The purpose of this chapter is to create a zoning overlay district and strict regulations applicable to this district which will implement the general plan by assuring appropriate development consistent with the goals and policies of the general plan; deter the inappropriate demolition, destruction, alteration, misuse and neglect of architecturally interesting and significant structures in and the built context of the district; revitalize the economic growth and health of and foster civic pride in downtown Pleasanton; stabilize and enhance the value of property; create and renew proper relationships between tax revenues of real property and the cost of municipal services; implement the downtown hospitality guidelines by assuring special downtown accessory entertainment uses located in the downtown operate in a manner consistent with the intent of the downtown hospitality guidelines; and thereby promote and protect the health, safety, comfort, appearance and general welfare of the community.

There is hereby created a zoning overlay district known as the Downtown Pleasanton Revitalization district (hereinafter referred to as "district") the boundaries of which are as shown on Figure 18.74.020 at the end of this chapter.

Within this district are two overlay areas, the downtown hospitality central core area and the downtown hospitality transition area as designated on the Downtown Hospitality Area map shown on Figure 18.74.025 at the end of this chapter. The downtown hospitality transition area overlay includes the public park, Civic Park, at the intersection of Main Street and Bernal Avenue.

The regulations applicable to the district contained in this chapter are in addition to regulations otherwise applicable to the area within the district; provided, however, that where regulations conflict the provisions of this chapter shall control.

The city council, following recommendations by the planning commission, shall adopt downtown Pleasanton design guidelines for the district. Such guidelines may be amended from time to time following the same procedure. The zoning administrator, planning commission and the city council shall adhere to the adopted guidelines in reviewing all applications for permits, licenses, certificates or other approval or entitlement of use relating to improvements or demolition proposed within the district, and no such applications shall be approved unless consistent with the adopted guidelines.

Any person proposing to construct or locate any improvement subject to design review shall file, prior to filing for the first required permit, an application for design review with the zoning administrator. Such application shall be in the form and contain the materials required by the zoning administrator under Chapter 18.20 of this title.

Where the application is solely for a sign permit, items constituting the proposed architectural plan shall be those items required by Section 18.74.050 of this chapter for all elevations from which the proposed signs are visible and such additional items as are established by the zoning administrator as necessary or convenient to the review and decision.

If the architectural plan is approved and the applicant agrees to the conditions of approval, the applicant shall file the following information with the planning division prior to receipt of a building permit, license certificate or other approval:

The zoning administrator shall examine the material submitted with the application by considering the following aspects for conformance with the purpose of this chapter:

All signs not specifically permitted, excepted or exempted by provision of this chapter are prohibited. Once a use ceases to exist on a site, all signs (both conforming and nonconforming) identifying said use shall be removed within 30 days, and the surface on which the sign was mounted or attached shall be patched, painted and otherwise repaired to remove all evidence of the former sign.

The zoning administrator, within six months of the effective date of the ordinance codified in this chapter, shall complete a sign inventory of all signs within the district, both conforming and nonconforming.

No building façade shall have more than two different types of signs, menu boards excepted, otherwise allowed by this chapter. No building or business may have more than one removable freestanding sign (e.g., menu display, freestanding sidewalk sign) on display at any time.

The following signs shall be removed by the person in possession or control of the premises within 30 days of the effective date of the ordinance codified in this chapter:

No person shall demolish or remove an existing structure, including a structure of primary or secondary significance, without first obtaining a certificate of appropriateness from the planning commission. Structures of primary or secondary significance are those determined to be so by the city council, from time to time, and adopted pursuant to the regulations governing adoption and changes in the downtown Pleasanton design guidelines. all applications for demolition permits shall be forwarded upon receipt by the chief building official to the planning commission. If the application for demolition is clear the property of a structure, which in the opinion of the chief building official could be subject to proceedings for the abatement of hazardous buildings under this code, then the applicant shall not be required to submit, with this application, materials sufficient to enable the planning commission to determine that the proposed future use including the design is consistent with the adopted guidelines. In all other cases the applicant shall submit material sufficient for such review. The commission has the authority to deny a certificate of appropriateness or to delay the issuance of the certificate in accordance with the standards set forth under Section 18.74.190 of this chapter. The commission may delay issuance for 90 days for a structure of secondary significance and 180 days for a structure of primary significance.

Upon receipt of an application for a permit to demolish, the commission shall set a time and place for review and public hearing on the application and shall give the owner or applicant and all other persons who have indicated their interest in the application written notice. Such hearing shall be held not later than 30 days after receipt of the application by the commission. The commission shall issue a final decision not later than 15 days after closure of the public hearing. If the commission fails to hold the hearing or take final action within the time period specified or as extended by mutual agreement, the application shall be deemed to be approved. Whenever an application is so deemed approved it shall automatically be deemed appealed to the city council. The city council shall hear the appeal in accordance with the procedures set forth in this code for appeals. In case of a denial or delay, the commission shall state its reasons therefor in writing. In case of approval of the application, the commission shall issue a certificate of appropriateness.

If the commission finds that: (1) the proposed demolition of a structure would be inappropriate or inconsistent with the purposes of this chapter, or that (2) the proposed demolition would have an adverse effect on adjoining property, or on the built context, or that (3) the proposed future use and design of the property would be inconsistent with this chapter or the adopted guidelines, then the commission shall deny the certificate of appropriateness, unless the applicant establishes to the satisfaction of the commission that there is unnecessary hardship in the strict application of this chapter. To establish hardship, the applicant must show that no reasonable use of the property can be made unless the structure is demolished. The applicant must also show that the hardship is the result of the application of the chapter and is not the result of any act or omission by the applicant or the applicant's predecessor in interest. If the commission finds that such unnecessary hardship exists, it shall approve the certificate of appropriateness unless the proposed demolition would alter the essential character of the built context. In such case, the commission shall delay issuance of the certificate for 180 days for structures of primary significance and 90 days for structures of secondary significance. During the delay period, the commission shall take such action as it deems necessary to preserve the structure. Such action may include negotiations with civic groups, public or private agencies or individuals for the purchase, lease or relocation of the structure. The Commission may also suggest eminent domain proceedings be initiated by the city council.

Every person in possession or control of a nonsingle-family residence structure and appurtenant premises in the district shall maintain and keep in good repair such structure and premises. Structures and appurtenant premises in good repair present no material variance in apparent condition from surrounding structures in compliance with these requirements. "Good repair" means and includes that level of maintenance and repair which: (1) clearly ensured the continued availability of such structure and premises for lawful reasonable uses; (2) prevents deterioration, dilapidation and decay of any exterior portion of such structure and premises; and (3) avoids impairment to surrounding structures of the benefits of the district.

The following vehicle related uses of property and structures along Main Street within the district are not required to make reasonable use of such property or structures, are inconsistent with the architectural character and purpose of the district, and are prohibited:

Setback of structures from property lines along Main Street is prohibited. Setback of structures located elsewhere within the district is permitted and may be required in those cases where the zoning administrator finds that the architectural character of the district and the built context of the improvement will be enhanced while not depriving the owner of substantially all reasonable use of his or her property.

Along façades on Main Street only, the zoning administrator may allow projections consistent with the adopted guidelines and may, where necessary to the design solution, allow such projections to turn the corner onto another façade. The zoning administrator may allow awnings anywhere in the district. With the exception of sign and building ornamentation as otherwise allowed under this chapter and of projections permitted by the zoning administrator under this section, no part of any structure may project onto or overhang the public right-of-way.

No building permit, license, certificate or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any matter subject to the provisions of this chapter except in strict conformity with the requirements of this chapter and none shall be issued or given until the time to appeal has run without appeal. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to design review until the zoning administrator has certified that the improvement has been completed in accordance with the final architectural plan approved pursuant to this chapter. Any permit, license, certificate or other approval or entitlement given in violation of this chapter is void.