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.
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.
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.
(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.
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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.
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B.
Exceptions.
No Certificate of Appropriateness shall be required for the following
activities, as determined by the HPO:
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 non-contributing 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
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 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.
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:
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.
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.
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:
(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.
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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.
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(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:
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,
free-standing tower-mounted systems are preferred over building-mounted
installations. Free-standing towers and ancillary structures are to
be placed to have the least visual 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 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)
