Pacifica Municipal Code § 9-7.401 Findings and declarations

* Sec. 9-7.401, as added by Ordinance No. 438-84, effective January 9, 1985, repealed by Ordinance No. 474-86, effective December 10, 1986.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.

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)

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)

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)

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)

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)

(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)

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)