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HomeMy WebLinkAbout1999-02-22 City Council (15)City of Palo Alto C ty Manager’s Report TO:HONORABLE CITY COUNCIL 9 FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:FEBRUARY 22, 1999 CMR:159:99 SUBJECT:CONSIDERATION *OF A DRAFT URGENCY ORDINANCE ESTABLISHING ~TEMPORARY HISTORIC PRESERVATION REGULATIONS RECOMMENDATION Staff recommends that the City Council adopt the attached draft urgency ordinance. BACKGROUND Staff reported to the Council that, because the Draft Environmental Impact report for the proposed Permanent Historic Preservation Ordinance (PHPO) requires revision and recirculation and that because the Interim Historic Regulations are due to expire on March 31, 1999, temporary historic regulation need to be adopted, on an urgency basis, to protect and preserve the previously identified most significant historic resources in Palo Alto. In the preliminary historic evaluation process performed by Dames & Moore, the significant historic resources have been refined from approximately 4,400 properties to 830. Council provided direction on February 17 regarding the necessity and components for this urgency ordinance. DISCUSSION Based on City Council direction, staffproposes an urgency ordinance that consists of two parts. 1.Temporary Historic Preservation Regulations. These regulations will apply to approximately 830 identified significant historic resources. The 830 properties consist of the following: CMR:159:99 Page 1 of 4 °Properties listed on the existing Palo Alto Inventory of Historic Places, including all Category 1, 2, 3, and 4 properties and all contributors to a historic district. ¯Those properties identified as landmarks under the Interim Historic Regulations. Those properties identified as potentially eligible for the National Register of Historic Places through the Dames and Moore survey. All of the above-referenced properties will subject to review of major alteration proposals and demolition requests. Major Alterations Proposals for major alterations will be reviewed by staff for compliance with the Secretary of Interior’s Standards for Rehabilitation. After this review, staff will forward a recommendation for a final decision to the .Director of Planning and Community Environment. A notice will be sent for each major alteration request to all property owners within 300 feet of a project site. The applicant or a property owner within 300 feet of a project may request an optional hearing before the Historic Resources Board for review and recommendation to the Director of Planning and Community Environment. The Director’s decision can be appealed to the City Council. Demolitions Staffwill forward any request for demolition to the HRB for recommendation to the Director of Planning and Community Environment. The Director will be required to make findings, as contained in the draft urgency ordinance (Attachment A), to allow demolitions of protected structures. The Director’s decision can be appealed to the City Council. 2.Transition Regulations for Certain Properties Identified as Contributing Under the Interim Historic Regulations. There are approximately 20 properties that were designated as "contributing" structures under the Interim Regulations and which also appear on the proposed Resource List of the draft PHPO, either as National Register-eligible or as a Category 3 or 4 on the current Inventory. To provide for a fair and orderly transition from the Interim Regulations for these properties, the draft urgency ordinance extends the period in which these properties may complete the compatibility review process and submit a complete application for a building permit to July 31, 1999. RESOURCE IMPACT No new resource impacts have been identified relating to the adoption of the urgency ordinance. CMR:159:99 Page 2 of 4 POLICY IMPLICATIONS The urgency ordinance is consistent with all applicable Comprehensive Plan Policies. TIMELINE The urgency ordinance is proposed to be in effect until a new permanent Historic Preservation Ordinance is in place or until July 31, 1999, whichever occurs first. ENVIRONMENTAL REVIEW Staff has determined that the proposed urgency ordinance relating to temporary Historic Preservation regulations is Categorically Exempt, per Section 15305 (Minor Alterations in Land Use Limitations), Section 15308 (Exemption for Actions by a Regulatory Agency to Protect the Environment) and Section 15269 (Emergency Projects), from the California Environmental Quality Act. ATTACHMENTS Draft Urgency Ordinance PREPARED BY: Ed Gawf, Director of Planning and Community Environment George White, Planning Manager Director of Planning and Community Environment PROJECT COORDINATOR: EMILY ffAR~SON Assistant City Manager CM_R:159:99 Page 3 of 4 cc."Architectural Review Board Historic Resources Board Planning Commission Palo Alto/Stanford Heritage Palo Alto Historical Association Palo Alto Chamber of Commerce Palo Alto Board of Realtors Palo Alto Unified School District Barron Park Association College Terrace Residents Association Crescent Park Neighborhood Association Community Center Neighbors Association Downtown North Neighborhood Association Midtown Residents Association Palo Verde Neighbgrhood Association Ramona Homeowners Association University Park Association University South Neighborhoods Group Ventura Neighborhood Association John Paul Hanna Palo Alto Homeowners Association George Zimmerman Architectural Resources Group Origins Design Network Carroll Harrington Norman Beamer Monica Yeung-Amariko Members, Historic Preservation Advisory Board CMR:159:99 Page 4 of 4 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CIT~ OF PALb ALTO REGULATING DEMOLITION AND MAJOR ALTERATION OF CERTAIN HISTORIC RESOURCES AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY The City Council of the City of Palo Alto does ordain as follows: SECTION i. Findings. The Council finds and declares: A. The protection, enhancement, perpetuation and use of structures and districts of historical significance within the City of Palo Alto are of great cultural, aesthetic, and economic importance to the City and all of its residents. B. The City Council has recognized that the current Historic Preservation Ordinance (Chapter 16.49 of the Palo Alto Municipal Code) does not adequately protect the City’s most significant historic resources. The City therefore adopted an interim ordinance to slow the loss of historic resources while the City’s historic preservation ordinances and historic resources inventory were revised and updated (Chapter 16.50 of the Palo Alto Municipal Code.) That ordinance expires on March 31, 1999o C. The City released a Draft Environmental Impact Report in December of 1998 for public review and comment. A substantial volume of comments were received. Many cementers, including the State Office of Historic Preservation, requested that the Draft EIR be revised and recirculated. The City has agreed to do so. This occurrence has made it impossible to adopt a permanent .historic preservation ordinance that will take effect when the current ordinance expires. D. There is great demand for building sites inPalo Alto, and therefore, a great demand for demolition of existing buildings, including important cultural resources. If a new interim ordinance is not adopted on an urgency basis, to replace Chapter 16.50 and supplement Chapter 16.49, there is a clear and imminent danger that structures eligible for the National Register of Historic Places or classified as important historic and cultural resources under the city’s own review procedures will be destroyed. E. It is necessary for the preservation of the public health and safety to enact as an urgency measure an ordinance restricting the demolition, or substantial impairment of the historic integrity of, the most significant historic structures identified in the preceding paragraph. The reasons for the urgency are as follows: i. The prospect~ of adopting a new historic preservation ordinance, which may limit the ability of property 1 990219 lae 0090113 owners to demolish older structures in the City which are historic resources, will encourage some persons to cause such demolition in advance of the effective date of the ordinance revisions, thereby undermining the City’s efforts to protect the environment and preserve historic resources; and 2. The extremely high and rapidly increasing cost of residential property in the City, combined with present land use regulations, has created significant economic incentives for demolition of historic structures, to the detriment of the City and its neighborhoods; and 3. The City has experienced a high and continuing demand for demolition permits. SECTION 2. Definitions. For the purposes of this ordinance, the following definitions shall apply: (a) ~Demolition" means the removal of fifty percent (50%) or more of the exterior walls of a building or structure. Demolition includes the relocation of a building from one parcel of land to another. Demolition does not include either I) the removal and replacement in kind of deteriorated, non-repairable materials required for the restoration and rehabilitation of the building or structure and resulting in no change to its exterior appearance or historic character, or ii) removal of non-historic features or additions that may exist on a Protected Historic Resource. (b) ~Director" shall mean the director of planning and community environment or the director’s designee. (c) ~Major Alteration" means an alteration of a Protected Historic Resource that includes one or more of the following . elements: (1) (2) the exterior walls; Alteration of a street-facing facade; Removal of more than twenty per cent (20%) of (3) the ground floor; Addition to or enlargement of a structure above (4) The need for a variance or exception, other than a Home Improvement Exception, from zoning or other City codes; (5) Construction, relocation, or demolition of an accessory structure of a type that requires a building permit for initial construction; or structure. (6) Relocation within a site of a principal Maintenance and repair exempt from review under this ordinance includes i) any modifications to the interior of a building; and 2 990219 lac 0090113 ii) any maintenance or repair of exterior features that does nor require a building permit and does not involve change in design, material, color or exterior appearance. For single-family and two- family properties, maintenance exempt from review includes the repainting of previously painted surfaces, regardless of color. (d) "National Register of Historic Places Criteria" means the criteria for evaluation for eligibility for the National Register of Historic Places found at 36 Code of Federal Regulations 60. (e)~Protected Historic Resource" means: (i) All properties that were placed on the historic inventory of the City of Palo Alto as Category i, 2, 3 or 4 structures under Chapter 16.49 of the Palo Alto Municipal Code; and (2) All properties in the Professorville Historic District that were built before 1938 and all structures in the Ramona Street Historic District; and (3) All properties identified as ~landmarks" under Chapter 16.50 of the Palo Alto Municipal Code before March 31, 1999; and (4) Those structures identified as potentially eligible for listing on the National Register of Historic Places in the ,study completed by Dames and Moore for the City bf Palo Alto in accordance with a methodology approved by the California State Historic Preservation Office in January 1999 and listed in Exhibit A attached to this Ordinance and a part of it. (f) ~Secretary of the Interior’s Standards for Rehabilitation" means the Secretary of the United States Department of the Interior’s Standards for Rehabilitation of Historic Buildings, issued by the National Park Service (36 Code of Federal Regulations Part 67), together with the accompanying interpretive Guidelines for Rehabilitating Historic Buildings, as they may be amended from time to time. (g) ~Street-facing facade" means any exterior wall of a structure which faces a public street, not including an alley, and the portion of the attached exterior walls and roof within fifteen (15) feet of the street-facing side of the structure. All structures, other than accessory structures, shall be treated as having at least one street-facing facade. SECTION 3. Demolition Clearance Certificate. (a) No person shall demolish or cause the demolition of a Protected Historic Resource unless a demolition clearance certificate has been issued by the Director, or by the City Council on appeal. Applications for demolition of a Protected Historic Resource shall be made on a form provided by the Director and shall include all information specified by the Director. There shall be 3 990219 lac 0090113 no fee. A demolition clearance certificate shall be issued if, and only if, the Director determines, based on substantial evidence, that: (I) The Protected Historic Resource would not be eligible for the National Register of Historic Places because it no longer has sufficient ~integrity to convey, its historic significance, or it meets none of the National Register of Historic Places criteria, or (2) The Chief Building Official or the Fire Chief has determined pursuant to Chapter 16.40 of the Palo Alto Municipal Code that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or (3) Maintenance, use and/or alteration of the resource in accordance with the requirements of this ordinance would cause immediate and substantial hardship on the property owner(s) because rehabilitation in a manner which preserves the historic integrity of the resource: (i) Is infeasible frommechanical, or structural standpoint, and/or a technical, (ii) Would leave the property with no reasonable economic value because it would require an unreasonable expenditure taking into account such factors as current market value, permitted uses of the property, the value of transferable development rights and the cost of compliance with applicable local, state, and federal codes. Costs necessitated by the neglect or failure of the current owner(s) to maintain the property shall not be considered in making this finding. (b). Applications for a demolition clearance certificate based upon ineligibility for the National Register of Historic Places or hardship shall be reviewed as described in Section 6 below. SECTION 4. Major Alterations. ~(a) No person shall make a major alteration of a Protected Historic Resource, ~or cause or permit such major alteration to be done, nor shall any permit for such work be issued unless the major alteration has been approved by the City in accordance with this Ordinance. Provided, the applicant may request exemption from the requirements of this Section 4 on the basis of ineligibility for the National Register of Historic Places or hardship in the same manner and on the same basis as an applicant for a demolition permit. Applications for an alteration of a Heritage Property shall be made on a form provided by the Director. Applications shall include all information specified by the Director. There shall be no fee. 4 990219 lae 0090113 (b) Within thirty (30) working days of determining that an application is complete, the Director shall preliminarily determine that the major alteration as consistent with the Secretary of the Interior’s Standards for Historic Preservation, approve with conditions necessary to assure consistency, or deny approval, and send notice to the applicant and the owners of property within three hundred feet of the subject property, as shown on the latest equalized assessment roll. Within ten (i0) days after notice is sent, the applicant or any owner of property within three hundred feet may request Historic Resources Board review of the Director’s determination by filing a written request with the Director. If such a request is received, the matter shall be heard as provided in Section 6 below. Provided, at the property owner’s option,’ the matter may be heard initially by the Historic Resources Board without a previous determination by the Director. If no timely request for hearing by the Historic Resources Board is received, the Director’s decision shall become final and will not be subject to appeal to the Council. (c) No City permits of any kind shall be issued with respect to a Major Alteration of a Protected Historic Resource unless such permits are in compliance with any modifications, conditions or other requirements determined by the Director, (or by the City Council on appeal), after review by the Historic Resources Board, to be necessary to assure consistency with the Secretary of the Interior’s Standards for Rehabilitation. (d) The following findings, based on substantial evidence in the record, must be made by the Director, or by the City Council on appeal, in order to approve a major alteration of a heritage property: (I) The alterations, subject to any conditions imposed upon the approval, will not result in a substantial adverse change in the significance of the historic resource; and (2) The alterations will be consistent with the Secretary of the I.nterior’s Standards for Rehabilitation. SECTION 5. Application for Reclassification of Potential National Register Properties. The owners of a Protected Historic Resource listed on Exhibit A, or an agent holding their written authorization, may apply to the Director for removal of that designation from their property on the grounds that it would not be eligible for the National Register of Historic Places because it no longer has sufficient integrity to convey its historic significance, or it meets none of the National Register of Historic 91aces criteria. The application shall be made on a form provided by the director and shall include all information specified by the Director. There shall be no fee. The application shall be reviewed, under the procedures of Section 6 of this ordinance. 5990219 lac 0090113 SECTION 6. Historic Resources Board Review Procedure. (a) Each application for a demolition clearance certificate based on ineligibility for the National Register of Historic Places or hardship, each application for major.alteration for which a request for hearing by the Historic Resources Board is requested, and each application for reclassification shall be considered by the Historic Resources Board at a public hearing. The Historic Resources Board may continue the hearing for not more than thirty days. (b) The application shall be set for hearing on a date no later than forty five (45) days after an application is determined to be complete or the request for hearing is received by the City. 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 general circulation, and by first class mail to the applicant, to the owner(s) of the property, and to the owners of property within three hundred feet of the site. (c) The Historic Resources Board shall, based upon the appropriate findings, -recommend to the Director approval or disapproval of the application, and any appropriate conditions. (d) Following receipt of the recommendation of the Historic Resources Board, the Director shall act upon the application within five(5) working days. The Director may approve, disapprove or modify the Historic Resources Board’s recommendation. (e) The Director’s written findings and notice decision shall be delivered to the applicant by mail. of (f) The applicant shall bear the burden of proof for all findings-~required for approval of ~an application for demolition under this Ordinance. SECTION 7.’ Appeals. (a) Any aggrieved person may file an appeal with the City Council of any determination of the Director under this Ordinance. An appeal of an action shall be filed not lat%r than eight working days after notice of the Director’s decision is sent to the applicant. Any such appeal shall be filed in accordance with the provisions of Chapter 18.93 of the Palo Alto Municipal Code. ~Aggrieved persons" shall include only the owner of the Protected Historic Resource, or other person acting with the owner’s written consent, or a property owner or resident who owns or resides in property within three hundred feet ~of the Protected Historic Resource. A member of the City Council, City staff or any Board or Commission Member shall not be deemed to be an aggrieved person unless they other wise qualify as an aggrieved person under this Section. 6 990219 lac 0090113 (b) The Council may reverse or affirm wholly or partly, or may modify any decision, determination, or requirement of the Director, and may make such decision or determination or may impose such conditions as the facts warrant with respect to the appeal and to the determination appealed, and the decision or determination of the Council shall be final. (c) The decision of the Council shall be effective immediately. Notice of the Council’s decision shall be mailed to the original applicant, to the person filing the appeal, and to any other person who has filed a written request therefor with the City Clerk. SECTION 8. Exception for Properties Classified as ~Contributing Properties" under Chapter 16.50. At the option of the property owner, demolition or major alteration of a Protected Historic Resource that was classified as a contributing structure under Chapter 16.50 of the Palo Alto Municipal Code on or before March 31, 1999 shall be governed by the provisions of that Chapter as it existed on March 31, 1999. Provided, no demolition permit shall be issued unless compatibility review have been completed and a complete building permit application for the replacement structure filed on or before July 31, 1999. SECTION 9. Construction with Chapter 16.49. When a major alteration or demolition of a Protected Historic Resource is proposed, the provisions of this ordinance shall supersede the provisions of Section 16.49.050 and 16.49.070. SECTION i0. Time Limits for Benefit of Applicant. Time limits in this ordinance, except for the time limits for requesting a hearing before the historic resources board or for appealing a decision to the city council, are for the benefit of the applicant and may be waived, in writing, by the applicant. SECTION Ii. Enforcement; Remedies for Violation. (a) In addition to all other remedies otherwise provided by law, the following remedies shall be available to the City for violation of this Ordinance: (I) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation. (2) Costs. In any civil action brought pursuant to this Ordinance in which the City prevails, the court shall award to the City all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the -action, and reasonable attorney fees. 7 990219 lac 0090113 (b) The following designated employees~ may enforce the provisions of this chapter: Chief Building Official, Assistant Building Official, Code Enforcement Officer. SECTION 12. Effective Date. This Ordinance shall be effective immediately and shall cease to have force on the effective date of an Ordinance amending Chapter 16.49 or repealing. the provisions hereof, whichever occurs first. SECTION 13. The Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (~CEQA") because it falls within the provisions of the ~minor alterations to land use limitations" categorical exemption set forth in section 15305 of the CEQA Guidelines, and because it falls within the emergency project exception to CEQA set forth in Section 15269 of the CEQA Guidelines, and because it falls within the exception for actions by a regulatory agency to protect the environment set forth in Section 15308 of the CEQA Guidelines. This Ordinance was introduced at a regular meeting of the Council of the City of Palo Alto which commenced on Monday, February 22, 1999, and was passed by a four-fifths vote of all Council Members present at the meeting as follows: INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney City Manager Director of Planning and Community Environment 8 990219 lac 0090113 Exhibit A 650 Addison Ave 120 06 010 471 Addison Ave 120 17 055 201 Alma St 120 25 060 1101 Alma St 120 30 044 2230 Amherst St 137 07 062 695 Arastradero Rd 167 03 019 2264 Bowdoin St 137 07 004 162 Bryant St 120 24 038 541 Bryant St 120 15 091 627 -Bryant St 120 16 036 724 Bryant St 120 27 054 804 Bryant St 120 28 015 806 Bryant St 120 28 016 840 Bryant St 120 28 020 846 Bryant St 120 28 021 1501 Bryant St 124 07 011 1536 Bryant St 124 16 064 1680 Bryant St 124 17 018 1701 Bryant St 124 08 078 2000 Bryant St 124 19 019 2020 Bryant St 124 19 020 2160 Bryant St 124 19 076 2183 Bryant St 124 10 053 2183 Bryant St 124 10 053 336 Byron St 120 02 085 518 Byron St 120 03 055 2130 Byron St 124 04 052 2277 Byron St 124 05 024 526 Center Dr 003 08 022 555 Center Dr 003 10 016 560 Center Dr 003 08 025 850 Center Dr 003 27 025 667 Channing Ave 120 05 014 751 Channing Ave 003 32 060 545 ,Chaucer St 003 07 046 560 Chaucer St 003 05 016 352 Churchill Ave 124 07 022 538 Churchill Ave 124 01 006 265 Coleridge Ave 124 16 066 356 Coleridge Ave 124 08 020 380 Coleridge Ave 124 08 021 418 Coleridge Ave 124 08 068 440 Coleridge Ave 124 08 023 509 537 570 631 660 643 1032 1082 1325 872 2025 2115 2127 127 250 330 818 904 1535 1570 1620 1741 1965 2005 2025 2065 2085 2150 2175 2200 2670 1 39 5O 51 75 79 1275 2050 530 541 548 59O 1400 1401 1444 1449 1474 1485 Coleridge Ave Coleridge Ave Coleridge Ave Coleridge Ave Coleridge Ave College Ave College Ave College Ave College Ave Colorado Ave Columbia St Cornell St Cornell St Cow ~er St Cow ~er St Cow ~er St Cow ~er St Cow ~er St Cow ~er St Cow )er St Cow ~er St Cow }er St Cow }er St Cow }er St Cow )er St Cow )er St Cow )er St Cow )er St Cow )er St Cow )er St Cow ~er St Crescent Dr Crescent Dr Crescent,Dr Crescent, Dr Crescent Dr Crescent Dr Dana Ave Dartmouth St E Crescent Dr E Crescent Dr E Crescent Dr E Crescent Dr Edgewood Dr Edgewood Dr Edgewood 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