Chapter 6 — AUTO DISMANTLING BUSINESS

Sec. 9-6.01. - Definitions.

For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Auto dismantler" shall mean every person who buys, sells, stores, exchanges, or otherwise deals in, or in any other manner comes into possession of, motor vehicles, as such term is defined in the Vehicle Code of the State, for the purpose of selling, storing, dismantling, or disassembling such motor vehicles, or who stores, sells, dismantles, or disassembles any such motor vehicles, whether for the purpose of utilizing, selling, storing, or otherwise disposing of the component parts or materials of such vehicles, including the disposal thereof as junk. "Auto dismantler" shall also include junk yards, automotive graveyards, and scrap metal facilities as defined in the Vehicle Code of the State.

(b)

"Auto dismantling establishment" shall mean any premises on which any person engages in the occupation of an auto dismantler.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.02. - Compliance.

It shall be unlawful for any person to engage in, permit, carry on, conduct, or in any way participate in the business of an auto dismantler except in conformance with the provisions of this chapter.

(§ II, 439-85, eff. February 27, 1985)

Sec. 9-6.03. - Permits: Required.

The business of an auto dismantler may be carried on only after securing a use permit in accordance with the provisions of this chapter and the provisions of Article 33 of Chapter 4 of this title. It shall be unlawful for any person to operate or maintain an auto dismantling establishment in violation of any of the conditions set forth in such use permit.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.04. - Permits: Fees.

Fees for permits to engage in business as an auto dismantler shall be required as established and periodically updated by the Council.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.05. - Permits: Nontransferable.

No permit to engage in business as an auto dismantler shall be assignable or transferable in any way, and if there shall be any change whatsoever in the ownership or operation of such business, the use shall be permitted to continue, and a new permit shall be required after making an application therefor as set forth in this chapter.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.06. - Enclosures.

Every auto dismantling establishment shall be carried on, maintained, or conducted entirely within an enclosed building or buildings, unless the premises on which such business is carried on, maintained, or conducted shall be entirely enclosed by a fence eight (8′) feet in height. Such fence shall be constructed of such materials and in such a manner as to completely obscure the vision of the site from the adjacent streets and shall conform to all the regulations and laws relating to such structures. The Planning Commission may require increased fence height if necessary to completely obscure the vision of the site.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.07. - Maintenance of grounds.

The entire area of auto dismantling establishments at all times shall be kept free from grass, weeds, rubbish, and other accumulations which in any way constitute a fire hazard or a nesting or breeding place for rats, mice, and other rodents. Landscaping shall be provided and maintained as required by the City.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.08. - Storage.

(a)

Height limit: Proximity to fences and walls. No automobile bodies, salvage parts, metals, tires, or accessories shall be piled or stacked to a height in excess of eight (8′) feet and in no event higher than the enclosing fence or wall or nearer than two (2′) feet thereto.

(b)

Passageways. All automobile parts, bodies, salvage parts, metals, tires, and accessories shall be piled or stacked neatly in rows with a sufficient number of clear and adequate passageways to allow the free and unobstructed access and movement of the Public Safety Department in the event of fire.

(c)

Approval of Director of Public Safety. The manner of handling and keeping dismantled automobiles and parts thereof shall at all times be subject to the approval of the Director of Public Safety.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.09. - Emptying gasoline tanks and crankcases.

Immediately upon the receipt of a wrecked or damaged automobile to be dismantled, the gasoline tank crankcase shall be emptied completely of their contents and all gas and oil properly contained and disposed of so as to avoid the danger of fire or explosion. All gasoline and oil shall be stored so as not to contaminate soil and water.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.10. - Records.

All auto dismantlers shall maintain all records as required by the Vehicle Code of the State and make all such records, including those on purchases, assignments, sales, and exchanges of dismantled automobiles, available for inspection by the City at all times.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.11. - Inspections of premises.

Every auto dismantling establishment, and every part thereof, at all times shall be open to inspection by fire, health, and police officers, building inspectors, and other authorized public officials as shall be designated from time to time by the Council.

(§ II, Ord. 439-85, eff. February 27, 1985)

Sec. 9-6.12. - Conformance.

Any auto dismantling establishment in existence on February 27, 1985, which constitutes a lawful nonconforming use according to the provisions of Article 30 of Chapter 4 of this title shall be permitted to continue provided that, on or before August 27, 1985, such establishment obtains a use permit and comes into conformity with the requirements of this chapter.

(§ II, Ord. 439-85, eff. February 27, 1985)

CHAPTER 7. - HISTORIC PRESERVATION Article 1. - Historic Preservation

Sec. 9-7.101. - Purpose.

In view of the great economic, social, and aesthetic importance of the City's historic sites, it is determined that historic preservation is in the interest of the public welfare and is a public benefit. The purpose of this chapter is to:

(a)

Promote the use and enjoyment of historic and cultural resources for the public's education, pleasure, and welfare;

(b)

Encourage the preservation and continued use by the owners of historic landmarks:

(c)

Recognize and preserve structures, natural features, and sites within the City having historic, archaeological, architectural, cultural, or aesthetic significance:

(d)

Foster public appreciation and civic pride in the City and its past:

(e)

Protect and enhance the City's attractions for the benefit of residents, tourists, and visitors and strengthen the economy of the City;

(f)

Integrate the preservation of historic resources as early as possible into public and private planning and development processes;

(g)

Protect and enhance property values; and

(h)

Increase economic and financial benefits to the City and its inhabitants.

(§ 1, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.102. - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Adobe" shall mean an unburnt, sun-dried brick or a building made of adobe bricks.

(b)

"Alteration" shall mean any exterior change or modification, through public or private action, of any cultural resource or of any historic property, including, but not limited to, exterior changes to or modifications of structures, architectural details, or visual characteristics, such as paint color and surface texture, grading, surface paving, new structures, the cutting or removal of trees and other natural features, the disturbance of archaeological sites or areas, and the placement or removal of any exterior objects, such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the exterior visual qualities of the property.

(c)

"Archaeological" shall mean anything pertaining to the scientific study of the life and culture of earlier peoples by the excavation of sites and relics, both historic and prehistoric.

(d)

"Architectural" shall mean anything pertaining to the science, art, or profession of designing and constructing buildings.

(e)

"City" shall mean the City of Pacifica.

(f)

"Construction" shall mean the putting together, erecting, or arrangement of materials to form a new building or structure, or portion thereof.

(g)

"Cultural" shall mean anything pertaining to the concepts, habits, skills, arts, instruments, institutions, and the like of a given people in a given period.

(h)

"Cultural resource" shall mean improvements, buildings, structures, signs, features, sites, places, areas, or other objects of scientific, aesthetic, educational, cultural, architectural, archaeological, or historical significance to the citizens of the City.

(i)

"Demolition" shall mean to destroy, raze, dismantle, deface, or in any other manner cause the partial or total ruin or removal of a historical landmark.

(j)

"Elevation" shall mean the flat scale orthographic projected drawings of all exterior vertical surfaces of a building.

(k)

"Exterior architectural feature" shall mean the architectural elements embodying the style, design, general arrangement, and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color, and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.

(l)

"Facade" shall mean the front of a building or the part of a building facing a street, courtyard, or the like.

(m)

"Improvement" shall mean any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical betterment of real property or any part of such betterment.

(n)

"Landmark" shall mean:

(1)

Any structure or site which has special historical, cultural, archaeological, aesthetic, or architectural character, interest, or value as part of the development, heritage, or history of the City, County, State, or nation;

(2)

That which has been previously given official State or national recognition; or

(3)

The parcel or part thereof on which a landmark is situated and any abutting parcel or part thereof constituting part of the premises on which the landmark is situated and which has been designated a landmark site pursuant to this chapter.

(o)

"Natural feature" shall mean any tree, plant life, or geological element of significant value.

(p)

"Preservation" shall mean the identification, study, protection, restoration, rehabilitation, or enhancement of historic and cultural resources.

(q)

"Relocate" shall mean to establish or lay out in a new place or move to a new location.

(r)

"Site plan" shall mean any flat scale drawing of the place where something is, is to be, or was located.

(s)

"Structure" shall mean any building or any other man-made object affixed on or under the ground.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.103. - Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter which maintenance or repair does not involve a change in the design, material, or external appearance thereof. Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature when the Building Inspector certifies to the Planning Commission that such action is required for the public safety due to an unsafe or dangerous condition and cannot be repaired under the Historical Building Code of the State.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.104. - Duty to keep in good repair.

The owner, occupant, or other person having the legal interest and control of a designated historic landmark, improvement, building, or structure shall keep in good repair all of the exterior portions of such improvements, buildings, or structures and all interior portions thereof whose maintenance is necessary to prevent the deterioration and decay of any exterior architectural feature. As used in this section, "good repair" shall mean at a minimum that the landmark shall be preserved against decay and deterioration and maintained in conformance with all applicable Building and Housing Codes.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.105. - Enforcement.

The Planning Administrator shall administer and enforce the provisions of this chapter. The Planning Administrator may refer violations of this chapter to the Planning Commission, Council, or City Attorney for appropriate action when deemed necessary. A violation of the provisions of this chapter shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ 1, Ord. 438-84, eff. January 9, 1985)

Article 2. - Landmark Designations

Sec. 9-7.201. - Criteria.

The Council may designate an historic landmark pursuant to Section 9-7.202 of this article in accordance with any of the following criteria:

(a)

It exemplifies or reflects a significant element of the City's cultural, social, economic, political, aesthetic, engineering, architectural, geological, or archaeological history:

(b)

It has special aesthetic or artistic interest or value due to elements of design, detail, material, or craftsmanship which represent a significant innovation in architectural or engineering style;

(c)

It is identified with historic persons or events significant in local, State, or national history;

(d)

It embodies distinctive architectural characteristics of a style, type, period, or method of construction or is a valuable example of the use of indigenous materials or craftsmanship;

(e)

It is representative of a type of building which was once common and is now rare;

(f)

It is representative of the notable work of a master builder, designer, or architect; or

(g)

It is a part of or related to a square, park, or other distinctive area and should be developed or preserved according to a plan based on an historic, cultural, or architectural motif.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.202. - Procedures for designating historic landmarks.

Historic landmarks shall be designated in the following manner:

(a)

Applications. Any person, group, or organization may request the designation of a structure as an historic landmark by submitting an application for such designation to the Planning Commission. A designation may also be initiated by resolution of the Planning Commission or Council.

(b)

Application requirements. The applicant shall file a written application with the Planning Division on a form provided by the Planning Administrator which shall be accompanied by the following information:

(1)

The Assessor's parcel number of the site;

(2)

A map showing the location of the structure;

(3)

A description of the structure's special cultural, architectural, aesthetic, archaeological, or engineering interest or value of an historic nature;

(4)

Photographs of the existing structure and site. Other descriptive materials may also be submitted, that is, drawings, sketches, lithographs, and the like;

(5)

A statement of the condition of the structure;

(6)

Other supporting materials or information as may be requested by the Planning Administrator; and

(7)

A statement of the reasons the landmark may conform to the landmark criteria set forth in Section 9-7.201 of this article.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.203. - Pacifica Historical Society participation.

The Pacifica Historical Society may submit comments on any proposed landmark designation which shall be considered by the Planning Commission and Council. A notice shall be sent to the Pacifica Historical Society when an application for historic designation is received.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.204. - Hearings: Notices.

Notice of the time and date set for public hearings by the Planning Commission and Council shall be given as required by Section 9-4.3302 of Article 33 of Chapter 4 of this title. Notice of the public hearing shall also be mailed to the record owners of the property proposed for designation not less than ten (10) days prior to the date set for the hearing.

(§ I, Ord, 438-84, eff. January 9, 1985)

Sec. 9-7.205. - Hearings.

(a)

The Planning Commission and Council shall hold public hearings before taking action on the designation of an historic landmark. The owner of the proposed landmark and any interested party may present testimony or documentary evidence regarding the proposed landmark designation.

(b)

The Planning Commission may recommend by resolution to the Council the approval, disapproval, or modification of an application for designation.

(c)

The Council by ordinance may approve, disapprove, or modify an application for designation or refer the application back to the Planning Commission for reconsideration.

(d)

Within ten (10) days after the designation of a landmark by the Council, the City Clerk shall send by mail to the owners of record of the designated property a copy of the ordinance and a letter outlining the obligations which result from such designation.

(e)

Within thirty (30) days after the date on which the Council designates any building, structure, or site as a landmark worthy of preservation, the City Clerk shall file with the County Recorder a certified copy of the ordinance stating that such property is designated a City historic landmark, and such ordinance shall be maintained on the public records until such time as the landmark designation may be withdrawn by the Council.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.206. - Interim designations.

(a)

The following structures, having been designated as structures of special historic significance both in the Historic Preservation Element of the General Plan of the City and in the Primary List of Historic Buildings and Sites prepared by the Pacifica Historical Society, are hereby given an interim landmark designation:

(1)

Sanchez Adobe;

(2)

Sharp Park Golf Course Clubhouse;

(3)

Little Brown Church; and

(4)

San Pedro School House.

(b)

Such interim landmark designations shall be in effect pending a final determination by the Council on landmark designations for such structures.

(c)

At its next regular meeting after January 9, 1985, the Council, by resolution, shall initiate the final designation review process for such structures with interim landmark designations.

(d)

No application for a building or development permit to construct, alter, or demolish any structure with an interim landmark designation shall be approved while final designation proceedings are pending; provided, however, after 180 days have elapsed from the date of the initiation of such designation by ordinance of the Council, if final action has not been completed, permit applications may be approved.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.207. - Time limits.

No application for a building or development permit to construct, alter, or demolish any landmark structure or site filed subsequent to the day an application has been filed or resolution adopted to initiate the designation of such landmark shall be approved while designation proceedings are pending; provided, however, after 180 days have elapsed from the date of the initiation of such designation, if final action has not been completed, the permit application may be approved.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.208. - Final designations.

The following structures, having been approved by the Planning Commission and Council for designation as historic landmarks pursuant to the procedures of this article, are hereby given final landmark designation:

(a)

Sanchez Adobe;

(b)

Sharp Park Golf Course Clubhouse;

(c)

Little Brown Church;

(d)

San Pedro Schoolhouse;

(e)

185 Carmel Avenue;

(f)

Vallemar Station, 2125 Cabrillo Highway;

(g)

Anderson's Store, 220 Paloma Avenue;

(h)

165 Winona Avenue; and

(i)

Dollaradio Station.

(§ 1, Ord. 482-C.S., eff. May 27, 1987, as amended by § 1, Ord. 533-C.S., eff. September 27, 1989, § 1, Ord. 534-C.S., eff. September 27, 1989, and § 2, Ord. 569-C.S., eff. July 10, 1991, § II, Ord. No. 770-C.S., eff. May 26, 2010)

Article 3. - Historic Preservation Permits

Sec. 9-7.301. - Permits.

An historic preservation permit shall be required to:

(a)

Demolish, alter, or relocate any structure or special site, or any portion thereof, which has been designated an historic landmark pursuant to the provisions of this chapter; and

(b)

Construct, place, alter, or relocate any exterior sign, lighting, fence, parking area, or any other structure or pertinent feature on a landmark or landmark site. Interior remodeling which does not affect the exterior appearance of the historic landmark, structure, or site within an historic district shall not require an historic preservation permit.

However, construction of an accessory dwelling unit or junior accessory dwelling unit shall not require issuance of a historic preservation permit if undertaken in accordance with all standards of Article 4.5 of this chapter.

(§ I, Ord. 438-84, eff. January 9, 1985; § 15, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-7.302. - Historic preservation permit procedure.

The following procedures shall be followed in processing applications for the historic preservation permits required by Section 9-7.301 of this article. The applicant shall file a written application with the Planning Division on a form provided by the Planning Administrator which, where applicable, shall be accompanied by the following information:

(a)

Scaled elevation drawings of the proposed construction or alterations; preferably as overlays to photographs of existing buildings;

(b)

Photographs of existing and adjacent structures from angles affected by the proposed change;

(c)

A site plan;

(d)

A narrative explanation of the reasons for the changes; and

(e)

Other materials as may be required by the Planning Administrator.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.303. - Pacifica Historical Society participation.

The Pacifica Historical Society may submit comments on any historic preservation permit application which shall be considered by the Planning Commission and Council. A notice shall be sent to the Pacifica Historical Society when a permit application is received.

(§ I, Ord. 438-84, January 9, 1985)

Sec. 9-7.304. - Hearings: Notices.

Notice of the time and date set for public hearings by the Planning Commission and, on appeal, the Council shall be given as required for use permits by Section 9-4.3302 of Article 33 of Chapter 4 of this title.

(§ I, Ord. 438-84, eff. January 9, 1985, as amended by § 21, Ord. 825-C.S., eff. November 8, 2017; § 15, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-7.305. - Hearings.

The Planning Commission and, on appeal, the Council shall hold a public hearing before taking action on the permit application. The applicant and any interested party may present testimony or documentary evidence concerning the proposed application.

(§ I, Ord. 438-84, eff. January 9, 1985, as amended by § 21, Ord. 825-C.S., eff. November 8, 2017; § 15, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-7.306. - Standards for review: Alterations.

(a)

In evaluating applications, the Planning Commission and Council shall consider, among other things, the purposes of this chapter, the historical and architectural value of the landmark, the texture, material, and color of the structure in question and its appurtenant fixtures and signs, the relationship of such features to similar features of other buildings within the area, and the position of such structure in relation to the street and to other structures.

(b)

The Planning Administrator, Planning Commission and Council shall approve an application if they make the following findings:

(1)

That the proposed work will not adversely affect the exterior architectural features of the landmark; and

(2)

That the proposed work will not adversely affect the special historical, architectural, or aesthetic value of the landmark and its site; and

(3)

That the proposed work will not adversely affect the exterior architectural features of the subject property or its relationship, in terms of harmony and appropriateness, with its surroundings and neighboring structures; or

(4)

That the owner would have no reasonable economic use of the structure unless the permit is granted. In any instance where there is a claim of no reasonable economic use or a claim that preservation is infeasible, the applicant shall submit to the City such economic and financial data as required by the Planning Administrator to evaluate such claim, including the cost, assessed value, taxes, appraisals, listings, and income from the property.

(§ I, Ord. 438-84, eff. January 9, 1985, as amended by § 21, Ord. 825-C.S., eff. November 8, 2017; § 15, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-7.307. - Standards for review: Demolition.

(a)

In evaluating applications, the Planning Commission and Council shall consider, among other things, the purposes of this chapter, the historic and architectural value of the landmark, the economic feasibility of

alternatives to demolition, and the interests of the public in preserving the landmark.

(b)

The Planning Commission and Council shall approve an application if they make any of the following findings:

(1)

That the landmark or portion thereof is in such a deteriorated condition that it is not feasible to restore or preserve it;

(2)

That the owner would have no reasonable economic use of the property unless the structure is removed; or

(3)

That the proposed use will provide an overriding and substantial benefit to the citizens of the City which could not be provided unless the structure is removed.

(c)

In any instance where there is a claim of no reasonable economic use or a claim that preservation is infeasible, the applicant shall submit to the City such economic and financial data as required by the Planning Administrator to evaluate such claim, including the cost, assessed value, taxes, appraisals, listings, and income from the property.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.308. - Appeals.

An appeal of the Planning Commission's action concerning an historic preservation permit shall be permitted as required for use permits by Section 9-4.3304 of Article 33 of Chapter 4 of this title. An appeal of the Planning Administrator's action concerning an historic preservation permit shall be permitted as required for decisions of the Zoning Administrator by Section 9-4.3804 of Article 38 of Chapter 4 of this title.

(§ I, Ord. 438-84, eff. January 9, 1985, as amended by § 21, Ord. 825-C.S., eff. November 8, 2017)

Sec. 9-7.309. - Time limits.

An historic preservation permit shall expire under the same circumstances as use permits as set forth in Section 9-4.3308 of Article 33 of Chapter 4 of this title.

(§ I, Ord. 438-84, eff. January 9, 1985)

Sec. 9-7.310. - Renewal.

The renewal of an historic preservation permit shall be permitted as permitted for use permits by Section 9- 4.3309 of Article 33 of Chapter 4 of this title.

(§ I, Ord. 438-84, eff. January 9, 1985)

Article 4. - The Little Brown Church*

• Sec. 9-7.401, as added by Ordinance No. 438-84, effective January 9, 1985, repealed by Ordinance No. 474-86, effective December 10, 1986. Sections 9-7.401 through 9-7.407, as added by Ordinance No. 11.2004A.

Sec. 9-7.401. - Findings and declarations.

The people find and declare:

(a)

The Little Brown Church is one of the City's most historic structures and has played an important part in the community's civic life. The City has designated the Little Brown Church as an historic landmark and the people desire to preserve this building for civic and public use if feasible in light of available resources and competing demands for limited public and philanthropic funds.

(b)

Built in 1910 of rough-sawn coastal redwood in one of Coastside's first subdivisions, the Little Brown Church served local residents as their earliest church, a social center for young people, public school, well baby clinic, neighborhood movie house and, for some eighteen years, as headquarters of the City Police Department. It is an irreplaceable building that links Pacificans of all ages to the past and to the colorful history of Coastside. A restored Little Brown Church can continue to serve Pacificans, their City, and visitors to Pacifica for many years to come.

(c)

Notwithstanding the fact that it is designated by the City as an historic landmark, the Little Brown Church is currently in disrepair. This historic structure should not be left to further decay and serve no useful purpose if resources are available to rehabilitate it for further productive use. This article is intended to encourage the repair, maintenance and use of the building for the benefit of the community.

(d)

A repaired and restored Little Brown Church will promote a sense of community identify and pride and will promote citizen involvement in historic preservation in Pacifica.

(§ 1 (part), Ord. 11.2004A, eff. December 2, 2004)

Sec. 9-7.402. - Purpose and intent.

The people enact this measure to:

(a)

Encourage repair and maintenance of the Little Brown Church in compliance with all Building Codes applicable to an historic structure as a useful and historic building for the people of Pacifica to the extent funds are available to do so in light of other pressing community needs, such as public safety.

(b)

Encourage use of the Little Brown Church for civic and public benefit and in a manner that will ensure that it once again becomes an important part of the City's social and civic life to the extent it is feasible to do so.

(§ 1 (part), Ord. 11.2004A, eff. December 2, 2004)

Sec. 9-7.403. - Ownership.

Without a duly authorized vote of the people, the City of Pacifica shall not:

(a)

Sell or otherwise transfer title to the Little Brown Church or the land on which it is then located.

(b)

Encumber the Little Brown Church or the land on which it is then located other than to provide for the rehabilitation and maintenance of the Little Brown Church consistently with this article.

(c)

Move the Little Brown Church.

(d)

Demolish or alter the Little Brown Church other than in compliance with the Standards of the Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties.

(§ 1 (part), Ord. 11.2004A, eff. December 2, 2004)

Sec. 9-7.404. - Use.

To the extent of available grants and donations, the City shall:

(a)

Seek to ensure that the Little Brown Church does not remain vacant and is used for civic and public benefit purposes as specified in this article.

(b)

Encourage the following uses of the Little Brown Church: Museum, gallery or other public display space; theater or other performing arts venue to the extent consistent with the Fire Code; public or private meeting and event space; housing of historic archives; and office, kitchen, and gift shop uses ancillary to the other, primary uses permitted by this article.

(§ 1 (part), Ord. 11.2004A, eff. December 2, 2004)

Sec. 9-7.405. - Delegation.

The City may assign, by lease or otherwise, any duty, responsibility or requirement under this article to any other public or private, nonprofit entity which it deems capable to fulfill such a delegation. The entity to whom responsibilities are delegated shall:

(a)

Arrange for the maintenance of the interior and exterior of the Little Brown Church in good repair and suitable for use for the purposes permitted by this article.

(b)

Plan for the repair and maintenance of the Little Brown Church, inviting public comment and participation in the development of that plan.

(§ 1 (part), Ord. 11.2004A, eff. December 2, 2004)

Sec. 9-7.406. - Definitions; construction.

(a)

As used in this article, the following words and phrases shall have the meanings set forth below unless the context plainly demonstrates that another meaning was intended:

(1)

Little Brown Church means the historic structure presently located at 1850 Francisco Boulevard, Pacifica, California and the parcel of land on which it is located.

(2)

City means the City of Pacifica and any officer, employee or agent thereof.

(b)

This measure shall be interpreted so as to be consistent with all applicable law as that law now exists or may hereafter be amended, including the 1995 Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties.

(§ 1 (part), Ord. 11.2004A, eff. December 2, 2004)

Sec. 9-7.407. - Enforcement.

This measure shall be enforced by the Pacifica City Council, in its discretion in light of other demands on available City funds, grants and donations, in light of other pressing community needs, such as, but not limited to, public safety. No private right of action shall arise from the adoption of this article, it being the intent of the people that the preservation of the Little Brown Church be entrusted to the considered

judgment of the City Council in light of public input and not become a subject of expensive and divisive litigation.

(§ 1 (part), Ord. 11.2004A, eff. December 2, 2004)

Article 5. - Severability

Sec. 9-7.501. - Severability

If any section, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.

(§ I, Ord. 438-84, eff. January 9, 1985)