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HomeMy WebLinkAboutORD 3070'. • • OR\Glt~AL ORDINAHCE NO. 3070 ORDlUANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDIUG ORDlt~AUCE HO. 3048 (ZONIUG REGULATIOUS) REGARDING NOHCOHFORMING USES, P-C ZONE USE PERT\1.ITS, VARIANCES FROM DENSITY REQUIREMEHTS AND MOBILE HOMES The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Sections 18.12.070, 18.17.070, 18.21.070, 18.23.070, 18.25~~27.070, and 18.29.070 of the Palo Alto rfunici.pal Code, ~do~ted March 2C, 1978, hy Ordinance No. 3048 and amended on June 19, 19.7 d, by Ordinance No. 30 611 ar1P hereby nmended to re.ad as fo llm·1s: 11 18._. 070 §~cL~J:.....E.£.g,:uir~_:len~. The follov:d.ng Ypecial requirements shall apply in the District: (a) Professional and medical office uses existing ·on the effective date. of this section and \vhich, prior to that dQ. te, ·were lawful conforming permitted uses or conditional uses operating subject to a Conditional Use Permit~ or which use.s we~e, prior to the effective date o.f this section, located :i...n an R~·l district which was imposed by reason of annexation of the prope·::-ty to the city without benefit of pre-zoning and which, prior to the date of annexation, were lawful conforming permitted uses or conditional uses operating subject to a Condi­ tional Use Permit, shall be deemed to be conforming uses. Such uses shall be pel.L!litted to :r.emodel, improve, or re­ place site improvements on the same site, without necessity to comply with site development regulations for continual use a.nu oc.cupancy by the same use; provided, that any such remodeling, improvement or replacement shall not result in increased floor area, number of offices~ height, length, or any other increase L:t size of the improvement, Any sucli remodeling, improvement< or replacement of any building designed and constructed for resid~ntial use shall be sub­ ject to the issuance of a Conditional Use Permit in accord with Chapter 18.90. "(b) Two family and multiple fa111i,ly U$eS existing on the effective date of this section and which, prior to that date, were lawful conforming permitted uses or conditional uses operating pursuant to a Conditional Use Permit, or which uses were, prior to the effective date of this sec­ tion, located in an R-1 district which was imposed by reason of ann~xation of the property to the city without benefit of pre-zoning and which, prior to the date of annexation, were lawful conforming pe.rmitted uses or con­ ditional. uses operating subject to a Conditional Use. Perm.it, tshall be deemed to be conforming uses. Such. uses shall be perrni tted to t•emode l, improve. or rep lace site improvements on the srune sita1 without ne~essity to comply with site development regulations fnr continual use and occupancy by the same use; provided, that any such remodeling, improve­ menti or replacQmont shall not result in increased floor area, nwnbcr of dwelling unitst height. length, or any other incrc:u&$o in the siia of the improvement:." ....................... ilim . . . . . . . . "':' ·. ~ -. .. . • • SECTION 2. Section 18.94.070(c) of the Palo Alto Municipal Code, Adopted March 20, 1978, by Ordinance No. 3048 is hereby amended to read as follows: u18. 94. 070 Nonconforrni.ng Use: Re~ired Termination. "(c) The Director. of Planning and Co!llI:lunity Environ­ ment shall determine those properties the use of which were lawfully existing uses permitted or conditionally permitted, in the districts in which they were located irmnediate~y pri.or to July 20, 1978, and which uses were rendered nonconforming by reason of the adoption of this Title July 20, 1978, and those properties ·which, prior to the effective date of this section were located in an R-1 district which was imoosed bv rease:n of annexa­ tion of the prope~·ty to the city \d. tho~Jt benefit of pre~, zouing, the usr;s of which \·!ere. lawfully existing t!ses permitted or conditionally permitted ope.rating subject to a qonditional Use Permit prior to the date of annexation. Written notic~ of sai.d nonconformance shall be mailed to the ow-ner of record of each such proi.H~rty and to the occu-· pant of the property. Within two (2) years of the date of !naili.ng of such notice 1 any 01-v"lrnr of such property~ l~~ssee. of such property with the w~i.ttt'-n conser1t of owner, or purchaser of such property when acting pursuant to a con­ tract of sale in writing duly executed and acknowledged by both the buyer and the owner of recordi may apply to have such p-:i::operty excepted from the. termination prov is ions of this section 18. 9L~. 070. Said application shall be made to the D:Lrec tor of Pl.:mn.ing and Community Environment i ".1 such form a$ may be -p~escribed by the Director .of Pl:J.T1.ning and Community Environment. Said application shall include, but not be limited to~ a statement of the location and size of the property, the nature ~f its use on July 20, 1978, a statement of reasons establishing the compatability of said use with the surrounding areas and properties;· a map of the subject property and indicating the location of all parcels or properties within a distance of 76.2 meters (250 feet) from th~ exterior boundary of the subject property, a. list, as shown on the last equalized assessment roll, of the name and address of the owner of record of each parcel, and the street address of each r~sidential, commercial, or industrial occupant, located within & distance of 76.2 meters (250 feet) from the exterior boundaries of the subject property, and Buch other information as may be required by the Director of Planning and Community Environment. • ... 0 SECTION 3. Section 18. 68, 020 of the ~alo Alco Muni.cipal Code, adopted Marcfl20, 1978, by Ordinance No. 3048 i~ hereby amefided to read as follows: n18.6S.020 AEPlicabtlity of r~gulations. The specific regulationa of th!s chapter. and tne aCta!tional regulations and procedures established by Chapters 18.83 to 18.99, in­ clusive, shall apply to all Planned Community Districts. Where the specific regulations for each Planned Conununity District established pursuant to this chapter differ from the regulations otherwise applicable, the provisions of this chapter shall apply. • • • "Witil respect to any P-C District appl.ied prior to brn effective d:lte of tid.s section, ;:i.11 provisions and conditions of any ordinances, resolutions, use pe:rmits, or other regulatory permits applicable to that district wi1 ich were adopted or is sued prior to the e.f f.ecti ve d,1 te hereof shall remain in full force and effect. In the event of any conflict between said provisions and condi­ tions and those set forth in this Title, said pre-existing provisions and conditions shall govern o s~ SECTION 4. Section l 8. 90.010 (a} of the Palo ll.l to ~~unici ~al C()de adopt·ed f4arch 20, 1978 5 by Ordinance l~o. 3048 is hereby :1mended to read as follows: 11 (a) }\ variance from U1c) site dcvc lopmcnt reg-u­ lati ons (except l:.rni.tations on i .Residential Dcn:~ity 1 dnd 'Size of Establishr;ent') and parki.nq c.u>d 10<'1ding req'ula­ t ion.s applicable cvithin any district, cstablisl»cd by this 'l'i t le. n GBC_'.F_ION_~. Section 18.88.140 of the Palo 1'\ito l<iu!1icipal Code adopted March 20, J.978, by Ordinance No. 30118 is hereby amended to read as fol lm<;s ~ ''18.88.140 Mobile homes; camp<:.!r:>, Occupancy of a mobile ho•ne, camper, 'trailer, motor 1i."om0, or similar mo tori :zed or non-motorized vehicle, whether for ter:1porary or permanent residence or for sleeping purposes only, shall be prohibit.ed, excE~pt in the following instances: "(a) In a mobile home park lawfully existing as a permitted use, as a conditional use, or as a law.ful non­ conforming use, and subject to all regulations applicable thereto. 11 (b) As may be authorized by a Conditional Use Permit for a temporary use, in accord with Chapter 18.90. 11 (c) Subject. to securing a permit therefor from the Building Official and otherwise complying with applicable law, use of R mobile home may be permitted for sleeping purposes only for a period not to exceed 30 consecutive 1ays in any calendar year for not more than two non-paying guests of the occupant of a s.ingle family dwelling, when the mobile home :ls placed on th 1a site of a .singlr~ family dwelling in accord with all applicable ?:e.gulations governing parking and storage of vehicles." SECTION 6. The Council finds th.at. an environmental impact asses;ment was prepared and adopted in connection with the adoption of Ordinance No. 3048 and that no further environmental impact assessment is n8cessary. -3- ~~-------------~----------------------------- I • • • SECTION 7. This ordinance shall become effective upon the commerie"ement of the thirty-first day following the day of its passage. INTRODUCED: ~1u1y 24, 'j 978 PASSED: August 7, 1978 AYES: NOES: ~renner, Clay, Eyer1y, Fazzino) Fletcherj Hendersont Sher~ Y.'itherspoon None ABSTENTIONS: None ABSENT: Carey Ci=fy Minager /,;;t~,~tA~~ _H_ f~ Dir~r of Planning ana:-"' Community Environment a. ~-G~ <LL- Dir APPROVED: -4-