HomeMy WebLinkAbout1997-01-21 City Council (13)TO:
City of Palo Alto
City Manager’s Report
9HONORABLE CITY COUNCIL
FROM:
DATE:
CITY MANAGER
January 21, 1997
DEPARTMENT: Planning and
Community Environment
CMR:120:97
SUBJECT:460-476 University Avenue
REQUEST
This is an application to reclassify the property located at 460-476 University Avenue to a
Category 2 building on the City’s Historic Resources Inventory. The property is currently
listed as a Category 3 historic building.
RECOMMENDATIONS
The Historic Resources Board (HRB) and staff recommend that the City Council reclassify
the property located at 460-476 University Avenue to a Category 2 historic structure, in
compliance with the definitions of historic categories (Section 16.49.020(b)) and the criteria
for designation of historic structures (Section 16.49.040(b)).
BAC~
Project History
On October 7, 1996, Mr. Charles Holman, the applicant acting on behalf of Mr. Rick Barry,
the property owner, submitted an application for a reclassification of the property located at
460-476 University Avenue to a Category 2 building on the City’s Historic Resources
Inventory. The property is currently listed as a Category 3 historic building on the City’s
inventory. In support of the reclassification, the applicant has supplied an analysis of the
property’s current condition and historic merit (see Attachment I: Application Materials).
On December 4, 1996, the HRB reviewed the application and unanimously voted to
recommend approval of the reclassification. Approval of any modifications to the existing
building is not a part of the reclassification review process.
CMR: 120:97 Page 1 of 7
The applicant’s information also identifies proposed exterior and interior modifications to
the existing commercial building. The exterior modifications are subject to review and
recommendation by the HRB according to National Standards for Rehabilitation of Historic
Structures and approval by the Architectural Review Board (ARB).
When the applicant submits an application for ARB review of the exterior modifications, the
HRB will review the changes and forward their recommendation to the ARB for
consideration. The proposed interior alterations include additional square footage beyond
the CD-C zone district floor area limitation and could be constructed only if the Council
reclassifies the property to a Category 2. Reclassification would make the property eligible
for 2,500 square feet allowed by a floor area exception for Category 1 or 2 historic buildings
in the CD-C zone district (Section 18.49.060(b)(3)(A) PAMC). This bonus could be used
on-site or transferred off-site through the Transfer of Development Rights Ordinance. The
site is not listed as a seismic category I, II or III building and, therefore, is not eligible for
a double floor area bonus.
Site Information
The historic building was designed by Birge Clark and constructed in 1927. The City’s
inventory sheet states that the two-story Spanish Colonial Revival was designed with
irregular outlines and setbacks to appear as several buildings.. The building is located
between the historic Varsity Theater (Category 1) to the south and the President Hotel
(Category 2) to the north. The building is an important part of the University Avenue
streetscape and was originally designed as the northern half of ten individual storefronts
which flank the Varsity Theater entry.
Although .the building has been occupied by numerous commercial tenants since its
construction, the exterior of the building has not been significantly altered. Elements such
as the second-story wrought-iron balconies and window details remain. The portions of the
building that have sustained the most alterations are the five individual storefronts. The
building was originally designed with five identical alcoves, which were the storefront
entries to five ground-floor tenant spaces. These alcoves were designed with wood trimmed
windows and doors and tile bases.
Through previous alterations, three of the original alcoves have been eliminated and one has
been significantly altered. In addition, inappropriate materials such as aluminum and steel
have replaced the original materials. The applicant proposes to fully restore two storefront
alcoves, modify an existing alcove and add a new alcove in the center tenant space to
accommodate an exterior entry to an expanded second-story tenant space. All five
storefronts would be restored to match the original materials.
CMR:120:97 Page 2 of 7
Applicable Regulations
Process
The procedure set forth in Section 16.49.040 of the Palo Alto Municipal Code (PAMC) is
being followed for requests to change the historic category of an existing historic structure
or site (see Attachment 2 - Chapter 16.49 PAMC). Section 16.49.040 requires the HRB to
consider an application at a public hearing held within sixty days of receipt of the
application. This hearing was held on December 4, 1996. Notice of time, date and place of
the hearing was given at least twelve days in advance of the hearing to the applicant, property
owner, and owners of property within 300 hundred feet of the subject property. At the public
hearing the HRB had the option of recommending that the City Council.approve, disapprove
or modify the reclassification application. Their recommendation is forwarded by this report
to the Council for Final determination.
Criteria for Reclassification
Subsection 16.49.040(b) sets forth the criteria for designation or, in this case, reclassification
of an existing historic structure or site. The code requires the Council to evaluate the
application in light of these criteria, as well as the definitions of the four historic categories,
found in Section 16.49.020(b). A recommendation to reclassify the category of a historic
structure should be based on evidence in the public record which supports the criteria.
Meeting any one of the criteria can lead to recommended reclassification. The criteria are
as follows:
The structure or site is identified with the lives of historic people or with important
events in the city, state or nation;
The structure or site is particularly representative of an architectural style or way of
life important to the city, state or nation;
The structure or site is an example of a type of building which was once common but
is now rare;
The stmc~e or site is connected with a business or use which was once common but
is now rare;
5.The architect or building was important;
The structure or site contains elements demonstrating
architectural design, detail, materials or craftsmanship.
outstanding attention to
CMR:120:97 Page 3 of 7
Historic Categories
The Historic Preservation Ordinance contains four historic categories, which have been
created to define and categorize historic structures/sites on the historic inventory. Each
category has a specific definition related to the importance, appearance and condition of the
structure. In order to change the category of an existing historic structure, the Council must
make a determination .that the structure conforms to the definition of the recommended
category.
The Historic Preservation Ordinance defmes the historic categories as follows:
Category 1: "Exceptional Building" means any building or group of buildings of
preeminent national or state importance, meritorious work of the best architects, or
an outstanding example of the stylistic development of architecture in the United
States. An exceptional building has had either no exterior modifications or such
minor ones that the overall appearance of the building is in its original character.
Category 2: "Major Building" means any building or group of buildings of major
regional importance, meritorious works of the best architects, or an outstanding
example of an architectural style of the stylistic development of architecture in the
state or region. A major building may have some exterior modifications, but the
original character is retained.
Category 3 or 4: "Contributing building" means any building or group of buildings
which are good local examples of architectural styles and which relate to the character
of a neighborhood grouping in scale, materials, proportion or other factors. A
contributing building may have had extensive or permanent changes made to the
original design, such as inappropriate additions, extensive removal of architectural
details, or wooden facades resurfaced in asbestos or stucco.
The Historic Preservation Ordinance defines a Category 1 or 2 structure as a "significant
building." Any exterior alteration to a significant building is subject to Historic Resources
Board review and recommendation. Demolition of a significant building in the downtown
area is prohibited unless approved by the City Council based on specific findings, or
required to secure the public safety (Section 16.49.060(a)). A demolition application for a
contributing building (category 3 or 4) in the downtown is subject to a mandatory 60-day
moratorium. The City Council may extend the moratorium for a periodofup to one year
fromthe original date of application for a demolition permit (Section 16.49.070).
POLICY IMPLICA~
The following Comprehensive Plan policies and programs apply to this application:
CMR:120:97 Page 4 of 7
Urban Design, Policy 2: "Encourage private preservation of buildings which have
historic or architectural merit or both." In addition to the incentive of allowing 2,500
square feet of additional floor area, reclassifying the structure to a Category 2 would
subject the property to the provisions of Section 16.49.060(a), which prohibits
demolition, unless approved by the City Council or otherwise required to secure the
public safety.
Urban Design, Program 6a: "Allow the transfer of development fights for designated
buildings of historic or architectural significance (Historic Categories 1 and 2) within
the Commercial Downtown (CD) zone through the Planned Community (PC) zone
process." As described above, the reclassification of the structure to a Category 2
would allow the applicant to add 2,500 square feet to the existing building. However,
upon adoption of the Transfer of Development Rights Ordinance, the applicant could
sell the fights to construct the additional 2,500 square feet to be used on a qualified
receiver site in the downtown.
Urban Design, Program 11: "Maintain and strengthen the City’s design review
procedure for historic buildings proposed for exterior remodeling or threatened by
demolition." Although the building is not currently threatened by demolition,
reclassification to a Category 2 would strengthen the City’s ability to require future
owners to maintain the building.
The City Council has recently adopted a Transfer of Development Rights (TDR) Ordinance
that, among other things, would allow historic property owners to sell unused and bonus floor
area for use on qualified receiver sites in the downtown. The TDR staff report identifies 14
existing historic sender sites (Category 1 or 2), which would have the potential to transfer a
total of 41,440 square feet. Reclassifying the subject site to a Category 2 would not
significantly increase the potential amount of square footage available for transfer. There are
36 additional properties in the downtown that are listed as either Category 3 or 4, which
represent approximately 90,000 square feet of transferable bonus floor area, or a 215 percent
increase in the total.amount of transferable floor area l~om historic sender sites. Any future
requests for reclassification of existing Category 3 and 4 buildings will be monitored to
assess the impact of the new TDR program.
ISSUES AND ANALYSI~
Based on an analysis of the criteria for designation and definitions of the historic categories,
the FIR and staff recommend that the City Council reclassify the property at 460-476
University Avenue as a Category 2 historic structure. The structure is representative of the
Spanish Colonial Revival and is an integral part of the University Avenue streetseape
(Criterion 2). It is located between the Varsity Theater and President Hotel and is the
northern half of 10 storefronts which flank the Varsity Theater entry. The designer, Birge
CMP.: 120:97 Page 5 of 7
Clark, is one ofPalo Alto,s preeminent architects; and the structure is a major contributor
to the character of Palo Alto’s downtown (Criterion 5). With the exception of the five
storefronts, the original design of the structure remains. The structure demonstrates
outstanding attention to architectural design and detail which are evident in the wrought-iron
balconies and second-story window details (Criterion 6).
For the reasons discussed above, the structure is deserving of an upgrade to a "Major
Building" (Category 2) designation in the downtown. The structure is an outstanding
example of the Spanish Colonial Revival architectural style, which is important to the
character of the downtown. The building .has had few exterior modifications, and the
character remains basically or essentially the same since its construction.
ALTERNATIVES
The City Council may approve, disapprove or modify the application for reclassification.
If the Council intends to reclassify the building, the HRB and staff recommend that the
definition of Category 2 best describes the subject structure, which is an outstanding example
of the Spanish Colonial Revival architectural style.
FISCAL IMPACT
No fiscal impact to the City will result from action on this application.
ENVIRONMENTAL ASSESSMENT
This action is exempt from the provisions of the California Environmental Quality Act
pursuant to Article 19, Section 15308, actions by regulatory agencies for protection of the
environment.
STEPS FOLLO%VING APPROVAL.
If the Council approves the proposed reclassification, the City Clerk would send to the owner
of the property a letter outlining the basis for such designation and the regulations which
result from the reclassification. Notice of the reclassification would also be filed in the
Building and Planning Division files.
ATTACHMENTS
Attachment 1 - PAMC Chapter 16.49, Historic Preservation
Attachment 2 - Location Map
Attachment 3 - Application Materials (Council Members only)
CC:Mildred Mado, 900 University Avenue, Palo Alto, CA 94301
Charles Holman, 366 Lytton Avenue, Palo Alto, CA 94301
Rick Barry, 431 Florence Street, Palo Alto, CA 94301
CMR: 120:97 Page 6 of 7
PREPARED BY: Joseph M. Colonna, Senior Planner
DEPARTMENT HEAD REVIEW:
KENNETH R. SCHREIBER
CITY MANAGER APPROVAL:
Director of Planning and
Community Environment
~i~~Manager-
ClVlR: 120:97 Page 7 of 7
BUILDING REGULATIONS 16.49.020
CHAPTER 16.49
HISTORIC PRESERVATION1
16.49.010 Purpose,
It is found that the protection, enhancement,
perpetuation and use of structures, districts and
neighborhoods of historical and architectural sig-
nificance located within the city a~ of cultural ’and
aesthetic benefit to the community. It is further
found that the economic, cultural and aesthetic
standing of this city will be enhanced by respect-
ing the heritage of the city. The purposes of this
chapter are to:
(a) Designate, preserve, protect, enhance and
perpetuate those historic structures, districts and
neighborhoods which contribute to the cultural
and aesthetic heritage of Palo Alto;
03) Foster civic pride in the beauty and
complishments of the past;
(c) Stabilize and improve the economic value
of certain historic structures, districts and neigh-
borhoods;
(d) Develop and maintain appropriate settings.
for such structure;
(e) Enrich the educational and cultural di-
mensions of human life by serving aesthetic as
well as material needs and fostering knowledge of
the living heritage of the past;
(f) Enhance the visual and aesthetic char-
acter, diversity and interest of the city;
(g) Establish special requirement~ so as to
assure the preservation and the satisfactory main-
tenance of significant historic structures within the
downtown area.
(Oral. 3721 §1 (part), 1986)
16.49.020 Definitions.
Throughout this chaffer, the following defini-
tions shaft apply:
(a) "Downtown area" means that area of the
University Avenue business district subject to
Chapter 18.48 of Title 18 of the Palo Alto Munic-
1prior ordinance history: Orals. 3197, 3243, 3333 and
3523.
ipal Code (the zoning code) and all zones within
the geographical boundaries shown on the maps
incorporated into Chapter 18.48, including
planned community and public facility districts.
(b) "Historic categories" means those cate-
gories established to define and categorize the his-
toric structures/sites on the historic inventory.
Those categories are as follows:
Category I: "Exceptional building,’ means any
building or group of buildings of preeminent na-
tional or state importance, meritorious work of the
best architects or an outstanding example of the
stylistic development of archi~ in the United
States. An exceptional building has had either no
exterior modifications or such minor ones that the
overall appearance of the building is in its original
character.
Category 2: "Major building" means any build-
ing or group of buildings of major regional im-
portance, meritorious works of the best architects
or an outstanding example of an architectural style
or the stylistic development of architeclm’e in.the
state or region. A major building may have some
ex~rior modifications, but the original character is
Category 3 or 4: "Contributing building"
means any building or group of buildings which
are good local examples of architectural styles and
which relate to the character of a neighborhood
groupingin scale; materials, proportion or other
factors. A contributing building may have had ex-
tensive or permanent changes made to the ori~
design, such as inappropriate additions, extensive
removal of arehitectm’al details, or wooden fa-
cades w.surfaced in asbestos or ~co.(c) "m ric di =" a coUectio of
buildings in a geographically definable area pos-
sessing a significant concer~zfion or continuity of
buildings unified by past events, or aesthetically
by plan or physical development. A district
should have integrity of design, setting, materials,
workman_ship and association. The collective
value of a historic district taken together may be
greater than the value of each individ~ building.
All structures/sites within a historic district are
16101
. PALO ALTO IVIU~CIPAL CODE16.49.030
categorized as significant on the historic inven-
tory.
(d) "Historic inventory" means the current
edition of the Palo Alto Historical and Architec-
tural Resources Report and Inventory, and the
master list of categories for those structures or
sites.
(e) "Historic structurc/site" means any struco
turc or sit~ within the city which has been identi°
fled as having historic or architectural significance
and has been placed on the historic inventory of
the city of Palo Alto, including structures and
sites within categories 1, 2, 3 or 4, and all struc-
tures within historic districts.
(f) "Significant building" means any build-
ing, group of buildings or site categorized on the
historic inventory as number one or number two
and all structures within historic districts.
(Ord. 3721 §1 (part), 1986)
16.49.030 Historic resources board.
(a) Composition. The historic resources
board shall be composed of seven members al~
pointed by the city council and serving without
pay. Members .shall have demonstrated interest in
and knowledge of history, archit~cturc or historic
preservation. One member shall be an owner/oc-
cupant of a category 1 or 2 historic structurc, or
of a structure in a historic district; ~ members
shall I~. architects, landscape architects, building
designers or other design professionals and at
least one member shall possess academic ezluca-
tion or practical experience in history or a r~lated
field.
(b) Terms of office. Members .shall serve for
terms of three years ~ until their z~’tivc suc-
cessors arc appointed. Terms shall be staggered
so that thr~ ~sitions arc rcrdled one year, and
four positions arc refilled two years later.
Commencing on October 21, 1~91, there shah be
one member whose term cxpircs May 31, 1992,
and one member whose term expires May 31,
1994. Subsequent appointments shall be made
for terms of th~ years, or until their successors
~ appointed. Terms of office commence June 1.
(c) Appointment. In filling vacancies on the
historic resources board, the following proce-
dures shali be foliowed by the city council:
(1) Following notification of vacancy or
pending vacancy on the historic rcsources board,
the city clerk shall advertise the same in a news-
paper of general circulation in the city, including
the council agenda digest, four times within two
weeks.
(2) Written nominations and applications
shall be submitted to the city cierk within one
week of the date of ~ last notice to be forwarded
to the city council for its consideration. Notwith-
standing the foregoing, if ti~ nomination or appli-
cation of an incumbent board member is not sub-
mitred to the city clerk within ~he period specified
above, said period shall b~ extended for an addi-
tional five days during which the city cierk ~.all
accept written nominations and applications of
nonincumbents.
(3) The Palo Alto Historic Association
shall be given notic~ of vacancies on the board
and shall be encouraged to have its members sub-
mit applications.
(4) Th~ city council shall review all nomi-
nations and applications, and conduct such int~ro
views as it deems necessary prior to selections.
(5) F’mal selection and appointment shall be
made by.the city council at a regular city council
meeting after the period for submittal of nomina-
tions and applications has expired.
(d) Organization. Th~ board shall hold meet-
ings twice monthly or at the plea.~r~ of ti~ c.hah’-
person, and shall establish such roles as may be
appropriate and nece~ary for tbe orderly conduct
of its business. The board shall elect a chairper-
son and a vice chairperson from its membership
who shall serve in such capacity for terms of one
year each. The chairperson shail preside over
meetings of the board, and in the absence or dis-
ability of the chairperson, the vice chairperson
shall perform ~ duties of~ chairperson..
Four members shall constitute a quorum and
decisions of ti~ board shall be determined by
jority vot~ of those members present at tl~ meet-
ing. A~on minutes shall be kept by the board.
16102
BUILDING REGULATIONS 16.49.030
(e) Duties. It is the duty of the historic re-
sources board to:
(I) Render advice and guidance to a prop-
er~y owner upon the owner’s application for alt~r-
at.ion of any historic single-family or duplex
building in the downtown ar~a and any such
16102.1
BUILDING KEGULATIONJ~:16.49.040
building designated as significant elsewhere in-the
city.
(2) Inform the architectural review board of
the historical and/or architectural significance of
historic commercial and multiple-family structures
in the downtown area and any suchbuildings des-
ignated as significant elsewhere in the city that are
under review by the architectural review board.
Submit recommendations to the architectural re-
view board regarding proposed exterior altera-
tions of such historic structures.
(3) Recommend to the council the designa-
tion of additional buildings and districts as his-
toric.
(4) Research available information and add
historical information to the inventory sheets of
historic struetureslsites. Tl~s inventory is main-
. mined in the deparm~ent of planning and commu-
nity environment.
(5) Perform such other functions as may be
delegated from time to time to the historic
sources board by the city cotmdl.
(Ord. 4047 §§1-3, 1991: Ord. 3876 §1, 1989:
Ord. 3721 §1 (part), 1986)
16.49.040 Designation of.historic struc-
tures/sites.
(a) Procedure for designation of historic
structures/sites or districts. Any individual or
group may propose designation .as a historic
structure/site or district. Such proposals shall be
reviewed by the historic resources board, which
will make its recommendation to the council. Des-
ignation of a historic structure/site or district must
be approved by the city council. The procedure
for such designation is as follows:
¯ (1) Any proposal for designation shall be
fried with the department of planning and commu-
nity environment and shall include the following
(A) The address and assessor’s parcel
number of the site or boundaries of the proposed
district;
(B) A description detailing the struc-
ture/site or district’s special aesthetic, cultural,
architectural, or engineering interest or value of a
historic nature;
(C) A description of the historical value
of the Structure/site or district:
(D) A description of the current condition
of and any known threats to the structure/site or
district;
(E) What restoration, if any, would be
necessary to return the structure/site or district to
its original appearance;
(F) Sketches, drawings, photographs or
other descriptive material;
(G) Other supporting information.
(’2) Each proposal shall be considered by
the historic resources board at a public hearing
within sixty days of the ~ceipt of the prolX?.sal. In
any case where an application for a planning or
building permit affecting the exterior of a building
is pending concurrently with a proposal for des-
ignation, the recommendation of the historic
resources board shall be made within twenty days
of receipt of the proposal.
(3) Notice of the time, place and PUrpose
of the hearing shall be given at least twelve days
prior to the date of the hearing by publication at
least once in a newspaper of g~neral circulation,
or by mail to the applicant, to the owner or own-
ers of th~ property, and to the owners of property
. w~.’~ ..thin.three hundred feet of the site.
(4) The historic’resources board shall rec-
ommend to the city council approval, disapproval
or modification of an application for designation.
(5) The city council may approve, disap-
prove or modify a recommendation for desig-
nation and, in any case where an application for a
planning or building permit is pending concur-
rently with the proposal for designation, such de-
cision shall be made within thirty days of the re-
commendation, if any, of the historic resources
board.
(6) After approval of the designation of a
strueture/site or district, the city clerk shall send to
the owners of the property so designated, by
mail, a letter outlining the basis for ~eh designa-
tion and the regulations which result from such
designation. Notice of this designation shall also
16103
16.49.050 PALO ALTO ~CIPAL CODE
be filed in the building department and the depart-
ment of planning and community environment
files.
(b) Criteria for designation. The following
criteria, along with the definitions of historic cate-
gories and districts in Section 16A9.020, shall be
used as criteria for designating additional historic
structures/sites or districts to the historic invert-
(I) The structure or site is identified with
the lives of historic people or with important
events in the city, s’tam or nation;
(2) The structure or site is particularly
resentativ¢ of an architectural style or way of life
important to the city, state or ration;
(3) The structure or site is an example of a
type of building which was once common, but is
now rare;
(4) The structure or site is connected with a
business or use which was once common, but is
now rare;
(5) The architect or building was impoi’,ant;
(6) The strucmr~ or site contains elements
demonstrating" outs~.nding attention to architec-
tural design, detail, materials or craftsmanship.(Ord. 3721 §1 (par0, 1986)
16~,49.050 Exterior alteration of historic
structures.
(a) Review process. All applications for a
building permit for exterior alteration to any his-
toric structure/site in the downtown area or a
significant building elsewhere,in the city, new
construction on a parcel when there is cu .nently a
historic structure in the downtown area .o~a sig-
nificant building elsewher~ in the city, or such
application for cons~ction wi~n a historic
district sh~ reviewed ~ follows:
(1) Review bodies.
(A) Pursuant to Chapter 16.48, the archi-
tectural review boa~l shall~view applications in-
relying any historic structure/site in the down-
to,~ area and any significant structure/site else-
where in the city, other than single-family and
duplex residences. The architectural review board
shah refer applications to the historic resources
board for a recommendation on the proposed
alteration of the structure.
(13) The historic resources board shall
review applications involving single-family and
duplex residences which ar~ historic structures/
sites in the downtown ar~a or which are signifi-
cant buildings elsewhere in the city. Compliance
ofthe property owner with the recommendations
Shall b¢ voluntary, not mandatory.
(C) The planning staff may r~view and
app ,rpve minor exterior alterations.pursuant to
guidelines which the historic re, sources board may
adopt. Minor exterior alterations ar~ those altera-
tions which the director of planning and commu-
nity environment or his/her designee determines
will not advetscly affect the exterior a~,hitecawal
characteristics nor th~ historical or aesthetic value
of the historic structure, its site or surroundings.
(2) Time limit. Recommendations of
historic resources board on alterations to a historic
single-family or duplex re, siderite shall b¢
der~d within thirty days of the date of rderral by
the architectural review board or th~ chief building
official. Failure to provide a r~commendation
within the time limit shall cause an application for
a ¢omme~al or multiple-family use to b¢ returned
to the architectural r~vi¢w board, and a single-.
family or duplex application to b¢ forwarded to
the chief building official for consideration of
issuance of a building l~rmit,
(b) Standards of r~view. In evaluating appli-
cations, the review bodies shall consider the ar-
chitectural style, design, arrangement, texture,
raateriais and color, and any other pertinent fac-
tots. The prime concern should b¢ tl~ exterior
appcaranc~ of th~ building site.
(I) On buildings not in a historical district,
the proposed alterations should not adwrseiy
affect the exterior architectural characteristics nor
the historical or.aesti~tic value of the building and
its site.
(2) In historic districLs,’ the proposed
alterations should not adversely affect:
(A) The exterior archite, ctu~ character-
istics nor the historical, architectural or aesthetic
value of tbe building and its site; or
16104
BUILDI2~G REGULATION,‘16.49.’060
(B) The relationship of the building, in
terms of harmony and appropriateness, with its
surroundings, including neighborhood structures.
(C) Appeals. Any interested party may
appeal ~ the city council the decision of the archi-
tectural review board not to recommend approval
of an application for a building permit to alter the
exterior of any historic structure in the downtown
area, ora significant structure elsewhere in the
city or in a historic district. Such appeal shall be
processed in accordance with Section 16.48.090.
(Ord. 3721 §1 (part), 1986)
16.49.060 Demolition of significant
buildings In the downtown area.
(a) Permit and findings. No permit shall be
issued to demolish or ~use to be demolished all
or any part of a significant building in the down-
(I) The city council determines that under
the historic designation, taking into account the
current market value, the value of transferable de-
ve!opment fights, and the costs of rehabilitation to
meet the requirements of the building code or
other, city, state or federal laws, the property
rains no reasonable economic use; or
(2) The chief building official or the fire
chief, after consultation, to the extent feasible,
with the department of planning and community
environment, determines that an imminent safety.
hazard exists and that demolition of the building is
the only feasible .means to secure the public
safety; or
(3) The city council determines that demoli-
tion of the building will not have a significant
effect on the achievement of the purposes of this
chapter.. ¯
(b) Application for a permit to demolish. An
application for a permit to demolish any signifi-
cant building in the downtown area shall comply
with Chapter 16.04 of the Palo Alto Municipal
Code. In addition to the contents specified under
Chapter 16.04, any application for a permit to
demolish a significant building in the downtown
area, on the grounds specified in Section
16Ag.060(a)(1), shall contain any appropriate
and relevant economic information which will
enable the council to make the necessary determi-
nation.
(c) Review of application.
(1) Historic resources board. Applications
which are accepted as complete for a permit to
demolish a significant building in the downtown
area on the grounds specified in Section
16.49.060(a)(1) or (3) shall be placed on the
agenda of the historic ,resources board for hearing
and recommendation. If the historic resources
board does not act on the application .within thirty
days of refewal to it, the city council may proceed
without a recommendation from the historic re-
sources board.
(2) .City council hearing and decision. Any
application for permit to demolish a significant
building in the downtown area on the grounds
specified in Section 16.49.060(a)(1) or (3) shall
be heard by the city council. Notice shah be given
by mailed notice to all owners of property imme-
diately adjacent to the property that is the subject
of the application, and by publication at l.east once
in a local newspaper of general circulation. The
applicant sha]l have the burden of establishing that
the criteria set forth in Section 16.49.060(a)(1) or
(3) has been met. The council may approve, dis-
approve or approve the application with condi-
tions, and shall make findings relating its decision
to the standards set forth in Section 16A9.060(a).
The decision of the council shall be°rendered
within thirty days from the date of the conclusion
of the hearing.
(d) Permit to move a significant building in
the downtown area or in a historic district. In re-
viewing an application for a permit to demolish a
significant building in the downtown area or in a
historic district on the grounds specified in Sec-
tion 16A9.060(a)(1) or (3), the historic resources
board may decide that the building may be moved
without destroying its historic or architectural in-
tegrity and importance, and may recommend to
the city council that the demolition permit be
denied, but that a permit to relocate be processed,
pursuant to Chapter 16.32 of this code. In that
16105
16.49.070 PALO ALTO MUNICIPAL CODE
case, the time limits and notice requirements of
Section 16.49.070(c) shall also be applicable.
(Ord. 3721 §I (part), 1986)
16.49.070 Demolition of contributing
buildings in the downtown area and sig-
nificant buildings other than in the down-
town area.
(a) Application and moratorium. Any person
wishing to demolish a contributing building in the
downtown area or a significant building other
than downtown ~ file an application for a dem-
olition permit in accordance with the procedures
established by Chapter 16.04 of this code. With
the application, the applicant shall submit one
clear photograph of the front of the building and
such other information as may be ~ired by the
chief building official in ac~:ordance with the re-
quirements for the demolition permit. A copy of
the application and photograph shall be forwarded
to the city council as an information item in the
next coun~ packet. The chief building official
may not take action on the application for sixty
days foliowin~ receipt of a completed application.
(b) Referral to architectural review board or
historical resources board. During the sixty-day
moratorium, the chief building official shall refer
the application for a permit to demolish to the ar-
chitectural review board, in the case of all build-
ings other than single-family and duplex resi-
dences, for review and recommendation. The ar-
chitectm’al review hoard shall refer the application
to the historic resources board for recommenda-
tions on the historical and/or architectunl signifi-
cance of the building and the appropriate time for
the moratorium. A’demolition permit application
for a single-family or duplex residence shall be
referred to the historic resources board for recom-
mendation.
(c) Council action. The architectural review
board, the.historic re.sources board, or any inter-
ested person may recommend that the council ex-
tend the moratorium. The council shall agendize
such a request and may extend the sixty-day peri-
od for a period up to one year. In the case of an
extended moratorium, the council, upon the rec-
ommendation of the historic resources beard, may
require that appropriate and reasonable public
notice of the availability of the structure be pro-
vided by the applicant.
(Ord. 3721 §I (part), 1986)
16.49.080 Maintenance of historic
structures in the downtown area.
The owner, lessee or other person legally in
possess!on of a historic structure in the down-
town area shall comply with ali applicable codes,
laws and regulations governing the maintenance
of property. Addifionaliy, it is the intent of this
section to preserve from deliberate or inadvertent
neglect the exterior features of buildings desig-
nated as significant or contributory in the down-
town area, and the interior portions thereof when
such maintenance is necessary to prevent deteri-
oration and decay of the exterior. All such build-
ings sha~ be preserved against such decay and
det~rioratiort, and shall remain free f~m slxuctural
defects through prompt corrections of any of the
following defer:
(a) Facades which may fall and injure mem-
bers of the public orpmperty;
(b) Deteriorated or inadequate foundation,
defective or deteriorated flooring or floor sup-
ports,, deteriorated walls or other vertical struc-
tural supports;
(c) Members of ceilings, roofs, ceiling and
roof supports or other borizon~ members which
sag, split or buckle due to defective material or
deterioration;
(d) Deteriorated or ineffective waterproofing
of exterior waist.roofs, foundations or floors~ in-
cluding broken windows or doors;
(e) Defective or insufficient weather protec-
tion for exterior wall covering, including lack of
paint or other protective covering; -
(f) Any fault or defect in the building which
renders it not properly watertight or structurally
unsafe.
(Ord. 3721 §1 (part), 1986)
16106
BUILDING REGULATIONS i ,16.49.100
16.49.090 Enforcement.
(a) Unlawful almration or demolition.
(1) Violation m Penalties. It is uniawful
for a person or entity to demolish or cause to be
demolished any significant building or portion
thereof in the downtown area in violation of any
of the provisions of rids chapter. Any person or
entity violating these provisions is guilty Of a mis-
demeanor and, upon conviction of any such vio-
lation, such person shall be punishable by a fine
of not more than one thousand dollars or by im-
prisonment for not more than six months, or by
both inch fine and imprisonmenL ’
(2) Civil penalty. Any person or entity who
demolishes a building or causes a demolition in
violation of the provisions of this chapter may be
liable civilly in a sum equal to the replacement
value of the building or an amount in the court~ °s
discretion, not to exceed ten thousand dollars.
(3) Injunctive relief. The city auomey may
maintain an action for injun~ve relief to resU’ain a
violation or cause, where possible, the complete
or partial restoration, reconstruction, or replace-
merit in kind of any building or site demolished,
altered or partially demolished in violation of this
chapter.
(4) Resuiction on devciopment. AReration
or demolition of a historic su’ucture in violation of
this chapter shall eliminate the eligibility of the
structure’s lot for any transfer of development
fights, pursuant to the Palo Alto comprehensive
plan, and such lot, if it is the site of an unlawfully
demolished historic structure from which devel-
opment rights have been wansfermd, shall not be
developed in excess of the floor area ratio of the
demolished sn’ucrure for a period of twenty years
from the unlawful demolition. A person or entity
may be relieved of the penalties provided in this
section if: (i)the unlawful alteration or demolitiondid not constitute a major alteration, as determined
by the chief building official, or (ii) as to an un-
lawful alteration, the person or entity restores the
original distinguishing qualities and character of
the building destroyed or altered. Such restoration
must be undertaken pursuant to a valid building
permit issued aRer a recommendation by the his-
toric resources board and a finding by the city
council that the proposed work will effect ade-
quate restoration and can be done with a substan-
tial degree of success.
(b) Failure to abide by maintenance regala-
tions.
(1) Abatement. The procedures set forth in
Chapter 16.40 of the Palo Alto Municipal Code
governing unsafe, dangerous or substandard
buildings, whether in commercial or residential
use, shall be applicable to any violations of Sec-
tion 16.49.080.
(2) Misdemeanor. It is unlawful for any
person or entity to fail to maintain any building in
the downtown area designated as significant or
contributory in violation of Section 16.49.080.
Any such violation constitutes a misdemeanor
punishable as set forth in Section 16.49.090(a)(I)
above. Each day of violation constitutes a sep-
arate offense and may be separately punished.
The Chief building official and ordinance compli-
ance inspector arc authorized to exercise the au-
thority in California Penal Code Section 836.5
and to issue citations for violation of Section
16.49.080.
(3) Civil penalty. Any person or entity who
fails to maintain any building in the downtown
area designated as significant or contributory in
violation of Section 16.49.080 may be liable civil-
ly in a stun not to exceed one thousand dollars.
Each.day of violation constitutes "a separate of-
fens~ for which a penalty may be assessed.
(c) Remedies not exclusive. The remedies
provided by this section am not exclusive.
(Ord. 3721 §l (part), 1986)
16.49.100 Severability.
If any provision or clause of this chapter is
held to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, such invalid.
ity shall not affect other provisions of this chap-
ter, and clauses of this chapter are declared to be
severable. (Ord. 3721 §I (part), 1986)
16107 Rev. Oral. Supp. 3/92
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Graphic Attachment Date: January 21, 1997
to Staff Report File #: 96-HRB-32
Scale: linch = 200
North