HomeMy WebLinkAbout2002-10-07 Ordinance 4763follows:
ORDINANCE NO. 4762
ORDINANCE OF THE COUNCIL OF THE
ALTO AMENDING TITLE 18 (ZONING),
(PF PUBLIC FACILITY DISTRICT
SECTION 18.32.070 (SPECIAL
SUBSECTION (A) (2) OF THE PALO
CITY OF PALO
CHAPTER 18.32
REGULATIONS) ,
CONDITIONS) ,
ALTO MUNICIPAL
CODE TO MODIFY THE FENCING REQUIREMENTS IN THE
PUBLIC FACILITIES DISTRICT
The Council of the City of Palo Alto does ORDAIN as
SECTION 1. The Council hereby finds as follows:
(a) Pending litigation challenging the approved
height of a soundwall required by Council as a condition of
development for a facility wi thin a Public Facilities zoning
district has questioned whether walls or fences may exceed the
height limits provided in the code when required for
environmental mitigation. The Council intends to confirm that a
wall or fence may be required which extends up to ten feet (10')
in height where the Public Facilities zoned site abuts
residential property and where the additional height is required
for environmental mitigation. The immediate purpose of this
amendment is to moot and thereby terminate the pending
Ii tigation against a recreation facility which the Council has
previously approved and determined to fulfill a substantial
public purpose.
(b) It is the intent of the Council that these
modifications shall be declarative of the intent of existing
ordinances governing fence or wall requirements for sites in the
Public Facilities zoning district.
SECTION 2. Ti tIe 18 [Zoning), Chapter 18.32 [Public
Facilities District Regulations), Section 18.32.070 [Special
ConditionsL Subsection 18.32.070(a) (2) of the Palo Alto
Municipal Code is hereby amended to read as follows:
On any portion of a site in the PF district which abuts
a site in any residential or applicable PC district, a minimum
interior yard (planted and maintained as a landscaped. screen) of
3.0 meters (10 feet) shall be required. In addition, a solid
wall or fence of between 1.5 and 2.4 meters ( five and eight
feet) in height shall be constructed and maintained along the
common site line, except that the wall or fence height may
extend up to 3.05 meters (10 feet) when required for mitigation
of environmental impacts resulting from use of the PF district
si te and as approved by the Council on a case by case basis.
The wall or fence requirements of this subsection supercede any
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conflicting requirements or limitations imposed by Chapter 16.24
or any other provision of these codes.
SECTION 3. This ordinance is intended to ratify and be
declarative of the intent of the Council with regard to the
permissible height of perimeter fences required for
environmental mitigation as a condition of approval for
preexisting Public Facilities zoned projects, including
speci.iically but without limitation the tennis court project at
3005-3009 Middlefield Road. One purpose of the Council in
adopting this ordinance is to moot and thereby terminate the
pending litigation against that project approval, which the
Council concludes is wasteful of public resources and is
obstructing the completion of a desirable public recreational
resource.
SECTION 4. This ordinance provides for environmental
mitigation measures to be adopted for projects, and as such is
categorically exempt from environmental review under the
California Environmental Quality Act.
SECTION 5. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
September 17, 2002
October 7, 2002
BEECHAM, BURCH, FREEMAN, KISHIMOTO, KLEINBERG
LYTLE, OJAKIAN
MOSSAR
NOT PARTICIPATING: MORTON
AT~_L·.~
City Clerk ~ Mayor f
Attorney
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