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HomeMy WebLinkAbout1996-12-09 Ordinance 4389• ORDINANCE NO. 4389 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 901-909 ALMA STREET FROM CD-S(P) TO PC 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 11, 1996, and the Architectural Review Board, upon consideration at its meeting of August 1, 1996, 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. SE TION 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 901-909 Alma Street (the "subject property") from "CD-S(P) Commercial uowntown - 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 mixed use development, or for a development on this site that is compatible with the mix of uses, density and design of the surrounding neighborhood. Specifically, while the CD-S(P) District permits mixed residential and nonresidential use, it does not provide the flexibility for developing a mixed use project on a small lot, consistent with the character of predominantly service commercial areas such as Alma Street. The project design, which positions residential units above the Alma Street arterial corridor, serves to improve the quality of the residential living spaces and provides a more substantial building along Alma Street, consistent with the Downtown Urban Design Guide. While the CD-S(P) District 1 961211 lac 0080354 allows office and residential projects as permitted uses, the required provisions for developing residential uses within this district make it difficult to design a mixed use project which is compatible with the land uses and development pattern of the surrounding neighborhood, particularly along Alma Street. Adoption of the PC District for this project would permit the necessary flexibility in floor area, common usable open space, and off-street parking requirements so that a compatible, vertically integrated, mixed use project can be built on a relatively small lot. (b) The project will result in public benefits not otherwise attainable by application of general districts or combining districts, as follows: (i) The project design, which positions residential units above the Alma Street arterial corridor, provides an attractive, substantial building along Alma Street, consistent with the policies of the Downtown Urban Design Guide. The intersection of Channing Avenue and Alma Street is identified as an "Auto Entry" to the Downtown. The Guide suggests varying building heights along Alma Street "to create a mini -skyline along the western edge to anchor the downtown," and further suggest that buildings along Alma Street should be designed as "four sided" because they will tend to be taller than other buildings and will be visible from mnay elevated locations. The design of the project furthers these policies. (ii) The application of the PC District standards as proposed would result in public benefits by providing desirable street improvements along Alma Street and Channing Avenue in the v&.cinity of the project. These street improvements would be bFneficial to the neighborhood and community at large in that they will help to increase pedestrian activity in the area. The improvements consist of a special sidewalk treatment consisting of integral colored concrete paving along the Channing Avenue and Alma Street frontages, and a 1,786 sq. ft. pedestrian plaza facing Channing Avenue that includes raised planters, public seating, and new street trees and other landscaping. These improvements would not all be made available through development of the site under the CD-S(P) District regulations. (iii) The project will incorporate original art work, as approved by the Public Art Commission and the Architectural Review Board, which will be visible to the public. (iv) The applicant will resurface the portion of the alley adjacent to the site. (c) The uses permitted and the site development regulations applicable within the district are consistent with the 2 961211 lac 0080354 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) Housing Element, Program 1 - "In areas adjacent to the Downtown shopping area, maintain single-family and duplex areas and have multiple -family housing close to shops and offices.' The four proposed apartment units would provide an opportunity for employees of downtown businesse.e to live within easy walking distance of their jobs. (ii) Housing Element, Policy 6 - "Maintain at least the present number of znul tipl e -family rental units while working to increase the overall supply of rental housing." The project would increase the overall supply of rental housing by four units. (iii) Housing Element, Policy 14 and Employment Policy 2 - "Support the mixing of residential uses in commercial and industrial areas" and "encourage the construction of more housing primarily on or near industrial and commercial sites." The project would not only provide four additional housing units in a commercial area, but would provide a mix of office and residential uses on the same site. (iv) Housing Element, Program 13 - "In housing developments of three or more units, not less than 10 percent of the units should be provided at below market rates to low- and moderate -income families." The project will be required to pay an in -lieu fee which will be used to provide additional BMR housing in the City. (v) Housing Element. Program 32 - States in part that the City should "evaluate any disincentives which discourage residential use on land zoned for commercial and industrial use, and if necessary, eliminate or mitigate such disincentives." The PC zone change process is being used to accommodate the proposed mixed use project, which includes residential use on commercially zoned property. (vi) Urban Design, Program 15 - "Create Ldni-parks, pedestrian malls, promenades, open space, and areas where pedestrian would have right-of-way over automobiles.' The project includes a 1,666 sq. ft. pedestrian plaza fronting on Channing Avenue that includes a raised planter, public seating and new landscaping. (d) The Barking and loading plan for the project, which includes twenty-three (23) vehicular parking spaces, one fewer than would otherwise be required, is feasible and adequate given the design of and permitted uses for the site, and justifies 961211 lac 0080354 3 1 modification of the requirements of Chapter 18.83 with respect to number of parking spaces. Relevant data has been presenters by the project applicant to support the modification, in that the office portion of the project and the residential units will not have peak parking demands at the same time. Therefore, reduction of the required parking by one space is appropriate. SECTION 4. Those certain plans entitled "901 Alma, a Mixed Use Development for Douglas Ross" prepared by Columbus Architecture -Interiors -Planning, dated March 21, 1996, approved by the Architectural Review Board on August 1, 1996, with revisions dated August 29, 1996, together with revised landscape plan dated September 10, 1996, 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) Permittgd Uses. he permitted uses shall be limited to a mixed use project which includes approximately 4,425 sq. ft. of office use and four residential units. Conditional Uses. No conditional uses shall be allowe (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 shall be in accordance with Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code: 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 and amendment to this Planned Community Zone. (d) ,Parking and Loading Requirements. The parking and loading requirements governing the subject property shall be in accordance with the approved Development Plan, on file 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: 4 961211 lac 00E0354 (i) Bicycle parking spaces, in the number and type required under Chapter 18.83 of the PAMC, shall be provided on the site. (e) Development Schedule. Construction of the project shall commence on or before July 1, 1997, and shall be completed and ready for occupancy on or before September 1, 1998. (f) Special Reguiremepl,.@. The following special conditions and requirements 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) Pudic 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 exact nature and location of the art will be determined by the City's Public Art Commission (PAC), applying the standards set f'mrth in PAMC 2.26.040. The art shall be approved by the PAC prior to issuance of building permits for the project, and shall be fully installed by the date of initial occupancy of the project. (ii) BMR Requirement. In conformance with the City's Below Market Rate (BMR) requirernen (Program #13, Housing Element, Palo Alto C rehensive Plan), a lump sum payment in -lieu of provision of BMR housing shall be paid to City for deposit in the Housing Reserve Fund. This payment shall be $34,790, which was calculated based on a rental market value of $248,500 for each of the four residential units in the project, applying a rate of 3.5% times market value. The payment is due to City prior to occupancy of any of the residential units. The provisions of this condition f.(ii) have been negotiated between the City and the project applicant, and are set forth in that letter from the Applicant to the City's Assistant Planning Official dated November 25, 1S96. In the event of conflict between the November 25, 1996 letter and this Ordinance, the terms of this Ordinance shall prevail. (iii) Improvement Plans. Final plans, including complete lighting and photometric plans; detailed landscaping and irrigation plans encompassing on -and off -site plantable areas, with additional landscaping provided in the proposed parking court,; final plans for the public artwork; building materials and colors, including the glass, roof deck material, mullion details and the proposed cementious board and proposed signage shall be reviewed and approved by the ARB prior to issuance of building permits. The applicant shall reconsider the proposed parking court material 96121E lac 0080354 (asphalt) and the design of the building entry on Charming Avenue. All utility meters, lines, transformers, backflow preventers, electrical 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 respects the building design and setback requirements. The plans shall incorporate the improvements described in Sections 3(b) (ii) and 3(b)(iii) of this Ordinance. (v) 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 (96-EIA-12) for the project, on file with the Department of Planning and Community Environment. SECTION 5. The Council finds 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: November 4, 1996 PASSED: December 9, 1996 AYES: ANDERSEN, HUBER, MCCOWN, ROSENBAUM, SCHNEIDER, SIKITIAN, WHEELER NOES: ABSTENTIONS: ABSENT: FAZZINO, KNISS ATTEST: APPROVED: Senior Asst. City Attorney Director o Planning and Community Environment 6 961211 lac 0080354 Project: 901-909 Alma Street Change zoning from W -5(P) to PC (Panned Community) to allow construction of a new four story, mixed use project. Project: 901-909 A1rha Street Change zoning from _ Nt CD-S(P) to PC (Planned 200 00 Community) to allow construction of a new four story, mixed use t ti 1 I 1 e 1 project. 5cate: Ench 200 ft