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HomeMy WebLinkAbout2000-03-20 Ordinance 4611follows: ORDINANCE NO. 4611 -------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 445 BRYANT STREET (PARKING LOTS SiLl FROM PF AND CD-C(P)TO PC The Council of the City of Palo Alto does ORDAIN as SECTION 1. (a) The Planning Commission, after duly noticed public hearing, and the Architectural Review Board, after duly noticed public hearing, have recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended as hereinafter set forth. (b) The City Council, after duly noticed public hearing, and upon due consideration of the recommendations and of all testimony offered upon the matter, finds that the proposed amendment is in the public interest and will promote the public health, safety and welfare, as hereinafter set forth; SECTION 2. 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 445 Bryant Street (the "subject property") from "PF Public Facility" and "CD-C(P)Commercial District (Community) , Pedestrian Combining" to "PC Planned Communi ty." The subj ect property is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference. SECTION 3. The City Council hereby finds with respect to the subject property that: (a) .The site is so situated, and the use proposed for 000329 cl 0032195 the site is of such a characteristic that the application of general districts or combining districts will not provide sufficient flexibility to allow the proposed development. The proposed use is a multistory parking garage, which has been identified as a major public need in the downtown area, and such a use cannot be feasibly constructed within the available space under any other existing zoning classification. 1 (b) Development of the s under the provisions of the PC Planned Community district will result in public bene s not otherwise attainable by application of the regulations of general districts or combining districts. The primary purpose and the major public benefit of the development is to provide much ,needed public parking, which will reduce the current parking de cit in the downtown area. Other public bene s of the proj ect include a landscape plaza on Bryant Street, electrical connections for electric vehicles and incorporation of public art. (c) The use permitted and the development lations applicable within district are consistent with the Palo Alto Comprehensive Plan, as detailed in the Staff Report to the Planning Commission for the Agenda of July 14, 1999. The permitted uses and site development regulations are compatible with existing and potential uses on adjoining sites or in the 1 vicinity, as follows: 1) the parking structure will provide public parking to support commercial uses in the area; 2) the leased space will one or more the following: (i) a ground floor retail or other pedestrian-oriented use; (ii) a teen center; and (iii) office use . Either a retail or other pedestrian-oriented use would be similar to other ground floor uses in the ty, and a teen center would merely replace an existing teen center use, which has operated compatibly with surrounding uses. Office use above the ground floor is also s lar to many surrounding uses. Those certain plans entitled "445 Bryant Street (parking lots S/L)" prepared by The Watry Design Group, dated December 6, 1999, a copy of which is on file in the Planning Division office, and to which copy reference is hereby made, are hereby approved as the Development Plan for the subject property, pursuant to Palo Al to Municipal Code section 18.68.120. Said Development Plan is approved for the following uses, and subject to the following conditions: (a) Permitted Uses. The permitted uses shall be limited to a multistory parking lity, with auto and pedestrian circulation, auto and bicycle parking, landscaping, lighting and accessory uses, including bathrooms and storage. Other uses that 2 000329 cI 0032195 may be made from space deemed unusable for parking, include one or more of the following uses in addition to parking: (a) retail or other pedestrian-oriented ground floor use; a teen center; and o ce use above the ground floor. (b) permitted. Condi tional Uses. No conditional uses shall be (c) Site Development Regulations. All improvements and development shall be substantially in accordance with the approved Development Plan, which shall be amended as required to comply with the Special Requirements set forth in subparagraph (e), and with all applicable codes and ordinances, and with the requirements of the Director of Public Works, the Director of Utilities, and the Fire Chief. (d) Parking and Loading ReQuirements. The parking governing the subject property shall be in accordance with the Development Plan, which shall be amended as required comply with the Special Requirements set forth in subparagraph (e). (e) Special ReQuirements. The Conditions of Approval adopted by the City Council in approving this ordinance, attached hereto as Exhibit "B" and incorporated herein by reference, are hereby approved as the special requirements of the PC zone established by this ordinance, as are the Mitigation Measures described in the Summary of Environmental Impacts and Mitigations, Draft Environmental Impact Report (98-EIA-23), prepared by Jerry Haag, dated November, 1998. To the extent of a 'conflict between the Development Plan and these special requirements, these special requirements shall apply. (f) Development Schedule. Construction shall commence on or before January 1, 2001 and shall be completed and ready for occupancy on or before January 1, 2008. SECTION 5. The City Council adopts this ordinance in accordance with the California Environmental Quality Act ("CEQA") findings adopted by Resolution No. 7917. II II II 000329 cl 0032195 3 (e) The Conditions of Approval adopted by the y Council in approving this ordinance, att~ched hereto as Exhibit "B" and incorporated herein by reference, are hereby approved as the special requirements of the PC zone established by this ordinance as are the Mitigation Measures identified in the Summary Environmental Impacts and Mitigations, Draft Environmental Impact Report (98-EIA-23), prepared by Jerry Haag, dated November, 1998. These requirements shall be reflected in amendments made to the development plan and approved by the Director of Planning and Community Environment prior to issuance of building permits. To extent of a conflict between the Development Plan and special requirements, these special requirements shall apply. (f) Construction shall commence on or before January 1, 2001 and shall be completed and ready for occupancy on or before January 1, 2008. SECTION 5. The C Council adopts this ordinance in accordance with the Cali Environmental Qua'lity Act ("CEQA") findings adopted by Resolution No. 7917. SECTION 6. This ordinance shall be effective upon the thirty-first day after the date of its adoption. INTRODUCED: December 20, 1999 PASSED: March 20, 2000 AYES: BURCH, EAKINS, KLEINBERG, KN1;,SS, LYTLE, MOSSAR, OJAKIAN NOES: NOT PARTICIPATING: BEECHAM ABSTENTIONS: ABSENT: FAZZINO A~ J4~.11zP City Clerk--' APPROVED AS TO FORM: ~uJ.c~ Snlor Asst. Clty Attorney 000329 cl 0032194 C ty Mager Dir~ ~%clxng and Community Environment 3 EXHIBIT "A" North EXHIBIT "B" DRAFT CONDITIONS OF APPROVAL FOR PC ZONE CHANGE 445 Bryant Street (Lots S/L) File Nos. 98-ZC-ll, 98-ARB-159, 98-EIA-23 and 98-SUB-5 Prior to Demolition 1. Construction plans shall include specific steps in recovering recyclable - materials through: • Recovery of concrete, asphalt, and other inert solids; • Re~overy of scrap metals; • Siting container at the construction site for cardboard, beverage container, wood, and other recylable materials. • Recovery of concrete, asphalt, and other inert solids; 2. Tree Protection Statement: A written statement shall be provided to the Building Department verifying that protective fencing for the trees is in place before demolition or grading or building permit will be issued, unless otherwise approved by the City Planning Arborist. 3. Protective Tree Fencing: All trees to be retained, as shown on the approved plans shall be protected during construction to the satisfaction of the City Planning Arborist. The following tree preservation measures apply to all trees to be retained. a. All existing trees to be retained shall be protected with five-foot high chain link fences enclosing the entire drip line under the trees. * Each tree shall be mounted on two-inch diameter galvanized iron posts, driven into the ground every 10 feet to a depth of at least 2-feet. The fences shall be erected before construction begins and shall remain in place until final inspection, except during work specifically required in the approved plans to be done under the trees to be protected. (As shown on Public Works Standard Specification Detail #505, which shall appear on the plans.) * * For trees situated within a narrow planting strip, only the planting strip should be enclosed with the required protective fencing in order to keep the sidewalk and street open for public use. Trees situated in a small tree well or sidewalk planter pit, shall be wrapped with 2-inches of orange plastiC fencing from the ground to the first branch with 2-inch thick wooden slats bound securely with additional orange plastic fencing (which shall not be allowed to dig into the bark). During installation of the plastic fencing, caution shall be used to avoid damaging any branches. Major scaffold limbs may also require plastic fencing as directed by the City Planning Arborist. b. .8.igns.: A "Warning" sign shall be prominently displayed on each tree· protection fence. The sign shall be a minimum of I8-inches square and shall state: "PROTECTIVE TREE FENCING -This fence shall not be removed without approval. Violators will be prosecuted and are subject to fine pursuant Section 8.10.110 ofthe PAMC." Prior to Assessment District Preceedings 4. Preliminary review and comments by the Public Arts Commission on the proposed public art. 5. Final design plans for Architectural Review Board review and approval including: • Exterior lighting plan designed to eliminate glare and spillover beyond the perimeter of the development. Lighting shall be in conformance with recommendations of the Illuminating Engineering Society. All street lighting must be as previously approved by ARB for street light poles and fixtures; • Longitudinal and cross sections for the site and structures including sections through the ramps indicating that the ramp slope does not exceed 7 percent; • Final design details including exterior walls, awnings, railings, rain leaders, trellises, etc.; • Initial proposal for the public art proposed within the project; • Final building materials and colors including a color and materials board; • Detailed landscape and irrigation plans encompassing on-and off-site plantable areas out to the curb. A Landscape Water Use statement, water use calculations and a statement of design intent. These plans should be prepared by a licensed landscape architect and qualified irrigation consultant. Landscape and irrigation plans shall take into consideration all elements included on: I) the City of Palo Alto Landscape Plan Checklist; and 2) the Water-Conservation Guidelines. The plan shall include: a. All existing trees identified both to be retained and removed b. Complete plant list indicating tree and plant species, quantity~ size, and locations c. Irrigation schedule and plan including locations and screening of back flow preventers. d. A dedicated irrigation water meter is required, and a Maximum Water . ~llowance will be applied. • Minimum sight distance triangles must be provided at each vehicular exit from each garage, in accordance with P AMC 18.83.110, Figure 6. Proposed plans must provide a detail for each exit to show that this requirement is met; • Minimum sight distance triangles must be provided at each end of the alley on the south east side of the parking structure; • Final plans must show the interface between the public alley and the structure, especially where the alley meets Florence and Bryant; . • Provide pedestrian entrances on Bryant and Florence to serve people heading to/from the north (Lytton Avenue area); . • The bicycle parking location shall be relocated or redesigned to eliminate the exposure to vehicular movements and direct pedestrian access provided without using the vehicular entry; and • Details must be provided for the curb extensions (bulbouts) for Bryant Street midblock crosswalk. 6. All sidewalks bordering the project shall be replaced in accordance with Public works approved standards .. 7. Comple~e and submit an electric load sheet along with a single line diagram and a site plan to Utilities Engineering for determination of service needs and if required, the size of transformers needed to provide the service. 8. The site plan must indicate adequate space to accommodate the recyclables generated by the proposed retail and/or office space or Teen Center uses. Revised plans should show enclosure with space for: 2-cubic yard container for cardboard; two, 95-gallon bins for newspaper and white paper; four, 64- gallon containers for glass, plastic bottles, aluminum cans, mixed paper; and a trash container. A Solid Waste Management and Recycling Plan must also be submitted, which shows plans to recover demolition and construction materials. Prior to Issuance of Building Permit 9. As part ofthe approval of detailed construction plans, plans shall have to be - prepared for the modification ofthe parking T's and parking signage along the full block face on both frontages. 10 .. A storm water pollution prevention plan (SWPPP) shall be incorporated into the project plans. The SWPPP shall include both temporary Best Management Practices (BMP's) to be implemented during construction and permanent BMP's to be incorporated into the project to protect storm water quality. 11. A construction logistics plan shall be provided, addressing at a minimum parking, truck routes and staging, materials delivery and storage, and the provision for pedestrian and vehicular traffic adjacent to the construction site. All truck routes shall conform with the City of Palo Alto's Truck Route Ordinance, and the route map which outlines truck routes available throughout the City of Palo Alto. 12. Automatic fire sprinklers shall be provided in accordance with NFPA 13 (1996 Ed.) and Chapter 9 of the California Building Code. Fire Department access, water supply and hydrants shall be accordance with Article 9 of the California Fire Code. Class 1 stand pipes shall be provided with connections within 300 feet of any interior portion of the structure. The elevators shall be gurney-accessible. Fire hydrant(s) shall be placed in accordance with Chapter 15 of the PAMC. 13. Finalization of the proposed public art feature(s) as approved by the Public Arts Commission and the ARB. During Construction 14. The ~pplicant shall be responsible for the repair or replacement of any publicly owned trees that are damaged during the course of construction, pursuant to Section 8.04.070 of the Palo Alto Municipal Code. 15. The following tree preservation measures apply to all trees to be retained (See Public Works Tree Protection Drawing #505): I , a. No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. b. The ground under and around the tree canopy area shall not be altered. c. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 16. All new trees shall be planted as per Public Works Standard Tree Well Diagram #504 and have the tree pit dug at least twice the diameter of the root ball. This diagram shall be shown on the landscape plan.