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HomeMy WebLinkAboutOrd 865 ORDINANCE NO. 865 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ADDING CHAPTER 8.62 (HISTORIC PRESERVATION) TO THE CATHEDRAL CITY MUNICIPAL CODE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 CEQA FINDING The adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines which allows an exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, Section 15308 regarding actions taken by an agency pursuant to state law, and Section 15378 because "project" under CEQA does not include organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment. SECTION 2 ADDITION OF CHAPTER 8.62 TO THE CATHEDRAL CITY MUNICIPAL CODE A new Chapter 8.62 (Historic Preservation) is added to the Cathedral City Municipal Code to read as shown in Exhibit A. SECTION 3 SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. SECTION 4 EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council. SECTION 5 POSTING The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City. SECTION 6 CERTIFICATION The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the 30th day of November 2022, by the following vote: Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor pro Tern Lamb and Mayor Gutierrez Noes: None Abstain: None Absent: None 6 Ernesto Gutierrez, Mayor ATTEST: Tracey R. -ermosillo, City Clerk APPROVED AS TO FORM: Eric S. Vail, City Attorney Chapter 8.62 HISTORIC PRESERVATION Article I. General Provisions 8.62.010 Purpose and intent. This chapter is adopted for the purpose of recognizing historical events and people, preserving areas and specific buildings of 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 specific buildings and sites for the education and welfare of the citizens. 8.62.020 Definitions. "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. "Historic Preservation Committee" means the Committee as established in Chapter 2.31 of the Cathedral City Municipal Code. "Class 1" shall refer to a Historic Site that exists as it did during the historical period, or is restorable to that condition. "Class 2" shall refer to a Historic Site that contains a modern (non-historic) structure, a use that is different than the use of the site during the historical period, or contains buildings, structures or uses from the historical period that are unusable, nonconforming, or unrestorable. "Class 3" shall refer to a Historic Site that contains buildings or structures constructed more than 50 years ago (or the construction date cannot be confirmed) but that do not qualify as a Class 1 or Class 2 Historic Site. "Demolition" shall mean the total tearing down or destruction of the building envelope as described in the State Energy Code, as may be amended from time to time. "Historic Site" shall mean any real property, excluding Tribal Trust or Allotted Trust Land, such as: a building; a structure, including but not limited to archways, tiled areas and similar architectural elements; an archaeological site or object that is determined to be unique or significant pursuant to the procedures in this chapter because of its location, design, setting, materials, workmanship or aesthetic effect and: A. That is associated with events that have made a meaningful contribution to the nation, state or community; or B. That is associated with lives of persons who made meaningful contribution to national, state or local history; or C. That reflects or exemplifies a particular period of the national, state or local history; or D. That embodies the distinctive characteristics of a type, period or method of construction; or E. That presents the work of a master builder, designer, artist, or architect whose individual genius influenced his/her age; or that possesses high artistic value; or F. That represents a significant and distinguishable entity whose components may lack individual distinction; or G. That has yielded or may be likely to yield information important to national, state or local history or prehistory. "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. "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. Article II. Procedure to Obtain Historic Designation 8.62.100 Application Required. The owner of property, or their authorized representative, may submit an application to designate their property, or a portion thereof, as a Historic Site. Application shall be made upon such forms as may be required by the City, and the application shall be accompanied by such application fee as may be established by resolution of the City Council. At a minimum, the application shall contain the following information: A. A report that describes how the proposed site, structure, building or object is eligible and appropriate for designation under this Section. The report shall include at a minimum: 1. Photographs of the exterior of the proposed site, structure, building or object; 2. Information about the architect(s), designer(s), planner(s), and/or developers of the proposed site, structure, building or object; 3. Date and method of construction of any structure, building or object upon the proposed site; 4. A description of the character-defining features of the site, structure, building or object, such as materials, architectural or landscape elements, architectural style, and other relevant descriptors; 5. Ownership and address history; and 6. Identify the source of the information provided in the application, such as building permit numbers, publications, organizations or individuals. B. Notarized signatures of all property owners of the property. C. Any other documentation or research as may be deemed necessary to determine the qualifications of the site, structure, building or object for historic designation. 8.62.110 Investigation and study. Upon receipt of a complete application by the property owner pursuant to this section, City staff shall conduct or cause to be conducted such surveys, studies or investigations as it deems necessary to determine whether the subject property qualifies for a Historic Site designation. The applicant shall pay for all costs associated with such surveys, studies or investigations. The applicant may submit such surveys, studies or investigations with its application, and if so City staff shall determine whether any additional surveys, studies or investigations are necessary. 8.62.120 Public hearing by Historic Preservation Committee. The Historic Preservation Committee shall hold a public hearing to recommend to the city council whether property shall be designated as a Historic Site (Class 1, Class 2 or Class 3). Notice of the public hearing shall be given as provided herein. The committee's recommendation shall be based upon findings, supported by substantial evidence in the record, that the property meets one or more of the criteria for a Historic Site designation, as listed in the definition of Historic Site in Section 8.62.020 paragraphs A-G. If the Committee finds that the property meets the criteria for Historic Site designation, it shall also make a finding as to whether the property meets the criteria for a Class 1, Class 2, or Class 3 Historic Site designation. 8.62.130 Public hearing by city council. Upon receipt of a recommendation from the Historic Preservation Committee, the city council shall hold a public hearing to consider the recommendation and determine whether to designate property as a Historic Site (Class 1, Class 2, or Class 3). Notice given in the same manner and to the same persons as required for the public hearing before the Historic Preservation Committee. The City Council's determination shall be based upon findings, supported by substantial evidence in the record, that the property meets one or more of the criteria for a Historic Site designation, as listed in the definition of Historic Site in Section 8.62.020 paragraphs A-G. If the Council finds that the property meets the criteria for Historic Site designation, it shall also make a finding as to whether the property meets the criteria for a Class 1, Class 2, or Class 3 Historic Site designation. 8.62.140 Notice of public hearing. A. Mailed notice of the public hearing shall be provided at least ten days prior to the hearing to the owners of all property lying within the area proposed to be designated as an Historic Site and within 300 feet of the outer boundaries of the area proposed to be designated as an Historic Site, and in addition to such mailed notice, notice of such hearing shall be published in a newspaper of general circulation within the city at least ten days prior to such hearing. If mailed notice as required above would result in notice to more than two hundred fifty persons, as an alternative to such mailed notice, notice may be given by placing a display advertisement in a newspaper of general circulation in the city, and by posting such notice in at least three conspicuous places within the proposed boundaries of the area proposed to be designated as an Historic Site. B. Notice may be combined. Notice of public hearing before the city council may be combined with the notice of public hearing before the historic preservation committee; provided, that the date set for public hearing before the city council shall be not more than sixty days later than the date set for public hearing by the historic preservation committee. For good cause, the public hearing before the city council may be continued from time to time, without further published notice, by announcing that fact at the time and place set for the public hearing before the city council. 8.62.150 Findings and decisions—Resolution. If the city council shall find that the purposes of this chapter are furthered by designation of property as a Historic Site, such findings shall be stated in a resolution designating such property within such Historic Site. From and after the adoption of such resolution, all property within such Historic Site shall be subject to the rules and regulations governing the demolition, preservation, rehabilitation or alteration of Historic Sites. A copy of the resolution shall be recorded in the records of the Riverside County Clerk-Recorder against the property designated as a Historic Site. 8.62.160 Markers for designated Historic Sites. A. The City Council, upon recommendation from the Historic Preservation Committee, may require Historic Sites to be marked with uniform and distinctive markers as a part of the decision to approve an application to establish a Historic Site. The markers shall be of a design approved by the planning commission with prior review and recommendations by the public arts commission and parks and community events commission. B. As a courtesy, notice may be given to the Riverside County historical commission, the Tribal Historic Preservation Officer and the California Department of Parks and Recreation (Office of Historic Preservation) regarding the proposed location of markers prior to installation to permit recommendations by those agencies. Article III. Rules and Regulations for Historic Sites 8.62.200 Certificate of Appropriateness Required. No person may undertake any of the following within or upon a Historic Site without a Certificate of Appropriateness from the Historic Preservation Committee: A. Construction of a new structure; B. The moving, demolition or alteration of an existing structure in any manner which affects the exterior appearance of the structure; C. A change in land use which affects the exterior appearance of a structure; D. The erection, remodeling or replacing of a sign which affects the exterior appearance of a structure. 8.62.210 Application for Certificate of Appropriateness. The owner of a Historic Site who desires to undertake any of the activity listed in Section 8.62.200 shall file an application for a Certificate of Appropriateness upon a form prescribed by the city. The application shall include all necessary information required by the rules of the Historic Preservation Committee. At a minimum, the application shall be accompanied with the following documentation and information: 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 city staff deems necessary to accurately describe the scope of alteration or new construction work proposed. 8.62.220 Findings for Approving Certificate of Appropriateness. The Historic Preservation Committee shall make the following findings, as applicable, prior to approving a Certificate of Appropriateness: A. For Class 1 or Class 2 Sites, that the proposed work does not significantly impact or materially impair a character-defining features of the Historic Site, or, where a character-defining feature may be impacted, the proposed work minimizes that impact as much as possible; B. For Class 1 or Class 2 Sites, that the proposed work will assist in restoring the Historic Site to its original appearance where applicable, or will substantially aid its preservation or enhancement as a historic resource; C. For Class 1 or Class 2 Sites, that any additions to the Historic Site are consistent with the massing, proportions, materials, and finishes of the existing historic resource, and: (i) can be distinguished from the existing Historic Site as may be appropriate; or (ii) are indistinguishable from the Historic Site as may be appropriate, and where such alterations are clearly documented in the City's archival file for the Historic Site as being non-original to the Historic Site; D. For Class 3 Sites, there is no evidence that the Historic Site meets the criteria for designation as a Class 1 or Class 2 Historic Site. E. If 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. If the applicable findings above cannot be made, a Certificate of Appropriateness may still be approved if one of the following findings are made: 1. The retention of the structure constitutes a hazard to public safety and the hazard cannot be eliminated by economic means available to the owner; or 2. The structure is a deterrent to a major improvement program which substantially benefits the city; or 3. Retention of the structure causes an undue hardship to the owner; or 4. Retention of the structure is not in the interest of the majority of the inhabitants of the city. 8.62.230 Action restricted to exterior features. The Historic Preservation Committee shall consider and pass upon only the exterior features of a structure in determining whether to approve an application for a Certificate of Appropriateness and may not consider the interior arrangement of the structure. The committee may not disapprove applications except in regard to the considerations set forth in this chapter and in rules and regulations adopted by the committee pursuant to this chapter. 8.62.240 Procedure upon application. A. Upon the filing of a complete application, city staff shall review the application and supporting materials and prepare a report and recommendation for review by the Historic Preservation Committee. B. The Historic Preservation Committee shall consider the report and recommendation by city staff, along with any other testimony and evidence, at a public hearing noticed as provided in Section 8.62.140, and determine whether the findings required by Section 8.62.220 can be made. The Historic Preservation Committee shall either approve, approve with modifications, or deny the requested Certificate of Appropriateness. C. Any person aggrieved by an action of the Historic Preservation Committee may appeal the decision to the city council in the manner provided in Section 2.04.100 of this code D. No person may do any work upon a structure which is a subject of an application until a Certificate of Appropriateness is approved. 8.62.250 Limit on applications. No application for the same or similar work may be filed within one year after the committee has rejected it. 8.62.260 Exceptions. The regulations contained in this chapter do not apply to routine maintenance or repair to restore a structure as near as possible to its original condition after decay, injury, dilapidation or partial destruction of a structure upon an Historic Site, provided said maintenance or repair does not exceed one percent of the assessed value of the property. 8.62.270 Preexisting building permits. This chapter does not apply to construction, alteration, moving or demolition of a structure started under a building permit issued before the effective date of this chapter. 8.62.280 Violation - Penalties. Any person who violates a provision of this chapter is guilty of an infraction. The City may take action to enforce the provisions of this chapter as provided for in Title 13 of this Code, including but not limited to the issuance of an administrative citation. 8.62.290 Violation — Withholding Future Permits. In addition to the above, if the City Manager or their designee determines, based upon substantial evidence, that a violation of this chapter has occurred, the City Manager or designee shall issue their 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 (3) years from the date of the notice of determination. The notice of determination may be appealed pursuant to Section 2.04.100 of this code. This restriction shall not apply to permits that must be issued by the City to the owner of the site in order to comply with applicable Federal, State or local law. Once a determination is final, the City Manager or designee shall record a notice to this effect with the Riverside County Recorder's Office. A final and recorded determination pursuant to this section 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. 8.62.310 Compliance with other laws. The provisions of this chapter are separate from and additional to all other requirements of law, including but not limited to compliance with other ordinances and codes of the city, conditions of approval of land use permits and architectural review and approval. Neither a recommendation of approval nor any other provisions of this chapter shall be deemed to relieve the owner or applicant from full compliance with any such laws, ordinances, codes or conditions. 8.62.320 Stay of Demolition or Alteration A. If at any time the City has reason to believe that any activity listed in Section 8.62.200 is occurring without the prior issuance of a Certificate of Appropriateness, the City's Building Official may issue an order staying all construction activity on the property until such time as a Certificate of Appropriateness is obtained or a determination is made by the City that no Certificate of Appropriateness is required for the work to be performed. The property owner shall have thirty days from the date the stay order is issued to either apply for a Certificate of Appropriateness or appeal the stay order on the grounds that no Certificate of Appropriateness is required. Any such appeal shall first be heard by the Historic Preservation Committee and may be further appealed to the City Council as provided for in Section 8.64.240. B. Upon the issuance of a stay order, no permit shall be given for the demolition or exterior alteration of any structure on the subject site, and any such permit previously issued shall forthwith be revoked; provided, however, that a stay order shall not prevent the performance of any repairs, demolition, or removal necessary for the protection of public health or safety, and ordered by the Building Official of the City. Article IV. Acknowledgement of Tribal Authority 8.62.400 Tribal Authority over the Designation of Historic Sites Located on Tribal Trust and Allotted Trust Lands. The designation of historic resources for Tribal Trust Lands and Allotted Trust Lands shall be the sole authority of the Tribe. Requests for designation on Tribal Trust and Allotted Trust Lands received by the City shall be forwarded directly to the Tribe's Historic Preservation Officer for review and determination of whether the historic resource meets the criteria for inclusion on the Agua Caliente Tribal Register of Historic Places pursuant to Tribal law. No action may be taken by the City on requests for designation of Historic Sites on Tribal Trust or Allotted Trust Lands. 8.62.410 Tribal Review of Applications for Historic Designation (Reservation Fee Land). As a means of promoting coordination of historic preservation activities between the City and the Tribe, all applications for the designation of Historic Sites located on Reservation Fee Land shall be forwarded to the Tribe's Historic Preservation Officer for review and recommendation. The Historic Preservation Committee and City Council shall consider the recommendation of the Tribe's Historic Preservation Officer, where a recommendation is provided, prior to taking action on the application for historic designation. 8.62.420 Demolition or Alteration of Class 1 or Class 2 Buildings (Reservation Fee Land, Tribal Trust Land, Allotted Trust Land). Any application for demolition or alteration of a Class 1 or Class 2 building located on Reservation Fee Land shall be forwarded to the Tribe's Historic Preservation Officer for review and recommendation. The City shall consider the recommendation of the Tribe's Historic Preservation Officer, where a recommendation is provided, prior to taking action on the application. The approval of demolition or alteration of Class 1 or Class 2 buildings located on Tribal Trust and Allotted Trust Lands shall be the sole authority of the Tribe. Requests for demolition or alteration on Tribal Trust and Allotted Trust Lands received by the City shall be forwarded directly to the Tribe's Historic Preservation Officer for review and determination. No action may be taken by the City on requests for demolition or alteration of Class 1 or Class 2 buildings on Tribal Trust or Allotted Trust Land. Article V. Procedures for Removal or Downgrading of Historic Designation 8.62.500 Applicability The procedures contained in this Article V shall apply if a property owner seeks to have a Historic Site designation approved by the city council pursuant to this Chapter removed from their property, or having its designation as a Class 1 or 2 Historic Site downgraded. The city council does not have the authority to remove a historic designation approved by any other governmental agency or body. 8.62.510 Application Required. The owner of property, or their authorized representative, may submit an application to remove the designation of their property, or a portion thereof, as a Historic Site, or to have their property's Historic Site class downgraded. Application shall be made upon such forms as may be required by the City, and the application shall be accompanied by such application fee as may be established by resolution of the City Council. 8.62.520 Investigation and study. Upon receipt of a complete application by the property owner pursuant to this section, City staff shall conduct or cause to be conducted such surveys, studies or investigations as it deems necessary to determine whether the subject property qualifies for a Historic Site designation. The applicant shall pay for all costs associated with such surveys, studies or investigations. 8.62.530 Public hearing by Historic Preservation Committee. The Historic Preservation Committee shall hold a public hearing to recommend to the city council whether property shall be have its designation as a Historic Site (Class 1, Class 2 or Class 3) removed, or downgraded. Notice of the public hearing shall be given as provided in Section 8.62.140. The committee's recommendation shall be based upon findings, supported by substantial evidence in the record, that the property does not meet any of the criteria for a Historic Site designation, as listed in the definition of Historic Site in Section 8.62.020 paragraphs A-G. If the Committee finds that the property still meets the criteria for Historic Site designation, it shall also make a finding as to whether the property meets the criteria for a Class 1, Class 2, or Class 3 Historic Site designation. 8.62.540 Public hearing by city council. Upon receipt of a recommendation from the Historic Preservation Committee, the city council shall hold a public hearing to consider the recommendation and determine whether to remove the designation as a Historic Site (Class 1, Class 2, or Class 3), downgrade the designation. Notice shall given in the same manner and to the same persons as required for the public hearing before the Historic Preservation Committee. The City Council's determination shall be based upon findings, supported by substantial evidence in the record, that the property does not meet any of the criteria for a Historic Site designation, as listed in the definition of Historic Site in Section 8.62.020 paragraphs A-G. If the Council finds that the property still meets the criteria for Historic Site designation, it shall also make a finding as to whether the property meets the criteria for a Class 1, Class 2, or Class 3 Historic Site designation. 8.62.550 Findings and decisions—Resolution. The decision of the City Council shall be adopted by resolution. If the Council removes the Historic Site designation, from and after the adoption of such resolution the property shall no longer be subject to the rules and regulations governing the demolition, preservation, rehabilitation or alteration of Historic Sites. A copy of the resolution shall be recorded in the records of the Riverside County Clerk-Recorder against the property.