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Home My WebLink About2001-12-17 Ordinance 4730follows: ORDINANCE NO. 4730 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS 18.04.030, 18.41.030, 18.43.030, 18.45.030 and 18.49.050 OF THE PALO ALTO MUNICIPAL CODE TO PROHIBIT THE CONVERSION IN COMMERCIAL DISTRICTS OF GROUND FLOOR NON- OFFICE USES TO MEDICAL, PROFESSIONAL, ADMINISTRATIVE AND GENERAL BUSINESS OFFICES The City Council of the City of Palo Alto does ORDAIN as SECTION 1. A. The Planning Commission, after duly noticed hearings held August 8 and 29, 2001, has recommended that the Palo Alto Municipal Code be amended to prohibit the conversion in comme al districts of non-office uses to medical, professional and general business 0 ices; and B. The City Council, recommendation, finds that: r due consideration of the 1. Retail service plays a vital role in the livability of the City and is an essential element in providing City residents with shopping convenience for their various needs. commerc goal 2. Retail service in the City's 1 shopping areas is a cr ical component in becoming a more walkable community. numerous the ty's 3. The City has experienced an unprecedented sustained demand for office space. As a result, buildings which traditionally have been used for retail service have been converted to office space. 4. This displacement of retail service imposes a hardship on local residents, particularly those with reduced mobility, increases already serious traffic conges on, exacerbates an already signi cant surplus of jobs over housing, and leads toa decline in quality of life. 5. Because existing retail service lities depend upon a concentrat such uses to maintain their economic viability, continued loss of these uses would jeopardize retail service in the City's commercial dis cts. 1 020114 syn 0090892 " . 6. The proposed amendments are in the public interest and will promote the public health, safety and welfare. SECTION 2. Section 18.04.030 of the Palo Alto Municipal Code is hereby amended to add subsection 18.04.030 (a) (65.5) as follows: 18.04.030 Definitions. (a) (65.5) is above grade. "Ground floor" means the first floor which SECTION 3. ion 18.41.030 of the Palo Alto Municipal Code is hereby amended as follows: 18.41.030 Per.mitted uses. The following uses shall be permitted in the CN neighborhood cornrnerci district: (a) Accessory facilities and uses customarily incidental to permitted uses; (b) Animal care, but excluding boarding and kennels; (c) Day care centers, large day care homes, small day care homes and residential care homes; (d) Eating and drinking services, except drive-in and take-out services; (e) Horne occupations, residential uses; (f) Lodging; when accessory to permitted (g) Medical, professional, and general business 0 s located on any floor other than the ground floor of a building, as limited by Section 18.41.050(1); (h) Medical, professional, and general business offices located on the ground oor of a building, as limited by Section 18.41.050 (1), which (1) have been continuously in existence in that space since March 19, 2001, and, as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.95 of this code; (2) occupy a space that 2 020114 syn 0090892 was not occupied by housing, retail services, personal services, eating and drinking services, or automotive service on March 19, 2001 or thereafter; (3) occupy a space that was vacant on March 19, 2001; (4) are located in new or remodeled ground floor areas built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; or (5) are on a site located in an area subject to a Specific Plan or Coordinated Area Plan, which specifically allows for such ground floor medical, professional and general business offices; (i) Personal services; (j) Retail services, excluding liquor stores; (k) Reverse vending machines, subject to regulations established by Chapter 18.88 of this code; (1) Single-family uses, two-family uses, and mul tiple- family uses; provided, residential uses shall not be permit ted in the Charleston Shopping Center or in the Midtown Shopping District. For the purposes of this section, "Charleston Shopping Center" is defined as all properties zoned CN and bounded by East Charleston Road, Middlefield Road, and Cubberley High School; and "Midtown Shopping District" is defined as all properties zoned CN in the vicinity of the intersection of Colorado Avenue and Middlefield Road which border Moreno, Bryson and Colorado Avenues and San Carlos Court, or which border Middlefield Road in the area extending from Moreno Avenue to San Carlos Court; (m) Neighborhood business services. SECTION 4. Section 18.43.030 of the Palo Alto Municipal Code is hereby amended as follows: 18.43.030 Permitted uses. The following uses shall be permitted in the CC community commercial district: (a) Accessory facilities and uses customarily incidental to permitted uses; (b) Animal care, but excluding boarding and kennels; 3 020114 syn 0090892 (c) Business and trade schools; (d) Churches and religious institutions; (e) Convalescent facil ies; (f) Day care centers, large day care homes, small day care homes and residential care homes; (g) Eating and drinking services, except drive-in and take-out services; (h) Financial services, except drive-in services; (i) Home occupations, residential uses; when accessory to permitted (j) Hotels without kitchen facilities; (k) Lodging; (1) Medical, professional, and general business offices located on any floor other than the ground floor of a building: (m) Medical, professional, and general business offices located on the ground floor of a building, as limited by Section 18.45.070(f), which (1) have been continuously in stence in that space since March 19, 2001, and, as of such date, were neither non-conforming nor the process of being amortized pursuant to Chapter 18.95 of this code; (2) occupy a space that was not occupied by housing, retail services, eating and drinking services, personal services, or automotive ces on March 19, 2001 or thereafter; (3) occupy a space that was vacant on March 19, 2001: (4) are located in new or remodeled ground r areas built on or a r March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; or (5) are on a site located in an area subject to a Specific Plan or Coordinated Area Plan, which specifically allows for such ground floor medical, professional and general bus ss offices; (n) Mortuaries; (0) Personal services; (p) Private clubs, lodges, or fraternal organizations; 4 020114 syn 0090892 (q) Private educational facilities; (r) Retail services and shopping centers; (s) Reverse vending machines, subject to regulations established by Chapter 18.88 of this code. (t) Single-family uses, two-family uses, and multiple- family uses. SECTION 5. Section 18.45.030 of the Palo Alto Municipal Code is hereby amended as follows: 18.45.030 Per.mitted uses. The following uses shall be permitted in the CS service commercial district: (a) Accessory facilities incidental to permitted uses; (b) Administrative Section 18.45.070(f); office and uses customarily services, as limited by (c) Animal care, but excluding boarding and kennels; (d) Business and trade schools; (e) Churches and religious institutions; (f) Convalescent facilities; (g) Day care centers, large day care homes, family day care homes and residential care homes; small (h) Eating and drinking services, except drive-in and take-out services; (i) Financial services, except drive-in; (j) General business services; (k) Home residential uses; occupations, when accessory to permitted (1) Hotels without kitchen facilities; (m) Lodging; 5 020114 syn 0090892 (n) Medical, professional, and general business offices located on any floor other than the ground floor of a building, as limited by Section 18.45.070(f); (0) Medical, professional, and general business offices located on the ground floor of abuilding, which either: (1) have been continuously in existence in that space since March 19, 2001, and, as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.95 of this code; (2) occupy a space that was not occupied by housing, retail services, eating and drinking services, personal services, or automotive services on March 19, 2001 or thereafter; (3) occupy a space that was vacant on March 19, 2001; (4) are located in new or remodeled ground floor areas built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; or (5) are on a site located in an area subject to a Specific Plan or Coordinated Area Plan, which specifically allows for such ground floor medical, professional and general business offices; (p) Mortuaries; (q) Personal services; (r) Private clubs, lodges, or fraternal organizations; (s) Private educational facilities; (t) Retail services; (u) Reverse vending machines, subject to regulations established by Chapter 18.88 of this code; (v) Single-family uses, two-family uses, and multiple- family uses. SECTION 6. Section 18.49.050 of the Palo Alto Municipal Code is hereby amended as follows: The matrix entry for Medical, professional and general business offices is hereby deleted in its entirety and replaced with the following: 6 020114 syn 0090892 , ' Uses CD-C Medical, if! sional, and Permitted general business offices located on any floor other than the ground floor of a building Medical, professional, and Permitted general business offices located on the ground floor of a building, which (1) have been continuously in existence in that space since March 19, 2001, and, as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.95 of this code; (2) occupy a space that was not occupied by housing, retail services; eating and drinking services, personal services, or automotive service on March 19, 2001 or thereafter; (3) occupy a space that was vacant on March 19, 2001; (4) are located in new or remodeled ground floor areas built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; or (5) are on a located in an area subj ect to a Specific Plan or Coordinated Area Plan, which specifically allows for such ground floor medical, professional and general business offices; CD-S Permitted* Permitted* * As limited by Section 18.49.080(d) below. ** As limited by Section 18.49.090(d) below. 7 020114 syn 0090892 CD-N Permitted** Permitted** , , .. SECTION 7. The City Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15305 (Minor Alterations in Land use Limitations) of the CEQA Guidelines. SECTION 8. If a completed application for discretionary review, (or if no discretionary review is required, for building permit), had been filed with the City prior to March 19, 2001, for the conversion of groundfloor space previously used for housing, ret 1 services, eating and drinking ces, personal services, or automotive services to other uses, the converted space shall be treated as space occupied by uses other than housing, retail services, eating and drinking services, personal services, or automot services as of March 19, 2001. SECTION 9. This ordinance shall be effect on the after the date of its adoption. INTRODUCED: December 3, 2001 PASSED: December 17, 2001 AYES: BURCH, EAKINS, FAZZINO, LYTLE, OJAKIAN, WHEELER NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: BEECHAM, KLEINBERG, MOSSAR APPROVED: May r 8 020114 syn 0090892