HomeMy WebLinkAbout2006-10-16 Ordinance 4921ORDINANCE NO. 4921
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
PROHIBITING SECOND DWELLING UNITS UNDER DIFFERENT
OWNERSHIP FROM THE INITIAL DWELLING UNIT ON AN INTERIM
BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858
TO TAKE EFFECT IMMEDIATELY
The City Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. Findings. The Council finds and declares that:
A. Preservation of the visual and historic character of
existing single-family neighborhoods is of great cultural,
aesthetic, and economic importance to the City and all of its
residents.
B. On June 20, 1983, the City Council enacted Ordinance
No. 3447, establishing the RMD, (Two-Unit Multiple-Family Residence
District) allowing a second dwelling unit under the same ownership
as the initial dwelling unit on site in areas designated for
multiple-family use. 'The purpose of establishing the zone was to
minimize incentives to demolish existing single-family dwellings,
maintain neighborhood character and increase the variety of housing
opportunities available within the community .
. C. The City Council has recognized that the current
regulations of second dwelling units in the RMD and R-2 districts
(Palo Alto Municipal Code Section 18.10.070{a)) do not adequately
protect single-family structures and second units located on sites
within the Two Unit Multiple-Family Residential District from
potential subdivision and sale.
D. As written, Section 18.10.010 (c) states that the
purpose of the Two Unit Multiple-Family Residential District is
intended to allow a second dwelling unit under the same ownership
as the initial dwelling unit on appropriate sites in areas
designated for multiple-family use by the Palo Alto Comprehensive
Plan. Section 18.10.070 (a) does not adequately implement that
purpose.
E. If a new ordinance is not adopted on an urgency
basis to prohibit multiple ownership, there is a clear and imminent
danger that a property owner within a Two Unit Multiple-Family
Residential District could subdivide his or her parcel into two
distinct airspace parcels and sell the air and rights to the
separate parcels. This would be inconsistent with the intent of
Chapter 18.10.
F. Based on findings A through E, the Council finds
that there is a current and immediate threat to the public health,
safety or welfare if Ordinance No. 4921 is not adopted pursuant to
Government Code section 36937.
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SECTION 2. Definitions. All terms in this ordinance shall
have the definition provided in Section 18.04.030 of the Palo Alto
Municipal Code unless expressly provided otherwise.
SECTION 3. Prohibition. Second dwelling units, and any
airspace rights thereto, under different ownership from the initial
dwelling unit, shall be prohibited in the R-2 and RMD districts.
SECTION 4. Exemption. This ordinance does not apply to
any application for the subdivision of airspace rights that has
been deemed complete as of the effective date of this ordinance.
SECTION 5 . Effective Date and Applicability. This
ordinance was passed by a four-fifths vote after a public hearing
pursuant to Government Code Section 658.58 and shall be effective
immediately upon adoption and shall cease to have force and effect
on unless further extended after additional public
hearing.
SECTION 6. The Council finds that this project is exempt
from the provisions of the Environmental Quality Act ("CEQA")
because can be seen with certainty that there is no possibility
that this project will have a significant effect on the
environment, and because this ordinance falls within the exception
to CEQA set forth in Section 15301 of the CEQA Guidelines.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
OctobeL 16, 2006
October 16, 2006
BARTON, CORDELL, DREKMEIER,
KLEINBERG, MORTON
BEECHAM
MOSSAR
APPROVED:
APPROVED AS TO FORM:
AcJ.'I"
Asst. City Attorney
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KISHIMOTO, KLEIN,