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HomeMy WebLinkAbout1997-11-03 Ordinance 4463ORDINANCE NO. 4463 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 425-435 SHERIDAN/440-460 PAGE MILL ROAD FROM RM-40 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 September 24, 1997, and the Architectural Review Board, upon consideration at its meeting of August 21, 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 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 425-435 Sheridan Avenue/440-460 Page Mill Road (the "subject property") from "RM-40 High Density Multiple Family Residence" to "PC Planned Community.' The subject property, consisting of approximately 1.06 acres, 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 and improvements 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 residential development, in that although the Comprehensive Plan designation allows the proposed density, the size of the proposed project (a 58,422 square foot building) exceeds the maximum floor area allowed on the site under the current RM-40 zone, and no other residential zoning district would allow a greater floor area. (b) Development of the site under the provisions of the PC Planned Community District will result in public benefits not 970917 lac 0080374 otherwise attainable by application of general districts or combining districts, as follows: (i) The project as developed under the PC Planned Community District includes the dedication of ten feet of 1. *''.ic right of way along the Page Mill Road frontage, which will allow the future construction of a right turn lane onto El Camino Real. The right turn lane and several other improvements to the El Camino Real/Page Mill Road intersections were proposed as a result of the City's 1989 Citywide Land Use and Transportation Study. (ii) Public art, as approved by the Public Art Commission and the Architectural Review Board, will be integrated into the project. (ii) The project as developed under the PC Planned Community District will provide desirable street landscape improvements along Page Mill Road. In addition to the street trees which the project would be required to install along the project frontage, the project includes the installation of a row of street trees on the opposite side of Page Mill Road. (c) The uses permitted and the site development regulations applicable within the district are consistent wit., the Palo Alto Comprehensive Plan, and with the mix of uses which presently exist in the surrounding neighborhood. Specifically, the project would be consistent with the following portions of the Palo Alto Comprehensive Plan: (i) Housing Element Policy #3: "Protect and enhance those qualities which make Palo Alto's neighborhoods especially desirable." The project is located in a unique neighborhood that features a mix of multiple family residences and commercial activity and is in close proximity to the California Avenue Business District; (ii) Housing Element Policy #7: "Encourage and foster the development of new and existing housing units affordable to the low, moderate, and middle -income households, especially those with children." The project will provide Below Market Rate units that will contribute to the supply of affordable housing; (iii) 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 Multiple Family Residential and is well suited for this use, and the proposed site plan makes more efficient use of the site by improving the layout of parking and landscaped areas compared with the previous use; and 2 970917 lac 0010574 • (iv) Urban Design Element, Policy 6A, Program G, "Encourage residential use in the commercial areas near California - Cambridge Avenue area." The proposed replacement of a laboratory building with high density residential use within walking distance of California Avenue is consistent with this policy. SECTION 4. Those certain plans entitled "Planned Community Zone, Condominiums, 430 Sheridan Avenue, Palo Alto, CA" prepared by Full Circle Design Group, dated August 13, 1997, and approved by the Architectural Review Board on August 21, 1997, copy on file in the Planning Division office, and to which copy 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) m -tom . The permitted uses shall be limited to multiple family residential use, including approximately 58,422 square feet of residential space and approximately 31,183 square feet of ancillary underground automobile parking. (b) Conditional Uses. No conditional uses shall be permitted. (c) 5 � �yl�?pC3ISG gazjations . All improvements and development shall be substantially in accordance with the approved Development Plan and the Conditions of Project Approval adopted by the Council in conjunction with approval of this ordinance. The following are site development regulations which establish rules for modifications or additions to any building, accessory structure or landscaping on the subject property. Definitions of terms used shall be in accordance with Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code. (i) Final plans, including materials and colors, complete lighting and photometric plans, detailed landscaping and irrigation plans encompassing on- and off -site plantable areas, and signs shall be reviewed and approved by the Architectural Review Board ("ARB") prior to issuance of building permits. All utility meters, lines, transformers, backflow preventers, electric panel switchboards, and any other required utilities shall be shown on the final plans and shall show that no conflict will occur between the utilities and landscape materials and shall be screened in a manner which respect the building design and setback requirements. (ii) Any other exterior changes to the buildings or any new construction not specifically permitted by the Development Plan or by these site development regulations shall 970917 lac 00E0574 require an amendment to this Planned Community Zone or, if eligible, approval under Chapter 18.99 of the Municipal Code. (iii) The approved Development Plan permits some tree removal and requires the preservation and protection of specified trees within the development. No future development or improvement proposed for the subject property following initial construction authorized by Architectural Review Approval shall result in the removal or destruction of trees without the approval of the City of Palo Alto in accordance with applicable procedures. (d) Parking nd Loading Requirem_,,,n_ , The parking for the subject property shall be in accordance with the approved Development Plan. (e) Special Conditions. (i) Right of Way Dedications. The project includes dedication to the City of a ten foot wide public right of way along the Page Mill Road frontage. The site plan for the project shall be revised to show this area to be dedicated and the dedication shal) be completed (i) prior to issuance of the first building permit, or (ii) on the face of the final subdivision map, whichever event first occurs. (ii) Public Art. 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 must be submitted to and approved by the Public Art Commission, applying the standards set forth in PAMC 2.26.040, and by the Architectural Review Board prior to issuance of the first building permit for the project, and shall be fully installed prior to the date of initial occupancy of the project. (iii) Street Trees, This project was approved in Dart on the basis that it will provide a row of approximately eight street trees, depending upon available right of way, on the south side of Page Mill Road across from the project. The location and species shall be as approved by the Planning Division and Department of Public Works. (iv) Below Market Rate (BMR) Housing Requirement In conformance with the City's Below Market Rate (BMR) requirements (Program #13, Housing Element, Palo Alto Comprehensive Plan), the project shall provide two (2) two -bedroom units and one (1) three - bedroom unit to be included in the BMR program, and subject to the restrictions applicable to for sale units placed in the BMR program. The units shall be the two "K" units on the first floor, and unit °H" on the second floor, as specified on the approved plans. Unit H shall be reconfigured as a three -bedroom unit. The 4 97%17 lac 0080574 exact location of the unite shall be shown on the final subdivision map prior to consideration by City Council. The design, construction, materials, finishes, windows, hardware, light fixtures, landscaping, irrigation, appliances and like fea�ures of the BMR units shall be comparable to all other units in the project. The owners of the BMR units shall have access to all facilities, amenities, parking and storage as provided to other owners in the project. The initial sales price of each of the two - bedroom units shall be $140,700 and the initial sales price of the three -bedroom shall be $164,800. These prices were determined utilizing the City of Palo Alto current Housing Price Guidelines (effective May 1, 1996). The price list is adjusted annually. The greater of the sales prices set forth above or the applicable prices in effect at the time of final map approval shall be the initial sales price of the BMR units. The provisions of this condition e.(iv) have been negotiated between the City and the project applicant, and are based upon that letter from the Director of Planning and Community Environment to J. David Knudsen dated July 21, 1997, and signed by Mr. Knudsen on July 28, 1997. In the event of conflict between the letter and this Ordinance, the terms of this Ordinance shall prevail. The provisions were negotiated based upon the understanding that the project will consist of for -sale condominium units. In the event that the project is to be used for rental purposes a new BMR agreement must be negotiated with the City prior to occupancy. (f) Development Schedule. Construction of the project shall commence on or before July 1, 1998, and shall be completed and ready for occupancy on or before December 31, 1999. (g) Mitigation Measures. All mitigation measures described in the Mitigated Negative Declaration for the project shall be implemented as conditions of project approval, and the Mitigation Reporting and Monitoring Program shall be implemented. // // // // // // // • SECTION 5. The mitigated, will not have a Council finds that this project, as significant environmental effect. SECT/ON 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: OCTOBER 20, 1997 PASSED: NOVEMBER 3, 1997 AYES: ANDERSEN, EAKINS, FAZZINO, HUBER, KNISS. ROSENBAUM. SCHNEIDER, WHEELER NOES: ABSTENTIONS: .ABSENT: MCCOWN ATTEST• Director of % ning and Community Environment OHM DOC.RME$TIS CENTIFTED td BE At! ORDINANCE DULY PASSED BY THE (=PI OF THE CITY OF PALO ALTO AND THE RE`4rERPOSTED I THE CtIAAi ERS ON tl 1d DAYS OF ITS P ) "I certify duel ruder p011ekr cst perlwy IAat the k1n1 0irE llz tiw afVe L DONIS 970917Iec0080374 EXHIBIT "A" .14 46.54 170.78. 305- 303-11-151;1f: N Project: 425- ,5 440-460 Pane Mii Roan' Zone change from i-iic1b Density Mu'ti-family Resides' i,-3! (Rh"•4C)) to Planned Community (FC) Ash Street 425 M-40410 • • ♦ • 4 m • 0 • • • • • O. • • • • • • • ♦ • • • • O • • • • • •1 • IN • • • •.bJ a ..• • • • • • • N • - • • s El Camino Real urea of f uturc 2 8 4 0 • Graphic Attachment. Date: July 30, 19S7 to Staff Report Sale:lip n- 203 Fi rifle #: 97 -ARC -S%7; 97-EIA-10 Project: 425.435 Sheridan Avenue/. 440.460 i ge i 1 goad Zone change from High Density Multi -family Residential (RM-40) to Planned Community (PC) to construct a new 35 unit, three story condominiums with subterranean parking and related site Improvements` North