HomeMy WebLinkAbout2006-11-20 Ordinance 4927follows:
ORDINANCE NO. 4927
ORDINANCE EXTENDING ORDINANCE NO. 4921 OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION
18.10.070 OF THE PALO ALTO MUNICIPAL CODE
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
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
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danger that a property owner wi thin a Two Unit Mul tiple-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. is not adopted pursuant to
Government Code section 36937.
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. Initial Interim Ordinance. An interim ordinance
No. 4921 was passed on October 16, 2006 by a four-fifths vote after
a public hearing pursuant to Government Code Section 65858 and will
expire on December 1, 2006.
SECTION 6. Effective Date and Applicability. This
ordinance was passed by a four-fifths vote after a public hearing
pursuant to Government Code Section 65858 and shall be effective
immediately upon adoption and shall cease to have force and effect
on October 15, 2008 unless rescinded upon adoption of a permanent
ordinance.
SECTION 7. The Council finds that this project is exempt
from the provisions of the Environmental Quality Act ("CEQA")
because it can be seen with certainty that there is no possibility
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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 AND PASSED: November 20, 2006
AYES: BARTON, CORDELL, DREKMEIER, KISHIMOTO, KLEIN,
KLEINBERG, MORTON, MOSSAR
NOES:
ABSTENTIONS: BEECHAM
ABSENT:
APPROVED AS TO FORM:
~-Sr. Deputy City Attorney
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APPROVED:
of Planning and
Community Environment