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HomeMy WebLinkAbout2012-11-19 Ordinance 5172Ordinance No. 5172 Ordinance Extending Ordinance No. 5167 ofthe Council ofthe City of Palo Alto Adopting a Temporary Moratorium on the Use of the "Exempt 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 lack of 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 ofthe 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 requires that 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 1 121203 jb 0131016 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 "exempt" from parking requirements within the 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 proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and N. The City Council adopted Interim Ordinance No. 5167 on October 15, 2012, by a four-fifths vote after a public hearing pursuant to Government Code Section 65858 and Ordinance 5167 will expire on November 29, 2012. O. On November 13, 2012, the Council reviewed, filed and heard comment on a Report pursuant to Government Code Section 65858 regarding the current status of parking issues in the Downtown area. P. The Council desires to extend Interim Ordinance 5167 in accordance with the requirements of Government Code 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; and The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings. The findings listed above are hereby incorporated. SECTION 2. Written Report. The Report referenced in Recital 0 is hereby deemed by the City Council to be the written report describing the measures taken to alleviate the condition which led to the adoption of Interim Urgency Ordinance No. 5167. SECTION 3. Moratorium. The City Council hereby extends Interim Urgency Ordinance No. 5167 establishing a moratorium on the use of the Exempt Floor Area parking 2 121203 jb 0131016 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 4. 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 5. 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. SECTION 6. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 7. Effective Period. This extension ordinance shall take full force and effect immediately upon expiration of Interim Ordinance No. 5167. In accordance with Government Code Section 65856, this ordinance shall be in full force and effect for a period of thirty (30) days following expiration of Interim Ordinance No. 5167. Thus the moratorium shall expire on December 29, 2012, unless this period is extended by the City Council as provided in Government Code Section 65858. II II II II II II II II II 3 121203 jb 0131016 SECTION 8. gQA. The City Council finds that this ordinance falls under the California Environmental Quality Act (CEQA) exemption found in Title 14 California Code of Regulations Section 15061(b)(3) because it is designed to preserve the status quo. INTRODUCED AND PASSED: November 19,2012 AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHMID, SHEPHERD, YEH NOES: ABSTENTIONS: ABSENT: 121203 jb 0131016 SCHARFF 4 Director of Planning and Community Environment