8.05 — HISTORIC PRESERVATION

This chapter is adopted pursuant to the authority of Government Code Section 37361 for the purpose of preserving areas and specific buildings in 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 historic resources for the education and welfare of the citizens.

(Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020)

For the purposes of this chapter, the following terms have the meanings ascribed to them:

"Allotted trust land" shall mean any real property located on the Reservation owned by any member of the Tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States or any real property located on the Reservation owned by a member of any other federally recognized Indian Tribe that is held in trust by the United States.

"Alteration" means any exterior change or modification to a building, structure or object. For the purposes of this chapter, an "alteration" shall include, but not be limited to, exterior changes to or modification of architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, new buildings or structures, a structural addition, cutting or removal of trees and other natural features, disturbance of archaeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, planting and landscape accessories affecting the exterior visual qualities of the historic resource. The term "alteration" shall not include the reconstruction or replacement of any feature of a historic resource with a suitable substitute on a "like for like" basis, as determined by the Director.

"Building" means a construction that is completely roofed and which is built and maintained to shelter any form of human activity, such as a house.

"Character-defining features" means the distinguishing architectural and aesthetic characteristics of a historic resource, or those generally found throughout a historic district, which fulfill the criteria for historic designation.

"Landmark/Class 1 historic resource" means any site, structure, building or object not located on Tribal Trust or Allotted Trust Land designated by resolution of the City Council as having historic, architectural, archaeological, cultural or aesthetic significance that contributes to an understanding and awareness of the community's history. A Class 1 historic resource may include a structure, building or object on the site, or may include all or a portion of the site itself. Class 1 historic resources are eligible for the execution of a Mills Act historic property preservation agreement, as determined by the City Council.

Downloaded from https://ecode360.com/PA4982 on 2026-07-07

City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.05.020

§ 8.05.020

"Historic Merit/Class 2 historic resource" means a site, structure, building or object not located on Tribal Trust or Allotted Trust Land that does not qualify for Class 1 historic resource designation under this chapter, but is otherwise deserving of official recognition as having historic, architectural, archaeological, cultural or aesthetic significance and is designated as a Class 2 historic resource by resolution of the City Council. A Class 2 historic resource may lack some aspects of historic integrity, or may include a site where the structure, building or object of historic significance has been lost, damaged or removed. Class 2 sites on which the historic resource still exists are eligible for the execution of a Mills Act historic property preservation agreement, as determined by the City Council.

"Potentially Eligible/Class 3 building" means any building which is not a Class 1 or Class 2 historic resource, but is identified in a City historic resources survey as eligible for designation as a historic resource. A building may be a Class 3 building regardless of the construction date or the improvements thereon. Class 3 sites are not eligible for the execution of a Mills Act historic property preservation agreement.

"Class 4 building" means any building which is not a Class 1 or Class 2 historic resource or a Class 3 building, and on which the building or improvements thereon were constructed before January 1, 1978, or whose age cannot be determined. The City Council shall review this date and update it as it deems appropriate through amendment to this chapter.

"Contributing resource" means a site, structure, building or object within a historic district which individually meets the criteria for historic designation, or contributes generally to the overall distinctive character of a historic district and is united historically or visually by plan or physical development. Contributing resources within historic districts are eligible for the execution of a Mills Act historic property preservation agreement, as determined by the City Council.

"Demolition" means the total (100%) tearing down or destruction of a building, structure, or object.

"Department" means the department of planning services, unless otherwise specified herein.

"Director" means the director of the department of planning services, or their designee, unless otherwise specified herein.

"Historic district" means any delineated geographic area of the city of Palm Springs excluding Tribal Trust or Allotted Trust Land, containing a number of buildings, structures, natural features or sites having historic, architectural, archaeological, cultural or aesthetic significance and designated by the City Council as a historic district under the provisions of this chapter.

"Historic resource" means any site, structure, building or object not located on Tribal Trust or Allotted Trust Land which has been designated Class 1 or Class 2 status, or any identified contributing resource within a City Council-designated historic district.

"Standard maintenance" is as defined in Municipal Code Section 11.72.170 "Property Maintenance".

"Major alteration" means any alteration that does the following:

• A. Removes, encloses or modifies (i.e., new window and/or window relocation) (i) 25% or more of the lineal footage of the elevation(s) of the building, structure or object (including site and garden walls) facing a public street or right-of-way (or a street-facing elevation if the parcel is a through lot or landlocked), or (ii) more than 50% of the lineal footage of all exterior elevation(s) of the building or structure, so that they no longer function as exterior elevation(s) of the building or structure.

Downloaded from https://ecode360.com/PA4982 on 2026-07-07

City of Palm Springs, CA § 8.05.020

PALM SPRINGS CODE

§ 8.05.020

• B. Removes 50% or more of the cumulative area of the building, structure or object's footprint.

• C. The Director shall have the authority to render determinations as to whether this definition applies to a particular project.

Minor alteration" means any alteration that is not demolition or a major alteration.

"Non-contributing resource" means a site, structure, building or object within a historic district which does not individually meet the criteria for historic designation, or does not contribute generally to the overall distinctive character of a historic district.

"Object" means a construction primarily artistic in nature or relatively small in scale, such as a sign or a statue.

"Period of significance" means a discrete chronological period demarcated by year for which a historic resource is associated. The period of significance is the time period that a historic resource reflects.

"Potentially significant or eligible" means a site on which a building, structure or object has been identified that may possess historic significance but for which definitive research to make a determination of historic significance has not yet been conducted.

"Reservation fee land" means real property located on the Reservation owned by members of the Tribe or non-members, which is not held in trust by the United States or subject to a restriction against alienation imposed by the United States.

"Reservation" means the Agua Caliente Indian Reservation and includes all lands within the exterior boundaries of the Reservation as established by Presidential Executive Order, federal patent or deed, and any other lands beyond the exterior boundaries of the Reservation held in trust by the United States for the Tribe or its members.

"Site" means a location with a defined geographic boundary, and any natural or constructed features thereon.

"Structure" means a construction made for purposes other than sheltering human activity, such as a bridge, wall, or tower.

"Tribal trust land" means any real property located on the Reservation owned by the Tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States.

"Tribe" means the Agua Caliente Band of Cahuilla Indians, a federally-recognized Indian tribe. (Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020; Ord. 2031 § 10, 2020; Ord. 2088, 11/9/2023)

Downloaded from https://ecode360.com/PA4982 on 2026-07-07

City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.05.030

§ 8.05.050