HomeMy WebLinkAbout2012-06-11 Ordinance 5158Ordinance No. 5158
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 335
Alma Street from CD-N(P) Downtown Neighborhood
Commercial and 355 Alma Street from CD-C(P) Downtown
Community Commercial to PC Planned Community Zone (PC-
5158) for a Four Story, 50 Foot Tall (and an 70 Foot Tall Comer
Tower Feature) Mixed Office and Retail Project
Containing 52,163 Square Feet of Floor Area
The Council ofthe City of Palo Alto does ORDAIN as follows:
SECTION 1.
(a) Lytton Gateway LLC, ("the Applicant") applied on January 21,
2011 to the City for approval of a rezoning application (the "Project") for a new
Planned Community (PC) district for a property located at 335 and 355
Alma Street (the "Subject Property") to accommodate the uses set forth below.
(b) The Planning and Transportation Commission, at its meeting of
March 16, 2011, advanced the Project with an initiation to consider a Planned
Community Zone process for the establishment of Planned Community Zone
District.
(c) The Architectural Review Board, at its meeting of November
3, 2011, reviewed the Project design and recommended the City Council
approve the project with associated draft conditions of approval' Exhibit B.'
(d) The Planning and Transportation Commission, after a duly
noticed public hearing held February 22, 2012, reviewed, considered, and
recommended approval of the draft Mitigated Negative Declaration and an earlier
draft 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 to permit construction of a five-story, mixed use 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 the draft ordinance to be considered by Council on
March 12, 2012. The Commission also recommended approval of a Comprehensive
Plan resolution to designate a portion of the site to Regional Commercial.
(e) The Palo Alto City Council, after a duly noticed public hearing held on
March 12, 2012, adopted the Mitigated Negative Declaration and approved the
resolution revising the Comprehensive Plan land use designation. The Council
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continued its review of the project to allow for revisions by the applicant pursuant
to Council direction.
(f) The Palo Alto City Council, after due consideration of the
revised project, depicted on 'Exhibit AI (the Project), the analysis of the City
Staff, and the conditions recommended by the Planning and Transportation
Commission and the Architectural Review Board, finds that the proposed 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.
(h) The Council further approves exceptions to Section 18.38.150
allowing height in excess of 35 feet within 150 feet of a residential zone and
allowing encroachment into the daylight plane. The Council finds that these
exceptions do not result in incompatibility with the adjacent residential uses and
do not allow for floor area increases above 50 feet. These determinations are
made consistent with the fmdings of (g) above.
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 CD-N(P) and CDC(P) to
"PC Planned Community 5158".
SECTION 3.
The City Council hereby finds with respect to the Subject Property that the
Project comprises the following uses included in this ordinance for a mixed office
and retail development, depicted on the Development Plans dated April 18, 2012,
incorporated by reference, including the following components:
(a) A four-story Mixed Office and Retail Building at a height of 50 feet
for the enclosed floor area and 70 feet for the unenclosed corner tower feature, with
a total of approximately 52,163 total square feet of floor area.
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(b) Floors 2-4 of approximately 43,341 square feet consisting of three
floors of office use. Floor 2 will be approximately 13,511 square feet and floors 3 and
4 will be approximatelyl4,915 each. The height to the top of the fourth floor will be 50'.
(c) A Ground Floor of approximately 8,822 square feet consisting of 3,807
square feet of retail use and 3,375 square feet of lobby area and elevator and
stairwells to upper floors. The Lytton Avenue side commercial use includes
approximately 1,640 square feet of space for lease to a Palo Alto based non-profit
organization at below market rent. The Alma Street fronting
commercial use includes retail services and eating and drinking services only.
(d) Common Open Space area on the roof of the Building of approximately
4,500 square feet for the exclusive use of the office tenants of the building.
(e) A two and-one-half level underground garage with a minimum of 126
parking stalls, with an entrance from the surface parking area of the Subject Property.
SECTION 4.
Development Plan for the Subject Property dated December 8, 2011, and any
approved supplemental materia1,§ for the Subject Property, as submitted by the
applicant pursuant to Palo Alto Municipal Code Section (P AMC) 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 Permitted land uses shall be allowed and
limited as follows: Permitted Uses (subject to the limitations below under Section
Will.;.
(1) Professional and General Business Offices (excluding medical offices and
administrative office uses)
(2) Retail Services (excluding liquor stores)
(3) Eating and Drinking Services (excluding drive-in and take-out services)
Conditionally Permitted Uses:
(1) Private Educational Facility
(2) Commercial Recreation
(3) Convalescent Facilities
(4) Private Clubs, Lodges, and Fraternal Organizations.
(b) Special limitations on land uses include the following:
(1) The office uses within the project on floors 2-4 shall not exceed a total
floor area of 43,341 square feet;
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(2) Approximately 1,640 square feet of floor area on the ground floor shall be
leased to a Palo Alto-based non-profit for rents not to exceed 25% of market rates for
the life of the project.
(3) No medical office use shall be permitted within the development;
(4) No administrative office use shall be permitted within the development;
I
(5) The "Retail" space along Alma Street as identified on the Development
Plan shall be occupied by retail uses and eating and drinking services only.
(c) Development Standards:
Development Standards for the site shall comply with the standards prescribed
for the Planned Community (PC) zone district (PAMC Chapter 18.38) and as
described in Section Three and Section Four herein and in the Approved Development
Plans. The Council further approves exceptions to Section 18.38.150 allowing height
in excess of 35 feet within 150 feet of a residential zone and allowing encroachment
into the daylight plane. These determinations are made consistent with the findings
of Section (1)(g) above.
(d) Parking and Loading Requirements:
In addition to the parking and loading requirements specified in PAMC 18.52
and 18.54, a Transportation Demand Management Plan (TDM) Program shall be
developed for the Project in accordance with P AMC 18.52.050( d) for employees of the
Project. The TDM plan shall, at a minimum, include bicycle, pedestrian and public
transportation functions and an attendant parking program. The TDM 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, transit
passes or subsidies for all employees and tenants of the building, car sharing, bike
facilities, transportation information kiosks, and the designation of a transportation
demand coordinator for the building. The TDM program shall 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.
Additionally, an agreement for compliance with targeted reductions (minimum
20% single occupant vehicle trip reduction) shall be developed between the owners and
the City specifying a penalty schedule for non-compliance graduated over the initial five
years of the project and then for every five years thereafter and tied to equivalent fees
for in-lieu parking. The agreement shall be in effect prior to building occupancy and
shall be recorded to apply to subsequent owners as well.
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(e) Modifications to the Development Plan and Site Development
Regulations:
Subsequent to construction of the Project 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 development 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 proposed for the Project and in excess of those
required by City zoning districts.
(1) Financial contribution of $625,000 to the City of Palo Alto's
Affordable Housing Program (in additional to the required $850,000 commercial in-
~~~~. .
(2) Financial contribution of $625,000 to the City's Parking In-Lieu Fund
and payment of $1,476,200' to cover the cost of 22 in-lieu fee parking spaces (at
$67,100 per space).
(3) Inclusion of 3,807 square feet of ground floor retail uses and eating and
drinking service area proximate to the train station.
(4) Inclusion of 1,640 square feet of subsidized non-profit office space to
be leased to a Palo Alto-based non-profit at rent not to exceed 25% of market rates
for the life of the project.
(5) Provision of two (2) electric vehicle (EV) charging stations at off-site
parking spaces directly adjacent to the site along Alma Street (one level 3 and one
level 2 charging station), with the applicant responsible for all costs of installing the
EV stations. There will be no charge to the members of the public for using the EV
charging stations on Alma Street.
(6) Provision of two additional level 2 EV charging stations in the below-grade
parking garage.
(7) Provision of one Zip Car rental unit to be located in a designated space
within the surface parking lot behind the building that is open to the public
(8) Contribution of $250,000 to the City for Neighborhood Parking
Preservation Projects or Programs.
(9) Contribution of $60,000 in funding to support City efforts to initiate a
parking analysis for Downtown parking improvements.
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(10) Provision of 8 surface parking spaces as available to the public at all
hours daily (retail spaces), and 16 underground spaces available to the public on nights and
weekends.
(11) Development of an extensive Alma Street tree canopy with the
addition of 13 new street trees on the west side (Cal Train parking lot side) of Alma
Street between Lytton and Everett.
(12) Installation of pedestrian and urban design features, including widened
sidewalks and crosswalks, to enhance pedestrian safety and connectivity.
(13) Installation of street and vehicular improvements, including:
a. upgraded traffic signals at the intersection of Lytton and Alma, and
high visibility crosswalk striping;
b. southbound left turn lane and associated striping and improvements at
the Alma and University ramp (north ramp) to facilitate southbound left turns from Alma
to westbound University;
c. striped median and improvements on Alma between University and
Lytton;
d. upgraded bike lanes and markings: northbound bike lane on Alma
between University and Lytton; westbound bike lane and "bike box" on Lytton at the
Alma intersection, and southbound bike lane on Alma approaching Lytton;
e. pedestrian bulb-out along project frontage at the Lytton and Alma
comer, to shorten pedestrian crossing distances and walk times while improving safety;
f. new left turn lane from southbound Alma onto eastbound Everett (no
change to hours of permitted turns proposed);
g. expanded sidewalk and curb (four feet wider) along Lytton project
frontage to enhance pedestrian environment;
h. relocated street trees along Alma from existing sidewalk planting
strips to new planters (with new trees) located within parking lane, to increase the
usable sidewalk width from 8'3" to approximately 1 0'3"; i. ten new post-top
streetlights along Alma and Lytton at approximately 28-foot
spacing, to provide safe and attractive lighting (replacing two existing
streetlights );
j. street furnishings, including a bench for pedestrian seating on
Alma and trash and recycling receptacles along entire project frontage.
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(14) Provision of CalTrain Go-Passes, Eco Passes or the equivalent, as part of
the Transportation Demand Management program, for all employees of the
commercial spaces for the life of the project.
(g) Development Schedule:
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 on or before January 2013,
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,
with only one such extension permitted without a hearing, pursuant to PAMC
Section 18.38.130. The total time for the project construction and occupancy of
tenant spaces is expected to be 16 months, or by April 2014, unless extended by the
Director for up to one additional year.
SECTION 5.
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 6.
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 (except where a shorter timeframe is required in the
conditions of approval), the applicant or successor owner 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 7.
A mitigated negative declaration (MND) for this project was prepared in
accordance with the California Environmental Quality Act and circulated for public
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