HomeMy WebLinkAbout2020-04-06 Ordinance 5493
20200211_TS_24_202
Ordinance No. 5493
Ordinance of the Council of the City of Palo Alto Amending Five Sections of Title
18 (Zoning) of the Palo Alto Municipal Code.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18.01.080 of Chapter 18.01 (Adoption, Purposes, and Enforcement)
of the Palo Alto Municipal Code is hereby amended as follows (strikethrough text is deleted,
underlined text is added):
18.01.080 Violations - Penalties
Any person, firm, or corporation violating any provision of this title is guilty of a misdemeanor,
and upon conviction thereof shall be punishable as provided in Section 1.08.010 of this code.
Such person, firm, or corporation is guilty of a separate offense for each and every day during
any portion of which such violation of this title is committed, continued, or permitted by such
person, firm, or corporation and shall be punishable as provided in this section.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter,
and shall be subject to any penalty or penalties authorized by law, including but not limited to:
administrative enforcement pursuant to Chapters 1.12 and 1.16 of this code; and criminal
enforcement pursuant to Chapter 1.08 of this code. Each separate day or any portion thereof
during which any violation of this chapter occurs or continues shall be deemed to constitute a
separate offense.
When the code enforcement officer determines that a violation of this Chapter has occurred,
he/she may record a notice of pendency of code violation with the Office of the County
Recorder stating the address and owner of the property involved. When the violation has been
corrected, the code enforcement officer shall issue and record a release of the notice of
pendency of code violation.
SECTION 2. Section 18.01.085 of Chapter 18.01 (Adoption, Purposes, and Enforcement)
of the Palo Alto Municipal Code is hereby amended as follows:
18.01.085 Enforcement - Criminal Enforcement Citation Authority
The following designated employee positions may enforce the provisions of this chapter by
the issuance of citations. Persons employed in such positions are authorized to exercise the
authority provided in Penal Code Section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: chief building official, plan
check engineer; ordinance compliance inspector.=
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official; and (2) code enforcement officer.
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20200211_TS_24_202
SECTION 3. Subsection (a)(44.8) of section 18.04.030 (Definitions), of Chapter 18.04
(Definitions) of the Palo Alto Municipal Code is hereby amended as follows:
(a)(44.8) “Director” means the director of planning and development services community
environment, unless indicated otherwise.
SECTION 4. Section 18.40.170 of Chapter 18.40 (General Standards and Exceptions) of
the Palo Alto Municipal Code is hereby amended as follows:
18.40.170 Deferral of Director's Action
The director shall have the authority to forward projects to City Council for final action in the
circumstances listed below. No action by the Director shall be required, and the appeal process
and or request for hearing process shall not apply to such referred actions, provided, however,
that the Director may seek a recommendation from the Architectural Review Board or Planning
and Transportation Commission prior to action by the City Council.
(a) In the case of projects having multiple entitlements, where one requires City Council
approval, all entitlements may be referred to City Council for final action;
(b) Projects involving leases or agreements for the use of City-owned property;
(c) Projects requiring a statement of overriding considerations, pursuant to Section
18.31.010; and
(cd) Projects, as deemed appropriate by the director.
SECTION 5. Subsection (c)(4) of section 18.77.060 (Standard Staff Review Process), of
Chapter 18.77 (Processing of Permits and Approvals) of the Palo Alto Municipal Code is hereby
amended as follows:
(4) Any party, including the applicant, may request a hearing of the planning and
transportation commission on the proposed director’s decision by filing a written request with
the planning division. There shall be no fee required for requesting such a hearing.
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. CEQA. The City Council finds and determines that this Ordinance is not a
“project” within the meaning of section 15378 of the California Environmental Quality Act
(CEQA) Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately.
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20200211_TS_24_202
SECTION 8. Effective Date. This ordinance shall be effective on the thirty-first date after
the date of its adoption.
INTRODUCED: March 16, 2020
PASSED: April 6, 2020
AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
______________________________ ______ ____________________________________
City Clerk Mayor
APPROVED AS TO FORM:
______________________________ ______ ____________________________________
Deputy City Attorney or Designee City Manager
____________________________________
Director of Planning and Development
Services
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Subject: Please DocuSign: ORD 5493 - Amending Five Sections of Title 18 (Zoning) of the Palo Alto Munici...
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250 Hamilton Ave
Palo Alto , CA 94301
kimberly.lunt@cityofpaloalto.org
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Tim Shimizu
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Deputy City Attorney
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Jonathan Lait
Jonathan.Lait@CityofPaloAlto.org
Interim Director Planning and Community
Environment
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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Adrian Fine
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Beth Minor
Beth.Minor@CityofPaloAlto.org
City Clerk
City of Palo Alto
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