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HomeMy WebLinkAbout2007-06-18 Ordinance 4956ORDINANCE 4956 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 3401, 3415 AND 3445 ALMA STREET FROM PC PLANNED COMMUNITY 1362 TO PC PLANNED COMMUNITY 4956 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. (a) Trestle Alma, LLC, a California limited liability corporation, and Greenbriar Homes Communities Inc., a California corporation, (collectively, "the Applicant") formally applied on July 18, 2006 to the City for approval of a rezoning application (the "Amendment") to a Planned Community (PC) district for three properties located at 3401, 3415 and 3445 Alma Street (the "Subject Property") to accommodate the uses set forth below. (b) The Planning Commission, after duly noticed public hearings held March 8 and 28, 2007, reviewed, considered, and recommended approval of the draft Mitigated Negative Declaration and recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended to rezone the Subject Property to Planned Community to permit construction of the proposed project depicted on Attachment A (the "Project"), as revised by conditions included in the Planned Community allowable land uses and required development standards, and subject to provision of the public benefits outlined below. ( c) The Council, after due consideration of the proposed Project, the analysis of the City Staff, the Mitigated Negative Declaration, and the modification of the proposed conditions recommended by the Planning Commission, 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 finds that (l) 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. SECTION 2. Section 18.08.040 of the Palo Alto Municipal Code, the "Zol'lJng Map," is hereby amended by changing the zoning of Subject Property from "PC Plannec("Community 1362" to "PC Planned Community 4956." ,~ 1 070625syn 0120232 SECTION 3. The City Council hereby finds with respect to the Subject Property that the Project comprises a mixed use development, including: (a) 17,300 square feet of ground floor retail services space in a mixed use building along the Alma Street frontage; (b) 3,500 square feet of basement office, storage and service area to support the retail services space in the mixed use building; (c) Three separate commercial buildings comprising 5,580 square feet of commercial uses; (d) A 1,330 square feet community meeting room; (e) Fourteen (14) Below Market Rate (BMR) rental apartments above the ground floor retail; (f) Thirty-seven (37) single-family detached residences; (g) Three driveways on Alma Street and driveway access to Ramona Street for three single-family units with frontage on Ramona Street; (h) Alma Street frontage improvements to reconfigure the frontage road between East Meadow and the Project to provide for one-way, northbound travel; (i) A pedestrian pathway along the southern perimeter of the site connecting Alma Street to Ramona Street; G) A public park area, to be privately maintained, designated for passive type recreational uses; and (k) Privately owned and maintained streets internal to the site. SECTION 4. A Development Plan for the Subject Property, pursuant to Palo Alto Municipal Code Section 18.68.120, shall be prepared and reviewed according to the Site and Design Review process outlined in Section 5 below. The Development Plan shall be subject to the following allowable and required uses, development standards, provisions of public benefits, and conditions: (a) follows: 070625syn 0120232 Permitted, Conditional, and Required Uses shall be allowed and limited as (1) All permitted and conditionally permitted uses allowed in the Neighborhood Commercial (CN) zone district as provided in Chapter 18.16 of the Zoning Ordinance, and, in addition, mixed commercial and residential uses as provided in Sections 3 and 4( d)of this Ordinance are permitted; (2) Within the mixed-used building ("Mixed Use Building") a grocery store with a minimum ground floor size of 11,500 square feet and total 2 mInImUm size of 15,000 square feet, (including approximately 3,500 square feet of basement for office, storage and service area supporting the grocery store) shall be required (see condition 4(d)(4) below). The 15,000 square feet of grocery store use may include sub-tenants providing products and/or services that are compatible with a grocery store use, and shall be more specifically defined as part of the approval of the site development plan; (3) In addition to the uses permitted and conditionally permitted under the CN zone, the following uses shall be permitted on the ground floor or second floor of the three (3) Neighborhood Commercial Buildings (approximately 5,580 square feet): Eating and Drinking Services, Retail Services, Day Care (not to exceed one-third of the floor area of the buildings), Banks and Financial Services, Neighborhood Business Services, Medical Offices, and Commercial Recreation; and (4) Community Room Uses. (b) Development Standards for the site shall comply with the standards prescribed for the Planned Community (PC) zone district (Chapter 18.68) and as modified in Section 4(d) below. (c) 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: 070625 syn 0120232 (1) Within the Mixed Use Building, a minimum of 15,000 square feet (including a minimum ground floor of 11,500 square feet and approximately 3,500 square feet of basement for office, storage and service area supporting the grocery store) shall be reserved for grocery store uses in perpetuity; (2) Park land dedication and improvement of approximately 8,900 square feet (0.2 acres); (3) Mixed Use Building constructed to the Leadership In Energy and Environmental Design (LEED) Silver standard; (4) Below Market Rate (BMR) housing provided as fourteen (14) rental units, the value of which will exceed what would otherwise be required by the City's BMR Program; (5) Provision of an approximately 1,330 square foot community meeting room (for community or nonprofit use) on the 2nd Floor of the Mixed Use Building; and 3 (6) Off-site Improvements along Alma Street and reconfiguration of parking south of the Subject Property, according to an approved Development Plan. (d) Special Conditions 070625 syn 0120232 (1) Variances and DEEs. A Variance or Design Enhancement Exception (DEE) is required for all exceptions to the Planned Community (PC) zone standards prescribed in Section 18.68.150 of the Zoning Code, other than proposed development that substantially conforms to the conditions of this Section 4( d) or that is depicted in an approved Development Plan. (2) Below Market Rate (BMR) Housing Requirement. The Project shall provide fourteen (14) BMR rental housing units. (3) The BMR units shall be second floor units above commercial uses in the Mixed Use BUilding. The units shall be in conformance with the City's BMR program requirements and a BMR Agreement for the Project shall be approved by the City prior to final map approval; (4) Within the Mixed Use Building, a minimum of 15,000 square feet (including a minimum ground floor of 11,500 square feet and approximately 3,500 square feet of basement for office, storage and . service area supporting the grocery store) shall be reserved for grocery store uses in perpetuity. The 15,000 square feet of grocery store use may include sub-tenants providing products and/or services that are compatible with a grocery store use, and shall be more specifically defined as part of the approval of the site development plan; (5) Parkland of approximately 8,900 square feet (0.2 acre) shall be provided as depicted in a Development Plan approved pursuant to according to the Site and Design Review process outlined in Section 5 below; (6) The Mixed Use Building shall have a gross ground floor area of approximately 17,300 square feet, all of which shall be devoted to retail service uses in perpetuity. A minimum of 11,500 square feet of such area shall, as set forth in Section 4( d)( 4), be devoted to grocery store uses in perpetuity; (7) Total commercial development shall comprise approximately 27,720 square feet in the following configuration: 1. Approximately 17,300 gross square feet of ground floor retail services in the Mixed Use Building located adjacent to the Alma Street frontage; 11. Approximately 3,500 square feet of retail/office/storage in the basement of the Mixed Use Building; 4 070625 syn 0120232 iii. Approximately 5,580 square feet of Neighborhood Commercial Space (3 two-story buildings, approximate square footage includes both first and second floors). iv. A community room of 1,330 square feet. (8) The community room shall comprise approximately 1,330 square feet on the 2nd floor of the Mixed Use Building and shall be used for community or non-profit uses; (9) The three interior commercial buildings, "D" street, and the associated removable bollards (as shown on Attachment A) shall be sited to enhance the retail quality of this portion of the property. The applicant and staff may consider alternative configurations, including consolidating buildings, provided that an equivalent ratio of ground floor commercial is provided; (10) The Mixed Use Building shall not be required to meet the 30-foot special setback along Alma Street, and shall be set back in accordance with a Development Plan approved pursuant to according to the Site and Design Review process outlined in Section 5 below; (11) The project shall provide for 37 detached homes on small lots, including along the transition areas to Emerson and Ramona Street homes. The housing types and sizes shall be in substantial conformance with that shown in Attachment A, and shall be located in accordance with an approved Site Development Plan. (12) Residential FAR shall be allowed at 0.52, not to exceed 82,274 square feet for the 37 single-family detached residences and 13,267 square feet for the 14 below-market rate rental units; garages shall not count in FAR; (13) The Project shall not be subject to the Quimby Act parkland dedication ordinance (Municipal Code § 21.50.010 et seq.); and (14) Required parking shall be calculated at four (4) parking spaces per 1,000 square feet of commercial ground floor and second floor area, one (1) parking space per 1,000 square feet of commercial basement area, and no parking spaces for the community room. (15) No building permit shall be approved (other than for model homes, with no more than one model 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 the 15,000 square feet of grocery store use in the Mixed Use Building. The Lease Agreement shall require that Occupancy of the grocery store shall occur not later than the earlier of 15 months after issuance of the first building permit for the Mixed Use Building or 15 months after issuance of the first building permit for the residential development (other than for model homes, with not more than one model per plan type). Final inspection and occupancy 5 shall be allowed for not more than 19 homes (including model homes) prior to final inspection and occupancy approval for the grocery use. 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 the PC ordinance. (16) Prior to approval of the site development plan by the City Council, the applicant shall provide an agreement, lease or other documentation indicating how the community room would be used, including the activities allowed, the parties involved, the time period of the commitment, maintenance responsibilities, cost allocation, and enforcement mechanisms. (17) A Leadership in Energy and Environmental Design (LEED) checklist shall be provided for Architectural Review Board review of the site development plan. Prior to building permit issuance, the City shall retain an architectural consultant (at the applicant's expense) qualified in LEED requirements to verify compliance with LEED Silver level standards in the construction documents and again prior to final inspection and occupancy. SECTION 5. Site and Design Review and Approval (a) Site and design review of the Development Plan for the Project shall be required as follows: Site and Design Review of the Development Plan and Architecture shall be reviewed by the Planning and Transportation Commission, then by the ARB, and then by City Council. The City Council's decision is final. 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 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. SECTION 7. Acceptance by Applicant If the Applicant does not accept the Proposed ordinance in writing prior to second reading of the ordinance and within 30 days of the Council's adoption, the question of the appropriate zoning of the Alma Plaza site shall be referred to the Planning and Transportation Commission for their consideration and recommendation, which may include the CN zone, the CN zone plus various overlays, a newly crafted zone applicable to Neighborhood Centers or such other zone as the Commission deems appropriate. 6 070625 syn 0120232 SECTION 8. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: 070625 syn 0120232 May 14,2007 June 18, 2007 BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN, KLED'lBERG, MORTON, MOSSAR BARTON APPROVED: 7 Tho City of Palo Alto 3401,3415,3445 Alma Street PC Zone Change This map is a product of the City of Palo Alto GIS -. 0' 162' This dooorneot is iii graphic The eny of Palo AIle auumes 00 tespoMitilhly ~epresen!.atioo cnIy of best aveiJllble &OUte8$,. any 8(lO(8 01969 to 2007 CIty of Palo Allo ATTACHMENT A