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HomeMy WebLinkAbout1997-07-28 Ordinance 4437ORDINANCE NO. 4436 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 390 LYTTON AVENUE FROM CD-C(P) TO PC PLANNED COMMUNITY The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. (a) The Planning Commission, after a duly noticed public hearing held April 9, 1997, and the Architectural Review Board, upon consideration at its meetings of November 7, 1996, and January 16, 1997, have recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended as hereinafter set forth. (b) The City Council, after due consideration of the recommendations, finds that the proposed amendment, is in the public interest and will promote the public health, safety and welfare, as hereinafter set forth. SECTION 2. Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended by changing the zoning of certain property known as 390 Lytton Avenue (the "subject property") from "CD-C(P) Commercial Downtown - Pedestrian Shopping Combining District" to "PC Planned Community." The subject property is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference. SECTION 3. The City Council hereby finds with respect to the subject property that: (a) The site is so situated, and the uses proposed for the subject property are of such characteristics that the application of general districts or combining districts will not provide sufficient flexibility to allow the proposed office development. Under the CD-C(P) zoning which is currently applicable to the project site, a 10,500 square foot building could be constructed. Thus, the proposed floor area tor the project, 18,921 square feet, would exceed the maximum floor area by 8,421 square feet. No other downtown commercial zoning district would accommodate the proposed size of the project. (b) The project will result in public benefits not otherwise attainable by application of general districts or combining districts, as follows: 1 970814 !x: 0080400 (i) The building is substantially recessed along Lytton Avenue and Waverley Street and provides a ten -foot -wide pedestrian walkway on the western side of the building. The recessed areas would be dedicated for public use and would be maintained by the applicant. (ii) Public art, as approved by the Public Art Commission and the Architectural Review Board, will be integrated into the project. (iii) The project includes provision of a $75,000 contribution for a traffic study and/or improvements in the Downtown North neighborhood. (iv) The project includes installation of a new bus stop bench and replacement of the existing bus stop sign and trash receptacle on Lytton Avenue along the project frontage, consistent with the Downtown Improvement Plan. (v) The project includes repair of existing tree wells on Waverley Street between University Avenue and Lytton Avenue. (vi) The project includes six new street trees to be planted at off -site locations near the project on Waverley Street and Lytton Avenue. (c) The uses permitted and the site development regulations applicable within the district are consistent with the Palo Alto Comprehensive Plan, and existing and potential uses on the project site, adjoining sites, and within the general vicinity. Specifically, the project would be consistent with, the following: (i) Urban Design Element, Objective, page 42: "Promote the orderly and harmonious development of the City and the attainment of the most desirable land use and improvements through the review of new development." The site is designated Regional/Community Commercial and the site is well suited for commercial office use. The proposed project is a better use of the land at a corner location than the current small structure and parking lot. (ii) Urban Design. Element, Objective, page 42: "Promote visual environments which are of high aesthetic quality and variety, and considerate of each other." The proposed building adds a contemporary building with architectural character, human - scale elements at pedestrian level typical of the Downtown, and utilizes high quality materials. The project would replace the existing small one-story commercial building and parking lot with a building which complements the surrounding neighborhood. 2 97081414c 0080400 (iii) Urban Design Element. Policy 5. page 45= "Encourage rehabilitation of aging retail areas to keep them economically healthy." The existing building (a former gas station building) or. the parcel and parking lot has become dated and the new building and uses will be an improvement to the sire and downtown, (iv) Urban Design Element, Program 20, page 45: "Require street frontages that contribute to retail vitality in shopping districts." The new building contributes to the pedestrian atmosphere of the downtown street by creating pedestrian space set back from the property lines. (v) Urban Design Element, Policy 6B. Resolution #6535: "Limit nonresidential development in the Downtown Area to ten percent (350.000 square feet of floor area) above the amount of development existing or approved in May 1986. Of this 350,000 square feet. a minimum of 1 00, 000 square feet of floor area shall be reserved for projects demonstrating special public benefit . . . . " The additional floor area this project would add in the Downtown Area would remain under the maximum cap allowed pursuant to this policy and the project will include public benefits as described above. SECTION 4, Those certain plans entitled 'New Office Building for Leonard Ely --390 Lytton Avenue, Palo Alto, California" prepared by Stoecker and Northway Architects Incorporated, dated March 13, 1997, approved by the Architectural Review Board on November 7, 1996 and January 16, 1997, copies on file in the Planning Division office, and to which copies reference is hereby made, are hereby approved as the Development Plan for the. subject property, pursuant to Palo Alto Municipal Code section 18.68.120. Said Development Plan is approved for the following uses, and subject to the following conditions: (a) Permitted Uses. The permitted uses shall be limited to approximately 18,921 sq. ft. of office, retail, financial and personal service uses. (b) Conditional Uses. General business services shall be allowed upon issuance of a conditional use permit. (c) Site Development Regulations. All improvements and development shall be substantially in accordance with the approved Development Plan and the Conditions of Project Approval adopted by the City Council in conjunction with approval of this ordinance. The following site development regulations establish rules for modifications or additions to any building, accessory structure or landscaping on the subject property. Definitions of terms used 970814 tau: 0040400 shall be in accordance with Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code: (i) Once the project has been constructed consistent with the approved Development Plan, any exterior changes to the buildings or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone, except for minor changes as defined in Palo Alto Municipal Code section 18.99.020. constructed. (ii) No new floor area or coverage may be (d) Farkincr and Loading Requirements. The parking and loading requirements governing the subject property shall be in accordance with the approved �e;,•e' nt Plan, file -�,p.,,,e;; on � e with the Department of Planning and Community Environment and as amended in accordance with this section. The following requirements shall apply to the project and shall be reflected in amendments made to the Development Plan and approved by the Director of Planning and Community Environment prior to issuance of building permits: Bicycle parking spaces, in the number and type required under Chapter 18.63 of the PAMC, shall be provided on the site. The plans shall be revised to reflect the required bicycle parking prior to issuance of any building permit (s) for the project. (e) Development Schedule. Construction of the project shall commence on or before March 30, 1998, and shall be completed and ready for occupancy on or before December 31, 1999. (f) Special Requirements. The following special conditions and requirement: shall apply to the project. These requirements shall be reflected in amendments made to the Development Plan and approved by the Director of Planning and Community Environment prior to issuance of building permits: (i) The project as proposed requires access across City's Parking Lot F. Applicant shall pay compensation to the City in exchange for the granting of an access easement across Lot F, to the satisfaction of the Real Estate Division. The compensation shall be determined as follows: City shall retain an appraiser, at applicant's cost, to conduct an independent appraisal of the fair market value of the easement. If the value as so determined exceeds $106,995, then City's independent appraiser and applicant's appraiser shall select a third appraiser who shall be a Member of the Appraisal Institute (M.A.I.). The third appraiser shall, at applicant's cost, conduct a review appraisal and based 970814 Lic 0080400 thereon shall determine the fair market value of the easement, subject to approval of the City Council. The City shall reserve the right to close, relocate and/or reconfigure the private access during maintenance activities and/or construction of a new project on Lot F. The easement shall be obtained either: 1) before issuance of building permits for the project, or 2) before issuance of a certificate of occupancy provided that before issuance of building permits the applicant has paid the minimum compensation and entered into an agreement in a form acceptable to the City Attorney to secure full payment of the appraised value of the access easement. In no event shall the compensation for the Lot F access easement be less than $106,995. (ii) On January 16, 1997, the Architectural Review Board approved a plan for improvements to the 10 -foot -wide pedestrian walkway on the western side of the building. These improvements shall be installed and represent a part of the public benefits provided by this development project. (iii) Prior to the issuance of a certificate of occupancy, the recessed areas along the Lytton Avenue and waverley Street rights -of -way and the 10 -foot -wide pedestrian walkway on the western side of the building shall be dedicated to the City for public uses. Maintenance of these areas shall remain the responsibility of the property owner. (iv) The $75,000 contribution by the project to the City for a traffic study and improvements in the Downtown North neighborhood shall be paid to City prior to issuance of any building permit for the project. The contribution shall be used by City to conduct a traffic study for the Downtown North neighborhood. The funds shall be used to retain a traffic consultant to perform the study and for other related costs. The study would analyze existing traffic volumes, speeds, parking, and other traffic -related conditions which affect the neighborhood. If the entire contribution is not used for the study, the City may use the remainder for implementation of any measures recommended by the study which the City elects to implement. (v) This project was approved in part on the basis that it will incorporate original art, visible to the public, as a public benefit of the project. The applicant's public art proposal was approved by the Public Art Commission on December 10, 1996, and by the Architectural Review Board on January 16, 1997. The approved public art shall be fully installed prior to the date of initial occupancy of the project. (vi) Prior to the date of initial occupancy of the project, the applicant shall plant six (6) new 36 -inch box street trees at off -site locations along Lytton Avenue and Waverley 5 970814 lac 0080400 Street. The locations and species of the new street trees shall be subject to review and approval by the City Arborist. The new trees shall be inspected by the City Arborist before they are planted. (vii) Prior to the date of initial occupancy of the project, the applicant shall replace the existing bus stop bench, sign and trash receptacle on Lytton Avenue along the project frontage with a new more contemporary bench, sign and trash receptacle consistent with the Downtown Improvement Plan. The design of the bench, sign and trash receptacle shall be subject to review by the Transportation Division and approval by the Architectural Review Board. (viii) Prior to the date of initial occupancy of the project, the applicant shall repair the existing tree wells along Waverley Street between University Avenue and Lytton Avenue, to the satisfaction of the Director of Public Works. (ix) Mitigation Measures and Other Conditions. In addition to the Conditions of Approval adopted by the City Council in conjunction with approval of this Ordinance, the project shall' incorporate the mitigation measures presented in the Environmental Impact Assessment (©6-EIA-20), on file with the Department of Planning and Community Environment. (x) As proposed by the applicant, the project shall be assessed for the existing and any future downtown parking assessments applicable to the subject property as though the project has a 74 -space parking deficit, or in other words as if it had not satisfied any of the parking requirements applicable to the Project. // // // // // // // // // // // // // // // // 6 970814 lar 0080-100 SECTION 5• The Council find that this project, as mitigated, will not have a significant environmental effect. SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: July 14, 1997 PASSED: July 28, 1997 AYES: EAKINS, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, WHEELER NOT PARTICIPATING: SCHNEIDER NOES: ABSTENTIONS: �,BSTENTIONS : ABSENT: ANDERSON A Senior Asst. City Attorney Director of Planning and Community Environment 7 970V14 lac 0080400 I rojec., • 5190 4yttyr rezoning from CD-C(P) to PC (Pianre1 Corn;-1;nnsty) to allow canstruc- ion of .a new three stay bui'ding, ro 90 L Ave rezoning from CD-C(P) tc PC (Planned Community) to allow construction of a new three story building. i'e : 9c-ZC-6; 96-A?{E3-78; 9o-EIA-2O Date E _ 0 200 ft 400 ft Exhibit "A"