HomeMy WebLinkAbout1997-05-05 Ordinance 4414ORDINANCE NO. 4414
ORDINANCE OF THE COUNCIL OF THE CITY CF 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 SECTION
16.50.085
follows:
The Council of the City of Pala Alto does ORDAIN as
SECTION 1. Legislative Findings. The Council fiiida 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,
Council on October 28, 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
demolition of residential structures built before 1940, and review
of the design quality and neighborhood compatibility of replacement
structures ('Interim Regulations"). Chapter 16.50 was subsequently
amended on April 22, 1997, by Ordinance No. 4411.
B. Based upon public testimony during consideration of
amendments to the Interim Regulations, Council concluded that
application of the compatibility standards authorized under the
Interim Regulations would be inappropriate as to certain properties
which suffered damage due to natural disaster or fire during the
months immediately preceding enactment of the Interim Regulations.
It is necessary for the preservation of the public health, safety
and welfare to amend the Interim Regulations in order to exempt
such properties from compliance with the compatibility standards.
SECTION 2. Chapter 16.50 of Title 16 of the Palo Alto
Municipal Code is hereby amended by the addition of a new section
16.50.085 to read as follows:
16.50.085 Exception from Compatibility Review Requirements.
Notwithstanding the provisions of Section 16.50.080, compliance
with the Compatibility Review Standards shall not be required
before issuance of a building, demolition, or other permit
affecting a Contributing Residence when each of the following
conditions exists:
(a) The permit is for demolition or reconstruction
necessitated by a fire or natural disaster which occurred between
January 1 and October 15, 1996, and which is not known by the City
to be the result of arson by the owner or occupant;
(b) The damage caused to the Contributing Residence by the
fire or natural disaster exceeded twenty-five percent (25%) of the
replacement value of the structure;
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(c) A complete application for the permit is submitted to
the building division on or before July 1, 1997; and
(d) As determined by the Director of Planning and
Community Environment, the immediate neighborhood contains many
examples of existing hues which would not satisfy the
Compatibility Review Standards.
SECTION 3. 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.
SECTION 4. This ordinance shall became 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 27 ; 199'
PASSED: May 5, 1997
AYES: EAKINS, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, WHEELER
NOES : ANDERSEN
ABSTENTIONS:
ABSENT:
TO -.FORS
_ (
ar Asst.'ity Attorney
THIS DOCUMENT 1S CERTIFIED TO BE AN
ORDNANCE DULY PASSED BY THE c0UNCIi.
OF THE CITY OF PALO ALTO AND
THEREAT/ER POUFS
ropUNCIL
CHAMBERS ftS ON , _ (WITHIN 15
DAYS OF ITS P
"1 cenfi' (or declare)under penalty
01 perj0ry that the foregoing is MIA
2
Director of Planning and
Community Environment
970507 lac«