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HomeMy WebLinkAboutTC Res 1973-01-22 (2) RESOLUTION NO. 504 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON OF ITS INtENTION 'l'O ADOPT AN ORDINANCE PRESERVING HIS'l'ORIC IANIM\RKS WHEREAS, the City Council finds it necessary for the protection of the public health, safety and welfare to provide for regulations to preserve historic lan{marks; and WHEREAS, such regulations may be initiated by resolution of the City Council; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tiburon does hereby declare its intention to adopt the ordinance attached hereto as Exhibit A and instructs the Planning Commi- ssion to conduct a public hearing on the proposed ord1aance and to forward to the City Council its report following the public hearing. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on January 22, 1973, by the following vote: AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ATTEST: a~r6~ BERT Bt\LMER, City Manager/City Clerk Draft date: January 22, 1973 ORDINANCE NO. N. S. AN ORDINANCE OF THE CITY OF TIBURON ADDING CHAPI'ER l3B TO THE TIBURON MUNICIPAL CODE TO PROVIDE FOR THE PRESERVATION OF HISTORIC LANDMARKS The City Council of the City of Tiburon does hereby ordain as follows: Section 1. Amendment. The Tiburon Municipal Code is hereby amended by add1ng Chapter 13B, to read as follows: "CHAPfER l3B. HISTORIC LANDMARKS. Sec. l3B-l. Purpose of chapter. The purpose of this chapter, which is adopted pursuant to Section 37361 of the Government Code of the State of Cali- fornia, is to promote the general and economic welfare of the City of Tiburon by preserving and protecting those places, sites, buildings, structures, works of art and other objects having a special historical, cultural or aesthetic character or interest for the use, education and view of the general public, and to remind all citizens of this city and visitors from elsewhere of thehistorical background of the City of Tiburon. Sec. 13B-2. Advisory landmark committee - Establishment. The Tiburon Advisory Landmark Committee shall be esta- blished by resolution of the city council, which resolution shall provide for the number of persons composing said commit- tee, the terms for which persons shall serve on said committee, conduct of the affairs of said committee, and assistance to the committee by officers and employees of the city. Sec. 13B-3. Designation of aistorical landmarks - Procedure. The advisory landmark committee is hereby authorized and directed to receive and act upon applications from any in- terested persons to investigate and designate places, sites, buildings, structures, works of art and other objects within the incorporated limits of the city as having historic, cultu- ral, aesthetic or other special character or interest, and being worthy of consideration for protection, enhancement or perpetuation as such. Such designation, together with any con- ditions ~posed in connection therewith, shall remain and be in effect for a period of 180 days only and thereafter shall be of no force and effect unless prior to the expiration of said period of 180 days, the city council shall have set a date for a public hearing, advertise the same once in a newspaper of general circulation in the city at least ten days prior to the date set for said public hearing, and shall have confirmed the action of the advisory landmark committee within the salG ~:/ day period as to said designation and the conditions or any of Draft date: 1/16/73 1. them imposed in connection therewith. In cases where private property is the subject of the hearing, notice shall be served by mail upon the awrer and lienholders of record of said pro- perty at least ten cays prior to the date set for said public hearing. Sec. l3B-4. Planning commission - Reference to and report by. Upon receipt of "any application for designation of any place, site, buj~ding, structure, work of art, or other object within the incoJ.:porated limits of the city as an historical landmark by th~ advisory landmark committee, said committee shall refer said application to the planning commission of the city with a request for a report and recommendations with regard to such designation, which report and recommendations may in- clude any and all observations, information and recommendations as to necessary or desirable conditions in connection therewith which appear desirable to the planning commission upon considera- tion thereof. Said report may include but shall not be limited to, such matters as compatibility with the general plan, general public interest, zoning, traffic or other problems which may appear to be affected by or created by the proposed designation. No action shall be taken by the advisory landmark committee within less than five days following receipt of said report from the planning commission. Following any action recommending the designation of any place, site, building, structure, work of art or other object as an historical landmark, the report and recommendation of the advisory landmark committee shall be for- warded to the city council, which shall thereafter set the public hearing thereon as provided herein. The report of the planning commission shall be forwarded to the city council to- gether with any report or recommendation by the advisory land- mark committee. Sec. 13B-5. Standards to be applied in designating historical landmarks. In designating any place, site, building, structure, work of art or other object as being of historical, cultural, aesthetic or other special character or interest, and worthy of protection under this chapter, the advisory landmark committee and the city council shall be subject to the following express standards: (1) The landmark designated shall have historical, cul- tural, aesthetic or special character or interest for the general public and not be limited only in interest to a special group of persons. (2) The designation of such as a landmark hereunder shall not be detrimental to the general welfare of the community. (3) The designation of such landmark shall not require the expenditure of an unreasonable amount of money to carry out the purposes of this chapter. In applying this provision it is the intent of this chapter that whenever a landmark proposed to hQ c::n ~Qq" ano"o~ ~.. ...,...:............ ...._"'...,,-+-.... ,.,.....-""....~.; hl'r'~S for its up- keep, preservClLiUU, U1d.LllL~nClll\,;t:: ClllU protection shall be made by the owner thereof in all but the most exceptional cases. If upon careful review by the advisory landmark committee it is )raft date: 1/16/73 2. proposed that public funds be expended for the preservation, restoration, maintenance or protection thereof, or any other purpose in connection with said designation, the recommenda- tion made by said committee to the city council shall set forth that fact, and shall set forth in full the reasons therefor, and shall include a statement setting as accurately as possible the estimated cost in public funds, which would be so involved. The cLty cuuncil, in acting upon said pro- posed designation, shall also determine whether the expenditure of public funds in connection therewith is justified. In the event that such designation would be ineffective for the pre- servation, restoration or protection of the proposed land.- mark, without such expenditure, and the city council determines that said expenditure is not justified, the place, site, buil- ding, structure, work of art or other object, which is the subject of the proposal, shall not be designated an historical landmark. - (4) The designation of such landmark shall not infringe upon the right of a private owner thereof, if such there be, to make any and all reasonable uses of such landmark which are not in conflict with the purposes of this chapter. Sec. 13B-6. Conditions of designation. The advisory landmark committee shall temporarily impose and recon1ffiend to the city council for permanent adop- tion any or all of the following types of conditions it deems best suited to carry out the purposes of this chapter. Such imposition and recommendation may be made either in connection with t he original designation of the landmark or at a later date wh~n circumstances appear to justify the imposition of additional conditions. Pending action of the city cauncil, such conditions shall remain in effect for a period of 180 days from and after action of the committee. If the city coun- cil does not take action upon such conditions they shall be of no further force and effect ~fter the termination of the said 180 day period. The city council may set a public hearing to be advertised once in a newspaper of general circulation in the city at least ten days prior to the date of such hearing. In all cases where private property is the subject of the hearing, notice of the hearing shall be served by mail upon the property owner and lienholders of record of said property at least ten days prior to the date set for said hearing. The city council, before acting on the recommended conditions, shall give notice to the owner and lienholders of record of the subject property as herein provided. At such hearing the city council may approve, modify or disapprove the conditions to be imposed. The action of the city council shall be final and shall take effect immediately. Sec. 13B-7. Conditions that may be imposed. The types of conditions that may be imposed pursuant to Sec. 13B-6 above are as follows: (1) Demolition, removal, or destruction, either in whole or in part, may be prohibited unless express consent, in writing, / Draft date: 1/16/73 3. is first had and obtained from the advisory landmark committee. Such consent may impose all reasonable conditions deemed appro- priate by the committee to accomplish the purposes of this chap- ter. (2) No permits shall be issued by any city department for any alterations, repairs, additions-or changes, other than normal maintenance and repair work unless and until all plans therefor have first been reviewed by the advisory landmark com- mittee and approved, or approved as modified, and such reason- able conditions may be imposed as deemed necessary. All such work shall be done under the direction and control of the advi- sory landmark committee or other qualified persons designated by it for such purpose; provided, however, that conditions imposed as a condition of approval of alterations, repairs, additions or changes shall be final when ~posed by the advisory landmark committee, and unless they affect conditions imposed by the council need not be reviewed by the city council as in Sec. l3B-6 hereinabove provided. " (3) That only certain specified uses may be made or that certain specified uses shall be prohibited. (4) That no buildings or structures exposed to public view within a specified distance may be placed, erected, moved, altered, enlarged or removed, other than normal maintenance and repair work, without approval and in accordance with reasonable conditions imposed where deemed necessary by the advisory land- mark committee. (5) That if the landmark to be designated is a building, said building shall be open to the public at such reasonable times and intervals as shall be determined by the advisory land- mark committee. (6) Any other reasonable requirements, restrictions or conditions deemed necessary by the advisory landmark committee to meet special or unique circ~tances affecting the subject place, site, building, structure, work of art or other object. Sec. l3B-8. Funds. The advisory landmark committee, or other interested per- sons, may petition the city council for funds necessary to carry out the purposes of this chapter. The city council may expend all reasonable s~ needed to carry out the purposes of this chapter or to acquire fee title or such lesser ownership rights, or easements, as it deems necessary or expedient to carry out the purposes of this chapter. Sec. 13B-9. Appeals. Any person may appeal in writing to the city council from any action of the advisory landmark committee by filing notice of such appeal with the city clerk within 15 days from the date of such action, and the city council shall set a public hearing, notice of which shall be duly advertised once in a newspaper of general circulation in the city, at least ten days before the date of such hearing to consider such appeal. In all cases where private property is the subject of the action which is \ Draft date: 1/16/73 4. .,\~y~ appealed. from, notice of the hearing shall be served by mail upon the owner and lienholders of record of said property at least ten days prio~ to the date set for said public hearing. At said hearing the city council may affirm, modify or set aside any or all such actions of the advisory landmark committee. Sec. l3B-lO. Enforcement. Any building or'structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, ,or any permit issued hereunder, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this chap- ter, or any permit issued hereunder, shall be, and the same is, hereby declared to be unlawful and a public nuisance; and the city attorney shall, upon order of the city council, commence action or proceedings for the abatement and removal and enjoin- ment thereof in the manner provided by law and the ordinances of this city and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using property contrary to the provisions of this chapter. The remedies provided for herein shall be cumulative and not exclusive. All costs relating to the enforcement of the provisions of this chapter shall be borne by and recoverable from the person or persons in violation thereof. Sec. 13B-lI. Penalties. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misde- meanor and upon conviction thereof shall be fined in an amount not exceeding Five Hundred Dollars ($500.00) or be imprisoned for a period not exceeding six (6) months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitu~e a separate offense and shall be punishable as such hereunder." Section 2. Separability. If any section, subsection, sen- tence, clause or phrase of th1S ordinance is for any reason held to be invalid, such decision shall not affect the validity of the re- maining portions of this ordinance. The City Council of the City of Tiburon hereby declares that it would have adopted the ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid. Section 3. Effective Date. This ordinance shall take effect and be in force thirty days after its passage, and before the expira- tion of fifteen days after its passage, the same shall be published, Draft date: 1/16/73 5. ~ith the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the ;ity' of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council )f the City of Tiburon held on , 1973, by the fol- Lowing vo te : AYES: NOES: Councilmen: Councilmen: ABSENT: Councilmen: .TTEST : ~~~LL ERr BALMER, City Manager/Clerk ~ft date: 1/16/73 ALBERT H. St:NNETT Mayor of the City of Tiburon 6.