HomeMy WebLinkAbout0329.0921ao.J 'I
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.July 9, 1992
HONORABLE CITY COUNCIL
Palo Alto, California
ZONING ORDIN~CE CLEAN-UP
Members of the Co~ncil:
In the March 11, 1991 adoption of ordinance No. 4016 amending
vaiious sections of the City's zoning regl.Jlations~ sl!bsection (d)
of Section IB.94.100, pertai~ing to the repl~cement of a
noncomplying f~cility in R-l and RE zone districts, was
inadvertently omitted. The attached ordinance and Negative
Declaration reinsert this subsection.
On June 10, 1992, the Planning Commission re .... iewed the attached
ordinance and Negative Declaration and recommended approv~l.
Staff Recommenda_'t;i-on
staff recommends that the City Council adopt the
COifIl:l.ission 15 reco:mmendation to: 1) approve the attactled
Declaration; and 2) adopt the attached ordinance.
Planning
Negative
Respectfully submitted r
MICHAEL W. BILLS
Planning Technician
~~~
Assistant City Manager
Attachments: Negative Declaration
Ordinance
cc: Planning Commission
CMR:l29:92
KENNETH R. SCHREIBER
Director of Planning and
Community Environment
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E.'Ovironm~ntal Documents· City c-f P;:.lo AHa
ENV i RONMENT~,'SSESSMEN I
Projact ~Striptior./Ti.tle: P.wosed adoption of it; s.ingle~ston overtu . .1.QD.L...
whkb modifies tne _site-delo'elQpmen.t regulations of t~~ _R::! or R·] special
rujdentlaJ building sHe t...Qmbining distT;ct as t~ll pertain to the-tr.lli:? __
identified below. ___ _
~oc~tion/Address: Walnut Grove Neighborhood Un.~~_ts 1128'& 11351
Sponsoring Agency/App1icant: ti1t of Pa10 Alto
Address and Telephone of App1ic.:ant: ~_~Jl.~rtment of PlanniM an.9' CC:h'nmunHy
Envjronment~ 250 Hamilton Avenue. Pale Alto. CA 9430L--l415) 329-2230
App 1 i '3 t i on for: lollJnt§e--"Jcf11i.!!:nlJlg].,~ __ : _____ ~~ ___ ~_~ ____ _
(e.g. ~ zoning change, subdivision of .orrperty. architectural revie~. use
peroit)
Zoning at Project lDcat~on: R-l(650) & R-l1l!ll Fe2 Receipt No.: N/A
NOTICE OF DETERM!NATION
Based upon review of the project files, the underSigned member of the Planning
Department has cnnclude~:
\x\ ?+e-gat1ve Dec1aratioa: The prilject has no significant envlror.mentai
impact. No Environmelltal Impact Report is required. The rca!'ions for a
Negative Declaration are:
in the attach_ed initial study_
~] The project may ha,;'-e a significant enviionMer.tal irr:pact. An
En· .... ironmental Impact Re-port will bi'! prepi3red.
fl"o,ng Oepartment Offici,l: 7Y'~~1{ fl.;i,f
Planning Director: ~M. s;dnJ-e. O.te: s/;L.J?(~ ,
The project has been approv~d. Date:
The proje:ct has been denied. Date:
Rev; sed 8(1(79 " FilE NQ_: 92-E!~-14
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~LNVIRqNMEN1Al DOCUMENTS PALO ALTO
IN1Tr~j STUDY* **
I. Project Title/.'ddress: W.lnut Gr"," Neighborbood rr,,_ctslI28 & U-ID-
II. Project [1~sc!"iptiOI"l: Proposed adoption of a single-stort Qyertay l(lne
which modifies the site d~velopment regulations c1-1he R-l or R-I
special residential building site combining distr?ct as they pertain to
the ab{Jve tracts,
III. cnlJironmental Se-tting: Single-famih detaehed residertial r:eighb9rhQod
c:cmDQsed almost exclustveh pr Single-storY Ejch1er or Burke and Wyatt
house-s.
I~. Environmental impact Check.list (Explanation of all "yes'" answers are in
Section ~)
1. Earth. ~;11 the proposal result i~:
i. Uns~ab:c earth conditions or cnangps
in geologic sub5tructur~s?
b. Disruptions, displacements, compac
tiDn or overcovering of the 50il
c. Change in topography or grvund
surfac! relief features?
d. The destruction, covering or modi
ficlti~n of any unique geologic or
Physical features?
e. Any increas~ in wind or ~ater erOSion
of soils, either on or off the site?
f. (xpos~r€ of people or prop~rty to
geologlc hazards such as earthqulke~,
landslides, muds1ides, grGund fai1~rg
or similar hazards?
g. Changes in siltation, deposition, or
erosioll which may lOOdif,)' the channel
of ~ river or the bed of a bay C~
inlet?
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* Adapted from ft.ppendix I. California Guidelines for Implementation of
CE~A. December 14, 1976_
** Updated May 1982, June 1983
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3.
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Ail". Will the proposal result in:
a. Substantia1 air emissions or de
terioration of ambient air qua1ity?
b. The ~reat 1o'n of object ionable odors?
c. Alteration of 3ir movement, moisture
temperature, or any change in cli
rnate, either 10ca11.1 or !'egional?
H9ter_ Will the proposal result in:
a. Changes in absorption rates, drainage
patterns, or the rate and amount ~f
surface w~ter runoff?
D. Alterations to the course or flow of
flood waters?
c. Discharge into surface waters, or in
any alteration of surface water
quality, including but not limited to
temperature, dissolved oxygen or
turbidity?
d. Alteration of the dire,tlon or rate
of flo~ of ground waters?
e. ElCposure of peopl,e or property to
water related hazards such is f1001-
ir.g or tidal wave!
f. Change 1n the quarlt lty of ground
waters. either through ~irect
add; t f on s or withdrawa 1 s? or through
interceptions of an aqwifer by cuts
or exciI.\latiol"!'s?
4. Piant life_ Win the proposal r'C!suH in:
a. Change in the diversity of spe~ies, or
r.umber of allY species of plar.ts (in
cl;Jding trt:'E!s, shrubs, grass, crops,
micrcflora and aquatic plantiJ?
b. Reduction of the numbers af any
unique, rdre or endangered species
of plants?
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c. !ntroductio~ of r.e~ sp~cies of
plants into an area, ~r in a barri~r
to the norrn~l replenishment of
existing sp~cies?
d. Reduction in acreage of any
agricultural crop?
Anf~al life. Will tMe proposal result in:
i. C~c~ge in the div€rsity cf species,
~r of anJ !~~'ies of unim~l~ ttird~,
land animals including reptiles,
fisn and shellfi:>! *nthic organisms,
insects or microfauna}?
b. Reduction of the numbers of any
~niGue. rar~ or endangered species
of animals?
c. Introduction of new species cf
animals into an area, or result in
a barrier to the migration or move
ment of animals?
d. Deterjaration in existi~g fish or
wild1ife habitat?
6. tl21ll. Will the proposal result in:
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8.
i. Increases in existing noi se level s?
b. Exposure of peop1e to severE noise
levels?
1.i9h.L,nd Glare. ~i1l the proposal
produce new light glare?
La"d~!. Will th~ proposal result in
a SUbstantial alteration of the present
or p1anned land use of an ~rea?
9. £nergylNatural Res_Qurces. Will the
proposal result in:
i. Use of 5ubstar.tiar amounts of fuel
or energy:
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10.
11.
b. Substantial increase in d€l!IailC upon
existirl9 sources of energy, or
req~!re th~ de~~lopment of new
s~urces or e~ergy?
c. Increase in the rate of use of any
natural r~sources?
d. $ubstal1tial depl€tion of an), r.onre
newab1e natural resource?
Ri sk of J.mill. Does the propesal
involve a risk of an explosion or t~e
release of hazardous substances {in
cluding l but not limited tOr o;l~
pesticides, chemicals or radiation} in
the event of an aCC1cent or upset?
pooulation/Housing.
a. Will the pro~osal alter the location,
distribution. density. or growth rate
of the human population of an area?
b. Will the proposal effect existing
housing, or ct~e-ate a de:fl1and for
additional housing?
12. Tran"portation/Circl.!.l!.lion. Will the
proposal result in:
a. Generation of substantial additional
veti; c'.: i 4l'" movement?
b. Effects on eXisting parking farili
ties, or del11anc fer new parking?
c. Alterations to pr~sent patterns of
circulation ar movement of people
and/or goods?
d. Increase in traffic hazards to motor
~ehicles, bicyclists or pedestrians?
13. Public Servlc'?s. Will the proposa1 have
an effect upon, or result in a need for new
or altered governmental services in any of
the foiiowing areas:
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i. Fire protection?
~. Police protection?
C. Schools?
d. Parks or other recreational
facfTities?
e. Maintenance {)f publfc facilities,
includfng rOids?
f. Other governmental services?
14. Utilities. Will the proposal r.sult in ,
nesd for n€w syst~m~, or substantia1
alterations to the following utilities:
a~ Paw!r or natur.l gas?
b. Communications s.ystems?
c. Wate .... ?
d. Sewer or septic tank?
e. Storm water drainage?
f. Solid •• st. and disposal?
15. HYman Health. Will the proposal result
in;
a. Creaticn of any ntalth hazard or
potential health h~l~rd (exclud~n9
mental heaitn),?
b. Expo5u~e of ~~ople to poteioti1l
health hazards?
Hi. Aesthetics. IIt11 the proposal res ... 1t
in the obstruct~on of any scenic vitta
or view open to the public, or will the
proposal result in t~e cre~tion of In
aesthetically offensi~e site open to
ilublic 'View'?
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i7. ~g;:rtati9n. '1)11 the pruposal rE!~uH
In an imp6ct ~pcn the qwal1ty or Quantity
of existing recreational opportunities?
jS. ~Ml1ural R~59urc~s.
a. Will the proposal re~u't in the
alteration cF/or the destruction
~f ~ prehistoric or historic
archaeological site?
o. ~~11 the proposal result in ad
verse p~ysica' or aesthetic effects
to I prehistoric or h;st~ric
building, structure; or object?
c. Does tne pr{)posal have the potential
to caus.e i physical change which
wo~ld affect unique cultural ¥alues?
d. Will the proposal restrict existing
religious or sacred uses within the
pote-ntfal impact area?
19. Mjvdatory Findings of Significance.
,J. o.~es the ~roject have the ,potential to
degrade the quallty of the environment,
substanUal1y reduce Ue habi tat of a
fish or _ildlife spec1es, cause a fish
or wildlife population to drop below
self-sustatning levels. threaten to
eliminate a plant or animal community,
reduce the number or restrict the
ran!)e of iii. rare or endangered p1ant c·r
animal ,~ eliminate imDortant e~amD1Es
of the major periods of Cal ifcrnh·
history aT prehi story?
b. Does the project have the potential
to ac~ie~e short-t~rm. to the dis·
advantage of lon9-t~rm. enVironmental
goa1$? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period
Cif time while long-te~. impacts will
endure well into the future.)
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c.
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Does the proj~ct hdve "impacts which
are individually limited, b~t
cumulativel~ considerable? (A pro
ject may impact on two or more
separate resources where the impact
on each resource is relatively
s.mall? but wh.are the effect of the
total of those impacts on the
environment is significant.)
D~es the projEct have fnvironmental
eff~cts which will cause substantial
adverse effects on human beings,
Either directly or indirectly?
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Explanation of ·yes~ answers in environmental checklist.
See attached.
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.~, Water (al. By ,ncreasing the a110wable lot cov~rage proviSIons from 35%
to 40% of total lot area, the project may cause a neg11gible i ;lcrease in the
amount of surfacE water runoff. B~cause pa~1ng 15 currentlY unrestrlcted in
the R-l lone distric:ts~ it is just as like1y, hcwevtr, that the 5% expa.nsion
for allowable lot coverage will replace impermeable surfacE ~ith permeable
arEa. ReSidents in the R-J zone are being encourage by the Palo Alto Planning
Department's SinglE! Family Resider,tial Design Guidelines to limit impermeab1e
surfaces. Th-erefore, the incre;sed lot cOllerage allowa:1ce .. ill have a
neg7igJbl e effect on storm ~ater runoff.
The everall environmental ~mpact of the project wi/l be positive becausi! it
will preser~e and mainta;n the existing low-density c~aracter and single-s~ory
architecture of the neighborhood. Thus, the project will further the
~c.hievement of a key policy of the Palo Alto Ccmprenens;ve Plat': Policy 1-
Hiiintain the general 1ow-d~nsity character of exist-ing single-family areas.
Reinserti~n of subsection {d) of Section 18.94.1nO of the Palo Alto Municipal
Code~ which was inadvertent1y omitted in the adoption of Ordinanc~ No. 4016:
on Manh 11. 1991~ will ha .... e no significant en'o'i'!'"onmental impact.
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ORDIN/l.NCE NO~
ORDINANCE OF THE COUNCIL OF THE CITY CF PALO ALTO
AMENDING AND CORRECTING TITLE 18 (ZONING) OF 'I.'HE
PALO ALTO MUNICIPAL CODE ~O RE-INSERT INADVER7ENT
DELE'i'ED PROVISION RELATING TO NONCOMPLYING
FACILITIES
WHEREAS~ by ordinance No. 3905, adopted Noveroher 6, 19S9,
the City Council enacted subsection (d) of Section 18.94.100,
relating to nonco~plying facilities in R-l and R-E zone districts;
and
WHEREAS, said subsection {d) was inadvertently omitted in
the adoption of ordinance No. 4016, on March 11, 1991;
THEREFORE, the Council of the City of Palo Alto does ORDA:::~.f
as follows:
SECTION 1. Section 18.94 .. 100
Replacement] of Title 18 [Zoning] of the
is hereby amended to read as follows:
[Noncomplying facility-
Palo Alto Municipal Code
18.'4.1DD NOllc:omplyinq tacility--Repl.acemsDt. A
noncomplying tacility 'Which is damaged or destroyed by any l!'.eans
except orcinary waar and tear and depreciation~ay be reconstructed
only as a complying facility, except as follows:
(a) When the damage or destruction of a noncomplying
facility affects only a portion of the facility that did not
constitute or contribute to the noncompliance, said portion may be
repaired or reconstructed to its previous configuration.
(b) When the damage or destruction of a noncomplyins
facility affects a portion of the facility that constituted or
contributed to the noncompliance, any replacement or reconstruction
to such damaged portion shall be .accorr.plisned in such manner as not
to reinstate the noncompliance or degree of noncompliance caused by
tne destroyed or damaged portion of the facility, and otherwisE in
full compliance .ith this title; hovever, if the cost to replace or
reconstruct th<e noncomplying portion of the facility to its
previous configuration does not exceed fifty percent of the total
COGt to replace or reconstruct the facility in conformance .....,i'th
this subs~ction, then the damaged noncomplying portior. fLay be
r-eplaced or reconstructed to its previous configuration. In no
event shall such replacement or constLUction create, cause, or
increase any noncompliance with the requirements of this title.
(c} Notwithstanding subsections (a) and (b) hereof, a
noncoroplying facility in the commercial CS, eN and CC zones and the
industrial LM f LM(3}~ LM(5). GMt GK(S} and OR zones, except for
those areas designated ~s special study areas, existing on
August 1, 1989, which .'hen built was a complying facility, shall be
permitted to be remodeled, improved or replaced in accordance with
applicable site development regulations other than floor area
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:!",l'I;tio .. provLded that any such remodeling, irnprove!t'.ent or rE=place
pent shall not result in increased floor-a!'"ea.
Cd.) Notwithstanding subsections {aj I (b) and (-~) hereof,
a nO!lcomplying facility hClJsing a conforming use in the R-l and RE
zones, 'Which W'hen built 'Was a complying facility I '""hich is damaged
or aestroyed by non-willful !!laans (i.e.: Acts of God) shall be
permitted to be r-epla.ced, en the: same site, and in its previous
confiquration, without necessity to comply ".with the current :;ite
development regulations, provided that any such replacement shall
not result i~ increased floor area, height, length or any other
increase in the size of the facility.
(e) Except as otherwise provided in this section -with
regard to replacement or reconstruction of a portion of a facility
to its previous n-oncomplyinq condition I all reconstruction shall he
subject to all applicat,le laws, regulations, and procedures
otherwise goverr.ing construction on the site at the time said
construction is undertaken.
SECTION 2. The Council finds that this project will have
no significant environmental erfe~t.
SECTIOJL.l...,.. This ordinance shall be ~ftective upon the
commencement of the thirty-first day after the date of its
adoptio!l.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
city Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
2
APPROVED:
City Manager
Director or-J?lanning and
Community Environment