Chapter 18.140 — PENALTIES (§ 18.140.010 – § 18.140.030)

A.

Any violation of this title shall be punishable as provided in Section 1.12.020 of this code.

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)

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)

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.

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.

D.

Decisions made pursuant to this section are subject to appeal as provided in Chapter 18.144. (Ord. 2204 § 3, 2019)

Chapter 18.144 APPEALS (§ 18.144.010 – § 18.144.060)

Note: Former Ch. 18.144, Appeals, derived from Prior code §§ 2-5.09—2-5.12 and 2-12.19 and Ord. 1520; Ord. 1586; Ord. 1656; Ord. 2277, was repealed by Ord. 2303, 12/6/2025.

This chapter establishes procedures for appeals and reviews of the Zoning Administrator and Planning Commission.

(Ord. 2303, 12/6/2025)

A.

Zoning Administrator Decisions. Any decision of the Zoning Administrator may be appealed to the Planning Commission, as applicable.

B.

Planning Commission Decisions. Any decision of the Planning Commission may be appealed to the City Council, as applicable.

(Ord. 2303, 12/6/2025)

A.

Eligibility. An appeal in compliance with this chapter may be filed by any aggrieved person.

B.

Timing and Form of Appeal.

1.

Timing. An appeal request shall be filed with the Community and Economic Development Department (CEDD) within 10 days of the actual date the decision was rendered.

2.

Forms. The appeal request shall be submitted in writing to the CEDD and shall include the following information:

a.

The written request for appeal shall include the pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.

b.

The appeal shall be accompanied by the application form and filing fee identified in the Master Fee Schedule. C.

Report, Scheduling of Hearing, and Decision.

1.

When an appeal request has been filed, CEDD staff shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing within 50 days by the appropriate review authority, identified in Section 18.144.020, above.

2.

Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Section 18.12.040.

3.

The hearing shall be de novo, and the decision-making body may uphold, deny, condition, and/or modify any condition of the application on appeal or review.

4.

Any interested party may appear and be heard by the review authority.

5.

Following the final decision of the appeal or Council review request, the city shall provide notice of its final decision to the appellant, applicant (if not the appellant), and to any person who specifically requested notice

of the city's final action.

(Ord. 2303, 12/6/2025)

The City Council may elect to review an action of the Planning Commission or Zoning Administrator:

A.

Within 10 days following such action, if any member of the City Council advises the City Clerk in writing that such member wants a review of the action to be brought before the City Council; or

B.

If its next regular meeting is within 10 days following such action, at such meeting, a majority of the City Council may vote to review such action, or an individual member of the City Council may state that such individual elects to have the Council review such action.

C.

Upon any such election for review of an action, a public hearing shall be held by the Council. The hearing shall be set and notice given as prescribed in Chapter 18.12 of this title.

(Ord. 2303, 12/6/2025)

A decision of the Zoning administrator or Planning Commission is final and effective after 5:00 p.m. on the

10th calendar day following the date the decision is rendered, when no appeal or Council review request to the decision has been filed in compliance with this chapter.

(Ord. 2303, 12/6/2025)

No person shall seek judicial review of a city decision on a planning permit or other matter in compliance with the municipal code until all appeals to the Commission and Council have first been exhausted in compliance with this chapter.

(Ord. 2303, 12/6/2025)