Title 18 Amendment
to Allow Early
Demolition
Presenter:
Claire Raybould, AICP , Interim
Manager, Current Planning
March 10, 2025 www.cityofpaloalto.org
2 PURPOSE
The ordinance seeks to benefit the natural and built environment through early remediation:
• Removal of hazardous waste materials and site restoration; and • Reduce delay of new construction, including housing projects. 1 PROJECT OVERVIEW
• Current code requires building permit approval prior to issuance of a demolition or deconstruction permit.
• Modification would allow demolition or deconstruction in limited circumstances and subject to specific requirements. • Amends PAMC Section 18.40.160 which sets forth regulations of when demolition can occur on a property.
3 KEY POLICY CONSIDERATIONS
• Applicable Sites
• Requirements for cleanup and property restrictions if used:
• Sunset on property restrictions (sites on the City's Housing Inventory Site list would be required to record a covenant restricting future land use to housing development projects).
• Cleanup requirements compatible with residential uses. • Conditions Following Remediation
4 RECOMMENDED ADJUSTMENTS
Condition of the site during and following remediation, prior to redevelopment.
Prepare a Site Maintenance Plan:
• Temporary perimeter fencing for security;
• Landscaping to prevent runoff;
• Landscaping or fencing for site appearance; and
• Retain existing trees unless removal is required in accordance with the cleanup; replacement canopy requirements apply.
5 RECOMMENDED ADJUSTMENTS
Recommend inserting the following language as proposed 18.40.160 (b)(8):
Sites granted an early demolition or deconstruction permit pursuant to this subdivision (c) must submit a Site Maintenance Plan and receive approval from the Director of Planning prior to issuance of the demolition or deconstruction permit. The Site Maintenance Plan shall address the proposed condition of the site following the completion of remediation work and until a building permit is issued for a replacement project. The Site Maintenance Plan may include measures such as installation and maintenance off fencing to secure the property as well as landscaping. 6 RECOMMENDED ADJUSTMENTS
• Recommend adding the following language under proposed 18.40.160 (b)(2):
No trees shall be removed unless required under the remediation plan. Any tree removed shall be subject to Title 8 of this code. The Director may defer any tree canopy replacement requirements until construction of the replacement project on the site and require a performance bond or similar security instrument.
7 PUBLIC COMMENT
• One member of the public commented on the proposed language for residential cleanup levels
• In accordance with the commenters suggestion staff would suggest the following revision to the proposed language under 18.40.160 (b)(2) Must remediate to environmental screening levels
cleanup levels
compatible with residential use, according to the California State Water Resources Control Board as approved by the applicable environmental oversight agency, such as the California Department of Toxic Substances Control, California Water Resources Control Board, or County of Santa Clara Department of Environmental Health
8 RECOMMENDATION
Staff recommends that Council take the following action:
Adopt, by a four-fifths majority, the Proposed Interim
Urgency Ordinance amending PAMC Section 18.40.160 to
Allow for Early Demolition or Deconstruction on
Contaminated Sites.
Next Steps:
• Staff will prepare an ordinance to codify these provisions.
Claire Raybould
Interim Manager, Current Planning
[email protected]
(650) 329-2116