HomeMy WebLinkAbout2001-02-20 Ordinance 4685follows:
ORDINANCE NO. 4685
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO-ALTO
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) ON AN
EXTENDED INTERIM BASIS PURSUANT TO GOVERNMENT CODE
SECTION 65858 BY AMENDING AND EXTENDING ORDINANCE
NO. 4676 ADDING SECTION 18.41.037 TO THE PALO ALTO
MUNICIPAL CODE TO TAKE EFFECT IMMEDIATELY
The City Council of the City of Palo Alto does ordain as
SECTION 1. Findings. The Council finds and declares that:
A. The Council Id noticed public hearings on an
interim measure to conserve and promote retail and neighborhood-
serving uses in the Midtown Shopping District on January 16, 2001
and February 20, 2001.
B. The Council hereby reaffirms and incorporates by
reference findings A through H of Ordinance No. 4676 adopted
January 16, 2001, which findings are attached hereto as Exhibit A.
C. Based on the findings set forth in Exhibit A and the
record fore the Council, Council finds that there is a
current and immediate threat to the public health, safety or
weI if this ordinance not adopted pursuant to Government
Code Section 65858 limiting new non-neighborhood serving businesses
the -Midtown CN district while the City completes its zoning
ordinance update. If an interim ordinance is not adopted,
additional non-neighborhood serving businesses and other uses may
enter into long-term tenancies in the Center, limi-ting the ability
of businesses to provide needed neighborhood-serving retail stores
and services to City residents. This displacement of retail and
service uses imposes a hardship on local residents; particularly
those with reduced mobil y, increases already serious traffic
congestion, exacerbates an ready significant surplus of jobs over
housing, and leads to a decline in quality of life. Because
sting retail and neighborhood-serving uses depend upon a
concentration of such uses to maintain their own economic
viability, continued loss of these uses would seriously jeopardize
entire shopping dist
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D. This ordinance extends interim regulations in the
Midtown District until March 2, 2003, as provided in Government
Code Section 65858. However, it is the intention of the Council to
review this matter further at another public hearing on or before
April 30, 2001. At that time, it will consider extension,
modification, or repeal of this ordinance. Therefore, under the
terms of this ordinance, if the City Council does not confirm its
adoption (or modification) by a four-fifths vote, by April 30,
2001, this ordinance will be of no further force and effect after
that date.
SECTION 2. Ordinance 4676 of the City of Palo Alto is
hereby extended and amended to read as follows:
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 B attached. "Ground floor" shall mean the first floor
which 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 use~;
(2) Animal care, but excluding boarding and kennels;
(3) Day care centers;
(4) Eating and drinking services, except drive-in and
take-out services;
(5) Personal services;
(6) Retail services, excluding liquor stores;
(7) Reverse vending machines, subj ect to regulations
established by Chapter 18.88 of this code;
(8) Neighborhood business services.
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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 (g) of
this ion 18.41.037:
(1) Ambulance services;
(2) Automobile service stations, subject to sand
design review in accord with the provisions of Chapter 18.82;
(3) Churches and reI ous institutions;
( 4) Convalescent 1 ies;
(5) Financial services;
(6) Mortuaries;
(7) Medical of ces not exceeding 2,500 square feet in
area, professional offices, travel agencies, and insurance
agencies. 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 faci essential to provision of utility
services to the neighborhood, but excluding construction or storage
yards, maintenance facil , or corporation yards;
(11) Liqttor stores;
(12) Temporary parking facilities, provided that such
facil ias shall remain no more than five years;
(13) Farmer's markets;
(14) Commercial recreation;
(15) Outdoor recreation service;
(16) Recycling centers.
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(c) Prohibited Uses.
(1) Residential uses of any nature.
(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
Jan'uary 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 ) Addi tional 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 City 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) 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 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, and because this ordinance falls within the exception
to CEQA set forth in Section 15268 of the CEQA Guidelines.
SECTION 4. Effective Date. This ordinance was passed by a
four-fifths vote after a public hearing pursuant to Government Code
Section 65858 and shall be effective immediately.
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SECTION 5. Expiration Date. This ordinance shall remain
in effectunt March 2, 2006, provided that prior to April 30,
2001, the Council holds a public hearing and reaffirms its adoption
or modi ion of it by a four-fifths vote. If the Council does
not do so, the ordinance shall expire on April 30, 2001 and be of
no further force and effect.
SECTION 6. Independent Authority. This ordinance is
adopted Council's authority under the Charter of the City
of Palo Alto as well as pursuant to Government Code Section 65858.
INTRODUCED AND PASSED: February 20, 2001
AYES: BEECHAM, BURCH, EAKINS, LYTLE, OJAKIAN, WHEELER
NOES:
ABSTENTIONS:
ABSENT: FAZZINO, KLEINBERG, MOSSAR
APPROVED AS TO FORM:
~W>-~ Senior Asst. City Attorney
,)/lCUME,NT IS CERTIFIED TO BE AN
T;';:, ,'. 'CE DULY PASSED BY THE COUNCIL
C. ",;:rTY OF PALO ALTO AI\!\)
010222 syn 0090786
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5
ning and
Environment
EXHIBIT A
A. The City of Palo Al to rea irmed in its
Comprehensi ve Plan a goal of fostering "an enhanced sense of
Community with development designed to foster publ life and meet
City wide needs." (Goal L-2, adopted July 1998). To implement
that policy, the City adopted Policy L-10, "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."
B. Basic to the City's land use pattern is the
availability of shopping and services within walking distance of
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.)
C. Two of the Neighborhood Centers, Edgewood Plaza and
Alma Plaza, are developed under site-speci PC Planned Community
zoning regulations. However, Midtown and Charleston Center operate
under the CN Neighborhood Commercial standards adopted by the
City in 1978. Both centers are valued neighborhood and city
resources, containing anchoring supermarkets and drug stores and a
mix of associated neighborhood-serving businesses. However, the CN
district allows uses which are not neighborhood-serving in certain
circumstances. Charleston Center is addres in a separate
ordinance.
D. A "neighborhood-serving use" is one that primarily
serves individual consumers and households; than other
businesses; is lly pedestrian oriented in design, and does
not generate noise, fumes or truck traf c greater than that
typically expected uses with a local customer base. A
neighborhood-serving use is also one to which a significant number
of customers and s travel, instead of the provider travelling
off site.
E. The City is experiencing an unprecedented sustained
demand for office space from businesses which are not neighborhood-
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serving and instead primarily serve other businesses. The demand
for of space comes, to a signi extent, from the well-
financed and often highly pro table businesses that typi the
Silicon Valley. These concerns are willing and able to pay high
rents to locate within the Neighborhood Centers which are intended
to serve the City's. residential areas. As a result, buildings
which had been used for neighborhood-serving uses have been removed
from the retail space market and converted to office or "bus s
to business" uses.
F. 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 can adversely effect those that remain. Unless the CN
standards are changed to protect neighborhood-serving uses in
Midtown, they will be displaced by non-neighborhood serving uses.
G. The City has zoned a significant portion of 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 li in the
neighborhoods and increases in dr ng.
H. In response to the Comprehensive Plan and zens'
concerns about replacement of neighborhood-serving uses with
offices that do not serve the neighborhood, and in some cases do
not serve consumers at all, and as part of the comprehens update
of the zoning ordinance, the City's Department of Planning and
Community Environment is studying modification of CN standards to
better implement the intent of the Comprehensive Plan and the
district itself. -It is very likely that "neighborhood-serving"
uses will be more fully defined and other uses limited in the CN
District when the zoning ordinance update is completed. However,
that comprehensive zoning ordinance update will not be completed
within the next twelve months.
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Interim
CN Combining Distridt i . at Midtown Shoppin.Q ~nter
il!
D Interim CN
Combining
District Overlay
Interim
CN Combining District Overlay
at Midtown Shopping Center
(1993 building footprints)
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ExhibitB