HomeMy WebLinkAboutStaff Report 395-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: OCTOBER 5, 2009 CMR: 395:09
REPORT TYPE: CONSENT CALENDAR
SUBJECT: 2nd Reading Adoption of an Uncodified Ordinance Extending the
Life of Valid Permits Which Are Currently Active or Are Approved
by June 30, 2010, Pursuant to Title 18 (Zoning) of the Palo Alto
Municipal Code
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance upon second reading,
reflecting the revisions made by the Council on September 21, 2009. The revisions are redlined
in the ordinance.
The ordinance includes the Planning and Transportation Commission (PTC) recommendation
revised to include staffs recomnlendation of an automatic one-year extension for Site and
Design and Planned Community projects with subsequent one-year extensions for those project
types requiring PTC review and Council approval. The changes enumerated below are in order
of appearance in the ordinance, and include:
• Deletion of Item (a)(3) which states: "Site and Design Review approvals and Planned
Conlffiunity zoning approvals may only be extended with City Council approval pursuant to
item ( c) below;
• Amendment of Item (b )(3) to add "after Automatic Extension( s)" after the word "extended"
and before "with"; and
• Amendment of (c) to replace "a maximum of two (2) years" with "one (1) additional year."
PREPARED BY: ~-~ (1 ~-----------------
Manager of Current Planning
DEPARTMENT HEAD REVIEW: % \)j~
CURTIS W LIAMS
vironment
CITY MANAGER APPROVAL:
CMR: 395:09 Page 1 of2
ATTACHMENTS
Attachment A:
CMR: 395:09
Proposed Ordinance
Page 2 of2
NOT YET APPROVED
Ordinance No. ----
Uncodified Ordinance of the Council of the City of Palo Alto
Extending the Life of Specific Permits Which Are Currently
Active Pursuant to Title 18 (Zoning) of the Palo
Alto Municipal Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Recitals.
A. Title 18 (Zoning) of the Palo Alto Municipal Code (P AMC) establishes
permit types, specific plan districts and general procedures including approval process, life of
pemlit and extensions, and
B. PAMC Title 18 provides that permits shall become null and void if not
exercised within one (1) year from the date of approval by the final review authority, with the
exception of Site and Design Review Permits which shall become null and void if not exercised
within two (2) years of such approval; and
C. P AMC Title 18 allows the Director of Planning and Community
Environment to approve extensions of time up to one (1) year to exercise certain permits if
requests for an extension of time are received and approved prior to the expiration of the original
permit; and
D. The City of Palo Alto has approved numerous permits of varying scale
pursuant to Title 18 of the Municipal Code. Such permits have been reviewed and approved by
the Director of Planning and Community Environment or City Council. Current timelines
established by Title 18 will result in the expiration of such permits within the near future; and
E. The current economic climate caused many construction projects to be
deferred until adequate financing can be secured by applicants and property owners. The current
timeline established for permits issued by the City of Palo Alto is an undue hardship on these
applicants and requires interim local government assistance; and
F. On July 22, 2009, the Plalming and Transportation Commission conducted a
public hearing to consider this ordinance and on July 29, 2009, the Commission recommended
approval to the City Council.
SECTION 2. Permit Extensions -Uncodified Ordinance.
(a) All permits, approved pursuant to the provisions of the City of Palo Alto
Municipal Code, Title 18, that are valid as of July 1, 2009 through June 30, 2010, are granted an
additional one (1) year Automatic Extension in which to exercise the permit, subject to the
following limitations:
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NOT YET APPROVED
(1) Automatic Extensions may only be applied after all other existing extensions
available in the zoning code have been exhausted and the project would otherwise expire;
(2) Project approvals that involve historic structures (including those identified as
potentially eligible for California Register designation) may only be extended with approval of
the Director pursuant to item (b) below; and
(3) Site and Design Revievi approvals and Planned Community zoning approvals
may only be extended v/ith City Counoil approval pursuant to item (0) belo\v.
(b) In addition to the provisions in (a) above and all other extensions of time that
are allowed (Allowed Extensions) pursuant to Title 18 of the Palo Alto Municipal Code, any
permit approved by the Director of Planning and Community Environment or City Council that
is valid as of the adoption of the this ordinance through June 30, 2010, may be granted up to an
additional one (1) year (Additional Extension) by the Director of Planning and Community
Environment if approved before the pending expiration date of the permit, subject to the
following limitations or allowances:
(1) The Director must find that the project would not adversely affect public
health or safety and would not substantially contlict with any applicable Zoning Code or
Comprehensive Plan changes that have been adopted by the City Council since the original
application was deemed complete, and may otherwise adjust project conditions to address nlinor
changes. The Director shall deny an extension request if either of these findings are not made.
(2) The Director may grant two one (1) year extensions for project approvals that
involve historic structures (including those identified as potentially eligible for California
Register designation) and did not receive an Automatic Extension; and
(3) Site and Design Review approvals and Plaluled Comnlunity zoning approvals
may only be extended after Automatic Extension(s) with City Council approval pursuant to item
(c) below.
(c) Site and Design Review approvals and Planned Community zoning approvals
may be extended for a maximum of hvo (2) years one 0) additional year with City Council
approval after review and recommendation by the Planning and Transportation Commission. In
order to grant such an extension, the City Council must find that the project would not adversely
affect public health or safety and would not substantially contlict with any applicable Zoning
Code or Comprehensive Plan changes that have been adopted by the City Council since the
original application was deemed complete, and may otherwise adjust project conditions to
address minor changes. The City Council shall deny an extension request if either of these
findings are not made.
(d) All Additional Extensions shall be subject to compliance with the City's
Green Building Requirements set forth in P AMC Chapter 18.44 as further defined in Green
Building requirenlents adopted by Council Resolution.
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( e) Fees for all extensions shall be collected to recover staff costs of
processing such extensions.
(f) This ordinance shall be reviewed by the Planning and Transportation
Commission and City Council not later than March of 2011 and annually thereafter to determine
whether it should renlain in effect, be repealed or further extended.
(g Nothing in this ordinance shall affect other performance or time
requirements imposed or associated with the subject permit (Conditions of Approval).
SECTION 3. Constitutionality; Severability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause and phrase thereof irrespective of the fact that anyone or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. This ordinance shall be effective upon the thirty-first (31st) day after
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
NOT PARTICIPATING:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
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3
APPROVED:
Mayor
City Manager
Director of Planning and
Community Environment