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Council adopts interim urgency ordinance allowing early demolition on contaminated sites
Summary
Council adopted a 4/5 urgency ordinance permitting demolition or deconstruction in limited circumstances on sites listed with state oversight agencies, subject to an approved remediation plan and a site maintenance plan to protect public health and future residential use.
The Palo Alto City Council on Monday voted to adopt an interim urgency ordinance permitting early demolition or deconstruction of buildings on contaminated properties under tightly defined conditions.
Planning staff told the council the municipal code currently requires approvals for a replacement building permit before demolition. The ordinance amends Palo Alto Municipal Code Section 18.41.60 to allow demolition earlier when sites are on state or county contaminated-site lists (the Cortese list) and where the property owner presents an oversight-agency-approved remediation plan showing cleanup to levels compatible with residential use.
Staff said a database search identified roughly 180 sites that might be on the Cortese list citywide; the ordinance’s text narrows eligibility by requiring an approved remediation plan and by excluding cases where demolition would remove an existing residential use. The adopted urgency ordinance also requires a site maintenance plan, to be approved by the planning director, addressing security, perimeter fencing and interim landscaping after demolition and until a replacement project receives building permits. Tree protection language was added: “No tree shall be removed unless required under the remediation plan,” and replacement canopy requirements may be deferred to the later construction phase with a bond or other security instrument.
Planning Director Jonathan Leight and staff emphasized the change is intended to accelerate cleanup and reduce delays for housing and other replacement construction where remediation requires removal of structures to implement the cleanup. The ordinance also clarifies that cleanup levels must be set by the applicable environmental oversight agency — for example, the California Department of Toxic Substances Control, the Regional Water Quality Control Board or the Santa Clara County Department of Environmental Health.
Council discussion focused on ensuring the city’s housing replacement requirements remain in force for demolished units. Staff said the ordinance does not change the city’s existing unit-replacement provisions; separate housing-replacement rules would still apply where demolition removes housing.
After public comment urging clarity about which properties prompted the change, the council voted unanimously to adopt the interim urgency ordinance. The urgency ordinance takes effect immediately; staff said they will prepare a permanent ordinance for the council’s later consideration.
