HomeMy WebLinkAbout2021-01-11 Ordinance 5513
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Ordinance No. 5513
Ordinance of the Council of the City of Palo Alto Amending Section 18.52.070
(Parking Regulations for CD Assessment District) of Chapter 18.52 (Parking and
Loading Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code
(PAMC) to Temporarily Extend Ineligibility of Certain Uses to Participate in the
University Avenue In-Lieu Parking Program
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. The City of Palo Alto (City) is a job center with among the highest housing prices and
greatest jobs to housing imbalances in the Bay Area, resulting in a housing shortage that
threatens the city’s prosperity, diversity, stability, environment, quality of life, and
community character.
B. A variety of policies result in incentives for office development over housing, including
the availability of the University Avenue In-Lieu Parking Program.
C. On April 1, 2019, the Palo Alto City Council adopted Ordinance 5460, which included a
temporary ban on participation in the University Avenue In-Lieu Parking Program for
certain uses, pending further study and recommendation from the Planning and
Transportation Commission (PTC).
D. Additional time is required for the City staff and the PTC to develop a recommendation
regarding permanent changes to the University Avenue Parking In -Lieu Program.
E. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency
due to the threat of Coronavirus Disease 2019 (COVID-19).
F. On March 16, 2020, the public health officers for the six Bay Area counties, including
Santa Clara County, took the unprecedented and dramatic step of issuing “shelter -in-
place” orders directing county residents to shelter at home for three weeks beginning
March 17 (the Shelter-in-Place Order). The Order limited activity, travel, and business
functions to only the most essential needs.
G. On May 11, 2020 the City Council introduced, and on October 5, 2020 adopted,
Ordinance 5506 to extend the temporary ban until February 1, 2021.
H. The prolonged nature of the COVID-19 pandemic has precluded the collection of data
and further study of parking strategies in the University Avenue downtown area.
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I. Pursuant to Palo Alto Municipal Code section 18.80.090, the public health, safety, and
welfare require that the temporary ban on participation in the University Avenue In-Lieu
Parking Program be further extended to maintain the status quo.
SECTION 2. Subdivision (d) of Section 18.52.070 (Parking and Loading) of Chapter 18.52
(Parking and Loading Requirements) of Title 18 (Zoning) is hereby amended to read as follows:
18.18.090 Parking and Loading
[. . .]
(d) In-lieu Parking Provisions
In connection with any expansion of the supply of public parking spaces within the CD
commercial downtown district, the city shall allocate a number of spaces for use as "in -
lieu parking" spaces to allow development to occur on sites which would otherwise be
precluded from development due to parking constraints imposed by this chapter. Off -
site parking on such sites may be provided by payment of an in-lieu monetary
contribution to the city to defray the cost of providing such parking. Contributions for
each required parking space shall equal the incremental cost of providing a net new
parking space in an assessment district project plus cost for the administration of the
program, all as determined pursuant to Chapter 16.57 of Title 16 of this code, by the
director, whose decision shall be final. Only sites satisfying one or more of the following
criteria, as determined by the director, shall be eligible to participate in the in -lieu
parking program:
(1) Construction of on-site parking would necessitate destruction or substantial
demolition of a designated historic structure;
(2) The site area is less than ten thousand square feet and it would not be
physically feasible to provide the required on-site parking;
(3) The site is greater than 10,000 square feet, but of such an unusual configuration
that it would not be physically feasible to provide the required on -site parking;
(4) The site is located in an area where city policy precludes curb cuts or otherwise
prevents use of the site for on-site parking; or
(5) The site has other physical constraints, such as a high groundwater table, which
preclude provision of on-site parking without extraordinary expense.
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Office uses above the ground floor shall not be eligible to participate in the in -lieu
parking program from the effective date of Ordinance No. 5460 through February 1,
2021 through August 1, 2022.
[. . .]
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance 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
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 4. The Council finds that the potential environmental impacts related to the Housing
Workplan Ordinance, including the amendments enacted herein were analyzed in the Final EIR
for the Comprehensive Plan Update, which was certified and adopted by the Council by
Resolution No. 9720 on November 13, 2017. Th is Ordinance is consistent with and implements
the program evaluated in the EIR.
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SECTION 5. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED: December 7, 2020
PASSED: January 11, 2021
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE
NOES: TANAKA
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services
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Subject: Please DocuSign: ORD 5513 Ordinance Amending Chapter 18 to Extending Univ Ave In Lieu Ban Secti...
Source Envelope:
Document Pages: 4 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Danielle Kang
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250 Hamilton Ave
Palo Alto , CA 94301
Danielle.Kang@cityofpaloalto.org
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1/15/2021 8:11:45 AM
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Albert Yang
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Assistant City Attorney
City of Palo Alto
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Jonathan Lait
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Interim Director Planning and Community
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City of Palo Alto
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Ed Shikada
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Ed Shikada, City Manager
City of Palo Alto
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Tom DuBois
tomforcouncil@gmail.com
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Beth Minor
beth.minor@cityofpaloalto.org
City Clerk
City of Palo Alto
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