HomeMy WebLinkAboutORD 3705. ;
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ORDINANCE NO. 3705
ORIGINAL
ORDINANCE OF THE COUNCIL o~-=TH~E~·-c~t=Ty OF PALO ALTO
IMPOSING A MORATORIUM ON THE ISSUING OF LAND USE
APPROVALS OR BUILDING PERMITS FOR USES NOT IN CON-. I .
FO.RMANCE WITH THE FLOOR AREA RATIO POLl CY OF THE
GOLDEN TRIANGLE TASK FORCE AND DECLARING AN
EMERGENCY
WHEREAS, the rapid growth of employment in the Golden Tri
angle area of Santa Clara County has exceeded the construction of
necessary transportation capacity and housing supply, and traffic
congestion has become a critical problem; and
WHEREAS, c i tie.s within the Golden Triangle and con ti guo us
ar.eas of Santa Clara County have created a Golden Triangle Task
Force to address the imbalance between the capacity of transporta
tion infrastructures, employment densiti~s, and the housing
supply, and have developed a Golden Triangle Strategic Plan -
P.ha se I: and
WHEREAS, a crucial part of the Strategic Plan includes an
interim floor area rat.io policy to be imposed in industrial and
commercial zones by the participating communi ties in order to
limit the density of new development in the short-term; and
WHEREAS 1 the floor area pol icy is in tended to be i:,l place
unti 1 a study is conducted and a comprehen:Ji ve set of land use and
transportation policies can be developed 1 and
WHEREAS, on July 28 1 1986, the City Council decided to adopt
the Phase I objectives and participate in Phase II of the Golden
Triangle Task Force and to adopt the interim floor area policy to
be in effect by September 1, 1986.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION l. Definitions.
apply:
The following definitioris shall
(a) "Floor area ratio (FAR)" means the ratio of
the total . existing and propos~d gt"Q$1:1 building floor
area within a development project: to· the total net land
area of the project.
(b) "Project" means one or more parcels, ·shown on
the latest County Assessor-t s parc~l map, which are con
tiguous or separated only by public streets and which
are under commc:m ownership at the time of approval for
n~w devalupm~~t.
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(c) •warehouse facilities" means a building with
at least ninety percent ( 90%) of its gross floor ar;ea
·devoted to storage and legally restricted from convert
ing to other uses.
SECTION ·2. _ .A. moratorium is imposed on the granting by the
City of any land use approvals or building permits for any new
de.velopment project which exceeds a floor area ratio (FAR) of .35
on a project average. This moratorium shall apply to all indus
trial and commercial uses within industrial and commercial zones.
SECTION 3. Section 2 above notwithstanding, a land use
approval and/or building permit may be granted for the following
uses in any commercial or industrial zone where such use is a
permitted or conditional use:
(a) Branch bank
{b) Hospital
( c ) Hotel
(d) Restaurant facilities
(e) Retail
( f) Warehouse facilities up to a FAR of .so.
SECTION 4. Section 2 above notwithstanding, this ordinance
shall not apply:
(a) Within the Commercial Downtown (CD) zone; the
boundaries of which are shown on the ~ap attached hereto
as Exnibit A. .
(b) Within the California Avenue Parking Asse.ss
ment District, the boundaries of which are shown on the
map altached hereto as Exhibit B.
(c) Within any commercial or industrial zone where
current ordinances controlling densities are more re
strictive than .35 FAR.
(d) To the Geng Rqad parcel at the northeast cor
ner of Geng Road; and Embarcadero Road which the voters
authori~•d at th~ November 1985 election to be cortveyed
for private development as an exchange for the Winter
Lodge skating facility. The boundaries of the Geng Road
parcel ere shown on the map attached he~eto as Exhibit c. . .
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SECTION 5 •. Projects having a FAR in excess of .. 35, which
have been granted all discretionary approvals prior to the effec
tive date of this ot'dinance, shall· be granted building per.mits in
conformance with the origlnal approval. The time li'inits of .a
discretfonary approval may be extended by the director of planning·
and community environment in accordance with section 16.48.130 of
the Palo· Alto Municipal Code, provided however, that no building
permits shall be granted which would result in a higher FAR than
originally approved.
SECTION ~. This moratorium shall be in effect until June 30,
1987, unless -sooner terminated by the Council.
SECTION 7~ Any existing provisions of Chapters 16.04, 16.48
and Titles 18 and 21 of the Palo ~lto Municipal Code which are in
con fl ic t or incons.i s tent with anything contained hf!re in are hereby
superceded.
SECTION 8" The Council finds that none of the provisions of
this ordinance will have a significant environmental impact.
SECTION 9. Based on the reasons set forth above, the Council
declares that the enactment of the moratorium imposed herein is
necessary as an emergency measure to protect the public peace,
hea.lth and safety and shall be effective immediately upon adop
tion.
This ordinance was introduced at a regular metlting of the
Council of the City of Palo Alto on August 25, 1986, and was
passed bn a four-fifths vote of all Council members present at the
meeting as follows:
INTRODUCED AND PASSED: September 2, 1986
AYES: Bechtel, Cobb, Fletcher, KlBin, Levy, Patitucci, Renzel,
Sutorius, Woolley
NOES: None
ABSTENTIONS: None·
ABSENT.: None
Mayor · · · · · •
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SECTION 5. Projects having a FAR in excess of .35, which
have been granted all discretionary approvals prior to the effec
tive date of this ordinance, shall be granted building permits ·in
conformance with the original approval. The time limits o~ a
discretionary approval may be extended by the director of plann\ing
and community environment,in accordance with section 16~48.13C of
the Palo Alto Municipal Code, provided however, .that no building
permits shall be granted which would result in a higher FAR than
originally approved.
SECTION 6. This moratorium shall be in effect until June 30,
1987, unless sooner terminated by the Council.
SECTION 7. Any existing provisions of Chapters 16. 04, 16. 48
and Titles 18 and 21 of the Palo Alto Municipal Code which are in
conflict or inconsistent with anything contained herein are hereby
superceded.
SECTION B. The Council finds that none of the provisions of
this ~rdinance will have a significant environmental impact.
SECTION 9. Based on the reasons set forth above, the Council
declares that the enactment of the moratorium imposed herein is
necessary as an emergency measure to protect the public peace,
health and safety and shall be effective immediately upon adop
tion.
This ordinance was introduced at a regular meeting of the
Council of the City of Palo Alto on August 25, 1986, and was
passed on a f.our-fi fths vote of all Council members present at the
meeting as follows:
INTRODUCED AND PASSED: September 2, 1986
AYES: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Renzel,
$utorius, Woolley
NOES: None
ABSTENTIONS: None
ABSENT: None
Mayor · ·
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