HomeMy WebLinkAbout2002-10-07 Ordinance 4763 (2).. . ,
follows:
ORDINANCE NO. 4763
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTIONS 16.45.050, 16.47.030 AND
16.58.030 OF THE PALO ALTO MUNICIPAL CODE TO
CREATE CERTAIN DEVELOPMENT IMPACT FEE EXEMPTIONS
The Council of the City of Palo Alto does ORDAIN as
SECTION 1. Section 16.45.050 of Chapter 16.45
(Transportation Impact Fee for New Nonresidential Development in
the Stanford Research Park/EI Camino Real CS Zone) of Title 16
(Building Regulations) of the Palo Alto Municipal Code is hereby
amended to read as follows:
16.45.050 Applicability.
(a) This chapter shall apply to the following
development in the area:
(1) New development of a nonresidential use of two
hundred fifty square feet or greater on a site;
(2) Any existing development of two hundred fifty
gross square feet or greater on a site that undergoes a change
in use from an exempt use as described in the following
subsection (b), to a nonresidential use.
(b) This chapter shall not
development or uses in the area ("exempt
(1) An on-site cafeteria
facility, credit union, and/or day care
for employees and/or their children and
publici
apply to the following
uses") :
facility, recreational
facility to be provided
not open to the general
(2) An accessory hazardous materials storage facility
required to comply with Title 17 of this code; provided that
such facility does not, in itself, generate new employment;
(3) A thermal storage facility provided for the
purpose of energy conservation, provided that such facility does
not, in itself, generate new employment;
(4) Residential development;
(5) Temporary uses of less than six months' duration;
(6) Any development that replaces all or part of the
square footage of an existing or previous development on a site,
whether or not the existing development is in active use,
provided that the resultant increase in gross floor area on the
site is two hundred square feet or less;
(7) Development for which a building permit has been
issued on or before the effective date of the ordinance enacting
this chapter (September 6, 1989);
02I028 clOO531 13 1
(8) Retail service, eating and drinking service,
personal service, or automotive service when the total
addi tional square footage is 1,500 square feet or less. This
exemption shall apply only when the additional square footage of
new development does not exceed 1,500 square feet. New
development that is larger than 1,500 square feet shall pay a
fee for all square footage, including the first 1,500 square
feet.
SECTION 2. Section 16.47.030 of Chapter 16.47 (Approval
of Projects with Impacts on Housing) of Title 16 (Building
Regulations) of the Palo Alto Municipal Code is hereby amended
to read as follows:
16.47.030 Exemptions.
The following uses, as defined in Title 18 of the Palo
Alto Municipal Code, are exempt from this chapter:
(a)
(b)
(c)
( d)
(e)
( f)
Residential uses:
Churches:
Colleges and universities
Commercial recreation:
Hospitals and convalescent facilities;
Private clubs, lodges, and
organizations:
(g) Private education facilities;
(h) Public Facilities;
fraternal
(i) Retail service, eating and drinking service,
personal service, or automotive service when the
total addi tional square footage is 1,500 square
feet or less. This exemption shall apply only
when the addi tional square footage of new
development does not exceed 1,500 square feet.
New development that is larger than 1,500 square
feet shall pay a fee for all square footage,
including the first 1,500 square feet.
SECTION 3. Section 16.58.030 of Chapter 16.58
(Establishing Impact Fees, to be Imposed
Parks, Community Centers And Libraries)
Regulations} of the Palo Al to Municipal
to read as follows:
on New Development, for
of Ti tie 16 (Building
Code is hereby amended
16.58.030 Exemptions. The provisions of this chapter
shall not apply to the following:
021028 cl 0053113 2
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(a) City buildings or structures;
(b) Public school buildings or structures;
(c) Residential housing, either for sale or rental,
which, by recordable means, is permanently obligated to be 100%
affordable;
(d) Retail service, eating and drinking service,
personal service, or automotive service when the total
additional square footage is 1,500 square feet or less. This
exemption shall apply only when the additional square footage of
new development does not exceed 1,500 square feet. New
development that is larger than 1,500 square feet shall pay a
fee for all square footage, including the first 1,500 square
feet.
(e) Day care centers used for child care, nursery
school or preschool education.
(f) Below market rate housing units above and beyond
the minimum number required for projects subject to the City's
Below Market Rate (BMR) Housing program. The additional units
must be offered and constructed in a manner consistent with all
requirements of the BMR program.
SECTION 4. The Municipal Fee Schedule is hereby amended
to add development fees for parks, community centers and
libraries, as shown on Exhibit "A", attached hereto and
incorporated herein by reference.
SECTION 5. This is not a proj ect for purposes of the
California Environmental Quality Act (CEQA) . However,
individual improvement projects to be funded by the fees hereby
established and individual development projects upon which the
fees will be imposed shall be subj ect to appropriate
environmental review under CEQA.
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SECTION 6. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: September 17, 2002
PASSED: October 7, 2002
AYES:
NOES:
ABSENT:
BEECHAM,
OJAKIAN
ABSTENTIONS:
BURCH, FREEMAN, KISHIMOTO,
NOT PARTICIPATING: KLEINBERG, MOSSAR
nils DOCUMENT IS CERTIFIED TO BE AN
OROB'JI'~NCE DULY PASSED BY THE COUNCIL
or: n'H2 GliY OF PALO ALTO AND'-
T::,[ ~if::~:' rER,POSTED\I&li~ q£.UNCIL '
t,,1il ,,-,!:';d1S (}!\I __ (WITHIN 1.
D;Wf.:) O~ ITS PASSAGE)
': (or clc:clafc) under penalty
;,'';;;'.l::r!l (hit tile foregoing is truo
::n(1 correct/l
l~~{~a1,tL a~
021028 cI 0053113
Mayor
4
LYTLE, MORTON,
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