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Home My WebLink About2004-01-05 Ordinance 4815follows: ORDINANCE NO. 4815 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 22. 08 .390 TO CHAPTER 22. 08 (PARK DEDICATIONS) OF THE PALO ALTO MUNICIPAL CODE TO DEDICATE A 2.01 ACRE PORTION OF THE LAND FORMERLY KNOWN AS THE PALO ALTO MEDICAL FOUNDATION SITE The Council of the City of Palo Alto does ORDAIN as SECTION 1. Findings and Declarations. The City Council finds and declares as follows: (a) On March 27, 2000, the City Council adopted the South of Forest Coordinated Area Plan Phase I ("SOFA CAP") and approved a development agreement between the City of Palo Al to and the Palo Alto Medical Foundation ("PAMF"), in part, to implement the SOFA CAP; (b) Pursuant to the terms of the PAMF development agreement, the City acquired by dedication and by purchase from PAMF a total of 2.01 acres of land designated by the SOFA CAP as public facility and required by the development agreement to be used for construction and maintenance of a public park (excepting minor portions that could be used for Roth building parking) i (c) The City has determined that no portions of the 2.01 acre parcel are needed for Roth building parking; (d) The City's Utilities Department is evaluating sites, including the 2.01 acre park locating underground emergency water supply including a reservoir, well and pump station; and currently site, for facilities, (e) The City Council wishes to acknowledge and allow for the possibility that the utility underground emergency water facilities may be located in the 2.01 park site provided that certain conditions specified in this ordinance are met. SECTION 2. Section 22.08.390 is hereby added to the Palo Alto Municipal Code to read: "22.08.380. South of Forest Coordinated Area Plan Phase I Park. That certain 2.01 acre parcel of land, a portion of the land formerly known as the Palo Alto Medical Foundation site, as delineated and described in Exhibit A-26 attached to this chapter and incorporated 040123 sm 0100163 1 , . herein by this reference, is reserved for park, playground, recreation andlor conservation purposes; provided however, that underground reservoir, well and pump station facilities necessary for emergency water supply may be located at this site subject to the following requirements: 1. The reservoir, well and pump station structures shall be located underground. Any above-ground appurtenances, such as ventilation devices, shall be incorporated into the park design and shall support a park use. 2. The design, location and operation of the reservoir, well and pump station structures shall not significantly interfere with or limit park design alternatives. 3. The design, location and operation of the reservoir, well and pump station structures shall not result in a net loss of trees or park acreage. 4. The underground reservoir, well and pump station structures shall be located at a sufficient depth so as to not preclude turf, landscape or tree plantings. 5. A park improvement ordinance shall be adopted in conformance with Municipal Code section 22.08.005 prior to construction of the reservoir, well and pump station. II SECTION 3. The City Council hereby finds that dedication of this site as parkland is exempt from the requirements of the California Environmental Quality Act ("CEQA") under section 15061 (b) of the CEQA Guidelines. In addition, this ordinance implements the South of Forest Area Coordinated Area Plan ("SOFA CAP II ), which designated this site as a 2-acre park. The SOFA CAP Final Environmental EIR certified by the City Council on March 27, 2000 concluded that the provision of a 2 -acre park was a beneficial impact that reduced the SOFA CAP's potential significant impact on open space to a less than significant level. II II II 040123 sm 0100163 2 SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: December 8, 2003 PASSED: January 5, 2004 AYES: BEECHAM, BURCH, CORDELL, KISHIMOTO, KLEINBERG, MORTON, MOSSAR, OJAKIAN NOES: ABSENT: FREEMAN ABSTENTIONS: Mayor ::y-. 1/-;;4-. Ci ty Attorney APPROVED AS TO ~RM: ~ ~~ 040123 sm 0100163 3 o 100 DRAVING FILENAME' 12017"73.DVG POB PARKDEDICATIO LOT LINE ADJUSTMENT / PARK DEDICATION 300 HOMER AVENUE CITY OF PALO ALTO, CALIFORNIA SCALE: 1° = 100' REVISION' (1) 11/18/2003 APN 120-17-093 I \ I 11120/20037:02 AM Lot Line Adjustment 1 Park Dedication 300 Homer Avenue A portion of real property situated in the City of Palo Alto, County of Santa Clara, State of California more particularly described as follows: Portion of Lot 1 (Doc. #15219770 O.R.) and Lands of Pinkerton (Doc. 85290946 O. R.) as shown on the Tract No. 9388 recorded in maps, Book 748 Pages 53-55 in the office of the County Recorder more particularly described as follows; Beginning the most northerly corner of said Lot 1 (Doc. #15219770 O.R.) as shown on said Tract No. 9388; Thence along the southwesterly right of way line of Waverley Street, South 500 40' 06" East 209.97 feet to the most easterly corner of said Lot 1; Thence along the southeasterly line of said Lot 1 to the most southerly comer of said Lot 1, South 390 20' 40" West 500.32 feet; Thence along the northeasterly right of way of Bryant Street, North 500 40' 04" West 85.00 feet; Thence parallel with the southeasterly right of way line of Homer Avenue, North 390 20' 51" East 140.00 feet; Thence parallel with the northeasterly line of Bryant Street, North 500 40' 04" West 125.00 feet to the southeasterly right of way line of Homer Avenue, Thence along the southeasterly right of way line of Homer Avenue, North 390 20' 51" East 360.32 feet to the Point of Beginning. &S~~ Said Park Land contains 87,560.74 square feet (2.01 acres) more or less. Said Park Land is shown on attached Exhibit C and made a part herein. JAMES DAVID KIEHL P.L.S.7152 Expiration 6-30-07 PREPARED BY 1 APPROVED LEGAL: 12017093.DOC PLAT: 12017093.DWG TITLE REPORT: NO TITLE REPORT PROVIDED FOR THIS DESCRIPTION. This description is created from recorded documents. REQUESTED BY: BILL FELLMAN revision (1) 11-19-2003 EXHIBITB " FROM CITY ATTORNEY April 19, 2001 THE HONORABLE CITY COUNCIL Palo Alto, Cali.fo~ia RE: Council Consideration, and Direction on a . ,Resolution of Intent .to Dedicate Parkland at the ~alo, Alto Medical Foundation/South' of, Forest Area (PAMF/SOFA) park site Dear Members of the Council: The .City Council and City' Manager have, asked my advice in responding to neighborhood requests that : the Council· take , 'immediate action to dedicate t-he parkland, acquired from, the Palo Alto Medical Foundation as part of the" SOFA/Suimnerhill Homes Development Agreement. This report is a·li:w intended to assist the Council f s discussion of a, possible "Resolution of Intent tb 'Dedicate" which has been agendized for April 23 pursuant to Council direction on April 9. Park dedic'ation has a long. tradition in Palo, Al to. Under the municipal code ano. City charter, lpark de¢lication is. the means by which the City Council earmarks and puts to publIc use land, and 'other' property acquired' for park purposes. The clear purpose of the charter provisions 'is to prevent future ,Ci'ty Councils from disposing 'of parkland 'without a 'vote of the' people. (PAM:C f §22 • 08 .003 i 'City Charter, Article "8. ) ,In' other words, park dedication is a means of assuring that scarce' and, valuable "park, playground, recreation or conservation" land is not lost to successor generations without a majority vote of the el ec:: tor a t'e .' The PAMF/SOFA development agreement, largely implements, a co~rdinated area plan. Palo Altoi s unique coordinated area 'plan ordinance is intended. to accomplish the zoning/planning merger allowed under state lavl through a specific plan, while at the 'same time 'using City investment tostirnulate 'private .redevelopment. Thus, a·coordinated area plan, must include: 010419 sell 0052705 -, THE HONQRABL,E CITY COUNCIL April 19, 2001' Page 2 RE: Council Consideration' and Direction, ,on a Resoiution of Intent .fo Dedicate Parkland at the Palo Alto Medical Foundqtion/South of Fores;tArea (PAMF/SOFA) park site .'\A program of implementation, measures including ,development regulations, public works p~oj ect's ," and financing measures necessary !:o carry out the plan. This program. shall be ~eci£ically coordinated wi t1i the ci ty<r scapi tal il:I!Proveme,n t program ("ClP") , and,' ,'may include' Cl.P revisions' necessary tq implement the plan." (PAMC" § 19.10.040."(c);' emphasis added.) In short, a coordinated area 'plan ordinance, is designed to prevent hollow (meaning unfunded) public improvement promises. The ordinance takes this approach so'' that it can'" assure'strat'egic public investment "in infrastructure. in ,order to "accellerate pri¥ate re~evelopment. The City's participation in' the' PAMF/SOFA coordinated area plan 'involved a very substantial, $10 million dollar public investment. 'Xhe' development agreement t'rans~ction included land 'acquisition and acquisition of the historic Roth' building. However, even though $10 million 'has' been iIives~ed, the 'City Council has not been asked to ,take action to fund renovat;Lon, and reuse of the Roth building. A financing strategy has yet t,O be approved. ,There ha~ been no CIPcoordination. on this issue, 'at least to my knowledge. ' , ' In this sittiation; the 'financial con~traint limits the City Council's ability to dedicate the entirety of the PAME: ~ain block (the area bounded by Ws;verley, Bryant,' Homer and Channing) .' The development agreement act,ually divides the 2.41 a'cres ' on ,the main block into, two components. 'i .00 ,c;3.cre$ were dedicated without direct cash outlp,y 'and 1.41 acres, including ~he Roth ,building, wera'p~rchased~ 'This division ~as rieces~ary to ,live' up 'to ',the letter and' spirit of' the coordinated area planning process.' The development agreement describes the land as follows: , ,"1. City aoquisition, by dedication by PM1F without, cost, of 1..00 acres of land for neighborhood park development", purposes. 010419 stll bos 2705 ' ,1 THe HONORABLE CITY COUNCIL April 19, 2001 Page 3 RE: Council Consideration and Direction on a Re~olution of Intent to Dedicate Parkland at the Palo Alto Medical Foundati'on/South of, Forest Area (PAMF/SOFA) park site (0.89 acres in fee~ ,0.11 acres assigned 'Pinkerton lease)fll This land ,has been clearly' acq'uired by' tne, 'City, 'for, park purposes and could be ready for dedication, subject to interim parking use reserved in the development agreement~l However, the developme~t agre'ement also describes: "2. Ci ty acquisi ti-on, by' purchase a,t a ,neg,otiated pric.e, of 1.41 acres of la'nd and improvements which are contiguous, to' the dedicated land, including the, historic Roth building, 'for neighborhood park and facility pur~oses~ ·if financially f~asible, or, ~n ',the case of the;,Roth building and sufficient surrounding land for accessory bU,ildings 'and use:s ,,~uch as, parking, ,rehabil.itation ',' and' resale by' Ci ty , fox . pri va te purposes if pUblic, xacili t:y use is 'not financially feasibl.e;" (Emphasis added.) In short, given the financial constraints at the ~time , the' coordinated· area plan and development 'agreement were approved, which made CIP coordination impossible, the City went as far as it could" in acquiring 1. 41 acres of land (including I , the Roth building) wi:t;h the hope that funding fur park use could be developed •. The City Council :specifically avoid~d creating a policy or legal park dedication cornmi tment with respect 'to' both ,t'he Roth Building ;;ind, \\suff~cient 's~rrounding land"l as' might be needed to support private' use if resale, is compelled by financial exigencies. I should add that much' of the fundin'g strategy, , ,at least 'preliminari'ly, depended upon the. future imposi tion ,of p~rk and, other, ,development impact fees, which have ,not yet, been proposed, or : appJ;:oved '(although, they are in the worksf. ' 1 The' 1.00 acres may be necessary or desir~ble for interim parkin9' during construction of the downtown structures. This use is n9t barred by the CAP or development' agreement. Dedication could go forward subject to a reservation for these uses should Council wish. 010419 sdl 005 2705 THE HONORABLE 'CITY COUNCIL April ·19, 2001 Page 4 . ' RE: Council 'Cbniideiation and Diiection on a· Resolution of Intent to Dedicate Parkland at the Palo Alto Medical Foundatio~/South of .Forest Area (PAMF/SQFA) park site, ' Taking, all, of this, together, it is clear that, the' Council has taken the policy and legal actions necessary, to 'permit park dedication .of the 1.00 acres, acquired" through dedication' in the deve,lopment, agreement.' .. It is' als'o' clear that, the additional 1.41' acres and Roth building, will: be available for dedication if a feasible ·financial plan is developed. It;i.s, conceivable that Council 'could dedicate all but the Roth building and. "sufficient . surrounding land" to, permi t . resale for pri vate 'use, but to 'my" knowledge .staff hav-e' not prepared a feasible private reuse plan such that one could identify which porti,ons of the 1.41 aC'res need not be reserved for pot'ential resale. The development agr~ement anticipates that only "minor',' portions' of the land around the Roth building would need, to be protected for the (undesirable) contingency of private reuse~ I have s'uggested, a i resolution of intent to dedi'cate as ,an alte~native. ·so thai' th~' finan6ial :c6nstra~nts ai~, hot mispercei ved as a' cover for some hidden 'agenda. Neighborhood concern is' understandable, particularly given the, "future- discretion-limiting" purpose, of park dedication. Here, however, the community has' simply :not paid' the full cost o·f dedicating ·the Roth building for ,park purposes. Accordingly, in my opinion it is untimely fo.+.' the City Council. to consi.der dedi,cation of more than the '1.,00 acres of land which were clearly acquired , with the intention of; dedicating them for park' purposes orily. The 1. 41 'acres of i'arid, including the Roth bui~ding were explicitly acquired for park or resale purposes., Until such time as funding for rehabilitation has be~n developed for the Roth building; I· 9annot advise dedication of that property because to do so would eviscerate the fundameptalpurpose of the 010419 sdl 0052705 · 1 \ '\ " ' THE HONORABLE CITY COUNCIL April 19, 20(h Page 5 RE: Council Consideration and ,Direction on a Resolution of Intent to ,Dedicate Parkland at the Palo Alto Medical Foundation/South of Forest Area (PAMF/SOFA) park site coo.rdinated area plan process, that is, forcing coordinated infrastructur'e investment in order to stimulate renovation of a n~ighborhood. CALONNE APC:sdl cc: Frank Benest, City Manager E~ily Harrison, Assistant City.Manager Carl Yeats, Director of Administrative Se.rvices, Ed Gawf, Director of Planning & Community Environment Sue Case, Senior Asst. City Attorney Wynne Furth, Senior Asst. City Attorney 010419 sd] 005 2705 ed, THE HONORABLE CITY COUNCIL Palo Alto, California FROM CITY ATTORNEY 12 Il.1ay 31, 2001 RE: Resolution of Intent to Dedicate Parkland at the Palo Alto Medical Foundation/South of Forest Area (PAMF/SOFA) Park Site Dear Members of the Council: At the request of the City Manager, I am providing the attached to facilitate Council dis'cussion of the matter. It is not a recommendation, just a draft to facilitate discussion. We are alsore-packeting our earlier advice report. APC:sm Attachment 010530 sm 0052735 PIERRE CALONNE City Attorney RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING THE COUNCIL'S INTENTION TO DEDICATE A PARK ON APPROXIMATELY 2.41 ACRES ACQUIRED FROM THE PALO ALTO MEDICAL FOUNDATION WHEREAS, the City of Palo Alto recently acquired approximately 2.41 acres along the Homer Avenue frontage of the former "Main Block" of the Palo Al to Medical Foundation. About 1. 0 acres were dedicated to the City for park use in order to implement the South of Forest Area Coordinated Area Plan. About 1.41 acres were purchased by the City, including the land upon which the historic Roth Building is located; and WHEREAS, the City Council has already directed and City staff are now working on financing plans to permit lawful dedication by ordinance of the Roth Building and surrounding lands; and WHEREAS, the City Council is not prepared to dedicate the parkland by ord~nance at the present time because a specific financing plan or mechanism to pay the costs of rehabilitiating and re-using the Roth Building has not been completed; and WHEREAS, the City is bound by a development agreement to permit interim parking uses on a portion of the proposed parkland; and WHEREAS, the City Council wishes to express its intention to dedicate the entire 2.41 acres as parkland, following Council consideration and approval of speci c financing plans or mechanisms, as determined necessary by the City Manager with the advice of the City Attorney. NOW, THEREFORE, the Council of the City of Palo Al to does RESOLVE as follows: SECTION 1. TheCi ty Council intends to enact an ordinance dedicating as parkland the approximately 2.41 acres along the Homer Avenue frontage of the former "Main Block" of the Palo Alto Medical Foundation. The City Manager is directed to bring this matter back to· Council, in a manner consistent with any development agreements, and as soon as specific financing plans or mecha9isms, as determined necessary by the 000502 sdl 0052735 1 necessary by the City Attorney, are available Manager with the advice Council consideration. of the City SECTION 2. The Council finds that this is not a project under the Ca fornia Environmental Quality Act and, therefore, no environmental impact assessment is necessary . INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: y Attorney 000502 sdl 0052735 .' : 2. APPROVED: Mayor City Manager Director of Planning & Community Environment Director of Administrative Services