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HomeMy WebLinkAboutOrd 942-1984 ORDINANCE NO. 942-84 AN INTERIM ORDINANCE REPEALING ORDINANCE NO. 937 AND PROHIBITING ALTERATION OR DESTRUCTION OF LANDMARKS WHICH MAY CONFLICT WITH ZONING PROPOSALS RELATED TO GENERAL PLAN AMENDMENTS THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. ORDINANCE NO. 937 REPEALED. Ordinance No. 937 entitled, "An Interim Ordinance Prohibiting Alteration or Destruction of Landmarks Which May Conflict with Zoning Proposals Related to General Plan Amendments" is hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act committed or omitted in violation of said Ordinance No. 937 prior to the effective date of this Ordinance. SECTION 2. PURPOSE. The purpose of this ordinance is to prohibit alteration or demolition of landmarks which may be in conflict with contemplated zoning pro- posals related to a General Plan Amendment now being considered by the South San Francisco City Council. SECTION 3. FINDINGS AND DETERMINATIONS. The City Council finds and determines as follows: 3.1 General Plan. The General Plan of the City of South San Francisco adopted by Resolution No. 3825 on December 2, 1963, amended by Resolution No. 5073 on April 21, 1969, and thereafter amended, is a compatible long-term General Plan for physical development of the City, containing a statement of development policies, including diagrams and texts setting forth objectives, principles, standards, and planned proposals and includes"~the mandatory elements-reqU~-~ed by the relevant sections of the Government Code, and further casts the pattern of land uses in the City of South San Francisco. -1- 2.2 General Plan and Zoning Consistency. The City is required to achieve zoning consistency pursuant to Government Code Section 65860 so that the various land uses authorized by Title 20 of the South San Francisco Municipal Code and the Zoning Ordinance are compatible with the objec- tives, policies, general land uses and programs specified in the General Plan. 3.3 Alteration or Demolition of Landmarks Which May Not Be Consistent with the General Plan. There exist in the City of South San Francisco numerous landmarks as defined in Section ~ of thSs Ordinance which, if not protected, might be destroyed by the natural progression of development. The City Council is undertaking to cause certain amendments to the General Plan which would set forth policies designed to protect such landmarks. Destruction or alteration of such landmarks pending the adoption of said General Plan Amendment and concomitant regulations could result in~]the irreversible loss of historical and cultural treasures and would defeat the purpose of and be inconsistent with said General Plan Amendment. ~.4 Finding of Immediate Threat to Public Health, Safety or Welfare. Based upon the foregoing findings, there is a current and immediate threat to the public welfare, and the approval of building permits or any other applicable entitlement which is required in order to alter or demolish landmarks in the City of South San Francisco would result in a threat to the public welfare. -2- 3.5 Prohibition of Alteration or Demolition of Landmarks Which May Be in Conflict with the Contemplated Zoning Proposal; Exceptions. It is necessary to presently prohibit alteration or demolition of landmarks which may be in conflict with said contemplated zoning proposal. Alteration or demolition of landmarks may conflict with said contemplated zoning proposal and should be prohibited from and after the effective date of this Ordinance to protect the public welfare. SECTION 4. ALTERATION OR DEMOLITION OF STRUCTURES PROHIBITED. Commencing on the effective date of this Ordinance and continuing to and including the twenty-fourth (24th) day of February, 1984, which is forty- five days after the adoption and effective date of Ordinance No. 937 repealed here- inabove, no structures may be altered or demolished nor may any permits to alter or demolish a structure be issued in the City of South San Francisco except as provided in Section 5 of this Ordinance. SECTION 5. ALTERATION OR DEMOLITION OF STRUCTURES; USE PERMIT REQUIRED. Notwithstanding the prohibition contained in Section 4 of this Ordinance, a structure may be altered or demolished if: A. The owner of the structure to be altered or demolished has, prior to the effective date of this Ordinance, obtained a permit or other entitlement from the City of South San Francisco which clearly contemplated the alteration or demolition of said structure; or B. The owner of the structure to be altered or demolished obtains a Building Permit from the Building Division as provided in Section 7 of this Ordinance. -3- SECTION 6. DEFINITIONS. A. "Landmark" means a place, building, structure, work of art, or other object, having a special character or special historical or aesthetic interest or value, within the meaning of Government Code Section 37361. B. "Alteration" means an exterior change or modification through public or private action, of any given thing including exterior changes to or modification of structure, architectural details, visual characteristics such as type or texture of materials used, new structures, and the placement or removal ofanyexterior objects such as signs, placques, light fixtures or walls. C. "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surface of a landmark, including, but not limited to, the type and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such landmark. D. "Object" means a material thing of functional, aesthetic, cultural, symbolic or scientific value, usually by design or nature movable. E. "Demolition" means the tearing down or razing of a given thing. F. "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. SECTION 7. BUILDING PERMITS; PROCEDURE. A. Except as otherwise provided herein, building permits for the alteration or demolition of structures shall be issued by the Building Division, Department of Public Services, only after the following procedure has been satisfied: (1) The Director of Community Development, or his designee, shall -4- review all building permit applications requesting or otherwise involving alteration or demolition to determine whether or not the structure to be altered or demolished is a "Landmark" as defined herein and shall render his written decision within ten (10) working days of receipt of the appli- cation. The Director shall give the City Council a written report of his determination in each case. (2) The Director shall notify the President of the South San Francisco Historical Society of his determination in each case. (3) Upon receipt of the Director's written decision, any City Council member, may give the Director of Community Development written noti- fication that said Council member disagrees with the Director's decision and request that said permit or permits be agendized for consideration at the next City Council meeting; but in no event later than fifteen (15) days after the issuance of the Director's decision. (4) If disagreement is expressed by a City Council member as set forth in subsection A(3) above, the City Council shall, within fifteen (15) calendar days of the date of issuance of the Director's decision, determine whether or not it disagrees with the Director's decision and instruct the Director to act on the application in accordance with the Council's findings. (5) Failure of the City Council to act on an application within fifteen (15) days of the issuance of the Direcor's decision shall constitute approval by the City Council of the determination of the Director of Community Development. B. The Director of Community Development and/or the City Council shall approve issuance of an alteration or demolition permit only if the following findings are made: -5- (1) The structure to be altered or demolished is not a "Landmark" as defined herein; or (2) The issuance of said building permit is conditioned upon rea- sonable measures designed to mitigate the effects of the proposed alteration or demolition by preventing the irreversible loss of valuable cultural or historical features of the structure or site. C. The Building Division shall not issue said requested demolition or alteration permit until after it has received a report from the Director of Community Development of the City Council's determination in each case. SECTION 8. APPEALS. The applicant for a permit to alter or demolish a structure may appeal to the City Council the Director of Community Development's determination of any matter contemplated in this Ordinance; said appeal shall be made by filing a written notice of appeal with the City Clerk within fifteen (15) calendar days after the Director of Community Development's decision. The City Council shall set a date to hear said appeal and shall publish notice'of said hearing at least ten days prior to said hearing; within a reasonable t~me after the hearSng,'~the Council shall affirm, modify or reverse the decisioh of the Director of'Community Development. SECTION 9. VIOLATIONS; PENALTY Any person, firm, partnership, corporation or association of any kind violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. SECTION 10. URGENCY MEASURE. This Ordinance i$ declared to be an urgency measure adopted pursuant to the provisions of Government Code Section 65858, in that it is for the immediate -6- preservation of the public peace, health and safety and protects the public safety, health and welfare. The Council finds and declares that the facts set forth in Section 3 of this Ordinance entitled, "FINDINGS AND DETERMINATIONS" constitute the urgency and adopts said findings and determinations as a declaration of said facts, in addition to the authorization for this urgency Ordinance set forth in Government Code Section 65858. SECTION 1~. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once as required by law in the Enter- prise Journal, a newspaper of general circulation in the City of South San Francisco, and shall take effect as an urgency measure immediately upon its adoption. Passed and adopted as an urgency Ordinance of the City of South San Francisco in accordance with Government Code Section 65858 at a regular meeting of the City Council of the City of South San Francisco this25th day of January , 1984, by the following vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte. Richard A. Haffe~v; and Gus Nicolopulos None NOES: ABSENT: Councilwoman Roberta Cerri Teglia As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 2~ day of January , 1984. -7-