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Home My WebLink AboutOrdinance 56481 0290166_KB2_20250218_MS29 Ordinance No. 5648 Interim Urgency Ordinance of the Council of the City of Palo Alto Amending Chapter 18.40.160 (Replacement Project or Discretionary Review Required) of Title 18 (Zoning) of the Palo Alto Municipal Code to Allow for Early Demolition or Deconstruction on Contaminated Sites The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A.Pursuant to Section 65962.5 of the California Government Code, the California Environmental Protection Agency maintains a list of hazardous materials release sites. Remediation of the hazardous conditions on these sites to a level that is compatible with residential use can take years. B.Usually, the existing improvements on the site must be demolished before remediation of the contamination can occur. Before demolishing existing improvements, property owners must secure a demolition or deconstruction permit from the City. C.Chapter 18.40.160 of the Palo Alto Municipal Code currently provides that the permits for building permits for a replacement project must be approved before a demolition or deconstruction permit is issued. The process of securing planning entitlements and building permits for a replacement project can take years. D.The Council now intends to amend the municipal code to allow a demolition or deconstruction permit to be issued, so that remediation of hazardous conditions may proceed, prior to issuance of a planning entitlement or building permit for a proposed replacement project, subject to certain conditions enumerated in the Ordinance. If the subject property is designated as a housing inventory site in the City’s operative Housing Element, the replacement project must be a Housing Development Project, as defined in state law. All property owners will be required to remediate the hazardous conditions to a level that is compatible with residential use. E.Allowing these permitting and cleanup processes to proceed simultaneously will eliminate significant delays in the remediation of hazardous conditions and the preparation of contaminated sites for new development. F.The City Council declares that this emergency ordinance is necessary as an emergency measure to preserve the public, peace, health, or safety by allowing property owners to proceed with remediation of hazardous or contaminated conditions on a site without waiting until the proposed replacement project has completed the planning entitlement and building permit process. This will help alleviate Palo Alto’s housing shortage by eliminating delays in the preparation of contaminated sites to host new housing units. Docusign Envelope ID: D7B160CF-5715-44C4-A2BC-68854B3F3CF6 2 0290166_KB2_20250218_MS29 G.Because of Palo Alto’s urgent need for more housing, this amendment to Title 18 is necessary for the public health, safety, or welfare, and there is insufficient time for consideration by the Planning and Transportation Commission (PTC) prior to Council action. The Council therefore declares that an interim ordinance pursuant to Palo Alto Municipal Code Section 18.80.090 is an appropriate measure, pending consideration of a permanent ordinance by the PTC. SECTION 2. Section 18.40.160 (Replacement Project or Discretionary Review Required) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined): 18.40.160 Replacement Project or Discretionary Review Required (a) Except where necessary for health and safety purposes (as determined by the City’s Building Official), no permit required under Title 2 (Administrative Code), Title 12 (Public Works and Utilities), or Title 16 (Building Regulations) shall be issued: (1) for demolition or deconstruction of a single family residence or duplex in the Low- Density Residential District (Chapter 18.10) or Single Family Residential District (Chapter 18.12), unless building permit plans for a replacement project have been approved. This subsection shall also apply to demolition of a single family residence or duplex in the Multiple Family Residential District (Chapter 18.13) when the replacement project does not require discretionary review. (2) For any project requiring discretionary review under Title 18 or Title 21, unless the application for discretionary review has been approved. (3) For demolition of deconstruction of a residential unit, unless a replacement project has been approved that contains at least as many residential dwelling units as will be demolished. (A) if the proposed development project is not a housing development project, the replacement housing units may be located on a site other than the project site but shall be located within Palo Alto and shall be developed prior to or concurrently with the proposed development. (B) If the existing residential unit(s) is a nonconforming use, it shall be replaced in a manner consistent with the current zone district regulations. (C) Replacement of Protected Units, as those terms are defined in California Government Code Section 66300.5, shall be subject to the additional requirements of California Government Code Section 66300.6 (b) Notwithstanding subdivision (a) of this section, a permit for demolition or deconstruction may be issued before the approval of planning entitlements or building permits for a replacement project in order to allow for the remediation of hazardous conditions on the site. Docusign Envelope ID: D7B160CF-5715-44C4-A2BC-68854B3F3CF6 3 0290166_KB2_20250218_MS29 (1) This subdivision (b) applies only to properties that are eligible for inclusion on any list of hazardous materials release sites maintained pursuant to California Government Code Section 65962.5 and are subject to a remediation plan or similar that has been approved by the applicable oversight agency, such as the California Department of Toxic Substances Control, California Water Resources Control Board, or County of Santa Clara Department of Environmental Health, and that requires demolition or deconstruction of the existing site improvements for decontamination to proceed. (2) No trees shall be removed unless required under the remediation plan. Any tree removed shall be subject to Title 8 of this code. The Director may defer any tree canopy replacement requirements until construction of the replacement project on the site and require a performance bond or similar security instrument. (3) Sites granted an early demolition or deconstruction permit pursuant to this subdivision (b) must remediate the hazardous site conditions to cleanup levels compatible with residential use, as approved by the applicable environmental oversight agency, such as the California Department of Toxic Substances Control, California Water Resources Control Board, or County of Santa Clara Department of Environmental Health. (4) If the subject property is designated as a Housing Inventory Site in the City’s operative Housing Element, the site may be used only for a Housing Development Project as defined in California Government Code Section 65589.5. The property owner shall sign and record a covenant against the property, in a form acceptable to the city attorney, which requires that the property be used only as the site of a Housing Development Project for as long as the subject property is listed as a housing inventory site in the operative Housing Element. The covenant shall be binding upon all successors in interest to the property. (5) This subdivision (b) does not apply if the subject property is listed in, or is determined to be eligible for listing in, the California Register of Historical Resources. (6) This subdivision (b) does not apply if it would require demolition of an existing residential use on a portion of the property in order to complete remediation. (7) This subdivision (b) shall be effective only through March 10, 2026, unless extended by the City Council or superseded by replacement ordinance. (8) Sites granted an early demolition or deconstruction permit pursuant to this subdivision (b) must submit a Site Maintenance Plan and receive approval from the Director of Planning prior to issuance of the demolition or deconstruction permit. The Site Maintenance Plan shall address the proposed condition of the site following the completion of remediation work and until a building permit is issued for a replacement project. The Site Maintenance Plan may include measures such as installation and maintenance of fencing to secure the property as well as landscaping. SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each Docusign Envelope ID: D7B160CF-5715-44C4-A2BC-68854B3F3CF6 4 0290166_KB2_20250218_MS29 section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4. The Council finds that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. The Ordinance does not itself authorize any work that could impact the environment or alter the state or local permitting process that currently applies to demolition or other work on contaminated sites. By removing a local procedural requirement, the Ordinance changes only the timing of when a property owner may apply for a demolition permit. SECTION 5. This ordinance shall be effective immediately upon adoption by a four-fifths vote of the City Council and shall expire on March 10th, 2026, unless extended by the City Council or superseded by replacement legislation. INTRODUCED: MARCH 10, 2025 PASSED: MARCH 10, 2025 AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney or Designee City Manager Director of Planning and Development Services Docusign Envelope ID: D7B160CF-5715-44C4-A2BC-68854B3F3CF6 Certificate Of Completion Envelope Id: D7B160CF-5715-44C4-A2BC-68854B3F3CF6 Status: Completed Subject: ORD 5648 - Early Demolition or Deconstruction on Contaminated Sites Source Envelope: Document Pages: 4 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Christine Prior AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Christine.Prior@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 3/12/2025 2:48:01 PM Holder: Christine Prior Christine.Prior@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: Docusign Signer Events Signature Timestamp Madeleine Salah Madeleine.Salah@CityofPaloAlto.org Deputy City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 3/12/2025 2:50:04 PM Viewed: 3/12/2025 3:48:02 PM Signed: 3/12/2025 3:49:27 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Director, Planning and Development Services City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 3/12/2025 3:49:28 PM Viewed: 3/12/2025 4:04:05 PM Signed: 3/13/2025 2:35:05 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.249.147.159 Signed using mobile Sent: 3/13/2025 2:35:06 PM Viewed: 3/14/2025 6:29:23 AM Signed: 3/14/2025 6:29:47 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Ed Lauing Ed.Lauing@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.188.59.65 Sent: 3/14/2025 6:29:48 AM Viewed: 3/14/2025 8:32:58 AM Signed: 3/14/2025 8:33:20 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.132.2.224 Sent: 3/14/2025 8:33:21 AM Viewed: 3/14/2025 9:13:35 AM Signed: 3/14/2025 9:13:49 AM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/12/2025 2:50:04 PM Certified Delivered Security Checked 3/14/2025 9:13:35 AM Signing Complete Security Checked 3/14/2025 9:13:49 AM Completed Security Checked 3/14/2025 9:13:49 AM Payment Events Status Timestamps