HomeMy WebLinkAbout1996-10-28 Ordinance 4381• •
ORDINANCE NO. 4381
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING CHAPTER 16.50 TO THE PALO ALTO MUNICIPAL
CODE TO ESTABLISH 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
The Council of the City of Palo Alto does ORDAIN as
follows:
S$(J'ION 1. Legislative Findings. The Council finds and
declares as follows:
A. The protection, enhancement, perpetuation, and use of
structures, districts, and neighborhoods of historical and
architectural significance within the City of Palo Alto are of
great cultural, aesthetic, and economic benefit to the City and all
of its residents.
B. The City Council and the City's Historic Resources
Board have recognized that the current Historic Preservation
Ordinance does not adequately protect certain historic resources
within the City. Accordingly, the City Council in June 1996
approved a work program for updating of the City's Historic
Preservation Ordinance and the City's historic resources inventory.
C. It is necessary for the preservation of the public
health, safety and welfare to enact interim regulations governing
the demolition and alteration of residences originally constructed
before 1940, and to regulate the design compatibility of
replacement structures,
S13CTION 2. Chapter 16.50 is hereby added to Title 16 of
the Palo Alto Municipal Code to read:
16.50.010 Purpose. The purpose of this chapter is to
protect the health, safety, welfare, and quality of life of the
residents of the City through interim preservation of potentially
historic residences built before 1940 while the City's historic
preservation ordinances and historic resources inventory are
revised and updated. It is further necessary to regulate the
design compatibility of replacement structures built on the site of
specified pre -1940 residences that are demolished or altered
pursuant to this chapter.
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,
or other person acting with the owner's written consent, or a
residential property owner or resident who owns or resides in
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property within three hindred 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
replacement 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. The Compatibility
Review Standards shall 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 Protected Residence
that is not a Historic Landmark Residence, but which is determined
to meet the applicable Standards for Historic Designation pursuant
to this chapter.
(d) "Demolition"means removal of more 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
architectural 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.
(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
Residence, or Structure without Historic Merit, which determination
shall be reached upon the basis of a recommendation of the Historic
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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 following a public hearing
noticed pursuant to Section 16.49.040, for the purpose of
determining whether there is no possibility that the Protected
Residence could meet the Standards for Historic Designation.
(j) "Protected Residence" means a residential structure
that was originally constructed before 1940.
(k) "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 Interior's Standards for Rehabilitation
and the Guidelines for Rehabilitating Historic Buildings, as they
may be amended.
(1) 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.
(r) "Structure without Historic Merit' mean: a Protected
Residence that is neither a Historic Landmark Residence or
Contributing Residence.
16.50.030 Protected Residence Demolition Prohibited. No
person shall cause or permit Demolition_ of a Protected Residence
except upon a final determination that the Protected Residence is
a Structure without Historic Merit or, in the case of a
Contributing Residence, unless Demolition is permitted pursuant to
16.50.050.
16.50.040 Historic Landmark Residence Alteration or
Demolition Prohibited. No person shall cause or permit Historic
Landmark Residence Alteration or Demolition except as authorized
pursuant to Section 16.50.090 and 16.50.100.
16.50.050 Contributing Residence Demolition Prohibited. No
person shall cause or permit Demolition of a Contributing Residence
except upon a final determination that the replacement structure
meets the Compatibility Review Standards.
16.50.060 Historic Merit Screening Required. (a) A
Historic Merit Screening shall be required upon application for and
before issuance of any building, demolition or other permit for the
alteration of any Protected Residence other than a Historic
Landmark Residence, except when a Historic Merit Evaluation is
sought directly as provided in Section 16.50.070(b).
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(b) Any person may, with the written consent of the owner,
apply for a Historic Merit Screening for any Protected Residence
other than a Historic Landmark Residence without being required to
apply for any building, demolition or other permit for the
alteration of a Protected Residence.
(c) A Historic Merit Screening conducted pursuant to
paragraph (a) of this section which results in a determination that
there is no possibility that the Protected Residence could meet the
Standards for Historic Designation shall be appealable to the
historic resources board by an Aggrieved Person as provided in
Section 16.50.120(a).
16.50.070 Historic Merit Evaluation. (a) A Historic
Merit Evaluation shall be required following any Historic Merit
Screening that results in a final determination that a Protected
Residence could meet the Standards for Historic Designation.
(b) Any person may, with the written consent of the owner,
apply for a Historic Merit Evaluation without a prior Historic
Merit Screening, or without being required to apply for any
building, demolition or other permit for the alteration of a
Protected Residence, if the director of planning and community
environment determines with certainty from the face of the
application that the Protected Residence is likely to be determined
to be a Historic Landmark Residence or Contributing Residence.
(c) The director of planning and community environment's
determination shall be either to accept the historic resources
board's recommendation or to return the application to the board for
reconsideration.
(d) A Historic Merit Evaluation shall be appealable
directly to the city council by an Aggrieved Person as provided in
Section 16.50.120(b).
16.50.080 Compatibility Review for Replacement of
Contributing Residences. No building, demolition or other permit
for the alteration of any Contributing Residence shall be issued
unless the proposed replacement structure complies with the
Compatibility Review Standards.
16.50.090 Alteration Review for Historic Landmark
Residences. (a) No building, demolition or other permit for the
alteration of any Historic Landmark Residence shall be issued
except upon the director of planning and community environment's or
his or her designee's written determination that the proposed
alteration meets the Standards for Alteration of Historic Landmark
Residences, 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.
(b) The director of planning and community environment's
determination shall be either to accept the historic resources
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board's recommendation or to return the application to the board for
reconsideration.
(c) Alteration review determinations shall be appealable
directly to the city council by an Aggrieved Person as provided in
Section 16.50.120(b).
16.50.100 Removal of Historic Landmark Residences. (a)
Removal or complete destruction of Historic Landmark
Residences shall be permitted upon application of the owner, or
other person authorized in writing by the owner, if the director of
planning and community environment or his or her designee makes a
written determination, following a public hearing noticed pursuant
to Section 16.49.040, that either of the following conditions
exist:
(1) The Historic Landmark Residence in its current
condition cannot be used for any economically viable purpose, the
current condition is not the result of neglect or failure to
maintain_ by the current owner, and renovation pursuant to the
Standards for Alteration of Historic Landmark Residences is not
economically feasible, or
(2) The Historic Landmark Residence is determined to be a
dangerous or substandard building within the meaning of chapter
16.40 and removal or complete destruction is the only economically
feasible means to secure public safety.
(b) The applicant shall bear the burden of proving, by a
preponderance of the evidence, that the conditions listed in
paragraph (a) exist.
(c) The director of planning and community environment's
determination shall be appealable directly to the City Council by
an Aggrieved Person as provided in Section 16.50.120(b).
(d) This section shall not be construed to permit Historic
Landmark Residence Alteration without compliance with Section
16.50.090.
(e) Any replacement structure on a site where a Historic
Landmark Residence is removed pursuant to this section shall comply
with the Compatibility Review Standards.
16.50.110 Promulgation of Written Historic Preservation
Regulations Authorized. (a) The director of planning and
community environment is authorized and directed to promulgate
written Historic Preservation Regulations to facilitate
implementation of this chapter. The Historic Preservation
Regulations shall include, at a minimum, Standards for Historic
Designation, Standards for Alteration of Historic Landmark
Residences, Compatibility Review Standards and any administrative
directions to city departments necessary to implement this chapter.
(b) The Historic Preservation Regulations shall be
presented to the city council for review and approval by a duly
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adopted resolution. Following council approval, the Historic
Preservation Regulations shall be published and distributed to the
public as an appendix to this chapter.
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 procedures in this section.
(1) 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 chaiLperson of
the historic resources board of the appeal, and shall forward all
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 environment
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
comity environment be affirmed, changed or modified, 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.
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(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 shall be in the same form 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) A].1 appeals pursuant to this chapter shall be
conducted de novp so tha{, any person, including city staff, may
introduce any evidence or argument, even if not presented in
earlier proceedings.
16.50.130 Designation Moratorium for Protected Residences.
Upon filing of a complete application for designation of a
Protected Residence as a historic structure pursuant to section
16.49.040, there shall be an autocratic moratorium on alteration or
demolition of the structure. The puipose of this moratorium is to
permit the Historic Resources Board to evaluate the historic merit
of the structure. The moratorium shall expire sixty days from
filing of the application, or upon a designation decision by the
Historic Resources Board, whichever occurs earlier.
16.50.140 Enforcement. (a) Unlawful alteration or
demolition.
(1) Violation --Penalties. It is unlawful for any person
or entity to alter, demolish or cause to be altered or demolished
any structure in violation of any of the provisions of this
chapter. Any person or entity violating these provisions is guilty
of a misdemeanor.
(2) Civil penalty. Any person or entity who alters,
demolishes or causes alteration or demolition of a structure in
violation of the provisions of this chapter shall be liable civilly
in a sum equal to the replacement cost of the building, or an
amount in the court's discretion not to exceed ten thousand
dollars.
(3) Injunctive relief. The city attorney may maintain an
action for injunctive relief to restrain a violation or cause,
where possible, the complete or partial restoration,
reconstruction, or replacement in kind of any structure demolished,
altered or partially demolished in violation of this chapter.
(4) Restriction on development. Alteration or demolition
of a structure in violation of this chapter shall authorize the
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director of planning and community environment to issue a temporary
moratorium on development of the subject property, not to exceed
eighteen months from the date the violation occurred. The purpose
of the moratorium is to provide the city an opportunity to study
and determine appropriate mitigation measures for the alteration or
removal of the structure, and to ensure measures are incorporated
into any future development approvals for the property. Mitigation
measures as determined by the director shall be imposed as a
condition of any subsequent permits for development on the subject
property,
(b) Remedies not exclusive. The remedies provided by this
section are not exclusive.
16.50.150 Saverability. If any provision of this chapter
or the application thereof to any person or circumstance is held to
be invalid by a court of competent jurisdiction, such invalidity
shall not affect any other provision of this chapter which can be
given effect without the invalid provision or application, and to
this end the provisions of this chapter are declared to be
severable.
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 become effective upon the
cone,,encement of the thirty-first day after the date of its adoption
and shall remain ii. effect until the earlier of its repeal or
November 30, 1997.
INTRODUCED: October 15, 1996
PASSED: October 28, 1996
AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, SIMITIAN,
WHEELER
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
ector o P annin
Community Environment
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