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Home My WebLink AboutORD 2699• • ORDINANCE NO. 2699 ORIGINAL ----- ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO IMPOSING A MORATORIUM ON THE DEMOLITION OF TYPE V STRUCfURES USED WHOLLY OR PARTLY FOR RESIDENTIAL OR DWELLING PURPOSES LOCATED WITHIN THE BOUNDARIES OF THE UNIVERSITY AVENUE FIRE ZONE I FOR A PERIOD OF NINE MONTHS D{}_RING THE ,~ENDENCY_ OF STUDI_ES OF THE ~_REA, AND ESTABLISHING AN EXCEPTION PROCEDURE The Council of the City of Palo Alto does ORDAIN as follows: ARTICLE I The City Council does hereby find and declare as follows: SECTION 1. There are several hundred buildings in the University Avenu~ ~rea of the City of Palo Alto desigriated as Fire Zone .J on the ''Official Fire Zone Map of the City of Palo Alto." SECTION 2. A substantial number {approximately 200) of said buildings are of Type V construction aSdefined in the Uniform Building Code, adopted and amended in Chapter 16.04 of the Palo Alto Municipal Code. SECTION 3: Most of said 200 buildings {approximately 150) are used for residential or dweliing putpost'.s and contain approximately 400 dwelling units. This use is either nonconforming under cunent zoning standards or less than the highest intensity. use perrniUeA _under existing zoning within said area. Said buildings are -shown on the map attached hereto as Exhibit "A 11 • SECTION 4. Substantial numbers of said Type V buildings used for residential or dwelling purposes are in immimmt danger of.demolition for subsequent construction of conforming uses or higher intensity uses in the next -nine -months. - SECTION 5. The City Council, Planning Commission, and the staff of the City of Palo Alto are currently engaged in studies of the appropriateness of the use of fire zones, possible changes in existing fire zone boundaries, possible changes in existing zoning, means and methods to rehabilitate housing, and other studies and. programs relating to the University Avenue downtown area of Palo Alto generally. - _ SECTION 6. There is an acute short~ge of housing for persons of low and mOderate incoqie in the City of Palo Alto. -The current..hollsi.ng stock in the downtown area constitutes a significant percentage .Qf the supply of Said -hoUSing.._ SECTION L. Current la~s prohibit maJor alterat'unS-and remodeling of'all nbnconforming buildings in ,Fire.' Zone t, whlclt ~as .led -to deterioratit)n of housjng and_ said Type V buildings. SECTION 8. The City Council: of the City of Palo Alto has established as city policy the goal of maintaining and enhancing existi~ housing in the University. Avenue Fire. Zone l where --practical. --- SECTION_ 9.-Demolition of said Type Y buildings for plirposes of creating-conforming ~ , . , uses or highek' intensity uses would impe~e said studies, or each of them, and tend to affect adVeiSely tl'' results and outcome thereof and any mbsequent actions of the Council of the City of Palo Alto, as well -as to deplete further the supply of housing for personi of low to moderate income in the_ Cit}• of P~o Alto. _ - -1 - I . . ,. I I • • ARTICLE 11 Based on the foregoing findings and declarations contained in' Article I hereof, the Council of th: c;ty of Palo AHo does ORDAIN as foHows: SECTION 1. During the effective period of this ordinance, no demolition pennit shall be issued for an)' Type V building used or available for residential or dwelHng purposes on the effective date hereof, located in the University Avenue downtown area of the City of Palo Alto designated as Fire Zone l on the "Official-Ffre Zone Map of the. City of Palo Alto'' and as shown on the map attached hereto as Exhibit "A'' SECTION 2. 'fhis ordinance shall not apply to any structure or building ordered demolished by the Chief Build·,ng Official pursuant to Chapter l 6AO of the Palo Alto Munidpal Code, nor to any building or stmcture, reconstruction cf which followfog a catastrophe, such as fire; would otherwise be prohib!ted under any provision of the Palo Alto Municipal Code. SECfION 3. Nothing in this ordinance shall be deemed to permit the conversion of Type V residential or dwelling buildings to commercial or industrial uses, m any-. other change or expansion of the use of said buildings, nor shall said ordinance· be deemed a suspension of any law or ordinance effective within tl1e City of. Palo Afto with the exception of that portion or portions of Section 301 of the Uniform Building Code, as adopted under Section 16.04.010 of the Palo Alto Municipal Code dealing with demolition, and Sections .16.04 075 and 16Jl4.077 of the Pa1o Alto Municipal Code affecting the geographic area described--herein. ~ECTJON 4. Any person having a financial interest in any parcel or parcels of property in the area desigi1ated as Fire Zone I. in the University Avenue downtown area of the City of Palo AHo, which property or properties are used for residential. or dwelling. purposes, and who claims that th~ moratorium estabHshed-by this ordinance creates an extraordinary. hardship for such person, may file a petition, not less than tw~lve { J 2) days prior to the date requested for hearing, with the City Clerk. for relief from the provisions of this o~dinance. Said petition shall be a~·:;ompanied by a filing fee of Thirty-five Dollars ($35.00:L Said application shall be in writing and shall .set forth with particularity all. facts and other -information. which petitioner avers establishes an extraordinary hardship upon him. Notice of a hearing upon petitioner's application shall be published at Jea~t once in a newspaper of general circulation in the City of Palo Alto, not less than four ( 4). days prior to the date at .which said application will be considered by the City Council, At said time and place shown in .said notice as published, the City Council shall hear petitioner and such other pcrwns as arc interested irt said parcel or parcel~ .or the application, and may grant the relief requested if: (a) Petitioner or his property ,or properties are so situated. that.ordinance .creates an t:xtrnordinary hardship upon e-ither_. or both; - (b) Petitioner's s.ituation, pucels !)r parcels are affected to a ~bsiantiaUy greater degree. by the operation. of this ordinance titan other persons or property similarly situated in the area · designated as t~e-Unive:r:jty Avenue ,Fire Zone . l, in -~he~ dcwntown area-of .. the City of Palo Alto; and - (c) An unusually-~<!verse effect upon the studies specffied in thl~ or4inance, or 'which may hereafter be commenced during the effective term hereof, or upon the policies of the City Council, . wiJl not be created by granting the relief requested. The burden of proof shall be upon the petitioner. : 2 - I . . . . - , . . . • • SEC..'TION 5. This ordinance shalt become effective upon the expiration of thirty days from its passage and shall expire and be of no further force and effect nine months from the effective date hereof. INTRODUCED: January 8, 1973, ., PASSED: January i2, 1973 AYES: Comstock, Henderson, Pearson, Rosenbaurn, Seman NOES: Beahl's, Berwald, Clark, Norton ABSENT: None ATTEST: Mayor APPROVED AS TO FORM: ~ Senior Assistant City Attorney Assistant City Manager -Social Services APPROVED: ~~,JJ-(~· Director of Plan11jng · · · APPROVED: ~~!,.<?~ Director of lnsi)ectional . Services •,J -3 - •l .. FlnE ZONE I lfGENO: • 45 susimss STRUCTURfS TYPE V STRUCTURES ® 384 OWHUNG UNfTS IN 131 RES!OENTIAI. STRUCTURES UNIVERSITY AVENUE F:RI; ZONE . , @. ; ' 5 COMBINfO llLIS!NfSS & RES!DENTl/ll STRUGTURES WITH 11 UNITS