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HomeMy WebLinkAbout2002-06-13 Ordinance 4753follows: ORDINANCE NO. 4753 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 2051 EL CAMINO REAL FROM CN NEIGHBORHOOD COMMERCIAL TO PC PLANNED COMMUNITY (OAK SHADOWS LLC, APPLICANT) The Council of the City of Palo Al to does ORDAIN as SECTION 1. (a) Oak Shadows LLC ("the Applicant") applied on October 17, 2001 to the City ,for approval the rezoning of a 4,938 square foot parcel from CN (neighborhood commercial) to PC (Planned Community) to construct a 4,555 square foot, three story building to contain two residential units (2,511 sq.ft.) including a below market rate unit, ground floor retail space (511 sq.ft.) and second floor space (1,191 sq.ft.) for neighborhood business and personal services (" the Proj ect" ) . A previous application made by the Applicant for this property, which included a request for variances and design enhancement exceptions, was withdrawn on October 10, 2001. (b) On November 29, 2001, after a duly noticed public hearing, the Planning and Transportation Commission recommended denial of the project. On February 4, 2002, the City Council rejected the Commission recommendation and forwarded the project to the Architectural Review Board for further review. (c) On March 21, 2002 and April 4, 2002, the Architectural Review Board (ARB) reviewed the Project and the Applicant made certain changes to the proj ect so that revised plans and materials submitted prior to April 4, 2002 were reviewed and recommended for approval by the ARB. (d) The Planning Commission, after a duly noticed public hearing held May 1, 2002, recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended to permit construction of the Project, with two additional changes to Section 4 concerning permitted uses. Those changes have been incorporated herein. 1 020612 syn 0090888 (d) The Council, after due consideration of the recommendations, 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 2051 El Camino Real (the "subj ect property") from CN Neighborhood Commercial to "PC Planned Communi ty. " The subj ect property, consisting of approximately 4,938 square feet, 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 uses proposed for the site are of such characteristics that the application of general districts or combining districts will not provide sufficient flexibility to allow the proposed development in that the proposed residential density, building setbacks, daylight plane, lot coverage and parking facilities are inconsistent with the CN Neighborhood Commercial District development standards. (b) Development of the site under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts in that the Proj ect includes the following public benefit that is inherent to the Project and above those required by city zoning districts: (1) An undeveloped lot will be developed with a residential/retail/office building in a mixed use area that is within walking distance of the California Avenue Business District and in close proximity to public transit. The project will provide two, smaller housing units on the parcel instead of one larger one permitted by the existing zoning. This mixed use project furthers the goals of the Comprehensive Plan. (2) The Project will provide a three-bedroom Below Market Rate rental housing unit where no such unit would be required by the City I s housing programs. The Proj ect I s owner has executed an Agreement to Provide Below Market Rate Housing with City dated February 26, 2004 which will be recorded upon final passage of this ordinance. (c) The uses permitted and the site development regulations applicable within the District are consistent with 2 020612 syn 0090888 the Comprehensive Plan and are compatible with the existing and potential uses on the adjoining sites or within the general vicinity in that the Project would be consistent with the following Comprehensive Plan policies: (1) Local Land Use Policy L-9: Enhance desirable characteristics in mixed- use areas. Use the planning and zoning process to create opportunities for new mixed use development. The Project is a mix of residential, office, and retail uses. (2) Policy H-4: Encourage mixed use projects as a means of increasing the housing supply while promoting diversity and neighborhood vitality. The Project includes two apartment units that will increase the supply of rental housing, which is scarce in the area. (3) Program L-10 notes· that new mixed use zoning standards should be created and applied, including a "Residential/Office", "Residential/Retail" and "Retail/Office" designations. No new standards have been adopted to date. Program L-10 also states: Develop design standards for all mixed use designations providing for buildings with one to three stories, rear parking or underground parking, street-facing windows and entries, and zero setback along the street, except that front gardens may be provided for ground floor residential uses. The project includes rear parking, entries. It does have a small front for this portion of El Camino Real, the retail store. street-facing setback, which wi th plantings windows and is desirable in front of 020612 syn 0090888 (4) Policy L-75 states: Minimize the negative physical impacts of parking lots. Locate parking behind buildings or underground wherever possible. 3 The rear parking lot conforms to Policy L-75. Since an underground parking facility is infeasible for a site of this size! and development is further constrained by the presence of protected oak trees!" the Project includes a partially covered 7-space ground floor parking facility behind the front portion of the building. It is screened from the street. (5) Policy L-5 states: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale. Although the proposed building will change the character and apparent scale of the streetscape in the immediate vicinity! the size and scale of the proposed building is consistent with other commercial buildings on EI Camino Real. It is also well-scaled to EI Camino Real itself. (6) Program T-2 states: Promote mixed use development to provide housing and commercial services near employment c~nters, thereby reducing the necessity of driving. The project is near employment centers. (7) Policy N-17 states: Preserve and protect heritage trees, native oaks and other significant public and private property. including trees, on The healthy oak trees on the property will be preserved. Unhealthy trees with structural deficiencies will be removed. "(8) Policy N-22 states: Limit the amount of impervious surface in new development or public improvement projects to reduce urban runoff into stor.m drains, creeks and San Francisco Bay. Pervious turf block paving will be used on all parking spaces. 4 020612 syn 0090888 (9) Policy N-39 states: Encourage the location of land uses in areas with compatible noise environments. Use the guidelines in the table "Land Use Compatibility for Community Noise Environment" to determine compatibility." • The guideline for maximum outdoor noise levels in residential areas is an Ldn of 60 dB. This level is a guideline for the design and location of future development and a goal for the reduction of noise in existing development. However, 60 Ldn is a guideline which cannot necessarily be reached in all residential areas within the constraints of economic or aesthetic feasibility. This guideline will be primarily applied where outdoor use is a major consideration (e.g. backyards in single family housing developments, and recreational areas in multiple family housing projects.) Where the City deter.mines that providing an Ldn of 60 dB or lower outdoors is not feasible, the noise level in outdoor areas intended for recreational use should be reduced to as close to the standard as feasible through project design. • The indoor noise level as required by the State of California Noise Insulation Standards must not exceed an Ldn of 45 dB in multiple family dwellings .... • Interior noise levels in new single family and multiple family residential units exposed to an exterior Ldn of 60 dB or greater should be limited to a maximum instantaneous noise level of 50 dB in the bedrooms [and 55 dB in other rooms.]. The City's Comprehensive Plan indicates that the prevailing noise level on El Camino Real properties are high (70 dBA). The parapet will reduce noise levels on the rooftop deck to as close to the 60 dB standard as feasible. 5 020612 syn 0090888 (10) Policy N-42 states: The City may require proposals to reduce noise impacts of development on adjacent properties through appropriate means including but not limited to the following: • Construct noise walls when compatible with aesthetic concerns. • Screen and control noise sources such as parking, outdoor activities and mechanical equipment. • Increase setbacks for noise sources from adjacent dwellings. • Whenever possible, retain fences, walls or landscaping that serve as noise buffers al though design, safety and other impacts must be addressed. • Use soundproofing materials and double- glazed windows. • Control hours of operation, including deliveries and trash pickup, to minimize impacts. Double-glazed windows will be incorporated into the Project and limitations on hours of deliveries and trash will be set by the Planned Community standards in this ordinance. SECTION 4. Those certain plans entitled "Oak Shadows" prepared by Carrasco & Associates Architects dated March 28, 2002, and consisting of ten (10) 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. Said Development plan is approved for the following uses, and subj ect to the following conditions: (a) Permitted Uses. The permitted uses shall be as follows: (1) Multiple Family Residential Use: In those areas designated on the Development Plan as "Residential", two dwelling units and uses customarily incidental to residential uses. Each unit shall be a rental unit, and they shall not be merged, consolidated, or connected. In any individual unit, 6 020612 syn 0090888 home occupations accessory to the residential use of that unit are permitted subject to Palo Alto Municipal Code provisions regulating home occupations. Development neighborhood facilities. (2) Office: plan as business In those areas designated on the "Office", professional offices, services, and private educational (3) Retail: In those areas designated on the Development plan as "Retail," neighborhood-serving eating and drinking services, personal services, and retail services except appointment-only retail services. (4) Parking facilities: The parking facilities shall be owned and operated by the owner of the Project. There shall be a minimum of seven (7) spaces. Two (2) spaces shall be reserved for the use of residential tenants and shall be allocated by the owner of the Proj ect. The balance of the parking spaces shall be managed as parking for the retail and office tenants and visitors during business hours. The garage shall be open during business hours. (b) Conditional Uses. Child-care facilities may be allowed with a conditional use permit. (c) Site Development Regulations. All improvements and development shall be substantially in accordance with the approved 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) Any future plan revisions amendment to this Planned Community Zone approval under Chapter 18.99 of the Palo Alto shall require an or, if eligible, Municipal Code. (2) The approved Development Plan permits some tree removal and requires the preservation and protection of specified existing trees within the development. No future development or improvement proposed for the subj ect property following initial construction authorized by Architectural Review Approval shall result in the removal or destruction of trees without the approval of the City of Palo Alto. 7 020612 syn 0090888 (d) Special Conditions. (1) Below Market Rate (BMR) Housing Requirement. The Project shall provide one three-bedroom unit to be included in the City's Below Market Rate ("BMR") program. The unit shall be in conformance with the City's BMR program and subject to the restrictions applicable to rental units placed in the BMR program. The unit shall be the second floor unit specified on the approved plans. If prior to the issuance of a building permit for the Project, the Project Owner and the City Manager determine and agree that the goals of the City's below-market rate housing program are better met if the space allocated to BMR unit is reconfigured to provide more units or a different allocation of bedrooms, they may do so by amending the Agreement Regarding Provision of Below Market Rate Housing described below. The provisions of this condition (1) have been agreed to by the Project's owner and are set forth in an Agreement Regarding Provision of Below Market Rate Housing to be executed and recorded prior to the final passage of this ordinance. The zoning for the Project does not permit conversion of the residential units to condominiums. If an amendment to the zoning is sought to permit such a conversion, a new BMR agreement must be negotiated with the City prior to such amendment. (2) Transportation Demand Management Program. a. Project's owner shall implement a Transportation Demand Management (TDM) program to reduce the number of parking spaces used by individuals working in the office and retail portions of this site. The owner shall enter into an agreement with City describing the methods for reducing demand, requiring the appointment by the owner of a TDM manager/commute coordinator, providing for the monitoring of parking space use by individuals working at 2051 El Camino Real, and establishing performance standards and action to be taken if the goals of the TDM are not met. The agreement shall be approved by the Director of Planning and Community Environment and executed and recorded prior to issuance of the first building permit for the Project. b. Applicant, and its successors in interest, shall pay any local or citywide transportation impact fee adopted by the City within thirty-six (36) months after the effective date of this ordinance. The property owner shall enter into a binding and recordable agreement with the Ci ty to 8 020612 syn 0090888 this effect, in a form satisfactory to the City Attorney, and post a letter of credit or other security acceptable to the City Attorney to assure payment of the applicable fee. The agreement shall be approved by the Director of Planning and Community Environment and executed, and if the City chooses, recorded, prior to issuance of the first building permit for the Project. (e) Development Schedule. Construction of the Project shall commence on or before January 6, 2003, and shall be completed and ready for occupancy on or before July 1, 2003. limited Friday. ( f) to Hours of the hours Delivery. of 8: 00 Commercial A.M. to 7 deliveries shall be P . M. Monday through (g) TrashlRecycling Pickups. No trashlrecycling pickups shall be permitted at the site before 6:30 A.M. (h) City Right to Inspect. The applicant and all successors in interest shall take all steps necessary to assure actual residential use of the portion of the premises designated "Residential. " The applicant and all successors in interest shall permit City inspection of the premises to assure actual residential use of the premises as approved. Inspections may occur and shall be permitted on an annual or more frequent basis, at reasonable times of day and upon reasonable notice, wi thout need for inspection by the City. The applicant shall record a deed restriction or other appropriate notice in a form acceptable to the City Attorney in order to provide record notice of this condition to all successors in interest. The applicant shall also include this condition and restriction in all leases or other conveyances of any interest or tenancy in the property. SECTION 5. The project is categorically exempt from the provisions of the California Environmental Quality Act, pursuant to State CEQA Guidelines section 15303. II II II II II 9 020612 syn 0090888 SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: June 3, 2002 PASSED: June 13, 2002 AYES: BEECHAM, BURCH, FREEMAN, LYTLE, MOSSAR, OJAKIAN NOES: KISHIMOTO, KLEINBERG, MORTON ABSTENTIONS: ABSENT: ~~ . Jlt.I-- City Clerk ~ APPROVED: ~ APPROVED AS TO FORM: W~~ Asst. City Attorney and Community 10 020612 syn 0090888 Tllo CilY or Palo Al to PLAlIlIINa olVI51011 Planned Community I 01-PC-04· 2051 EI Camino Real 100' 200'