§ 19.60

The purpose of this Chapter is to provide for the identification and preservation of cultural, architectural and historical structures, sites and areas:

A.

To safeguard the City's heritage, as embodied and reflected in such resources.

B.

To encourage public knowledge, understanding and appreciation of the City's past.

C.

To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources.

D.

To promote the enjoyment and use of cultural resources appropriate for the education and recreation of the people of the City.

E.

To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the City's history.

F.

To enhance property values and to increase economic and financial benefits to the City and its inhabitants.

G.

To protect and enhance the City's attraction to tourists and visitors, thereby stimulating business and industry.

H.

To identify as early as possible potential conflicts between preservation of cultural resources and alternative land uses.

I.

To integrate the preservation of cultural resources and the extraction of relevant data from such resources into public and private land management and development processes.

J.

To provide a mechanism for the City and owner to enter into contracts for qualified historical properties for tax benefits.

K.

To designate "historical property" under Health and Safety Code Section 37602 and Government Code Section 8875.

The purpose of this Chapter is also to establish flexibility in the development standards for properties designated as architecturally or historically significant when specific findings can be met.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Except as specifically defined in this section, words and phrases used in this chapter shall be interpreted to give them the meaning they have in common usage.

A.

Landmark. Any site, including significant trees or other significant permanent landscaping located thereon, place, building, structure, street, improvement, natural feature, or other object having a special historical, archaeological, paleontological, cultural, architectural or community value in the City and which has been designated a landmark pursuant to this chapter.

B.

Neighborhood Conservation Area. Any legally described geographic area having structures of historical, archaeological, paleontological, cultural, architectural, community or aesthetic value which has not been designated as a preservation district but is deserving of recognition and has been designated a neighborhood conservation area pursuant to this Chapter.

C.

Preservation District. Any legally described geographic area having historical significance or special character, cultural or aesthetic value; serving as an established neighborhood or architectural period or style typical in the history of the City; or constituting a distinct section of the City, and which has been designated a preservation district by the Planning Commission or by the City Council on appeal.

D.

Structure of Merit. Any structure having historical, archaeological, paleontological, cultural architectural, community or aesthetic value which has not been designated as a landmark but is deserving of recognition and has been designated a structure of merit pursuant to this Chapter.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

In carrying out the purposes of this Chapter, the City may acquire property by such means as are available to it for the acquisition of property for other proper purposes.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The Planning Commission shall have the following additional powers and duties:

A.

Designate landmarks, preservation districts, structures of merit, and neighborhood conservation areas pursuant to the provisions of this Chapter.

B.

Review restoration, rehabilitation, alteration and demolition proposals for landmarks and preservation districts pursuant to the provisions of this Chapter.

C.

Compile and maintain a current register of all landmarks, preservation districts, structures of merit and neighborhood conservation areas.

D.

Educate the citizens of Twentynine Palms about the heritage of the City and the landmarks, preservation districts, structures of merit and neighborhood conservation areas designated pursuant to this Chapter.

E.

Seek means for the protection, retention and preservation of any landmark, preservation district, structure of merit or neighborhood conservation area, including but not limited to suggesting appropriate legislation, seeking financial support from individuals and local, state and federal governments, and establishing a private funding organization.

F.

Coordinate its activities with the Twentynine Palms Historical Society, the San Bernardino County Museum, and the state and the federal governments.

G.

Receive applications and recommend to the City Council designations as qualified historical properties under Government Code 50280 et seq.

H.

Prepare and adopt plans for the preservation of landmarks, preservation districts, structures of merit and neighborhood conservation areas.

I.

Recommend to the City Council the acquisition of interests in real property for the purposes of cultural resources preservation.

J.

Act in an advisory capacity to the City Council in all other matters pertaining to the preservation of the heritage and culture of the City.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Initiation. The designation, repeal or modification of a landmark may be initiated by the City Council, the Planning Commission, the Twentynine Palms Historical Society or the property owner of record. Application for such designation, repeal or modification shall be submitted in a manner approved by the Community Development Director (Director) and accompanied by such data and information as may be required to assure the fullest practical presentation of the facts for proper consideration of the request.

B.

Hearing Date. Upon acceptance by the Director of an application, the matter shall be set for public hearing thereon before the Planning Commission. The date of such hearing shall be not more than 45 days from the date of acceptance of the completed application.

C.

Hearing Notice. Notice of the date, time, place and purpose of the hearing before the Planning Commission shall be given by at least one publication of a notice, in a newspaper having general circulation in the City, not less than ten days prior to the date of such hearing and by depositing in the United States mail, at least ten days prior to the date of the hearing, a notice addressed to the owner of the property being considered. When the real property is not owner-occupied, notice shall also be given to the occupant. The last known name and address of each owner as shown on the records of the County Assessor may be used for this notice. 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 failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.

D.

Hearing. At the time and place so fixed and noticed, a public hearing shall be conducted before the Planning Commission. The Planning Commission may continue such hearing to a time and place certain when such action is deemed necessary and desirable.

E.

Investigation. The Director shall cause to be made such investigation of facts bearing upon the application that will provide sufficient information to permit the Planning Commission to take action consistent with the intent and purpose of this Chapter. The Director shall determine if any structure proposed to be designated as a landmark is a potentially hazardous building as set out in Government Code Section 8875 et seq. In the event that such is the case, he/she shall recommend that the Planning Commission adopt a mitigation plan for such property at the same time as the designation is granted. The provisions of any such plan shall be in accord with the requirements of the City Ordinance requiring mitigation of potentially hazardous buildings as well as the state historical building code.

F.

Findings. The Planning Commission may designate a landmark in whole or in part if, from the facts presented in the application, at the public hearing, or by investigation, the Planning Commission finds that the site, landscaping, place, buildings, structure, street, improvement, natural feature or other object has special historical, archaeological, paleontological, cultural, architectural or community value in the City and that the purposes of this Chapter are furthered by such designation.

G.

Resolution. A landmark shall be designated by Resolution of the Planning Commission. Rescission or modification of such designation shall be accomplished in the same manner.

H.

Notice of Designation. Notice of the designation, rescission or modification shall be transmitted by the Director to the affected property owner, City Council, City Manager, City Clerk, the Assessor, the Recorder of San Bernardino County, the Twentynine Palms Historical Society and any other interested departments and governmental and civic agencies. Each City department and division shall incorporate the notice of designation, rescission, or modification into its records, so that future decisions or permissions regarding or affecting any landmark made by the City will have been made with the knowledge thereof, and in accordance with the procedures set forth in this Chapter.

I.

Appeal. Any person aggrieved or affected by a decision of the Planning Commission in designating, repealing, or modifying landmark status may appeal to the City Council from such decision at any time within 10 days after the date upon which the notice is received. An appeal may be made to the City Clerk, together with the appeal fee as prescribed from time to time by City Council resolution. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within five days after the letter of appeal has been filed, the City Clerk shall notify the Planning Commission and the Director of such filing. Within five working days after such notice is given, the Director shall lodge with the City Clerk copies of the application and all other papers constituting the record upon which the action of the Planning Commission was taken. The City Clerk shall give notice of hearing upon the appeal in the same manner and for the same time as is required in Subsection 19.60.050.C (Hearing Notice) for a hearing in connection with an application before the Planning Commission. The date of such hearing upon the appeal shall be not more than 30 days from the date of filing of the appeal. Upon the hearing of such appeal, the City Council may by resolution affirm, reverse or modify the determination of the Planning Commission. The decision of the City Council is final and conclusive.

J.

Effective Date. The provisions of this Chapter regulating landmarks shall be applicable to a particular landmark on the 11th day after designation, modification of designation, or rescission of designation of landmark by the Planning Commission unless such designation, modification or rescission had been duly appealed to the City Council pursuant to Subsection 19.60.050.I (Appeal), in which case the designation, modification or rescission shall become effective on the date on which the City Council affirms, modifies or rescinds such designation.

K.

Duty to Maintain. Every owner of a landmark and any appurtenant premises shall maintain and keep in good repair the exterior of such landmark and premises. Good repair is defined as that level of maintenance and repair which clearly ensures the continued availability of such structure and premises for lawful reasonable uses and prevents deterioration, dilapidation and decay of such structures and premises.

L.

Structure of Merit. The Planning Commission may encourage the protection, enhancement, appreciation and use of a structure in order to emphasize its importance in the past, present and future of the City by the adoption of a Resolution designating it as a structure of merit. A structure of merit need not be subject to Section 19.60.050 subsections A through K.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Initiation. The designation, repeal or modification of a preservation district may be initiated by the City Council, the Planning Commission, the Twentynine Palms Historical Society, or the property owners of record or agents of 25 percent of the real property. Application for such designation, repeal or modification shall be submitted in a manner approved by the Director and accompanied by such data and information as may be required to assure the fullest practical presentation of the facts for proper consideration of the request.

B.

Hearing Date. Upon acceptance by the Director of an application, the matter shall be set for public hearing thereon before the Planning Commission. The date of such hearing shall be not more than 45 days from the date of acceptance of the completed application.

C.

Hearing Notice. Notice of the date, time, place and purpose of the hearing before the Planning Commission shall be given by at least one publication of a notice, in a newspaper having general circulation in the City, not less than ten days prior to the date of such hearing and by depositing in the United States mail, postage prepaid, at least ten days prior to the date of such hearing, a notice addressed to the owner of each property, or occupant, if different, being considered for inclusion in a preservation district. The last known name and address of each owner as shown on the records of the County Assessor may be used for this notice. 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 failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.

D.

Hearing. At the time and place so fixed and noticed, a public hearing shall be conducted before the Planning Commission. The Planning Commission may continue such hearing to a time and place certain

when such action is deemed necessary or desirable. The Planning Commission may establish rules for the conducting of such public hearings.

E.

Investigation. The Director shall cause to be made such investigation of facts bearing upon the application that will provide sufficient information to take action consistent with the intent and purpose of this Chapter. The Director shall determine if any structure proposed to be included in a preservation district is a potentially hazardous building as set out in Government Code Section 8875 et seq. In the event that such is the case, he/she shall recommend that the Planning Commission adopt a mitigation plan for such property at the same time as the designation is granted. The provisions of any such plan shall be in accord with the requirements of the City Ordinance requiring mitigation of potentially hazardous building as well as the state historical building code.

F.

Findings. The Planning Commission may designate a preservation district in whole or in part if, from the facts presented in the application, at the public hearing. or by investigation, the Planning Commission finds that the area has historical significance; special character or aesthetic value; serves as an established

neighborhood or community center; represents one or more architectural periods or styles typical in the history of the City; or constitutes a distinct section of the City and that the purposes of this Chapter are furthered by such designation.

G.

Resolution. A preservation district shall be designated by Resolution of the Planning Commission. Rescission or modification of such designation shall be accomplished in the same manner.

H.

Notice of Designation. Notice of the designation or modification shall be transmitted by the Director to the affected property owner, City Council, City Manager, City Clerk, the Assessor, the Recorder of San Bernardino County, the Twentynine Palms Historical Society and any other interested departments and governmental and civic agencies. Each City department and division shall incorporate the notice of designation, rescission, or modification into its records, so that future decisions or permissions regarding or affecting any preservation district made by the City will have been made with the knowledge thereof, and in accordance with the procedures set forth in this Chapter.

I.

Appeal. Any person aggrieved or affected by a decision of the Planning Commission in designating, repealing, or modifying preservation district status may appeal to the City Council from such decision within 10 days after the receipt of notice. An appeal to the City Council shall be taken by filing a letter of appeal with the City Clerk, together with the appeal fee as prescribed by City Council Resolution. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within five days after the letter of appeal has been filed, the City Clerk shall notify the Planning Commission and the Director of such filing. Within five working days after such notice is given, the Director shall file with the City Clerk copies of the application and all other papers constituting the record upon which the action of the Planning Commission

was taken. The City Clerk shall give notice of hearing upon the appeal in the same manner and for the same time as is required in Subsection 19.60.060.C (Hearing Notice) for a hearing in connection with an application before the Planning Commission. The date of such hearing shall be not more than 30 days from the date of filing of the appeal. Upon the hearing of such appeal, the City Council may by Resolution affirm, reverse or modify the determination of the Planning Commission. The decision of City Council is final and conclusive.

J.

Effective Date. The provisions of this Chapter regulating preservation districts shall be applicable to such district or area status on the 11th day after designation, modification of designation, or rescission of such district or area status by the Planning Commission unless, in respect to preservation area only, such designation, modification or rescission has been duly appealed to the City Council pursuant to Subsection 19.60.060.I (Appeal) of this Chapter, in which case the designation, modification or rescission shall become effective on the date on which, respectively, the City Council affirms, modifies or rescinds such designation.

K.

Duty to Maintain. Every owner of property within a designated preservation district shall maintain and keep such property in good repair, including the exterior of all structures and premises located upon such property. Good repair is defined as that level of maintenance and repair which clearly ensures the continued availability of such structure and premises for lawful reasonable uses and prevents deterioration, dilapidation and decay of such structures and premises.

L.

Neighborhood Conservation Areas. The Planning Commission may encourage the protection, enhancement, appreciation and use of certain areas that are deserving of recognition by designating them by Resolution as neighborhood conservation areas so as to emphasize their importance in the past, present, and future of the City. Neighborhood conservation areas need not be subject to Section 19.60.060 subsections A through K.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

No person, owner or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the appearance of any landmark, landmark structure, landmark site or any structure or site within a preservation district, without first having applied for and been granted permission to do so by the Planning Commission, or by the City Council on appeal from a decision of the Planning Commission denying an application for such a permit.

A.

Application and Fees.

l.

The permit application shall be submitted in a manner approved by the Director. Unless the fee has been partially waived in accordance with this Section, the application shall be accompanied by such fee as is required by resolution of the City Council.

2.

City building permit fees which would otherwise be payable pursuant to this Section for structural restoration, rehabilitation or repair of a designated landmark or structure within a designated preservation district shall be reduced by 30 percent.

B.

Review and Standards.

l.

The Planning Commission shall review the following when applicable to the permit applications.

a.

Architectural design

b.

Scale and proportion

c.

Construction materials

d.

Color and texture

e.

Signs

f.

Public areas

g.

Other applicable requirements by the State Historical Code

2.

Findings. The Planning Commission shall apply the following findings in determining whether to grant or deny a permit:

a.

The proposed change shall be consistent or not incompatible with the architectural period of the building.

b.

The proposed change shall be compatible with existing adjacent or nearby landmark structures and preservation district structures.

c.

The colors, textures, materials, fenestration, decorative features and details proposed shall be consistent with the period and compatible with adjacent structures.

d.

The proposed changes shall not destroy or adversely affect an important architectural feature or features.

C.

Decision Time Limit. The application shall be considered by the Planning Commission within 45 days following its acceptance.

1.

When the application is for permission to restore, rehabilitate, alter, develop, construct or change the appearance or any landmark, landmark structure, landmark site or any structure or site within a preservation district, the Planning Commission may approve. conditionally approve or deny the application.

2.

When the application is for permission to demolish or remove any landmark, landmark structure, landmark site or any structure or site within a preservation district, the Planning Commission may approve, conditionally approve or disapprove the proposed demolition or removal.

D.

Approval Required. No City permit shall be issued for any purpose regulated by this Chapter for a landmark, structure or site in a preservation district unless and until the proposed work or development has been approved or conditionally approved by the Planning Commission, and then shall be issued only in conformity with such approval or conditional approval. For purposes of this Section, and notwithstanding Subsections 19.60.050.J and 19.60.060.J, landmarks and preservation districts shall be deemed to have been so designated as of the date upon which the Planning Commission made such designation.

E.

Adoption of Preservation Plan. The Planning Commission may adopt a plan for the preservation of a landmark or preservation district by following the procedures set forth in Sections 19.60.050 (Landmark and Structures of Merit) and 19.60.060 (Preservation District) of this Chapter. Such a plan shall set forth specific standards and requirements for the development, rehabilitation, restoration or repair. Such standards may include, but are not limited to, those set forth in Subsection 19.60.070.B above. Such plan may be adopted concurrently with the designation of a landmark or preservation district. The preservation

plan shall address any mitigation required under local ordinance or the provisions of Government Code Section 8875 et seq.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Whenever any project may be approved by the City within 300 feet of a designated landmark or preservation district which may have an impact on a designated landmark or preservation district, written notice shall be provided to the Planning Commission and to the City Council prior to taking any irreversible action to carry out such project.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Where a landmark or preservation district has been established and with the consent of the directly affected property owner, landmark or preservation district markers may be erected or mounted on structures indicating the designation, significance and related information concerning the landmark or preservation district by the Twentynine Palms Historical Society or City.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Where a landmark has been designated under this Chapter and is owned by a private property owner and is not exempt from property taxation, the owner or his/her agent may request that the Planning Commission recommend to the City Council the execution of a historical property contract between the owner and the City as set out in Government Code Section 50280 et seq. Such contract and its provisions may be designed to meet the requirements for beneficial tax treatment under Revenue and Taxation Code Section 439.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Chapter 19.62 - Flood Management Regulations