HomeMy WebLinkAbout2003-05-05 Ordinance 4786ORDINANCE NO. 4786
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING TITLE 18 OF THE MUNICIPAL CODE TO ADD
SECTION 18.41.037 PRESERVING AND SUPPORTING
GROUND-FLOOR NEIGHBORHOOD-SERVING USES IN THE
NEIGHBORHOOD COMMERCIAL (CN) DISTRICT AT MIDTOWN
SHOPPING DISTRICT (PORTIONS OF THE 2600, 2700 AND
2800 BLOCKS OF MIDDLEFIELD ROAD, 700 BLOCKS OF
COLORADO AVENUE, MORENO AVENUE, AND
SAN CARLOS COURT)
The City Council of the City of Palo Alto does ordain as
follows:
SECTION 1. Findings. The Council finds and declares that:
A. In January 16, 2001, Februpry 20, 2001, and April 23,
2001, and April 23, 2001, the City Council adopted Ordinances 4676,
4685, and 4690, respectively, to conserve and promote retail and
neighborhood serving uses in the Midtown Shopping District. The
last of these ordinances expired on March 2, 2003. When these
ordinances were adopted, it was anticipated that they would be
replaced by new, comprehensive, neighborhood commercial standards
as part of the zoning ordinance update. This has not happened.
B. Over the 24 months they were in effect, the interim
ordinances provided valuable protection to neighborhood-serving
uses. At the request of City staff, the Planning and
Transportation Commission initiated consideration of adopting these
measures on a more permanent basis. The Planning and Transportation
Commission held a noticed public hearing on February 12, 2003 to
hear and consider public comment. The Council held a noticed
public hearing on April 13, 2003.
C. The City of Palo Alto reaffirmed in its Comprehensive
Plan a goal of fostering "an enhanced sense of Community with
development designed to foster public life and meet City wide
needs." (Goal L-2, adopted July 1998). To implement that policy,
the City adopted Policy L-10 I "maintain a citywide structure of
Residential Neighborhoods, Centers, and Employment Districts ... "
and Policy L-11, "promote increased compatibility, interdependence,
and support between commercial and mixed use centers and the
surrounding residential neighborhoods."
D. Basic to the City's land use pattern is the
availability of shopping and services within walking distance of
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residential neighborhoods. (Goals L-3 and L-4.) The Comprehensive
plan identifies four Neighborhood Centers:
small retail centers with a primary trade area limited to
the immediately surrounding area; often anchored by a
grocery or drug store and may include a variety of
smaller retail shops and offices oriented toward the
everyday needs of surrounding residents
(Comprehensive Plan, p. L-18.)
E. The Neighborhood Centers are small, and conversion of
some of their ground floor commercial space to non-neighborhood
serving uses not only removes valuable neighborhood serving uses
but also can adversely affect those that remain. Unless the CN
standards protecting neighborhood-serving uses are maintained in
Midtown, they may be displaced by non-neighborhood serving uses.
F. The City has zoned a significant portion of its land
for non-neighborhood serving uses. It has substantially more jobs
than housing, and use of CN district properties for non-
neighborhood serving uses worsens this jobs/housing imbalance at
the same time that it leads to loss of quality of life in the
neighborhoods and increases in driving.
SECTION 2. Section 18.41.037 of Chapter 18.41 of the Palo
Alto Municipal Code is hereby added to read as follows:
18.41.037
Regulations.
Midtown Shopping District Ground Floor
The regulations in this Section 18.41.037 apply to the
ground floor of that part of the Midtown Shopping District as shown
on Exhibit A attached. "Ground floor" shall mean the first floor
that is above grade.
(a) Permitted Uses. Notwithstanding the provisions of
Sections 18.41.030, 18.41.050, and 18.94.030{b), only the following
uses shall be permitted without a conditional use permit:
(1) Accessory facilities and uses customarily incidental
to permitted uses;
(2) Animal care, but excluding boarding and kennels;
(3) Day care centersi
(4) Eating and drinking services, except drive-in and
take-out services;
(5) Personal services;
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(6) Retail services, excluding liquor stores;
(7) Reverse vending machines, subject to regulations
established by Chapter 18.88 of this code;
(8) Neighborhood business services.
Uses lawfully existing on January 16, 2001 may be continued as non-
conforming uses but may only be replaced with uses permitted or
conditionally permitted under this Section 18.41.037.
(b) Conditionally Per.mitted Uses. The following uses may
be conditionally allowed subject to issuance of a conditional use
permit in accordance with Chapter 18.90 and paragraph (e) of this
Section 18.41.037:
(1) Ambulance services;
(2) Automobile service stations, subject to site and
design review in accord with the provisions of Chapter 18.82;
(3) Churches and religious institutions;
(4) Convalescent facilities;
(5) Financial services;
(6) Mortuaries;
(7) Medical offices, professional offices, travel
agencies, and insurance agencies, none of which may exceed 2,500
square feet in total floor area. No conditional use permit shall be
granted unless the City makes the additional findings in Section
18.41.037 (e) , (including the finding that the office is
neighborhood-serving);
(8) Private clubs, lodges, or fraternal organizations;
(9) Private educational facilities;
(10) Utility facilities essential to provision of utility
services to the neighborhood, but excluding construction or storage
yards, maintenance facilities, or corporation yards;
(11) Liquor stores;
(12) Temporary parking facilities, provided that such
facilities shall remain no more than five years;
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(13) Farmer's markets;
(14) Commercial recreation;
(15) Outdoor recreation service;
(16) Recycling centers.
(c) Prohibited Uses.
(1) Residential uses of any nature on the ground floor;
(2) Administrative office uses and general business office
uses (other than neighborhood-serving travel agencies and insurance
agencies), other than those lawfully in existence on January 16,
2001.
(d) Exception for Continuation of Practice or Business
An existing ground floor office may be replaced with another office
if (i) the new tenant or owner will continue the existing business
or practice; or (ii) a conditional use permit is issued for the new
office use.
(e) Additional Conditional Use Finding for New Offices. No
conditional use permit shall be issued for any new office use on
the ground floor unless, in addition to the findings required by
Chapter 18.90, the Ci ty finds that the proposed use will be
neighborhood serving, that it will be conducted in a manner that
will enhance and strengthen the Midtown Shopping District as a
neighborhood resource, and that it will not diminish the retail
strength of the District.
(f) Definition of Neighborhood-Serving Use. A
neighborhood-serving use is one that primarily serves individual
consumers and households rather than businesses, is generally
pedestrian oriented in design, and does not generate noise, fumes
or truck traffic greater than that typically expected for uses with
a local customer base. A neighborhood-serving use is also one to
which a significant number of customers and clients travel,
including neighborhood residents, rather than the provider of the
goods or services travelling off-site.
(g) Pedestrian Design Features Required. On any site or
portion of a site adjoining a designated pedestrian sidewalk or
pedestrian way, new construction and alterations to existing
structures shall provide, as determined by the architectural review
board, the following features intended to create pedestrian or
shopper interest, to provide weather protection for pedestrians,
and to preclude inappropriate or inharmonious building design and
siting:
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(1) Display windows, or retail display areas;
(2) Pedes trian arcades, reces sed en tryways , or covered
recessed areas designed for pedestrian use with an area no less
than the length of the adjoining frontage times 1.5 feet;
(3) Landscaping or architectural design features intended
to preclude blank walls or building faces.
The specific nature and requirements of pedestrian design features
shall be determined by the architectural review board under the
standards of Chapter 16.48. The designated pedestrian sidewalks
and pedestrian ways are shown on Exhibit B attached.
(h) Exclusion of Certain Office Buildings. 711, 719 and
721 Colorado Avenue, and 689 Colorado Avenue, buildings not
fronting on Middlefield Avenue, designed and used for office
purposes, and not well suited to other uses are exempt from the
provisions of this Section 18.41.037.
SECTION 3. The Council finds that this project is exempt
from the provisions of the California Environmental Quality Act
("CEQA") because it can be seen with certainty that there is no
possibility that this project will have a significant effect on the
environment.
SECTION 4. Expiration of Interim Ordinances. As provided
therein, Ordinance No. 4783, which extends interim Ordinance No.
4781, shall be of no force and effect upon the effective date of
this ordinance, provided, if the effective date of Ordinance No.
4787, titled ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING TITLE 18 OF THE MUNICIPAL CODE TO ADD SECTION 18.41.035
PRESERVING AND SUPPORTING NEIGHBORHOOD-SERVING USES IN THE
NEIGHBORHOOD COMMERCIAL (CN) DISTRICT AT CHARLESTON CENTER
(PORTIONS OF THE 3900 BLOCK OF MIDDLEFIELD ROAD), is later than the
effective date of this ordinance, then interim Ordinance No. 4783
shall expire on that effective date.
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SECTION 5. Effective Date. This ordinance shall be
effective on the thirty-first day after the date of its adoption.
INTRODUCED: April 14, 2003
PASSED: May 5, 2003
AYES: BEECHAM, BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE,
MORTON, MOSSAR, OJAKIAN
NOES:
ABSTENTIONS:
ABSENT:
APPROVED AS TO FORM:
\12--~.
r Asst. City Attorney
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030507 syn 0091200
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