The URL can be used to link to this page

Home My WebLink About1996-11-04 Ordinance 4385 (2)ORDINANCE NO. 4385 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.90.055 OF TI'iLE 18 OF THE PALO ALTO MUNICIPAL CODE TO ALLOW HOME IMPROVEMENT EXCEPTIONS FOR TREE PROTECTION WHEREAS the Planning Commission, after a duly noticed public hearing held September 25, 1996, has recommended that Section 18.90.055 of Title 18 (Zoning Ordinance) be amended as hereinafter set forth, NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: $$CTION 1. The City Council finds as that in order to promote the health, safety, and general welfare of the residents of the City, it is necessary to enact regulations which will encourage protection of significant trees on residential property within the City. SECTION 2. Section 18.90.055 (Home Improvement Exceptions)of Chapter 18.90 of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows: 18.90.055 Rome improvement .exception --Findings and conditions. (a) The zorthg administrator may grant a home improvement exception if, after consideration of the application and all testimony offer"' at the public hearing (if any), he or she finds: (1) There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district. (2) The granting of the application is desirable for the preservation of an existing architectural style or neighborhood character, or a protected tree as defined in Chapter 8.10 or other significant tree, which would not otherwise be accomplished through the strict application of the regulations. (3) The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare, or convenience. In determining whether or not to grant exceptions pursuant to this section, the zoning administrator shall consider such applicable residential design guidelines as may be adopted and published by the city council from time to time. (b) In granting such home improvement exceptions, the zoning administrator may impose sucn reasonable conditions or restrictions as he or she deems appropriate or necessary to protect the public %1113 LK O ) 329 health, safety, general welfare, or convenience, and to secure the purposes of this title. S$CTI©N 3. The City Council finds that this project is exempt from the provisions of the Environmental Quality Act ("CEQA') because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment. $ECTii0N 4. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption. INTRODUCED: October 21, 1995 PASS ED: November 4, 1996 AYES : ANDERSEN, HUBER, KNISS, MC NOES: ABSENT: FAZZINO ABSTENTIONS : SIMITIAN ATTEST Ci Clerk APP AS TO Senior Asst. City ttorney THIS DOCUMENT 15 CERTIFIED TO 5E AN ORDINANCE DULY PASSED BY THE COUNCIL Or THE CITY OF PALO ALTO ANO THELIArTE.R POST"^ IN THE COUNCIL CH>`..' —,RS ON s LJiS / 6i 4 (WITHIN 15 DAYS :i:- 175 f?F:::: "I ca nor under penalty of r.. q,_ry that th foregoing is true end ;orreci" 0 , ROSEN3AU.1, SCHNEIDER, WHEELER APPROVED: i put. City Manaer Administrative Services Director of lanning and C�ti`; Env- onment 961113 lac 0050329 2