HomeMy WebLinkAbout2009-05-11 Ordinance 5038Ordinance No. 5038
Ordinance of the Council of the City of Palo Alto Amending
Section 18.18.070 (e) (Floor Area Bonuses) of Title 18
(Zoning) of the Palo Alto Municipal Code Regarding Protective
Covenant in Favor of City
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18.18.070(e) of Chapter 18.18 of Title 18 of the Palo Alto
Municipal Code is hereby amended to read, as follows:
(e) Certification of FAR Bonuses
'[he floor area bonuses described in subsection (a), except the bonus described in
subsection (a)(I), may be used on the site ofthe proposed seismic and/or historic
rehabilitation project and a building permit issued therefor only upon satisfaction
of all the requirements in subsection (d) above. Upon determining that the project
has been completed as approved, or in the case of city-owned buildings upon
completion of all of the requirements of Chapter 18.28, the director or director's
designee shall issue a written certification which shall state the total floor area
bonus utilized at the site (in the case of buildings in the CD-Commercial
Downtown District), and the amount (if any) of remaining floor area bonus which
is eligible for transfer to another site pursuant to the provisions ofthis chapter.
The certification shall be recorded in the office of the county recorder and a copy
shall be provided to the applicant.
As a condition precedent to being credited with a historic rehabilitation floor area
bonus whether for use on-site or for transfer, the owner ofthe site shall enter into
an unsubordinated protective covenant running with the land in favor of the city
(or, if the city is the owner, in favor of a qualifie4 and disinterested third party if
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rights), in a form satisfactory to the city attorney, to assure that the property will
be rehabilitated and maintained in accordance with the Secretary of Interior's
Standards for Rehabilitation of Historic Buildings, together with the
accompanying interpretive Guidelines for Rehabilitation of Historic Buildings, as
they may be amended from time to time. For City owned buildings subject to a
long term lease often (10) or more years where the rehabilitation work is to be
performed by the lessee, this protective covenant shall be in favor of the City.
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SECTION 2. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
SECTION 3.
date of its adoption.
This ordinance shall be effective on the thirty-first day after the
INTRODUCED:
PASSED:
AYES:
APRIL 6, 2009
MAY 11,2009
BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN,
SCHMID, YEH
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ABSENT: MORTON
ABSTENTIONS:
Mayor
APPROVED:
Director of Planning and Community
Environment
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