CITY COUNCIL
AGENDA
Study Session
Wednesday, September 14, 2022
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
MAYOR
Ernesto Gutierrez
CITY COUNCIL MEMBERS
Mayor Pro Tem
Rita Lamb
Councilmember
Mark Carnevale
Councilmember
Nancy Ross
Councilmember
Raymond Gregory
• CALL TO ORDER
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.
1. PUBLIC COMMENT
This is the oppo rtunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Public Comment will be limited to three (3) minutes.
2. STUDY SESSION
Normally no action is taken on Study Session items, however, the City Council reserves the right to give specific policy direction and take specific action as Cathedral City P a g e 2
necessary. Presentation will be limited to 10 minutes unless other provisions are made in advance.
A. Presentation FIND Food Bank
Recommendation: This is a presentation only, no formal action is required.
B. Review of Draft Historic Preservation Ordinance
Recommendation: This item is presented for information, discussion and direction only.
ADJOURN
NOTES TO THE PUBLIC:
The City of Cathedral City complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.
If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon at the appropriate time.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 68 -700 Avenida Lalo Guerrero during normal business hours. In addition, s uch documents will be posted on the City’s website at www.cathedralcity.gov.
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Staff Report
City Council
Item No. 2.A
Meeting Date: September 14, 2022
From: Tracey Hermosillo, City Clerk
Title: Presentation FIND Food Bank
RECOMMENDATION:
This is a presentation only, no formal action is required.
BACKGROUND:
FIND Food B ank (Food in Need Distribution) is dedicated to relieving hunger, the causes of hunger, and the problems associated with hunger through awareness, education, and mobilization of resources and community involvement. FIND’s vision is to create a community that is free of hunger and food insecurity
FIND’s food comes from donations, purchased goods, or federal government programs. The FIND team collaborates with volunteers to prepare food for distribution. Volunteers inspect, sort, repack and label food for distribution to our partner agencies and mobile markets. The Warehouse crew picks up and distributes food safely throughout eastern Riverside and south San Bernardino counties.
DISCUSSION:
September is Hunger Action Month, a time when the community comes together to raise awareness to fight hunger. Debbie Espinosa, CEO of FIND , will present information on the nationwide campaign to raise awareness and how to take action to fight hunger and the state of hunger and food insecurity in the Coachella Valley.
FISCAL IMPACT:
There is no fiscal impact with this item.
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Staff Report
City Council
Item No. 2.B
Meeting Date: September 14, 2022
From: Charles McClendon, City Manager
Title: Review of Draft Historic Preservation Ordinance
RECOMMENDATION:
This item is presented for information, discussion and direction only.
BACKGROUND:
The Historic Preservation Committee met on September 21, 2021 and during that meeting the draft historic preservation ordinance was introduced and a discussion was led by Chairperson John Rivera, who prepared the original draft. The Committee members agreed to further review the draft, submit any suggested revisions to staff and come to the next meeting prepared to further discuss the draft ordinance. Staff reviewed the comments submitted and conducted a review of the ordinance, revised the draft to incorporate suggestions made by committee members and by staff.
The Committee met again on October 26 and further reviewed the draft ordinance. It was suggested the Tribal Historic Preservation Office of the Agua Caliente Band of Cahuilla Indians should also review and comment on the draft. The City Manager and Committee Member Charlotte Hunter -Copper met with officials from the THPO on November 2, 2021. They suggested some language similar to what the Tribe provided for the Palm Springs ordinance and that has been incorporated into the draft as well.
On November 30, 2021, the Committee met and voted to forward the draft ordinance to the City Council with a recommendation for approval. Subsequently the ordinance as approved by the Commi ttee was forwarded to the Tribal Historic Preservation Office for final review and for consideration by the Tribal Council. Later in the spring, further comments were received back from the Tribe and have been incorporated in the draft ordinance, which ha s now been reviewed and formatted by the Cathedral City Attorney’s office.
The Historic Preservation Committee met again on August 23, 2022 to review the final revisions made to the ordinance as a result of the ACBCI review. The committee voted unanimously to forward the ordinance to Council with a recommendation for approval.
DISCUSSION:
The purpose for today’s agenda item is to afford the Council the opportunity to review,
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discuss and provide any feedback on the draft ordinance prior to it being placed on a Council agenda for first reading, which will likely occur on September 28 unless substantial revisions are requested by Council.
FISCAL IMPACT:
No direct costs. Staff time will be required in the future to review and evaluate projects under the ordinance and manage the Historic Preservation Committee review process.
ATTACHMENTS:
Cathedral City Historic Preservation Ordinance-w Final ACBCI edits (8-1-2022)
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ORDINANCE NO. _______,
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 phys ical 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
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certification, together with proof of posting, to be entere d 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 ____ day of _____________, 2022, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
Ernesto Gutierrez, Mayor
ATTEST:
____________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
_________________________________
Eric S. Vail, City Attorney
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Chapter 8.62 HISTORIC PRESERVATION
Article I. General Provisions
8.62.010 Purpose and authority.
This chapter is adopted pursuant to the authority of Government Code Section XXXXX 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.
“Cathedral City Historic Preservation Committee (CCHPC)” means the Committee as established in Chapter 2.31 of the Cathedral City Municipal Code. “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 District” shall mean any area of the City of Cathedral City, excluding Tribal Trust or Allotted Trust Land, containing a number of structures, natural features or sites having historic, architectural, archaeological, cultural or aesthetic significance and designated as an historic district under the provisions of this chapter. “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 unique or significant 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
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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 for Designation of Historic Sites or Historic Districts
8.62.100 Created by council.
The City Council may designate one or more historic sites or districts by following the procedures specified in this Chapter. Designations will be made by categorizing nominated sites and districts into one of the following classifications and such other categories as may be designated by resolution:
Class 1.
Structure/site qualified for city designation may be qualified at the federal, state and/or county level. Archival file will be maintained. Structure/site may not be modified nor designated objects removed without review by the Historic Preservation Committee
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and subsequent approval of the city council; reasonable accommodation may be considered for change of use by the City Council to the extent allowed within the requirements of the United States Department of the Interior – National Park Service – Secretary of the Interior’s Standards for the Treatment of Historic Properties. Site will be plaqued. (Intended for use when the structure or site still exists as it did during the historical period or is restorable). The Class 1 designation excludes structures/sites that are located on Tribal Trust or Allotted Trust Land.
Class 2.
Site qualified for city designation may be qualified at the federal, state and/or county level. Archival file will be maintained. Site is eligible for plaquing. Intended for use when the site is occupied by a modern structure or use which is different than that of the historical period or if structure is unusable, nonconforming, unrestorable, or the like. The Class 2 designation excludes sites that are located on Tribal Trust or Allotted Trust Land.
Class 3.
Structure/site was constructed before 1965, or a year to be determined by the City Council, or construction date cannot be confirmed. Eligible for a six-month stay of demolition. Action of the CCHPC may include recommendation to reclassify. All structures built prior to the subject date would be automatically so classified. The Class 3 designation excludes structures/sites that are located on Tribal Trust or Allotted Trust Land.
Historic District.
Qualified for city designation may be qualified at the federal, state and/or county level. Archival file will be maintained and shall contain a map delineating contributing, noncontributing structures and excluded structures or sites. Contributing structures/sites shall be subject to Class 1 regulations until such time that they may be reclassified.
Noncontributing structures/sites shall be subject to review by the CCHPC before demolition or construction. A specific plan, containing special regulations pertaining to the subject area, may be adopted for each district. Individual property owners may petition the Historic Preservation Committee to opt out of inclusion in the designated district subject to approval of the City Council. The Historic District designation excludes structures/sites located within the District that are located on Tribal Trust or Allotted Trust Land.
8.62.110 Investigation and study.
The historic preservation committee shall conduct or cause to be conducted such preliminary surveys, studies or investigations as it deems necessary to adequately inform the historic preservation committee and city council prior to the public hearing
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and shall make available to any interested person the results of any such survey, study or investigation.
8.62.120 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 or district or within 300 feet of the outer boundaries of the area proposed to be designated as an historic site or district, 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 such 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 commission; 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 commission. 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.
8.62.130 Findings and recommendation to the city council.
Following such public hearing, the historic preservation committee shall make findings upon which it shall base its recommendation to the city council concerning the designation of such proposed historic site or district. Within thirty days after the conclusion of the public hearing, the historic preservation committee shall forward its recommendation to the city council, together with a report of findings, hearings, and other supporting data.
8.62.140 Public hearing by city council.
The city council shall hold a public hearing upon notice given in the same manner and to the same persons as required for the public hearing before the historic preservation committee, which notices may be combined as stated elsewhere in this chapter.
8.62.150 Conduct of hearing.
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At the public hearing the city council shall receive all evidence and hear all interested persons.
8.62.160 Findings and decisions—Resolution.
If the city council shall find that the purposes of this chapter are furthered by designation of property as an historic site or district, such findings shall be stated in a resolution designating such property within such historic site or district. From and after the adoption of such resolution, all property within such historic site or district shall be subject to the rules and regulations governing the demolition, preservation, rehabilitation or alteration of historic sites.
8.62.170 Markers for designated historic sites.
A. Upon designation of an historic site by the city council, the historic preservation committee may determine which historic sites shall be marked with uniform and distinctive markers. 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.
8.62.180 Initiation of proceedings—National Register of Historic Places.
A. The historic preservation committee may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the National Register by motion and shall then hold at least one public hearing prior to making a recommendation to the city council.
B. The city council may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the National Register by motion and shall then refer to the matter to the historic preservation committee for public hearing and recommendation.
C. Upon final action by the city council recommending a property for nomination to the National Register, the recommendation will be forwarded by appropriate application to the state of California Department of Parks and Recreation, except that recommendations for National Register nominations that involve resources located on the Reservation are sent to the Tribal Historic Preservation Officer in accordance with section 8.62.400 as said section is amended, renumbered, or restated from time to time.
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Article III. Rules and Regulations for Historic Sites and Historic Districts
8.62.200 Stay of demolition.
At any time after the initiation of proceedings for designation of an historic site or district, the historic preservation committee may, upon its own motion or upon the application of any interested person, issue an order staying any proposed or threatened demolition or alteration of the exterior of any structure within or upon such proposed site. Such stay order shall be effective for no longer than one hundred twenty days, and is intended to afford time for necessary studies, hearings and determination whether such site should be designated as an historic site. Such stay order may be extended once for a period not to exceed sixty days.
8.62.210 Effect of stay order—Exceptions.
Upon the issuance of a stay order, no permit shall be given for the demolition or exterior alteration of any structure or the interior arrangement of a public building described in such stay order, 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 chief building official of the city to be performed by the owner or occupier of such structure.
8.62.220 Approval required.
No person may undertake any of the following within or upon a Class 1 historic site without a certificate of approval from the historic preservation committee:
A. Construction of a new structure without prior review and approval by the planning commission;
B. The moving, demolition or alteration of an existing structure in any manner which affects the exterior appearance of the structure without prior review and approval by the planning commission;
C. A change in land use which affects the exterior appearance of a structure or the interior arrangement of public buildings without prior review and approval by the planning commission;
D. The erection, remodeling or replacing of a sign which affects the exterior appearance of a structure without prior review and approval by the planning commission.
8.62.230 Application for permit to construct or alter structures.
A person who desires to construct (including new construction), alter, move or
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demolish a structure within or upon a Class 1 historic site or an historic district shall file an application upon a form prescribed by the city. The application shall include all necessary information required by the rules of the historic preservation committee.
When the application is filed, it shall be referred to the historic preservation committee for review at its next meeting and a copy of the application shall be provided to the Tribal Historic Preservation Officer.
8.62.240 Factors to be considered upon application.
In reviewing and acting upon each application, the historic preservation committee shall consider:
A. The historic value and significance, or the architectural value and significance or both, of the structure and its relation to the historic value of the surrounding area; B. The relationship of the exterior architectural features of any structure to the rest of the structure itself and to the surrounding area;
C. The general compatibility of exterior design, arrangement, texture and material which is proposed by the applicant;
D. Archaeological or ecological significance of the area.
8.62.250 Action restricted to exterior features—Exception.
The historic preservation committee shall consider and pass upon only the exterior features of a structure and may not consider the interior arrangement of the structure, except in the case of public buildings. 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.
It is the purpose and intent of this chapter that the committee be strict in its judgment of plans for structures considered to have historic or architectural value according to its judgment after detailed studies of the historic and architectural history of the city.
It is also the purpose of this chapter and the intent of the city council that the committee be lenient in its judgment of plans for structures which have little or no historic value or plans for new construction except for plans which seriously impair the historic or architectural value of surrounding structures or the archaeological or ecological value of surrounding area. In adopting this chapter the city council does not intend to limit new construction, alteration. or repairs to any particular period or architectural style.
8.62.260 Procedure upon application.
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A. Upon the filing of an application, committee shall set the matter for review and shall give notice in accordance with the rules of the committee. The committee shall make its decision within forty-five days from the date the application is filed.
If the committee fails to act within forty-five days, the application is considered approved unless the applicant and the committee agree to an extension of time.
B. At the conclusion of its review, the committee shall make its decision and forward its recommendation to the City Council. No person may do any work upon a structure which is a subject of an application until authorized by the City Council.
If the committee files a notice of rejection, the building official may not issue a building permit for such work.
8.62.270 Special considerations.
A. If an application affects the exterior appearance of a structure or proposes to demolish a structure in a manner which the committee considers to be detrimental to the city, the committee shall attempt, in cooperation with the owner, to arrive at an economically feasible plan for the preservation of the structure to the extent allowed within the requirements of the United States Department of the Interior – National Park Service – Secretary of the Interior’s Standards for the Treatment of Historic Properties. A determination shall be recommended by the committee for one of the following methods of preservation:
1. Preservation
a. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.
b. The historic character of a property will be retained and preserved.
The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
c. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.
d. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
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e. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
f. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture.
g. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
h. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
2. Rehabilitation
a. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
b. The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. c. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
d. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
e. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
f. Deteriorated historic features will be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
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g. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
h. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
i. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
j. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
3. Restoration
a. A property will be used as it was historically or be given a new use which reflects the property's restoration period.
b. Materials and features from the restoration period will be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period will not be undertaken.
c. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.
d. Materials, features, spaces, and finishes that characterize other historical periods will be documented prior to their alteration or removal. e. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.
f. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires
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replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. g. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.
h. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
i. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
j. Designs that were never executed historically will not be constructed.
4. Reconstruction
a. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.
b. Reconstruction of a landscape, building, structure, or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.
c. Reconstruction will include measures to preserve any remaining historic materials, features, and spatial relationships. d. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the non-surviving historic property in materials, design, color, and texture.
e. A reconstruction will be clearly identified as a contemporary re-
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creation.
f. Designs that were never executed historically will not be constructed.
A. If the committee is satisfied that the proposed construction or alteration will not materially impair the historic or architectural value of the structure, it shall recommend approval of the application.
B. If the committee finds that the retention of the structure constitutes a hazard to public safety and the hazard cannot be eliminated by economic means available to the owner, it shall recommend approval of the application.
C. The committee may recommend approval of the application if any of the following circumstances exist:
D. The structure is a deterrent to a major improvement program which substantially benefits the city;
E. Retention of the structure causes an undue hardship to the owner; or F. Retention of the structure is not in the interest of the majority of the inhabitants of the city.
G. The committee may recommend approval of the moving of a structure of historical architectural value as an alternative to demolition.
8.62.280 Limit on applications.
No application for the same or similar work may be filed within one year after the committee has rejected it.
8.62.290 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 within an historic district or upon an historic site, provided said maintenance or repair does not exceed one percent of the assessed value of the property.
8.62.300 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.
8.62.310 Appeal.
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Attachment: Cathedral City Historic Preservation Ordinance-w Final ACBCI edits (8-1-2022) (3390 : Review of Draft Historic Preservation
Any person aggrieved by an action of the historic preservation committee may appeal the decision to the city council in the manner provided by Chapter XXXX of this code.
8.62.320 Penalty for violation.
Any person who violates a provision of this chapter is guilty of an infraction and shall be punished upon first conviction by a fine not exceeding five hundred dollars for such offense. Any person who violates a provision of this chapter within five years of a prior conviction on the same grounds under this chapter shall forfeit their historic designation granted by Cathedral City and may not re-apply for an historic designation for a period of not less than five years.
8.62.330 Injunctive relief.
The committee may seek relief from the appropriate court to restrain or enjoin any violation of this chapter and of the orders and decisions of the committee, or to compel the reconstruction of any building, structure or object which is destroyed in violation of this chapter or the orders and decisions of the committee.
8.62.340 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.
Article IV. Acknowledgement of Tribal Authority
8.62.400 Tribal Authority over the Designation of Historic Resources 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 or historic district 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 resources or historic districts on Tribal Trust or Allotted Trust Lands.
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Attachment: Cathedral City Historic Preservation Ordinance-w Final ACBCI edits (8-1-2022) (3390 : Review of Draft Historic Preservation
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 resources and historic districts 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 3 or Class 4 Buildings (Reservation Fee Land, Tribal Trust Land, Allotted Trust Land).
Any application for demolition or alteration of a Class 1 or Class 2 structure 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 structures 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 structures on Tribal Trust or Allotted Trust Land.
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Attachment: Cathedral City Historic Preservation Ordinance-w Final ACBCI edits (8-1-2022) (3390 : Review of Draft Historic Preservation