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Home My WebLink AboutORD 3273..... I ORDINANCE NO. 3273 ORD! NANCE 0 F' 'l'H E: COUNCIL OF THE CITY OF PA LO ALTO .AMENDING 'l'HE ZONING CODI: (TITLE 18) AND THE SUB DIVISION CODE (TITLE 21) or THE PALO ALTO MUNICIPAL CODE R8GARDING THE GIVING or NOTICE F'OR PLANNING DEPARTMENT APPLICATrONS The Council of the City of Palo Alto does ORDAIN as follows: SEC'rION 1. Sections 18.90.020{b}(1) and (2) of the Palo Alto MunicTpal COd"e-are hereby a.mended to read as follows! 11 ( 1) A description and map showin9 the lo·~ cation of the property for which the v~H"iance or permit is sought, and indicating the location of all parcels of real property within 9L4 meters ( 300 feet) from the exter: ior boundary of the property involved in the applicatjon. N(2) The name and address of the applicant, and the names and addresses of all persons shown in the last equalized assessment ro.11 (as updated by the semi ~annual rea 1 est a tt~ upcL:;t e inf onna-· tion) as owning real property within 91.4 meters ( 300 feet} of tth.? extc~ri .. t.W bouncL!cy of l:hc prc::.'p erty which i.s the subject of the application. 11 SECTION 2, Si:1ctions 1B.90.030(b} and (c) of the Pdlo Alto Munic'fpal Cod'e-are hereby amended to cead as follows: "(b) Notice of such hearinq sl·;all be given by publication once i~ a local newspaper of gen eral circulation not less than fifteen days prior to the date of hearing. 1\ddition~llyf notice of such hearing shall be mailed at least fifteen days prior to the date of the hearing to the ap plicant, and to owners of record of real property within !11. 4 meters ( 300 feet) of the exterior boundary of the property involved, as such owners of record are shown in the last eqoalized dSsess ment roll (as updated by the semi-annual real estate update information) and the occupants of said property within 91.4 meters. Compliance with the pt·ocedures set forth herein shall con stitute a good faith effort to provide notice, and the failure of any owner or occupant to re ceive notice shall not prevent the City from proceeding with the hearing or from taking any action nor affect the validity of any action. "(c) The notice of public hearing shall contain the following: (1) The exact address of the propecty, if known, or the location of: the property, if the ex act address is not known, and the nature or purpose of the appl ica't ion 1 (2) ~he time, place, and purpose of the hearing; (3) A brief description, the content of which shall be in the sole discretion of the C1cy, of the variance or permit sought. ( 4) Reference lo the application on f i l·e for particulars; and ( 5) A statement that any interested person, or aqent thereof, m&y appear and be heard. Typographical and/or publishing errors shall not invalidate the notice nor any City action. . ,~ ... SECTION 3. Section 18.94.070(c), excluding subdivisions ( 1) through (6), of the Palo Alto Municipal Code is hereby amended to r.ead as follows: ~(c) The Director of Planning and Community Environment shall determine those properties the use of which were lawfully existing uses permit ted or conditionally permitted, in the distr-icts in which they were located immediately pd or to July 20, 1978 and whi•:h uses were rendered non conforming by reason of the adoption of this Title on July 20, 1978, and those properties which, prior to July 20, 1970, were located in an R-1 district which was imposed by reason of an nex.ation of the property to the city without ben efit of prezoning, the uses of which were lawful ly existing uses permitted or conditionally per mitted opera'drH; subject to a Conditional Use Permit prior to the date of annexation. "Written notice of such nonconfo~mance shall be mailed to the owner of record of each such property and to the occupant of the property. W it h i n two ( 2 ) ye a r s o f t he cL3. t f' o f m ,, i. 1 i n c: o f such notice, any owner of such property, lr:~.-,~.;pr:: of such property· with the ;.n·.it.ten consent of o'..:n ers, or pur-cbaser. of such pr.operty "''hen actin9 pursuant to a contract of sale in writing duly executed and acknowledged by both the buyei: and the owner of record, may apply to have such prop~ erty excepted from the termination provisions 0f this section.. Said applicntio11 ;r,ay be ;nad<2 to the Direct.or of Planninq and ComvrH1ity Environ ment in such form as may be prr.!sn: i.bed by the Dir:ector of Planning and Commun.tty Envit:onmenL Said application shall includ0, but not b(: lirt.i.t· ed to, a st.<.:1temen.t of t.he location and size of the prupertyf the nat~.ice of 5.t::.~ use on .July 20r 1978, a statement of reascns est.o.blishir.g that the use is compatible with and will not he detri mental to the uses designated in th~ Comprehen sive Pl an for the surrounding area .1nd proper ties, a map nf the s1:~ject property indicating the location of al!. parcels of '!:"2al property within a distance of 91.4 mE;·ter~ {300 fe.~t) from the exterior boundary of the subject prop0rty, a list as shown in the last equalized assi:::rnment roll (as updated by the semi-annual real e~tate update !.nformati.on), of the name and addres5 r.f the owner of record of e~ch such parcel, and such other information as may be required by the Director of Pla.r.1ing and Community Environment." SECTION 4. Secti.ms 18.~8~060(a) and (b) of the. Palo Alto Municlp'al Co<l'e" are hereby amended to read as follows~ "(a) The Planning Commission shall give a notice of hear.ing on ;;i proposed change of dis trict boundaries in the following manner: ( 1) Notice of the hearing shall be given by publication once in a local newspaper of general circulation not less than fifteen days prior to the date of the hearing. (2) Additionally, excepting a city-wide change in the zoning map, the City shall mail written notice of such hearing at least fifteen days prior to the date of the -7- ------~ -·-·---------------------, hearing to each owner of record of real property within 91.4 meters (300 feet} of the exterior boundary of the property for which classification is sought ~s such owner of record is shown in the last equalized as sessment roll (as updated by the semi-annual real estate update information), and to oc cupants of ~aid property within 91.4 meters. Compliance with the procedur.es set forth herein shall constitute a good faith effort to provide notice, and the failure of any owner or occupant t.o receive notice sha 11 not prevent the City from proceeding with the bearing or from tJking any action nor affect the validity of any action. (b) The notice of public hearing shall con tain the following: {1) The exact address of the property, if known, or the location of the property, if the ex act address is not known, and the existing and requested district or districts applic able. (2} ')~'he time, place, and purpose of t·1H:> hear.lnq; (3) A brief description, the content of which shall be in the sole discretion of the City, of the change in district boundaries or req uJ.ations sought. (4) Refer-ence to the application or-mot.ion on file for particulars; and (5) A statement that any interested p~~-rson, or agent thereof, may appear and be heard.~ Typographical and/or publishing errors shall not invalidate the notice nor any City action. SECTION 5. Section 18.98.090 of the Palo Alto Municipal Code is hereby amended to read as follows: "The Commission shall review any proposed change in the provisions of this Title, whether initiated by the Council or the Commission. The Planning Commission shall hold a public hearing on any changes proposed to the zoning regu la t ions. Notice of the time and place of such hearing and the purpose thereof shall be given by publication once in a local newspaper of general circulation not less than fifteen days prior to the date of the hearing. "In the case of proposed changes initiated by the Council~ the Commission shall forward its recommendations to the Cou.nci l within a reason able time period, but not to exceed 180 days in any event unless extended by the Council. H In the case of proposed changes initiated by the Commission, the Commission shall forward its recommendations to the Council at such time as it deems appropriate. "The written recommendation of the P tanning Commission shall be submitted to the Council, and shall set forth the findings and determinations of the Commission with respect to the proposed change. n -3- ... ~-. • SECTION 6. Section 18.98.100 of the Palo Alto Municipal Code .\s hereby amended to read as follows: "Upon receipt of the recommendation of the Planning Commission on a change of district boundaries or on. a change to the provisions o( th.ls Title other than a change in district bound aries, the Council may, at its option, give no tice of a hearing in the manner. provided by Sec tion 18.98.060 or Section 18.98.090, whichever. is applicable. Afte~ consideration of the recommen dation of the Planning Commission, and the com pletion of a public hea:ri ng, if any, the Council may approve, modify or disappr.ove the proposed change of district boundaries or change of any other provisions of this Title. Should the Coun c i 1 determine that a change of dis tr: i ct bound aries or change of any other provisions of this 'I' i tle shall be appcopr i ate, such change shall be accomplished by ordinance." SECTION 7. Section 21.12.090(.f) of the Palo Alto Municipal Code is hereby amended to read as follows: ."(f) (1) Notice~-2!.Jl~LO.S.· Notice of the hearing requir:ed by subsections (c), (d} 1 or (e) above sha 11 be given by publication once in a 1 oca l newspaper of genera 1 c i rcul at ion not less than fifteen days prior t0 the date of the hearing. "(2) Additionally 8 the City shall mail written notice of rrnch hearing at least fifteen days prior to the date of the hearing to each owner of n~coi-:-d of rea.1 pr.operty witbln 91.4 meters (300 feet) of the exterior boundary of the prope1·ty for which classification is sought as such owner of record is shown in the last equal ized assessment roll (as updated by the semi annual t'eal estate update information), .and to occupants of said property W"ithin 91. 4 meters. Compliance with t.he procedures set for th here in shall constitute a good faith effort to provide notice and the failure of any owner or occupant to receive notice shall not prevent the City from proceeding with the hearing or from taking any action nor affect the validity of any action. "(3) The notice of public hearing shall contain the following~ (a) The exact address, if known, of the property involved or the location of the property in volved, if the exact address is not known; (b) The time, place, and purpose of the hearing; (c) A brief description, the content of whieh shall be in the sole discretion of the City, of the subdivision applied for. (d) Reference to the application on file for' particulars; and ( o) A statement that any interested person, or agent thereof, rn~y appear and be heard. Typographical and/or publishing errors shall not invalidate the notice nor any City action. "(4) ln addition to any o.:.her information required, the applicant shall submit with its application a 1 ist of · cdl ownei::s of record of -4- • real property within 91.4 meters DOO feet) of the exterior boundary of the property to be sub divided as shown in the last equalized assessment roll (as updated by the semi-annual real estate update information)." SECTION 8. The Council finds that this is not a project under the caTtfornia Environmental Quality Act and, ther.efor-e, no envi ronmental impact assessment is necessary. SECTION 9. This ordincrnce shall become effective upon the commencemen~·~1 the thirty-first day after the day of its passage. IWCRODUCED: March 9~ 1981 PASSED: March 23, 1981 ~.YES: Bechtel, Fazzino, Fletcher, Henderson~ K1ein> Levy, Renzel, Witherspoon NOES: None ABSTENTIONS~ None ABSENT~ Eyerl y APPROVED: , r\ /~} ,_.,...,.~(-'o~,~~)A;.~Q~---~':;._~~~~~·--<~==:::::~. ~~ c it-y 11 anager 2~~~@·f. SG/~~.~ Director of Planning and Community Environment APPROVED: ~~~~~<fk::t..,. Mayor -s-