Article IV

Rules and Regulations for Development of Historic Resources and within Historic Districts

• A. Certificate of Appropriateness Required. Prior to the demolition or alteration of any Class 1 or Class 2 historic resource, or of a contributing resource within a designated historic district (collectively "historic resource"), the applicant shall obtain a Certificate of Appropriateness for such demolition or alteration. A Certificate of Appropriateness shall be required prior to the issuance of any building, zoning or other development permit which is required for such demolition or alteration. Approval of a Certificate of Appropriateness indicates conformance with the historic preservation provisions of this chapter only, and does not constitute or imply project approval by any City department or other approval authority having jurisdiction with respect to other development permits.

• B. Exceptions. No Certificate of Appropriateness shall be required for the following activities, as determined by the HPO:

  1. Standard maintenance or repair work to a historic resource;

  2. Modifications to the interior of a historic resource, except as otherwise required under this chapter for public buildings;

  3. The repainting of a historic resource, where such repainting work will not impact the character-defining features of the historic resource and is generally the same color as presently exists or as existed historically;

  4. Alterations to signage, where the proposed alteration is consistent with a sign program for the site which has been previously approved under a Certificate of Appropriateness;

  5. The demolition or alteration of a historic resource's or contributing resource's features that has been ordered by final court ruling, administrative order, or similar decision to abate a public nuisance or otherwise correct a violation of Federal, State or local law occurring in or on the site.

• C. Approval Authority. The HPO or HSPB may issue a Certificate of Appropriateness as follows:

  1. Demolition or Major Alteration. A Certificate of Appropriateness must be issued by the HSPB as the approval authority for demolition or major alteration to a historic resource.

  2. Minor Alteration. A Certificate of Appropriateness may be issued by the HPO for minor alteration to a historic resource. Any minor alteration which, in the judgment of the HPO, may (i) significantly impact the character-defining features of a historic resource or contributing resource; or (ii) impact the integrity of a historic resource or contributing resource; or (iii) materially impair the historic resource or contributing resource, may be referred to the HSPB for review and action.

• D. Application for Demolition or Alteration of Class 1 and Class 2 Historic Resources.

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.05.110

§ 8.05.110

1. Application. The application for a Certificate of Appropriateness may be made upon application by the owner of the historic or contributing resource or the owner's authorized representative upon such forms as may be established by the Department for that purpose, and shall be accompanied by such fees as may be established by the City Council. Applications shall be signed by the owner(s) of record of the historic or contributing resource for which the Certificate of Appropriateness is sought.

2. Documentation. An application for a Certificate of Appropriateness shall be accompanied by the following items, which detail the proposed alteration:

   • a. Photographs of each exterior side of the historic or contributing resource to be demolished or altered;

   • b. Drawings for conceptual review of any alteration;

   • c. Material samples and/or manufacturer's brochures which show and describe the materials to be used in the alteration;

   • d. A site plan showing the location of the proposed demolition or alteration;

   • e. If signage is part of the proposed demolition or alteration, drawings showing the specifications for the signage and demonstrating conformance to the City's sign ordinance or approved sign program; and

   • f. Any other information which the HPO deems necessary to accurately describe the scope of the demolition or alteration proposed.

3. Procedure for Evaluating Demolition or Alteration to Class 1 and Class 2 Historic Resources.

   • a. HPO Analysis. Upon receipt of a completed application, the HPO shall review the proposed demolition or alteration for conformance to the criteria established in subsection (E) of this Section.

   • b. HPO Approval. For minor alteration applications, the HPO shall act as the approval authority. The HPO shall issue a determination on the Certificate of Appropriateness upon completion of a review of the application, and shall provide the applicant with notice of such determination.

   • c. HSPB Meeting and Approval. An application for demolition or major alteration shall be reviewed at a public meeting of the HSPB. The HPO shall prepare a report and recommendation for review by the HSPB, providing an analysis as to whether or not the proposed demolition or alteration meets the criteria established in subsection (E) below. The HSPB shall consider the HPO's report, along with any evidence or testimony offered at the public meeting and shall evaluate the application and make findings with reference to the criteria set forth in subsection (E) below. The HSPB may approve the application as proposed; approve the application with modifications; or deny the application. A document reflecting the HSPB's action for approval, modified approval or denial shall be recorded in the archival file for the site, along with its findings relative to the criteria in subsection (E) below, and any applicable conditions imposed. The HPO shall provide the applicant with notice of the action taken, along with the findings made and any conditions or modification imposed by the HSPB.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 8.05.110

§ 8.05.120

• E. Criteria and Findings for Alteration of Class 1 and Class 2 Historic Resources. In considering a Certificate of Appropriateness application, the approval authority shall evaluate the application and make findings for conformance to the following criteria:

  1. That the proposed alteration does not significantly impact or materially impair the character-defining features of the historic resource as listed in the resolution for historic designation, or, where a characterdefining feature may be impacted, the proposed alteration minimizes that impact as much as possible;

  2. That the proposed alteration will assist in restoring the historic resource to its original appearance where applicable, or will substantially aid its preservation or enhancement as a historic resource;

  3. That any additions to the historic resource are consistent with the massing, proportions, materials, and finishes of the existing historic resource, and: (i) can be distinguished from the existing historic resource as may be appropriate; or (ii) are indistinguishable from the historic resource as may be appropriate, and where such alterations are clearly documented in the City's archival file for the historic resource as being non-original to the historic resource;

  4. That, in cases where Federal funds are to be utilized in financing the proposed alterations, the alterations are consistent with the Standards for the Treatment of Historic Properties, as put forth by the U.S. Secretary of the Interior.

• F. Appeal. An applicant may appeal the decision of the HPO or the HSPB on a Certificate of Appropriateness pursuant to the procedures listed in Section 8.05.170.

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

• A. Certificate of Appropriateness Required. A Certificate of Appropriateness shall be required for the following activities within a historic district:

  1. Demolition or alteration of a contributing resource within the historic district;

  2. New construction on an undeveloped site within a historic district;

  3. Demolition or major alteration of a non-contributing resource within the historic district;

  4. Any major or minor alteration that may materially impair contributing resources within the district, as determined by the HPO.

A Certificate of Appropriateness shall be required prior to the issuance of any building, zoning or other development permit which is required for such work. Approval of a Certificate of Appropriateness indicates conformance with the provisions of this chapter only, and does not constitute or imply project approval by any City department or other approval authority having jurisdiction with respect to other development permits.

• B. Exceptions. No Certificate of Appropriateness shall be required for the following activities, as determined by the HPO:

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.05.120

§ 8.05.120

1. Minor alteration of a non-contributing resource, where such alteration does not materially impair contributing resources within the district, as determined by the HPO;

2. Standard maintenance or repair work to a contributing or non-contributing resource;

3. The replacement or reconstruction of any exterior feature of a contributing resource with a suitable substitute on a "like for like" basis, as determined by the HPO

4. Modifications to the interior of a contributing or non-contributing resource, except as otherwise required under this Section for public buildings;

5. The repainting of a contributing resource, where such repainting work will not impact the characterdefining features of the historic district, and is consistent with any design guidelines that have been adopted for the historic district or is consistent with the color as existed historically;

6. Any demolition, alteration or replacement of features which has been ordered by final court ruling, administrative order, or similar decision to abate a public nuisance or otherwise correct a violation of Federal, State or local law occurring in or on the site.

• C. Approval Authority. The HPO or the HSPB may issue a Certificate of Appropriateness as follows:

  1. Demolition or Major Alteration of Contributing Resources. A Certificate of Appropriateness may be issued by the HSPB as the approval authority for demolition or major alteration of any contributing resource within a district subject to this section.

2. Minor Alteration of Contributing Resources. A Certificate of Appropriateness may be issued by the HPO for minor alteration to a contributing resource. Any minor alteration which, in the judgment of the HPO, may (i) significantly impact the character-defining features of a contributing resource; or (ii) impact the integrity of a contributing resource; or (iii) materially impair the historic district, may be referred to the HSPB for review and action.

   3. Demolition or Major Alteration of Non-Contributing Resources. A Certificate of Appropriateness may be issued for demolition or major alteration of a noncontributing resource pursuant to Section 8.05.130 of this chapter.

   4. New Construction on an Undeveloped Site within a Historic District. A Certificate of Appropriateness may be issued by the HPO for new construction on an undeveloped site within a historic district. Any new construction which, in the judgment of the HPO, may (i) significantly impact the character-defining features of a contributing resource; or (ii) impact the integrity of a contributing resource; or (iii) materially impair the historic district, may be referred to the HSPB for review and action. New construction within a historic district shall be consistent with the design guidelines for that district.

• D. Application and Procedure for Demolition, Alteration or New Construction within a Historic District.

  1. Application. The application for a Certificate of Appropriateness may be made upon

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City of Palm Springs, CA § 8.05.120

PALM SPRINGS CODE

§ 8.05.120

application by the owner(s) of the site where the contributing or non-contributing resource is located or the owner's representative upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. Applications shall be signed by all current owner(s) of record.

2. Documentation. An application for a Certificate of Appropriateness shall be accompanied by the following items, which detail the proposed demolition, alteration or construction work:

   • a. A brief description of the proposed demolition, alteration or new construction;

   • b. Photographs of each exterior side of the structure or building to be demolished, altered or constructed;

   • c. Drawings for conceptual review of any demolition, alteration or new construction work;

   • d. Material samples and/or manufacturer's brochures which show and describe the materials to be used in the alteration or new construction;

   • e. A site plan showing the location of the proposed demolition, alteration or new construction work;

   • f. If signage is part of the proposed alteration work, drawings showing the specifications for the signage and demonstrating conformance to the City's sign ordinance or approved sign program; and

   • g. Any other information which the HPO deems necessary to accurately describe the scope of alteration or new construction work proposed.

3. Procedure for Evaluating Demolition, Alteration or New Construction within a Historic District.

• a. HPO Analysis. Upon receipt of a completed application, the HPO shall review the proposed work for conformance to the criteria established in subsection (E) of this Section.

  • b. HPO Approval. For those applications within the HPO's approval authority as set forth in subsection (C) above, the HPO shall make a determination on the Certificate of Appropriateness upon completion of a review of the application, and shall provide the applicant with notice of such determination.

  • c. HSPB Meeting and Approval. An application for demolition or major alteration of a contributing resource shall be reviewed at a public meeting of the HSPB. The HPO shall prepare a report and recommendation for review by the HSPB, providing an analysis as to whether or not the proposed demolition or alteration meets the criteria established in subsection (E) below. The HSPB shall consider the HPO's report, along with any evidence or testimony offered at the public meeting and shall evaluate the application and make findings with reference to the criteria set forth in subsection (E) below. The HSPB may approve the application as proposed; approve the application with modifications; or deny the application. A document reflecting the HSPB's action for approval, modified

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.05.120

§ 8.05.130

approval or denial shall be recorded in the archival file for the site, along with its findings relative to the criteria in subsection (E) below, and any applicable conditions imposed. The HPO shall provide the applicant with notice of the action taken, along with the findings made and any conditions or modifications imposed by the HSPB.

• E. Criteria and Findings for Demolition, Alteration or New Construction within a Historic District. In considering a Certificate of Appropriateness application, the approval authority shall evaluate the application and make findings for conformance to the following criteria:

  1. That the proposed demolition or alteration of a contributing resource does not significantly impact the character-defining features of the contributing resource or the historic district, as listed in the resolution for historic designation, or where a character-defining feature may be impacted, the proposed demolition or alteration minimizes that impact as much as possible;

  2. That the proposed alteration to a contributing resource will assist in restoring it to its original appearance where applicable, or will substantially aid its preservation or enhancement as a historic resource;

  3. That the proposed demolition or alteration of a non-contributing resource is consistent with the design guidelines for the historic district and will not materially impair the preservation or enhancement of character-defining features of a contributing resource or the historic district;

4. That any additions to a contributing resource are consistent with the massing, proportions, materials, and finishes of the existing contributing resource, and: (i) can be distinguished from the existing contributing resource as may be appropriate; or (ii) are indistinguishable from the contributing resource as may be appropriate, and where such alterations are clearly documented in the City's archival file for the contributing resource as being non-original to the resource;

   5. That the proposed alteration or new construction is consistent with any design guidelines adopted for the historic district;

   6. That, in cases where Federal funds are to be utilized in financing the proposed alteration or new construction, the alteration or new construction is consistent with the Standards for the Treatment of Historic Properties, as put forth by the U.S. Secretary of the Interior.

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

• A. Permit Required. Prior to demolition or alteration of any Class 3 or Class 4 building, the applicant shall file a permit application with the City, which shall be reviewed in accordance with the procedures identified herein.

• B. Exceptions. HSPB or HPO review of a demolition or alteration permit application shall not be required where the demolition or alteration has been ordered by final court ruling, administrative order, or similar decision to abate a public nuisance or otherwise correct a violation of Federal, State or local law occurring in or on the site.

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City of Palm Springs, CA § 8.05.130

PALM SPRINGS CODE

§ 8.05.130

• C. Application and Procedure for Demolition or Alteration of Class 3 and Class 4 Buildings.

  1. Reviewing Authority. The HPO or HSPB shall review an application for demolition or alteration of a Class 3 or Class 4 building as follows:

     • a. HSPB Review. The HSPB shall review a permit application for:

       • (i) Demolition or major alteration of any Class 3 building; or

       • (ii) Demolition of any Class 4 building.

     • b. HPO Review. The HPO shall review a permit application for:

       • (i) Minor alteration of any Class 3 building; or

       • (ii) Major or minor alteration of any Class 4 building. A major alteration application may be referred to the HSPB at the discretion of the HPO

  2. Application. A request for demolition or alteration of a Class 3 or Class 4 building may be made by the owner or the owner's authorized representative upon such forms as may be established by the Department and shall be accompanied by such fees as may be established by the City Council. Applications shall be signed by the owner(s) of record of the building for which the permit is sought.

  3. Documentation. An application for demolition or alteration of a Class 3 or Class 4 building shall be accompanied by the following items, as may be deemed necessary by the HPO, which detail the proposed demolition or alteration work:

     • a. Photographs of each exterior side of the building to be demolished or altered;

     • b. Drawings that detail the floor plan and elevations of the building to be demolished or altered, and showing the extent of the demolition or alteration work;

     • c. Historical data for the building to be demolished or altered, including building permit history, identification of the architect or designer, identification of the builder/contractor, and former owners of the property;

     • d. An analysis of the historical integrity of the building, identifying any additions, previous demolition or alteration work, modifications to the exterior materials or architectural details, or any other modifications to the original building;

     • e. A written description of any items, materials or objects to be salvaged, reused, or recycled;

     • f. Schematic plans and elevations of any new construction that is proposed to replace the demolished or altered building, or portion thereof to be demolished or altered; and

• g. A statement of justification for demolition or alteration of all or a portion of the building.

  4. Procedure for Reviewing Applications for Demolition or Alteration of Class 3 and Class 4 Buildings.

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.05.130

§ 8.05.130

• a. No Issuance of Permit Pending Review. The City may not issue a permit for demolition or alteration of a Class 3 or Class 4 building which is subject to this section unless and until the application has been reviewed as described herein. Any permit issued prior to HSPB or HPO review shall be void and of no effect.

• b. Demolition Permit Issuance Contingent upon Entitlement and Permits for Replacement Building. The City shall not issue a demolition permit for a Class 3 or Class 4 building which is subject to this section unless and until an entitlement for a replacement building or structure on the site has been granted by the City, and building permits for such entitlement have been issued. However, the City may issue a demolition permit without entitlements or building permits for a replacement building or structure if:

  • (i) said demolition has been ordered by final court ruling, administrative order, or similar decision to abate a public nuisance or otherwise correct a violation of Federal, State or local law occurring in or on the site; or

  • (ii) the Historic Site Preservation Board, based upon all facts and circumstances of the application, determines that it is in the public interest for the City to issue the demolition permit without a replacement building or structure.

• c. Analysis of Application.

  • (i) Upon receipt of a completed application for demolition or alteration of Class 3 or 4 buildings, the HPO shall process the application in accordance with the procedures herein. Where HPO review is required, the HPO shall also review the application as provided in subparagraph (d) below to determine whether the building proposed for demolition or alteration should be considered for redesignation as a Class 1 or Class 2 historic resource; however, no public meeting shall be required.

  • (ii) Cases that involve demolition or alteration of Class 3 or Class 4 buildings within the boundaries of the Reservation, the HPO shall also forward a copy of the application to the Tribe's Historic Preservation Officer. The application shall be processed pursuant to Section 8.05.210 of this Chapter.

  • (iii) Where HSPB review of a permit application is required, the HPO shall prepare a report and recommendation, providing an analysis as to whether the building proposed for demolition or alteration should be considered for redesignation as a Class 1 or Class 2 historic resource. Upon completion of the report, the HPO shall schedule the application for review on the next available public meeting of the HSPB.

HSPB review of a permit application is required, the HPO shall prepare a report and recommendation, providing an analysis as to whether the building proposed for demolition or alteration should be considered for redesignation as a Class 1 or Class 2 historic resource. Upon completion of the report, the HPO shall schedule the application for review on the next available public meeting of the HSPB.

• d. HPO/HSPB Review. The HPO or HSPB, as applicable, shall review the application and any supporting documentation, including the HPO's report concerning the application, and any evidence or testimony offered at the HSPB meeting. Review by the HSPB need not be a public hearing. The HPO or HSPB, as applicable, shall evaluate the application and make findings with reference to the applicable criteria set forth in subsection (D) below. After completing the review, the HPO or HSPB shall either:

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City of Palm Springs, CA § 8.05.130

PALM SPRINGS CODE

§ 8.05.140

  - (i) Direct and authorize the processing of an application to consider whether the building qualifies for designation as a Class 1 or Class 2 historic resource. Re-designation to a Class 1 or Class 2 historic resource shall be in accordance with the requirements and criteria listed in Article III of this chapter. If the HPO or HSPB takes this action, the permit for demolition or alteration shall be automatically stayed for a period of up to 120 days to allow time for processing the redesignation application. The HPO or HSPB, whichever is applicable, may extend the stay of the permit for one additional 60 day period pending a decision; or 

  - (ii) Take no further action and refer the permit application to the Director for further administrative processing. The Director shall thereafter approve the application for submittal to the Building Department for the appropriate demolition or building permits. 

  - (iii) If the HPO/HSPB does not render a decision by the end of the stay, as it may be extended, the HPO/HSPB shall be deemed to have taken no action and to have referred the permit application to the Director for further processing, as set forth in subparagraph (C)(4)(d)(ii) above. 

• D. Criteria and Findings for Potential Re-Designation of a Class 3 or 4 Building. If the HPO/ HSPB makes the following findings with respect to a Class 3 or Class 4 building, the HPO/ HSPB shall direct the processing of a redesignation application as set forth in subparagraph (C)(4)(d)(i) above:

  1. That the Class 3 or Class 4 building possesses exceptional historic, architectural, archaeological, cultural or aesthetic significance to warrant redesignation as a Class 1 or Class 2 historic resource in accordance with the criteria set forth in Section 8.05.070 above; and

  2. That the Class 3 or Class 4 building retains sufficient historical integrity relative to its original configuration, architectural features, or character.

If the HPO/HSPB is unable to make either of these findings, the HPO/HSPB shall take no further action and shall refer the application to the Director for further administrative processing, as set forth in subparagraph (C)(4)(d)(ii) above.

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

• A. General Maintenance Requirements. The property owner is responsible for routine maintenance and repair of a designated historic resource. Such maintenance and repair may be performed without specific approval from the HPO or the HSPB if such maintenance and repair does not materially impair the character-defining features of the historic resource.

• B. Deterioration of a Historic Resource. The property owner of a designated historic resource or a contributing resource within a historic district shall not permit it to fall into a state of disrepair so as to result in the deterioration of any significant exterior character-defining feature of the historic resource. Examples of deterioration for which the property owner is responsible under this Section include, but are not limited to, the following:

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.05.140

§ 8.05.150

1. Excessive erosion, reverse drainage, and other preventable site conditions;

2. Loss of structural integrity due to deterioration of footings, foundations, load-bearing walls or columns, beams, trusses, or other support members;

3. Weathering or damage to exterior elements such as wall and roof surfaces, chimneys, balustrades, doors, windows, and other architectural features;

4. Loss of weather-tightness or security due to any of the above;

5. Deterioration resulting in public nuisances or other hazardous conditions which would warrant demolition of the building, or a portion thereof, in the interest of public safety.

• C. Abatement of Violations/Public Nuisances. In order to avoid demolition necessitated by deterioration described in subsection (B) above, the City may repair a historic resource and assess the cost of such repairs to the property owner in the same manner as the abatement of public nuisances provided in Section 11.72.270 of this Code.

• D. Enforcement. Enforcement of this Section shall be the responsibility of the City Manager, City Attorney or designee.

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

• A. HPO Review of Alternative Energy Systems. Applications to install alternative energy systems on a historic resource, such as solar and wind conversion technologies, shall be reviewed by the HPO to determine their impact on the historic resource, as well as the impact to adjacent contributing resources within a historic district, if applicable. The HPO shall review these applications in accordance with any timelines established by State law or local ordinance.

• B. Location of Alternative Energy Systems. Alternative energy systems shall be located on a historic resource in a manner that is discrete and fully reversible in order to avoid materially impairing the character-defining features of the historic resource, as well as materially impairing the character-defining features of adjacent contributing resources within a historic district, if applicable.

  1. Solar Technologies. In the use of solar technologies, such as solar panels and solar water heaters, ground systems that can be placed at the rear of the property, at an appropriate height to minimize visibility, are encouraged. If equipment is to be roof mounted, low-reflective or non-reflective materials are encouraged, and all mechanical equipment shall be painted to match the existing surrounding material color. Visible roof-mounted installations shall be designed and positioned to be appropriately scaled with a structure's roofline, while maintaining a balance, scale, and proportion with other features of that elevation. Where possible, roof-mounted installations shall be located behind a parapet wall or at the rear of the roof, so as to be screened from view from adjacent streets.

  2. Wind Technologies. In the use of wind technologies, such as wind turbines, freestanding tower-mounted systems are preferred over building-mounted installations. Free-standing towers and ancillary structures are to be placed to have the least visual

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City of Palm Springs, CA § 8.05.150

PALM SPRINGS CODE

§ 8.05.160

impact on the historic resource or district. All structures are to be muted in color, have no graphics, and be appropriately screened where possible.

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

• A. It shall be unlawful for an owner to alter or demolish a building, structure or object within the City in violation of this chapter.

• B. Criminal Penalties. Any owner who alters or demolishes a building, structure or object within the City in violation of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor hereunder shall be punished by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months, or by both.

• C. Civil Action.

  1. The City may also institute civil proceedings in a court of competent jurisdiction for injunctive and mone-tary relief, including civil penalties, against an owner for violations of this chapter.

  2. If the City is the prevailing party in any civil action under this subsection (C), an owner in violation of this chapter may be liable to the City for civil penalties of not more than the following:

     • a. for an ongoing and correctable violation (e.g., removable addition or reversible alteration), $1,000 per day until corrected for each proven violation of this chapter; or

     • b. for a permanent and non-correctable violation (e.g., demolition or irreversible alteration) $25,000 for each proven violation of this chapter.

  3. The prevailing party in any civil action under this subsection (C), or any appeal arising therefrom, shall be entitled to recover reasonable attorneys' fees, pursuant to an order of the Court. Attorneys' fees shall not be recoverable unless the City Manager, City Attorney or designee, for and on behalf of the City, elects in writing at the initiation of that individual action or proceeding to seek recovery of the City's own attorneys' fees. If the City is the prevailing party in any civil action under this subsection (C), the City shall be entitled to the costs of enforcing this chapter, including all costs, fees and expenses, incidental or otherwise, incurred by the City, pursuant to an order of the Court.

• D. The Director shall have the authority to enforce this chapter against violations thereof by any or all of the means provided in this chapter.

• E. In addition to the above, if the Director determines, based upon substantial evidence, that a violation of this chapter has occurred, the Director shall issue his or her written notice of decision to the owner of the site upon which the violation occurred, as well as to all applicable City departments. Thereafter, the City shall not issue building, demolition or any other development permits for the site upon which the violation occurred for a period of three years from the date of the Director's notice of determination. The Director's notice of determination may be appealed pursuant to Section 8.05.170 of this Chapter. This restriction shall not apply to permits that must be issued by the City to the owner of the site

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.05.160

§ 8.05.170

in order to comply with applicable Federal, State or local law. Once a determination is final, the Director shall record a notice to this effect with the Riverside County Recorder's Office. A final and recorded determination pursuant to this subsection (E) shall run with the land and be binding upon all owners, lessees, affiliates, agents, successors and assigns seeking a building, demolition or other development permit for the subject site.

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

An applicant or aggrieved person may appeal or a City Councilmember may request Council review of any decision under Article IV of this chapter upon written request as follows:

• A. Actions of the HPO as the Approval Authority. Where the HPO is acting as the approving authority for an application, the applicant or aggrieved person may appeal the decision to the HSPB by written request. The appeal must be filed with the Office of the City Clerk within 10 days following the date the HPO issues notification to the applicant of the decision. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. Upon receipt of the appeal request, the HPO shall schedule the appeal for consideration by the HSPB no more than 45 days following the filing of the appeal unless the parties waive such time limits.

• B. Actions of the HSPB as the Approval Authority. Where the HSPB is acting as the approving authority for an application, the applicant or aggrieved person may appeal the decision to the City Council by written request. The appeal must be filed with the Office of the City Clerk within 10 days following the date of the HSPB's decision. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. Upon receipt of the appeal request, the City Clerk shall schedule the appeal for consideration by the City Council no more than 45 days following the filing of the appeal unless the parties waive such time limits.

• C. Final Action by the HSPB. The City shall not deem "final" any action by the HSPB, which action represents the ultimate and determinative action by the City with respect to any application, and is not subject to mandatory review by the City Council unless and until the date that is 10 days after the date when (i) the City Council has received written notice of the HSPB action in question, and (ii) the City has posted written notice of the HSPB action in question on the City's website, whether by posting an "action summary" or other notice.

• D. Review by Councilmember. With respect to any action of the HSPB as the approving authority, any member of the City Council may initiate a review of the action by giving notice thereof to the Office of the City Clerk in the time and manner for filing of a notice of review as prescribed by Section 2.06.030 of the Palm Springs Municipal Code. City Council review of an action by the HSPB shall follow the procedure provided by Section 2.06.030 of the Palm Springs Municipal Code.

• (Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020; Ord. 2063 § 31, 2022)

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.05.180

§ 8.05.210