The intent of this chapter is to provide a mechanism for identifying
certain structures, sites and districts which represent eras, events,
or persons important in the city's cultural, archaeological, social,
economic, architectural, and/or political history for the purpose
of encouraging the preservation, improvement and/or promotion of such
structures and sites without forcing private property owners to sell
their properties through the use of the city's power of eminent domain.
(Ord. 833 § 4, 2003; Ord. 943 § 2, 2006; Ord. 1119 § 2, 2017)
means the architectural elements embodying style, design,
general arrangements and components of all of the outer surfaces of
any improvements, including, but not limited to, the kind, color and
texture of the building materials and the style and type of all windows,
doors, lights, signs, and other fixtures appurtenant to a structure.
means the destruction or removal of a structure or parts
of a structure substantially equivalent to the whole.
means any modification to the exterior of a structure for
which a building permit is required.
means capable of being accomplished in a successful manner
within a reasonable period of time taking into account economic, environmental,
legal, social and technological factors.
means the historic preservation commission described in Chapter
2.34.
means a site, improvement, appurtenance, natural feature
or other object that has been designated as such pursuant to this
chapter, including those found to qualify for listing in the National
Register of Historic Places.
means any modification to the interior structure for which
a building permit is required.
means a modification of any architectural feature(s) or natural
feature(s) of a historic resource that will have a substantial effect
on the defining features or character such as adding to an existing
structure, constructing a new structure, changing exterior building
materials, modifying the grade or topography.
means a modification of any architectural feature(s) or natural
feature(s) that will have a minimum effect on the defining character
and/or architectural style of a historic resource.
shall mean the Indian lands as defined by the Indian Gaming
Regulatory Act of 1988 (P.L. 100-497, codified at 25 U.S.C. Section
2701 et seq., and 18 U.S.C. Sections 1166 through 1168) (IGRA), and
any successor statute or amendments, or lands otherwise held in trust
for the Agua Caliente Band of Cahuilla Indians Tribe by the United
States within the jurisdictional boundaries of the city of Rancho
Mirage.
means the geographic location and its environs, of any proposed
or currently designated historic resource that is under the prospective
or current review and consideration pursuant to the provisions set
forth in this chapter by staff, the historic preservation commission
or the city council.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
The city may enter into Mills Act contracts, as set forth in
California Government Code Section 50280 et seq., with a property
owner or association of property owners, as may be permitted under
the Mills Act, to abate (reduce) the taxes on the property under their
respective control that has been designated a historic resource or
historic district in return for the owner's or owners' association's
binding commitment to maintain the physical integrity and character
of the historic resource or historic district in a manner consistent
with state law and the provisions set forth in this chapter.
(Ord. 833 § 4, 2003; Ord. 943 § 2, 2006; Ord. 1119 § 2, 2017)
A.
The
city shall maintain a survey and/or inventory of those structures
and sites within the city which: (1) represent an era, event, or person
important in the city's cultural, archaeological, social, economic,
architectural, and/or political history; and (2) those structures
and sites that potentially qualify to be placed or have been placed
on the National Register of Historic Places.
B.
The
survey and/or inventory and any amendments thereto shall include appropriate
written findings and photographs or other visual depictions of the
subject structure or site which demonstrate that the structure or
site does in fact represent an era, event, or person important in
the city's cultural, archaeological, social, economic, architectural,
and/or political history.
C.
Any
survey and/or inventory prepared or amended pursuant to this section
shall be presented to the historic preservation commission for its
review and recommendation to the city council.
D.
The city council shall conduct a duly noticed public hearing to determine which structures and sites should be added to or removed from the survey or inventory and which contained therein shall be deemed historic resources for purposes of this chapter. The city shall provide notice of the city council public hearing pursuant to Section 17.74.020(B) of this code.
E.
The
city council's decision shall be memorialized by a written resolution
of the city council.
F.
If
the city council's decision does not involve a remand to the historic
preservation commission, then it shall be deemed a final decision
that is not subject to any further administrative review by the city.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
A.
The
city council or the city manager, or designee, may nominate any structure
or site to be a historic resource pursuant to the criteria set forth
in this chapter.
B.
Any
city resident may submit an application to the city manager or designee
to nominate a non-owned structure or site as a historic resource that
is not listed on the city's survey/inventory, provided that the nomination
application is submitted with a bona fide historical analysis or report
prepared by a qualified historic preservation professional retained
by the nomination applicant at his or her own expense that demonstrates
the nominated structure or site qualifies to be listed on the National
Register of Historic Places. The application must be submitted with
the payment of an application fee in the amount set by resolution
of the city council which shall be refunded if the nominated structure
or site is approved as a historic resource by the city council.
C.
Within
ten days after the city or a non-owner's nomination application is
deemed complete, the city shall provide written notice to the record
owner of the nomination of the subject structure or site. Said notice
shall include: (a) whether the owner(s) consents or objects to the
nomination; (b) an explanation of the nomination process; (c) the
criteria that will be considered by the city when considering the
nomination; and (d) an explanation of the rights and benefits afforded
to the owner of a city-designated historic resource, subject to the
following:
1.
The
record owner of a nominated site or structure shall have up to fifteen
days of receipt of the nomination notice to inform the city in writing
of whether the owner consents or objects to the nomination. Failure
to respond within the designated time period shall be deemed as consent
to the nomination.
2.
Nominated
structures or sites which do not have the record owner's consent shall
be treated as follows:
a.
If the city manager or designee determines that the nominated structure
or site qualifies for listing in the National Register of Historic
Places, the owner's consent is not required, and the nomination shall
be presented to the historic preservation commission for its review
and consideration pursuant to the procedures set forth in this chapter.
b.
If the city manager or designee determines that within five years
of the date of the nomination the nominated structure or site will
be at least fifty years old and meet the criteria for listing in the
National Register of Historic Places, the owner's consent is not required
and the nomination shall be presented to the historic preservation
commission for its review and consideration pursuant to the procedures
set forth in this chapter.
D.
A property
owner may submit a nomination application to the city manager or designee
for a structure or site owned by the property owner. If the subject
structure or site is not listed on the city's survey/inventory, then
the application must include a bona fide historical analysis or report
prepared by a qualified historic preservation professional retained
by the property owner at his or her own expense that demonstrates
the nominated structure or site qualifies as a historic resource pursuant
to the criteria set forth in this chapter. The application must be
submitted with the payment of an application fee in the amount set
by resolution of the city council which shall be refunded if the nominated
structure or site is approved as a historic resource by the city council.
E.
If
the city manager or designee determines that the structure or site
does not qualify for listing in the National Register of Historic
Places, and the owner objects to the nomination, no further action
shall be taken on the nomination.
F.
If
the city manager or designee determines that a nomination warrants
being processed pursuant to the provisions of this chapter, each member
of the historic preservation commission shall be required to visit
or view the location of the nominated structure or site at the time
and in the manner established by the city manager or designee.
G.
After
each member of the historic preservation commission visits or views
the location of the nominated structure or site, the historic preservation
commission shall review and consider the nomination application pursuant
the terms and criteria set forth in this chapter in an open public
meeting. This meeting shall be scheduled within thirty days after
the nomination application has been deemed complete.
H.
If
the historic preservation commission finds and determines that the
nominated structure or site does not qualify for listing in the National
Register of Historic Places at the current time or within five years
of the date of the nomination, the nomination shall proceed no further
unless such a determination is appealed to the city council with the
owner's consent, subject to payment of the requisite appeal fee as
set forth by city council resolution. An appeal filed by the property
owner shall be processed without an appeal fee.
I.
If
the historic preservation commission finds and determines that the
nominated structure or site qualifies as a historic resource pursuant
to the terms and criteria of this chapter, the nomination shall be
presented to the city council in the context of a duly noticed public
hearing with the written recommendation of the historic preservation
commission.
J.
If
the city council finds and determines after a duly noticed public
hearing that the nominated structure or site qualifies as a historic
resource pursuant to the terms and criteria of this chapter, the city
council shall memorialize its action by a written resolution of the
city council, which shall be duly recorded by the city clerk with
the Riverside County recorder's office.
K.
If
the city council's action does not involve a remand to the historic
preservation commission, then its action shall be deemed a final decision
that is not subject to any further administrative or appellate review
by the city.
L.
In
the event the city council decides to designate a nominated structure
or site a historic resource pursuant to this chapter, the city shall
notify the owner(s) of such designation via certified mail return
receipt requested within ten days of the city council's final decision.
M.
Following
designation of a property as a historic resource by the city council,
the property owner shall be offered a historic resource plaque for
placement at the location of the historic resource. In no case shall
any historic resource plaque be placed on private property without
the record owner's or owners' written consent.
N.
Following
designation of a property as a historic resource by the city council,
the property owner shall be offered an opportunity to participate
in the Mills Act Property Tax Abatement Program.
(Ord. 833 § 4, 2003; Ord. 998 § 1, 2010; Ord. 1119 § 2, 2017)
A.
No
building permit shall be issued for major alteration or modification,
construction, or demolition regarding any nominated structure or site
while the nomination is pending review by the historic preservation
commission and/or the city council, unless it is to prevent an undue
hardship or to comply with an applicable law or ordinance or the city's
chief building official or fire marshal determines in writing that
certain facts and circumstances exist that require the issuance of
a permit in order to prevent or abate an immediate threat to public
health and safety.
B.
In
no event shall any building permit be withheld under this section
for a period exceeding ninety days. This subsection shall not apply
to any minor alteration, major alteration or demolition building permit
application pending appeal before the city council at the time of
the effective date of the ordinance codified in this chapter.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
A.
The
city may determine whether a particular structure or site qualifies
for listing with the National Register of Historic Places upon a finding
that the structure or site is at least fifty years of age and the
following criteria are met:
1.
The
quality of significance in American history, architecture, archeology,
engineering, and cultures is present in sites, buildings, structures
and objects that possess integrity of location, design, setting, materials,
workmanship, feeling, and association; and
2.
That
are associated with events that have made a significant contribution
to the broad patterns of our history; or
3.
That
are associated with the lives of persons significant in our past;
or
4.
That
embody the distinctive characteristics of a type, period, or method
of construction, or that represent the work of a master, or that possess
high artistic values, or that represent a significant and distinguishable
entity whose components may lack individual distinction; or
5.
That
have yielded or may be likely to yield, information important in prehistory
or history.
6.
In
determining whether a particular structure or site qualifies for listing
with the National Register of Historic Places, the city manager or
designee, the historic preservation commission and the city council
may consider as probative any bona fide historical analysis, report,
survey or inventory prepared by a qualified historic preservation
professional.
B.
The
city may find a particular structure or site to be a historic resource
upon finding that one or more of the following criteria are met:
1.
The
subject structure or site is representative of a particular architectural
style or reflects special elements of a historical period, type, style
or way of life important to the city;
2.
The
subject structure or site is associated with a business or use which
was once common but is now rare or non-existent within the city;
3.
The
subject structure or site is representative of the evolution or development
or associated with the cultural, religious, educational, political,
social or economic growth of the city, county, state or nation;
4.
The
subject structure or site represents the work of a master builder,
engineer, designer, artist or architect whose individual genius influenced
an era;
5.
The
subject structure or site signifies an historic event or is associated
with persons or events that have made a meaningful contribution to
the city, state or nation;
6.
The
subject structure or site has a high potential for yielding information
or archaeological interest;
7.
The
subject structure or site embodies elements of outstanding or innovative
attention to architectural or engineering design, detail, craftsmanship
or use of materials; or
8.
The
subject site contains an unusual natural feature.
C.
In
the absence of a showing that a famous or well-known individual has
made significant contributions to the city, state or nation, a former
residence of such famous or well-known individual should not qualify
as a historic resource, unless the structure itself qualifies under
the criteria set forth in this section.
D.
A structure
or site may qualify as a historic resource upon a finding that facts
and circumstances exist that meet the criteria for placing the structure
or site on the National Register of Historic Places and/or the California
Register of Historical Places.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
The time requirements set forth in this chapter shall automatically
be tolled during the course of any public hearing conducted pursuant
to this chapter.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
All historic resources shall be subject to the regulations set
forth in this chapter and any amendments to it.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
The owner of a historic resource shall keep and maintain a historic
resource consistent with all applicable standards and regulations
set forth in this code.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
A.
The
city council on its own or at the recommendation of the commission
may without the owner's consent designate any defined geographic area
within the city a historic district provided that the city council
determines that the structures or sites within the proposed historic
district share a similar history, related significance and common
architectural identity with one another. Absent the owners' consent,
the city shall not impose any special standards upon the maintenance,
preservation or rehabilitation of any of the structures or sites situated
within such a designated district.
B.
If
a majority of the total number of structures within a defined geographic
area have been deemed to be historic resources pursuant to this chapter
and a majority of the property owners within the defined geographic
area provide their written consent, then that area may be designated
a historic district at the request of the subject property owners
or their bona fide representative(s), provided that the city council
determines that the structures within the proposed historic district
share a similar history, related significance and common architectural
identity with one another and a majority of the subject property owners
agree to adopt special standards via recordable conditions, covenants,
restrictions or any other similar recordable instruments relating
to the preservation and/or rehabilitation of the common areas that
have been identified by the city to contribute to the overall integrity
or character of the proposed historic district. Any request submitted
for historic district designation by the owners or on behalf of the
owners shall be presented to the city manager or designee for the
historic preservation commission's review and recommendation to the
city council.
(Ord. 943 § 2, 2006; Ord. 1119 § 2, 2017)
A.
Building
permit applications for minor alterations, as that term is described
in this chapter, to the exterior of a historic resource or a structure
under consideration by the historic preservation commission or city
council for designation as a historic resource, shall be submitted
on a form prescribed by the city to the city manager or designee for
his or her review.
B.
Upon
receipt of a complete application which shall include the payment
of the requisite application fee, the city manager or designee shall
commence review of the subject application to determine whether the
requested alteration may result in a modification of an architectural
feature(s) or natural feature(s) that will have a detrimental effect
on the defining character and/or architectural style of the exterior
of the subject historic resource or one currently in the nomination
process.
C.
If
the city manager or designee determines that the requested alteration
will detrimentally affect a defining character and/or architectural
style of the exterior of the subject historic resource, or one within
the nomination process, then the city manager or designee may order
up to a twenty-one-day stay on further processing of the subject permit
application unless it is to prevent an undue hardship or to comply
with an applicable law or ordinance or the city's chief building official
or fire marshal determines in writing that certain facts and circumstances
exist that require the issuance of the permit in order to prevent
or abate an immediate threat to public health and safety. The stay
order shall not prevent or preclude the issuance of any other permits
the chief building official or fire marshal have determined in writing
are necessary to mitigate or abate a situation that poses an immediate
threat to public health and safety.
D.
During
any such stay ordered by the city manager or designee, the city manager
or designee in consultation with the historic preservation commission
may recommend to the applicant feasible alternatives to the proposed
alteration which may include, but are not limited to: (1) relocation;
(2) remodeling; (3) transfer of ownership; (4) financial assistance
from the city or other public agencies; (5) financial assistance from
private organizations; (6) change in use; (7) change in design; (8)
consultation with an architect paid for by the city or other public
agency; (9) change in configuration of uses; (10) change in intensity
of uses; (11) entering into a Mills Act contract with the city, and
any other alternatives not precluded by law.
E.
If
the applicant declines the alternatives recommended by the city manager
or designee, the applicant may then appeal the city manager or designee's
recommendation to the city council.
F.
Within twenty-one days after receipt of the appeal, the city council shall conduct a noticed public hearing on the appeal. The city shall provide notice of the appeal hearing pursuant to Section 17.74.020(B) of this code.
G.
The
city council may extend the stay period an additional twenty-one days
for further consideration or ratify, modify or reject the city manager
or designee's recommendation.
H.
Nothing
in this chapter shall permit the city to deny a building permit application
for a minor alteration to a historic resource, nor one within the
nomination process, despite any alternatives recommended by the city.
The city, however, reserves the right to deny a building permit application
for a minor alteration based on other applicable provisions of this
code not set forth in this chapter.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
A.
Building
permit applications for major alterations, as that term is described
in this chapter, to the exterior of a historic resource or a structure
under consideration by the historic preservation commission or city
council for designation as a historic resource, shall be submitted
to the city manager or designee on a form prescribed by the city.
B.
Within
thirty days of receipt of a complete application which shall include
the payment of the requisite application fee, the city manager or
designee shall meet with the applicant, conduct a site visit, and
cause the preparation of a staff report regarding the subject application
and submit it to the historic preservation commission for its review
and recommendation to the city council.
C.
Prior
to the historic preservation commission meeting at which the application
will be reviewed and considered, each member of the historic preservation
commission shall be required to visit or view the location of the
nominated structure or site at the time and in the manner established
by the city manager or designee.
D.
The
historic preservation commission shall review the subject application
to determine whether the requested alteration may result in a modification
of an architectural feature(s) or natural feature(s) that will have
a detrimental effect on the defining character and/or architectural
style of the exterior of the subject historic resource, or one in
the nomination process.
E.
If
the historic preservation commission determines that the requested
alteration will detrimentally affect a defining character and/or architectural
style of the exterior of the subject historic resource, or one in
the nomination process, then the commission with the consent of the
city manager or designee may order up to a twenty-one-day stay on
further processing of the subject permit application unless it is
to prevent undue hardship or to comply with an applicable law or ordinance
or the city's chief building official or fire marshal determines in
writing that certain facts and circumstances exist that require the
issuance of the permit in order to prevent or abate an immediate threat
to public health and safety. The stay order shall not prevent or preclude
the issuance of any other permits the chief building official or fire
marshal have determined in writing are necessary to mitigate or abate
a situation that poses an immediate threat to public health and safety.
F.
During
any such stay ordered by the historic preservation commission, with
the consent of the city manager or designee, the commission after
conferring with pertinent staff shall recommend to the applicant feasible
alternatives to the proposed alteration which may include, but are
not limited to: (1) relocation; (2) remodeling; (3) transfer of ownership;
(4) financial assistance from the city or other public agencies; (5)
financial assistance from private organizations; (6) change in use;
(7) change in design; (8) consultation with an architect paid for
by the city or other public agency; (9) change in configuration of
uses; (10) change in intensity of uses; (11) entering into a Mills
Act contract with the city, and any other alternatives not precluded
by law.
G.
If
the applicant objects to the alternatives recommended by the historic
preservation commission, then the applicant may appeal the commission's
recommendation to the city council.
H.
Within twenty-one days of receipt of the appeal, the city council shall conduct a public hearing on the appeal. The city shall provide notice of the appeal hearing pursuant to Section 17.74.020(B) of this code.
I.
The
city council may extend the stay period an additional twenty-one days
for further consideration or ratify, modify or reject the historic
preservation commission's recommendation.
J.
Nothing
in this chapter shall permit the city to deny a building permit application
for a major alteration to a historic resource despite any alternatives
recommended by the city. The city, however, reserves the right to
deny a building permit application for a major alteration based on
other applicable provisions on this code not set forth in this chapter.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
A.
Building
permit applications for demolition, as that term is described in this
chapter, involving a historic resource, or one in the nomination process,
shall be submitted to the city manager or designee on a form prescribed
by the city.
B.
All
building permit applications for demolition involving a historic resource,
or one in the nomination process, shall be subject to an automatic
twenty-one-day stay which shall commence upon the receipt of a complete
application which shall include the payment of the requisite application
fee. The twenty-one-day stay shall be waived if the city's chief building
official or fire marshal determines in writing that certain facts
and circumstances exist that require the issuance of the permit in
order to prevent undue hardship or to comply with an applicable law
or ordinance or to prevent or abate an immediate threat to public
health and safety. The stay order shall not prevent or preclude the
issuance of any other permits the chief building official or fire
marshal have determined in writing are necessary to mitigate or abate
a situation that poses an immediate threat to public health and safety.
C.
Within
thirty days after receipt of a complete application which shall include
the payment of the requisite application fee, the city manager or
designee shall cause the preparation of a staff report regarding the
subject application and submit the staff report to the historic preservation
commission for its review and recommendation to the city council.
D.
The
historic preservation commission with the consent of the city manager
or designee and after conferring with pertinent staff shall recommend
to the applicant feasible alternatives to the proposed demolition
which may include, but are not limited to: (1) relocation of the subject
improvement by the city or other public agencies; (2) remodeling;
(3) transfer of ownership; (4) financial assistance from the city
or other public agencies; (5) financial assistance from private organizations;
(6) change in use; (7) change in design; (8) consultation with an
architect paid for by the city; (9) change in configuration of uses;
(10) change in intensity of uses; (11) entering into a Mills Act contract
with the city, and any other alternatives not permitted by law.
E.
After
the historic preservation commission meeting, the commission shall
submit its recommendation to the city council which shall conduct
a noticed public hearing on the subject application.
F.
The
city council may extend the stay period an additional twenty-one days
for further consideration or ratify, modify or reject the historic
preservation commission's recommendation.
G.
The
city council may order the immediate issuance of the demolition permit
to prevent undue hardship or to comply with an applicable law or ordinance
or to prevent or abate an immediate threat to public health and safety.
The stay order shall not prevent or preclude the issuance of any other
permits the chief building official or fire marshal have determined
in writing are necessary to mitigate or abate a situation that poses
an immediate threat to public health and safety. The city council
shall prepare written findings that justify and support any such determination.
H.
Nothing
in this chapter shall permit the city to deny a building permit application
for demolition of a historic resource, or one in the nomination process,
despite any alternatives recommended by the city, other than the city's
agreement to relocate the historic resource as set forth in subsection
K of this section. The city also reserves the right to deny demolition
based on other applicable provisions on this code not set forth in
the chapter.
I.
The
city reserves the right to relocate any property within the city as
an alternative to granting the owner a demolition permit. The exercise
of this option shall be done with or without the owners sharing the
expense, and shall be done expeditiously.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
The written consent of the Aqua Caliente Band of Cahuilla Indians
Tribe shall be required before the application or enforcement of any
of the provisions of this chapter to lands located within the Reservation.
(Ord. 1119 § 2, 2017)
A.
Any
violation of the provisions of this chapter by any member of the public
responsible for committing, causing or maintaining such violation
shall constitute a public nuisance.
B.
Any
violation of the provisions of this chapter by any member of the public
responsible for committing, causing or maintaining such violation
shall constitute an infraction violation.
C.
Any
violation of the provisions of this chapter by any member of the public
responsible for committing, causing or maintaining such violation
shall constitute grounds for modification, suspension and/or revocation
of any permit or license issued for any use or activity in or on the
subject property.
D.
The
city reserves the right to seek additional remedies against any member
of the public responsible for committing, causing or maintaining any
violation of the provisions of this chapter such as, but not limited
to, denying or revoking certificates of occupancy, issuing stop work
orders and seeking injunctive relief.
(Ord. 833 § 4, 2003; Ord. 1119 § 2, 2017)
