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HomeMy WebLinkAbout2007-09-10 Ordinance 4966ORDINANCE NO 4966 ORDINANCE OF THE COU1\lCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.76.020 OF CHAPTER 18.76 AND SECTIONS 18.77.020, 18.77.060 AND 18.77.070 OF CHAPTER 18.77 OF TITLE 18 OF THE PALO ALTO MU1\lICIPAL CODE TO PROVIDE ADDITIONAL REVIEW CRITERIA ADDRESSING COU1\lCIL SUSTAINABILITY POLICY AND GREEN BUILDING NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Section 18.76.020 of Chapter 18.76 of Title 18 of the Palo Alto Municipal Code is hereby amended to read, as follows: -----~----"1-8._16.020-A~chitectu~al-Rev:iew~. ---- caY-Purpose. The purpose of architectural review is to: (1) Promote orderly and harmonious development in the city; (2) Enhance the desirability of residence or investment in the city; (3) Encourage the attainment of the most desirable use of land and improvements; (4) Enhance the desirability ofliving conditions upon the immediate site or in adjacent areas; and (5) Promote visual environments which are of high aesthetic quality and variety and which, at the same time, are considerate of each other. ============--~-E~)---AppliGamlTIit~y.~================================================== No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor project, as set forth in this section, unless an application for architectural review is reviewed, acted upon, and approved or approved with conditions as set forth in Section 18.77.070. (1) Exempt Projects. Single-family and two-family residences do not require architectural review, except as provided under subsections (2)(C) and (2)(D). (2) Major Projects The following are "major projects" for the purposes of the architectural review process set forth in Section 18.77.070, and are subject to review by the architectural review board: (A) New construction, including private and public projects, that: 1 070919 syn 0120254 (i) Includes a new building or building addition of five thousand square feet or more; or (ii) Is not exempt under the California Environmental Quality Act (CEQA) (Section 21000 et seq. of the California Public Resources Code); or (iii) Requires one or more variances or use permits and, in the judgment of the director, will have a significant effect upon the aesthetic character of the city or the surrounding area; (B) Any multiple-family residential construction project that contains three or more units; (C) duplexes; Construction of three or more adjacent single-family homes or (D) In the Neighborhood Preservation Combining District (NP), properties on which two or more residential units are developed or modified, -----------=ex .. c=e=pt wnen one of-IDose units is a "secona.Qwelling unh", as aescrilJea. !.;in--------- _________ ~S~ec~t~io~n~I~8=.3~0~.0~4~0W1----------------_______ __ (E) Any proj ect using transferred development rights, as described in Chapter 18.87; (F) A master sign program, pursuant to Chapter 16.20; (G) Signs that do not meet all applicable design guidelines adopted by the city councilor do not conform to a previously approved master sign program; (H) Signs requiring a sign exception pursuant to Chapter 16.20; (1) Any minor project, as defined in subsection (3), that the director determines will significantly alter the character or appearance of a building or site. (3) Minor Projects. The following are "minor projects" for the purposes of the architectural review process set forth in Section 18.77.070, except when determined to be major pursuant to subsection (2)(1): ======================··=···~1~)~w~riSftuctio~ncltiilirig=pri~a~rl=puhlic pi~ec~~hatt======== involves a new building or building addition of fewer than 5,000 square feet, and 070919 syn 0120254 which is exempt under the California Environmental Quality Act (CEQA) (division 13 of the Public Resources Code, commencing with section 21000); (B) Signs that meet all applicable guidelines and conform to any previously approved master sign program; (C) Landscape plans, fences, exterior remodeling, and design Qf parking areas, when not part of a major project; (D) Any project relating to the installation of cabinets containing communications service equipment or facilities, pursuant to any service subject to Chapter 2.11, Chapter 12.04, Chapter 12.08, Chapter 12.09, Chapter 12.10, or Chapter 12.13. (E) Minor changes to the following: 2 (i) Plans that have previously received architectural review approval; (ii) Previously approved planned community district development plans; (iii) Plans that have previously received site and design approval; (iv) Previously approved plans for projects requiring Council approval pursuant to a contractual agreement, resolution, motion, action or uncodified ordinance; (v) Existing structures requiring Council site and design approval or approval pursuant to a contractual agreement, resolution, motion, action, or uncodified ordinance. As used in this subsection, the term "minor" means a change that is of little visual significance, does not materially alter the appearance of previously approved improvements, is not proposed for the use of the land in question, and does not alter the character of-tlrestructure involved-. If the cumulative effectof multiple minor cn=an=g=e=s.---------- ________ w--'-'--"'o-=u=ld"'--"-'re=s=u=lt'--'i=n'--'a~m=ajor chan@, a new application for Architectural Review allPl!!T..."o,-"v-",a,,-1 ~of~a ____ _ major project, Site and Design approval, Planned Community District approval, or other applicable approval is required. (E) Any changes to previously approved plans requiring architectural review as a minor project as part of the conditions of a permit or approval. (c) Preliminary Review For the purpose of securing the advice of the architectural review board prior to making an application for the board's recommendation on a project, an applicant, upon paying a preliminary application fee, as set forth in the municipal fee schedule, may bring a design before the board for preliminary review. If the applicant wishes to proceed with the project, he or she must then file an application and pay a regular application fee. The comments of the architectural review board members during a preliminary review shall not be binding on their formal recommendation. (d) Findings .u--Neitber..=theudirector,uDor the city COllDCiloD appeal,-.:BhalLgrantarchitecturaLuwiew approval, unless it is found that: (1) The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan; (2) The design is compatible with the immediate environment of the site; (3) The design is appropriate to the function of the project; (4) In areas considered by the board as having a unified design character or historical character, the design is compatible with such character; (5) The design promotes harmonious transitions in scale and character in areas between different designated land uses; (6) The design is compatible with approved improvements both on and off the site; 3 070919 syn 0120254 (7) The planning and siting of the various functions and buildings on the site create an internal sense of order and provide a desirable environment for occupants, visitors and the general community; (8) The amount and arrangement of open space are appropriate to the design and the function of the structures; (9) Sufficient ancillary functions are provided to support the main functions of the project and the same are compatible with the project's design concept; (10) Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles; (11) Natural features are appropriately preserved and integrated with the project; (12) The materials, textures, colors and details of construction and plant material are appropriate expression to the design and function and whether the same are ------------,c"'o"'m""p""'atl1Jle witntIre-adjm::-enr--aml-neighb-orin-g-structureg;--lamiscap-e-elements-and functions; (13) The landscape design concept for the site, as shown by the relationship of plant masses, open space, scale, plant forms and foliage textures and colors create a desirable and functional environment and whether the landscape concept depicts an appropriate unity with the various buildings on the site; (14) Plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety which would tend to be drought- resistant and to reduce consumption of water in its installation and maintenance; (15) The project exhibits green building and sustainable design that is energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be utilized in determining sustainable site and building design: (A) Optimize building orientation for heat gain, shading, daylighting, and natural ventilation; ===============-~'-Q£landscaping-tO-CIeate-com.furtablec-micro=-c1imates-:and reduce heat island effects; (C) Design for easy pedestrian, bicycle and transit access; (D) Maximize on site stormwater management through landscaping and permeable paving; (E) Use sustainable building materials; (F) Design lighting, plumbing and equipment for efficient energy and water use; (G) Create healthy indoor environments; and (H) Use creativity and innovation to build more sustainable environments. (16) The design is consistent and compatible with the purpose of architectural review as set forth in subsection (a). (e) Conditions 4 070919 syn 0120254 In granting architectural review approval, reasonable conditions or restrictions may be imposed if appropriate or necessary to protect the public health, safety, general welfare, or convenience, to secure the purposes of this title, and to: (1) Promote the internal integrity of the design of the project; (2) Assure compatibility of the proposed project's design with its site and surroundings; (3) Minimize the environmental effects of the proposed project; provided, however, that the architectural review board's sole responsibility with respect to the storage of hazardous materials is to require compliance with Title 17 (Hazardous Materials Storage). (f) Application Review and Action Applications for Architectural Review shall be reviewed and acted upon as set forth in Section 18.77.070 (Architectural Review ProcessL ___ _ ----------£SE~C~'I':!..:I~Oti:~~J ~2.~SestHm-l-fL77.020--M-Chapter 18.77 of Title 18 of the-J!ak>-Alt,\1-0 ~M'Huwn~ic>±tipMa±-l ---- Code is hereby amended to read, as follows: "18.77.020 Applications (a) Filing of application and application contents All applications pursuant to this chapter shall be filed with the director in a form prescribed by the director. The application form shall contain a list of information that must be submitted in order for the application to be deemed complete. This may include, but is not limited to, information determined necessary by the director to conduct a review of the application pursuant to: by: (1) State law (including the California Environmental Quality Act (CEQ A) (Section 21000 et seq. of the California Public Resources Code) and the Digital Infrastructure and Video Competition Act of 2006, Assembly bill 2987 (Ch. 700, Stats. 2006) (DIVCA), and city compliance with the Political Reform Act (Title 9 of the GQyemm.el1t(~ode, Se~ti01L8J()()Q~t s~q.); (2) The Palo Alto Comprehensive Plan; (3) The Palo Alto Municipal Code; (4) This title (Zoning); and (5) Council adopted sustainability polices. (b) Signature of applications A separate application shall be filed for each site, and each application shall be signed (1) All owners of the real property included in the site or sites; or (2) A purchaser of the real property included in the site or sites, when acting pursuant to a contract in writing duly executed and acknowledged by both the buyer and the owner of record; or 5 070919 syn 0120254 (3) A lessee in possession of the real property included in the site or sites, when acting with the written consent of the owner of record; or (4) An agent of the owner of record of the real property included in the site or sites, when duly authorized by the owner in writing. ( c) Receipt of application No application shall be deemed received until the following have been provided: (1) All fees for the application as set forth in the schedule of fees established by resolution of the city council have been paid; and (2) All documents specified as part of the application in this chapter or on the application form have been filed. (d) Resubmittal of applications --------If-an-application-is-cienieci,the-ciirector-or-eity-council-may-specify-iliat-a-substantiaHy-·--- similar application may not be accepted within 12 months prior to the date of such denial, unless it is shown that the circumstances surrounding the application have changed substantially." SECTION 3. Section 18.77.060 of Chapter 18.77 of Title 18 of the Palo Alto Municipal Code is hereby amended to read, as follows: "18.77.060 Standard Staff Review Process. (a) Applications Subject to Standard Staff Review Process The following applications are subject to the review process set forth in this section: (1) Variances, conditional use permits, neighborhood preservation exceptions; and (2) Other permits and approvals for which such review process is required by the provisions of Title 2, Title 12 or Title 18. (b) Notice of application completeness ===============<GnGe-an-appliGatron-is-d€€m~Q-G()mplm~tre=that=tlre=appliGati()n-l1as=~fi:loo=amt========= deemed complete shall be given by mail to owners and residents of property within 600 feet of the property, by publication, bye-mail, and by posting in a public place. The notice shall include the address of the property and a brief description of the proposed project. (c) Decision by the director Not less than twenty-one days following the date an application is deemed complete: (1) The director shall prepare a proposed written decision to approve, approve with conditions, or deny the application. (2) Notice of the proposed director's decision shall be given by mail to owners and residents of property within 600 feet of the property, by publication, by e-mail, and by posting in a public place. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed 6 070919 syn 0120254 director's decision, the date the decision will be final if no hearing is requested, and a description of how to request a hearing. (3) The proposed director's decision shall become final fourteen days after the date notice is mailed or published, whichever is later, unless a request for a hearing is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issued the proposed decisions. (4) Any party, including the applicant, may request a hearing of the planning and transportation commission on the proposed director's decision by filing a written request with the planning division. There shall be no fee required for requesting such a hearing. (d) Withdrawal of Hearing Request (1) At any time prior to the hearing, the applicant and the person or persons requesting a hearing may meet to discuss ways to address the concerns with the ------"a ... pp"""lication. TIIe-appltcant-rnay-tlrenilludify-the-applicatiun-ttnrddress-suclrconcems:-.--.---- With the consent of the applicant and the person or persons requesting a hearing, the director may issue a revised proposed decision. The revised proposed decision shall identify the modifications made to the previously issued decision. Upon the issuance of a revised proposed decision by the director, the person or persons requesting a hearing shall withdraw such request. (2) Notice of the proposed director's decision shall be given by mail to owners and residents of property within 600 feet of the property, by publication, by e-mail, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, the specific modifications made to the application, the date the decision will be final, a description of how to request a hearing, and a statement that any request for a hearing on the revised decision is limited to those modifications. (3) The revised proposed director's decision shall become final fourteen days after the date notice is mailed or published, whichever is later, unless a request for a hearing is filed. The director may, for good cause, specify in writing a longer period for Jecme~tingaheariI1g_at the time he or she issues the proposed deci~ion. (e) Hearing and Recommendation (upon request) by the Planning and Transportation Commission (1) Within 45 days following the filing of a timely hearing request of a proposed director's decision or revised proposed director's decision the planning and transportation commission shall hold a hearing on the application, unless the request is withdrawn as described above. (2) Notice of the revised director's decision shall be given by mail to owners and residents of property within 600 feet of the property, by publication, bye-mail, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, and the date, time and location of the hearing. (3) Following the hearing, the planning and transportation commission shall make a recommendation on the application, which shall be forwarded to the city council. 7 070919 syn 0120254 (f) Decision by the Council The recommendation of the planning and transportation commission on the application shall be placed on the consent calendar of the Council within 30 days. The Council may: (1) Adopt the findings and recommendation of the planning and transportation COmn1ission; or (2) Remove the recommendation from the consent calendar, which shall require three votes, and: (A) Discuss the application and adopt findings and take action on the application based upon the evidence presented at the hearing of the planning and transportation commission; or (B) Direct that the application be set for a new hearing before the city council, following which the city council shall adopt findings and take action on the application. (g) Decision by the Council final The decision of the Council is final." SECTION 4. Section 18.77.070 of Chapter 18.77 of Title 18 of the Palo Alto Municipal Code is hereby amended to read, as follows: "18.77.070 Architectural Review Process. (a) Applications Subject to Architectural Review Process The following applications are subject to the review processes set forth in this section: (1) Any major or minor project requiring architectural review approval, as set forth in Section 18.76.020 (Architectural Review); (2) Any project requiring a design enhancement exception; and (3) Other permits and approvals for which such review process is required by -the.::pf-O-visions:-of-litle2;Iitle..:.l2.o.r Iitle-I 8n (b) Tentative director's Decision and Hearing Upon Request for Minor Projects For a minor project, as defined in Section 18.76.020(b)(3), once the application IS deemed complete: (1) The director shall prepare a proposed written decision to approve, approve with conditions, or deny the application. (2) Notice of the proposed director's decision shall be given by publication. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director's decision, the date the decision will be final if no hearing is requested, and a description of how to request a hearing. (3) The proposed director's decision shall become final 14 days after the date notice is mailed or published, whichever is later, unless a request for a hearing is filed. 8 070919 syn 0120254 The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the proposed decision. (4) Any party, including the applicant, may request a hearing by the architectural review board on the proposed director's decision by filing a written request with the planning division. There shall be no fee required for requesting such a hearing. (c) Request Hearing and Recommendation for Major Projects, and for Minor Projects Upon (1) Upon receipt of a completed application for a major project (as defined in Section 18.76.020(b)(2)), or upon receipt of a timely request for a hearing for a minor project (as defined in Section 18.76.020(b)(3)), the architectural review board shall set a hearing date to review the application. (2) Notice of the hearing shall be given at least 10 days prior to the hearing by publication in a local newspaper, by posting in a public place, and by mailing to the ----------.a=p=plicant-;-tnenearing requestor, if applicaDle, annan residents ana. owners oCpropeit)T------- within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing. (3) Following the hearing, the architectural review board shall make a recommendation on the application, which shall be forwarded to the director. (d) Decision by the director Upon receipt of a recommendation of the architectural review board: (1) Within 3 days, the director shall prepare a written decision to approve the application, approve it with conditions, or deny it. (2) Notice of the director's decision shall be given by mailing to owners and residents of property within 600 feet of the property, by publication once in a local newspaper, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, a brief description of the action to be taken, the date the decision will be final, and a description of how to request a hearing. (3) The director's decision shall become final 14 days after the date notice is ========rmruanifia=er,:,,:pu~rlsheEf,-wIife:lie.ver-is-latef, 1lllless-an-appeal-ls--:flleEl.. -tlle=dlreetor':":may,fomri'====== good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the proposed decision. (4) If the architectural review board continues a minor project more than once, or a major project more than twice, the director may make a decision on the application prior to receiving the final recommendation of the board. (e) Appeal of the director's Decision -Filing Any party, including the applicant, may file an appeal of the director's decision with the planning division. The appeal shall be filed in written form in a manner prescribed by the director. (f) Decision by the Council 9 070919 syn 0120254 The appeal of the director's decision shall be placed on the consent calendar of the city council within 30 days. The city council may: (1) Adopt the findings and decision of the director; or (2) Remove the appeal from the consent calendar, which shall require three votes, and: (A) Discuss the appeal and adopt findings and take action on the appeal based upon the evidence presented at the hearing of the architectural review board; or (B) Direct that the appeal be set for a new hearing before the city council, following which the city council shall adopt findings and take action on the application. (g) Decision by the Council final _~ . ___ . ___ T.he~de.cisio~of.Jhe~GmmciLo~n.--the--.appeal is fina1.~ ________ . ____ ~_ SECTION Y.-ff any section of this ordinance, or part hereof, is held by a court of competent jurisdiction in a final judicial action to be void, voidable or enforceable, such section, or part hereof, shall be deemed severable from the remaining sections of this ordinance and shall in no way affect the validity of the remaining sections hereof. SECTION 6. The Council hereby finds that this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines, because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of this ordinance. II II II 11 II II II II II II II 10 070919 syn 0120254 SECTION 7. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption. INTRODUCED: August 06, 2007 PASSED: September 10,2007 AYES: BARTON, BEECHAM, CORDELL, DREKMEIER, KLEIN, KLEINBERG, MORTON, MOSSAR NOES: ABSTENTIONS: NOT PARTICIPATING: ABSENT: KISHIMOTO A}J[S,T: ~ iKJbtJ(A~. . City Clerk 9- APPROVED: APPROVED AS TO FORM: ~~-~. Assistant City Attorney 11 070919 syn 0120254