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.
"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.
"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.
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.
"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)