HomeMy WebLinkAboutORD 2751., --... ., • • ORIGINAL
ORDINANCE NU. 2751
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
SUSPENDING CO~~ERSION OF APARTMENT BUILDINGS TO
CONDOMINIUMS DURING THE PENDENCY OF STUDIES, AND
PROVIDING AN EXCEPTION PROCEDURE
I.
The Council of the City ot Palo A!to hereby finds:
1. Numerous apartments exist in the City of Palo Altc.
2. Many of said apartments have been converted to condominiums
in the last several months and further applications are
pending or expected.
3. Such conversions are minimally regulated by state law
or Palo Alto ordinance.
4. Fire safety, noise, parking, maintenance and consumer
protection are of serious concern.
5. Conversion of existing apartment buildings to condominiums
causes severe financial and relocation problems for
existing tenants and reduces the supply of rental housing
in the City.
b. The State Legislature, city staft ana City Attorney
have embarked upon studies of this problem, with a
view toward new legislation regulating such conversions
in the interest ot the public health, safety and welfare.
7. Further conversion ot apartment buildings to condominiums
will h:i.nder, impede and hamper such studies; the effects
of such conversion duri.ng the study period will be largely
irreversible; and the resu!ts and recommendations of such
studies may well be made moot by conve-~sions during the
period of such studies.
II.
The Council of the City of Palo Alto does URDAIN as follows:
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SECTION 1. For six months from the effect~ve date of this
orainaqce, no existing apartment building shall be converted to
condominiums. No tentative subdivision map or any type of parcel
map shall be accepted, processed or approved for conversion of
apartments to condominiums, except apartments under construction
which were reviewed by the Architectural Review Board and which
were designed to be sold as condominiums at the time of such review.
SECTION ~. Any person having a financial interest ~n any
parcel or parcels ot property devoted to apartment house use in
the City of Palo Alto and who claims that the moratorium esta
blished by this ordinance creates an extraorainary harash1p for
such person, may file a pet1tion, not less than twelve (12) days
prior to the date requested tor hearing, w1th the city Clerk for
relief from the provisions of this ordinance. Saia petition shall
be accompanied by a filing fee of Thirty-tive Dollars (~35.00}.
Said application shall be in writing and shall set forth with
particularity all facts and other information which petitioner
avers establiEhes an extraordinary hardship upon him. Notice Of
a hearing upon petitioner's application shall be published at
least once in a newspaper of general circulation in the City of
Palo Alto, not less than four l4) 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 persons as
are interested in said parcel or parcelst or the application,
and may grant the relief requested it:
{a) Petitioner or his property or properties are so
situated that the ordinance creates aq extraordinary hardship
upon either or both;
(b) Petitioner' s situation, parcel or r-.:orce.l s are af fcctect
to a substantially greater degree by the operation ot this
ordinance than other persons oc property similarly situated
in the City of Palo Alto; and
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(c) An unusually adverse effect upon the studies specified
in this ordinance, or which may hereafter be commenced during the
term hereof, or upon the policies of the City Council, will not
be created by granting the relief requested. The burden of proof
shall be upon the petitioner.
SECTION 3. This ordinance shall become effective upon the
expiration of thirty days from its passage and shall expire and
be of no further force and effect six months from the effective
date hereof without further action of the Council of the City
of Palo Alto.
INTRODUCED: October 29, 1973
PASSED: November 12, 1973
AYES: Comstock~ Hend~rson, Pearson, Rosenbaum, Sher
NOES: Beahrs, Clay, Norton
ABSENT: Berwald
ATTEST:
APPROVED AS TO FORM;
APPROVED:
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APPROVED AS CONTENT:
Dl. Vl.Sl.On
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Mayor
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