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Home My WebLink About123-87 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: ) ) Adopting as an Urgency ) Measure an Interim Ordinance ) to Suspend Issuance of ) ORDINANCE NO. 123 Demolition and Other Permits ) for Historic Structures ) ) The Town Council of the Town of Danville does ordain as follows: Section 1. Findings and Declaration of Intent. The Town of Danville incorporated on July 1, 1982. One of the principal reasons that the Town incorporated was to control on a local level the decisions affecting the appearance, improvements, development and growth of the Town. A General Plan for the Town was adopted by the Danville Town Council on October 18, 1982. The General Plan states, "The Town of Danville can achieve its separate identity through well defined entry points and preservation of local landmarks...". (page 59) On November 20, 1986 the Town Council adopted the Downtown Master Plan (Resolution No. 107). That plan emphasizes enhancement and preservation of the historic character of Old Town and the desire to achieve design compatibility with the existing historic character. It also includes an implementation measure to prepare and adopt a historical preservation ordinance. The Town is in the process of adopting a revised General Plan. It is expected the new Plan will be adopted within 6 months. The proposed new plan also emphasizes preservation of historic resources. At the direction of the Town Council, the planning staff is currently reviewing the development policies applied to historic districts and sites to insure their protection and preservation. The Town Council intends to study and to have its Planning Commission and Planning Department study and recommend, within a reasonable time, policies for historic preservation. It is likely that a comprehensive ordinance designed to protect historical districts and sites in the Town will be proposed for adoption. until the Counoil adopts h~s~or~e p~rvation policies the staff has no basis to deny specific requests for demolition permits in areas which are critical to historic preservation. Page 1 of Ordinance No. 123 ' 4 The Council finds that there is a current and immediate threat to the public health, safety and welfare, and that the approval of demolition permits for historic structures would result in a threat to public health, safety and welfare because any such demolition would undermine and frustrate the historic preservation policies which the Town has adopted. In order to avoid granting approvals for a project which may frustrate or conflict with historic preservation guidelines and regulations which the Town may adopt in the near future, the Council finds that it is necessary to adopt the regulations set forth in this ordinance. Section 2. Purpose. The purpose of this ordinance is to place a moratorium on the issuance of a demolition or other permit to demolish, move, remove or alter a structure (1) within Old Town or (2) which may be designated as a historic structure. Section 3. Moratorium on Application and ApDrovals for Demolition and Alterations. During the period this ordinance is in effect, the Town may not issue a demolition or other permit to demolish, move, remove or alter a structure (1) within Old Town or (2) which may be designated as a historic structure except as noted in Section 4 of this ordinance. The Old Town historic district and the historic structures which are subject to this ordinance are included in, but not limited to, Exhibit "A". Section 4. Exceptions. a. This ordinance does not apply to the demolition, moving, removal or alteration of a structure in an emergency or if the demolition, moving or removal is necessary to protect the public health or safety or alteration. b. This ordinance does not apply to the demolition, moving, removal or alteration of a structure if, based upon evidence presented by an applicant, the Town Council makes all of the following findings and orders the issuance of a permit: (1) a structure regulated by this ordinance has no economical uses and demolition of the existing structure is necessary to proceed with an economic use; (2) the applicant proposes an alternative use for the property which ks con=i~%ent with the general plan and conforms to the requirements of the zoning ordinance; and Page 2 of Ordinance No. 123 (3) the applicant will proceed diligently and expeditiously with development for the alternative use. c. This ordinance does not apply to the demolition, moving, removal or altering of a structure that has previously been granted such a permit. d. This ordinance does not apply to the demolition, moving, removal or alteration of a structure that, upon completion of research, is determined to have no potential historical significance. Section 6. Policies and Procedures. The Town Council may adopt policies and procedures to implement this interim ordinance. Section 7 Duration. This interim ordinance is adopted under the authority of Government Code section 65858 and shall remain in effect for 45 days from the date of adoption and is then repealed, unless a subsequent ordinance extends the date. Section 8. Urgency and Taking Effect. This ordinance is an urgency ordinance and is for the immediate preservation of the public health, safety and welfare. The facts constituting the urgency are these: the Town of Danville incorporated on July 1, 1982. The planning staff is currently reviewing the development policies concerning historic preservation in light of the goals and policies of the Town's General Plan, the Downtown Master Plan and the proposed new General Plan. The adoption of the ordinance is necessary in order to prevent demolition or removal of historic structures which may be in conflict with a contemplated zoning proposal which the Town Council, Planning Commission and Planning Department are studying. If during the time the proposed regulations are being studied and proposed for adoption, persons could undertake demolition, removal or alteration which would conflict with those regulations, then the goals of the General Plan and Downtown Master Plan sought to be implemented by them would be undermined and frustrated. It is possible, and in some instances likely, that such demolition, removal or alteration may not conform to the regulations or the requirements imposed by the Town under those regulations, thereby destroying the usefulness of the regulations. This ordinance is adopted under Government Code section 65858. This ordinance takes effect immediately. Page 3 of Ordinance 123 · v Section 9. Publication. The City Clerk shall have this ordinance published once within 15 days after adoption in a newspaper of general circulation. The foregoing ordinance was introduced, adopted and ordered published at a meeting of the Town Council of the Town of Danville held on Auqust 3 , 1987 by the following vote: AYES: Kennett, Lane, McNeely, Schlendorf NOES: None ABSENT: None ABSTAIN: Offenhartz MAYoR~ ~/ ATTEST: CITF CLERK Page 4 of Ordinance No. 123 Exhibit "A" to Interim Ordinance No. 123 The regulations of Ordinance No. 123 apply to the following: A. Old Town historic district: structures along both sides of the street in the area bounded by Hartz Avenue, Railroad Avenue and Front Street from Love Lane to Hartz Avenue/Railroad Avenue southern junction. B. Other Structures located outside the Old Town historic district: Sycamore School/Tassajara Road White Gate Farm/Green Valley & Stone Valley Roads "Tao House" - Eugene O'Neill Home Robert Love Home/Love Lane Osborne Home (Joel Boone home)/Diablo Road San Damiano Retreat Podva Ranch House (Podva Lane) A.J. Young Home/San Ramon Valley Boulevard Charles Gardner Goold Home Blackhawk Ranch Quarry Leonard Eddy Cabin/Tassajara Road Philip Mendenhall Home - ,,Woodside"/Tassajara Road Baldwin Home Alamo Cemetery Olde Oak Tree Smith Ranch House/Smith & Oak Roads Macomber House/Linda Mesa August Humburg House Lone Pine Ranch/Stone Valley Road