HomeMy WebLinkAboutORD 3171·~
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ORDINANCE NO. __..3.-...17..L __
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMBNDING SECTION 18.04.070(c) OF THE
:ALO ALTO MUNICIPAL CODE
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18. 94. i)iO (c) of t.he Palu Alto Municip~l
Code is amended to read:
"(c) The Director of Planning and Co~.munity Environment shall
determine those properties the use of which were law
fully existing uses permitted or conditionally permitted,
in the districts in which they were located irmnediately
prior to July 20, 1978 anc! which uses were rendered non
conform~.ng by reason of the adoption of this Title on
July 20, 1978, and those properties which, prior to July
20, 19/8 were located in an R-1 district whieh \l3S im
posed by reason of annexation of the property to the
city without benefit of prezoning, the uses of which
were lawfully existing uses permitted or conditionally
i -.rmitted operating subject to a Conditicnal Use Permit
prior to the date of annexa~ion,
Written notice of sa~d ncnconformance shall be maiLcd tn
the owner of record of eac.h such pr0perty and to the oc
cupant of the property. Within two (2) years of the
date of mailing of such 11otice, any owner of such prop
erty, lessee of such property with the written cou:::;ent
of owner, or purchas(.r of such property when acting pur
suant to a contract of sale in writing duly executed and
acknowledged by both the buyer and the owner of record,
may apply to have such property excepted from the termimi
tion provisions of this section. Said application ~ay be
made to the Director of Planning and Community Environ
ment in such form as may be prescribed by the Director
of Planning and Connnunity Environment. Said application
shall include, but not be limited to, a statement of the
locatiou and size of the pro?erty, the nature of its use
on July 20, 1978, a statement of reasons establishing
that the use is compatible with and will not be detri-
mental to the uses designated in the Comprehensive Plan
for the surrounding area and properties, a copy of the
subject property indicating the location of all parcels
or properties within a distance of 76.2 meters (250 feet)
from the exterior boundary of the subject property, a
list as shown on th~ last equalized assessment roll, of
the name and address of the owner of record of each
parcel, and the street address of each residential, com
mercial, or industrial occupant located within a distance
of 76.2 meters (250 feet) from the exterior boundaries
of the subject property, and such other information as
may be required by the Director of Planning at\d Couununi ty
Environment.
(1) Such application shail be accomp~r.ied by such fee
as is prescribed in the Municipal F·ee Scdedule.
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(2) Upon 1'ciceipt of such application, the Director of
Plann·i rig and Conununi ty Environment shal 1 so in
form Uw Chairperson of the Planning CoP.mlission
who snc:ll set a date. for a public hearing c..1 :he
applic~tion which shall be held within a reason
able time from the date of filing the application.
Notice of the hearing shall. be given in the same
•Janner as provided in Chapter 18.90 for notice of
hearing by the Zoning Administrator.
(3) Upon the date set fer hearing, the Planning
Co1tm1ission shall conduct a public hearing thereon,
unless, for cause the Commission shall on the dat.e
continue the m~cter. Upon conclusion of the
hearing, the Commission shall detennine whether
the use of the property on July 20, 1978 is com
patible with and not detrimental to the land uses
design;:ited in the Comprehensive Plan for the sur
rounding area and properties. In the event the
Commission so finds, it shall recommend to the City
Council that the use shall be excepted from the
temination provisio~s of this :;ection. The Com
mission may recommend such conditions as it may
find necessary to insure compatibility including,
but net limited to, required imp~ovement of or
modifications to existing improv..;HJ.ents on the
property, limit&tions on hours of operation, and
limitations on the nature of operations.
(4) Upon receipt of the recommenda1..~on of the Planning
Commission, th1E! City Council shal 1 consider the
a~plicatibn within a reasonable time. The Cotu1cil
may, at its option, conduct a public hearing on
the matter.
In the event the Coun.cil finds the use of the sub
ject pX'Ol'erty to be c:ompatible with and not detri
mental to those land uses designated in the Compre
hensive Plan for th.-.; surrounding area and proper~.
ties, it shall, by motion, except said use from the
termination provisions of this section. In granting
such exception, the Council may tmpose such condi~
tions as are deemed necessary to i.nsure such com ...
patibility, including, but not limited to the con
ditions set out above.
(5) Any use which is hereby excepted from the termina
tion provisions or this ssctfon, and which is
changed pur~uant to section 18.94.030 of this Title,
shall be subject to the terminatior1 provisions of
this section aa though no exception had been
granted unless, prior to sych expansion or change,
application is made an<l granted pursuant to this
subsection with respect to expanded or changed use.
(6) Any use excepted from the termination provisions
of section 18.94.070 shall be permitted.to remodel,
improve, or replace si.te improvements on the same
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site, without the necessity to comply with site
development regulations, for continual use and
occupancy by the same use; provided that any
such remodeling, improvement. or replacement
shall not result in increased floor area, ~umber
of dwelling uni.ts, height, length, or any other
increase in the size of the improvement."
SECTION 2. The Council finds that the adoption of this ordinance
will not have a significant adverse effect on the environment.
SECTION 3. This ordinance shall become effective upon the com
mencement of the thirty-first day after the day of its passage.
INTRODUCED: November 5, 1979
PAS:..:ED: November :9, 1979
AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon
NOES: None
ABSENT: None
ABSTENTIONS: None
ATTEST: APPROVED:
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;e·~tfif:z~~·' r:::z.~ '1 ty ~
APPROVED AS ~O j?RM:
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y Attorney
,,,._.... ___ .._r_o----=~ 1 il1l~ anO'C-. __
Environment
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