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HomeMy WebLinkAbout2006-10-10 Ordinance 4919ORDINANCE NO. 4919 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A NEGATIVE DECLARATION AND AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 850 WEBSTER STREET (CHANNING HOUSE) FROM PC PLANNED COMMUNITY 4900 TO PC PLANNED COMMUNITY 8659 , TO ALLOW CONSTRUCTION OF A HEALTH CARE BUILDING AND UNDERGROUND GARAGE, AND APPROVE A VARIANCE FOR ENCROACHMENTS INTO A SPECIAL DAYLIGHT PLANE ALONG TWO PROPERTY LINES The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. This ordinance is intended to amend and revise PC Planned Community 4900. Section 18.08.040 of the Palo Alto Municipal Code, (the Zoning Map), is hereby amended by changing the zoning of certain property at 850 Webster Street from PC Planned Community 4900 to PC Planned Community 8659 . Those provisions of Ordinance No. 4900 not inconsistent with this PC Planned Community remain the same and are incorporated herein by reference. The subject property is shown on the map labeled Exhibit "A" attached to this ordinance and made a part of it. SECTION 2. Application and Hearings. (a) Application has been made to the City for approval of the demolition of an existing cottage at 532 Homer Avenue on the Channing House property and adjacent parking lot, and the construction of a two-story, 32,185 square foot health care building providing 53 beds for skilled nuising and assisted living residents and associated spaces for staff and residents, above a 16,437 square foot underground garage providing service functions and parking spaces for 37 vehicles and 22 bicycles, and a Variance for exceptions to the special PC daylight planes set forth in PAMC 18.68.150(e} for second floor encroachments into the west and south side daylight planes (the "Project"). (b) The Architectural Review Board at its meeting of August 3, 2006 considered the Project and recommended its approval, subject to certain conditions. (c) The Planning and Transportation Commission ("Commission"), after a duly noticed public hearing held August 1 070109syn 0120151 30, 2006, recommended approval of the Project subject to staff recommended conditions and additional suggestions. (d) The Council, after due consideration of the recommendations and Negative Declaration, finds that the proposed amendment is in the public interest and will promote the public health, safety and welfare, as hereinafter set forth. SECTION 3. Variance. The Project requires a variance from the special daylight planes that intersect the building at the second floor level along its west and south sides, per Section 18.68.150 (e) of the Palo Alto Municipal Code, which sets forth special daylight planes for Planned Community projects that are not at least 60% residential when adjacent to residential zones. The extent of the variance request is contained in Exhibit "B", attached hereto and incorporated herein by reference. (a) The Commission, after a duly noticed public hearing held August 30, 2006, recommended that the variance be granted. (b) The Council finds, with respect to the subject property, that: (i) Because of special circumstances applicable to the subj ect 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) The 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 subject property is an "L" shaped irregular lot that is zoned PC and has been primarily developed with the existing Channing House building. The remaining buildable area is adjacent to residentially zoned properties. Due to its location, shape, and unique PC zoning, the property is subj ect to more restrictive daylight plane regulations than that of the adjacent residential zoned properties. The variance is to allow the encroachment of the second floor of the new health care building into the special PC daylight plane. The building will meet the RM-30 daylight plane on both sides facing residential zones, and will meet the RM-15 daylight plane facing the RM-15 zone, with the exception of the building corners. 2 070109syn 0120151 (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), in that the new health care building would otherwise be in compliance with all PC zoning regulations and would be in substantial compliance with the daylight planes required for other properties in the vicinity. (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 18.68 and with the applicable policies and programs of th$ Comprehensive Plan as described below and in Resolut.ion No. 8659 , Section 2 (Architectural Review). The senior living uses, although they are residential in character, can not be considered residential because they have not been identified as such in the zoning ordinance. Had 60% of the uses in the proposed building been classified as residential, the development would not have been subject to the unique PC daylight plane, and could have been permitted by PC amendment without a variance with a mirroring of daylight plane regulations of the adjacent residential zones. (i v) 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 Project includes the replacement of an existing surface parking lot and dilapidated building with a two-story building that will provide a transition in scale from the existing Channing House to the neighboring structures, and site improvements including new landscaping and seating areas that are designed to benefit the surrounding neighborhood. Five new street trees are proposed, along with large sized oaks to soften the view from the street of both the existing and proposed buildings. Large sized maples and pines are proposed along the property lines abutting residential zones, to enhance the screening quality of the adjacent sites' existing, mature trees, which will not be disturbed by the Project. These trees include a grove of redwoods and pines on the RM-15 zoned property to the south, which will continue to provide a significant privacy screen that will be enhanced by new plantings on the subject property. While through access from Channing to Homer Avenues via the existing private road will terminate with the Project, the roadway will be widened near Channing Avenue to improve safety, and an adequate backup space will be provided for adjacent Channing Place Townhome residents, who will continue to back out of their driveways. 3 070109syn 0120151 (c) A variance from the special daylight plane requirements of Section 18.68.150(e) of the Palo Alto Municipal Code is hereby granted. The extent of the deviation from the daylight plane requirements shall be that shown on the final development plans reviewed and approved pursuant to Section 4 below. SECTION 4. Findings for Approval of Planned Community District. The City Council, in approving the amendment to this Planned Community district, hereby finds that: (a) The site is so zoned and situated, and the existing uses are such that general or combining zoning districts would not provide sufficient flexibility to allow the proposed development in that none of the City's conventional zoning districts could accommodate either the existing or proposed square footage and floor area ratio, and existing 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) The Project will provide improved and modernized healthcare to senior residents of the Channing House; facilities for senior living was considered the public benefit allowing adoption of the original PC ordinance. (ii) The Project will create a transition between the existing large scale Channing House building and the adjacent residential buildings. (iii) The Project will infill an existing surface parking lot. (c) The Council further finds that the Project continues to provide the public benefit of the original PC, 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 adjoining sites or within the general vicinity in that the Project would be consistent with the following Comprehensive Plan policies: 4 070109syn 0120151 PolicyH-18: Support housing that incorporates facilities and services to the healthcare, transit, or social service needs of households with special needs, including seniors and persons with disabiiities. The Project will provide improved healthcare to senior residents of the Channing House. 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. Scale is the relationship of various parts of the environment to each other, to people, and to the limits of perception. It is what establishes some neighborhoods or streets as pedestrian-oriented and others as automobile-oriented. In older portions of Palo Alto, the grid of City blocks, small rectangular parcels, and narrow streets establishes a pattern that is generally pleasant for the pedestrian. The pattern is reinforced by streets that are lined with trees, residentia1 buildings set back behind front gardens, and buildings typically one to three stories in height. The Project includes new street trees, maintaining the required front yard setback and adding landscaping throughout the subject property to benefit the neighborhood, and the building would be two-stories in height. Policy L-6: Where possible, avoid abrupt changes in scale and density between residential and non-residential areas and between residential areas of different densities. To promote compatibility and gradual transitions between land uses, place zoning district boundaries at mid-block locations rather than along streets wherever possible. The Project's two-story building will act as a transition between the existing Channing House and neighboring multi-story residential buildings. Policy L-12: Preserve the character of residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures. The new building would meet the adjacent zones' regulations for height and setbacks, would meet the daylight plane requirements of the adj acent RM-30 zone and substantially meet the daylight plane requirements of the adj acent RM-15 zone. The building has been reviewed by the City's Architectural Review Board, who voted unanimously that the design is architecturally compatible with the adjacent buildings. Policy L-17: Treat residential streets as both public ways and neighborhood amenities. Provide continuous sidewalks, healthy street trees, benches, and other amenities that favor pedestrians. The Project includes pedestrian safety improvements, with a reduction in the number of driveway curb-cuts along Homer Avenue and the re-painting of the crosswalk. Additionally, the Project 5 070109syn 0120151 includes new street trees, significant landscaping along the edges of the property, and amenities for pedestrians. Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. The Project includes high quality materials and creative composition and site planning. 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 Project will infill an existing parking lot and will provide a residential character along the street. The walls are well articulated with windows, planters, cast stone ornaments, trellises, and clay tile to provide human-scale details, with an entry protected by a glass awning and accessible via a staircase and ramp. Policy L-75: Minimize the negative physical impacts of parking lots. Locate parking behind buildings or underground wherever possible. The Project includes demolition of an existing, surface parking lot and construction of a subterranean parking lot, thereby removing the negative physical aspects of the existing surface parking lot. SECTION 5. Development Plan. Those certain plans entitled Channing House Health Care Building prepared by Hardison Komatsu Ivelich & Tucker dated September 20, 2006, a copy of which is on file in the Planning and Community Environment office, and to which copy reference is hereby made, are hereby approved as the Development Plan for the subject property, pursuant to Palo Alto Municipal Code Section 18.68.120. SECTION 6. Uses. (a) Permitted Uses. The permitted uses of the Health Care Building shall be limited to the following: (i) Assisted Living and Skilled Nursing Units: The Development Plan indicates 27 units of Assisted Living and 26 units of Skilled Nursing on two floors. Ancillary uses to these units will be dining areas, nursing stations, resident activity/lounge areas, exterior terraces, laundry facilities, parking spaces, storage and utility functions, and access-ways ancillary to these uses. 6 070109syn 0120151 (ii) Parking Garage: A total of 37 vehicle spaces and 22 bicycle spaces are provided in the underground garage, along with laundry, trash collection, elevator lobby and stairs. SECTION 7. Site Development Regulations. (a) Compliance with Development Plan. All impro~ements and development shall be substantially in accordance with the Development Plan, and subject to the conditions of approval adopted by City Council Resolution No. 8659 • (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 includes 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. A total of 37 vehicle parking spaces, including two (2) ADA spaces shall be provided in the garage, and 22 Class I and Class III bicycle parking spaces shall be included in the Project. (d) Development Schedule. The applicant anticipates a 40 month long process for construction document development, construction plan approvals for the Office of Statewide Health Planning and Development(OSCHPD), and construction. This process is noted in the letter entitled Exhibit "C", attached hereto and incorporated herein by reference. (i) Minor Variations in Project-Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b) (3) (D) for architectural review. "Minor" changes do not include changes in land use. 7 070109syn 0120151 >< • r. I SECTION 8. Negative Declaration. The City as the lead agency for the Project has prepared the Initial Study/Negative Declaration, which 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. SECTION 9. This ordinanc.e shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: October 10, 2006 PASSED: December 18, 2006 AYES: BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN, KLEINBERG, MORTON, MOSSAR NOES: ABSTENTIONS: ABSENT: APPROVED: APPROVED AS TO FORM: and 8 070109syn 0120151