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HomeMy WebLinkAboutORD 3447ORIGINAL ORDINANCE NO. 3447 ORDINANCE OF THE COUNCIL OP~THECTiYY ADDING CHAPTER 18.30 (NEIGHBORHOOD COMBINING DISTRICT (NP) REGULATIONS) ALTO MUNICIPAL CODE OF PALO Al.TO PRESERVATION TO THE PALO The Council of th~ City of Palo Alto does ORDAIN as follows: SBC'rION 1. Chapter. ·is.30 {Nt:ighbor'."lo<)d ?resf!rvation DistrTct-(NP)'f<egulations) is hertc:hy added to the PalG I'.lto Code to read.: CHAPTER 18.30 -:i ' -• Cornn1n1nq ~un1c:1pal NEIGHBORHOOD PRESERVATION COMBINING DIS'I'RXC'.I' (NP) REGULATIONS Sections: 18.30.010 18.30.020 18.30.030 18.30.040 18.30.050 Specific Purposes Applicabll1ty of Requiations Zoning Map Designation Design Review Requirements Exceptions to Development Standards 18.30.010 Specif,ic PuI·poses.. 'l'he neigh- bori-10od pr.~servation combining district is intended to modify the regulations of mu 1 t iple family res i­ dence districts in areas where it is deemed essen­ tial to maintain the visual and historic character of existing neighborhoods. The combining di.strict is intended to foster retention of existing single family structures~ to foster additions to existing proper ties without demol it.ion of sound residential structures, and to assure compatibility of design of new residential unit.s with existing structur~s on the same or surrounding properties. 18.30.020 Applicability of r~gulations. The neighborhood preservation como1n1ng district may be combined with any multiple family residence <listii:::t, in accord wH:.h Chapter 18.0S and 18 .. 98. Where so combined, the regulations ~stabl ished by this chapter shall apply in ~ddition to the provi­ sions established by such underlying multiple family district or Chapter 18.90. 18.30~030 Zoning map designation. The neighborhood pr.eservat ion comb.in i ng district shall apply to properties designated on the zoning map by the symbol ~NP" with in par en theses, fol lowing the general district designation for the distcict with which it is combined. 18.30.040 Design review requirements. (a) Design approval required. No design re­ view shall be required for construction of or modi­ fications to single family structures which consti­ tute the only pr inc i pal st rue tu re on a pa rct> 1 of land. For properties on v1hich two or mon') residen­ tial units are developed or modified, desiqn review and approval shall be required by the Architectural Review Board in compliance with p:rocf~dures estab- 1 ished in Chapter 16.48 for any new development or modification to any structure on th.e property and for site amemities. ( b) Purposes~ The purpose of design review shall be to achieve compatibility of scale, silhou­ ette, facade articulation and ma.terial.s of new con­ struction with existing structures 011 the same property or on surrounding properties wit.h.ln a combining district. (c) Design guidelines. The Architectural Review Board shall, at its discretion, develop specific design review guidelines for each specific area to which this c:ombining district is applied. 18 .. 30.050 Exceptions to development si:c(ndards~ (a) Duties of the zoning anministrator~ Sub­ ject to the provisions of this chapter and the gen­ eral purposes of this title to foster. r:etention of ex is ting single family structures and to maintain the existing historic and general character of the neighborhood, the zoning administrator may grant exceptions to site development regulations (except limitations on residential density), parking regu­ lations, and from thE=t speci.al setback requirements of Title 20 applicable to the underlying zone dis­ trict where combined with the neighborhood preser­ vation combining district. This e!ception proce­ dure i a the exc1us i ve racedure fo_r e;;.~s.ur tH9_<!!.! exc~~;_on_~_eve .oemer1t _§.ta~~s . .2.!!-.-~-~ Comb1 n l ns • Dl s tr:~.£!;&,_,_ It, ,i, ~ f'lOt~ _.]1eCe!!3a!'}! for_ t~ 12ro2erty owner to obta1n a variance ~t;~u~~ to Ctiapter 18. 9q." · · --- ( b) Application for except ions from develop­ men t standardd. 2. -~-----·-·----------------------..... {l) Application for an exception from development standards may be made by the owner of record of property from which an exception is sought or by a purchaser of said property when acting pursuant to a contract executed and acknowl­ edged by both the buyer and owner of record, or by an agent of the subje<~t property owner when duly authorized by the owner in writing. {2) Application shall be made to the zoning administrator on a form prescribed by the zoning administrator, and shall contain the following: ( i) A description and ma.p showing the 1ocat ion of the property f.o:r which the excep­ tion is sought, and indicating the location of all parcels of real property with 91.4 meters (300 feet) ft·om the exterior boundary of the pr.oper-t}.r involved in the application~ ( i. i) •rhe name and addr.ess of the applicant, anci the names and addresses of all Pf1c·­ sone, shown in t.he last equa..l i zed assessment rol 1 (as upd;;ited by the semi-annual rea1 estate upda.te information) as owning real property within 91.4 meters ( 300 feet) of the (;~ter ior boundary of the property which is subject of this application~ (iii) Plans and/or des er iptions of existing and proposed construction on the proper.ty involved, toqether with a statement of the circum­ stances which justify the exception application; (iv) Such additional information as the zoning administrator may deem pertinent and essential to the application. ( 3) P.ppl icc.t ion for an except ion shall be accompanied by the fee prescribed by the munici­ pal fee schedule, no part of which shall be return­ able to the applicant. (c) Public hearing and notice. (1) Upon receipt of an application for a.n exception, the zoning administrator shall set a date for a public hearing, which hearing shall be held within fot"ty-five days of the date of filing of the application. 3. ---------------~------·-----~-------------------------... (2) Notice of such hearing shall be given by pub.l icat ion once in a local newspaper of. general circulation not less that fifteen days prior to the date of hearing. Additionally, notice of such hearing sha 11 be mailed at least. fifteen days prior to the date of hearing to the applicant, and to owners of record o.f real propeety within 91. 4 meter.s ( '300 feet) of the ext.er ior boundary of th0 property involved, as such owners of record are s how.n in the last equalized assesi:;ment rol 1 (as updated by the semi-annual real estate update in­ formation) and the occupant of said property within 91 • 4 meters. Compl .i a nee with the procedures .set forth herein shall constitute cl good faith effort tc provide notice, and tbe failure of any ownec or occupant to recei.ve notice shall not prevent the City from proceeding wi.th the hearing or from taking any action nor affect the validity of any action. (3) ~['he not.ice of public hearing shall contain the following: ( i) ~rhe exact address of the prop­ erty, if known, or the location of the property, if the exact address is not known, and the natun~ or purpose of the application; (ii) The t irne, place, and p1J.rpose of the hear.ing ~ (iii) A briP.f descriptionr the con­ tent of which shall be in the sole discr.et ion of the City, of the exception sought1 (iv) Reference to the application on file for par· · c1.llars; and (v) A statement that any interested person, or agent thereof, ma} appear and be heard. Typographical and/or publishing er.rors shall not invalidate the notice nor any City action. (d) Action by zoning administrat.or9 At the time and place set for hearing, the zoning admin­ i s tra toe shall hear e11 idence for and against such application. Each hearing shall be open to the public. The zoning administrator may continue any hearing from time to time. Within a reasonable t. ime, but not more than ten working days after the conclusion of the hearing, the zoning administrator ·--·--~--------------------~---------------- shall make findings and shall render a_ decision on the application which in his opinion is supported by the evidence contained in the application or presented at the hearing. Notice of the decision of the zoning administrator shall be mailed to the applicant and to any other person requesting such notice. Upon the request of the recipient of the exception, the exception, and the conditions appli­ cable thereto, shall be recorded with the County Recor.der. (e) Findings and conditions. ( 1) The .-zoning administrator may qr ant an exception from the site development regulationsr the pa:i::king and loading regulations, or the rpec.ial requir-ements of this title applicable within any residential district which has been combined with the neighborhood preserva.t ion combining district if p from the application or the facts presented at thepublic hearing, he finds: ( i) The grantin9 of the exception will faciljtate the preservation of an existing residential structure on the same property and will be of benefit in maintaining the existing historic and general character. of the surrounding neighbor­ hood, and (ii) The granting of the tion will not be detrimental or injurious erty or improvements in the vicinity and be detrimental to the public health, general welfare, or convenience. app~ica­ to prop­ will not :;afety, { 2) In gr,anting S\lCh except.ion, the zoning administrator may impose such reasonable conditions or re~trictions as he deems appropriate or necessary to protect the public heal t.h, safety •. general welfare, or convenience, and to secure the purposes of this title. ( f) Effective date. An ex<;ept ion granted by the ~oning administrator shall take erfect ten days following the mailing of the notice of the decision of the zoning administrator, unless an appeal ~s filed as provided in Chapter 18.92. (g) Revocation~ extension, transferability, and duration,, 5. --~------------~---------------------------..... ( 1) In ~my case where the conditions of an except.ion have not been or are not being com­ plied with, the zoning administrator shall set a date for a pub1 ic hearing an.d notice the public hearing in accor.dance with section 18.30.050(c). Fol lowing such hear i nq, but not more thar~ ten work­ ing days after the conclusion of the hear.i.ng, the zoning administrator shall moke findings of whether the conditions of t.he e){ception have not been or not b~ing complied with a.nd render his decision to revoke or modi.fy such exception. ( 2) An e:.: cept ior, which has not been used within one year following th~~ effective date there­ of~ shall becomi::> null and void and of no ef feet unless a shorter time period sball specifically be prescribed by the conditions of such f!XC<~ption. The zoning administrator. may, without a. hearing, extend such time for a maxi.mum period of one addi~· tional year: only, upon application filed with him before the expiration of the one-year limit, or the expiration of such limit as may be specified by the conditions of the exception granted. (3) An exception granted pursuant to this chapter shall exist for the life of the exist­ ing structure preserved or such structure as may be constructed purs1umt. to the approval unless a dif­ fecent time period is specified in the issuance of t.he except ion. An except ion from the parking 3nd loading regulations shall be valid only dur.ing the period of continued operation of the use and/or structure for which the exception was granted~ SECTION 2. Severability. If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be uncon.sti tutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions, and clauses of this chapter are declared to be eeverable. SECTION 3. The Council finds that none of the provisions of this ordinance will have a s.igni f icant environmer1tal impact. SEcrrION 4. Thie, ordinance sha 11 become effective upon the com­ mencen'lent o!t"'he thirty-first day after the day of its passage. 6. • • INTRODUCED: June 20' 1983 PASSED; July 11~ 1983 AYES: Bechtel, Cobb, Fazzino, Fletcher, Klein, Levy, Renzel, Witherspoon NOES~ Eyer l y ABSENT.: None ~?;p~---·-·------r~:_) 7.