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Home My WebLink AboutORD 3570ORDINANCE NO. 3570 ORDINANCE OF THE COUNCIL OF 'rHE CITY OF PALO ALTO IMPOSING MORATORIA FOR ONE YEAR ON THE CONSTRUCTION OF NEW SQUARE FOOTAGE AND THE CONVERSION OF NON OFF ICE USES T0 OFF ICE USES IN THE OOWNTOWN AREA AND DECLARING AN EMERGENCY WHEREAS, the City Council is concerned about employment and tra:t:':~ fie 9rowth and the concomitant shortage of parking generated by the:. increasing new. c()h.struction and conversion of uses to office uses :fn' the downtown are~ of the CityJ and WHEREAS, new construction and conversion of uses ~o office uses in the downtown area will adversely affect the peace. ·.~~~ t:h, safety and w·~lfare of the City by nmning counter to the cl .. .t council's concern about the increase of development and ~raffia and th~ shortage of park ing and the need to maintain retail vitality in downtown Palo Alto; and WHEREAS, the Council wishes to halt new construction and conver sion pt uses to office uses in the downtown aLea while the City staff, the Downtown Study Ccmmittee and the Planning Commission complets the downtown study, which was set up by the Council on March 19, 198,1 to examine the i.nterrelationship of parking, traffic and land use issues; NOW, TH£RLFORE, th~ Counc j_ 1 of the City of Palo Alto dc~s ORDAIN as follows: . SECTION_!. A moratorium is imposed 1-)y the City on the procea,sing c.;.. f. all applications for planning approvals or building per~i ts, .:.nclud?. irig use and occupancy permits, for the construction of any new square footage in. the commercially zoned downtown area, as shown on t!1 1.! map attached hereto as Exhibit AJ px-ovideJ that this moratorium shall not appl)' to ·(a) The rewodeiing of any building,, as ltm2 as no additional , , gross square foota9e is. added to the gJ:OSS square footage of the b~ild- ing. ; · ' (b) The addition p! u~ to 5,000 gross fiquare feet t,p,.an.: unreinforced masonry . buildilt9 }:ha~ ls, undergoing sei.-,mic rehabili:La~ tion, provided that such ~an additi:on sheill comply with .all other C~ty ordinances. For the purpose$. of t;pis ~~ction, • seismic renabilitat ion WI shall be d7termineq by the chief ,oultding official, pu:LS\lant to guiqe-, line.s on seismic rehabilttation developed by the building department • '''" . (.c) · . New cpns true t i!l)n that rece i vcd a final . r.~co'ta,mendat:ion;· . for desi g(l approval :fro~J; the o.rch.i t~ctura 1. review 'tx>ard pursuant t<:r '.• Palo Alto M'onicipal Code Chapter 16.48. on or before September 17, 1~84. . . ' -~· ' ··.· ' ~~.*-~4-·:~ r~J....::.'~A~·~-~-... ·,1. ·• I SEC'fiCN 2. A moratoriwa is imposed by the City on the processin·g , . of all applications for planning approvals or building permits, includ- in~ use and occupancy permits, for the conversion of non-financial ser•' vice uses or non-cffiGe uses to financial service uses or office use~~ ·•·.: includin~ ae<Hcal, professiona.l, general bus ines~ and admin.i strat fvf;t offices. on the qround floor of. any building in the commerci'ally zoru:!d. downtown area, as shown on the map attached hereto as ExhibJt A1 pro~ vided that any conversion that received a\ final recomniendation for. desitJn approval froa the architectural review board pursuc!lnt · to· Palo Alto M.unicipal Code Chapter. 16.48 on· or before September 17, 198.4 'sh~ll continue to be processedl provideq that the project complies with all other city ordinances and any con~ersion not requring design appro~~l p\,;rsuant to Chapter 16.48 that received a building permit for remodel- ing Defore September 17, 1984 shall be allowed to be completed. '· St:;CTIOtJ. 3 o ThE:! mora tor ie'! set forth in Sect ions l and 2 above shall be in e(fect for one year from the effective date of thi.s ordi nance, unless repealed sooner by the City Coun~i l. o SECTION 4. Durin'J these moratoria, application may be m.;1de for an exception to the moratoria for a project which will be of public bene fit. Such k)rojects may i11clude, but are not limited to, a grocery $tore serving the needs of the elderly and mob i 1 i. ty-impil ired downto~n residents, preservation of an historical building and a residential use or an otherwise allcwable use under the zoning code if such a use i,.; r.estricted to a total floor area ratio not to exceed fifty percent of the floor area ratio allowable under the zoning code. (a) Application tor an exception mfly be made by the owner of record of property for which the except ion is. sought, or by one of the following: · ( 1) .A purch~aer of property for which the exception is sought/ when.· acting pursuant to a contract in writing dt1ly executed and acknowledged by both the buyer and the owner of recorc. 1 '·.·.'/ ( 2) A lessee ~n possession of property for wrdch · an excep·tion is sought, when acting with the written consent of the owner of record; ( 3) An agent of the owo,er of ~ecor<:i of property . f"~r which an exception 'is sought, )fh~n -duly ~uthorized by the owner in writ,ineJ. (b) Application shall be made to the. planning c~ission-on a form. prescribed by t;.he planning departaent,. ar.d. shall contain the following:: ( 1} ·. A description and map sho~dng ·the location of the prop~~ty-for which the exception is sought, and indicating the location of all pa.rcela <>f real property within 9.1.4 meters (300. feet) from the exterior t>oundary of the property involved in the application; · 2 .. '.'·,·, l It I' ~ I I l (2) The nume and address of the appli cant, and the names and addresses pf all persons shown in the last equalized assessment roll as owning real property within 91.4 meters (300 feet) of the exterior boundary of the property which is the subject of the application; (3) Descriptions of existi~g and propos ed constr 1ction, on the property involved, together with a stateaent of the circumstances which justify the exce~tion; {4) Such additional infm.:·mation as the zoning administrdtor may deem pertinent and essen tial to lhe application. (5) The fee prescribed br the municipal fee schedule, no part of which shall be returnable to the applicant. (c) Upon receipt of an application for an exr:.::;pt ion f the se:..::retar:t of the planning commission shali set a date for a public hearing, which hear ing shall be held within forty-five days of the dete of the filing of the application. (d) N0tice of such h~aring shall be given by publ icat !en once in a local newspaper of genera 1 cit::.;ulation not less than twelve days prior to the date 9f hearing. Additionally, notice of such hear in.J shall be mailfld at least twelve days prior to tne date of the heariog to the applicant, and to owners of record of real prOi:"\erty within 91.4 •eters ( 300 feet) of .the exterior boundary oi th~ property involved 1 as such owners of record are shQ..rn in the last equalized assessment. roll and to otmer$ or occupants of the _property within 91.4 aeters (300 feet) as shown on .the City of .Palo Alto utility custo~~er file. Cqapliance witp. the .pro~ cedur~s set forth in this section shall constib,ite a good ff1litn effort to pr.ovide notice, and the failure ot. dlriy owner or oc;cupant to· r:eceive liOti~e shall not prevent tl\0 City from proceedinq with the. heat:ing or· from taking any action or affec\;. the validity of any. action. . (e) Th~ noti-ce of public hearing shall con tain the following; { 1) The exact address of the pro'perty, if k.nown 1 or th.e lcx::ation of the property, if the 3. ._, -· '•' :::<·~ ~ . -~ . . )''' exact address is ROt known, and the nature or pur p~se of the application; ( 2) The titae, place, and purpose of the hearing: ( 3) A brief description 11 the content of which shall be in the sole discretion of the City, of the exception sought; (4) Reference to the application on file for particulars~ and (5) A statement that any interested per- son, 01· "'"'rlt thereof, may appear and be hea1:d. Typographical and/m: publishiny errors shall not invalidate the notice nor any City action. (f) At the time and place set t·'?r hearing, the planning comiilission shall hear evidence for and against such appl ic:at i';)n. Each hear i.ng shall be open to the i?Ubl ic and may be continued:_, Within a reasonable time, but not more than t&n wucking days aft€r the conclusion of the hearing 1 the plRnning coramission sr~all ma.ke findings and shall render a decision on the application w".ich in its opinion is supported by the evidence contained in the applica tion or. l)resented at the hearing. Not ice of the decision sna.ll be .ailed to the applicant and to any other person requesting such notice. (g) The planning coftllllission may recommend to t.h.e city council that an exception be granted if, fr<>ta the. application and the facts presented at the public hearing, it finds: . (1) The project•s nenefits .to the public outweigh the ~tential increase in traffic and parking de1aand generated by the pr;oj~ct. ( 2) There are except1on.Ql O!:' ·. extraord i nary circwastances or 6onditions applicable to the project involved that do not apply generally to properties in the downtown moratqria area. ( n) In recotat.'end i ng such an· except ion,. .. the planning co.-ission ~y reco .. end such reasonable conditions or restrictions as it deems appropriate or necessary to protect the pub! ic health, . safety, general welfa1.:e or convenience, and to secure the purpnses of the moratoria. . .. . ' . ,•, ,';\. "'·.· • (i) Upon receipt of ~e recaa.endation of the planning co.aission the city council shall consider the ree~endation within thirty days. '11\e council aay, at its option, conduct a public hearing on the aatter. The council .ay reverse or aff ir• vholly or Fartly, any decision reca.aended by the planring ca.aission, and th~ ·decision of the council shall be final. If granted b¥ the council, the exception shall , be effective i.-ediately. Notice of the council's decision shall be .ailed to the applicant and to any other person ~o has filed a request for the decision with the city clerk. SECTrON 5. The Council hereby finds that none of the provisions of this ordinance will have a siqnificant environment2ll i111pact., SECTION 6. Sa sed on the reasons set forth ab(•·/~ 1 the Counc i 1 declares that -the moratorium adopted hereir., is necessary as an emer gency measure to prote~t the public a;>eace, health and safety and shall be e~fective imm~diately upon its ~doption. This ordinance was intro~h~cect and passed on September 18, 1984 in the adjourned meeting of September 1?, 1984 o'= the Counci 1 of the City of Palo Alto by a four-fifths vote of all Council members present at the meeting as follows: INTRODUCED AND PASSED: SepteMber 18, l98.ri AYES: Bechtel, Cobb, Fletcher~ Klein, Levy, Renzel, Sutorius, Wcolley NOES:.. Withers poor. ABSTSN'l'IONS: Non~ ABSE~: ~~e ~ y ~\ ~-......,.~._... __ _ AfP~~AS TO FORK: #.lot .. A. 01--· ' J~..:·~, ' 0~ s. ,-.. , .. , I . -' ' '' ~ ····.·~~ . ·:· \;