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HomeMy WebLinkAbout1997-04-22 Ordinance 4412ORDINANCE NO. 4411 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 16.50 OF THE PALO ALTO MUNICIPAL CODE REGARDING INTERIM REGULATIONS GOVERNING HISTORIC DESIGNATION AND DEMOLITION OF RESIDENTIAL STRUCTURES BUILT BEFORE 1940 BY ADDING A NEW SECTION 16.50.065 AND AMENDING SECTIONS 16.50.020, 16.50.080, AND 16,50.120 e Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Legislative Findings. The Council finds and declares as follows: A. To further the protection, enhancement, perpetuation, and use of structures, districts, and neighborhoods of historical and architectural significance within the City of Palo Alto, the Council on October 26, 1996, adopted Ordinance No. 4381, adding Chapter 16.50 to the Palo Alto Municipal Code. Chapter 16.50 contains interim regulations governing historic designation and derr1olir ton of residential structures built before 1940, and review of the ues gn quality and neighborhood compatibility of replacement structures ('interim Regulations"). B. Since the effective date of Ordinance No. 4381 and implementation of the Interim Regulations, it has been determined that two aspects of the Interim Regulations may operate to unnecessarily delay prompt decisions on the historic status of properties, and delay roof repairs or replacement necessary to protect structures from deterioration. In addition, staff has recommended that the ordinance be revised in order to clarify the time period within which appeals to the City Council must be filed, and to add other clarifying language. C. It is necessary for the preservation of the public health, safety and welfare to amend the Interim Regulations in order to (1) streamline the process for obtaining an preliminary staff decision as to the historic merit of a pre -1940 residence, and (2) allow certain roof repairs or replacements to be made to pre -1940 residences without requiring historic merit evaluation of the structure, (3) clarify the applicability of the ordinance, and the time period for filing direct appeals to the City Council, where such appeals are allowed. g$CTION 2. Section 16.50.020 of Chapter 16.50 of Title 16 of the Palo Alto Municipal Code is hereby amended to read: 16.50.020 Definitions. For the purposes of this Chapter, the following definitions shall apply: (a) "Aggrieved Person" shall mean a person entitled to appeal specified decisions and determinations made pursuant to this chapter, and shall include only the owner of a Protected Residence, 970425 be 0000453 • or other person acting with the owner's written consent, or a residential property owner or resident who owns or resides in property within three hundred feet of the Protected Residence. A member of the city council, city staff or any city board or commission member shall not be deemed to be an Aggrieved Person unless they are an applicant under this chapter. (b) "Compatibility Review Standards" means design criteria and compatibility standards promulgated pursuant to Section 16.050.110 which shall be applied by City staff in a ministerial review of the design quality of a Contributing Residence replace- ment structure. The Compatibility Review Standards shall assure that the replacement structure is compatible with the pattern of the existing neighborhood and that it is at least equal in design quality to the existing structure. In order to accomplish this, the Standards may include provisions for minor adjustments to front setback, garage placement, and daylight plane requirements where necessary to achieve the goals of the ctcidards and this Chapter. The Compatibility Review Standards whai? include an exception process to provide hardship relief when site conditions cause unusual circumstances that make application of such Standards an unreasonable burden. (c) 'Contributing Residence" means any Prctected Residence that is not a Historic Landmark Residence, tut which is determined to meet the applicable Standards for Historic Designation pursuant to this chapter. (d) "Demolition" means removal of rore than fifty percent of the perimeter walls, or removal of any portion of a street - facing facade, of a Protected Residence other than a Historic Landmark Residence. Demolition does not include the removal and replacement in kind of deteriorated, non -repairable materials required for the restoration and rehabilitation of the historic structure and resulting in no change to its exterior appearance or historic character. (e) "Historic Landmark Residence' means any residential "Significant Building" as defined by Section 16.49.020, and any Protected Residence that is determined to meet the applicable Standards for Historic Designation pursuant to this chapter. (f) "Historic Landmark Residence Alteration" means any alteration to the exterior of a Historic Landmark Residence, including but not limited to removal or modification of siding, roofing materials, windows, chimneys, walls, or any other architec- tural features. (g) "Historic Landmark Residence Demolition" means an act or process, including neglect or failure to maintain, that destroys or razes in whole or in part a Historic Landmark Residence. Demolition does not include the removal and replacement in kind of deteriorated, non -repairable materials required for the restoration and rehabilitation of the historic structure and resulting in no change to its exterior appearance or historic character. 2 9704251=0W3453 1 • (h) "Historic Merit Evaluation" means the director of planning and community environment's or his or her designee's written determination of whether a Protected Residence will be designated as a Historic Landmark Residence, Contributing Resi- dence, or Structure without Historic Merit, which determination shall be reached upon the basis of a recommendation of the historic resources board which has been developed during a public hearing noticed pursuant to Section 16.49.040. (i) "Historic Merit Screening" means a preliminary review and written determination of the historic merit of a Protected Residence, conducted by the director of planning and community environment or his or her designee, for the purpose of determining whether there is no possibility that the Protected Residence could meet the Standards for Historic Designation. (j) "Minor Project" means a project involving a Protected Residence, other than a structure or site which has been placed on the City's Historic Inventory pursuant to Chapter 16.49, that does not affect a street -facing facade, does not affect the half of any side facade which is nearest the street, does not affect more than ten percent (10W) of the exterior perimeter walls, and is limited to the first floor. (k) "Protected Residence` means a residential structure that was originally constructed before 1940. (1) "Residential structure" means a structure currently or most recently used for residential purposes, and which was originally constructed for residential use. (m) "Standards for Alteration of Historic Landmark Residences" means criteria and standards promulgated pursuant to Section 16.50.110 which govern Historic Landmark Residence Alteration, and which shall include and be based upon, at a minimum, the Secretary of Interiors Standards for Rehabilitation and the Guidelines for Rehabilitating Historic Buildings, as they may be amended. (n) "Standards for Historic Designation" means criteria and standards promulgated pursuant to Section 16.50.110 for the determination of whether a Protected Residence shall be designated as a Historic Landmark Residence, Contributing Residence, or a Structure without Historic Merit. (0) "Structure without Historic Merit" means a Protected Residence that is neither a Historic Landmark Residence or Contributing Residence. SECTION 3. Chapter 16.50 of Title 16 of the Palo Alto Municipal Code is hereby amended by the addition of a new section to read: 970425 Lc 0080453 • • 16.50.065 In -Kind Replacement and Minor Projects- Rxemption. Notwithstanding the provisions of Sections 16.50.060, Historic Merit Screening shall not be required: (a) Before issuance of building, demolition, or other permit solely for in -kind repairs or replacement of roofs, windows, wood -siding, stucco, wood trim, or chimneys on any Protected Residence other than a Historic Landmark Residence. To qualify for this exemption from Historic Merit Screening, the materials used for the roof repair and/or replacement must be identical to the existing roof material, or be determined to be a material allowed under the Compatibility Review Standards. (b) Before issuance of building, demolition, or other permit solely for Minor Projects as defined in Section 16.50.020. SECTION 4. Section 16.50.080 of Chapter 16.50 of Title 16 of the Palo Alto Municipal Code is hereby amended to read: 16.50.080 Compatibility Review for Replacement of Contrib- uting Residences. No building, demolition or other permit for the demolition of any Contributing Residence shall be issued unless the proposed replacement structure complies with the Compatibility Review Standards. aE4'TION 5. Section 16.50.120 of Chapter 16.50 of Title 16 of the Palo Alto Municipal Code is hereby amended to read: 16.50.120 Appeals. (a) Historic Resources Board Review. When authorized by this chapter, an appeal may be taken to the historic resources board by any Aggrieved Person in accordance with the procedurs in this section. (I) An appeal shall be in writing and shall be filed with the city clerk within ten days after the mailing of notice of the decision of the director of planning and community environment. An appeal shall not be processed unless it is filed within such time. The appeal shall state in detail the factual and legal errors claimed by the Aggrieved Person. (2) An appeal shall be subject to an appeal fee as prescribed by the municipal fee schedule. No part of the appeal fee shall be returnable to the appellant. (3) Filing of an appeal with the city clerk shall stay all proceedings in furtherance of the action appealed until the determination of the appeal as provided in this chapter. Upon the filing of an appeal, the city clerk shall promptly notify the director of planning and community environment and chairperson of the historic resources board of the appeal, and shall forward all 4 970425 lac 0050453 1 • materials submitted with the appeal to the director of planning and community environment. (4) Upon notification and receipt of the appeal, the director of planning and community environment shall set a date for a public hearing on the appeal which date shall be no later than sixty days after filing of the appeal with the city clerk. Notice of hearing shall be given in the same manner as provided in Section 16.49.040. (5) The director of planning and community environ- ment shall transmit to the historic resources board copies of the original application, the appeal, and any other papers and exhibits constituting the record upon which the action appealed was taken, including a written statement setting forth the reasons for his decision. The appellant at his or her expense shall be required to provide for the board and council sufficient copies, as determined by the director of planning and community environment of the papers, including plans, that constitute the record of appeal. (6) Upon the date set for hearing, the historic resources board shall conduct a public hearing, unless, for cause, the board on that date continues the matter. Upon conclusion of the hearing on the appeal, the board shall make findings and recommend to the city council that the decision of the director of planning and community environment be affirmed, changed or :codified, or in lieu thereof, make such other or additional recommendations as it deems proper. The findings of the board shall be submitted in the form of a recommendation to the city council. (b) City Council Review. The city council shall consider an appeal within sixty days of receipt of the historic resources board recommendation, or the appeal if direct, by the city clerk. The filing procedures and requirements, including the time for filing, shall be the same as required by this section for appeals to the historic resources board. The council shall conduct a public hearing on the matter. The council may by motion reverse or affirm wholly or partly, or may modify any decision, determination, or requirement recommended by the historic resources board, and may make such decision or determination or may impose such conditions as the facts warrant with respect to the appeal and to the approval or denial of the application, and the decision or determination of the council shall be final. If granted by the council upon appeal, the requested permit shall be effective immediately. Notice of the council's decision shall be mailed to the original applicant and to the person filing the appeal. (c) All appeals pursuant to this chapter shall be conducted dg novo so that any person, including city staff, may introduce any evidence or argument, even if not presented in earlier proceedings. SECTION 6. The City Council has determined that it can be seen with certainty that there is no possibility that this ordinance may have a significant effect on the environment because the construction and reconstruction of single family homes on lots of record is itself an exempt activity. szscrwp 7. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption and shall remain in effect until the earlier of its repeal or the last day Ordinance No. 4381 is in effect. INTRODUCED: April 8, 1997 PASSED: April 22, 1997 AYES: ANDERSEN, EAKINS, TUBER, MCCOWN, ROSENBAUM NOBS: SCHNEIDER ABSTENTIONS: ABSENT: FAZZINO, KNTSS, 5' EELER ATTEST: City Ap OVED AS TO FORM: 1 Senior Asst. City Attorney MIS cu E T TS CEITITAEo TO SE m ©ROOOSAHC- OULY PASSED BY THE COUNCIL OF 11* CITY Oc IMP , ALTO NW COUNCIL puLkl6MRf ..Y 7 (MUNN IS DAYS Of 4;:.- "1 seem for 1 cltrg seder pow/1y prp•"Y :h:: tie lore0oiep is Use ROVED: t /f i)y Manager Director of Planning and Community Environment 970425 I.c 00110153 6