HomeMy WebLinkAbout128-88 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. 128
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.
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 adopted a revised General Plan on October 5, 1987
which also emphasizes preservation of historic resources.
At the direction of the Town Council, a Historic Resource
Committee is currently developing designation criteria and
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/or and sites in the Town will be proposed for adoption.
Until the Council adopts historic preservation 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. 128
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 ApDlication and Approvals 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 set
forth in 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
proD~rty which is consistent with the general
plan and conforms to the requirements of the
zoning ordinance; and
Page 2 of Ordinance No. 128
(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 Takinq 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. A consultant has
been hired to take an inventory of all builders more than 50
years old within the Town limits. A Historic Resource Committee
is currently reviewing the development policies concerning
historic preservation in light of the goals and policies of the
Town's General Plan and the Downtown Master 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 ~s a~op~ un~r Cov~rnmant Code section 65858.
This ordinance takes effect immediately.
Page 3 of Ordinance 128
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 January 21 , 1988 by the following vote:
AYES: Greenberg, Kennett, Lane, Ritchey, Schlendorf
NOES: None
ABSENT: None
None
MAYOR
ATTEST: ~~
Page 4 of Ordinance No. 128
A~
Exhibit "A" to
Interim Ordinance No. 128
The regulations of Ordinance No. 128 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 which are more than 50 years old including, but
not limited to:
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