A.

The town of Moraga contains historic resources that contribute to the town's character and provide a context for the town's future. Recognizing this, the town's general plan establishes a goal of preserving historic buildings and sites as a valued part of the community's character and a link to its past. In order to achieve this goal, the Moraga general plan contains several related policies, including the identification and protection of buildings, sites and other resources in the community that give residents a tie with the past.

B.

The town council finds that this Historic Preservation Ordinance will achieve the goals and policies of the Moraga general plan. The chapter is intended to:

1.

Define the nature and purpose of historic preservation and its associated terms;

2.

Provide a mechanism for designating historic landmarks;

3.

Provide incentives to property owners to encourage preservation of designated historic landmarks;

4.

Establish regulations and a permitting process for environmental changes to historic landmarks;

5.

Preserve the heritage of the town by preserving and perpetuating locations, areas, places, sites, buildings, structures, districts, monuments, works of art and other objects or things which reflect elements of the town's cultural, historical, archeological, social, economic, political, agricultural, military, educational or architectural history;

6.

Protect and enhance the town's attractiveness to residents and visitors;

7.

Enhance the visual and aesthetic character, diversity and interest of the town;

8.

Foster civic pride in the beauty and notable accomplishments of the past and enrich human life in its educational, patriotic, civic and cultural dimensions; and

9.

Promote the use and preservation of historic and/or archeological locations, places, sites, structures, districts, objects or things for the education and general welfare of the people of the town.

(Ord. No. 251, § 2, 2-11-2015)

For purposes of this chapter, unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this section:

"Certificate of approval" means a certificate issued pursuant to this chapter approving any proposed alteration to a landmark.

"Environmental change" means any change in the design or elevation of, or the exterior remodeling of, any building or landmark; or the destruction or removal of a building or landmark; or any physical change for which some land use entitlement, such as a grading permit, a building permit or site plan approval is required.

"Landmark" means any location, area, place, site, building, structure, district, natural feature, monument, work of art, or other object or thing, or portion thereof, which has been designated as a historical landmark pursuant to this chapter.

"Natural feature" means a landform, body of water, tree, orchard, significant landscaping feature, geological formation or other object of the native landscape.

"Ordinary maintenance or repair" means any work, the sole purpose and effect of which is to prevent or correct deterioration, decay or damage, including repair of damage caused by fire or other disaster and which does not result in a change in the historic appearance and materials of a landmark.

"Owner" means the person or entity whose name appears as the owner of real property on the most recent assessment roll of Contra Costa County.

"Preservation" means the identification, study, protection, restoration, rehabilitation, reconstruction, relocation or enhancement of buildings, structures, sites, improvements or natural features.

"Site" means (a) parcel(s) or portion of real property.

"Structure" means anything constructed or erected that requires a permanent location on the ground.

"Town" means the town of Moraga.

(Ord. No. 251, § 2, 2-11-2015)

A.

Criteria. In considering the designation of any area, location, site, place, building, structure, district, natural feature, monument, work of art or similar object or thing as a landmark, the town council shall apply the following criteria with respect to the proposed landmark. In order to designate a landmark, the town must find that the proposed landmark is over fifty (50) years of age (or less than fifty (50) years if it can demonstrated that sufficient time has passed to understand the historical significance of the resource) and that at least one of the following conditions apply:

1.

Its character, interest or value is part of the development, heritage or cultural characteristics of the town, the state or the United States of America;

2.

Its location is an area, place or site of a significant historic event;

3.

It is identified with a person or persons who significantly contributed to the culture, history and development of the town;

4.

It exemplifies the cultural, educational, economic, patriotic, social or historic heritage of the town;

5.

It portrays the environment of a group of people in an era of history characterized by a distinctive architectural style;

6.

It embodies distinguishing characteristics of an architectural type or specimen;

7.

It is identified as the work of an architect or master builder whose individual work has influenced the development of the town;

8.

It embodies elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;

9.

It bears a relationship to other distinctive locations, areas, places and sites which are eligible for preservation according to a plan based on a historic, educational, patriotic, cultural or architectural motif; or

10.

It has a unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, or of the entire town.

B.

Nominations. Nominations for the designation of landmarks may be made to the town council by (1) a town councilmember, planning commission, design review board, or Moraga Historical Society; or (2) the owner of the property proposed for designation.

C.

Nomination Form. The nomination shall be submitted as an application to the town of Moraga planning department, on a form prescribed by the planning director. The nomination shall include:

1.

A clear identification and description;

2.

Photographs;

3.

An explanation of the historical background of the proposed landmark;

4.

The reasons justifying the proposed designation;

5.

Other information which may be requested by the zoning administrator; and

6.

For owner requests, a processing fee established by resolution of the town council.

D.

Historic Society. The planning department shall refer all applications for nomination of landmarks to the Moraga Historical Society for comment.

E.

Interested Parties. The planning department shall refer an application for nomination of landmarks to any party that has indicated an interest in the proposed landmark for comment.

F.

Processing Nominations. The town clerk shall give notice of, and set, a public hearing on each nomination for landmark designation. The hearing shall be held within sixty (60) days after the nomination application is deemed complete.

G.

Notice. The town clerk shall give notice of the time and place of the hearing at least ten (10) days prior to the hearing by:

1.

Mailing a copy of the notice to the owner of record of the subject property;

2.

Posting a copy of the notice on a public street in a location which is as close as reasonably possible to the front of or entrance to the subject property; and

3.

Publishing the notice as a legal advertisement in a newspaper of general circulation published and circulated in the town.

H.

Hearing. The town council shall conduct a public hearing and shall provide a reasonable opportunity for all interested parties to be heard. The hearing may be continued from time to time. The town council shall consider whether the nominated property meets the criteria set forth in subsection A above and may only designate the property a landmark if it meets such criteria and if designation is consistent with the intent and purpose of this chapter.

I.

Decision. Within thirty (30) days after the conclusion of the hearing, the town council shall by resolution either designate the property as a landmark, or reject the nomination. Any resolution designating a landmark shall set forth the effects of the designation pursuant to this chapter.

J.

Notification. Upon the designation of a landmark by resolution, the town clerk shall send certified copies of the resolution to the county building inspector, the owner of the property and the Historical Society, and shall cause a copy of the resolution to be recorded in the office of the county recorder.

(Ord. No. 251, § 2, 2-11-2015)

In order to more effectively and equitably achieve the purposes of this chapter, the town shall offer incentives to the owners of designated landmarks in order to support the preservation, maintenance and appropriate rehabilitation of those resources. Incentives shall include:

A.

Variances. If the owner of a landmark requests a variance to modify zoning regulations, including parking requirements, as they apply to the landmark property, the planning commission may determine that the designation as a historical landmark constitutes a "special circumstance" applicable to the subject property within the meaning of Section 8.12.130A, (specific findings necessary for variance) and Government Code Section 65906.

B.

Mills Act. The town council encourages the owners of qualifying historic properties to participate in preserving historic landmarks by making available the use of the property tax relief incentives program known as the Mills Act. Property owners may enter into a Mills Act contract with the town of Moraga only after receiving a landmark designation pursuant to this chapter.

1.

A qualifying property is one which is designated an historic landmark pursuant to this chapter. The framework for use of the Mills Act by a city is provided in Government Code Sections 50280-50290.

2.

Mills Act contracts must be reviewed and approved by the town council. The contract is to be entered into between the town manager and the property owner, with an indication that the contract complies with the requirements of Government Code Sections 50280-50290.

3.

The contract shall be subject to final approval by the town attorney as to form and legal substance.

4.

No later than twenty (20) days after the parties execute and enter into agreement on a Mills Act contract, the town shall cause the agreement to be recorded in the office of the county recorder of the County of Contra Costa.

C.

State Historic Building Code. The town shall request exemptions from requirements of the adopted construction codes for buildings or structures constituting designated landmarks when it appears such exemptions are necessary to the preservation of historical features or elements of the landmark. Such exemptions shall be granted by the county building inspector if, in the building inspector's opinion, they will not result in any condition which is hazardous to life or property.

D.

Other Incentives. The town council may consider additional preservation incentives on a case-by-case basis. Incentives may include economic assistance, or relaxation of otherwise applicable development standards or use restrictions.

(Ord. No. 251, § 2, 2-11-2015)

Before any person who owns, rents or occupies property which has been designated as a landmark makes any environmental change to such property or landmark, he or she must first obtain a certificate of approval from the town council with respect to such environmental change.

A.

Applications. An application for a certificate of approval shall be made in writing to the planning department. The application shall be accompanied by such supporting information as would be required in order to obtain the land use entitlement required for the environmental change and any other information required to consider the findings described in this section.

B.

Recommendation by Planning Commission. Within sixty (60) days after receiving the application, the planning commission shall recommend in writing to the town council whether the application should be approved, conditionally approved or denied; and shall indicate the reasons for its recommendation.

C.

Action by town council. After receiving the recommendation of the planning commission, the town council shall consider the application at a noticed public meeting and approve, conditionally approve, or deny the application.

D.

Issuance of Certificate of Approval. The town council shall issue a certificate of approval if it finds that the environmental change proposed by the applicant:

1.

Will not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this chapter; or

2.

Is the necessary and appropriate method of remedying conditions determined in writing by the county building inspection department, fire district, or the county health department to be dangerous to life, health or property.

E.

Denial of application. If the town council finds that the proposed environmental change complies with neither of the requirements of subsection D above, it shall deny the application and the proposed environmental change shall not be made.

F.

Notification. The town manager shall send written notification of the action of the town council on an application for a certificate of approval to the applicant and the official or body authorized to act on any land use entitlement needed for the proposed environmental change.

(Ord. No. 251, § 2, 2-11-2015)

A.

The owner of a landmark shall maintain in good condition the exterior of the landmark consistent with the town's design guidelines and all interior portions of the landmark as necessary to prevent deterioration and decay of an exterior feature.

B.

Nothing in this section shall be construed to prevent the ordinary maintenance or repair of an exterior feature that does not involve an environmental change.

(Ord. No. 251, § 2, 2-11-2015)

Public agencies which own property in the town shall be notified of the provisions of this chapter and encouraged to seek the advice of the planning department before the construction, alteration or demolition of any potential historic landmark.

(Ord. No. 251, § 2, 2-11-2015)

This chapter shall not be construed to prevent any measures of construction, alteration, restoration, removal or demolition necessary to correct or abate the unsafe or dangerous condition of a structure that has been declared unsafe or dangerous by the town's chief building official or the fire marshal. Only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed under this section.

(Ord. No. 251, § 2, 2-11-2015)

A.

Any violation of this chapter or failure to comply with a condition of approval of any certificate issued pursuant to this chapter shall be a misdemeanor punishable as set forth in this Code.

B.

Any person who constructs, alters, removes or demolishes a landmark, shall be required to restore the landmark to its appearance prior to the violation to the extent such restoration is physically possible. This civil remedy shall be in addition to, and not in lieu of, any criminal remedies available.

(Ord. No. 251, § 2, 2-11-2015)