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ENVIRONMENTAL ASSESSMENT The proposed new section of the Pleasanton Municipal Code has no possibility to have a significant effect on the environmental and it therefore exempt from the California Environmental Quality Act per Title 14 Cal. Code of Regulations §15061(b)(3). SUMMARY/CONCLUSION The proposed ordinance aims to further the preservation of historic buildings by creating disincentives (fines and restrictions on future development) for unpermitted demolitions and alterations. A fine could be up to the appraised value; and the amount of the fine can be appealed. The restrictions on future development have a long-time frame of 20 years so that speculative owners cannot hope to illegally demolish or alter a historic building and then rapidly build and sell a new, larger home. Primary Authors: Larissa Seto, Assistant City Attorney, 925-931-5023 or Isetocityofpleasantonca.gov Steve Otto, Senior Planner, 925-931-5608 of sotto(a�cityofpleasantonca.gov Reviewed/Approved By: Ellen Clark, Planning Manager Brian Dolan, Acting Director of Community Development Project No. P19-0342, Citywide Planning Commission 5 of 5 Restrictions on Future Development If an owner is found to have illegally altered or demolished an historic building, then the proposed ordinance allows the imposition of future development limitations as follows: 1. Restrict the new or replacement development6 to not be bigger than the demolished historic building in terms of: • Square footage; • Floor area ratio; • Height; and • Location (e.g. setbacks and separation between structures) 2. Have the above restrictions in place for twenty (20) years 3. Only allow a relaxation of these limitations if a new project is approved by the Zoning Administrator, Planning Commission or City Council. This provision is included to allow some reasonable flexibility for a current or future property owner to propose a replacement building (or to modify an existing building) in a manner that would exceed the strict limitations. The policy interests behind these restrictions on future development include: (a) discouraging property owners from believing that the illegal demolition of a historic building will allow the immediate replacement with a new larger structure; and (b) keeping replacement structures in scale with neighborhood character. PUBLIC NOTICE Notice of this item was published in a newspaper of general circulation with the regular Planning Commission agenda, as well as posted on the City's website. City staff also met with representatives of the Pleasanton Heritage Association. 6 The proposed ordinance intentionally does not prohibit new construction for a certain period of time, as is the practice in a few other communities, as long-term vacant lots are not a policy interest. Project No. P19-0342, Citywide Planning Commission 4 of 5 rhangs like that put up and we are worried it would look out of place. During the design review hearing process it became very clear that no matter what we said or how it affected us, this was going to get approved. During the hearing we suggested an II at its closest point,a larger setback than the standards would require. The proposed addition would be built directly above the existing garage and would maintain the existing building setback. P19-0130 Planning Commission 11 of 15