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HomeMy WebLinkAbout2003-03-17 Ordinance 4782'j ,. follows: ORDINANCE 4782 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 33-49 ENCINA AVENUE FROM CS COMMERCIAL SERVICE TO PC PLANNED COMMUNITY 4782 The Counci 1 of the Ci ty of Palo Al to does ORDAIN as SECTION 1. Applications and Hearings. (a) Rob Wellington Quigley, FAIA, (" the Applicant"), on behalf of the Community Working Group and the Housing Authority of the County of Santa Clara, formally applied on October 7, 2002 to the City for approval of the rezoning of three parcels totalling approximately 18,200 square feet, from CS (Commercial Service) to PC 4782 in order to replace the existing 5,260 square feet of commercial space and two parking lots wi th an approximately 45,800 square feet building with 8,100 square feet of community service area and eighty-nine (89) units of income- restricted multi-family rental housing (the "Project"). (b) On November 13, 2002, after a duly noticed public hearing, the Planning and Transportation Commission gave conceptual approval to the zone change and forwarded it to the Architectural Review Board. A Draft Environmental Impact Report was circulated for public comment on December 13, 2002. On December 19, 2002, the Architectural Review Board, after a duly noticed public hearing and review and consideration of the Draft Environmental Impact Report, recommended approval of the project. (c) The Planning and Transportation Commission, after duly noticed public hearings held December 18, 2002 and January 29, 2003, reviewed and considered the Environmental Impact Report and the Project and recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended to permit construction of the Project. (d) The Council, after due consideration of the recommendations and the Final Environmental Impact Report, and of all public testimony, finds that the proposed amendment is in 1 030318 syn 0091 192 the public interest and will promote the public health, safety and welfare, as hereinafter set forth. SECTION 2. Map Amendment. 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 33-49 Encina Avenue (the "subject property") from tICS Commercial Service" to "PC Planned Community 4782." The subject property is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference. SECTION 3. Findings for Approval of the Planned Community District. The City Council hereby finds with respect to the subject property that: (a) The application of general districts or combining districts will not provide sufficient flexibility to allow the proposed development. The Project will provide housing for low- and very low-income persons and services to homeless individuals and families and to those at risk of becoming homeless. The increased density and decreased parking requirement will allow a greater number of smaller units, thus serving a larger number of persons needing housing and reducing the costs per unit. This, combined with public funding and private contributions, will make the units affordable to households with low and very low incomes. The CS Commercial Service District would permit the proposed community service use. However, it would not permit the proposed mix of residential and community services uses due to the restrictive regulations of Chapters 18.24 (RM-30 District) and 18.28 (Multiple-Family Residence Guidelines) which would be applicable. (b) Development of the te under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable. A service center for homeless and those at risk of being homeless, and housing units for low-and very low-income persons are much needed resources in Palo Alto, as emphasized in the Housing Element to the Comprehensive Plan adopted by the Council in 2002. The City presently has insufficient indoor space to provide services to homeless members of the community. The Housing Element identifies a City shortage of almost 300 units of housing affordable to households with low or very low incomes. (c) This Planned Community district is consistent with the Palo Alto Comprehensive Plan. It is compatible with existing and potential uses on adjoining sites and within the 2 030318 syn 0091192 general vicinity. The permitted uses (housing for low-income households and community service center) will have minimal traffic or noise impacts on the surrounding neighborhood. The Proj ect will further the policies and programs of the Housing Element. It will provide rental housing for low-and very low- income individuals and fami lies. Furthermore, the Opportuni ty Center will implement the policies and programs of the Housing Element by providing needed social services to the residents of the complex as well as to homeless persons and those at risk of becoming homeless. The project will assist the City in achieving its "fair share" housing requirement identified by the State. SECTION 4 . Development Plan. Those certain plans entitled "Opportunity Center and Housing Project" prepared by Rob Wellington Quigley, FAIA, dated February 14, 2003, and consisting of nineteen (19) sheets, a copy of which is on file in the Department of Planning and Community Development, and to which 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 5. Uses. (a) Permi t ted Uses. The permitted uses shall be as follows: (1) Residential. The second, third, fourth and fifth floors shall be used for 89 residential units. These units shall be affordable to persons and households with low or very low incomes as those terms are defined in the City's Housing Element i provided, one unit shall be for a resident manager and any income restrictions for this unit shall be in the discretion of owner of the Project. Because these units are limited to occupancy by lower income households and financed in part by state, local, and federal funds for that purpose, they are exempt from the rental stabilization provisions of Chapter 9.48 of the Palo Alto Municipal Code. (2) Service Center. The ground floor ("the Opportuni ty Center" ) shall be used to provide services, primarily for lower income individuals and families, including but not limited to job training, counseling services, education and training services, limited food service, laundry facilities, clothing supply, showers and bathing facili ties, medical examination and treatment, storage lockers, and similar services, childcare facilities, and administrative office services ancillary to this program. 3 030318 syn 0091192 (b) Conditional Uses. None. SECTION 6. Site Development Regulations. (a) Compliance with Development Plan. All improvements and development shall be substantially in accordance with the Development Plan. The following are site development regulations, which establish rules for modifications or additions to any building, accessory structure or landscaping on the subject property. Definitions of terms used shall be in accordance with Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code as it exists at the time of adoption of this Ordinance. (1) Future Changes. Any future plan revisions shall require an amendment to this Planned Community Zone or, if eligible, approval under Chapter 18.99 of the Palo Alto Municipal Code. (2) Tree Preservation. The approved Development Plan requires the preservation and protection of specified existing trees within the development and within adjacent properties. No future development or improvement proposed for the subject property following initial construction authorized by Architectural Review Approval shall result in the removal or destruction of trees without the approval of the Director of Planning and Community Environment. (3) Si te Standards. The following development standards shall apply to the development site: (i) Setbacks, Lot Coverage, Floor Area Ratio, and Open Space. The dimensions shall be substantially as shown on the Development Plan. (ii) Height. The maximum building height shall be fifty (50) feet, with the exception of mechanical equipment towers, which may be an additional fifteen (15) feet tall. (iii) Parking. Forty-three (43) covered parking spaces for vehicles and one hundred (100) bicycle spaces shall be provided onsite. (iv) Final Design Review. Final plans shall be reviewed and approved as required by Resolution 8278 approving the Architectural Review of the Project. 4 030318 syn 0091192 (d) Special Conditions. (1) Twenty-four Hour Staffing. The Project shall have management staff on site twenty-four hours a day, seven days a week. (2) Sec uri Plan. Prior to issuance of building permit the applicant shall submit a security plan to the satisfaction of the Police Chief and the Director of Planning and Communi ty Environment. The plan shall include, but not be limited to hours of operation for both facilities, staffing on a 24-hour basis, exterior and interior lighting, access, site security measures and an emergency response plan. (3) Reporting Following Occupancy. (i) At least once annually the property owner shall meet with owners and tenants of the properties located on the block wherein the subject property is located. The purpose of the meeting shall be to discuss and seek to resolve any common concerns regarding issues such as parking for the Project and security with respect to operations of the service center. (ii) Twice a year the property owner shall submit a written report to the Director Of Planning and Community Environment. The report shall describe complaints and concerns by neighboring property owners or tenants, or members of the public, about operations of the service center and contain a detailed log of all complaints or concerns received by the project sponsor/property owner and the action was taken to address the complaint. The Director may wai ve the reporting requirement, or lengthen the interval between reports if he or she deems it appropriate. (4 ) Trash and receptacles shall be placed necessary for collection. receptacles shall promptly be within the project. Recycling. Trash and recycling outside for the length of time Following pick-up, the empty returned to their storage location (e) Hours of Operation. The Opportunity Center's hours of operation shall be limited to Monday through Friday, from 7 a.m. to 5:30 p.m., with services (both family services and individual homeless population) provided from 8 a.m. to 4 p.m. Special events, classes and training may be held on any day of the week but shall end by 10 p.m. 5 030318 syn 0091192 (f) Development Schedule. Construction of the Project shall commence on or before December 31, 2004 and shall be completed and ready for occupancy on or before December 31, 2006. If construction has not begun by December 31, 2004, or if it is not substantially complete by December 31, 2006, the City Council, upon the request of the applicant or the Director of Planning and Community Environment, may extend this schedule, without amending this ordinance, for up to an additional thirty- six months. SECTION 7. The Council has previously adopted Resolution 8277 certifying the Environmental Impact Report and finding that the Project as approved will not have a significant environmental effect. SECTION 8. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: March 3, 2003 PASSED: March 17, 2003 AYES: BEECHAM, BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE, MOSSAR, OJAKIAN NOES: ABSTENTIONS: ABSENT: NOT PARTICIPATING: MORTON AL ~ '~k: City Clerk } APPROVED AS TO FORM: Lo ~~ sst. City Attorney il-liS DOCUMENT IS CERTIFIED TO BE AN Dire mmlNANCE DULY PASSED BY THE COUNCIL , /)i""l~ CITY OF PALO ALTO AND'" Commun~ ty fHE\~E~\I-rER POSTE"lt'{l12NC1L CHAi'Il3EflS ON _ (WITHIN 11 DAVS OF ITS PAS SAG ) '" certify (or ~ecillre) under penalty of perjury that the foregoing Is true 6 030318 syn 0091192 and correct." L~lrA3 p~ ""'1"i~~;~.~~~l1 ~ & Pla~, ..• .>,0.\'I!J. Planning and Environment 33-49 pc- 3902 The City of Palo Alto 2one8xll (\\:.c-pmllrak\GI$S\Oata'IPafflOl"l8l\ni\lora.rndb) Project Location 33-49 Encina Avenue EXHIBIT "A" Zoning Map cc 33 -49 Encina Avenue EXHIBIT "A" Town and Country This map is a' product of the City of Palo Alto GIS -. 0' 275'