HomeMy WebLinkAbout2010-12-06 Ordinance 5105Ordinance No. 5105
Ordinance of the Council of the City of Palo Alto Amending
the Zoning Map of the City of Palo Alto to Change the Zone
Designation for 305 Grant Avenue, 2640 and 2650 Birch
Street and 306 and 320 Sheridan Avenue from RM-40 Multi-
Family to the Pedestrian and Transit Oriented Development
(PTOD) Combining District
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. The City Council finds as follows:
(A) The Planning and Transportation Commission ("Commission"), after a duly
noticed public hearing on April 15,2009, has recommended that the City Council of the City of
Palo Alto ("Council") rezone the subject site (305 Grant Avenue, 2640 and 2650 Birch Street and
306 and 320 Sheridan Avenue) to the California Avenue Pedestrian and Transit Oriented
Development Combining District (PTOD) zone designation.
(B) The Planning and Transportation Commission has reviewed the facts
presented at the public hearing, including public testimony and reports and recommendations
from the director of planning and community environment or other appropriate city staff.
(C) The Planning and Transportation Commission fmds that the subject site is
within the PTOD boundary.
(D) The Planning and Transportation Commission finds that rezoning the parcel
to the California Avenue Pedestrian and Transit Oriented Development Combining District
(PTOD) zoning is in accord with the Palo Alto Comprehensive Plan, in that the Comprehensive
Plan designation of the site is Multiple Family and within the Cal-Ventura Mixed Use Area.
(E) The Council held a duly noticed public hearing on the matter on November
22, 2010, and has reviewed the Mitigated Negative Declaration prepared for the project and all
other relevant information, including staff reports, and all testimony, written and oral, presented
on the matter.
SECTION 2. The Council finds that the public interest, health and welfare
require an amendment to the Zoning Map of the City of Palo Alto as set forth in Section 3.
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SECTION 3. The Council hereby amends the Zoning Map of the City of Palo Alto
to place the subject site (305 Grant Avenue, 2640 and 2650 Birch Street and 306 and 320
Sheridan Avenue) in the California Avenue Pedestrian and Transit Oriented Development
Combining District (PTOD) zoning regulations.
SECTION 4. The City Council further determines that the rezoning is subject to the
following limitations:
a. The development shall be a mixed use project comprising of ground floor office uses
with residential use on the upper floors;
b. Office uses on the ground floor shall comprise approximately 10,257 square feet;
c. A minimum of eight (8) residential units shall be provided, totaling approximately
14,534 square feet in area;
d. The maximum building height shall not exceed 40 feet;
e. A minimum of 42 parking spaces and 11 tandem parking spaces shall be provided;
f. A Transportation Demand Management Program shall be included that requires the
provision of transit passes for all occupants/tenants; and
These limitations shall be recorded as conditions on the property, to the satisfaction of the City
Attorney and Planning Director. Modifications to these conditions may be approved by the
Planning Director only to the extent that increases or decreases do not exceed 10% of the
allowable outlined in parts (b) and (c) and remain in compliance with all other zoning
requirements.
SECTION 5. Owner shall ensure that prospective tenants and owners are notified of
the availability of the environmental reports prepared in conjunction with development of the
subject site by including such notice in all lease agreements. Prior to initial occupancy, owner
shall provide the Planning Director with a template agreement for review and approval of the
notice to ensure that adequate disclosure is provided in accordance with this condition.
SECTION 6. The Planning and Community Environment Department shall evaluate
the effectiveness and need for a "Keep Clear" stencil and/or sign at the Grant Avenue driveway
not later than six months following occupancy. If determined by the Director to be necessary,
the owner shall install such stencil and/or signage within three months thereafter. A deposit
equivalent to double the cost of the work shall be provided to the City prior to final building
occupancy, which amount shall be refunded to the owner after completion of the work to the
City's satisfaction or a determination that such work is not necessary. In the event the stencil or
sign is deemed necessary and work is not performed to the City's satisfaction, the City may use
the funding, with no refund to the owner, to complete the work.
SECTION 7. 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 against any claim, action, or proceeding brought by a third party against the indemnified
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