not be discouraged when such alterations and additions do not compromise significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the cultural resource and its environs;

9. Whenever possible, new additions or alterations to the cultural resource shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the resource would be unimpaired;

10. Archaeological resources will be protected and preserved in place. If such resources will be disturbed, mitigation measures shall be undertaken;

11. Any other Secretary of the Interior's Standards for the Treatment of Historic Properties may also be applied as appropriate.

• B. Applicable design guidelines.

• C. The goals and policies of this chapter; and

• D. The goals and policies of the general plan and any applicable specific or community plan, rules and regulations in the city of Palm Desert.

• (Ord. 1168, 2008)

In determining whether to grant or deny a certificate of appropriateness the administrator or committee shall apply the following standards as applicable:

• A. The proposed project is compatible with the Secretary of the Interior's Standards for the Treatment of Historic Properties;

• B. The proposed project is consistent or compatible with the architectural style and the character-defining elements of the cultural resource;

• C. The proposed project does not destroy or adversely affect an important architectural, historical, cultural or archaeological feature or features;

• D. The colors, textures, materials, fenestration, decorative features, details, height, scale, massing and methods of construction proposed are consistent with the period and style of the cultural resource;

• E. The proposed project is compatible with adjacent or nearby cultural resources and their character-defining elements and will not adversely affect the character of a historic district;

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.60.090

§ 29.60.130

• F. The proposed project is not fully consistent with the Secretary of the Interior's Standards, but is consistent with and supportive of identified goals and policies of the general plan or applicable community or specific plan(s) and the project is generally consistent with and supportive of the goals and policies of this chapter; and

• G. Other standards as adopted by the committee or city council. (Ord. 1168, 2008)

The application shall be considered by the administrator or committee within thirty calendar days for certificates of appropriateness. Such time period shall be calculated from the date on which a complete application is accepted by the administrator. However, such time periods shall be extended when required to comply with the provisions of the California Environmental Quality Act (CEQA). When required, a public hearing shall be scheduled and notice provided per this chapter and CEQA, when applicable.

(Ord. 1168, 2008)

In conjunction with any public hearing or discretionary action required pursuant to this chapter, the administrator, committee, and/or city council shall require an environmental review of the requested action in accordance with the California Environmental Quality Act (CEQA). Depending on the nature and scope of the requested action, a negative declaration, mitigated negative declaration, or environmental impact report may need to be prepared. Such environmental documents shall be prepared based on CEQA, the state CEQA guidelines, and the city of Palm Desert local CEQA guidelines. (Ord. 1168, 2008)

The provisions of this chapter shall also apply to projects affecting city-owned cultural resources listed in the Register. When acting on city projects the city council or other city-decision making body, entity or person shall apply the same standards, and make the same findings required by this chapter for private projects.

(Ord. 1168, 2008)

• A. Finality of Administrator or Committee Decision. Any decision or order of the administrator or committee under this chapter shall become final if no appeal is submitted within the applicable time limits in this chapter.

• B. Appeal of Administrator Actions. Any person aggrieved or affected by a decision of the administrator may appeal to the committee at any time within fifteen calendar days after the date on which the administrator announces his or her decision. An appeal shall be taken by filing a letter of appeal with the committee secretary and paying an appeal fee as established by the city council. Such letter of appeal shall set forth the grounds upon which the appeal is based.

Notice of the hearing before the committee shall be given in the same manner and time as

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City of Palm Desert, CA § 29.60.130

PALM DESERT CODE

§ 29.60.160

is required in Section 29.60.020 and written notice shall be given to the appellant(s).

• C. Appeal of Committee Actions. Any person aggrieved or affected by a decision of the committee including any decision on appeal of a decision of the administrator, may appeal to the city council at any time within fifteen calendar days after the date the committee announces its decision. An appeal shall be taken by filing a letter of appeal with the committee secretary and paying an appeal fee as established by the city council. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within ten days after the receipt of the letter of appeal, the committee secretary shall transmit to the city clerk the letter of appeal, copies of the application and all other papers constituting the record upon which the action of the city council was taken. Notice of the hearing before the city council shall be given in the manner specified in Section 29.60.020 and written notice shall be given to the appellant(s).

• D. Actions by the City Council. The city council may affirm, reverse or modify the decision of the administrator or committee. Such action by the city council shall be final.

• (Ord. 1168, 2008)

• A. No city permit shall be issued for any purpose regulated by this chapter unless and until the proposed work has been approved or granted conditional approval by the administrator, committee or by the city council on appeal, and then shall be issued only in conformity with such approval or conditional approval.

• B. No permit to demolish a cultural resource shall be issued without the issuance of a building permit for a replacement structure or project for the subject property, unless the administrator or committee determines otherwise or the demolition permit is issued pursuant to Section 29.60.010(C).

• (Ord. 1168, 2008)

A certificate of appropriateness shall lapse and become void twelve months (or other period if specified as a condition of approval) from the date of final approval, unless a building permit (if required) has been issued and the work authorized by the Certificate has commenced prior to such expiration date and is diligently pursued to completion. Upon request by the property owner, a certificate of appropriateness may be extended by the administrator for an additional period of up to twenty-four months as long as the approved plans have not been modified. The administrator may approve, conditionally approve, or deny any request for a time extension or may refer the request to the committee, which may approve, conditionally approve, or deny any request for a time extension.

(Ord. 1168, 2008)

Every person in possession or control and every owner of a cultural resource and any appurtenant premises shall maintain and keep in good repair, as defined in Chapter 29.20, the exterior of such designated resources, and all of the interior portions thereof when subject to control as specified in the designating resolution, and all interior portions thereof whose maintenance is necessary to prevent deterioration or decay of any exterior architectural feature. This section shall be enforced

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.60.170

§ 29.60.160

by the administrator or his designee to the full extent permissible by law. (Ord. 1168, 2008)

Pursuant to the State of California Health and Safety Code the building official shall apply the State Historical Building Code in permitting repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, moving, or continued use of a designated cultural resource.

(Ord. 1168, 2008)

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City of Palm Desert, CA

CULTURAL RESOURCES

§ 29.70.010

§ 29.70.030