Loading...
HomeMy WebLinkAbout2000-04-24 City Council (12)City of Palo Alto ¯City Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT APRIL 24, 2000 CMR:227:00 REPEAL OF ORDINANCE NO. 4549 (INTERIM URGENCY ORDINANCE REGULATING CERTAIN HISTORIC RESOURCES) RECOMMENDATION ~ ¯ Staff recommends that the City Council repeal Ordinance No. 4549 (Interim Urgency ordinance Regulating Certain Historic Resources) by adopting the attached draft ordinance (Attachment A). BACKGROUND In the course of developing a new permanent historic preservation ordinance, the City Council approved the current interim ordinance (Ordinance No. 4549) which took effect on February 23, 1999, and remains in effect until repealed or replaced by a new ordinance. On June 28, 1999, the Council adopted a new permanent historic preservation ordinance (Ordinance No. 4571, amending in full Chapter 16.49 of the Palo Alto Municipal Code, which was adopted in 1979). The new permanent ordinance, which would have gone into effect in late July, 1999, prohibited the demolition, in most cases, of properties listed on the Palo Alto Register and required mandatory review and compliance for certain alterations to Register properties. Prior to going into effect, Ordinance 4571 was placed on the ballot of the March 7, 2000 election through the referendum process and was rejected by a majority of the voters. DISCUSSION Because the interim ordinance is a pared-down version of the rejected Ordinance 4571, and was not intended to be a permanent ordinance, staff recommends that it be repealed by the City Council. If the Council repeals the interim ordinance, the original historic preservation ordinance of 1979 (Chapter 16.49) will continue in effect. Chapter 16.49 is primarily a voluntary ordinance that would apply to the approximately 500 properties on CMR:227:00 Page 1 of 4 the existing Historic Inventory. The provisions of the ordinance with respect to alteration and demolition are as follows: ’ Alteration review:- For about half these properties (Category 1 and 2 homes and the Professorville District), exterior alterations are required to be reviewed by the Historic Resources Board, but compliance with the Board’s recommendations is voluntary. About 40 commercial and multi-family properties, nearly all in the Downtown area, are subject to discretionary review by the Architectural Review Board, which includes consideration of impacts on historic significance as part of the environmental review process under California Environmental Quality Act (CEQA). Approximately 200 properties (Categories 3 and 4 outside Downtown and Professorville) are not subject to any historic review. Demolition review: About 230 properties (Professorville, Categories 1 .and 2 outside Downtown, and Categories 3 and 4 Downtown) are subject to demolition delay for up to one year. Demolition is prohibited for about 30 properties Downtown (Categories 1 and 2 and the Ramona Street District). The City possesses a large number of historic homes of great character because, as a major university town, Palo Alto was from its earliest years the home of knowledgeable and progressive residents who sought out high-quality and innovative architects; builders, and artisans to create their homes. While the historic preservation ordinance of 1979 (Chapter 16.49) provides for a voluntary approach to historic preservation, staff recognizes that an ordinance will be only one of the elements of a successful, well- rounded preservation program. Therefore, staff has adopted the goal of working with the community to develop a voluntary preservation program that will identify and respond to the real needs and problems of citizens as they make decisions regarding the rehabilitation, maintenance, and alteration of their older homes. Today’s land values and other economic realities make these decisions difficult, especially for new homeowners who must confront the special rehabilitation dilemmas and expenses of older homes while, at the same time, attempting to meet the rapidly rising costs of living in Palo Alto. Fortunately, a number of policies that make a voluntary preservation program possible are already in place in the City’s Comprehensive Plan (see Attachment B). In the section entitled "Goal L-7: Conservation and Preservation of Palo Alto’s Historic Buildings, Sites, and Districts," the Comprehensive Plan provides policies and programs that address two of the principle needs of a voluntary program: (a) to make historic preservation an attractive investment by introducing financial and development-based incentives, and (b) to coordinate the preservation program with local zoning and building codes so that these codes do not inadvertently act as disincentives to historic rehabilitation, or, more seriously, as incentives to demolition. Staff will work with various community organizations to identify how the incentive policies of the Comprehensive Plan can most CMR:227:00 Page2 of 4 usefully be implemented. Financial and development-based incentives beyond those provided in the Comprehensive Plan will also be explored. In addition, staff intends to pursue the following: and benefits Amendment of Chapter 16.49. The City’s 1979 historic preservation ordinance will be evaluated, with the participation of the public, to provide greater clarity and simplicity, and additional benefits. As already mentioned, a program of financial and deve!opment-based incentives will be considered. Staff will also review the issue of owner participation in the creation of historic districts, as well as the issue of relief from requirements of the California Public Resources Code in the aftermath of a natural disaster. A single designation category for historic properties and criteria for designation will be explored. Homeowner Assistance. Homeowners with technical and administrative questions about their historic rehabilitation projects or questions about the style and history of their homes will be able to call the City’s historic preservation reference service for quick answers. Information will be provided regarding the availability of materials for replication and restoration, and on many other topics. Promotion of Historic Preservation. The Palo Alto Comprehensive Plan, in Policy L- 58, observes that "part of what makes Palo Alto’s business districts and neighborhoods so interesting is the juxtaposition of buildings from different eras" which produces a "richness of character." By promoting historic preservation, the City will play an active role in encouraging property owners throughout Palo Alto to preserve the rich character of the City that so many of its residents value. Information provided by the 1979 historic survey and the update of 1998-2000 (see below) will be mailed to owners of properties on the survey lists for their enjoyment and use, and a series of brochures and walking tours will be prepared. Use ’of the Dames & Moore Historic Survey Update. During 1999-2000, the consulting firm of Dames & Moore updated the City’s 1979 historic survey by (a) assessing the integrity of properties on the existing historic inventory, and (b) identifying further historically significant properties using the criteria of the National Register of Historic Places. After reviewing the work of Dames & Moore, staff believes that some properties on the exiting historic inventory should be removed due to alterations that have resulted in a loss of historic integrity. Staff also believes that approximately 200 of the City’s pre-1948 properties are eligible for the National Register. Therefore, if Chapter 16.49 continues in effect, staff will work with the Historic Resources Board in making recommendations to City Council regarding: a) which properties should be removed from the historic inventory and b) which National Register eligible properties should be added to the historic inventory. Per chapter CMR:227:00 Page 3 of 4 16.49, the Board will also recommend a historic category number (1, 2, 3, or 4). All of these recommendations will be made at publicly noticed, regular Historic Resources Board meetings. .i RESOURCE IMPACT The historic preservation program will be administered by the .Department of Planning and Community Environment, specifically under the supervision of the Planning Manager and the Specialist for Historic Preservation, Dennis Backlund (a former member of the Historic Resources Board), $150,000 has been included in the proposed 2000-2001 budget as a placeholder for neighborhood and historic preservation. ENVIRONMENTAL REVIEW The repeal of an interim urgency ordinance, following the rejection of the related permanent ordinance by the voters, does not constitute a "project" as defined by the California Environmental Quality Act. TIMELINE If the City Council adopts the attached draft repeal Ordinance on April 24, the second reading would occur at the May 8 Council meeting and the Interim Urgency Ordinance would cease to be in effect 31 days later. ATTACHMENTS A. Draft Repeal Ordinance B. Excerpt from the 1998-2010 Palo Alto Comprehensive Plan: Goal L-7 PREPARED BY: Dennis Backlund, Specialist for Historic Preservation DEPARTMENT HEAD REVIEW: G. EDWARDGAWF ’ ~ Director of Planning and Community Environment CITY MANAGER APPROVAL: EMI HARRISON Assistant City Manager CMR:227:00 Page 4 of 4 4 Attachment A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO REPEALING ORDINANCE NO. 4549, ADOPTED FEBRUARY 22, 1999, REGULATING DEMOLITIONS AND MAJOR ALTERATIONS OF CERTAIN HISTORIC RESOURCES The Council of the City of Palo Alto does ORDAIN as . follows: SECTION i. The Council finds that: (a) Ordinance No. 4549 was adopted as an urgency and interim measure to prevent the demolition of certain historic structures pending adoption of a new permanent historic preservation ordinance amendingChapter 16.49 of the Palo Alto Municipal Code. (b) The permanent historic preservation subsequently adopted by the City Council did not take effect and was rejected by the voters of the City of Palo Alto on March 7, 2000. (c) Because. Ordinance No. 4549 was adopted as an interim measure, and in order to give effect to the voters’ rejection of the permanent historic preservation, Ordinance No. 4549 should be repealed. // SECTION 2.Ordinance No. 4549 is hereby repealed. // // // // // // 000314 syn 0090607.doc 5 SECTION 3. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Director of Planning and Community Environment Director of Administrative Services 2 000314 syn 0090607.doc PI~OGK4M L-50: Undertake a comprehensive review of residentlal and commercial zoning re- quirements to identify additional architectural standards that should be in- corporated to implement Policy L-49. P~o~.~ L-51: Use illustrations and form code methods for simplifying the Zoning Ordinance and to promote well-designed buildings. PaoGP,~t~ L-52: Discourage the use offences that obscure the view of houses, Tall fences along the street make the street both less appealing and less safe. Even the houses and yards behind tall fences are thought by law enforcement officers to be less safe when closed off from view. Being able to see private homes and gardens as you pass down the street conveys a sense that people are nearby and shows the special character of the neighborhood. While tall hedges can sometimes have the same undesirable effects as walls, they usually are more attractive and, in some areas, are an important component of neighborhood character. Both hedges and wails should be used in a way that permits views of the house from the street. POLICY L-50: Encourage high quality signage that is attractive, appropriate for the location and balances visibility needs with aesthetic needs. Pao~z~t L-53: Promote awards programs and other forms of public recognition for projects of architectural merit that contribute positively to the community. Pale Alto has a rich stock of historic buildings, some predating the City’s establishment in 1894. The City’s Historic Inventory identifies approximately 400 buildings of historical merit. There a~ i2 buildings on the National Register of Historic Places. There are also two National Register historic district~ in the City: the Ramona Street District and the Professorville Dis- trict. The "El Pale Alto" redwood tree, believed to be the site of a 1776 encampment of the Portola Expedition, is one of 19 sites in town that are registered California Points of Historical Interest. Seven sites or structures are listed on the California Register of Historic Landmarks, including the garage at 367 Addison that was the birthplace of Hewlett-Packard. The length of E1 Camino Real from San Francisco to San Diego, including the section that passes through Pale Alto, is a State Historic Landmark. PoLIcY L-5 1: ’ Encourage public and private upkeep and preservation of resources that have historic merit, including residences listed in the Historic Inventory. PROGI~4M L-54: Review and update the City’s Inventory of historic resources including City-owned structures. Attachment B See also Policy L-14 on the relationships of buildings to the street See also Program B-9 about revising the sign ordinance See Map L-7 for the location of historic districts, ~fldings of historic merit, and other historic resources Embracing the New Century L-35 PROGP~4M L-55: Reassess the Historic Preservation Ordinance to ensure its effectiveness in the maintenance and preservation of historic resources, particularly in the Uni- versity Avenue/Downtown area. P~o~ L-56: Maintain and strengthen the design review procedure for exterior remodeling or demolition of historic resources. Discourage demolition of historic resources and severely restrict demolition of Landmark resources. PROGP, AM L-57: Encourage salvage of discarded historic building materials. For proposed exterior alterations or additions to designated Historic Land- marks, require design review findings that the proposed changes are in com- pliance with the Secretary of the Interior Standards for Rehabilitation. A subdivision exception was granted in 1996 to preserve the gateway and attached wall, entry to the Pedro de Lemos Hacienda. ~’ Polo Alto Comprehensive Plan L-36 POLICY L-52: Encourage the preservation of significant historic resources owned by the City of Palo Alto. Allow such resources to be altered to meet contemporary needs, provided that the preservations standards adopted by the City Council are satisfied. PoLIcY L-53: Actively seek state and federal funding for the preservation of buildings of historical merit and consider public/private partners.hips for capital and program improvements. PoLIcY L-54: Support the goals and objectives of the Statewide Comprehensive Historic Preservation Plan for California. 8 POLICY L-5 5: Relocation may be considered as a preservation strategy when consistent with State and National Standards regarding the relocation of historic ’resources. POLICY L-56: To reinforce the scale and character of University Avenue/Downtown, promote the preservation of significant historic buildings. Older buildings may.be at a disadvantage because of the expense and specialized skills needed to adapt them for contemporary use. This is particularly true where seismic strengthening is needed or where the site cannot accommodate current parking requirements. In some cases, the use for which the building was designed is not even allowed by current zoning. The follow- ing programs are.intended to help overcome these obstacles and enable older buildings to be more competitive with new development. See also Policies B-19 and B-20 and Programs N-64 and N-65 An exemption from on-site parking requirements helped preserve the historic Byxbee House (left) and the early 20th Century garden at the Dr. Thomas M. and Dora Moody Williams Park (above). PnOa~A~ L-59: Allow parking exceptions for historic buildings to encourage rehabilitation. Require design review findings that the historid integrity of the building exterior will be maintaiited. Pao~P~ L-60: Continue to use a TDR Ordinance to allow the transfer of development rights from designated buildings of historic significance in the Commercial Down- town (CD) zone to non-historic receiver sites in the CD zone. Planned Com- munity (PC) zone properties in the Downtown also qualify for this program. POLICY L-57: Develop incentives for the retention and rehabilitation of buildings with historic merit in all zones. L-37 Embracing the New Century g See also Slate Health and Safety Code Section 18950 and 18951 The State Historical Building Code is found in Part 2.7 of the California Health and Safety Code ~;~’~Io Alto Comprehensive Plan~L-38 PROGRAM L-61 : Allow nonconforming uses for the life of historic buildings. PROGRAM L-62: Promote awards programs and other forms of public recognltion for exem- plary Historic Preservation projects. PROGRAM L-63: Streamline, to the maximum extent feasible, any future processes for design review of historic structures to eliminate unnecessary delay and uncertainty for the applicant and to encourage historic preservation. PROGRAM L-64: ~Encourage and assist owners of historically significant buildings in finding ways to adapt and restore these buildings, including participation in state and federal tax relief programs. POLICY L-58: Promote adaptive reuse of old buildings. Part of what makes Palo Alto’s business districts and neighborhoods so interesting is the juxta- position of buildings from different eras. This richness of character can be preserved by "adaptively reusing" or updating older buildings instead of tearing them down and replacing them. Even when the buildings are not historic, their reuse can help maintai~ the scale and visual interest of the City or a business district. PoLIcY L-59: Follow the procedures established in the State Public Resources Code for ¯ the protection of designated historic buildings damaged by earthquake or other natural disaster. The State Public Resources Code establishes a procedure for determining whether structures listed on National, State, or local public registers of historic places that are damaged in an earthquake or other natural disaster may be demolished or significantly altered. The Code prohibits demolition unless the structures present an imminent threat of bodily harm to the public or damageto adjacent property, or unless the State Office of Historic Preservation deter- mines that the structures may be demolished. The State Code provides that local governments may request a determination about demolition from the State Office of Historic Preservation, which then reviews the buildings with the participation of a team of three local residents. After this team has conducted their review of the buildings, the State Historic Preservation Office may approve demolition of the buildings. PRosPeCt L-65: Seek additional innovative ways to apply current codes and ordinances to older buildings. Use the State Historical Building Code for designated historic buildings. The Uniform Building Code, adopted by the City Council, allows flexibility in the way that code requirements for repairs, alterations, and additions are applied to designated historic buildings. Since 1985, the State Historical Building Code has been mandatory for all agencies and jurisdictions in California with designated historic buildings. 10 PRO~P~M L-66: Revise existing zoning and permit regulations as needed to minimize constraints to adaptive reuse, particularly in retail areas. POLICY L-60: Protect Palo Alto’s archaeological resources. The Palo Alto area is known to have been inhabited by indigenous people for ma.ny centuries prior to the arrival of the first Europeans. Discoveries of the "Stanford Man" skeletons near San Francisquito Creek at Stanford indicate human presence as early as 7,600 years ago. Over 50 archaeological surveys have been conducted in PaIo.Alto in association with specific projects but no systematic citywide survey aimed at locating all sites has been undertaken. There may still be undiscovered archaeological resources in many parts of the City. Such resources are most likely to occur near the original locations of streams and springs and northeast of E1 Camino Real near old tidelands. PRoGzt4~t L-67: Using the archaeological sensitlvity map in the Comprehensive Plan as a guide, continue to assess the need for archaeological surveys and mitigation plans on a project by project basis, consistent with the California Environmental Quality Act and the National Historic Preservation Act. Palo Alto has a variety of schools, cultural, and civic facilities located throughout the commu- nity. These facilities can take on a more multifaceted role, serving as a center for public life in neighborhoods that do not have a commercial center close by. This role can be encouraged by physical changes that create informal gathering places, bicycle and pedestrian access, lighting for night time use, and in some cases, small-scale retail services such as cafes. See Map b8 for known areas of archaeological sensitivity Embracing the New Century L-39 On Saturday mornings a civic facility is transformed into a public gathering place when people come to the colorful Farmer’s Market held in this public parking lot. 11 12