HomeMy WebLinkAbout2012-10-15 Ordinance 5167Ordinance No. 5167
Interim Ordinance of the Council ofthe City of Palo Alto Adopting a
Temporary Moratorium on the Use ofthe IIExempt Floor Area" Parking
Exemption as Contained in Section 18.52.060 (c) [Parking Assessment
Districts and Areas -General] of the Palo Alto Municipal Code for New
. Development in Assessment Districts
RECITALS
A. The City of Palo Alto downtown area has seen an increase in
development and has experienced increases in parking demand, as documented in downtown
monitoring reports produced in the past 5 years; and
B. The lackof available daytime downtown parking for employees has
resulted in complaints from both merchants and other businesses about the lack of parking for
their employees; and
C. The lack of available daytime downtown parking for employees has also
resulted in complaints from residents in downtown areas about congested parking in their
neighborhoods; and
D. Program L-8 of the Comprehensive Plan limits new nonresidential
development in the Downtown Area to 350,000 square feet (10 percent above the amount of
development existing or approved in 1986), and requiresthat this limit be re-evaluated when
nonresidential development approvals reach 235,000 square feet of floor area; and
E. Section 18.18.040 of the Zoning Ordinance requires a development
moratorium on downtown nonresidential development upon an increase of 350,000 square
feet of net new nonresidential development (since 1986); and
F. The 235,000 square foot study limit will be reached upon approval of
projects now pending before the Architectural Review Board; and
G. On July 23, 2012, the City Council directed staff to initiate the preparation
of the re-evaluation of the downtown development cap; and
H. The City's Zoning Ordinance Chapter 18.18 (Downtown Commercial
Districts) and Chapter 18.52 (Parking and Loading Requirements) provide for a variety of
exemptions and reductions to parking requirements within the Downtown area and specifically
within the Downtown Parking Assessment Area that result in less parking being provided than
the calculated demand for parking for new projects; and
I. The City's Zoning Ordinance Section 18.52.060 (c) allows for floor area up
to a floor area ratio of 1.0 to 1.0 to be lIexempt" from parking requirements within the
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Downtown Parking Assessment Area and floor are up to 0.5 to 1.0 to be exempt within the
California Downtown Parkin Assessment Area ("Exempt Floor Area"); and
J. The Exempt Floor Area parking exemption was enacted in the mid 1980's
and appears to have been intended to stimulate downtown development and provide equity to
parking assessment district members; and
K. The Exempt Floor Area parking exception no longer appears necessary to
achieve such purposes, given the vitality of downtown and the need for additional parking; and
L. Continued application of the Exempt Floor Area parking exemption will
further exacerbate downtown and California Avenue parking deficiencies; and
M. The City Council desires on an interim basis to temporarily suspend use of
the Exempt Floor Area parking exemption in the City as such use may be in conflict with a
contemplated general plan, specific plan, or zoning propos.al that the legislative body, planning
commission or the planning department is considering or studying or intends to study within a
reasonable time; and
N. This interim ordinance is adopted in accordance with the requirements of
GovernmentCode Section 65858 and Palo Alto Municipal Code Section 2.04.270 and is based
on the need to protect the public safety, health and welfare as set forth in the above findings
and a 4/5 vote is required for passage.
The Council ofthe City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The findings listed above are hereby incorporated.
SECTION 2. Moratorium. The City Council hereby enacts this Interim Urgency
Ordinance establishing a moratorium on the use of the Exempt Floor Area parking exemption as
set forth in Section 18.52.060 of the Palo Alto Municipal Code in connection with any
development or issuance of any permit or other land use entitlement for any project located in
the Downtown or California Avenue Assessment Districts.
SECTION 3. Study. The City Council directs the Planning Department to consider
and study possible amendments to the General Plan, Specific Plan or Zoning ordinance to
eliminate use of the Exempt Floor Area Parking Exemption contained in Section 18.52.060 (c) of
the Palo Alto Municipal Code.
SECTION 4. Written Report. At least ten (10) days before this Urgency
Ordinance or any extension expires, the City Council shall issue a written report describing the
measures taken to alleviate the condition which led to the adoption of this Interim Urgency
Ordinance.
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