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Home My WebLink About2001-12-03 City Council (4)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:DECEMBER 3, 2001 CMR:441:01 SUBJECT:2ND READING - ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS 18.04.030, 18.41.030, 18.43.030, 18.45.030 AND 18.49.050 OF THE PALO ALTO MUNICIPAL CODE TO PROHIBIT THE CONVERSION IN COMMERCIAL DISTRICTS OF GROUND FLOOR NON-OFFICE USES TO MEDICAL, PROFESSIONAL, ADMINISTRATIVE AND GENERAL BUSINESS OFFICES This report provides an alternative version of the ordinance passed at first reading on November 19, 2001. The following changes have been included in this alternative version: 1) Eating and drinking establishments (restaurants) have been added to the list of existing uses to be preserved in all commercial districts; 2)Wording in Section 1.B.3. of the ordinance has been modified; and 3)Housing on the ground floor of all commercial districts has been added to the list of existing uses to be preserved. DISCUSSION There was considerable discussion at the November 19 Council meeting about preserving housing along E1 Camino Real. Staff assumes this concern extends to ground floor housing in all commercial districts. Monitoring Pro~am Staff is proposing to report annually to Council on vacancy rates, number and type of permits requested for ground floor spaces in the area, and the sales tax generated. This data would be collected for six commercial areas with the CN, CS, CC and CD zoning districts. These areas would be selected based on their representativeness of typical commercial areas within the City. This monitoring program will enable Council to evaluate the overall health of the City’s commercial areas and the ordinance’s impact. CMR:441:O1 Page 1 of 6 ATTACHMENTS Alternate Ordinance protecting ground floor housing in all commercial zoning districts PREPARED BY: Chief Planning Official DEPARTMENT HEAD REVIEW: LES WHITE Interim Director of Planning and Community Environment EMILY HARRISON Assistant City Manager cc:Steve Quadro, Piazza’s Fine Foods, 3962 Middlefield Road, Palo Alto, CA 94303 Fred Alami, Charleston Cleaners, 3900 Middlefield Road, Palo Alto, CA 94303 Jerry Benton, Palo Alto Orthopedic Co., 3910 Middlefield Road, Palo Alto, CA 94303 Mark Sobin, Chamber of Commerce, 4274 Wilkie Way, Palo Alto, CA 94301 Hal Mickelson, P.O. Box 20062, Stanford, CA 94309 Matt Taylor, Knowhere Store, 2741 Middlefield Road, Palo Alto, CA 94303 Russ White, Yolke Corp., 2741 Middlefield Road, Palo Alto, CA 94303 Mike Haley, 79 Avalon Drive, Los Altos, CA 94022 David Lee, University Florist/Midtown Photo, 2717 Middlefield Road, Palo Alto, CA 94303 Sarah Tull, 711 Colorado Avenue, Palo Alto, CA 94303 Roger Kohter, 721 Colorado Avenue, Palo Alto, CA 94303 Babak Kahrobaie, Gate Cleaners, 2576 Middlefield Road, Palo Alto, CA 94303 Linda Jensen, WinterLodge, 3009 Middlefield Road, Palo Alto, CA 94303 Tony Carrasco, 120 Hamilton Avenue, Palo Alto, CA 94301 Sandy Destro, 2635 Middlefield Road, Palo Alto, CA 94306 Jeff Deaton, 2600 E1 Camino Real, #100, Palo Alto, CA 94306 Annette Ashton, 2747 Bryant Street, Palo Alto, CA 94306 Myllicent Hamilton 4014 Ben Lomond, Palo Alto, CA 94302 Charles G. Osborne, 255 Edlee Court, Palo Alto, CA 94306 Karen White, 146 Walter Hayes Drive, Palo Alto, CA 94306 CMR:441:01 Page 2 of 6 Marge Speidel, 3059 Louis Road, Palo Alto, CA 94303 Cornelia Pendleton, University Art, 267 Hamilton Avenue, Palo Alto, CA 94301 Lynn Chiapella, 631 Colorado Avenue, Palo Alto, CA 94306 Brenda Ross, 1521 Escobita Avenue, Palo Alto, CA 94301 Ronna Devincenzi, 2600 E1 Camino Real #100, Palo Alto, CA 94306 Pria Graves, 2130 Yale Street, Palo Alto, CA 94301 Debbie Mytels, 2824 Louis Road, Palo Alto, CA 94303 Will Beckett, 4189 Baker Avenue, Palo Alto, CA 94306 Tracy Price, Price Design, 715 Colorado Avenue, Palo Alto, CA 94306 Darrell Benatar, Surprise.corn, 719 Colorado Avenue, Palo Alto, CA 94303 Mike Cobb, Cobb Hogue Creative, 721 Colorado Avenue, Suite 103, Palo Alto, CA 94306 Kyle Sheridan, MD Expert.corn, 721 Colorado Avenue, Suite 200, Palo Alto, CA 94306 Lincoln A. Brooks, Brooks & Raub, 721 Colorado Avenue, Suite 101, Palo Alto, CA 94303 Bob Drogavich, VITE, 721 Colorado Avenue Suite 202, Palo Alto, CA 94303 Tom Foy, Midtown Realty, 2775A Middlfield Road, Palo Alto, CA 94306 Brian Irvine, Slamm’n Juice, 2717 Middlefield Road, Palo Alto, CA 94306 Matthew Pangalos, Longs Store, 2701 Middlefield Road, Palo Alto, CA 94306 Wilson Nicholls, Midtown Video, 2655 Middlefield Road, Palo Alto, CA 94306 Kevin Kermanshahi, Palo Alto Caf6, 2675 Middlefield Road, Palo Alto, CA 94306 Gary Flickinger, United Studio of Self Defense-Karate, 2675B Middlefield Road, Palo Alto, CA 94303 Larry Wells, Larry Wells Salon, 2685 Middlefield Road, Palo Alto, CA94306 Victoria Emmons, Victoria Emmons Catering, 2699 Middlefield Road, Palo Alto, CA 94306 Victoria Emmons, Victoria Emmons Restaurant, 2695 Middlefield Road, Palo Alto, CA 94306 Wilson Nicholls, Baskins-Robbins, 2625 Middlefield Road, Palo Alto, CA 94306 Henry Buckholdt, Let’s Draw, 2635 Middlefield Road, Palo Alto, CA 94306 Pam Golden, Score Kaplan, 2645 Middlefield Road, Palo Alto, CA 94306 Duane Bay, Sr., Palo Alto Coop Market, 2605 Middlefield Road, Palo Alto, CA 94306 Siamak Badiee, Starbucks, 2775 Middlefield Road, Palo Alto, CA 94306 Mike Cobb, 721 Colorado Avenue, #101, Palo Alto, CA 94303 M J Fisher, Trustee, 3861 Corina Way, Palo Alto, CA 94303 Thomas & Patricia Foy, Midtown Realty, 2775 Middlefield Road, Palo Alto, CA 94306 Paul Drapkin, Trustee, Drapkin Realty Trust, 2741 Middlefield Road, Palo Alto, CA 94306 David H & Alice A. Lee, et al, 712 Holly Oak Drive, Palo Alto, CA 94303 Duca & Hanley Properties, Inc., 19312 Athos Place, Saratoga, CA 95070 Consumers Cooperative Society of Palo Alto, Inc., 2605 Middlefield Road, Palo Alto, CA 94306 Roxy Rapp, P O Box 1672, Palo Alto, CA 94306 Elizabeth Kuremin, 170 Rollingwood Drive, San Rafael, CA 94901 Gertrude Haley Trust, c/o Kathleen Haley, 1473 Dana Avenue, Palo Alto, CA 94301 Gregory M & Phyllis C Aiura, 689 Colorado Avenue, Palo Alto, CA 94306 T & T Kanazawa, 702/705 Colorado Avenue, Palo Alto, CA 94303 Round Table Pizza, 906 Golden Way, Los Altos, CA 94024 Southland Corp7-11#14315, P O Box 219077, Dallas, TX 75221 Mrs. Betty Zeh, 720 Colorado Avenue, Palo Alto, CA 94303 Geoff Hicks, 722 Colorado Avenue, Palo Alto, CA 94303 CMR:441:01 Page 3 of 6 Lincoln A. Brooks, Brooks & Raub, 721 Colorado Avenue, Palo Alto, CA 94303 Kyle Sheridan, MD Expert.corn, 721 Colorado Avenue, Suite 200, Palo Alto, CA 94306 Philippe Masseron, 723 Colorado Avenue, Palo Alto, CA 94303 Elliot Brown, 724 Colorado Avenue, Palo Alto, CA 94303 Andrew Krend, 726 Colorado Avenue, Palo Alto, CA 94303 Taft Vickery, 727 Colorado Avenue, Palo Alto, CA 94303 Wan Ling Chen, P O Box 50281, Palo Alto, CA 94303 Bill Preucel, 728 Colorado Avenue, Palo Alto, CA 94303 Kevin V Lemley, 729 Colorado Avenue, Palo Alto, CA 94303 Jeff Hoel, 731 Colorado Avenue, Palo Alto, CA 94303 Geoff Provo, 733 Colorado Avenue, Palo Alto, CA 94303 David Lyons, PayTmst 5675, P O Box 880418, San Francisco, CA 94188-0418 Mary Longo, 735 Colorado Avenue, Palo Alto, CA 94303 Jeff & Laurie Gamelsky, 737 Colorado Avenue, Palo Alto, CA 94303 Benjamin Diament, 738 Colorado Avenue, Palo Alto, CA 94303 Patricia Bottorff, 739 Colorado Avenue, Palo Alto, CA 94303 Susan K Kertson, 744 Colorado Avenue, Palo Alto, CA 94303 Brian Keefe and Jian H Zhou, 747 Colorado Avenue, Apt. C, Palo Alto, CA 94303 Generosa Stables, 747 Colorado Avenue, Apt. B, Palo Alto, CA 94303 Robert & Lenore Cavallero, University Investments, 2799 Middlefield Road, Palo Alto, CA 94306 Safeway (1682), P O Box 39, Sun Valley, CA 91353 A Touch of Home, P O Box 297, San Lorenzo, CA 94580 Mike Carey, CC Trust, 2782 Woodbark Court, CA San Jose, CA 95117 Delia’s Cleaners, 2790 Middlefield Road, Palo Alto, CA 94306 Midtown Mart, 2796 Middlefield Road, Palo Alto, CA 94306 Cornish & Carey, 2762 Middlefield Road, Palo Alto, CA 94306 Midtown Beauty Shop, 2786 Middlefield Road, Palo Alto, CA 94306 Cornish & Carey, 2754 Middlefield Road, Palo Alto, CA 94306 Mark Kousnetz, c/o Wayne Mascia Assocs., 3945 Freedom Circle, Suite 350 Santa Clara, CA 95054 Murphy’s Pizza, 2710 Middlefield Road, Palo Alto, CA 94306 Best Video, 2710 Middlefietd Road, Palo Alto, CA 94306 Peninsula Hardware, 2676 Middlefield Road, Palo Alto, CA 94306 Mike’s Caf6, Etc., 2680 Middlefield Road, Palo Alto, CA 94306 DJM Capital Partners, 2570 W E1 Camino Real, Apt. 500, Mountain View, CA 94040 Alhouse-Deaton Mgrnt. & LSE, 2600 E1 Camino Real, Apt. 100, Palo Alto, CA 94306 Dr. Cynthia Dutro, 2635 Middlefield Road, Palo Alto, CA 94306 Dirk Bergstrom, 2620 Middlefield Road, Palo Alto, CA 94306 Washington Mutual, 2846 Middlefield Road, Palo Alto, CA 94306 Dieter L & Eva, 2720 Middlefield Road, Palo Alto, CA 94306 Edwards Company, 2778 Middlefield Road, Palo Alto, CA 94306 CW Carey & Parks, LP, 2846 Middlefield Road, Palo Alto, CA 94306 Meyer & Hannah Scher, 2688 Middlefield Road, Palo Alto, CA 94306 Gregory M & Phyllis C Hura, 869 Colorado A.venue, Palo Alto, CA 94306 Midtown Cleaners, 2740 Middlefield Road, Palo Alto, CA 94306 Midtown Retail Partners LP A CA LP, 3902 Middlefield Road, Palo Alto, CA 94303 CMR:441:01 Page 4 of 6 Famille Chen Corporation, Neighborhood Liquor & Video, Charleston ShoppingCenter, 3918 Middlefield Road, Palo Alto, CA 94303 Sophia Omar, Caf6 Sophia Roasting Co., Charleston Shopping Center, 3904 Middlefield Road, Palo Alto, CA 94303 Deb Glerum, Serra Park Dental, Charleston Shopping Center, 3920 Middlefield Road, Palo Alto, CA 94303 Nancy Chan, PT RD, Back to Fitness, Charleston Shopping Center, 3906 Middlefield Road, Palo Alto, CA 94303 Stephanie Spencer, Gymboree Play & Music Palo Alto, Charleston Shopping Center, 3908 Middlefield Road, Palo Alto, CA 94303 Laleh Jones, Laleh Hair Design, Charleston Shopping Center, 3942 Middlefield Road, Palo Alto, CA 94303 Greg/Ann, Rick’s Rather Rich Ice Cream, Charleston Shopping Center, 3946 Middlefield Road, Palo Alto, CA 94303 Tony Nicosia, Charleston Barber Shop, Charleston Shopping Center, 3966 Middlefield Road, Palo Alto, CA 94303 Jennifer Lee, Feng Yuan Restaurant, Charleston Shopping Center, 3950 Middlefield Road, Palo Alto, CA 94303 Amanda J Martin, State Farm Insurance, Charleston Shopping Center, 3968 Middlefield Road, Palo Alto, CA 94303 Tom Fehr, Feshback Bros., 2700 Middlefield Road, Palo Alto, CA 94303 Gregory & Phyllis Hiura, 689 Colorado Avenue, Palo Alto, CA 94303 Audrey Jacob, Thoits Bros., 245 Lytton Avenue, Suite 300, Palo Alto, CA 94301 D John Miller, 333 W. Santa Clara Street, #610, San Jose, CA 95113 Dorothy Bender, 591 Military Way, Palo Alto, CA 94306 Ron Theis, 507 Homer Avenue, Palo Alto, CA 94301 Joy Ogawa, 2305 Yale Street, Palo Alto, CA 94306 E. Gavenman and G. Gavenman, 321 Richelieu Court, Los Altos, CA 94022 A. Oeschger for Chilcote Trust Estate, P. O. Box 60058, Palo alto, CA 94306 Terry Shuchet, 290 California Avenue, Palo Alto, CA 94306 Jean Fiske, 3861 Corina Way, Palo alto, CA 94303 Steve Jarvis, 540 University Avenue, Palo Alto, CA 94301 Richard B. Reyes, 2417 Park Blvd., Palo Alto, CA 94306 Mark Sabin, 4274 Wilkie Way, Palo Alto, CA 94306 Stephanie Wansek, 235 Hamilton Avenue, Palo Alto, CA 94301 Mehmood Taqui, 3090 Middlefield Road, Palo Alto, CA 94306 Bruce Barry, 431 Florence Street, #220, Palo Alto, CA 94301 Donald Douglas, 101 California Avenue, Palo Alto, CA 94306 Nina Moore, 101 California Avenue, Palo Alto, CA 94306 Norman Weinstraub, 109 California Avenue, Palo Alto, CA 94306 Deborah Teixeira, 109 California Avenue, Palo Alto, CA 94306 Karen Holman, 725 Homer Avenue, Palo Alto, CA 94301 Jon Goldman, 172 University Avenue, Palo Alto, CA 94301 Jim Baer, 172 University Avenue, Palo Alto, CA 94301 Bill Phillips, 2770 Sand Hill Road, Menlo Park, CA 94025 Carolyn Johnson, 660 Stanford Shopping Center, Palo Alto, CA 94304 CMR:441:01 Page 5 of 6 Tracy Hutchison, Palo Alto Chamber of Commerce, 325 Forest Avenue, Palo Alto, CA 94301 Candace Peterson, Thoits Brothers, 629 Emerson Street, Palo Alto, CA 94301 CMR:441:01 Page 6 of 6 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS 18.04.030, 18.41.030, 18.43.030, 18.45.030 and 18.49.050 OF THE PALO ALTO MUNICIPAL CODE TO PROHIBIT THE CONVERSION IN COMMERCIAL DISTRICTS OF GROUND FLOOR NON- OFFICE USES TO MEDICAL, PROFESSIONAL, ADMINISTRATIVE AND GENERAL BUSINESS OFFICES The City Council of the City of Palo Alto does ORDAIN as follows: SECTION i. A. The Planning Commission, after duly noticed hearings held August 8 and 29, 2001, has recommended that the Palo Alto Municipal Code be amended to prohibit the conversion in commercial districts of non-office uses to medical, professional and general business offices; and B. The City Council, after due consideration of the recommendation, finds that: I. Retail service plays a vital role in the livability of the City and is an essential element in providing City residents with shopping convenience for their various needs. 2. Retail service in the City’s numerous commercial shopping areas is a critical component in the City’s goal of becoming a more walkable community. 3. The City at times has experienced an unprecedented sustained demand for office space. ~-~**~ ~.L~ ~ .... ~ ~;~ result,buildings which traditionally have been used for retail service have been converted to office space. 4. This displacement of retail service imposes a hardship on local residents, particularly those with reduced mobility, increases already serious traffic congestion, exacerbates an already significant surplus of jobs over housing, and leads to a decline in quality of life. O11129 syn 0090892 5. Because existing retail service facilities depend upon a concentration of such uses to maintain their economic viability, continued loss of these uses would jeopardize retail service in the City’s commercial districts. 6. The proposed amendments are in the public interest and will promote the public health, safety and welfare. SECTION 2. Section 18.04.030 of the Palo Alto Municipal Code is hereby amended to add subsection 18.04.030(a) (65.5) as follows: 18.04.030 Definitions. (a) (65.5) is above grade. "Ground floor" means the first floor which SECTION 3. Section 18.41.030 of the Palo Alto Municipal Code is hereby amended as follows: 18.41.030 Permitted uses. The following uses shall neighborhood commercial district:~ be permitted in the CN (a) Accessory facilities incidental to permitted uses; and uses customarily (b) Animal care, but excluding boarding and kennels; (c) Day care centers, large day care homes, small day care homes and residential care homes; (d) Eating and drinking services, except drive-in and take-out services; (e) Home occupations,when accessory to residential uses; permitted (f) Lodging; (g) Medical, professiona!, and general business offices located on any floor other than the ground floor of a building, as limited by Section 18.41.050(1); O11129 syn 0090892 (h) Medical, professional, and general business offices located on the ground floor of a building, as limited by Section 18.41.050(1), which (I) have been continuously in existence in that space since March 19, 2001, and, as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.95 of this code; (2) occupy a space that was not occupied by housinq, retail services, personal services, eating and drinkinq services, or automotive service on March 19, 2001 or thereafter; (3) occupy a space that was vacant on March 19, 2001; (4) are located in new or remodeled ground floor areas built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinkinq services, personal services, and automobile services does not decrease; or (5) are on a site located in an area subject to a Specific Plan or Coordinated Area Plan, which specifically allows for such ground floor medical, professional and general business offices; (i) (j) Personal services; Retail services, excluding liquor stores; (k) Reverse vending machines, subject to regulations established by Chapter 18.88 of this code; (1) Single-family uses, two-family uses, and multiple- family uses; provided, residential uses shall not be permitted in the Charleston Shopping Center or in the Midtown Shopping District. For the purposes of this section, "Charleston Shopping Center" is defined as all properties zoned CN and bounded by East Charleston Road, Middlefield Road, and Cubberley High School; and "Midtown Shopping District" is defined as all properties zoned CN in the vicinity of the intersection of Colorado Avenue and Middlefield Road which border Moreno, Bryson and Colorado Avenues and San Carlos Court, or which border Middlefield Road in the area extending from Moreno Avenue to San Carlos Court; (m) Neighborhood business services. SECTION 4. Section 18.43.030 of the Palo Alto Municipal Code is hereby amended as follows: 18.43.030 Permitted uses. The following uses community commercial district: O11129 syn 0090892 shall be permitted in the CC (a) Accessory facilities incidental to permitted uses; and uses customarily (b) Animal care, but excluding boarding and kennels; (c) (d) Business and trade schools; Churches and religious institutions; (e) Convalescent facilities; (f) Day care centers, large day care homes, small day care homes and residential care homes; g) Eating and drinking services, except drive-in and take-out services; h) Financial services, except drive-in services; i) Home residential uses; occupations, when accessory to permitted (j)Hotels without kitchen facilities; (k)Lodging; (i) Medical, professional} and general business offices located on any floor other than the ground floor of a building; (m) Medical, professional, and general business offices located on the ground floor of a building, as limited by Section 18.45.070(f), which (i) have been continuously in existence in that space since March 19, 2001, and, as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.95 of this code; (2) occupy a space that was not occupied by housinq, retail services, eatinq and drinkinq services, personal services, or automotive services on March 19, 2001 or thereafter; (3) occupy a space that was vacant on March 19, 2001; (4) are located in new or remodeled ground floor areas built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinkinq services, personal services, and automobile services does not decrease; or (5) are on a site located in an area subject to a Specific Plan or Coordinated Area Plan, which specifically allows for such ground floor medica!, professional and general business offices; O11129 syn 0090892 4 (n) (o) (p) (q) (r) (s) Mortuaries; Personal services; Private clubs, lodges, or fraternal organizations; Private educational facilities; Retail services and shopping centers; Reverse vending machines, subject two-family uses, established by Chapter 18.88 of this code. (t) Single-family uses, family uses. SECTION 5.Section 18.45.030 Municipal Code is hereby amended as follows: 18.45.030 Permitted uses. to regulations and multiple- of the Palo Alto The following uses shall be permitted in the CS service commercial district: (a) Accessory facilities and uses customarily incidental to permitted uses; (b) Administrative office services, as limitedby Section 18.45.070(f); (c)Animal care, but excluding boarding and kennels; (d)Business and trade schools; (e)Churches and religious institutions; (f)Convalescent facilities; (g) Day care centers, large day care homes, small family day care homes and residential care homes; (h) Eating and drinking services, except drive-in and take-out services; (i)Financial services, except drive-in; (j)General business services; O11129 syn 0090892 (k) Home occupations, when residential uses; accessory to permitted (i)Hotels without kitchen facilities; (m)Lodging; (n)Medical, professional, and general business offices located on any floor other than the ground floor of a building, as limited by Section 18.45.070(f); (o) Medical, professional, and general business offices located on the ground floor of a building, which either: (I) have been continuously in existence in that space since March 19, 2001, and, as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.95 of this code; (2) occupy a space that was not occupied by housinq, retail services, eatinq and drinkinq services, personal services, or automotive services on March 19, 2001 or thereafter; (3) in the case of properties with a frontage on E1 Camino Real, were not occupied by housing on March 19, 2001; (4) occupy a space that was vacant on March 19, 2001; (5) are located in new or remodeled ground floor areas built on or after March 19, 2001 if the ground floor area devoted to housinq, retail services, eatinq and drinkin~ services, personal services, and automobile services does not decrease; or (6) are on a site located in an area subject to a Specific Plan or Coordinated Area Plan, which specifically allows for such ground floor medical, professional and general business offices; (p)Mortuaries; (q)Personal services; (r)Private clubs, lodges, or fraternal organizations; (s)Private educational facilities; (t)Retail services; (u) Reverse vending machines, subject to regulations established by Chapter 18.88 of this code; (v)Single-family uses, two-family uses, and multiple- family uses. SECTION 6. Section 18.49.050 of the Palo Alto Municipal Code is hereby amended as follows: The matrix entry for Medical, 6 O11129 syn 0090892 professional and general business offices is hereby deleted in its entirety and replaced with the following: Uses Medical, professional, and general business offices located on any floor other than the ground floor of a building Medical, professional, and general business offices located on the ground floor of a building, which (I) have been continuously in existence in that space since March 19, 2001, and, as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.95 of this code; (2) occupy a space that was not occupied by housing, retail services; eatinq and drinking services, personal services,or automotive service on March 19, 2001 or thereafter; (3) occupy a space that was vacant on March 19, 2001; (4) are located in new or remodeled ground floor areas built on or after March 19, 2001 if the ground floor area devoted to housing,retail services,eatinq and drinkinq services, persona!services,and automobile services does not decrease;or (5) are on a site located in an area subject to a Specific Plan or Coordinated Area Plan, which specifically allows for such ground floor medical, professional and general business offices; CD-C CD-S CD-N Permitted Permitted*Permitted** Permitted Permitted*Permitted** *As limited by Section 18.49.080(d) below. ** As limited by Section 18.49.090(d) below. 7 O11129 syn 0090892 SECTION 7. The City Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15305 (Minor Alterations in Land use Limitations) of the CEQA Guidelines. SECTION 8.If a completed application for discretionary review, (or if no discretionary review is required, for building permit), had been filed with the City prior to March 19, 2001, for the conversion of groundf!oor space previously used for housinq, retail services, eatinq and drinkinq services, personal services, or automotive services to other uses, the converted space shall be treated as space occupied by uses other than housing, retail services, eatinq and drinking services, personal services, or automotive services as of March 19, 2001. SECTION 9. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Director of Planning and Community Environment Ol 1129 syn 0090892 8