HomeMy WebLinkAbout2003-09-22 Ordinance 4803ORDINANCE NO. 4803
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 18.94.070 [NONCONFORMING USE -
REQUIRED TERMINATION] TO CHANGE THE REQUIRED
TERMINATION DATE FOR THE MONOTYPE PRINT ART
STUDIO USE AT 440 PEPPER STREET
The City Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. Findings. The City Council finds that:
A. The Kirkeby Art Studio, located at 440 Pepper
Street, is a nonconforming use that, among others, was scheduled
to be terminated on July 20, 1993, pursuant to the amortization
schedule set forth in Section 18.94.070 of the Palo Alto Municipal
Code. The Kirkeby Art Studio requested in 1992 that the City
allow them to continue operating at 440 Pepper Street until
July 20, 2003;
B. In 1993, the City granted an extension of the non-
conforming use provisions to allow the use to continue operating
at 440 Pepper Street until July 20, 2003;
C. The original 1S-year amortization period for this
property was reasonable and commensurate with the investment
invol ved, and upon that basis expressly reserves the right to
review, modi fy , condi tion I or repeal thi s extension, wi th or
without a finding of changed circumstances, at any time following
expiration of the original amortization period. Under no
circumstance shall this ordinance be construed as creating a
vested right for any nonconforming use to remain beyond its
original amortization period;
D. The Planning Commission, after duly noticed public
hearing held April 30, 2003, has recommended that Section
18.94.070 of the Palo Alto Municipal Code be amended to allow such
use to be extended until July 20, 2018; and
E. The proposed amendment is in the public interest,
will promote the public health, safety and welfare, and will not
be detrimental to any other uses, for the following reasons:
(1) The Kirkeby Art Studio is located in an R-1,
Single Family Residential District in a 2,200 square foot building
located on a 6,733 square foot parcel;
(2) The principal functions of the art studio are
to teach, and to create and produce mono type prints. All
activities at the site relate to the mono type process, and are
relatively low profile in nature and compatible with the adjacent
neighborhood. According to the art community, the studio is a
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rare and valuable asset, especially because of its instructional
and educational activities in the monotype medium. Additionally,
some of its classes are affiliated with the City of Palo Alto's
Division of Arts and Culture; and
(3) The studio would continue to enhance the
quality of life in this community if it were allowed to continue
operation for another fifteen years.
SECTION 2. Subsection (b) (2) (C) of section 18.94.070
[Nonconforming Use -Required Termination] of Title 18 [Zoning] of
the Palo Alto Municipal Code is hereby amended to read:
11 (C) The nonconforming use of the property
at 440 Pepper Street for an art studio
specializing exclusively in the medium of
mono type printmaking and associated instructional
uses shall terminate on or before July 20, 2018.
Nothing in this ordinance shall be construed to
create a vested right for the nonconforming uses
to remain after July 20, 2003."
SECTION 3. The Council finds that this project will have
no significant environmental effect.
SECTION 4.
commencement of the
adoption.
This ordinance shall be
thirty-first day after
INTRODUCED: September 8, 2003
PASSED: September 22, 2003
effective
the date
on
of
the
its
AYES: BEECHAM, BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE,
MORTON, MOSSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
APPROVED AS TO FORM: ~
~~
~~~~~~. City Attorney
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