HomeMy WebLinkAboutStaff Report 10832
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
November 18, 2019
The Honorable City Council
Palo Alto, California
SECOND READING: Adoption of an Ordinance Amending Section
21.20.301 (Flag Lots) of Chapter 21.20 (Design) of Title 20
(Subdivisions and Other Divisions of Land) of the Palo Alto Municipal
Code (FIRST READING: October 28, 2019 PASSED: 5-0 DuBois, Filseth
Absent)
This Ordinance was first heard by the Council on October 28, 2019, where it was adopted
without change, with a vote of 5-0, Mayor Filseth and Council Member DuBois absent. It is now
before the Council for the second reading.
ATTACHMENTS:
• Attachment A: Ordinance (PDF)
Department Head: Beth Minor, City Clerk
Page 2
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ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Amending Section
21.20.301 (Flag Lots) of Chapter 21.20 (Design) of Title 20 (Subdivisions
and Other Divisions of Land) of the Palo Alto Municipal Code.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 21.20.301 (Flag Lots) of Chapter 21.20 (Design) of Title 21
(Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code is hereby amended
to read as follows:
21.20.301 Flag Lots
(a) The director of planning may approve, pursuant to a preliminary parcel map, not
more than one flag lot, as defined in Title 18 of this code, under the following
conditions:
(1) The flag lot shall be used only for single-family residential use;
(2) The flag lot shall meet all of the requirements of the zone district within which it
is located and, in addition, shall have an area which exceeds the lot area
requirement of the zone district by not less than twenty percent exclusive of any
portion of the lot used for access to a public street., except when the flag lot to
be created contains a residence with recorded preservation covenants, where
the flag lot area is not required to exceed the lot requirement of the zone district
and no request for nor approval of exceptions to said standards shall be
required; and
(3) Access from the flag lot to a public street shall not be over an easement but over
land under the same ownership as the flag lot. Such access shall have a
minimum width of fifteen feet and shall have a paved way not less than ten feet
in width.,
(4) Notwithstanding the foregoing, if except whenthe flag lot or adjacent lot to be
created contains a residence with recorded preservation covenants, where the
flag lot area is not required to exceed the lot requirement of the zone district
and the flag lot access may be over an easement or land under the same
ownership, the access shall have a minimum width of twelve feet for a maximum
length no more than 100 feet, and shall have a paved way not less than ten feet
in width, and no request for nor approval of exceptions to said standards shall be
required.
(b) Notwithstanding the foregoing, the creation of flag lots, as defined in Title 18 of this
code, shall be prohibited in the R-1 single-family residence district, and no exceptions
shall be granted therefore; provided, however, that:
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(1) Flag lots may be created in the R-1 zone district pursuant to Title 18 as long as a
the residence thereon has a recorded preservation covenant is recorded for a
historic resource located on the flag lot or on an adjacent lot to be created; and
(2) Flag lots in the R-1 zone district shall comply with the requirements stated in
subsection (a), except that smaller lot areas may be approved pursuant to
Section 18.12.140 of Title 18.
(3) Flag lots validly existing in the R-1 district as of the effective date of said
prohibition shall, nonetheless, be recognized as legal lots for purposes of this
Title 21 only. Development of such existing flag lots shall be subject to all
applicable provisions of Title 18 of this code as of the date of any such proposed
development.
SECTION 2. The Council finds that the Ordinance is exempt from the provisions of
the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15305,
because it is a minor alteration in land use limitations, and section 15308, because it is an
action taken for the protection of historic resources.
SECTION 3. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
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Director of Planning and Development
Services
____________________________
Director of Administrative
Services