HomeMy WebLinkAbout2003-04-14 Ordinance 4783ORDINANCE NO. 4783
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
PROHIBITING NEW GROUND FLOOR OFFICE AT CHARLESTON
CENTER (PORTIONS OF THE 3900 BLOCK OF MIDDLEFIELD
ROAD) AND AT MIDTOWN SHOPPING DISTRICT (PORTIONS
OF THE 2600, 2700, AND 2800 BLOCKS OF MIDDLEFIELD
ROAD, 700 BLOCKS OF COLORADO AVENUE, MORENO
AVENUE, AND SAN CARLOS COURT) ON AN EXTENDED
INTERIM BASIS PURSUANT TO GOVERNMENT CODE SECTION
65858 BY EXTENDING ORDINANCE NO. 4781 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. The City of Palo Alto ("City") is experiencing a
glut of office space in most areas. Conversion of ground floor,
neighborhood-serving businesses to office uses will cause economic
decline and physical blight by further overloading and weakening
the local commercial real estate economy. Serious harm to the
public health, safety, and welfare of Palo Alto and the surrounding
region will result from these economic and blight impacts.
B. On March 3, 2003, the Council adopted Ordinance No.
4781 prohibiting ground floor offices in the Charleston Center and
Midtown Shopping District. On February 12, 2003, the Planning and
Transportation Commission recommended the adoption of permanent
ordinances for those areas. Those ordinances will not become
effective before Ordinance No. 4781 expires.
C. Based on findings A and B, the Council finds that
there is a current and immediate threat to the public health,
safety, or welfare if interim Ordinance No. 4781 is not extended
pursuant to Government Code Section 65858 to prohibit ground floor
offices in the Charleston Center and Midtown Shopping District
until the effective date of a permanent ordinance for those areas.
SECTION 2. Definitions.
A. The "Midtown Shopping District" is defined as those
properties zoned CN in the vicinity of the intersection of Colorado
Avenue and Middlefield Road shown on Exhibit A.
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030423syn 0091223
B. The "Charleston Center" is defined as all properties
zoned CN and bounded by East Charleston Road, Middlefield Road, and
Cubberley High School, as shown on Exhibit B.
SECTION 3. New Ground-floor Office Prohibited. As of the
effective date of this ordinance, notwithstanding any contradictory
sections of the Palo Alto Municipal Code, no new Administrative
Office, General Business Office, Medical Office l or Professional
Office use l as defined in Section 18.04.030 of the Palo Alto
Municipal Code l is permitted in the Charleston Center or Midtown
Shopping District.
SECTION 4. Exclusion of Certain Office Buildings. In the
Midtown Shopping Districtl 7111 719 1 and 721 Colorado Avenue 1 689
Colorado Avenue 1 buildings not fronting on Middlefield Avenue 1
designed and used for office purposes 1 and not well suited to other
uses are exempt from the provisions of this ordinance.
SECTION 5. Existing Businesses. All office lawfully
existing as of the date of this ordinance may continue as non-
conforming uses 1 but may only be replaced by non-office uses
permitted or conditionally permitted in the CN district l as set
forth in Chapter 18.41 of the Palo Alto Municipal Code. Provided 1
an existing ground floor office may be replaced with another office
if the new tenant or owner will continue the existing business or
practice.
SECTION 6. 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
that this project will have a significant effect on the
environment 1 and because this ordinance falls within the exception
to CEQA set forth in Section 15268 of the CEQA Guidelines.
SECTION 7. 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.
SECTION 8. Expiration. This ordinance shall cease to
have force and effect on March 3, 2004 unless further extended
after additional public hearing 1 provided 1 if both of the following
ordinances are adopted 1 this urgency ordinance shall expire on the
later effective date of those ordinances:
(1) Ordinance No. 4787 titled ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO AMENDING TITLE 18 OF THE MUNICIPAL CODE TO
ADD SECTION 18.41.035 PRESERVING AND SUPPORTING NEIGHBORHOOD-
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030423syn 0091223
SERVING USES IN THE NEIGHBORHOOD COMMERCIAL (CN) DISTRICT AT
CHARLESTON CENTER (PORTIONS OF THE 3900 BLOCK OF MIDDLEFIELD ROAD)
(2) Ordinance No. 4786 titled ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO AMENDING TITLE 18 OF THE MUNICIPAL CODE TO
ADD SECTION 18.41.037 PRESERVING AND SUPPORTING GROUND-FLOOR
NEIGHBORHOOD-SERVING USES IN THE NEIGHBORHOOD COMMERCIAL (CN)
DISTRICT AT MIDTOWN SHOPPING DISTRICT (PORTIONS OF THE 2600, 2700
AND 2800 BLOCKS OF MIDDLEFIELD ROAD, 700 BLOCKS OF COLORADO AVENUE,
MORENO AVENUE, AND SAN CARLOS COURT)
INTRODUCED AND PASSED: April 14, 2003
AYES: BEECHAM, BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE,
MORTON, MOSSAR, OJAKIAN
NOES:
ABSTENTIONS:
ABSENT:
AT~ a
City Clerk ~ ~
APPROVED AS
Seni
THIS DOClIMENT IS CERnflED TO BE AN
ORDINANCE DULY PASSED BVTHE COUNCIL
OnHf. CITY OF PALO ALTO AND ' ,
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CHA!'1U3ERS ON -I -(WITHIN t8
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EXHIBIT B
CN District
Charleston Shopping Center
(1993 building footprints)
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