NOT YET ADOPTED
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Temporarily Extending Ordinance 5517, Amending Palo Alto Municipal Code (PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts), 18.18 (Downtown Commercial (CD) Districts) and 18.30 (A) and (C) – the Retail and Ground Floor combining districts
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1.Findings and Declarations. The City Council finds and declares as follows:
A. On April 5, 2021 the City Council adopted Ordinance 5517 to temporarily relax certain zoning regulations in the City’s commercial zoning districts to address some of the economic challenges created by the COVID-19 pandemic and to spur economic activity.
B. The City Council directed the Planning and Transportation Commission (PTC) to review certain elements of the temporary ordinance and provide a recommendation to the City Council.
C. On March 30, 2022 the PTC recommended that the term of Ordinance 5517 be extended to allow additional time for consideration of whether the temporary relaxation of zoning regulations should remain indefinitely, and whether such regulations should be otherwise amended.
D. On May 16, 2022, the City Council adopted Ordinance 5549, extending the term of Ordinance 5517 to expire on December 16, 2022.
E. On August 31, 2022, the PTC was unable to recommend a replacement ordinance and recommended instead that the term of Ordinance 5517 be further extended.
F. On December 12, 2022, the City Council adopted Ordinance 5573, extending the term of Ordinance 5517 to expire on June 16, 2024.
G. Between Fall 2023 and Spring 2024, the PTC held seven study sessions and an ad hoc committee of the PTC met on four occasions to discuss a draft Retail Study Report that will inform permanent changes to the City’s zoning code, modifying or replacing the provisions of Ordinance 5517.
H. Because the PTC and City Council have yet to receive the final Retail Study Report and provide direction for a replacement ordinance, it is necessary to further extend Ordinance 5517.
NOT YET ADOPTED
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SECTION 2.The effective date of Ordinance 5517 of the Palo Alto City Council, incorporated herein by reference, is hereby extended so that the Ordinance shall expire upon the earlier of June 30, 2025 or adoption of replacement legislation by the City Council. Upon expiration of Ordinance 5517, the City Clerk shall direct the City’s codifier to update the Palo Alto Municipal Code as appropriate.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4.The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because it can be seen with certainty that temporary relaxation of minor land use regulations will not have a significant, adverse impact on the environment.
SECTION 5. This ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning & Development
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