HomeMy WebLinkAbout2015-11-16 Ordinance 5359DocuSign Envelope ID: 8331D6F6-5F9B-4EED-BC47-A21 E648ECAE2
Ordinance No. 5359
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.79 of Title
18 {Zoning) of the Palo Alto Municipal Code Regarding Development Project
Preliminary Review Procedures
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 18.79 {Development Project Preliminary Review Procedures) of
Title 18 {Zoning) of the Palo Alto Municipal Code is amended to read as follows:
Chapter 18.79
DEVELOPMENT PROJECT PRELIMINARY REVIEW PROCEDURES
Sections:
18.79.010 Purposes.
18.79.020 Supplemental procedures.
18.79.030 Applicability and initiation.
18.79.040 Reserved.
18.79.050 Preliminary review public study session procedure.
18.79.060 Voluntary compliance.
18.79.010 Purposes.
This chapter establishes procedures for preliminary screening of development projects
{"prescreening"). This chapter is intended to achieve, and shall be implemented to accomplish,
the following purposes:
{a) To maximize opportunities for meaningful public discussion of development projects, at the
earliest feasible time, for the guidance of the public, project proponents and city decision
makers. Prescreening is intended to focus on purpose, scope, conceptual design and other
similar matters and is not intended to involve review of complete drawings and
documentation.
{b) To focus public and environmental review of development projects on the issues of
greatest significance to the community, including, but not limited to, planning concerns,
neighborhood compatibility, Comprehensive Plan consistency, economics, social costs and
benefits, fiscal costs and benefits, technological factors, and legal issues. These procedures
are not intended to permit or foreclose debate on the merits of approval or disapproval of
any given development project.
{c) To provide members of the public with the opportunity to obtain early information about
development projects in which they may have an interest.
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(d) To provide project proponents with the opportunity to obtain early, non-binding
preliminary comments on development projects to encourage sound and efficient private
decisions about how to proceed.
(e) To encourage early communication between elected and appointed public officials and
staff with respect to the implementation of city policies, standards, and regulations on
particular development projects.
(f) To facilitate orderly and consistent implementation of the City's Comprehensive Plan and
development regulations.
18.79.020 Supplemental procedures.
These procedures are supplemental to any other authority under state or local law which
permits preliminary sc reening of development projects, including, but not limited to, the
California Environmental Quality Act, Public Resources Code Section 21000, et seq., and the
State Planning and Zoning Law, Government Code Section 65000, et seq.
18.79.030 Applicability and initiation.
(a) Preliminary screening is required for development projects that include any of the following
applications:
(1) Planned Community (PC);
(2) Development Agreement
(3) Comprehensive Plan Amendment and Specific Plans, including Specific Plan
Amendments
(4) District Map Amendment
(5) Zoning Text Amendment, except as provided for in section (c) below.
(b) Preliminary screening is initiated by filing an application and payment of applicable fees.
Preliminary screening applications shall be scheduled for a study session before the City
Council. Notice of the study session and the opportunity for public participation shall be
provided in the same manner as may be required by law for action on the underlying
development project application. The City Council shall conduct the study session.
(c) Preliminary screening is not required for zoning text amendments under the following
circumstances:
(1) The project does not include a request for an application in section (a) (1)
through (a)(4) above, and
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(2) The Director of Planning and Community Environment determines the requested
amendment would not have significant policy implications. Such zoning amendments include,
but are not limited to, projects requiring a hotel or automobile combining district.
(d) Preliminary screening may be initiated for any application not included in section (a) (1}
through (a}(4) above that results in . a major alteration or expansion of an existing use, which
implicates major land use or other policy or planning concerns, subject to the following
requirements:
(1} Development project preliminary review may be initiated by motion of the City
Council, with the concurrence of the project proponent, or upon request of the city manager
and project proponent with the concurrence of the City Council, at any time after the City has
received a development project application and before the development project is noticed for
public hearing on the merits of the application, if any is required.
(2} Development project preliminary review may also be initiated prior to the filing
of an application, upon the request of the project proponent with the concurrence of the City
Council. The project proponent shall pay a preliminary review fee as set forth in the municipal
fee schedule. If the project proponent wishes to proceed with the project after preliminary
review, he or she must then file an application and pay a regular application fee.
(3} The City Council will conduct the pre-screening as a noticed public study session .
(4} Notice of the study session and the opportunity for public participation shall be
provided in the same manner as may be required by law for action on the underlying
development project application .
(e) The City may from time to time establish application forms, submittal requirements,
fees, and such other requirements, guidelines and informal regulations as will aid in the
efficient implementation of this section.
(f) No formal action may be taken during preliminary review.
(g) Development project preliminary review under this Chapter 18.79 shall not preclude a
project proponent from applying for preliminary review before the Architectural Review Board
as provided in section 18.76.020(c). Project proponents shall pay the applicable fee for each
type of review sought.
18.79.040 Reserved.
18.79.050 Preliminary review public study session procedure.
(a) Preliminary review study sessions may be conducted in any manner deemed appropriate by
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the City Council.
(b) City staff will prepare a summary outline of the proposed project which highlights any
information relevant to the purposes identified in Section 18.79.010, including but not
limited to any initial study prepared for the project. In addition, the project proponent or
any interested person may provide oral or written comments consistent with the purposes
of these procedures during a preliminary review study session. Subsequent city staff reports
on development projects which have been subject to preliminary review should summarize
any comments made during the process.
(c) Preliminary review study sessions shall not be for the purpose of taking evidence with
respect to a development project. Neither the City Council, nor any City board, commission,
committee, or staff person may rely upon information obtained or comments made during
the preliminary review process for any final decision, unless such information or comments
are reintroduced during a subsequent noticed public hearing on the merits of the
development project.
18.79.060 Voluntary compliance.
(a) Compliance with any development project revisions, alterations, or conditions suggested
during the preliminary review process shall be voluntary. Failure to comply with any such
revisions, alterations, or conditions shall not affect consideration of the project by the City.
(b) Nothing in these procedures is intended, nor shall any provision be construed, to constitute,
permit or result in any binding determination of the rights, interests, or entitlements of the
City, project proponent, or any interested person with respect to a development project
upon which preliminary review is conducted.
(c) Development project preliminary review shall be without prejudice to the ability of the City,
project proponent, or any interested person to proceed with a development project in any
manner, notwithstanding any suggested revisions, alterations, or conditions.
(d) When preliminary review has been initiated, a project proponent shall have the right to
withdraw a development project application at any time before commencement of a public
hearing on the first discretionary permit, license, or entitlement for the project. Such
withdrawal shall be without prejudice to the project proponents ability to reapply for the
same or a substantially similar development project at a future date, subject to the
regulations, standards, and policies in effect upon reapplication. Upon such withdrawal, the
City shall refund any application processing deposits to the project proponent wh ich have
not yet been expended.
SECTION 2. Any provision of the Palo Alto Municipal Code inconsistent with the
provisions of this chapter, to the extent of such inconsistencies and no further, is hereby
repealed or modified to that extent necessary to effect the provisions of this chapter.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this chapter is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
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jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
The City Council hereby declares that it would have adopted this chapter and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the chapter would be subsequently declared invalid or
u nconstitutiona I.
SECTION 4. The Council finds that the adoption of this chapter is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guideline section
15061 because it can be seen with certainty that there is no possibility that the project will have
a significant effect on the environment in that the proposals make procedural modifications to
an already existing zoning district.
SECTION 5. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED: October 26, 2015
PASSED: November 16, 2015
AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
:_~ ~~~ p
City Clerk Mayor
APPROVED AS TO FORM : APPROVED:
QDocuSigned by:
lf·~!f-~
39E7298FB2064DB ...
Senior Assistant City Attorney City Manager
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NOT YET APPROVED
Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.79 of Title
18 (Zoning) of the Palo Alto Municipal Code Regarding Development Project
Preliminary Review Procedures
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 18.79 (Development Project Preliminary Review Procedures) of
Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:
Chapter 18.79
DEVELOPMENT PROJECT PRELIMINARY REVIEW PROCEDURES
Sections:
18.79.010 Purposes.
18.79.020 Supplemental procedures.
18.79.030 Applicability and initiation.
18.79.040 ReservedPreliFTlinary review.
18.79.050 Preliminary review public study session procedure.
18.79.060 Voluntary compliance.
18.79.010 Purposes.
This chapter establishes procedures for preliminary screening of development projects
("prescreening"). This chapter is intended to achieve, and shall be implemented to accomplish,
the following purposes:
(a) To maximize opportunities for meaningful public discussion of development projects, at the
earliest feasible time, for the guidance of the public, project proponents and city decision
makers. Prescreening is intended to focus on purpose, scope, conceptual design and other
similar matters and is not intended to involve review of complete drawings and
documentation.
(b) To focus public and environmental review of development projects on the issues of
greatest significance to the community, including, but not limited to, planning concerns,
neighborhood compatibility, Comprehensive Plan consistency, economics, social costs and
benefits, fiscal costs and benefits, technological factors, and legal issues . These procedures
are not intended to permit or foreclose debate on the merits of approval or disapproval of
any given development project.
(c) To provide members of the public with the opportunity to obtain early information about
development projects in which they may have an interest.
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NOT YET APPROVED
(d) To provide project proponents with the opportunity to obtain early, non-binding
preliminary comments on development projects to encourage sound and efficient private
decisions about how to proceed.
(e) To encourage early communication between elected and appointed public officials and
staff with respect to the implementation of city policies, standards, and regulations on
particular development projects.
I (f) To facilitate orderly and consistent implementation of the ef.t.y+City's Comprehensive Plan
and development regulations.
18.79.020 Supplemental procedures.
These procedures are supplemental to any other authority under state or local law which
pe rmits preliminary screening of development projects, including, but not limited to, the
California Environmental Quality Act, Public Resources Code Section 21000, et seq ., and the
State Planning and Zoning Law, Government Code Section 65000, et seq.
18.79.030 Applicability and initiation.
(a) These ~reeesl:lres FAay ee a~~lie8 te the fellmving ty~es ef devele~FAent ~rejeets:
Preliminary screening is required for development projects that include any of the following
applications:
(1) Planned Community (PC};
(2) Development Agreement
(3) ComprehensiveGeneral Plan Amendment and Specific Plans, including Specific Plan
Amendments
(4) District Map Amendment
(5) Zoning Text Amendment, except as provided for in section (c) below.
(1) Sl:lestantial zening regl:llatien er 8istriet FAa~ ehange ~re~esals;
(2) CeFA~rehensive ~ian aFAen8FAents, indl:lsing s~eeifie ~lans;
(:~) Any ether 8evele~FAent ~rejeet, er ~erFAit er entitlement a~~lieatien, indl:lsing a
FAajer alteratien er elE~ansien ef el<isting l:lse, whieh iFA~Iieates FAajer lane l:lse er ether
~eliey er f)lanning eeneerns.
(b) Oevele~FAent ~rejeet ~reliFAinary reYiew FAa'( ee initiates ey FAetien ef the eity eel:Jneil,
with the eenel:lrrenee ef the ~rejeet ~re~enent, er l:l~en reEtl:lest ef the eity FAanager an8
~rejeet ~re~enent with the eenel:lrrenee ef the eity eel:lneil, at any tiFAe after the eity has
reeeive8 a 8evele~FAent ~rejeet a~~lieatien an8 eefere the 8evele~FAent ~rejeet is netiee8 fer
~l:lelie hearing en the FAerits ef the a~~lieatien, if any is reEtl:lired. Preliminary screening is
initiated by filing an application and payment of applicable fees. Preliminary screening
applications shall be scheduled for a study session before the City Council. Notice of the study
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NOT YET APPROVED
session and the opportunity for public participation shall be provided in the same manner as
may be required by law for action on the underlying development project application. The
City Council sha ll conduct the study session.
(c) DeveiOJ3R-"tent 13roject J3relil'flinary review R-"tay also ee initiates 13rior to the filing of an
aJ313Iication, ~13on the re(l~est of the J3roject J3FOJ3onent with the conc~rrence of the city co~ncil.
The J3Foject J3FOJ3onent shall 13ay a J3relil'flinaPt review fee as set forth in the R-"t~niciJ3al fee
scheEI~Ie. If the J3Foject J3FOJ3onent wishes to 13roceeEI with the 13roject after J3relil'flinary review,
he or she R-"t~st then file an a1313lication ana 13ay a reg~lar a1313lication fee. Preliminary screening
is not required for zoning text amendments under the following circumstances:
(1) The project does not include a request for an application in section (a) (1)
through (a)(4) above, and
(2) The Director of Planning and Community Environment determines the requested
amendment would not have significant policy implications. Such zoning amendments include,
but are not limited to, projects requiring a hotel or automobile combining district.
(d) Preliminary screening may be initiated for any application not included in section (a) (1)
through (a)(4) above that resu lts in The city R-"tay frol'f't til'f'te to til'f'te estaelish a1313lication forl'f'ts,
s~el'f'tittal re(l~irel'f'tents, fees, ana s~ch other reEJ~ireR-"tents, g~iEielines ana inforR-"tal reg~lations
as will aiEl in the efficient il'flJ3Iel'flentation of these J3FoceEI~res . Any other EleveiOJ3R-"tent J3FOject,
or J3erl'flit or entitlel'flent aJ313Iication, inci~Eiing a major alteration or expansion of an existing
use, which implicates major land use or other policy or planning concerns, subject to the
following requirements:
(1) Development project preliminary review may be initiated by motion of the City
Council, with the concurrence of the project proponent, or upon request of the city manager
and project proponent with the concurrence of the City Council, at any time after the City has
received a development project application and before the development project is noticed for
public hearing on the merits of the application, if any is required.
(2) Development project preliminary review may also be initiated prior to the filing
of an application, upon the request of the project proponent with the concurrence of the City
Council. The project proponent shall pay a preliminary review fee as set forth in the municipal
fee schedule. If the project proponent wishes to proceed with the project after preliminary
review, he or she must then file an application and pay a regular application fee.
(3) The City Council will conduct the pre-screening as a noticed public study session.
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NOT YET APPROVED
(4) Notice of the study session and the opportunity for public participation shall be
provided in the same manner as may be required by law for action on the underlying
development project application.
{4} (e) The City may from time to time establish application forms, submittal requirements,
fees, and such other requirements, guidelines and informal regulations as will aid in the
efficient implementation of this section these @receEI~:~res.
(f) No formal action may be taken during preliminary review.
(g) Development project preliminary review under this Chapter 18.79 shall not preclude a
project proponent from applying for preliminary review before the Architectural Review Board
as provided in section 18.76.020(c). Project proponents shall pay the applicable fee for each
type of review sought.
18.79.040 ReservedPreliR:tiRaF'f review.
Upon initiation as previEieEI in Section 18.79.0~0, one or mere neticeEI p~:~elic st~:~Eiy sessions will
ee heiEI te solicit comments which will aiEl in accomplishing the p~:~rposes ef these preceEI~:~res.
The neticeEI p~:~elic st~:~Eiy session will ee cenEI~:~cteEI solely ey the planning commission; er ey the
planning commission initially anEI then ey the city ce~:~ncil; er solely ey the city ce~:~ncil; eras a
joint meeting of the city ce~:~ncil anEI planning commission, eras a joint meeting ef the city
co~:~ncil anEI any ether city eoarEis, commissions or committees whose participation is EleerneEI
Elesiraele ey the city C9l:lncil. Unless ElirecteEI otherwise By the city COl:lncil, the planning
commission shall conEI~:~ct a st~:~Eiy session en all preliminary review matters anEI ferwarEI its
comments te the city ce~:~ncil. Min~:~tes ef planning commission st~:~Eiy sessions conEI~:~cteEI
p~:~rs~:~ant te this section shall ee proEI~:~ceEI in the same rnanner as min~:~tes ef reg~:~lar meetings.
Notice ef the st~:~Eiy session anEI the eppert~:~nity fer p~:~elic participation shall ee previEieEI in the
same manner as may ee req~:~ireEI ey law fer action en the ~:~nEierlying Elevelepment project
application.
Ne formal action may ee taken El~:~ring preliminary review.
18.79.050 Preliminary review public study session procedure.
(a) Preliminary review study sessions may be conducted in any manner deemed appropriate by
the ~sity ~sou neil.
(b) City staff will prepare a summary outline of the proposed project which highlights any
information relevant to the purposes identified in Section 18. 79.010, including but not
limited to any initial study prepared for the project. In addition, the project proponent or
any interested person may provide oral or written comments consistent with the purposes
of these procedures during a preliminary review study session. Subsequent city staff reports
on development projects which have been subject to preliminary review should summarize
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NOT YET APPROVED
any comments made during the process.
(c) Preliminary review study sessions shall not be for the purpose of taking evidence with
respect to a development project. Neither the ffi.v-City co~::~nciiCouncil, nor any ~eity board,
commission, committee, or staff person may rely upon information obtained or comments
made during the preliminary review process for any final decision, unless such information
or comments are reintroduced during a subsequent noticed public hearing on the merits of
the development project.
18.79.060 Voluntary compliance.
(a) Compliance with any development project revisions, alterations, or conditions suggested
during the preliminary review process shall be voluntary. Failure to comply with any such
revisions, alterations, or conditions shall not affect consideration of the project by the
ffi.yCity.
(b) Nothing in these procedures is intended, nor shall any provision be construed, to constitute,
permit or result in any binding determination of the rights, interests, or en t itlements of the
ffi.yCity, project proponent, or any interested person with respect to a development project
upon which preliminary review is conducted.
(c) Development project preliminary review shall be without prejudice to the ability of the
ffi.yCity, project proponent, or any interested person to proceed with a development
project in any manner, notwithstanding any suggested revisions, alterations, or conditions.
(d) When preliminary review has been initiated, a project proponent shall have the right to
withdraw a development project application at any time before commencement of a public
hearing on the first discretionary permit, license, or entitlement for the project. Such
withdrawal shall be without prejudice to the project proponents ability to reapply for the
same or a substantially similar development project at a future date, subject to the
regulations, standards, and policies in effect upon reapplication. Upon such withdrawal, the
ffi.v-City shall refund any application processing deposits to the project proponent which
have not yet been expended.
SECTION 2. Any provision of the Palo Alto Municipal Code inconsistent with the
provisions of this chapter, to the extent of such inconsistencies and no further, is hereby
repealed or modified to that extent necessary to effect the provisions of this chapter.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this chapter is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
The City Council hereby declares that it would have adopted this chapter and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the chapter would be subsequently declared invalid or
unconstitutional.
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NOT YET APPROVED
SECTION 4. The Council finds that the adoption of this chapter is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guideline section
15061 because it can be seen with certainty that there is no possibility that the project will have
a significant effect on the environment in that the proposals make procedural modifications to
an already existing zoning district.
SECTION 5. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATIEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Assistant City Attorney City Manager
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Docu~.
" .SEI;UR l D
Certiticate Of Completion
Envelope ld: 8331D6F65F9B4EEDBC4 7 A21 E648ECAE2 Status: Completed
Subject: Please DocuSign these documents: ORO 5359 Amending 18.79 reDevelopment Project Preliminary Revie ...
Source Envelope:
Document Pages: 11
Certificate Pages: 5
AutoNav: Enabled
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Signatures: 2
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
12/8/2015 1:01 :34 PM
Signer Events
Cara Silver
cara.silver@cityofpaloalto.org
Senior Assistant City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/15/2015 5:07:16 PM
10: 1191 Oed1-61 d1-4ff3-9cf9-f4eb5a0768e2
James Keene
james.keene@cityofpaloalto.org
City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/14/2015 5:40:07 PM
10: 44fe333a-6a81-4cb 7 -b 7d4-9254 73ac82e3
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Janet Billups
Janet.Billups@CityofPaloAito.org
Claims Investigators
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/16/2015 9:40:23 AM
I D: dfe 1 0 18f-934 f-4300-bbf3-38237 4c81668
Holder: Kim Lunt
kimberly.lunt@cityofpaloalto.org
Signature
Using IP Address: 73.170.33.28
0 oocuSignlld by: L£.::2:t!
Using IP Address: 24.7.29.7
Signature
Status
Status
Status
VIEWED
Using IP Address:
Envelope Originator:
Kim Lunt
250 Hamilton Ave
Palo Alto , CA 94301
kimberly.lunt@cityofpaloalto.org
IP Address: 199.33.32 .254
Location: DocuSign
Timestamp
Sent: 12/8/2015 1:11:16 PM
Viewed: 12/15/2015 8:27:40 AM
Signed: 12/15/2015 8:29:23 AM
Sent: 12/15/2015 8:29:24 AM
Viewed: 12/28/2015 8:44:06 AM
Signed: 12/28/2015 8:44:18 AM
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 12/8/2015 1 :11:17 PM
Completed: 12/28/2015 8:44:18 AM