HomeMy WebLinkAbout2009-10-05 Ordinance 5061Ordinance No. 5061
Uncodified Ordinance of the Council of the City of Palo Alto
Extending the Life of Specific Permits Which Are Currently
Active Pursuant to Title 18 (Zoning) of the Palo
Alto Municipal Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Recitals.
A. Title 18 (Zoning) of the Palo Alto Municipal Code (P AMC) establishes
pennit types, specific plan districts and general procedures including approval process, life of
pennit and extensions, and
B. P AMC Title 18 provides that pennits shall become null and void if not
exercised within one (1) year from the date of approval by the final review authority, with the
exception of Site and Design Review Pennits which shall become null and void if not exercised
within two (2) years of such approval; and
C. P AMC Title 18 allows the Director of Planning and Community
Environment to approve extensions of time up to one (1) year to exercise certain pennits if
requests for an extension of time are received and approved prior to the expiration of the original
pennit; and
D. The City of Palo Alto has approved numerous pennits of varying scale
pursuant to Title 18 of the Municipal Code. Such pennits have been reviewed and approved by
the Director of Planning and Community Environment or City Council. Current time1ines
established by Title 18 will result in the expiration of such pennits within the near future; and
E. The current economic climate caused many construction projects to be
deferred until adequate financing can be secured by applicants and property owners. The current
timeline established for pennits issued by the City of Palo Alto is an undue hardship on these
applicants and requires interim local government assistance; and
F. On July 22,2009, the Planning and Transportation Commission conducted a
public hearing to consider this ordinance and on July 29, 2009, the Commission recommended
approval to the City Council.
SECTION 2. Pennit Extensions -Uncodified Ordinance.
(a) All pennits, approved pursuant to the provisions of the City of Palo Alto
Municipal Code, Title 18, that are valid as of July 1, 2009 through June 30, 2010, are granted an
additional one (1) year Automatic Extension in which to exercise the pennit, subject to the
following limitations:
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(1) Automatic Extensions may only be applied after all other existing extensions
available in the zoning code have been exhausted and the project would otherwise expire;
(2) Project approvals that involve historic structures (including those identified as
potentially eligible for California Register designation) may only be extended with approval of
the Director pursuant to item (b) below; and
(b) In addition to the provisions in (a) above and all other extensions oftime that
are allowed (Allowed Extensions) pursuant to Title 18 of the Palo Alto Municipal Code, any
permit approved by the Director of Planning and Community Environment or City Council that
is valid as ofthe adoption of the this ordinance through June 30, 2010, may be granted up to an
additional one (1) year (Additional Extension) by the Director of Planning and Community
Environment if approved before the pending expiration date of the permit, subject to the
following limitations or allowances:
(1) The Director must find that the project would not adversely affect public
health or safety and would not substantially conflict with any applicable Zoning Code or
Comprehensive Plan changes that have been adopted by the City Council since the original
application was deemed complete, and may otherwise adjust project conditions to address minor
changes. The Director shall deny an extension request if either of these fmdings are not made.
(2) The Director may grant two one (1) year extensions for project approvals that
involve historic structures (including those identified as potentially eligible for California
Register designation) and did not receive an Automatic Extension; and
(3) Site and Design Review approvals and Planned Community zoning approvals
may only be extended after Automatic Extension(s) with City Council approval pursuant to item
(c) below.
(c) Site and Design Review approvals and Planned Community zoning approvals
may be extended for one (1) additional year with City Council approval after review and
recommendation by the Planning and Transportation Commission. In order to grant such an
extension, the City Council must find that the project would not adversely affect public health or
safety and would not substantially conflict with any applicable Zoning Code or Comprehensive
Plan changes that have been adopted by the City Council since the original application was
deemed complete, and may otherwise adjust project conditions to address minor changes. The
City Council shall deny an extension request if either of these findings are not made.
(d) All Additional Extensions shall be subject to compliance with the City's
Green Building Requirements set forth in P AMC Chapter 18.44 as further defined in Green
Building requirements adopted by Council Resolution.
(e) Fees for all extensions shall be collected to recover staff costs of
processing such extensions.
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(f) This ordinance shall be reviewed by the Planning and Transportation
Commission and City Council not later than March of 2011 and annually thereafter to determine
whether it should remain in effect, be repealed or further extended.
(g Nothing in this ordinance shall affect other performance or time
requirements imposed or associated with the subject permit (Conditions of Approval).
SECTION 3. Constitutionality; Severability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause and phrase thereof irrespective of the fact that anyone or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. This ordinance shall be effective upon the thirty-first (31st) day after
its adoption.
INTRODUCED: SEPTEMBER 21, 2009
PASSED: OCTOBER 5, 2009
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN, MORTON,
SCHMID, YEH
NOES:
ABSTENTIONS:
NOT PARTICIPATING:
ABSENT:
APPROVED AS TO FORM:
~~ ~~
Assistant City Attorney
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APPROVED:
p~t~
Mayor
Director of Planning and
Community Environment