Tiburon Municipal Code Ch. 13B Historical Landmarks

The purpose of this chapter, which is adopted pursuant to California Government Code section 37361, is to promote the general and economic welfare of the town by preserving, enhancing, or perpetuating those places, buildings, structures, works of art and other objects having a special historical interest or value for their use, education and view of the general public, and to remind all citizens of this town, and visitors from elsewhere, of the historical background of the town.

(Ord. No. 503 N.S., § 3 (part))

The procedure for designation of an historical landmark is as follows:

(a) Application filing. Any person may file an application with the director of community development seeking the designation of a place, building, structure, work of art or other object as an historical landmark of the Town of Tiburon. Said application shall be accompanied by a filing fee set by resolution of the town council and by relevant application materials specified on historical landmark designation application forms available from the community development department. The director of community development shall promptly inform the property owner in writing of the filing of the application. Other than with respect to application on town property, once the director of community development has accepted the application as complete for processing purposes it shall be referred to the heritage and arts commission as set forth in subsection (b) below. The director of community development may, in his sole discretion, refer said application to the planning commission or any other town board or commission for comment prior to referral to the heritage and arts commission. Subsection (c) below sets forth the procedure for applications involving town property.

(b) Referral to heritage and arts commission. The heritage and arts commission shall, within ninety days of receipt of the referral, review and make a recommendation to the town council on all applications referred to the heritage and arts commission for historical landmark designation. Said recommendation shall be by resolution. The heritage and arts commission shall hold a public hearing, noticed in accordance with provisions of Government Code section 65091, prior to making its recommendation to the town council. Reasonable efforts shall be made to provide notice to tenants or lessees of the place, building, or structure on which the historical designation would be applied.

(c) Applications involving town property. If the application proposes the designation of a place, building, structure, work of art or other object that is town-owned or is located on town-owned land, the application, once accepted as complete for processing purposes by the director of community development, shall be immediately transmitted to the town council to determine whether it will grant its proprietary consent for processing of the application. If the town council declines its consent, then the application shall be terminated. If the town council grants its consent, then the application shall be referred to the heritage and arts commission as set forth in subsection (b) above.

(d) Hearing and decision by town council. No more than sixty days after receipt of the heritage and arts commission recommendation, the town council shall hold a public hearing, noticed in accordance with provisions of Government Code section 65091, prior to deliberating on the recommendation of the heritage and arts commission and prior to taking action on an application for historical landmark designation. The town council may, in its sole discretion, approve, approve with conditions, or deny an application for historical landmark designation.

(e) Extension of deadlines in this section. The director of community development may extend any deadlines in this section for good cause, provided that the town council acts on the application within one hundred eighty days of the application's completion date. The town council must find good cause for and approve any time extensions that result in council action on the application one hundred eighty days or more after the application's completion date.

(Ord. No. 503 N.S., § 3 (part))

In reviewing applications for historical landmark designation, the following criteria shall be used by the heritage and arts commission in making its recommendation to the town council, and shall be used by the town council in making its decision on an application:

(a) The landmark designated shall have historical interest or value for the general public and not be limited only in interest to a special group of persons.

(b) The landmark designated shall be at least fifty years of age.

(c) The designation shall be consistent with the general plan and zoning regulations and with any adopted master plans, precise plans, development plans, or capital improvement plans of the town.

(d) The designation shall not be detrimental to the general welfare of the community, including but not limited to factors such as traffic, noise or congestion.

(e) The designation shall not require the expenditure of an unreasonable amount of money by any affected party in order to carry out the purposes of this chapter.

(f) The designation shall not infringe upon the right of any private owner to make any and all reasonable uses of such landmark that are not in conflict with the purposes of this chapter.

(Ord. No. 503 N.S., § 3 (part))

As part of its recommendation to the town council, the heritage and arts commission may propose any or all of the following types of conditions it deems best suited to carry out the purposes of this chapter:

(a) Demolition, removal, or destruction of the historical landmark, either in whole or in part, may be prohibited unless express consent, in writing, is first obtained from the heritage and arts commission. Such consent may impose all reasonable conditions deemed appropriate by said commission to accomplish the purposes of this chapter.

(b) No permits shall be issued by any town department for any alterations, repairs, additions or changes, other than routine maintenance and repair work, without prior review and approval by the heritage and arts commission.

(c) That only certain specified uses may be allowed or that certain specified uses shall be prohibited.

(d) Conditions related to ongoing funding, maintenance, and liability associated with an historical landmark.

(e) That no buildings or structures exposed to public view within a specified distance of the historical landmark may be placed, erected, moved, removed, enlarged, or altered (excepting routine maintenance and repair work) in a manner that would materially detract from the public visibility and/or enjoyment of the historical landmark, without prior review and approval by the heritage and arts commission.

(f) If the proposed historical landmark is a building, such building shall be open to the public at such reasonable times and intervals as set forth in the historical landmark designation approval.

(g) Any other reasonable requirements, restrictions or conditions deemed necessary or appropriate to meet special or unique circumstances affecting the place, building, structure, work of art or other object to be designated as a historical landmark.

(Ord. No. 503 N.S., § 3 (part))

(a) Any person may appeal in writing within ten days any decision of the heritage and arts commission, director of community development, or other town official that would otherwise be final (i.e., is not simply a recommendation or referral).

(b) The appeal shall be filed with the town clerk on the prescribed town appeal form and shall be accompanied by the required filing fee. The appeal shall be heard pursuant to title IV, chapter 16, section 16-66.030, or successor sections thereto, of this Code, and in accordance with the current appeal procedures adopted by resolution of the town council, except that the town council shall hear the appeal and render a decision on the appeal within sixty days of the filing of the appeal. The timely decision requirement may be waived by the applicant and/or appellant.

(Ord. No. 503 N.S., § 3 (part))

(Ord. No. 519, § 4A, 3-17-2010)

In addition to all other remedies available under this Code or state law, any violation of this chapter shall be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be borne by and recoverable from the person in violation thereof.

(Ord. No. 503 N.S., § 3 (part))