HomeMy WebLinkAboutOrdinance 5596CANNERY
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Ordinance No. 5596
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 Located at 340-404 Portage Avenue from Multiple Family Residential
(RM-30) to PC Planned Community Zone (PC-5596) for the Partial Demolition
and Historic Restoration/Rehabilitation of the Cannery Building for Research and
Development Use
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
(a)At the conclusion of a City Council ad hoc committee process and City Council pre-
screening on August 1, 2022, SI 45, LLC, (“the Owner”) applied in the Fall 2022 to the City for
approval of (1) a Development Agreement, (2) Comprehensive Plan Amendment, (3) Planned
Community Zoning Ordinances, (4) Tentative Map(s), and (5) Major Architectural Review (the
“Project”) for the 14.65 acre property at 200-404 Portage Avenue, 3040-3250 Park Boulevard,
3201-3225 Ash Street, and 278 Lambert Avenue (the “Project Site”).
(b) Unless context dictates otherwise, terms used in this Ordinance shall be defined
and interpreted in a manner consistent with the Development Agreement adopted by Ordinance
No. 5595 (the “Development Agreement”). All references in this ordinance to the Development
Agreement are for informational purposes only; this ordinance does not affect the rights and
obligations of the parties stated in the Development Agreement nor extend its applicability to
the Subject Property beyond the terms stated in the Development Agreement.
(c) The Tentative Map associated with the Project, including exceptions and
conditions of approval, approved by Record of Land Use Action No. 2023-03 (the “Tentative
Map”) will merge the Project Site and create five (5) new parcels, including dedication of
approximately 3.25 acres of the Project Site to the City for use as parkland and as the site of
an affordable housing project. In part as a result of and to facilitate this dedication, existing and
proposed uses on the other four (4) newly created parcels require Planned Community (PC)
Zoning.
(d) The Architectural Review associated with the Project, including conditions of
approval, approved by Record of Land Use Action No. 2023-03 include informa tion on the
existing and proposed improvements on the Project Site (the “Architectural Review”).
(e) The approved Tentative Map and the Architectural Review shall be known
collectively as the “Project Plans” and incorporated herein by reference.
(f) This Ordinance is one of five (5) PC Planned Community Ordinances associated
with the Project, and sets forth the permitted uses, required development standards, and
required public benefits applicable solely and exclusively for 340-4 04 Portage Avenue (the
“Subject Property”) as depicted and legally described on Exhibit A.
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(g) After study sessions on October 12, 2022 and October 26, 2022, the Planning and
Transportation Commission (“PTC”), at its meeting of November 30, 2022, acted favorably on the
Owner’s request for initiation of the Planned Community Zone process for the establishment of
Planned Community Zone District No. PC-5596.
(h) The Project was considered by the Public Art Commission (“PAC”) on January 19,
2023, and the Palo Alto Bicycle Advisory Committee (“PABAC”) on February 7, 2023 and June 6,
2023.
(i) After a study session on January 12, 2022, the Historic Review Board (“HRB”), at
its meeting of May 25, 2023, reviewed the Project design and recommended the City Council
approve the Project, with certain recommended conditions and considerations.
(j) After a study sessions on December 15, 2022, January 19, 2022, and a public
hearing on April 6, 2023, the Architectural Review Board (‘ARB”), at its meeting of June 15, 2023,
reviewed the Project design and recommended the City Council approve the Project, with certain
recommended conditions and considerations.
(k) The PTC, after a duly noticed public hearing held on July 12 and July 26, 2023,
considered the Environmental Impact Report (“EIR”), then reviewed the Project Plans and this
Ordinance, and recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto
Municipal Code be amended to rezone the Subject Property to a new Planned Community zone,
consistent with conditions included in the Planned Community zone related to allowable land
uses and required development standards, and subject to provision of the public benefits
outlined in this ordinance and recommended approval of the Tentative Map and Architectural
Review.
(l) The Palo Alto City Council, after due consideration of the proposed Project, the
analysis of the City staff, and the recommendations from the PAC, PABAC, HRB, ARB and PTC,
certified the EIR and Mitigation Monitoring Program, and found that the proposed project and
this Ordinance is in the public interest and will promote the public health, safety and welfare, as
hereinafter set forth.
(m) The Council finds that (1) the Subject Property is so situated, and the use or 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 for the Project; (2) development
of the Subject Property 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, as set forth in Section (6)(c) hereof; and (3) the use or uses permitted, and
the site development regulations applicable within the proposed district are consistent with the
Palo Alto Comprehensive Plan (Goals, Policies, and proposed designation of Mixed Use for the
Subject Property) as set forth in Record of Land Use Action No. 2023-03, and are compatible
with existing and potential uses on adjoining sites or within the general vicinity.
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SECTION 2. Amendment of Zoning Map.
Section 18.08.040 of the Palo Alto Municipal Code, the “Zoning Map,” is hereby amended
by changing the zoning of Subject Property from Multiple Family Residential (RM-30) to
“PC Planned Community Zone 5596”.
SECTION 3. Project Description.
The Project as a whole is described in the Development Agreement and the Project Plans.
With respect to the Subject Property, the project comprises the uses included in this Ordinance,
depicted on the Project Plans, incorporated by reference, including the following components:
(a)Construction of a one-level parking garage;
(b)Demolition of approximately 84,000 square feet of the existing cannery building
restoration, rehabilitation and maintenance of the remaining cannery building in accordance
with the Development Agreement and Architectural Review.
(c)Construction of an approximately 2,600 square foot retail/interpretive display
space within the remaining cannery building and an adjacent outdoor seating area (“Retail Area”)
in accordance with the Development Agreement and Architectural Review.
SECTION 4. Land Uses
(a)The following land uses shall be permitted, subject to the limitations stated in
Section 4(c):
(1)Research and Development as defined in Palo Alto Municipal Code section
18.04.030(a)(123) as of the Effective Date of this Ordinance and set forth in
full below:
“Research and development” means a use engaged in the study, testing,
engineering, product design, analysis and development of devices, products,
processes, or services related to current or new technologies. Research and
development may include limited manufacturing, fabricating, processing,
assembling or storage of prototypes, devices, compounds, products or materials,
or similar related activities, where such activities are incidental to research,
development or evaluation. Examples of “research and development” uses
include, but are not limited to, computer software and hardware firms,
computer peripherals and related products, electronic research firms,
biotechnical and biomedical firms, instrument analysis, genomics, robotics and
pharmaceutical research laboratories, and related educational development.
Research and development may include the storage or use of hazardous
materials in excess of the exempt quantities listed in Title 15 of the Municipal
Code, or etiological (biological) agents up to and including Risk Group 3 or Bio
Safety Level 3 classifications as defined by the National Institute of Health (NIH)
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or the Center for Disease Control (CDC). Higher classification levels of etiological
(biological) agents are not allowed without express permission of the City
Manager, Fire Chief, and Police Chief.
Related administrative uses such as finance, legal, human resources,
management, marketing, sales, accounting, purchasing, or corporate offices;
provisions of services to others on or off-site; and related educational uses may
also be included provided they remain primarily supportive of the primary uses
of “research and development” and are part of the same research and
development firm.
(2)Retail service or Retail-like uses, except Hotels, Theaters, Commercial
nurseries, Auto dealerships, and liquor stores.
(3)Multiple-family residential.
(4)Public facilities, including display of interpretive materials regarding the
history of the historic cannery building and use.
(b)The following land uses shall be conditionally permitted, subject to the limitations
stated in Section 4(c):
(1)Retail service or Retail-like uses excluded in Section 4(a)(2).
(c)Special limitations on land uses include the following:
(1)A maximum of 140,174 square feet may be devoted to Research and
Development (excluding an approximately 10,000 square foot exterior,
covered area on the southwest corner of the building (“Covered Area”),
which is currently used as an entry and outdoor seating area, parking, and
screened storage, as depicted in Exhibit B. The Covered Area may remain in
such use by the existing tenant as of the date of this Ordinance. Following
termination of tenancy by the existing tenant, the Covered Area shall be
converted such that it no longer meets the City’s then-existing definition of
“Floor Area.”).
(2)The Retail Area may be occupied by Retail or Retail-like uses per Section 4
(a) and (b), above, or Public Facility uses only and shall be subject to a
recordable covenant governing public access to the historic interpretive
materials provided onsite pursuant to the terms of the Development
Agreement.
//
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SECTION 5. Site Development Regulations and Development Schedule
(a)Development Standards:
Development standards for the Subject Property shall be those as set forth in the Project
Plans.
(b)Historic Maintenance Covenant:
As provided in the Development Agreement, the Owner shall record a historic
maintenance covenant, in a form acceptable to the City Attorney, to ensure maintenance of the
Remaining Cannery in accordance with the Project Plans.
(c)Parking and Loading Requirements:
The Owner shall provide parking and loading as set forth in the Project Plans. The parking
requirements are adopted in consideration of a Transportation Demand Management (TDM)
Plan, which is attached hereto and incorporated herein by reference.
(d)Modifications to the Development Plan, Land Uses and Site Development
Regulations:
Once the project has been constructed consistent with the approved Development Plan,
any modifications to the exterior design of the Development Plan or any new construction not
specifically permitted by the Development Plan or the site development regulations contained in
Section 5 (a) – (c) above shall require an amendment to this Planned Community zone, except as
provided in the recorded Historic Maintenance Covenant and/or Project Plans. Any use not
specifically permitted by this ordinance shall require an amendment to the PC ordinance.
(e)Development Schedule:
The project is required to include a Development Schedule pursuant to PAMC §18.38.100.
The approved Development Schedule is set forth in the Development Agreement.
SECTION 6. Public Benefits.
(a)Public Benefits
Development of the Project Site under the provisions of the Development Agreement and
PC Planned Community District will result in public benefits not otherwise attainable by
application of the regulations of general districts or combining districts. The public benefits are
provided by the Project as a whole and set forth in the Development Agreement.
(b)Monitoring of Conditions and Public Benefits:
Not later than three (3) years following expiration of the Development Agreement and
every three (3) years thereafter, the Owner shall request that the City review the for
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compliance with the PC district regulations and the conditions of the ordinance under which
the district was created, as applicable only to the Subject Property. The applicant shall provide
adequate funding to reimburse the City for these costs. If conditions or benefits are found
deficient by staff, the applicant shall correct such conditions in not more than 90 days from
notice by the City. If correction is not made within the prescribed timeframe, the Director of
Planning and Community Environment will schedule review of the project before the Planning
and Transportation Commission and Council to determine appropriate remedies, fines or other
actions.
SECTION 7. Environmental Review
An EIR for the Project was prepared in accordance with the California Environmental
Quality Act. The City Council adopted Resolution No. 10123 certifying the adequacy of the EIR.
SECTION 8. Effective Date
This ordinance shall be effective on the thirty-first day after the date of its adoption
(second reading).
INTRODUCED: September 12, 2023
PASSED: October 2, 2023
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
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Exhibit A: Subject Property Plat and Legal Description
Exhibit B: Covered Area
DocuSign Envelope ID: 07E8FB9A-02B6-498F-9C84-622B6783F2C7
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NOPARKINGNOPARKING EVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLY EVCHARGINGONLY
VAN EVCHARGINGONLYNOPARKING
NOPARKINGNOPARKING
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PORTAGE AVENUE
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ASH STREET
BIRCH STREET
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DR. BY
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DATE
SHEET NO.
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Phone: (408) 727-6665
www.kierwright.com
PORTAGE AVENUE - LOT 3
PALO ALTO CALIFORNIA
10/4/2023
N/A
MC
A10128-7
3 5
LOT 1LOT 3
LOT 4 LOT 2
LOT 5
Exhibit A: Plat and Legal
Description
DocuSign Envelope ID: 07E8FB9A-02B6-498F-9C84-622B6783F2C7
[Planning Director to fill in blanks Following Recordation of the Final Map for the Property]
LEGAL DESCRIPTION
PROPOSED DEVELOPMENT LOT
LOT 3:
ALL OF LOT 3, AS SHOWN ON THAT MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER
OF THE COUNTY OF SANTA CLARA. STATE OF CALIFORNIA, ON _______________________, IN
BOOK _______OF MAPS, PAGES _________ SANTA CLARA COUNTY RECORDS.
DocuSign Envelope ID: 07E8FB9A-02B6-498F-9C84-622B6783F2C7
NOPARKING
UP SLO
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1
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380 PORTAGE AVENUE
268'-7"
38
'
-
1
"
COVERED/FENCED AREA
+/- 10,186 SF
SCALE:
EXISTING PARTIAL SITE PLAN
1/8" = 1'-0"
PROJECT NO:
DATE
Phoenix, AZ 85028 602.953.2988
2960 East Northern Avenue, Building C
ARCHITECTURAL TECHNOLOGIES
San Jose, CA 95110 408.496.0676
1731 Technology Drive, Suite 750
California
Arizona
www.arctecinc.com A New Project For:
380 PORTAGE AVENUE
Palo Alto, CA 94306
215273
05.01.2023
SK-01
Exhibit B: Covered Area
DocuSign Envelope ID: 07E8FB9A-02B6-498F-9C84-622B6783F2C7
Certificate Of Completion
Envelope Id: 07E8FB9A02B6498F9C84622B6783F2C7 Status: Completed
Subject: DocuSign: Ordinance 5596 - Cannery
Source Envelope:
Document Pages: 10 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
11/7/2023 9:30:14 AM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
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Albert Yang
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Assistant City Attorney
City of Palo Alto
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Jonathan Lait
Jonathan.Lait@CityofPaloAlto.org
Interim Director Planning and Community
Environment
City of Palo Alto
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Ed Shikada
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Ed Shikada
City of Palo Alto
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Lydia Kou
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Council Member
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Mahealani Ah Yun
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Interim City Clerk
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