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HomeMy WebLinkAboutTC Ord 2008-03-05 ORDINANCE NO. 503 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING CHAPTER 13B AND ADDING A NEW CHAPTER 13B OF THE TIBURON MUNICIPAL CODE WITH RESPECT TO HISTORICAL LANDMARKS Section 1. Findines. WHEREAS, the Town of Tiburon has a long and rich history, both in its regionally significant railroad, maritime and agricultural industries, and the unique character of its historic buildings and other structures; and WHEREAS, the character of the Town is threatened by new, more modem development at or near historic and/or aesthetic resources; and WHEREAS, the Town Council has determined that the Town's existing provisions with respect to historical landmarks are outdated and in need of revision; and WHEREAS, the Town Council has held public hearings on February 20,2008 and March 5, 2008, and has considered any public testimony on this matter; and WHEREAS, all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Town Council has found that the proposed Municipal Code revision is consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Town Council has found that the adoption of this ordinance is categorically exempt from the requirements ofCEQA per Section 15305 of the CEQA Guidelines and is also exempt under the general rule set forth in Section 15062( c )(2) of the CEQA Guidelines. Section 2. Chapter 13B of the Tiburon Municipal Code Repealed. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Tiburon that Chapter 13B (Historic Landmarks) of the Tiburon Municipal Code is hereby repealed. Section 3. Chapter 13B of the Tiburon Municipal Code Added. BE IT FURTHER ORDAINED that a new Chapter 13B entitled "Historical Landmarks" is hereby added to the Tiburon Municipal Code as follows: Town of Tiburon Ordinance No. 503 N.s. Adopted 03/05/2008 - Effective 04/04/2008 Page 1 of5 Chapter 13B: Historical Landmarks 13B-l. Purpose. The purpose of this chapter, which is adopted pursuant to California Government Code section 37361, is to promote the general and economic welfare of the town by preserving, enhancing, or perpetuating those places, buildings, structures, works of art and other objects having a special historical interest or value for their use, education and view of the general public, and to remind all citizens of this town, and visitors from elsewhere, of the historical background of the town. 13B-2. Procedure for designation of historical landmarks. The procedure for designation of an historical landmark is as follows: (a) Application filing. Any person may file an application with the Director of Community Development seeking the designation of a place, building, structure, work of art or other object as an historical landmark of the Town of Tiburon. Said application shall be accompanied by a filing fee set by resolution of the Town Council and by relevant application materials specified on historical landmark designation application forms available from the Community Development Department. The Director of Community Development shall promptly inform the property owner in writing of the filing of the application. Other than with respect to application on Town Property, once the Director of Community Development has accepted the application as complete for processing purposes it shall be referred to the Heritage & Arts Commission as set forth in subsection (b) below. The Director of Community Development may, in his sole discretion, refer said application to the Planning Commission or any other Town board or commission for comment prior to referral to the Heritage & Arts Commission. Subsection (c) below sets forth the procedure for applications involving Town Property. (b) Referral to Heritage & Arts Commission. The Heritage & Arts Commission shall, within ninety (90) days of receipt of the referral, review and make a recommendation to the Town Council on all applications referred to the Heritage & Arts Commission for historical landmark designation. Said recommendation shall be by Resolution. The Heritage & Arts Commission shall hold a public hearing, noticed in accordance with provisions of Government Code section 65091, prior to making its recommendation to the Town Council. Reasonable efforts shall be made to provide notice to tenants or lessees of the place, building, or structure on which the historical designation would be applied. (c) Applications involving Town Property. If the application proposes the designation of a place, building, structure, work of art or other object that is Town- owned or is located on Town-owned land, the application, once accepted as complete for processing purposes by the Director of Community Development, shall be immediately transmitted to the Town Council to determine whether it will grant its proprietary consent for processing of the application. If the Town Council declines its consent, then the application shall be terminated. If the Town Council Town ofTiburon Ordinance No. 503 N.S. Adopted 03/05/2008 - Effective 04/04/2008 Page 2 of5 grants its consent, then the application shall be referred to the Heritage & Arts Commission as set forth in subsection (b) above. (d) Hearing and Decision by Town Council. No more than sixty (60) days after receipt of the Heritage & Arts Commission recommendation, the Town Council shall hold a public hearing, noticed in accordance with provisions of Government Code section 65091, prior to deliberating on the recommendation of the Heritage & Arts Commission and prior to taking action on an application for historical landmark designation. The Town Council may, in its sole discretion, approve, approve with conditions, or deny an application for historical landmark designation. ( e) Extension of deadlines in this Section. The Director of Community Development may extend any deadlines in this section for good cause, provided that the Town Council acts on the application within one-hundred eighty (180) days of the application's completion date. The Town Council must find good cause for and approve any time extensions that result in Council action on the application one-hundred eighty (180) days or more after the application's completion date. 13B-3. Criteria to be applied in designating historical landmarks. In reviewing applications for historical landmark designation, the following criteria shall be used by the Heritage & Arts Commission in making its recommendation to the Town Council, and shall be used by the Town Council in making its decision on an application: (a) The landmark designated shall have historical interest or value for the general public and not be limited only in interest to a special group of persons. (b) The landmark designated shall be at least fifty (50) years of age. (c) The designation shall be consistent with the general plan and zoning regulations and with any adopted master plans, precise plans, development plans, or capital improvement plans of the town. (d) The designation shall not be detrimental to the general welfare of the community, including but not limited to factors such as traffic, noise or congestion. ( e) The designation shall not require the expenditure of an unreasonable amount of money by any affected party in order to carry out the purposes of this chapter. (f) The designation shall not infringe upon the right of any private owner to make any and all reasonable uses of such landmark that are not in conflict with the purposes of this chapter. III III Town ofTiburon Ordinance No. 503 N.s. Adopted 03/05/2008 - Effective 04/04/2008 Page 3 of5 13B-4. Conditions of designation. As part of its recommendation to the Town Council, the Heritage & Arts Commission may propose any or all of the following types of conditions it deems best suited to carry out the purposes of this chapter: (a) Demolition, removal, or destruction of the historical landmark, either in whole or in part, may be prohibited unless express consent, in writing, is first obtained from the Heritage & Arts Commission. Such consent may impose all reasonable conditions deemed appropriate by said Commission to accomplish the purposes of this chapter. (b) No permits shall be issued by any town department for any alterations, repairs, additions or changes, other than routine maintenance and repair work, without prior review and approval by the Heritage & Arts Commission. (c) That only certain specified uses may be allowed or that certain specified uses shall be prohibited. (d) Conditions related to ongoing funding, maintenance, and liability associated with an historical landmark. ( e) That no buildings or structures exposed to public view within a specified distance of the historical landmark may be placed, erected, moved, removed, enlarged, or altered (excepting routine maintenance and repair work) in a manner that would materially detract from the public visibility and/or enjoyment of the historical landmark, without prior review and approval by the Heritage & Arts Commission. (f) If the proposed historical landmark is a building, such building shall be open to the public at such reasonable times and intervals as set forth in the historical landmark designation approval. (g) Any other reasonable requirements, restrictions or conditions deemed necessary or appropriate to meet special or unique circumstances affecting the place, building, structure, work of art or other object to be designated as a historical landmark. 13B-5. Appeals. Any person may appeal in writing within ten (10) days any decision of the Heritage & Arts Commission, Director of Community Development, or other town official that would otherwise be final (i.e. is not simply a recommendation or referral). The appeal shall be filed with the Town Clerk on the prescribed town appeal form and shall be accompanied by the required filing fee. The Town Council shall hear the appeal and render a decision on the appeal within sixty (60) days of the filing of the appeal. The timely decision requirement may be waived by the applicant and/or appellant. The appeal shall be heard in accordance with procedures set forth in Tiburon Municipal Code sections 16-3.8.3 and 16-3.8.4, or successor sections thereto. Town ofTiburon Ordinance No. 503 NS. Adopted 03/05/2008 - Effective 04/04/2008 Page 40f5 13B-6. Violations and Enforcement. In addition to all other remedies available under this Code or state law, any violation of this chapter shall be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be borne by and recoverable from the person in violation thereof. Section 4. Severabilitv. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more section, sentences, clauses or phrases be declared invalid. Section 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage. At least five (5) days prior to its adoption, and within fifteen (15) days after its adoption, summaries of this Ordinance, the latter summary to include the names of those Town Council members voting for and against the Ordinance, shall be published once in a newspaper of general circulation published in the County of Marin and circulated in the Town of Tiburon. At the time of the publication of each summary, the Town shall post in the Office of the Town Clerk a copy of the full text of this Ordinance in compliance with Government Code Section 39633( c )(1). This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on February 20,2008, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on March 5, 2008 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Gram, Berger, Collins, Fredericks, Slavitz None None :~~~CLERK Town ofTiburon Ordinance No. 503 NS. Adopted 03/05/2008 - Effective 04/04/2008 Page 5 of5