HomeMy WebLinkAbout2001-09-19 Ordinance 4717follows:
ORDINANCE NO. 4717
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING TITLE 18 OF THE MUNICIPAL CODE TO ADD A
NEW CHAPTER 18.14 (INDIVIDUAL REVIEW PROCESS FOR
CERTAIN TWO STORY RESIDENTIAL CONSTRUCTION
PROJECTS IN THE R-1 SINGLE FAMILY DISTRICT)
The City Council of the City of Palo Alto does ordain as
SECTION 1. The Council finds and declares that:
A. Because the City is largely built-out , most
residential construction takes place within established
neighborhoods. Encouraging new construction that respects
privacy I streetscape , and the character of established
neighborhoods fosters harmonious community relationships and
enhances the desirability of the City's residential
neighborhoods. Appropriate massing of, new construction and
additions is an important technique for achieving these goals.
B. The City formed an advisory group to study the
ongoing problem of residential construction that significantly
alters privacy relationships and streetscape. The advisory group
began meeting in January 2000. After thorough consideration of
the problem and possible solutions , the advisory group
recommended that the City adopt a discretionary individual
review process for new two-story horne construction and for the
addi tion or expansion of second stories in single family (R-1)
zone districts.
C. After consideration of the recommendations of the
advisory group and public comments at study sessions on March
211 2001 and May 23 1 2001 and a duly noticed hearings on June 6 1
2001 and July 111 2001 1 the Planning and Transportation
Commission recommended to the City Council that Title 18 of the
Palo Alto Municipal Code be amended to adopt a discretionary and
individual review process for certain new residential
construction projects.
SECTION 2. A new chapter 18.14 is hereby added to Title
18 of ·the Palo Al to Municipal Code to read as follows:
1
011001 syn 0090862
· ,
Chapter 18.14 R-1 Single Family Individual Review.
Section 18.14.010
Section 18.14.020
Section 18.14.030
Section 18.14.040
Section 18.14.050
Section 18.14.060
Section 18.14.070
Section 18.14.080
Section 18.14.090
Section 18.14.100
Section 18.14.110
Applicability of chapter.
Goals and purposes.
Definitions.
Preliminary meeting with planning
division.
Application for individual review.
Notice.
Comment period.
Staff review.
Optional director's hearing.
Appeal to council.
Guidelines.
18.14.010 Applicability of chapter.
The provisions of this chapter apply to the construction
of a new singly developed two-story structure i the construction
of a new second story i or the expansion of an existing second
story by more than 150 square feet in the R-1 single family
residential district. All second-story additions on a site
after November 19, 2001 shall be included in calculating whether
an addition is over 150 square feet.
18.14.020 Goals and purposes
The goals and purposes of this chapter are to:
(a) Preserve
neighborhoodsj
the unique character of Palo Alto
(b) Promote new construction· that is compatible with
existing residential neighborhoodsj
(c) Encourage respect for the surrounding context in
which residential construction and alteration takes placej
(d) Foster consideration of neighbors' concerns with
respect to privacy, scale and massing, and streetscapei and
(e) Enable the emergence of new neighborhood design
patterns that reflect awareness of each property's effect upon
neighboring properties.
2
011001 syn 0090862
, ,
18.14.030 Definitions.
For the purposes of this chapter, the following terms
shall be used as herein defined:
(a) "Adjacent properties" means those properties sharing
a common boundary with the subj ect property, the property or
properties located directly across the street, and the next
properties located diagonally across the street from the subject
property.
(b) "Director" means the Director of Planning and
Community Environment or his or her designate.
(c)
issued by
chapter.
"Individual
the Director
Review Guidelines"
to implement the
means the standards
provisions of this
(d) "Storyboard" means a visual depiction of the
proposed project in its setting among the adjacent properties.
18.14.040 Preliminary meeting with planning staff.
before
with
the
Project applicants are strongly encouraged,
applying for individual review of a project, to meet
planning staff to discuss designing a project that promotes
goals of this chapter and the individual review guidelines,
to discuss the proposed plans with their neighbors.
and
18.14.050 Application for individual review.
Applications for individual review shall be made to the
Director in the form prescribed by the Director, including an
individual review checklist, and shall be accompanied by project
plans.
18.14.060 Notice.
(a) Notice of the proposed project shall be mailed to
the owners and occupants of all adjacent properties by the city
within three business days of the date the application is deemed
complete. Notice shall also be posted, in the form and manner
prescribed by the director, at the site of the proposed project
within the same period and for the duration of the comment
period.
3
011001 syn 0090862
(b) Notice shall include but is not limited to the
following: the name of the applicanti the address of the
proposed projecti and a description of the projecti and
information on when and how comments will be accepted by the
city.
18.14.070 Comment period.
The comment period shall be ten calendar days beginning
on the third business day after an application is deemed
complete. If notice is mailed or posted on a later date, the
comment period shall begin on the later date. Written comments
received by the city during this period shall be considered as
part of the staff review.
18.14.080 Staff review.
Upon receipt of a complete application,
(a) The planning division shall review submitted plans
for compliance with R-1 zone district regulations.
(b) The planning division and a consulting architect (sL
shall review the application and comments received during the
comment period and evaluate the project under the individual
review guidelines and R-1 single family residential district
regulations. A written proposed director's decision to approve
the application, approve it with conditions, or deny it shall be
prepared.
(c) The proposed director's decision shall be mailed to
the project applicant, the owners and occupants of all adjacent
properties, and any person who has made a written request for
notice of the decision. The decision shall be accompanied by
notice of the time period within which any appeal must be filed
and the procedure for filing an appeal.
(d) The proposed decision shall become final ten
calendar days after it is mailed unless a written request for
hearing is filed with the Director by the applicant or by the
owner or occupier of an adjacent property within that time.
(e) The time limits set forth in section 18.14.080 may
be extended upon the written request of the applicant.
4
011001 syn 0090862
18.14.090 Optional hearing with Director.
(a) If a timely request for a hearing on a project is
received by the city, it shall be scheduled for the first
available director's hearing.
(b) Notice of the hearing shall be mailed to the
project applicant, the owners and occupants of all adjacent
properties, and any person who has made a written request for
such notice. Notice of the hearing shall also be posted at the
site in the form required by the director and shall remain
posted up to and including the hearing date.
(c) At the time and place set for hearing the director
shall hear evidence for and against the application or its
modification. The hearing shall be open to the public.
(d) The director shall issue a written decision
approving, approving with conditions, or denying the project
application within ten days of the hearing. The Director's
decision shall be based upon the R-1 district regulations and
the individual review guidelines, taking into consideration the
application, the comments received during the public comment
period and the director's hearing, and such other evidence as
the director determines to be relevant. If the project conforms
to the R-1 district regulations and meets the standards set
forth in the individual review guidelines, it shall be approved.
(e) Notice of the Director's decision shall be mailed to
the project applicant, the owners and occupants of all adjacent
properties, and any person requesting notice of the decision.
(f) The Director's decision shall be final ten calendar
days after it is mailed unless, prior to the expiration of said
ten-day period, the project applicant or an owner or occupant of
any of the adjacent properties requests review by the City
Council as provided in section 18.14.100.
18.14.100 Appeal to council.
(a) The project applicant or an owner or occupant of any
of the adjacent properties may request that the City Council
review the director's decision. The request shall be made in
writing in the form prescribed by the director and filed with
the city clerk within ten calendar days from the date the
director's decision is mailed.
5
011001 syn 0090862
(b) The City Council shall determine whether to hear an
appeal of the director's decision within thirty calendar days or
following the filing of the request, or at the first regular
council meeting following the filing of the request, provided,
however, the City Council shall hear the requested appeal only
if four or more of its members vote in favor of conducting a
hearing.
(c) If the City Council declines· the request to review
the decision, the Director's decision shall be final. If the
City Council consents to hear an appeal, a hearing shall be
scheduled as soon as practicable.
(d) Notice of time, place and subject of the City
Council hearing shall be mailed to the project applicant, the
owners and occupants of all adj acent properties and any person
who has previously requested notice in writing at least twelve
days prior to the hearing.
(e) The City Council review shall be based on the
evidentiary record before the director.
(f) The City Council shall affirm or reverse the
Director's decision by a majority vote of those participating.
(g) Notice of the City Council's decision shall be
mailed to the project applicant, the owners and occupants of all
adj acent properties, and any person requesting notice of the
decision.
(h) The City Council's decision shall be final.
18.14.110 Guidelines.
The Director of Planning and Community Environment shall
issue guidelines to direct staff and project applicants in
implementing the goals and purposes and other provisions of this
chapter. Guidelines establishing substantive review standards
for second story development shall be presented to the Planning
and Transportation Commission for their comment prior to
adoption by the Director.
SECTION 3. Environmental Impact. The City Council finds
that· the enactment and adoption of this ordinance is exempt from
the Califo+nia Environmental Quality Act pursuant to Section
15305 of the Guidelines.
6
011001 syn 0090862
SECTION 4. Effective Date and Sunset Clause. This
ordinance shall be effective on November 19, 2001 and continue
in full force and effect through November 18, 2006. Thereafter,
it shall be of no further force and effect unless on or before
November 18 1 2006 1 a City Council ordinance extending its term
or making the ordinance permanent takes effect. No further
hearing before the planning and transportation commission is
required for such action. Nothing in this section shall limit
the power of the City Council I after further hearings by the
Planning and Transportation Commission if required by law , from
adopting any other zoning regulation, including one concerning
the subject matter of this ordinance.
INTRODUCED: August 6, 2001
PASSED: September 19, 2001
AYES: BEECHAM I EAKINS, KLEINBERG, LYTLE, MOSSAR , OJAKIAN
NOES:
ABSTENTIONS:
ABSENT: BURCH, FAZZINO , WHEELER
AL~~
City Clerk
APPROVED AS TO FORM:
Asst. City Attorney
(HiS DOCUMENT IS CERTifiED TO BE AN .....
()Rr,;",\':CE DULY PASSED BVTHE COUN"" ..
'" 'TV or: PALO ALTO AND
'"ell POST~dt£!bTuNC!:tWlTHIfU' "', ON _d' ..... ~_,...~~a.do_-
")!' Irs PASSAGE ~
\ cart::} (or declare) und~r~anallY
01 perjury that too foregomg 18 true
;:mC1 correct."
011001 syn 0090862
7
APPROVED:
Planning and
Community Environment