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HomeMy WebLinkAbout2018-04-09 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 7 Special Meeting April 9, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:02 P.M. Present: DuBois, Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: Closed Session 1. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION Subject: Noise and Other Impacts Arising From Management of Aircraft in the Northern California Airspace Authority: Potential Initiation of Litigation Under Government Code Section 54956.9(d)(4) (One Potential Case, as Plaintiff). MOTION: Council Member Wolbach moved, seconded by Vice Mayor Filseth to go into Closed Session. MOTION PASSED: 9-0 Council went into Closed Session at 5:30 P.M. Council returned from Closed Session at 7:19 P.M. Mayor Kniss announced the City will continue to work with neighboring cities for regional solutions to noise and other impacts arising from aircraft. The City will not pursue legal action at this time. Special Orders of the Day 2. Proclamation Celebrating the 80th Anniversary of the Friends of the Palo Alto Library. Agenda Changes, Additions and Deletions None. ACTION MINUTES Page 2 of 7 City Council Meeting Action Minutes: 4/9/18 Minutes Approval 3. Approval of Action Minutes for the March 26, 2018 Council Meeting. MOTION: Council Member Wolbach moved, seconded by Vice Mayor Filseth to approve the Action Minutes for the March 26, 2018 Council Meeting. MOTION PASSED: 9-0 Consent Calendar Council Members Kou and Tanaka registered abstention votes on Agenda Item Number 6- SECOND READING: two Ordinances: Ordinance 5432… MOTION: Council Member Scharff moved, seconded by Council Member Holman to approve Agenda Item Numbers 4-6. 4. Approval of a Budget Amendment to the Electric and Fiber Optics Funds for the Upgrade Downtown Project, Increasing the Electric Communications System Improvements Budget by $1,000,000 and Decreasing the Fiber Optics Network System Improvements Budget by $1,070,202. 5. Approval of $2.5 Million Grant From the Community Center Impact Fee Fund to Avenidas for the Cost of Rehabilitation and Expansion of the City Owned Building Located at 450 Bryant Street, and Approval of a Budget Amendment in the Community Center Impact Fee Fund. 6. Two Ordinances: Ordinance 5432 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC) Chapter 2.20 (Planning and Transportation Commission) of Title 2; Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10; and Chapters 18.04 (Definitions), 18.10 (Low-Density Residential (RE, R-2 and RMD)), 18.12 (R-1 Single-Family Residential District), 18.15 (Residential Density Bonus), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts), 18.28 (Special Purpose (PF, OS and AC) Districts), 18.30(G) (Combining Districts), 18.40 (General Standards and Exceptions), 18.42 (Standards for Special Uses), 18.52 (Parking and Loading Requirements), 18.54 (Parking Facility Design Standards), 18.76 (Permits and Approvals), 18.77 (Processing of Permits and Approvals), and 18.80 (Amendments to Zoning Map And Zoning Regulations) of Title 18; and Chapters 21.12 (Tentative Maps and Preliminary Parcel Maps) and 21.32 (Conditional Exceptions) of Title 21;” and Ordinance 5433 Entitled, “Ordinance of the Council of the City of Palo Alto Amending ACTION MINUTES Page 3 of 7 City Council Meeting Action Minutes: 4/9/18 Chapter 10.04 (Definitions) and Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10 (Vehicles and Traffic) to Prohibit use of Bicycles and Similar Vehicles on Certain Sidewalks and Undercrossings and Establish Speed Limits on Shared-use Paths When Others are Present. California Environmental Quality Act (CEQA): Exempt Under CEQA Guidelines Section 15061(b)(3) (FIRST READING: March 19, 2018 PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent).” MOTION FOR AGENDA ITEM NUMBERS 4-5 PASSED: 9-0 MOTION FOR AGENDA ITEM NUMBER 6 PASSED: 7-0-2 Kou, Tanaka abstain Action Items 7. PUBLIC HEARING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) to add a new Chapter 18.30(J) (Affordable Housing Combining District) to Promote the Development of 100 Percent Affordable Housing Projects Located Within One-half Mile of a Major Transit Stop or One-quarter Mile of a High-quality Transit Corridor by Providing Flexible Development Standards and Modifying the Uses Allowed in the Commercial Districts and Subdistricts. California Environmental Quality Act (CEQA): This Ordinance is Within the Scope of the Comprehensive Plan Environmental Impact Report (EIR) Certified and Adopted on November 13, 2017 by Council Resolution Numbers 9720 and 9721. The Planning and Transportation Commission Suggested an Alternative and did not Recommend Adoption of the Ordinance at Their Meeting on March 14, 2018. MOTION: Vice Mayor Filseth moved, seconded by Council Member Holman to continue Agenda Item Number 8– Policy and Services Committee and Staff Recommendations on Next Steps Related to Airplane Noise to a date uncertain. MOTION PASSED: 8-1 Kou no Public Hearing opened at 8:21 P.M. Public Hearing closed at 9:51 P.M. MOTION: Council Member Fine moved, seconded by Council Member Scharff to: ACTION MINUTES Page 4 of 7 City Council Meeting Action Minutes: 4/9/18 A. Find the proposed draft Ordinance within the scope of the Comprehensive Plan Environmental Impact Report (EIR) and adopt the proposed Ordinance amending Chapter 18.30 of Title 18 of the Municipal Code to add a new chapter establishing an Affordable Housing (AH) Combining District and related regulations; B. Direct Staff to improve the Ordinance with the following changes: i. Explore including the RP, RM15, and RM30 zones in the Combining District; ii. Add an additional 1.5 residential Floor Area Ratio (FAR) to the maximum residential FAR; iii. Allow the Planning Director to recommend a waiver for transitional height standards; iv. Specify a parking requirement of 0.75 per unit, except as preempted by state law, and allow the Planning Director to modify this standard based on a parking study that shows fewer spaces are needed. For special needs housing units, maintain a requirement of no more than 0.3 spaces per unit; and v. Clarify that this Overlay includes all Area Median Income (AMI) standards including up to 120 percent AMI. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part B.ii., “add an” with “if requested by an applicant, allow the Planning Director to recommend adding up to an.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “excluding Town and Country Village Shopping Center.” (New Part A.i.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part B.ii., “if requested by an applicant, allow the Planning Director to recommend adding” with “explore, if requested by an applicant, the City Council may authorize adding.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part A.i., “Midtown Shopping Center, and Charleston Shopping Center.” ACTION MINUTES Page 5 of 7 City Council Meeting Action Minutes: 4/9/18 SUBSTITUTE MOTION: Council Member Holman moved, seconded by Council Member Kou to accept the Planning and Transportation Commission’s (PTC) recommendations and direct Staff to: A. Work with the property owner of a site at El Camino Real and Wilton Court to develop a site-specific Planned Community (PC) zoning Ordinance and development agreement for affordable housing; and B. Work with the PTC on the series of additional recommendations developed by an ad hoc committee of the PTC with the following modifications: 1. Pursue a PC with Palo Alto Housing (PAH) to advance the Wilton Court project. 2. Separating affordable housing into two work items: under 60 percent Area Median Income (AMI) (AH60) and 60 percent to 120 percent AMI (AH120); 3. For AH60 consider the following options for retail preservation: i. Where retail is retained, offer a zoning (height) concession; ii. Where affordable housing provider financing precludes retail: The City or a third party may participate in project financing, potentially in exchange for an ownership position; iii. As a last resort, City may waive the retail requirement as provided by the retail preservation ordinance; 4. For AH60 explore City financial contributions to develop parking to meet demand based on measured parking utilization rates of comparable properties. The City may exercise an option to build additional parking available to the public; 5. Maintain transition height standards in all the C districts adjacent to residential districts. Explore a community process with outreach before changing transition heights for AH60 housing; 6. Explore an open space standard for AH60, recommending against roof gardens adjacent to low density residential districts; 7. Explore folding AH120 work into the Housing Workplan effort; ACTION MINUTES Page 6 of 7 City Council Meeting Action Minutes: 4/9/18 8. With a goal to develop a by-right process for 100 percent 60 percent AMI projects. SUBSTITUTE MOTION FAILED: 3-6 DuBois, Holman, Kou yes AMENDMENT: Council Member Holman moved, seconded by Vice Mayor Filseth to add to the Motion, “remove Section 18.30(J).070.(b).” AMENDMENT RESTATED: Council Member Holman moved, seconded by Vice Mayor Filseth to add to the Motion, “replace in Section 18.30(J).070.(b), ‘any uses permitted in the underlying district’ with ‘retail or retail like uses.’” AMENDMENT AS AMENDED FAILED: 4-5 DuBois, Filseth, Holman, Kou yes AMENDMENT: Vice Mayor Filseth moved, seconded by Council Member Holman to replace in the Motion Part B.iv., “0.75 per unit” with “1.00 per bedroom.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion “return to Council following the parking study to reevaluate parking requirements.” (New Part B.vi.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “Council has the ability to modify retail parking requirements.” (New Part B.vii.) AMENDMENT: Council Member Tanaka moved, seconded by Council Member DuBois to add to the Motion Part 1, “limit the Combining District to rental Below Market Rate (BMR) units.” (New Part A.ii.) AMENDMENT PASSED: 7-2 Fine, Wolbach no AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “with a goal to develop a by-right process for 100 affordable units eligible for tax credits.” AMENDMENT WITHDRAWN BY THE MAKER MOTION AS AMENDED RESTATED: Council Member Fine moved, seconded by Council Member Scharff to: A. Find the proposed draft Ordinance within the scope of the Comprehensive Plan Environmental Impact Report (EIR) and adopt the proposed Ordinance amending Chapter 18.30 of Title 18 of the Municipal Code to ACTION MINUTES Page 7 of 7 City Council Meeting Action Minutes: 4/9/18 add a new chapter establishing an Affordable Housing (AH) Combining District and related regulations: i. Excluding Town and Country Village Shopping Center, Midtown Shopping Center, and Charleston Shopping Center; ii. Limit the Combining District to rental Below Market Rate (BMR) units; B. Direct Staff to improve the Ordinance with the following changes: i. Explore including the RP, RM15, and RM30 zones in the Combining District; ii. Explore, if requested by an applicant, the City Council may authorize adding an additional 1.5 residential Floor Area Ratio (FAR) to the maximum residential FAR; iii. Allow the Planning Director to recommend a waiver for transitional height standards; iv. Specify a parking requirement of 0.75 per unit, except as preempted by state law, and allow the Planning Director to modify this standard based on a parking study that shows fewer spaces are needed. For special needs housing units, maintain a requirement of no more than 0.3 spaces per unit; v. Clarify that this Overlay includes all AMI standards including up to 120 percent Area Median Income (AMI); vi. Return to Council following the parking study to reevaluate parking requirements; and vii. Council has the ability to modify retail parking requirements. MOTION AS AMENDED PASSED: 7-2 Holman, Kou no 8. Policy and Services Committee and Staff Recommendations on Next Steps Related to Airplane Noise. State/Federal Legislation Update/Action None. Adjournment: The meeting was adjourned at 12:38 A.M.