HomeMy WebLinkAbout2013-11-18 Ordinance 5224Ordinance No. 5224
Ordinance of the Council of the City Of Palo Alto Amending Ordinance 5150
{amending Section 18.08.040 of the Palo Alto Municipal Code [The Zoning
Map] to Change the Classification of Property Located at 2080 Channing
Avenue [Edgewood Plaza] to PC Planned Community Zone (PC 5150)) to Allow
the Reconstruction of Building #1 with All New Materials.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1.
(a) On April 9, ~012, the City Council granted Planned Community (PC)
Zoning Ordinance 5150 ("Project") to permit the redevelopment ofthe property
commonly known as the Edgewood Shopping Center located.at 2080 Channing Avenue
(the "Subject Property"). A copy of Ordinance 5150 is attached as Exhibit C and
incorporated by reference. As part of that PC, the applicant Sand Hill Property Company
(Applicant) was required to rehabilitate Building 1, identified as a historic resource, in
accordance with the Secretary of Interior Standards for Rehabilitation.
(b) In September 2012, the Applicant without permission of the City,
demolished Building 1 rendering reconstruction infeasible. The City immediately put a
Stop Work Order on the remaining portion of the Project. Subsequently, the City
permitted certain aspects of the Project to move forward.
(c) On February 26,2013, the Applicant applied to the City for an
amendment to Planned Community Zoning (PC) 5150 to substitute the reconstruction of
Building 1 for the rehabilitation of Building 1 to accommodate the uses set forth below.
(d) The Historic Resources Board, at its meeting of August 21,2013,
reviewed the Project and recommended the City Council approve the amendment with
associated draft conditions of approval/Exhibit B.'
(e) The Planning and Transportation Commission, after a duly noticed
public hearing held September 11, 2013, reviewed, considered, and recommended
certification of the Final Supplemental Environmental Impact Report, then reviewed the
Planned Community, and recommended that Section 18.08.040 (the Zoning Map) ofthe
Palo Alto Municipal Code be amended to rezone the Subject Property to a new Planned
Community zone for the proposed project depicted on IExhibit A,' (the "Project"),
consistent with conditions included in the Planned Community zone related to allowable
land uses and required development standards, and subject to provision of the public
benefits outlined in this ordinance. Draft conditions of project approval "Exhibit B"
attached to this document and incorporated by reference were presented to the PTC for
review and comments.
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(f) The Palo Alto City Council, after due consideration of the proposed
Project, the analysis of the City staff, and the conditions recommended by the Planning
and Transportation Commission, certified the Final Supplemental Environmental Impact
Report and Mitigation Monitoring Program, concurred with the recommendations from
the PTC and the HRB, approved conditions of approval attached as Exhibit B hereto, and
found that the proposed project and this Ordinance is in the public interest and will
promote the public health, safety and welfare, as hereinafter set forth.
(g) The Council finds that the findings made in Ordinance 5150 justifying
the granting of Planned Community 5150 still apply to the Subject Property in that the
Project will incorporate the modified community benefits described in Section (3)(f)
hereof.
SECTION 2.
Ordinance 5150 amending Section 18.08.040 of the Palo Alto Municipal Code,
the "Zoning Map," is hereby amended as follows: The project is as depicted on the
Development Plans dated February 2, 2012 and amended in Development Plans dated
September 11, 2013, incorporated by reference, including the following new
component:
(a) Reconstruction of Building #1 with all new materials in the originally
approved location and configuration.
Except as herein modified, all other provisions of Ordinance 5150, including any
exhibits and conditions, shall remain in full force and effect.
SECTION 3.
Section 4 of Ordinance 5150 is amended to additionally require compliance with
(i) the February 29, 2012 Development Plans as amended on September 11, 2013, (ii)
the conditions of project approval attached as Exhibit B, and (iii) any approved
supplemental materials for the Subject Property, as submitted by the applicant pursuant
to Palo Alto Municipal Code (PAMC §18.38.090). In addition, Sections (f) and (g) shall be
amended as follows:
(f) Public Benefits:
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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 of those required by City zoning
districts.
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(1) Rehabilitation of Building #2 and reconstruction of Building
#1 in a design significantly closer to its original appearance
with the inclusion of custom made windows in the original
design, with narrow full height frames and projecting
moldings. Rehabilitation ofthe original historic monument
sign for the shopping center.
(2) Redevelopment and rehabilitation of a high-quality shopping
and commercial area on the Edgewood Plaza site that will
serve the community, including the provision of a new
grocery store for the local neighborhood, in a manner that
reflects the mid-century aesthetic and design of the existing
buildings and surrounding Duveneck/Saint Francis (Edgewood
and Green Gables) neighborhood. Reconstruction of Building
#1 will enable a complete restoration ofthe shopping center.
(3) Provision of a grocery store in the 20,GOO sq. ft. building. The
commercial property owner shall ensure the continued use of
the 20,GOO sq. ft. building as a grocery store for the life of the
Project;
(4) Provision of 0.20 acre public park, via public access easements
in perpetuity. The park would be maintained by the
commercial property owner and shall not be used for
seating/activities associated with the retail uses. The Applicant
shall provide an on-site display highlighting Joseph Eichler's
achievements in the Park.
(5) Payment to the City of $94,200 with respect to the improper
demolition of Building #1.
(G) Provision of two Level 2 Electric Vehicle chargers and one
Level 2 Electric Vehicle charger.
(g) Development Schedule:
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The project is required to include a Development Schedule pursuant to
PAMC §18.38.100. The approved Development Schedule is set forth
below:
Construction' of the Project shall commence immediately following the
adoption of the PC zone, unless a change in the development schedule is
approved by the Director of Planning and Community Environment, not
to exceed a one year extension in time and only one such extension
without a hearing, pursuant to PAMC §18.38.130. The total time for the
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project construction and occupancy of tenant spaces is expected to be 12
months following adoption of the PC zone, or by October 2014, unless
extended by the Director for up to one additional year.
SECTION 4.
A Supplemental Environmental Impact Report (SEIR) for this project was
prepared in accordance with the California Environmental Quality Act. The City Council
certified the EIR and Mitigation Monitoring Program and adopted a resolution at its
meeting of October7, 2013.
SECTION 5.
The plans referenced consist of plans titled "Edgewood Shopping Center"
prepared by Kenneth Rodrigues & Partners, Burton Architecture, Sandis and the
Guzzardo Partnership, dated February 29, 2012, including the Tentative Map for
Edgewood Plaza, prepared by Sandis, dated September 11, 2013.
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Exhibit B
CONDITIONS OF APPROVAL
2080 Channing Avenue -Edgewood Plaza/ File No. 13PLN-00197
DEPARTMENT OF PLANNING AND COMMUNITY ENVIRONMENT
Planning and Transportation Divisions
1. The plans submitted to obtain all permits through the Building Inspection Division
shall be in substantial conformance with the revised plans, project details and
materials received on March 22, 2012 and as modified in plans received on
September 11, 2013, except as modified to incorporate these conditions of
approval.
2. All conditions of approval shall be printed on the cover sheet of the plan set
submitted to obtain any permit through the Building Inspection Division.
3. Construction details, colors, materials, and placement of the shopping center signs
and roof mounted equipment shall be submitted to the Planning Division for
review prior to submittal of the building permit.
4. All conditions required in PC-S1S0, including mitigation measures, are still
applicable unless specifically amended by the document.
5. Prior to the submittal of a building permit application, a historic consultant shall be
hired by the City and paid for the applicant to review the building permit submittal
and construction of Building #1 to confirm compliance with this approval and
mitigation requirements ofthe project's Supplement Environmental Impact
Report.
6. Building #1 shall be constructed of materials that were approved for use in
Building #2 to the satisfaction of the Director of the Planning and Community
Environment Department.
7. A plaque identifying Building #1 as a reconstructed building shall be installed on
Building #1 to the satisfaction ofthe Director ofthe Planning and Community
Environment Department.
8. Storefront glass shall not be obstructed by shelves or storage and shall remain
primarily open to permit public viewing of interior of store, except as allowed by
the Sign Ordinance. The Director may permit display of store's merchandise or
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other window display in his or her discretion provided it shall not impact the
neighborhood serving retail environment.
EIR Mitigation Measures
9. MM CR-2.2: The applicant shall create a display illustrating the history of the
Edgewood Plaza as built by Eichler Homes, prior to approval of final occupancy.
10. MM CR-2.3: Distinctive materials and defining architectural features, finishes, and
construction techniques of Building 2 including windows, frames, and eaves will be
retained to the extent possible to the satisfaction of the Director of the Planning
and Community Environment Department, as the building elements will require
some alterations due to ADA compliance, public safety, building code compliance,
or deteriorated condition. The existing building components, to the satisfaction of
the Planning Director, may be constructed out of new building materials that
match the character and form of the existing, if reuse of existing building
components is not feasible. Prior to the rehabilitation of Building 2, a qualified
historic preservation architect shall review the plans for the remodeled buildings
and verify that the work on these buildings is in keeping with the buildings' original
design and applicable Secretary of the Interior's Standards for Rehabilitation, such
as Standards #5, 6, 7, and 9.
11. A new Building 1 will be constructed of new building materials that match the
character and one-story form of the commercial buildings of Edgewood Plaza as
built by Eichler Homes, consistent with the previously approved building
elevations. As a condition of approval, all facades of Building 1 will be wood-
framed storefront systems that replicate the detail of the original 1957 window
design.
12. The final design and materials to be used in the renovation of Building #2 and
reconstruction of Building #1 will be reviewed and approved by the Director and
the Historic Preservation Planner ofthe City of Palo Alto Planning and Community
Environment Department.
13. Government Code Section 66020 provides that project applicant who desires to
protest the fees, dedications, reservations, or other exactions imposed on a
development project must initiate the protest at the time the development project
is approved or conditionally approved or within ninety (90) days after the date that
fees, dedications, reservations or exactions are imposed on the
project. Additionally, procedural requirements for protesting these development
fees, dedications, reservations and exactions are set forth in Government Code
Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD
OR TO FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE
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SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR
REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS.
14. This matter is subject to the Code of Civil Procedures (CCP) Section 1094.5, and the.
time by which judicial review must be sought is governed by CCP Section 1094.6.
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Exhibit C
Ordinance No. 5150
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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 2080 Channing
Avenue (Edgewood Plaza) from Planned Community (PC-I643) to
PC Planned Community Zone (PC-SlS0) for the Renovation of the
Three Existing Eichler Retail Structures, On-Site Relocation of One of
the Retail Structures, Construction ofTen New Single-Family Homes,
and Creation of a 0.20 Acre Park
TheCounci1 of the City of Palo Alto does ORDAIN as follows:
SECTION 1.
(a) Sand Iiill Property Company, (''the Applicant',) applied on June 1,2010 to
the'City for approval of (1) a rezoning application (the "Project") for a new Planned
Community (PC) district for a property located at 2080 Channing Avenue (the "Subject
Property") to accommodate the uses set forth below and (2) a Tentative Map to subdivide
the 3.58 site into one commercial lot, including a 0.20 acre park, dedicated to the City
with public access easements and maintained by the commercial property owner, and ten
single family residential10ts. .
(b) The Tentative Map plan set, dated February ~5, 2012, and last revised on
March 19,2012 includes information on the existing parcels, onsite conditions, and the
layout of the proposed new lots. These drawings are in compliance with the applicable
provisions of the City's Subdivision Ordinance. These plans contain all.information and
notations required to be shown on a Tentative Map (per PAMe Sections 21.12 and 21.13),
as well as the design requirements concerning the creation of lots, str~s, walkways, and
similar features (P AMC 21.20).
(c) . The Planning and Transportation Commission, at its meeting of April 27,
2011, acted favorably on the applicant's request for initiation of the Planned Community
Zone process for the establishment of Planned Community Zone District No. PC-5150.
(d) The Architectural Review Board, at its meeting of February 2, 2012,
reviewed the Project design and recommended the City Council approve the project with
associated draft conditions of approval 'Exhibit B.'
(e) The Planning and Transportation Commission~ after a duly noticed public
heanng held February 29, 2012, reviewed, considered, and recommended certification of
the Final Environmental Impact Report,' then reviewed the Planned Community and
Tentative Map and this ordinance, 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 zone for the proposed project depicted on 'Exhibit . A,' (the
"Project'), consistent with conditions included in the Planned Community zone related to
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allowallie land uses and required development standards, and subject to provision of the
public benefits outlined in this ordinance and recommended approval of the Tentative
Map. Draft conditions of project approval "Exhibit B" attached to this docwnent and
incorporated by reference were presented to the PTC for review and comments.
(f) The Palo Alto City Council, after due consideration of the proposed
Project, the analysis of the City staff, and the conditions recommended by the Planning
and Transportation Commission, certified the Final Environmental Impact Report and
" Mitigation Monitoring Program, concurred with the recommendations from the PTC and
the ARB, and found that the proposed project and this Ordinance is in the public interest
and will promote the public health, safety and welfare, as hereinafter set forth.
(g) The Council finds 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 (Goals,
Policies, and proposed designation of Mixed Use for the Subject Property) and are
compatible with existing and potential uses on adjoining sites or within the general
vicinity.
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 Planned Community (pC-
1643) to ''PC Planned Community Zone 51S0".
SEcrION3.
The City Council hereby finds with respect to the Subject Property that the project
(the "Project") comprises the following uses included in this ordinance and a mixed use
development, depicted on the Development Plans dated February 2,2012, incorporated
by reference, including the following components:
(a) Renovation of an existing 37,965 sq. ft. shopping center, including
relocation and renovation of the 10,000 sq. ft. retail building, renovation of the 7,800 sq.
ft. retail building in place, and renovation of the 20,600 sq. ft. building in place for use as
a grocery store, deletion of the outer parking lots and expansion of the remaining parking
lot, and associated site improvements
(b) Construction of ten detached residential units on fee simple lots along
Channing Avenue, including five surface parking stalls and ten two-car garages.
(c) Construction of a 0.20 acre park at the comer of Channing Avenue and St.
Francis Drive. The park shall include public access easement so that it would be a public
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. park to be ma41tained by the commercial property owner in perpetuity. There shall not
be any use of the park for the purposes of the retail tenants.
(d) A Tentative Map to subdivide the 3.58 acre site into eleven parcels. The
first parcel (2.73 acres) would contain the existing grocery building, the other two retail
buildings ("Buildings 1 and 2") and the new 0.20 acre park. The park would include a
public access easement allowing use as a public park, and would be "maintained by "the
owner of the commercial parcel. The remaining ten parcels (ranging from 3,376 to 4,026
sq. ft.) woUld be created for the ten residences. Private easements would be provided for
the driveways and walkways.
SECTION 4.
The Development Plan for the Subject Property dated February 29, 2012, and any
approved supplemental materials for the Subject Property, as submitted by the applicant
pursuant to Palo Alto Municipal Code (pAMC §18.38,090), shall be subject to the
following permitted and conditional land uses and special limitations on land uses,
development standards, parking and loading requirements, modifications to the
development plans and provisions of public benefits outlined below, and conditions of
project approval, attached and incorporated as "Exhibit B".
(a) Permitted, Conditionally Pennitted land uses shall be allowed and limited
as follows:
Permitted Uses (subject to the limitations below Wider Section 4(b):
(1) Ten residential units;
(2) Retail Services (excluding liquor stores);
(3) Eating and Drinking Services (excluding drive-in services);
(4) Personal Services;
(5) Neighborhood Business Services;
(6) Financial Services (excluding drive-up services);
(7) A 0.20 acre public park, via public access easements;
(8) Accessory" facilities and activities customarily associated with or
essential to permitted uses, and operated incidental to the principii use.
Conditionally Pennitted Uses:
(1) Small tutoring center or afterschool program. center;
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(2) Limited commercial recreation;
(3) Farmer's Markets or similar.
(b) Special limitations on land uses include the following:
(1) The 20,600 sq. ft. building shall be primarily used for grocery uses
only;
(2) No medical office shall be permitted within the development;
(3) No administrative office use shall be permitted within the
development;
(4) The "Retail" space as identified on the Development Plan shall be
occupied by retail uses, personal service uses, eating and drinking
services or customer serving financial services only, except where a
conditional use permit is required in accordance with 4(a).
(c) Development Standards;
. Development Standards for the site shall comply with the standards
prescribed for the Planned Community (PC) Zone District (P AMC
Chapter 18.38) and as descnbed in Section Three and Section Four herein
and in the Approved Development Plans.
(d) P~king and Loading Requirements:
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In addition to the parking and loading requirements specified in P AMC
§§18.52 and 18.54, a Transportation Demand Management Plan ("TOM")
Program shall be developed for the Project in accordance with P AMC
§18.52.0S0(d) for employees of the Project. The TOM plan shall include
bicycle, pedestrian and public transportation functions. The TOM plan
shall be approved by the Director of Planning and Community
Environment prior to issuance of building permits for the site and shall
include, at a minimum, offer for parking cash out, bike facilities,
transportation infonnatiori kiosks, and the designation of a transportation
demand coordinator for the building.
The TOM program will include monitoring reports, which shall be
submitted to the Director not later than two years after building occupancy
and again not later than five years after building occupancy, noting the
effectiveness of the proposed measures as compared to the initial
performance targets, and suggestions for modifications if necessary to
enhance parking and/or trip' reductions. Where the monitoring reports
indicate that performance measures are not met, the director may require
further program modifications.
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(e) Modifications to the Development Plan and Site Development
Regulations:
Once the project has been constructed consistent with the approved
Development Plan, any modifications to the exterior design of the
Development Plan or any new construction not specifically permitted by
the Development Plan or the site developinent regulations contained in
Section 4 (a) -(c) above shall require an amendment to this Planned
Community zone, unless the modification is a minor change as described
in PAMC §18.76.050 (b) (3) (e), in which case the modification may be
approved through the minor Architectural Review process. Any use not
specifically permitted by this ordinance shall require an amendment to the
PC ordinance.
(f) 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 of those required by City zoning districts.
(1) Preservation and renovation of an existing historically significant .
shopping center developed by Eichler Homes, eligible for federal,
state and local historic registries;
(2) Provision of a grocery store in the 20,600 sq. ft. building;
(3) Provis~on of a 0.20 acre public park, via public aCcess easements,
in perpetuity. (Land is dedicated for the ten units, plus an
additional 5,000 sq. ft., where an in-lieu fee could also be
proposed. The park would b~ maintained by the commercial
property owner.) The park shall not be used for seating/activities
associated with the retail uses.
(4) Provision of three (3) electrical vehicle (BV) charging stations
installed onsite, subject to final City approval. The applicant shall
incur all costs of the installation.
(g) , Development Schedule:
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The project is required to include a Development Schedule pursuant to
PAMC §18.38.100. The approved Development Schedule is set forth
below: .
Construction of the Project shall commence imm~ately following the
adoption of the PC zone, unless a change in the development schedule is
approved by the Director of Planning and Community Enviromnent, not
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to exceed a one year extension in time and only one such extension
without a hearing, pursuant to PAMC §18.38.130. The total time for the
project construction and occupancy of tenant spaces is expected to be 24
months following adoption of the PC zone, or by March 2014, unless
extended by the Director for up to one additional year.
(h) No building permit shall be approved (other than for model homes with
no more than" one model home per plan type) for residential development
prior to submittal to the Director of a lease agreement or other legally
binding commitment from a grocery operator to occupy 20,600 square
feet in the Grocery Building. The Lease Agreement shall require that
Occupancy of the grocery "store shall occur not later than 15 months after
the issuance of the first building pennit for the Grocery BuildUlg or 15
months after issuance of tQe first building permit for the residential
development (other than a model home). Final inspection and occupancy
shall be allowed for not more than 5 homes (including model homes)
prior to final inspection and occupancy approval for the grocery store.
Bonding or other financial security may be considered" in lieu of these
requirements only upon review and approval by the City Council as an
amendment to this PC ordinance.
SECTIONS.
Tentative Map Findings. A legislative body" of a city shall deny approval of a
Tentative Map, if it makes any of the following findings (California Government Code
Section 66474):
1. That the proposed map is not consistent with applicable general and
specific plans as specified in Section 65451:
This finding can not be made in the affirmative. The site does not lie
within a specific plan area and is consistent with the provisions of the Comprehensive
Plan. The land use designation in the area of the subdivision is Neighborhood
Commercial and the zoning designation is Planned Community (PC) District. The
proposed development of the commercial and residential mixed use development is
" consistent with the land use and zoning designations of the site.
2. That the design or improvement of the proposed subdivision is not
consistent with applicable general and specific plans:
This finding can not be made in the affirmative. The map is consistent
with applicable Comprehensive Plan policies, particularly including: (1) Policy L-1 -
Limiting" future urban development to currently developed lands within the urban service
area; (2) Policy L-4 -Maintain Palo Alto's varied residential nei~borhoods while
sustaining the vitality of its commercial areas and public facilities. Use the Zoning
Ordinance as a tool to enhance Palo Alto's desirable qualities; (3) Policy L-9 -Enhance
desirable characteristics in mixed use areas. Use the planning and zoning process to
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create opportunities for new mixed use development; and (4) Policy B-27 • Support the
upgrading and revitalization of Palo Alto's four Neighborhood Commercial Centers.
3. That the site is not physically suitable for the type of development:
This finding can not be made in the affirmative. The site can
accommodate the proposed subdivision, as it is currently vacant, flat, and absent any
significant vegetation. The lots conform to the width, depth, and area requirements of this
Planned Community Zoning District. The design of the mixed use, commercial and
residential buildings require Archi~tural Review approval. The proposed development
was recommended for approval by the City Council from the Architectural Review Board
on February 2, 2012.
4. That the site is not physically suitable for the proposed density of
development: .
. This finding can not be made in the affumative. The subdivision would be
consistent with the site development regulations of this Planned
Community Zoning District and would not affect the location of the
existing property lines at the perimeter of the site.
S. That the design of the subdivision or the proposed improvements is likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat:
This ·finding can not be made in the affirmative. The subdivision would
not cause environmental damage or injure fish, wildlife, or their habitat, as
the site is currently fully developed with a vacant conimercial
development. An Environmental Impact Report was adopted certifying
that there will be no significant unmitigated en~nmentalimpacts.
6. That the design of the subdivision or type of improvements is likely to
cause serious public health problems:
This finding can not be made in the affinnative. The subdivision of the
eXisting parcel for a commercial and residential mixed use development
will not cause serious public health problems.
7. That the design of the subdivision or the type of improvements Will
conflict with easements, acquired by the public at large, for access through
or use of, property within the proposed subdivision. In this connection,
the governing body may approve a map if it finds that alternate easements,
for access or for use, will be provided, and that these witi be substantially
equivalent to ones previously acquired by the public. This subsection
shall apply only to easements of record or to easements established' by
judgment of a court of competent jurisdiction and no authority is hereby
granted to a legislative body to determine that the public at large has
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acquired easements for access through or use of property within the
proposed subdivision.
This finding can not be made in the affirmative. The subdivision of the
existing parcel will not conflict with easements of any type; in that the
subdivision is compatible with adequate emergency vehicle access and
any utility easements that would be required to serve the proposed
developments.
SECTION 6.
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 pet.mit 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
SECTION 7.
Monitoring of Conditions and Public Benefits. Not later than three (3) years
following the approval of building occupancy by the City and every three (3) years
thereafter, the applicant shall request that the City review the project to assure that
conditions of approval and public benefits remain in effect as provided in the original
approval. The applicant shall provide adequate funding to reimburse the City for these
costs. If conditions or benefits are found deficient by staff, the applicant shall correct
such conditions in not more than 90 days from notice by the City. If correction is not
made within the prescribed timeframe, the Director of Planning and Community
Environment will schedule review of the project before the Planning and Transportation
Commission and Council to determine appropriate remedies, fines or other actions.
SECTION 8.
An Environmental Impact Report (EIR) for this project was prepared in
accordance with the California Environmental Quality Act. The City Council certified
the 'EIR and Mitigation Monitoring Program and adopted a resolution at its meeting of
March 19,2012.
SECTION 9.
The plans referenced consist of plans titled "Edgewood Shopping Center"
prepared by Kenneth Rodrigues & Partners, Burton Architecture, Sandis and the
Guzzardo Partnership, dated February 29, 2012, including the Tentative Map for
Edgewood Plaza, prepared by Sandis, dated February 15,2012.
SECTION 10.
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This ordinance shall be effective on the thirty-first day after the date of its
adoption (second reading).
INTRODUCED:
PASSED:
March 19,2012
April 9, 2012
AYES:
NOES:
BUrt, Espinosa, Klein, Price, Schmid, Shepherd, Yeh
Holman
ABSTENTIONS:
ABSENT: Scharff
ATTEST: APPROVED:
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. Clerk .
Assistant City Attome;z:::.-.
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Director of Planning and
Community Environment