HomeMy WebLinkAbout1996-09-24 Ordinance 4373• •
ORDINANCE NO. 4373
ORDINANCE OF THE! COUNCIL OF THE CITY OF PALO ALTO
AMENDING ORDINANCE NO. 4369 TO ESTABLISH
EXCEPTIONS TO A MORATORIUM ON CERTAIN DEVELOPMENT
AND DEMOLITION OF OLDER RESIDENCES, AND DECLARING
THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY
The City Council of the City of Palo Alto does ordain as
follows:
~ION 1. Findings. The Council finds and declares:
A& At the regular City Council meeting of September 16,
1996. the Council enacted Ordinance No. 4369 as an urgency measure
to preserve the public health and safety by temporarily prohibiting
the demolition of residential structures originally constructed
before 1940.
D. The Council received extensive public comments during
its consideration of Ordinance No. 4369. ~1any comments indicated
that the temporary demolition moratorium could cause unreasonable
economic and personal hardship for property owners who, although
they had not yet acquired a legally vested right to proceed, had
nonetheless made substantial investments in the preparation of
demolition and reconstruction plans, equipment, and materials, all
in good faith reliance upon the City zoning and building laws and
regulations that existed before September 17, 1996.
C. The Council established November 15, 1996 as the
expiration date for Ordinance No¥ 4369 based upon its intention to
act on or before October 15, 1996 to establish interim regulations
governing the demolition of pre-1940 residential structures. This
expiration date will not permit the Council to make such interim
regulations effective before expiration of the temporary demolition
moratorium without taking urgency action. In order to avoid being
required to take urgency action on the interim regulations, the
Council finds it necessary to extend the expiration date to
November 30, 1996, or the effective date of the interim
regulations, whichever is earlier.
D. It is necessary for the preservation of the public
health and safety to enact as an urgency measure an ordinance which
creates specified exceptions to, and extends the ter:mination date
of, the temporary demolition moratorium so that unreasonable
economic hardships resulting from even a short-term delay can be
avoided or minimized; and so that the Council is not necessarily
required to take urgency action on any subsequent interim
regulations.
1
960919 ape: oos 1606
• •
SBC'IQM 2.. Section 4 of Ordinance No. 4369 is hereby
amended to read as follows:
•sBCTlON 4. SXc~p~ion for Specified Develgpment Projects
agd Buildings. The prav1s1ons of this ordinance shall not apply to
the following development projects:
1~ Any development project for which a building permit
or demolition permit has been issued on or before September 17,
1996;
2. Any development project for which a complete
application for plan check review has been received and filed on or
before September 17, 1996;
3. Any of the following development projects as they are
currently described and filed with the City, each of which have
received a lawfully-issued variance, use permitr tentative map or
Architectural Review Boaru a.pproval on or before September 17,
1996:
A. 218 Co·Hper Street
B. 960 Forest Avenue
4. &~y development project on file with the City which
received a lawfully-issued variance, use permit, tentative map or
Architectural Review Board approval on or before September 17, 1996
and which subseqJentJ..y receives timely approval for one or more
necessary entitlernent.s from the City Council before expiration of
the previously-issued variance" use permit, tentative map or
Architectural Review Board approval.
5. Any building determined to be a dangerous building by
the Chief Building Official, pursuant to Chapter 16~40 of the Palo
~to MUnicipal Code, or pursuant to any stmsequently enacted state
or local legislation that replaces Chapter 16.40.n
SECTION 3. Section 6 of Ordinance No. 4369 is hereby
amended to read as follows:
·sECIION 6.. Effective Date. This ordinance shall be
effective ~diately upon adoption and shall cease to have force
and effect on November 30, 1996, or t.he effective date of an
ordinance readopting or repealing the provisions hereof, whichever
date earlier occurs~"
SECTION 4.. This ordinance shall be effective immediately
upon adoption ..
SBCIION 5. Th~ Council finds that this project is exempt
from the provisions of the Environmental Quality Act ("CEQA")
because it can be seen with certainty that there is no possibility
that this project will have a significant effect on the
environment, and because this ordinance falls within the emergency
2
• •
project exception to CEQA set forth in Section 15268 of the CBQA
Guidelines.
This ordinance was introduced at a regular meeting of the
Council of the City of Palo Alto which commenced on Tuesday,
September 24, 1996, and was passed by a four~fifths vote of all
Council members present at the meeting as follows:
INTRODUCED A..-ID PASSED: September 24 ~ 1996
AYES: ANDERSEN, FAZZHfO, HUBER, KNISS:r MCCOWN, ROSEt-."BAUM~ SCHNEIDER, WHEELER
NOES:
ABSTENTIONS:
ABSENT: SIMITI~~
nns DOCUMEMT fS cnnFIED TO If AN
~OINANCE DULV PASSED 6V THE C0UHCa. '
OF THE CffY OF PAi.O ALTO AND
liiEREArfCR~~ CHAMBEP\S ON (wmtiN 11
DAYSOFITSPA l
"lcenffy(orti~e)Uftder~
ot peri~fY t!\at Ute tOteQOing es true
~fJi;tutti1 ~~......,
960919 ape 00.51606
APPROVED:
-~:"1{, I) /1. ' '? _ __/_; /J _.(,·~~ .i~~
f-"4y /
\ I ~'/ •
3