City of Pleasanton
12/11/2019 11:31:39 AM
12/11/2019 11:31:36 AM
CITY CLERK - TYPE
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BACKGROUND <br /> Historic buildings are a community resource, and the City lists historic resources in the <br /> General Plan, has an inventory of historic residential structures in the Downtown <br /> Specific Plan area, and has determined other structures to be historic resources in other <br /> City documents.' <br /> When the owner of a historic building seeks to alter such building through renovation, or <br /> remove by relocation or demolition, that is typically considered in conjunction with an <br /> application for new development.2 Rarely, a historic building may be determined by the <br /> Chief Building and Safety Official to be a "dangerous building" - an immediate health <br /> and safety danger, and may be demolished.3 To prevent owners from allowing their <br /> buildings to become dangerous, the municipal code prohibits the demolition of a historic <br /> building through neglect or lack of maintenance.4 <br /> DISCUSSION <br /> To discourage and penalize unpermitted historic building demolition or alteration, a <br /> proposed new Municipal Code Section 18.140.030 (Attachment 1) would be triggered <br /> when the owner of a historic building: <br /> 1. Demolishes all or part of a historic building without the proper approval from the <br /> City, or authorization from the Building and Safety Division due to a dangerous <br /> building condition; <br /> 2. Moves a historic building from its original site without City approval; <br /> 3. Demolishes a building by neglect or lack of maintenance; or <br /> 4. Alters the historic elements beyond granted approvals. <br /> The proposed ordinance would create a strong disincentive to illegal demolition or <br /> alteration by imposing fines and restrictions on future development. Approaches in other <br /> communities were considered when developing these proposed fines and restrictions.5 <br /> Fines. The proposed ordinance allows for a fine to be imposed that is based on the <br /> greater of either: <br /> (1) the appraised value of the building, or altered portions of the building, before <br /> demolition, using a licensed appraiser selected by the city; or <br /> (2) the replacement value of the demolished building, or altered portions of the <br /> building. <br /> ' See: General Plan -Open Space and Conservation Element- Policy 5; General Plan Historic <br /> Neighborhoods and Structures Table 7-3; Downtown Specific Plan HP-G.3.; and Residential Structures in <br /> Residential Districts in the Downtown Specific Plan Area that were Determined to be Historic Resources. <br /> 2 See Municipal Code§18.74.170— Process for Certificate of Appropriateness to demolish historic <br /> building in Downtown Revitalization District; and Municipal Code Chapter 18.20— process for design <br /> review which would include alteration or demolition of historic building. <br /> ' See Municipal Code§20.04.090 and Chapter 20.32. <br /> 4 See Municipal Code§§9.28.025 and 18.74.200. <br /> 'The Planning Commission's 11/13/2019 staff report, Attachment 3, includes a table of limitations and <br /> penalties imposed in other jurisdictions. <br /> Page 2 of 4 <br />
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