Pleasanton City Zoning Code
CHAPTER 18
140 PENALTIES
§ 18.140.010 Violation-Penalty.
B.
Any structure or sign erected, moved, altered, enlarged, or maintained, and any use of a site contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, sign or use, and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering or enlarging the structure or sign or using the site contrary to the provisions of this title.
C.
All remedies provided for in this section shall be cumulative and not exclusive.
(Prior code §2-12.22; Ord. 1168 § 3, 1984)
§ 18.140.020 Voidable conveyances.
Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title shall be voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representative, or trustee in insolvency, or bankruptcy, within one year after the date of execution of the deed of conveyance, sale or contract to sell; but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase other than those above enumerated, and upon the grantor, vendor, or person contracting to sell or his or her assignee, heir, or devisee.
(Prior code § 2-12.23)
§ 18.140.030 Fines and restrictions on future development for illegal historic building demolition.
A.
Any property owner who demolishes, or causes to be demolished, any historic building in the city is subject to fines and restrictions on future development unless the owner received prior written city approval: in conjunction with a new development application or other code provision; or the chief building and safety official made a determination of a dangerous building pursuant to Chapter 20.32.
1.
A "historic building" is a building which meets the eligibility criteria for the National Register of Historic Places or the California Register of Historical Resources; is listed as a historic resource in the Pleasanton General Plan; or is a historic resource determined by the city in other documents.
2.
"Demolition" means: dismantlement, tear down, or deconstruction of buildings, structures and their components, or portions thereof; removal of a historic building from its original site (unless approved by the city); and demolition by neglect (see Sections 9.28.025 and 18.74.200). Alterations to a historic building beyond the approvals granted by the city can also be a demolition.
B.
Fines. In the reasonable determination of the director of community development, the fine for an unpermitted demolition shall be based on an amount up to the greater of: (1) the appraised value of the building, or altered portions of the building, before demolition, using a licensed appraiser selected by the city; or (2) the replacement value of the demolished building, or altered portion[ of the building.
C.
Restrictions on Future Development. New or replacement development on the property shall not exceed the demolished historic building's original:
1.
Square footage;
2.
Floor area ratio;
3.
Height; and
4.
Location (e.g., setbacks and separation between structures).
If the original historic building's size, height, or location does not comply with current zoning (i.e., it was legal nonconforming), a new or replacement development shall not be allowed to continue such noncompliance, unless otherwise approved by the city. |
New or replacement construction shall be built in the same or another appropriate historical style as described in the Pleasanton Downtown Historic Context Statement (2015) or other city document; and shall be of the same or better quality of design and level of architectural detail as the building that was altered or demolished. |
These restrictions shall be in place for a period of 20 years from the date of the unlawful demolition; and shall be recorded against the title of the property as a Notice of Violation and Covenant of Future Development Restrictions. |
An owner may be relieved of these restrictions in conjunction with a subsequent zoning approval from the zoning administrator, planning commission or city council. |
(Ord. 2204 § 3, 2019)