HomeMy WebLinkAbout2006-10-10 Ordinance 4918ORDINANCE NO. 4918
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 SAN
ANTONIO ROAD: TAUBE-KORET CAMPUS FOR JEWISH LIFE
PROJECT FROM GM TO PC PLANNED COMMUNITY, A
COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE LAND
USE MAP FROM LIGHT INDUSTRIAL TO MIXED USE, A
VARIANCE FROM A HEIGHT REQUIREMENT, AND A BELOW
MARKET RATE HOUSING PLAN
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. Application and Hearings.
(a) Application has been made to the City for approval of
the demolition of an existing commercial parking lot at 901 San
Antonio Road, and the construction on an approximately eight and
one-half acre site bounded by San Antonio Road, Fabian Way, and
Charleston Road of a ±432, 200 square foot mixed-use building
including 193 condominium style congregate care and assisted living
senior dwelling units, ±134,100 square feet of community center
space, and an at-grade parking garage (the "Project").
(b) The Architectural Review Board at its meeting of May
18; 2006 considered the Project and recommended its approval,
subject to certain conditions.
(c) The Planning Commission, after duly noticed public
hearings held June 28, 2006 and July 26, 2006 recommended that
Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code
be amended as hereinafter set forth to permit construction of the
Project.
(d) The 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.
SECTION 2. Variance.
The Proj ect requires a variance from the height
requirements of Section 18.68.150 of the Palo Alto Municipal Code,
which sets the maximum height of building within the PC district at
50-feet above grade. The extent of the variance request is
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contained in Exhibit "B", attached hereto and incorporated herein
by reference.
(a) The Planning conunission, after duly noticed public
hearings held June 28, 2006 and July 26, 2006 reconunended that the
variance be granted.
(b) The Council finds, with respect to the subject
property, that:
(i) Because of special circumstances applicable to
the subject property, including (but not limited to) size, shape,
topography, location, or surroundings, the strict application of
the requirements and regulations prescribed in this title
substantially deprives such property of privileges enjoyed by other
property in the vicinity and in the same zoning district as the
subject property. Special circumstances that are expressly excluded
from consideration are: (A) 'fhe personal circumstances of the
property owner, and (B) Any changes in the size or shape of the
subject property made by the property owner or his predecessors in
interest while the property was subject to the same zoning
designation. The TKCJL project would be located on a site in a
flood zone designated as Zone "AE" of the lOa-year tidal flood plan
which, in the case of a lOa-year storm, could flood up to 8 feet
above sea level in the event of over-tapping or failure of Bayfront
levees. The City of Palo Alto and FEMA require that the first
floor of occupied area shall be at least 8 feet above sea level.
The site currently ranges as low as 3 feet above sea level to a
maximum of 5.5 feet above sea level. Furthermore, the project site
is subject to a Regional Water Quality Control Board (RWQCB)
cleanup order. This order requires that any change in use from the
current surface parking lot and office building to a more
environmentally "sensitive" use requires approval and
implementation of a Risk Management Plan ("RMP") approved by the
RWQCB. Senior housing, classrooms, adult education and recreation
areas are all considered sensitive uses. Among the requirements of
the RMP are: (i) the entire site must be protected wi th an
elaborate membrane to serve as a vapor barrier; (ii) no occupied
building can be placed on a slab that is in direct contact with
soil; (iii) areas under an occupied building must be mechanically
ventilated; and (iv)there can be no excavation or lowering of the
site for construction of parking. These requirements necessitate
the construction of a parking facility that is above grade. In
order to reduce the visual impact that a multi-story parking
facility would bring to the site, the applicant has proposed a
single-level parking facility with the residential and conununity
center uses on top of the parking podium. The project, when
developed with the garage and four stories of buildings, would
exceed 50 feet in height.
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(ii) The granting of the application shall not affect
substantial compliance with the regulations or constitute a grant
of special privileges inconsistent with the limitations upon other
properties in the vicinity and in the same zoning district as the
subject property. The project site contains unique conditions as
described in Section 2, (b) (i) that require specific construction
methods and techniques be used that would result in the residential
and community center uses to be located adjacent to grade.
(iii) The granting of the application is consistent
with the Palo Alto Comprehensive Plan and the purposes of this
title (Zoning), in that the project would comply with all other
provisions of the PC district as described in PAMC 18.86 and with
the applicable policies and programs of the Comprehensive Plan as
described in Resolution No 8646, Section 2 (Architectural Review).
(iv) The granting of the application will not be
detrimental or injurious to property or improvements in the
vicinity, will not be detrimental to the public health, safety,
general welfare, or convenience. The TKCJL project is a large
parcel adjacent to Highway 101 and San Antonio Road with minimal
impacts on developments to the east. The BUILD project adjacent to
the north would be a PC Zone, and has been designed specifically to
be compatible with the TKCJL project. The TKCJL buildings create
a transition to commercial buildings on Fabian Way and Charleston
Road. There are no residential buildings adjacent to or across the
street from the TKCJL project. The single-family neighborhoods to
the west are separated from the project by arterial streets and
would be located approximately 225 to 300 feet from the closest
residential buildings,
(c) A variance from the height and daylight plane
requirements of Section 18.68.150 of the Palo Alto Municipal Code
is hereby granted. The extent of the deviation from these height
and daylight plane requirements shall be that shown on the final
development plans reviewed and approved pursuant to Section 6
below. In no case shall the height of any building, measured to the
top of the parapet wall, exceed 59'8" and no rooftop equipment
shall exceed a height of 75' above grade.
SECTION 3. Amendment of Zoning Map.
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 San Antonio Road (the "subject property")
from "GM General Manufacturing" to "PC Planned Community No. 8646."
The subject property, consisting of approximately 8.5 acres, is
shown on the map labeled Exhibit "A, II attached hereto and
incorporated herein by reference.
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SECTION 4. Amendment of Comprehensive Plan.
The Comprehensive Plan Land Use Map, is hereby amended by changing
the land use of certain property known as 901 San Antonio Road-
TKCJL from "Light Industrial" to "Mixed-Use" The subject property,
consisting of approximately four acres, is shown on the map labeled
Exhibit "A," attached hereto and incorporated herein by reference.
SECTION 5. Findings for Approval of Planned Community
District.
The City Council, in approving the Planned Community
district, hereby finds that:
(a) The site is so situated and the uses proposed for the
site are such that general or combining zoning districts will not
provide sufficient flexibility to allow the proposed development in
that none of the City's conventional zoning districts could
accommodate the proposed square footage, floor area ratio, and
building height unless variances were granted.
(b) Development of the Project on the site will provide
public benefits not otherwise attainable, as more specifically
described below.
(i) Conversion of commercially planned and zoned land
for residential uses containing diverse housing types. The project
would result in the redevelopment of a site listed in the Housing
Sites Inventory list of the Comprehensive Plan's Housing Element to
a mixed use project containing 193 total units consisting of
assisted living and congregate care units. Congregate care units
would provide services and assistance for more independent seniors
who wish to live in a supportive and structured environment.
Assisted living units are for seniors living less independently who
require more personal and individualized services.
(ii) Community Center Uses Shared with the City of
Palo Alto and the BUILD/BRIDGE Project. TKCJL will enter into an
agreement with the City of Palo Alto Department of Community
Services for shared use of the Jewish Community Center (JCC)
facilities. These facilities include the gymnasium, dance/aerobic
rooms, storage, classrooms with sinks, a playing field, large
meeting rooms, a large cultural hall and performance center and the
teen center, among other components of the facility. In
conjunction with the City, the JCC and the City will develop a
schedule of jointly-sponsored programs, as well as programs and
portions of the facility made available for programs sponsored only
by the City. The specific provisions of the agreement, including
hours of operation and payment of incidental fees, would be
initially reviewed and approved by the Director of Community
Services with follow-up reviews on an annual basis. TKCJL would
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also provide reduced cost memberships for the JCC for residents of
the adjacent BUILD/BRIDGE project.
(iii) Project design goals. The project would include
construction of residential and community center buildings that
would serve the proposed uses of the site and that would be
compatible with the immediate environment of the site. The publicly
accessible edges have been designed to create connection between
the public and private edges, such as the street level
administrative office space for community serving organizations
units along the shared driveway with the BUILD project and the
stairways and walkways along the Charleston Roadside leading to the
podium level and cultural hall of the project. The residential and
community center areas are oriented into the central landscaped
courtyard of the site. The buildings are well designed and have
been determined to be consistent with the Architectural Review
findings.
(c) The Council further finds that the Project provides
public benefits, as described above, that are of sufficient
importance to make the Project as a whole one with substantial
public benefit.
(d) The uses permitted and the site development
regulations applicable within the District are consistent with the
Comprehensive Plan and are compatible with the existing and
potential uses on the adj oining si tes or wi thin the general
vicinity in that the Project would be consistent with the following
Comprehensive Plan policies:
(i) Policy L-5: Maintain the scale and character of
the City. Avoid land uses that are overwhelming and unacceptable
due to their size and scale. The existing industrial office
building on the site, at approximately 90 feet in height, is
visually prominent. The proposed BUILD project would remove this
building and allow buildings up to 70 feet in height (as granted in
conjunction with the variance described in Section 2) on a site
bordered by tall trees on the east and one-and two story buildings
(up to approximately 15 to 30 feet in height) to the north, west
and south. The size and scale of proposed residential and community
center structures on the TKCJL Site would not be visually
overwhelming or incompatible with surrounding uses, including two-
story industrial buildings with parking along the Fabian Way
frontage.
(ii) Policy L-7: Evaluate changes in land use in the
context of regional needs, overall City welfare and objectives, as
well as the desires of the surrounding neighborhoods. The proposed
project would redevelop an existing vacant office building and
parking lot to uses that would be beneficial to the immediate
region and the City, in that the project would provide diverse
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housing types and community center uses in an under utilized area
of the City in the form of assisted living and congregate care
living units. In addition, the project would include community
center, open to the public that would include uses such as a
preschool and cultural hall, a fitness center, play areas,
administrative office space for non-profits, and community meeting
areas. The development of the plan and associated studies included
input from the public and project stakeholders.
(iii)Policy L-ll: Promote increased compatibility,
interdependence and support between commercial and mixed-use
centers and the surrounding residential neighborhoods. The project
would be compatible with nearby neighborhoods, in that the design
and location of the high density housing, community center and the
buildings that would be constructed to contain the uses are
separated from single-family neighborhoods by arterial streets and
smaller scale commercial uses. The architecture and neighborhood
compatibility has been reviewed by the Architectural Review Board
and was found to be well designed and of a appropriate scale to the
immediate context of the area.
(iv) Policy L-13: Evaluate alternative types of
housing that increase density and provide more diverse housing
opportunities. The proposed project is the designation of land for
mixed-use development which would allow for the development of
variety of housing types. The TKCJL site would be developed with
assisted living and congregate care units. The project would be
consistent with this policy as a result of the varied housing types
and increased density proposed as a part of development.
(v) Policy L-48: Promote high quali ty I creative
design and site planning that is compatible with surrounding
development and public spaces. Policy L-49: Design buildings to
revitalize streets and public spaces and to enhance a sense of
community and personal safety . Provide an ordered variety of
entries, porches, windows, bays, and balconies along public ways
where it is consistent with neighborhood character; avoid blank or
solid walls at street level; and include human-scale details and
massing. The proposed project would allow for the redevelopment of
a vacant industrial property along San Antonio Road, Charleston
Road, and Fabian Way and a smaller commercial use at the
intersection of San Antonio Road and Charleston Road. The TKCJL
project would include residential and community center buildings of
varying size and architectural features that would support the uses
contained within the buildings. Those portions of the project
adjacent to the site edges, although exceeding the maximum height
that would normally be allowed in the PC district, would be
compatible with the immediate neighborhood of smaller scale
commercial buildings and uses, in that these components of the
project have been evaluated by the Architectural Review Board and
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have been found to be consistent with the Architectural Review
findings.
(vi) Policy L-75: Minimize the negative physical
impacts of parking lots. Locate parking behind buildings or
underground wherever possible. The proposed BUILD and TKCJL
projects include at-grade parking with residences, recreational,
and community center uses built atop a podium structure above
parking areas. This will avoid negative physical aspects of surface
parking lots. Views of at-grade parking areas will be minimized
through the growth of landscape plants surrounding the podium
structure and by bringing some development down to street level to
screen the parking area from the street.
(vii)Policy T-1: Make land use decisions that
encourage walking, bicycling, and public transit use. The proposed
housing development located on San Antonio Road is one of two major
transit corridors identified in the Comprehensive Plan as being
desirable for increased housing densities. The BUILD and TKCJL
projects include measures, including pedestrian walkways, to
encourage pedestrian access within the entire 12.5 acre site. One
bus route, VTA Express Route 104, operates adjacent to the 901 San
Antonio Road site along East Charleston Road. Bus service on this
route runs only on weekdays between Palo Alto and San Jose during
morning and late afternoon commute periods.
(viii) Goal H-1: A supply of affordable and market
rate housing that meets Palo Alto's share of regional housing
needs. The TKCJL project would contribute 24 units toward the fair
share housing neeqs of Palo Alto. Policy H-2: Identify and
implement a variety of strategies to increase housing density and
diversity in appropriate locations. Emphasize and encourage the
development of affordable and attainable housing. The proposed
TKCJL proj ect includes residences for seniors in the form of
assisted living and congregate care in a licensed residential
facility.
(ix) Program H-3: Encourage the conversion of non-
residential lands to residential use to both increase the supply of
housing, particularly affordable housing, and decrease the
potential for the creation of new jobs that exacerbate the need for
new housing. Land use and development applications that propose the
conversion of non-residential land to residential or mixed use
development will be given preferential or priority processing to
encourage such conversion. Policy H-3: Continue to support the re-
designation of suitable vacant or underutilized lands for housing
or mixed uses containing housing. The proposed Comprehensive Plan
amendment would convert a Light Industrial site, which currently
contains an office building and fast food restaurant, to Mixed Use
with housing anticipated to be one of the primary uses. The land
use, density, and affordable units proposed by the BUILD project
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and TKCJL project are consistent with the Comprehensive Plan
program measure and policy regarding the conversion of non-
residential and underutilized lands to residential or mixed use
development.
(x) Goal H-3: Housing opportunities for a diverse
population, including very low, low and moderate income residents,
and persons with special needs. Policy H-12: Encourage, foster and
preserve diverse housing opportunities for very low, low, and
moderate income households. The proposed BUILD development would
offer housing opportunities (rental apartments) to very low and low
income seniors and the TKCJL project would provide assisted living
and congregate care for seniors. The projects, therefore, would
diversify the City's housing stock in the project area.
(xi) Program N-16: Continue to require replacement
of trees, including street trees lost to new development, and
establish a program to have replacement trees planted offsite when
it is impractical to locate them onsite. Policy N-15: Require new
commercial, mUlti-unit, and single family housing projects to
provide street trees and related irrigation systems. Policy N-17:
Preserve and protect heritage trees, including native oaks and
other significant trees, on public and private property. The BUILD
and TKCJL projects would protect trees to be retained and replace
trees removed from the site in conformance with the City's Tree
Ordinance and Tree Protection Manual. Street trees along the Fabian
Street and San Antonio Road frontages will be replaced as required
by the Department of Public Works. Two large redwood trees on the
adjacent Space Systems/Loral property and healthy trees within the
San Antonio Road right-of-way also will be protected from damage
during construction activities, as described in Section II. G.
Biological Resources Mitigation and Avoidance Measures.
(xii)Policy N-28: Encourage developers of new
projects in Palo Alto, including City projects, to provide
improvements that reduce the necessity of driving alone. The
project includes a mix of uses and shared parking to reduce the
need for on-site and nearby residents to drive. In addition, much
of the housing will be designed for seniors, which will result in
fewer vehicle trips. Transportation Demand Management (TDM)
measures, such as bicycle parking and van or shuttle service, will
be incorporated into the projects to further reduce trip
generation.
SECTION 6. Development Plan
Those certain plans entitled Taube-Koret Campus for Jewish
Life, Palo Alto, California prepared by Steinberg Architects dated
June 21, 2006, a copy of which is on file in the Planning Division
office, and to which copy reference is hereby made, are hereby
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approved as the Development Plan for the subject property, pursuant
to Palo Alto Municipal Code Section 18.68.120.
SECTION 7. Uses.
(a) Permitted Uses. The permitted uses shall be limited
to the following:
(i) Continuing Care Retirement Community: In those
areas designated on the Development Plan as the Jewish Senior
Residence ("JSR"), 193 units will be licensed by the State of
California Department of Social Services as a "Continuing Care
Retirement Community". The uses within the JSR include senior
independent living (congregate care), assisted living, including
memory care units, but not including skilled nursing care.
Ancillary uses to the 193 residences will be food service, limited
retail and personal services, meeting rooms, classrooms,
administrative offices, medical and professional offices ancillary
to a senior residence, recreation and gathering spaces and parking
ancillary to the residential uses.
(ii) Community Center Use: In the area designated on
the Development Planas part of the Jewish Community Center ("JCC),
including day care for pre-school and school age children, private
education, teen center, retail and personal services, eating and
drinking services, class rooms and other adult meeting rooms, adult
cultural activities, administrative offices, limited medical and
professional services ancillary to community center acti vi ties,
dance, music, photography and art studios, commercial recreation
including pools, playing field, gymnasium and other fitness rooms,
locker rooms and spas, a community cultural hall for major events,
including seated meal services, religious services, and parking
ancillary to the community center uses.
(iii) Parking Garage: The following parking ratio
shall be required: For the Continuing Care Retirement Community,
0.41 spaces per congregate care unit and 0.50 spaces per assisted
living unit. For the Community Center, 3.83 spaces per 1,000 square
feet and 3.16 spaces per 1,000 square feet for the preschool uses.
SECTION 8. Outdoor Events with Amplified Sound
Limitations.
All outdoor events with amplified sound shall cease
operations no later than 10:00 P.M., seven days per week. Noise
levels shall not exceed limits prescribed by the City of Palo
Alto's Noise Ordinance. These hours may be further restricted by
the Director of Planning and Community Environment or referred to
the Planning & Transportation Commission and City Council for
review.
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SECTION 9. Transportation
Program.
Demand Management
The TKCJL project shall implement a Transportation Demand
Management (TDM) Plan for employees designed to achieve a 20
percent alternative mode-use for employees to address local traffic
concerns. The Plan shall include, at minimum, a guaranteed ride
home program, carpool parking, bicycle lockers, showers, a
transportation information kiosk, on-site transportation
coordinators, on-site supporting amenities to eliminate the need
for midday trips, including a cafeteria, childcare/preschool,
recreational and athletic facilities, automatic teller machines,
postage and mailing outlet, and on-site sundry shop. An annual
survey of employees shall be conducted to determine the success or
failure of TDM measures. A summary report of the .annual employee
commute survey shall be submitted to the City of Palo Alto.
SECTION 10. Site Development Regulations.
(a) Compliance with Development Plan. All improvements
and development shall be substantially in accordance with the
Development Plan, and subject to the conditions of approval and
mitigation measures adopted by City Council Resolutions No. 8645
and 8646.
(i) 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 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.
(b) Tree Protection. The Development Plan requires the
planting and protection of specified new trees within the
development. These trees shall not be removed or destroyed without
the prior approval of the City of Palo Alto in accordance with
applicable procedures.
(c) Parking and Loading Requirements. Two spaces per
townhome residential unit and 0.41 spaces per congregate care unit
and 0.50 spaces per assisted living unit shall be reserved for the
use of the residential portions of the project; 3.83 spaces per
1,000 square feet for the Community Center and Commercial
recreation uses; 3.16 spaces per 1,000 square feet for the Private
Educational Facility Use. The plans indicate a loading facility
accessible from San Antonio Road. A total number of 151 Class I and
Class III bicycle parking spaces shall be included in the project.
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(d) Below Market Rate (BMR) Housing Requirement.
The Project shall provide 24 Below Market Rate congregate care
and assisted living housing units and the associated
residential living services provided by the Jewish Senior
Residence. These 24 units would be made available at entry fee
levels that comply with the income and affordability standards
prescribed by the BMR Program for 59 years. The BMR program
would include continuing support for the residents of the BMR
units by subsidizing all monthly costs associated with room,
care, food and extensive support services at income and
affordability standards prescribed by the BMR Program for 59
years. In addition to the BMR plan, the applicant has committed
a $5,000,000 endowment restricted exclusively for the support
of residents who cannot afford either the initiation costs or
the continuing monthly costs at the JSR. This endowment would
provide housing and services above and beyond the BMR
agreement. Twelve assisted living units will receive continuing
support by subsidizing all monthly costs associated with room,
care, food and extensive support services for 59 years without
use of any proceeds of the $5,000,000 endowment for 15 years.
A formal agreement must be executed prior to approval of the
Final Map by the City Council.
The Project's owner has described the BMR contributions, making
a commitment to provide this housing and associated services.
The provisions of this condition (d) (i) are set forth in a
letter of understanding between the City of Palo Alto and the
applicant, dated September 20, 2006.
(e) Development Schedule. Phase One of the project, which
will comprise 100% of the JSR and a substantial portion of the JCC
will commence in 2007 and be completed within three years. The JCC
will then proceed with subsequent construction phases for the
reminder of the project, which would be completed during the years
2012 through 2022. The Director of Planning and Community
Environment may extend these time limits once by not more than one
year, as described in 18.68.130 of the Palo Alto Municipal Code. A
detailed phasing plan is contained in Exhibit "C", attached hereto
and incorporated herein by reference.
(i) Variations in Phasing-It is recognized by the City
that, as a non-profit dependent on fund raising, TKCJL may not
have the resources to meet the phasing schedule set forth
above. Developer may, therefore, request a change in the
order, sequence and phasing of particular aspects of the
Project components, providing the Director with a written
explanation of and the reasons for the proposed change in
phasing. In no event, however, shall the completion of Phase 1
occur later than December 2012, or the completion of Phase 2
occur later than December 2022, so long as reasonable progress
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is made toward completion. Within 30 days after receiving the
request, the Director:
(1) shall determine whether additional environmental and/or
architectural review is required;
(2) may determine the timing of the construction or the
dedications, exactions, mitigations, reservations, or
other conditions of approval, including, without
limitation, any public improvements, so that the
improvements necessary to serve each component of the
Proj ect and to mi tigate its impacts are completed
before occupancy of such component; and,
(3) shall approve or disapprove the requested change in
writing. These variations in phasing supersede the
extension provisions outlined in 18.68.130 of the Palo
Alto Municipal Code, pertaining to Planned Community
Districts.
(ii) Condition of Site-Before any phase of the Project
receives a building permit, the Developer shall have received
ARB approval of plans for the temporary improvements proposed
for the areas of the Project Site that are not proposed to be
built under that particular building permit.
(iii)Minor Variations in Project-Minor changes to the
Proj ect may be approved by the Director, according to the
provisions of Palo Al to Municipal Code Section
18.76.020 (b) (3) (D) for architectural review. "Minor" changes
do not include changes in land use.
SECTION 11. Environmental Impact Report.
The City as the lead agency for the Project has caused to
be prepared a Final Environmental Impact Report ("Final EIR").
Pursuant to State CEQA Guidelines section 15132, the Final EIR
consists of the following documents and records: "901 San Antonio
Draft EIR, February 2006;" "901 San Antonio Final EIR, June 2006",
and the planning and other City records, minutes, and files
constituting the record of proceedings. The Final EIR was prepared
pursuant to the California Environmental Quality Act, Public
Resources Code section 21000, et seq. ("CEQA"), and the State CEQA
Guidelines, Cali fornia Code of Regulations, Title 14, section
15000, et seq. The Final EIR is on file in the office of the
Director of Planning and Community Environment and, along with the
planning and other City records, minutes and files constituting the
record of proceedings, is incorporated herein by this reference.
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SECTION 12. Certification.
The City Council certifies that the Final EIR has been
completed in compliance with the California Environmental Quality
Act. The Final EIR was presented to the City Council and the City
Council has reviewed and considered the information contained in
the Final EIR, staff reports, oral and written testimony given at
public hearings on the proposed Project, and all other matters
deemed material and relevant before considering for approval the
various actions related to the Project. The City Council hereby
finds that the Final EIR reflects the independent judgment of the
City as lead agency.
SECTION 13. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: October
PASSED: 8-0
AYES: CORDELL,
MOSSAR
NOES:
ABSTENTIONS: BARTON
ABSENT: BEECHAM,
~OFORM:
,oc:e::==:: Asst. Clty Attorney
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10, 2006
DREKMEIER,
KLEINBERG
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KISHIMOTO, KLEIN, MORTON,
Planning and
Environment