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HomeMy WebLinkAboutOrdinance 1297 (Historic Preservation)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1297 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 2.18, HISTORIC PRESERVATION, OF THE SAN RAFAEL MUNICIPAL CODE is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 1st day of May 19 78 Published as re- quired by City Charter in the San Rafael Pointer , a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 15th day of May 19 78 by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None WITNESS my hand and the official seal of the City of San Rafael this 17th day of May 19 78 I M. LEONCINI, Ci y Clerk ORDINANCE NO. 1297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 2.18, HISTORIC PRESERVATION, OF THE SAN RAFAEL MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 2.18, Historic Preservation Ordinance, of the San Rafael Municipal Code, is hereby amended by revising the following Sections: 2.18.010, Purpose, Subparagraph (f); 2.18.041, Initiation of Designation; 2.18.050, Conformity and Permits, Subparagraph (c); 2.18.065, Development Standards, Subparagraph (b); and by adding a new Subparagraph (e) to Section 2.18.050, Con- formity and Permits: 2.18.010 (f) Tax reductions to owners of designated historic buildings and sites through appropriate State and Federal laws. 2.18.041 Initiation of designation shall be by the City Council or by the Commission, or by owners of the property or their authorized agents, or by any governmental body or organization with a recognized interest in historic preser- vation. Any such application shall be filed by or with the Commission upon forms prescribed by it and shall be accompanied by all data required by the Commission. 2.18.050 (c) The Building Division shall maintain a current record of designated landmarks and historic districts. Upon receipt of an application for a permit to carry out any construction, alteration, removal or demolition of a structure on a landmark site or in an historic district, the City Engineer or his designee shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 2.18.067 of this Chapter, promptly forward such permit application to the Commission. 2.18.050 (e) If the initiation of designation as historical landmark has been commenced pursuant to Section 2.18.041, no permit to construct, alter, or demolish any structure or other feature of that site may be approved except in accord- ance with a Certificate of Appropriateness pursuant to Section 2.18.060; provided, however, that after 90 days have elapsed from the date of initiation of said designation, the permit application may be approved if final action has not been completed; except that the time may be extended by action of the City Council. on' -72 AL 2.18.065 (b) Destruction, Generally. Whenever a property owner demonstrates that the building classified as historic is incapable of earning a reason- able economic return on its value as appraised by a qualified real estate appraiser whose fee shall be paid by the property owner, and selection to be approved by City staff, and the Commission fails to approve the issuance of a Certificate of Appropriateness, such building may be demolished. DIVISION 2. Wherever the term "Building Official" appears within this Chapter, it shall mean: "the City Engineer or his designee". DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 4. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: }�] C. PAUL B E TTIigI I, Mayor JE,JNE M. LEONCINI, City Clerk The foregoing Ordinance No. 1297 was read and introduced at a regular meeting of the City Council of the City of San Rafael held on Monday the 1st day of May , 1978, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MuIryan and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 15th day of May , 1978. NNE M. L.EONCI I, City Clerk - 2 -