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Home My WebLink AboutRESO7541RESOLUTION NO. 7541 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CALLING A SPECIAL ELECTION FOR TUESDAY, NOVEMBER 7, 1995, FOR SUBMITTAL OF A MEASURE TO THE ELECTORATE AND ORDERING CONSOLIDATION OF SAID ELECTION WHEREAS, by Resolution No. 7529, the City Council has called a general municipal election for the election of Council Members for November 7, 1995, pursuant to Article III, Section 3, and ordered consolidation of said election; and WHEREAS, an initiative petition regarding growth management of non-residential areas has been presented to the City Council in accordance with the requirements of Article VI, section 2 of the Charter of the City of Palo Alto and this Council has concluded that it wishes to submit the initiative to the electorate of the City of Palo Alto, rather than the alternative of adopting it directly; and WHEREAS, elections are scheduled to be held on November 7, 1995, in certain school districts and certain special districts in Santa Clara County; and WHEREAS, pursuant to Education Code Section 5342 and Part 3 of Division 10 of the Elections Code, commencing at Section 10400, such elections may be partially or completely consolidated; and NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Pursuant to Article VI, Section 2 of the Charter of the City of Palo Alto, this Council submits to the electorate of the City of Palo Alto the following question: CITY OF PALO ALTO INITIATIVE MEASURE "R" Shall an ordinance be adopted amending the Palo Alto Comprehensive Plan Land Use Element to limit nonresidential growth and to preclude the City Council from making specified changes without voter approval until December 31, 2015. FOR THE ORDINANCE: AGAINST THE ORDINANCE: If a majority of qualified electors voting on such measure shall vote in favor of City of Palo Alto Initiative Measure R, it shall be deemed ratified and shall read as follows: 1 Signature page 0051415 dated 9508011 950808 bdc0051414 'GROWTH MANAGEMENT OF NON-RESIDENTIAL AREAS THE PEOPLE OF TEE CITY OF PALO ALTO DO ORDAIN AS FOLLOWS: SECTION 1, FINDINGS & PURPOSES A. Inadequately controlled non-residential development will impair the public health, safety, and welfare of the residents of Palo Alto by causing increased traffic congestion, associated air and noise pollution, diminution of property values, depletion of land which would otherwise contribute to the City's housing supply, and the exhaustion of the City's natural resources. Such excessive development would eventually result in increased expenditures for public streets, utilities, and services, and would eventually deteriorate the quality of life for the residents of Palo Alto. B. The City's Comprehensive General Plan adopted February 2, 1981, as amended through June 1, 1995, contains various land use policies which protect the City, and its residents from the adverse effects of excessive non-residential development. These policies were adopted after an extensive Downtown study completed in 1986, the Citywide Land Use and Transportation Study completed in 1989, and other studies. C. The purposes of this initiative measure are 1) to limit traffic growth, 2) to ensure that lands designated, now or in the future, for non- residential development will not be developed, redeveloped, or converted to densities which would degrade Palo Alto's present environment, and 3) to restrict conversion of lands designated for residential use to non-residential use. SECTION 2. DEFINITIONS A. Palo Alto Comprehensive General Plan means the Palo Alto Comprehensive Plan 1980-95 adopted and amended pursuant to Title 19 of the Palo Alto Municipal Code and pursuant to California Governmental Code section 65300 et seq. requiring the City to prepare, adopt and amend a comprehensive, long-term general plan .for the physical development of the city. B. Floor Area Ratio means the maximum ratio of gross floor area on a site to the total site area. 2 [Signature page 0051415 dazed 950802} 950808 bdc 0051414 C. Initiative Measure means a proposal by the qualified and registered electors of the city presented to the City Council requesting that the proposal be adopted by the City Council without alteration or submitted to a vote_ of the electorate of the City in accordance with Article VI, Section 2 of the Palo Alto Charter. When enacted, an initiative measure becomes a valid and binding ordinance of the City. E. Npn-Residential Land Use means a land use within the City limits of Palo Alto which corresponds to Neighborhood Commercial, Regional/ Community Commercial, Service - Commercial, Research/Office Park, Light Industrial, and Major Institutions/Special Facilities categories described in the Palo Alto Comprehensive Plan; but does not include the Residential land use categories or the categories of Publicly Owned Conservation Land, Public Parks, School District lands, Streamside Open Space, and Open Space . . . Controlled Development. E. Resolution means a legislative act evidenced in a writing and adopted by the City Council. As used herein Resolution includes Ordinance. SECTION 3. COMPREHENSIVE GENERAL PLAN AMENDMENTS A. This initiative measure hereby affirms and re -adopts the following Resolutions, or portions thereof, which amended the Palo Alto Comprehensive General Plan between February 2, 1981 and June 1, 1995, and which shall remain in effect until December 31, 2015 unless amended by a vote of the people: 1. The current maximum growth for non- residential development in the downtown area shall remain limited to ten percent (350,000 square feet of floor area) above the amount of development existing or approved in May 1986 as provided in Section 9 of City Council Resolution No. 6535 (Unanimously adopted July 14, 1986); 2. Growth regulations for non-residential development in the Downtown Area shall be re- evaluated when development approvals reach two- thirds (235,000 square feet of floor area) of the ten percent growth limit as provided in Section 9 of City Council Resolution No. 6535 (Unanimously adopted July 14, 1986); 3 [Signature page 0051415 dated 9501302! 9S0808 bdc 0051414 3. The current maximum allowable non- residential floor area ratio for the Neighborhood Commercial land use category shall continue to be limited to 0.4:1 as provided in Section 2(d) of City Council Resolution No. 7151. (Unanimously adopted October 19, 1992); 4. The current maximum allowable non- residential floor area ratio for the Service Commercial land use category shall continue to be limited to 0.4:1 as provided in Section 2(f) of City Council Resolution No. 7151. (Unanimously adopted October 19, 1992); 5. The current maximum allowable non- residential floor area ratio for the Research/ Office Park land use category shall continue to be limited to a range of 0.3:1 to 0.5:1 as provided in Section 2(g) of City Council Resolution No. 7151. (Unanimously adopted October 19, 1992);. 6. The current maximum allowable non- residential floor area ratio for the Light Industrial land use category shall continue to be limited to 0.5:1 as provided in Section 2(h) of City Council Resolution No. 7151. (Unanimously adopted October 19, 1992); 7. The current maximum allowable non- residential floor area ratio for the Major Institutions/Special Facilities land use category shall continue to be limited to 1:1 as provided in Section 2(k) of City Council Resolution No. 7151. (Unanimously adopted October 19, 1992); 8. The current prohibition of a connection of Sand Hill Road to Palo Alto Avenue and Alma Street shall be maintained as provided in Section 5 of City Council Resolution No. 6535. (Unanimously adopted July 14, 1986). B. In addition to reaffirming and readopting the above provisions of the Palo Alto Comprehensive General Plan, this initiative measure hereby amends the Palo Alto Comprehensive General Plan to add the following provisions to remain in effect until December 31, 2015 or unless amended by a vote of the people: 1, The current maximum allowable non- residential floor area ratio for the Regional/Community Commercial land use category shall be reduced from a range of 0.35:1 to 2:1 to a range of 0.35:1 to 1:1, thereby amending Section 4 [Signature page 0051415 dated 950802] 9501102 bdc0051414 • • 2(e) of City Council Resolution No. 7151. (Unanimously adopted October 19, 1992); 2. No new non-residential land use category created after the effective date of this initiative shall have a non-residential floor area exceeding 1:1. 3. The current maximum allowable non- residential floor area for Stanford Shopping Center shall continue to be limited to the maximum which physically existed on August 1, 1989, plus an additional 65,000 square feet as provided for in Section 8 of City Council Ordinance No. 3890. (Unanimously adopted August 7, 1989) 4. The maximum allowable non-residential floor area ratios in all non-residential zone districts shall not exceed the current maximums established in those zone districts as of the effective date of this initiative. 5. Notwithstanding any other provisions of this initiative, the maximum limit of allowable non-residential floor area ratio for the California -Cambridge Avenue Business District shall be reduced from 2:1 to 1:1 thereby amending City Council Resolution No. 6236. (Unanimously adopted March 12, 1984) _6. The minimum number of required parking spaces for all non-residential uses as described in Palo Alto Municipal Code Section 18.83.050 as of the effective date of this initiative shall continue to be the minimum number of required parking spaces for those uses; 7. The maximum allowable building heights for all non-residential zone districts shall not exceed the maximum allowable building heights established for those zone districts as of the effective date of this initiative and in no case shall the height of any non-residential building exceed 50 feet; 8. No land designated in the Palo Alto Comprehensive General Plan Land Use Map for residential use as of the effective date of this ordinance shall be redesignated for non- residential use. SECTION 4. IMPLEMENTATION A. Upon enactment of this initiative measure, it shall be deemed inserted in the Land 5 [Signature page 0051415 dated 930%02] 950808 bdc0051414 Use Element of the Palo Alto Comprehensive General Plan of the City of Palo Alto as an amendment thereof. B. Any provisions of the City Zoning Code or any other ordinance or resolution of the City inconsistent with this initiative measure shall not be enforced to the extent of the inconsistency. Within 180 days of the effective date of this initiative measure, the City Council shall adopt such resolutions or ordinances as are necessary to achieve consistency with all provisions of this initiative measure. C. Except as otherwise exempted, upon the enactment of this initiative measure all general plan amendments, rezonings, specific plans, tentative and final subdivision maps, parcel maps, or conditional use permits for uses not yet approved or issued shall not be approved or issued unless consistent with the policies and provisions of this initiative measure. D. The provisions of this initiative measure herein shall be in effect until December 31, 2015 unless amended or repealed by a vote of the people. SECTION 5. EXEMPTIONS FOR CERTAIN PROJECTS This, initiative measure shall not apply to any development project which has obtained, prior to the date of enactment, one or more of the following: A. A vested right pursuant to State or Federal law; or B. A validly approved and fully executed development agreement with the city; or C. An approved vesting tentative map; or D. Legal non -conforming use status pursuant to existing City Codes. SECTION 6. SEVERABILITY If any portion of this initiative measure is declared invalid by a court, the remaining portions are to be considered valid and in full force and effect. 6 [Signature page 0051415 dated 9508021 950808 bdc0051414 SECTION 7. A iT OR REPEAL This initiative measure may be amended or repealed only by a vote of the registered and qualified voters of the City of Palo Alto." * * * SECTION 2. The Council of the City of Palo Alto requests the Governing Body of any such other political subdivision, or any officers otherwise authorized by law, to partially or completely consolidate such elections and to further provide that the canvass be made by any body or official authorized by law to canvass the returns of the election, except that in accordance with Article III, Section 4, of the Palo Alto Charter, the City Council must meet and declare the results of said elections; and that this City Council consents to such consolidation. SECTION 3. Pursuant to Section 10002 of the California Elections Code, the Council of the City of Palo Alto hereby requests the Board of Supervisors of Santa Clara County to permit the Registrar of Voters to render services to the City of Palo Alto relating to the conduct of Palo Alto's General Municipal and Special Elections which are called to be held on Tuesday, November 7, 1995. The services shall be of the type normally performed by the Registrar of Voters in assisting the clerks of municipalities in the conduct of elections including, but not limited to, checking registrations, mailing ballots, hiring election officers and arranging for polling places, receiving absent voter ballot applications, mailing and receiving absent voter ballots and opening and counting same, -providing and distributing election supplies, and furnishing votomatic machines. Subject to approval of the Board of Supervisors of Santa Clara County of the foregoing request, the City Clerk is hereby authorized to engage the services of the Registrar of Voters of the County of Santa Clara to aid in the conduct of said elections including canvassing -the returns of said election. Further, the Deputy City Manager for Administrative Services is authorized and directed to pay the cost of said services provided that no payment shall be made for services which the Registrar of Voters is otherwise required by law to perform. The City Clerk is directed to submit a certified copy of this resolution t' the Board of Supervisors of the County of Santa Clara. SECTION 4. The City Clerk is directed to do all things requested by law to present the measure to the electorate, including required publication and noticing. Further, the City Clerk is directed to forward a copy of this resolution to the City 7 [Signature page 0051415 dated 950802] 950808 bdc 0051414 Attorney for preparation of an impartial analysis of the above measure. $BCTIQp S. The_Council finds that this resolution does not constitute a project subject to the California Environmental Quality Act. INTRODUCED AND PASSED: August 7, /995 AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, SIMITIAN, WHEELER NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED: Deputy City Manager for Administrative Services 8 950802 bdc 0051415