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HomeMy WebLinkAboutORD 3721. ... • • ORDINANCE NO. 3721· ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 16.49 (HISTORIC PRESERVATION) OF THE PALO ALTO MUNICIPAL CODE WHEREAS, the City of Palo Alto staff, a Downtown Study Advisory Co11mi ttee, the Planning CommisE.~.on and the City Council have conducted a land use study of the downtown area; and WHEREAS, as part of the study, the Downtown Study Committee recommended a strategy which provides "Develop mechanisms con sis tent with other growth stra teg ie s, to preserve buildings of historic and architectural interest"; and WHEREAS, the Co unci 1 is concerned downtown area historic structures are demolition: and that in the commercial in greater jeopardy of WHEREAS, the Historic Resources Beard has studied and rect."'lrn­ mended mechanisms to assure the preservation and maintenance of certain structures designated as historic in the downtown area and city-wide. NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 16. 49 (Historic Preservation) of the Palo Alto Mun1c1paf Code is hereby amended to read: S.ction•a 16.49.010 16.49.020 16 .·49 .. 030 16.49.040 16.49.050 Olapter 16. 49 HISTORIC PRBSERVATlON Purpose .. Definitions. Historic resources board. Designation of historic ~tructures/ sites .. Exterior alteration of historic struc- tures. 16.49.060 Demolition of significant b~ildings in the·. down town area. 16.49.070 Demolition of contributing buildings in the downtown area and significant buildings other than in the downtown area. · 16.49.080 16.49.090 16~49.100 Maintenance of historic structuces in the downtow~ area. Enforcement. Severability. I; ',, ';! I··,', . . . . • • 16.49.010 Purpose. It is found that the· protec- tion, enhance.ent, perpetuation and use· of structures. districts and neighborhoods of historical and arc hi tec­ tural significance located within the city of Palo Alto ar:-e of cultural and aesthetic benefit to the community. It is further found that the economic, cultural and aesthetic" standing of this city will be enhanced by respecting the heritage of the city. The purposes of this chapter a.re t•.t: {a) Designate, preserve, protect, enhance and perpetuate those historic structures, districts and neighborhoods which contribute to the cultural and aesthetic heritage of Palo Alto~ (b) Foster civic pride in the beauty and accom­ plishments of the past. (-c) Stabilize and improve the economic certain historic structures, districts and hoods. value of neighbor- (d) Develop and maintain appropriate settings for such structures. (~) Enrich the educational and cultural dimensions of human life by serving aesthet.ic as well as material needs and fostering knowledge of the living heritage of the past. (f) Enhanca the visual and aesthetic character, diversity and interest of the city. (g) Establish special requirements so as to assure the preservation and the satisfactory maintenance of significant historic structu~es within the downtown area. 16.49.020 Definitions. Throughout this chapter, the following definitions shall apply1. {a) •oowntown are~• means that area of the Univer­ sity Avenue business district subject to chapter 18.48 of Title 18 of the Palo Alto Municipal Code (the zoning code.) and all zones within the geographical boundaries shown on the .a.ps incorporated into chapter 18.48, · in­ cluding planned community and public facility districts. (b} •Historic categories• means those categories established to define and categorize the historic struc­ tures/sites on the historic inventory. Those categories are as follows: 2. • • category 1: •Exceptional building• means any building or group of buildings of preesinent national or state i•portance, •el"i torious work of the best archi­ tects or an outstanding exa~ple of the stylisti~ develop~~ent of architecture in the United States. An exceptional building has had either no exterior modifi.:.. cations or such Rinor ones that the overall appearance of the building is in its original character. Ca tegoc-y 2: "Major build ing• means a.ny building or group of buildings of major regional importance, meri­ torious works of the best architects or an outstanding exa~ple of an architectural style or the stylistic development of architecture in the state or region. A major building may have some exterior modifications, but the original character is retained. Category J or 4: •contributing building• means any building or group of buildings which r.tre good local examples of architectural styles and which relate to the character of a neighborhood grouping in scale, materi­ als, proportion or other factors. A contributing building may have had extensive or permanent changes made to the original design, such as inappropriate addi­ tions, extensive reilloval of architectural details, or wooden facades resurfaced in asbestos or stucco. (c) •Historic district" means a collection of buildings in a geographically definable area possessing a significant concentra tior. or continuity of buildings unified by past events, or aesthetically by plan or physical develop.ent. A district should have integrity of design, setting, •aterials, workmanship and associa­ tion. The collective value of a historic district taken together .ay be gr-eater than the value of each 11':.t~i·~·idu"'"' al building. All ~tructures/si tes within a historic district are categor:i~ed as ·significant ot1 the historio inventory. ' . (d) "Historic inventory• mean$ the curcent editioJ"l of t.he Palo Alto Historical and Architectural Resources Repor,t and Inventory, and the master list of categories for those structures or sites. {e) •aistor ic structure/site" eans any structure or. site within the city which f!as been identified as hav~ng histoc-ic or architectural significance and has been placed on the historic inventory of the. ~ity of Palo Alto, including structures and sites within cate­ gories 1, 2, 3 or 4, and all structures within historic districts. 3. • ' ' I ~ "'•, ,: 1\, ' ,, ' f • ·-.. • • (f) •significant building• .eans any building, group of buildings or site categorized on the historic inventory as nu~er one (1) or nuaber tvo {2) and all structures within historic districts. 16 .. 49.030 Biatoric reeourcea board. (a.) Coapo·· sition. The historic tesources board shall be co11posed of five ( S) M!lbers appointed by the city council and serving without P4Y• fkllbers shall have deaon~1t:-ated interest in and knowledge of history, architecture or historic preservation. •ane (1) me•ber shall be an owner/occupant of a category one or two historic structure, or of a structure in an historic district; at least two (2) members shall be architects, landscape architects, building designers o~ other design professionals and at least two ( 2) members shall possess academic e' ~ation or practical experience in history or a related t..leld. (b) Ter~s of Office. Me~bers shall serve for terms of four (4) years and until their ~espective suc­ cessors are appointed. Terrns shall be staggered so that t·wo (2) positions are refilled one {1} year, and three (3) positions are refilled two (2) years later. (c) Appoint3ent. In filling vacancies on the historic resources board, the following procedures shall be followed by th~ city council: (1) Following notification of vacancy or pending vacancy on the historic resources board, the city clerk shall advertise the saae in a newspapP.r of general circulation in the city, including th~ council agenda digest, four ( 4) t.ittes vi thin two ( 2) weeks. (2) written nominations and applications shall be sub•i t ted to t~e city clerk within one ( 1) week of the date of the las~ notice to be forwarded to the city council for its consideration. Notwithstanding the foregoing, if the no•ination or application of an incu•bent board ~~~ellber is not sub•itted to the city clerk within the period specified above, said period shall be extended for an additional five (5) days during which the city cleck shall accept writt~n nominations and applications of nonincu•bents. ( 3) The Palo Alto Historical Association shall ··be given notice of vacancies on the board and shall be encouraged to have its •e~ers sub•it applications. (4) The city council shall review all nominations and applications, and conduct su~h interviews as it deems necessary prior to selections. 4. . ' ' ' ~ ) " ' : ,' ~ ·<:.: -~ !., ,., . \. . .. • • (5) Final selection and appointment shall be sade by the city council at a regular city counci 1 meeting after the period for sub•ittal of no•inations a.nd appli­ cations has e:~~tpired .. (d) Organization. The board s.hall hold eeetings twice monthly or at the ple3sure of t.he chair:·pecson, and shall establish such rules as •ay be appropriate and necessary for the' orderly conduct of its business. The board shall elect a chairperson and a vice chairperson from its meMbership who shall serve in such capacity for terms of one ( 1) year each. The chairperson shall pre­ side over meetings of the bo~!rd, and in the absence or disability of the chair~erson, the vice chai.r:person shall perform the duties of the chairperson. Three (3} members shall constitute a quorum and decisions of the board shall be determined by maj11rity vote of thos~ members present at the meeting. Acl.:.l.on minutes shall be kept by the board. (e) Duties. It is the duty of the historic resources board to: (1) Render advice and guidance to a pro~orty owner upon the owner's application for alteration of any his­ toric single family or duplex building in the downtown area and any such building designated as significant elsewhere in the city. { 2) Info~m the architectu:c&l review board of the historical and/or architectural significance of historic commercial and multiple fa•ily structures in the down­ town area and any such buildings designate~ as signifi­ cant elsewhere in the city that are under review by the arc hi teet ural review board~ Subai t reco••endatioos to the architectural review board regarding proposed exter­ ior alterations of such historic structures$ ( 3) Reco•mend to the . council the designation of additional buildings and districts a,$ historic. ( 4) Research available infor•ation and add hisJ.:or­ ical information to the inventory sheets of histvric structures/sites. This inventory is uintained in the depart111ent of plan11ing and co-unity environ•ent. ( 5) Per form such other fu~ctions as aay be del .e­ gated from ti~te to time to the historic resources board by the city council. s. ··. ' :,· . : ' ' . ~ '• '. I, • • 16. -'9. 0.40 De•ignation .of historic structure•/ sites. (a} Procedure for Designation of Histo~ic $tructures/Sites or. Districts.. Any individual or-group may propose designation as a historic structure/site or district.. Such proposals shall be reviewed by the historic resources boa~d, which vill sake its r·ecommenda tion to the counc i 1. Oesi gnat ion of a historic st~uctuce/si te or. district •ust be approved by the. city counc i 1.. The procedure for. such des i goat ion is as follows: ( 1) Any proposal for designation shall be filed with the department of planning and co!'-muni t y en vi ron­ ment and shall include the following data: { i} The addres:s and assessor's parcel number of the site or. boundaries of t.he proposed district. (ii) A description detailing the structure/site or district's special aesthetic, cultural 1 architectur­ alJ or engineering interest or value of a historic nature. (iii) A description of the historical value of the structure/site or district~ (iv) A description of the current condition of ~nd any known threats to the structure/site or district. ( v) What restoration, if any, would be neces~lry to return the structure/site or district to its original appearance. (vi) Sketchs, drawings, photographs or othec des­ criptive material. (vii) Other supporting infor•ation. ( 2) Each propo.aal .. $hall be con~idered by the historic re$ources boa.rd. at. a · publ i& hearing within sixty (60) days of the receipt of the proposal. In an~' case where an application for a plai'ining or building permit affecting the exterior of a building is pending concurrently with a proposal for designation, the reco•­ mendation of the hist.oric resources board shitll be Made within twenty (20) days of receipt of the proposal. ( 3) Notice . of ·the time, place and pur· pose of the hearing shall be given at least tvel ve (12) days prior to the date of the hearing by publication at least once in a newspaper of general circulation, or by :aai 1 t.o the applicant, to the owner or owners of the property, and 6. ., . \ • • to the owners ·of property within three hundred ( 300) feet of th~ site. ( 4) The historic resources board aha 11 recouend to the city council approval, disapproval or modifica­ tion of an application for designation • ( 5) The city council·. may approve, disappc-ove or modify a recommendation for designation and, in any case where an. application. fot' a planning or building permit is pending concurrently wi t:.h the proposal for d~si gna­ tion, such decision shall be made within thirty ( 30) days of the recommendation, if ani·, of the histocic resources board. (6) After approval of the designation of a struc­ ture/site or district, the city clerk shall send to the owners of the property so designated, by mail, a letter outlining the basis for such designation and the regula­ tions which result from such designation. Notic~ of this designation sha 11 a 1 so be filed in the building department and the department of planning and community environment files. (b) Criteria for Designation. The follo~ing cri­ teria, along with the definitions of historic categories and districts in section 16.49.020 above, sl:'lall be used as criteria for designating additional historic struc­ tures/sites or districts to the historic inventory: · { 1) The structure or site is identi.fied with the lives of historic people or with important events in the city, state or nation. ( 2) The structure or site is particularly repre­ sentative of an ar~hitectural style or way of life important to the city, state or nation. {3} The structure or site is an exa•ple of a type of building which was once common, but is nolo." rare. ' (4) The structure or site is connected with a business or use which was once common, but is now rare. (5) The architect or building was important. (6) The structure or site contains ele•ents demon­ strating outstanding a tten tio'n to ~rchi tectural design, detail, ~aterials or craftmanship. 16.49. 050 !zterior al.teration of biatoric struc- tures. (a} Review Pcocess. All applications for a 7. ' ' • building permit for exterior alteration to any historic structure/site in the downtown area or a significant building elsewhere in the city, new construction on a parcel where there is currently a historic structure in the downtown area or a significant building elsewher& in the c::ity, or such application for construction within a historic district shall be reviewed as follows: ( 1) Review bodies. ( i) Pursuant to chapte[' 16.48, the architectural review board shall review applications involving any historic structure/site in the dO\m,town area and any significant structure/site elsewhere in the city, other than single family and duplex residences. The arc hi teet ural review board shall refer applications to the historic resources board fo~ a recommendation on the proposed alteration of the struc­ ture. (.ii) The historic resources board shall review ap­ plications involving single family and duplex residences which are historic structur.esjsites in the downtown area or which are significant buildings elsewhere in the city. Compliance of the property owner with the recom­ mendations shall be voluntary, not mandatory. (iii) The planning staff may review and approve minor exterior alterations pursuant to guidelines which the historic resources boacd may adopt. Minor exterior a 1 tera t ions are those alterations which the director of planning and community environment or his/her designee determines will not adversely affect the exterior archi­ tectural characteristics nor the historical or aesthetic value of tne historic structure, its site or surround­ ings. (2:) 'Time limit. Recommendations of the historic resources boar'd on alterations to a historic single family or duplex residence shall be rendered ~ithin thirty (30) days of the date of referral by the archi­ tectural review board or tl)e chief building official. Failure to provide a recommendation within the time 1 imi t shall cause an application for a commercial or multiple family use to be returned to the arch~ tectural review board, and a single f~mily or duplex ap~lication to be forward~d to the chief building offi~.ial for consideration of issuance o:f a building permit. (b) Standards of Review. In evaluating applica­ tions, the review bodies shall consider the architectur­ al style, design, arrangement,· texture, materials and color, and any other pertinent factor$. The prime con­ cern should be the exterior appearance of the building site. 8. ·.· ·. • • (1) On buildings not in a historical district, th~ proposed alterations should not adversely affect· the ex­ terior architectural character.istics nor the historical or aesthetic value of the building and its site. ( 2) In historic districts, the proposed altera­ tions should not ad~ersely affect.: (i) The exterior architectural characteristics nor the historical, architectural or aesthetic value of the building 'and its site1 or (ii) The relationship of the building, in terms of harmony and appropriateness, with its surroundings, including neighborhood structures. (c) Appeals. Any interested party may appeal to the ~ity council the decision of the architectural review board not to recommend approval of an application for a building permit to alter the exterior of any his­ toric structure in the downtown area, or a significant s true ture elsewhere in the city or in a historic dis­ trict. Such appeal shall be processed in accordance with section 16.48.090. 16.49. 060 De11ol i tion of significant buildings in the downtown area. (a) Permit and Findings. No permit shall be issued to demolish or cause to be demol~ ished all or any part of a significant buflding in the downtown area unless: (1} Th~ city council determines t.hat under the historic designation, .taking into account the current market value, the value of transferable develo~ent rights, and the costs of rehabilitation to meet the requirements of the building code or other city, state or federal laws, the property retains no reasonable economic use; or (2) The chief building official or the fire chief, after consultation, . to· the extE;)nt feasible, with the department of planning and community environment~ deter­ mines that an -imminen.t safety hazard exists and that demolition of the building is the only feasible means to secure the public safety; or (3) The city council determines that demolition of the building will not have a significant effect on the achievement of the purposes of this chapter. 9. ., :i ' :·,· '':. ·'"• ·.· •, • • (b) Application for a Permit to Demolish. An application for a permit to demolish any significant building in the downtown area shall comply with chapter 16.04 of the Palo Alto Municipal Code. In addition to the contents specified unde~ chapter~l6.04, any applica­ tion for a permit to demolish a si gn1i f i cant building in the·. downtown area, on the grounds specified in section 16.49.060(a)( 1), shall contain any appropriate and relevant economic information which will enable the council to make the necessary determination. (c) Review of Application. (1) Historic re- sources board. Applications which are accepted as complete for a permit to demolish a significant building in the downtown area on the grounds specified in section 16o49.060(a)(l) or (3) shall be placed on the agenda of the historic resources board for hearing and ~ecommenda­ tion. If the histor ~c resources board does not act on the application within thirty ( 30) days of referral to it, the city council may proceed without a recommenda­ tion from the historic resources board. (2) City council hearing and decision. Any appli­ cation for permit to demolish a significant building in the downtown area on the· grounds specified in section 16.49.060(a)(l) or (3) shall be heard by the city coun­ cil. Notice shall be givan by mailed notice to all owners of property immediately adjacent to the property that is the subject of the application, and by publica­ tion at least once in a local newspaper of general circulation.. The applicant shall have· the burden of establishing that the criteria set forth in section l6.49.060(a)( 1) or ( 3) have been met. The council may approve, disapprove or approv~ the application with con­ ditionsv and 'shall make findings relating its decision 'to the st:mdards s.et forth in $ec.tion 16.49.,060(a). The decision 6f the council shall be rendered within thirty (. 30) days from the date of the conclusion of the hear­ ing. (d) Permit to move a significant building in the downtown area or in a historic district:. In reviewing an application for a permit to demolish a ~ignificant building in the downtown area or in a histori~ district on the grounds specified in section 16.49.060(a)(l) or (3), the historic resources board may. decide that the building may be moved without destroying its historic< or architectural integrity and· importance, and may recom­ mend to the city council that the demolition permit be denied, but that a permit to relocate be processed, pursuant to chapter 16.32 of this code. In that case, the time lim'i ts and notice requirements of Section 16.49.070(c) shall also bE» applicat'lle. 10~ \. .. • • 16. 4''• 070 De•oli tion of c6ntributing buildings in tbe c'.owntown area and significant buildings other than in the downtown area. (a) Appli~:.~ation and Mora­ torium. Any person wishing· to demolish a contributing building in the downtown area or a significant building other than downtown shc.ll file an application for a· demolition permit in accordance with the p~ocedures established by chapter 16.04 of thi;; code. With the application, the applicant shall submit one ( l) · clear. photograph of the front of the building and such other information as may be required by the chief building official in accordance with the requirements for the demolition permit. A copy of the application and photo­ graph shall be forwarded to the city council as an information item in the next council packet. The chief building official may not take action on the application for sixty ( 60) days fcllowing receipt of a completed application. (b) Referral to Architectural Review Board or Historical Resources Board. During the sixty (60) day moratorium, the chief building official shall refer the application for a permit to demolish to the architectur­ al review board, in the case of all buildings other than single family and duplex residences, for review and recommendation. The architectural review boar:d shall refer L~le application to the historic resources board for r~commendations on the historical and/or architec­ tural sigrdficance of the building and the appropriate time for the moratorium. A, demolition permit applica­ tion for a single family or duplex residence shall pe referred to the historic resources board for recommenda­ tion. (c) Council Action., The architectural review board, the historic resources. board, or any interested person may recommend that the council ektend the mora­ torium. The council shall agendize such a request and may extend the sixty ( 60) day period for a period up to one ( 1) year. In the case of an extended moratorium, the. council, upon th~ recommendation of ,,.~he· historic resources board, may require that appropriate and reasonable public notice of the availability of the structure be provided by the applicant. 16.49.080 J!air1tenance of historic atructure~ in the downtown area.· . The qwner, les$-ee or other person legally in possession of a histori.c structure in the downtown area shall comply with all applicable codes, laws and r~gulations governing the maintenance of prop­ erty. Additionally, it is the intent of this section to preserve from deliberate or inadvertent negle6t the 11. ··: L1' .,,., .,, -. 1' j'. J.r •. ~ • • exterior features of buildings designated aj significant or contributory in the downtown area, and the interior portions thereof when such maintenance • is necessary to prevent deterioration and decay of the exterior. All such buildings shall . be preserved against such decay and deterioration, and shall remain free from structural defects through prompt corrections of any of the follow­ ing defects: (a) Facades which may fall and injure members of the public or property. (b) Deteriorated or inadequate foundation, de fec­ tive or deteriorated flooring or floor supports, deteri­ orated walls or other verticdl structural supports. {c) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration. (d) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or. floors, including broken windows or doors~ (e) Defective or insufficient weather protection for exterior wall covering, including lack of paint or ocher protective covering. {f) Any fault or defect in the building which ren­ ders it not properly watertight or structurally unsafe. 16.49.090 Enforce•ent. (a) Unlawful Alteration or Demoli.tion. , ( 1) Violation -penalties. It shall be unlawful for a person or entity to demolish or cause to be demolished any significant building or portion th~~e­ of in the downtown area in violation of anv. of the provi~ions of this ·chapter. Any person or en~i ty vio­ lating these provisions is guilty of a misdemeanor and, upon conviction of any such violation, such person shall be punishable by a fine of not more than One Thousand Dollars ( $1,000) or by imprisonment for not more than six (6) monthsf or by both such fine and imprisonment. ( 2) Civil penalty. Any person or entity who de­ molishes a buildin.a or causes a demolition in violation of the provisions ~t this chapt~r may be liable civilly in a sum equal to the u:placement value of the building or an amount in the court • r. discretion, not to exce.ed Ten Thousand Dollars ($10,000) .. (3) Injunctive relief. The city attorney may maintain an action for injunctive relief to restrain a 12. .. .• . . . • • violation or cause, where possible, the complete or partia 1 restoration, reconstruction, or replacement in kind of any building or site demolished, altered or partially demolished in violation of this chapter. ( 4) Restriction on development. Alteration or de•olition of ~ historic structure in violation of this chapter shall eliminate the eligibility of the struc­ ture's lot for any tr~nsfer of development rights, pursuant to the Palo Alto Comprehensive Plan, and such lot, if it is the site of an unlawfully demolished his­ toric structure from which development rights have been transferred, shall not be developed in excess of the floor area ratio of the demolished structure for a peri­ od of twenty {20) years from the unlawful demolition. A person or entity may be relieved of the pem .. lties pro­ vided in this section if: ( 1) the unlawful alteration or demolition did not constitute a major alteration, as determined by the chief building official, or (2) as to an unlawful alteration, the person or entity restores the original distinguishing qualities a.nd character of the b11ilding destroyed or altered. Such restoration must be undertaken pursuant to a valid building permit issued after a recommendation by the historic resources board and a finding by the city council that the pro­ posed work w i 11 e f feet a de qua te restora tinn and can be done with a substantial degree of success. (b) Failure to Abide by Maintenance Regulations. ( 1) Abatement. The procedures set forth in chapter 16.40 of the Palo Alto Municipal Code governing ~nsafe, dangerous or substandard buildings, whether in co••ercial or residential use, shall be applicable to any violations of section 16.49.080. { 2) Misde•eaoor. It shall be unlawful for any persnn or entity to fail t·o maintain any building in the downtown area designated as significant or contributory in violation of section 16.49. 080. Any such violation constitutes a misdemeanor punishable as set forth in section l6.49.090(a)(l) above. Each day of violation constitutes a separate offense and may be separately punished. The chief building official a11d ordinance coMpliance inspectd~· are authorized to exercise the authority in Calift.:>rnia Penal Code section 836.5 and to issue citations for violation of section 16.49.080- (3) Civil penalty. Any person or entity who fails to maintain any buildi~tl in the downtown area· designated as significailt or contributory in violation of section 16. 49,080 ~a y be 1 iable ci v:illy in a sum not to exceed One Thousand Dollars ($1,000). Each day of violation 13. r , ,; .. • .... • • constitutes o~ separate offense for which a penalty may be assessed. (c) Re•edies Not Exclusive~ The remedies provided by this section are not exclusive. 16.49.100 Se•erability. If any provision or clause of this chapter is held to be unconstitutional or otherwise invalid by any cour-t of competent· jurisdic­ tion, such invalidity shall not affect other provisioris of this chapter, and clauses of this chapter are de­ clared to be severable. SECTION 2. The Counc i 1 hereby finds that none of the pro­ visions of this ordinance will have a significant environmental i mpa.ct. SECTION 3. This ordinance shall become effective upon the commencement oi the thirty-first day after the day of its passage. INTRODUCED: October 20, 1986 PASSED: Noveml>er 10, 1986 AYES: Bechtel. Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, Woolley NOES: Pat itucc i ABSTENTIONS: None A 8SENT: None 14.