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Home My WebLink About2009-03-30 Ordinance 5034· , Ordinance No. 5034 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 Located at 488 West Charleston Road from PC Planned Community 2565 to PC Planned Community 5034 The Council ofthe City of Palo Alto does ORDAIN as follows: SECTION 1. (a) Palo Alto Housing Corporation, a private non-profit affordable housing -----aagenGy,-{'-'the-Applieant~)fennally-applied-en-Jtlly-H},-20E*to-the-City-for-appmvru-of-a--.......... -- rezoning application (the "Amendment") to a new .. ~Illl111ed· COlUll'l:Ul1i'ty (PC) district f()f a~ __ _ ~-~~~p~ro~p~ert~y located at 488 West Chaileston Road (the "SiibJect PropertY") +0 accommodate the uses- set forth below. (b) The Architectural Review Board at its meeting of January 15, 2009, considered the Project and recommended its approval, subject to certain conditions. (c) The Planning and Transportation Commission, after a duly noticed public hearing held January 28, 2009, reviewed, considered, and recommended approval of the draft Initial StudylMitigated Negative Declaration and Environmental Assessment and recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended to rezone the Subject Property to a new Planned Community to permit construction of the proposed project depicted on Attachment A (the "Project"), consistent with conditions included in the Planned Community allowable land uses and required development standards, and subject to provision of the public benefits outlined in this ordinance. (d) The Palo Alto City Council, after due consideration of the proposed Project, =========l;thru' e~anf!jal;tty~i:S=Q8he-Git~-St-frffdmd-the-oondit1<ms-reetUllmended-b-y~£mnmissitm, .... _-=-- adopts the Initial StudylMitigated Negative Declaration and Environmental Assessment and finds that the proposed Ordinance is in the public interest and will promote the public health, safety and welfare, as hereinafter set forth. The Council fmds that (1) the Subject Property is so situated, and the use or uses proposed for the site are of such characteristics that the application of general districts or combining districts will not provide sufficient flexibility to allow for the Project; (2) development of the Subject Property under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts, as set forth in Section (4)(c) hereof; and (3) the use or uses permitted, and the site development regulations applicable within the proposed district are consistent with the Palo Alto Comprehensive Plan, and are compatible with existing and potential uses on adjoining sites or within the general vicinity. 090331 mb 8260942 1 SECTION 2. Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended by changing the zoning of Subject Property from "PC Planned Community 2565" to "PC Planned Community 5034." SECTION 3. The City Council hereby finds with respect to the Subject Property that the Project comprises a 100% affordable housing development, including: (a) Thirty-five (35) Below Market Rate (BMR) rental apartments including thirty- three (33) studios and two (2) one-bedroom units, with eight (8) of the units serving those in the Extremely Low Income (below 35% of the Santa Clara County Median Income) category and the remaining twenty-seven (27) units serving those in the Very Low Income (below 50% of the Santa Clara County Median Income) category; (b) Approximately 7,070 square feet of indoor common area; --------tc)-Afour-story-buildingwith-aJ11aximum-building-height-0f44feetincludiIlg a . two f90t tall p.arapet t9.s1!ield roof eguipment from view; (d) 34 parking spaces including two accessible spaces with a single driveway access from West Charleston Road; (e) Two (2) parking spaces to be kept in landscape reserve; (f) 39 bicycle storage spaces; (g) Retention of 12 protected trees onsite; and (h) Outdoor patio to be used as common usable open space. SECTION 4. A Development Plan for the Subject Property, pursuant to Palo Alto Municipal Code Section 18.38.120, shall be subject to the following allowable and required uses, development standards, provisions of public benefits, and conditions: ........ ;;:;;;:;::::==(=a=) ==P=e=rm= ... =it=ted=,=C=o= ... !1= ... ~=it=io=n=a=l,=an==d=R=eq:::::::ll=!r=e=d=U=s=e=s=s=h=al=l=b=c:::=a=l=lo=w=e=d==an:::::d==li=Illi='t=e=d=as==:::== ............ __ .. _---follows: ._-- 090331 mb 8260942 (1) Multiple Family Residential restricted to 100% BMR rental units, serving individuals who earn less than 50% of the Santa Clara County median income; (2) Accessory Facilities and uses customarily incidental to permitted uses; (3) (4) Home Occupations, when accessory to permitted residential uses; and Horticulture, Gardening, and Growing of food products for consumption by occupants of a site. 2 (b) Development Standards for the site shall comply with the standards prescribed for the Planned Community (PC) zone district (Chapter 18.38) and as modified in Section 4(d) below. (c) Compliance with Development Plan. All improvements and development shall be substantially in accordance with the Development Plan, and subject to the conditions of approval set forth in City Council Record of Land Use Action No. 2009-03. (1) Any exterior changes to the buildings or any new construction not specifically pennitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone or, if eligible, approval under Chapter 18.76 of the Palo Alto Municipal Code, as it is amended from time to time. (2y-----MinormVariations in Project::--Minor changes to tn.e-ProJectmay De _~~_~~~_~~~_~~al1nmved by .. the Director, according_to themmprovisionsof Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for architectural review. "Minor" changes do not include changes in land use. (d) Public Benefits. Development of the site under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts. The Project includes the following public benefits that are inherent to the Project and in excess ofthose required by City zoning districts: (1) Below Market Rate (BMR) housing provided as thirty-five (35) rental units, with eight (8) of the units serving those in the Extremely Low Income (below 35% of the Santa Clara County Median Income) category and the remaining twenty-seven (27) units serving those in the Very Low Income (below 50% of the Santa Clara County Median Income) category, the value of which will exceed what would ( e) Special Conditions (1) (2) 090331 mb 8260942 Below Market Rate (BMR) Housing Requirement. The Project shall provide thirty-five (35) BMR rental housing units, with eight (8) of the units serving those in the Extremely Low Income (below 35% of the Santa Clara County Median Income) category and the remaining twenty-seven (27) units serving those in the Very Low Income (below 50% of the Santa Clara County Median Income) category; and 3 , , (3) The Project shall not be subject to the Quimby Act parkland dedication ordinance (Municipal Code § 21.50.010 et seq.). (4) The Project shall include a Transportation Demand Management (TDM) program, per P AMC 18.52.050( d) which shall include provision of VTA Eco Passes to all residents and shall monitor the following issues: (A) Safety issues associated with left hand turning movements into and out of the site; (B) Bike and car interactions; and (C) Pedestrian and bike routes to work and school from the site. The TDM will include monitoring reports and recommendations as described --------jin-P-AMCScGtion-18.5k()$O(d)-butsubmitted-One-ycar-after final oGGupan .\TG)V-' ----- and every year thereafter for five after v\,,;,J .... fJ'cu~''''.J SECTIONS. Indemnification To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. II II II II II II II II II II 090331 mb 8260942 4 SECTION 6. date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ~YAt~mey. l~~~ .. Director of Planning and Community Environment 090331 mb 8260942 This ordinance shall be effective on the thirty-first day after the March 16, 2009 March 30, 2009 BURT, DREKMEIER, KISHIMOTO, KLEIN, MORTON, SCHMID, YEH BARTON ESPINOSA Mayor 5