HomeMy WebLinkAboutOrdinance 5598ASH BUILDING
0160114_20230823_ay16 1
Ordinance No. 5598
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 3201‐3225 Ash Street from Multiple Family Residential (RM‐
30)to PC Planned Community Zone (PC‐5598) for the Maintenance of an
Existing Office Building in Association with a Development Agreement.
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 t he rights and
obligations of the parties stated in the Development Agreement nor extend it s applicability to
the Subject Property beyond the terms stated in the Development Agreement.
(c) The Tentative Map and Final 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 includes information 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 are 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 3201‐3225 Ash Street (the “Subject
Property”) as depicted and legally described on Exhibit A.
DocuSign Envelope ID: 44F7922C-129E-44FF-BCCA-60379B868D55
0160114_20230823_ay16 2
ASH BUILDING
(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‐5598.
(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 a nd 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 Architectura l
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.
DocuSign Envelope ID: 44F7922C-129E-44FF-BCCA-60379B868D55
0160114_20230823_ay16 3
ASH BUILDING
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 5598”.
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)Retention of the existing building at 3201‐3225 Ash Street.
SECTION 4. Land Uses
(a)The following land uses shall be permitted, subject to the limitations stated in
Section 4(c):
(1)Those uses permitted in the Research, Office and Limited Manufacturing
(ROLM) District on the effective date of this ordinance, except
manufacturing uses, subject to the regulations contained in Title 18 of
the Palo Alto Municipal Code.
(2)Multiple‐family residential.
(b)The following land uses shall be conditionally permitted:
(1)Those uses conditionally permitted in ROLM District on the effective date
of this ordinance.
(c)Special limitations on land uses include the following:
(1)A maximum of 4,707 square feet of the existing building may be devoted
to uses permitted or conditionally permitted in the ROLM District,
expressly including general office uses.
SECTION 5. Site Development Regulations and Development Schedule
(a)Development Standards:
Development standards for the Subject Property shall be those conforming to the 4,707
square foot building 3201‐3225 Ash Street existing as of the effective date of this ordinance,
except that the development standards for a multiple‐family residential use shall be those
applicable to the RM‐30 zone district.
DocuSign Envelope ID: 44F7922C-129E-44FF-BCCA-60379B868D55
ASH BUILDING
0160114_20230823_ay16 4
(b)Parking and Loading Requirements:
The Owner shall provide parking and loading as required by the Project Plans. The parking
requirements are adopted in consideration of a Transportation Demand Management (TDM)
Plan, which is incorporated herein by reference and a recorded off‐site parking covenant will be
required with the City as a third‐party beneficiary.
(c)Modifications to the Development Plan, Land Uses and Site Development
Regulations:
The Development Plan does not contemplate any new construction on the Subject
Property except as provided the Project Plans. 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) – (b) above shall require an
amendment to this Planned Community zone. Any use not specifically permitted by this
ordinance shall require an amendment to the PC ordinance.
(d)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 and Monitoring
(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 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.
//
//
DocuSign Envelope ID: 44F7922C-129E-44FF-BCCA-60379B868D55
ASH BUILDING
0160114_20230823_ay16 5
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
DocuSign Envelope ID: 44F7922C-129E-44FF-BCCA-60379B868D55
ASH BUILDING
0160114_20230823_ay16 6
Exhibit A: Subject Property Plat and Legal Description
DocuSign Envelope ID: 44F7922C-129E-44FF-BCCA-60379B868D55
EVCHARGINGONLYEVCHARGINGONLY
EVCHARGINGONLYEVCHARGINGONLY
NOPARKING EVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLY
EVCHARGINGONLY
EVCHARGINGONLYEVCHARGINGONLY
EVCHARGINGONLY
EVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLY
EVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLY
EVCHARGINGONLY EVCHARGINGONLY
EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY
EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLYEVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLYEVCHARGINGONLY EVCHARGINGONLY EVCHARGINGONLY
NOPARKINGNOPARKING EVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLY EVCHARGINGONLY
VAN EVCHARGINGONLYNOPARKING
NOPARKINGNOPARKING
PA
R
K
B
O
U
L
E
V
A
R
D
LAMBERT AVENUE
AS
H
S
T
R
E
E
T
AL
L
E
Y
OLIVE AVENUE
PORTAGE AVENUE
MATADE
R
O
C
R
E
E
K
ACACIA AVENUE
ASH STREET
BIRCH STREET
N
O
R
T
H
OF
JOB
DR. BY
SCALE
DATE
SHEET NO.
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Phone: (408) 727-6665
www.kierwright.com
PORTAGE AVENUE - LOT 4
PALO ALTO CALIFORNIA
10/4/2023
N/A
MC
A10128-7
4 5
LOT 1LOT 3
LOT 4 LOT 2
LOT 5
Exhibit A: Plat and Legal
Description
DocuSign Envelope ID: 44F7922C-129E-44FF-BCCA-60379B868D55
[Planning Director to fill in blanks Following Recordation of the Final Map for the Property.]
LEGAL DESCRIPTION
PROPOSED DEVELOPMENT LOT
LOT 4:
ALL OF LOT 4, 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: 44F7922C-129E-44FF-BCCA-60379B868D55
Certificate Of Completion
Envelope Id: 44F7922C129E44FFBCCA60379B868D55 Status: Completed
Subject: DocuSign: Ordinance 5598 - Ash Building
Source Envelope:
Document Pages: 8 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 9:46:57 AM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Albert Yang
Albert.Yang@CityofPaloAlto.org
Assistant City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.113.134.194
Sent: 11/7/2023 9:49:46 AM
Viewed: 11/7/2023 11:01:27 AM
Signed: 11/7/2023 11:01:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jonathan Lait
Jonathan.Lait@CityofPaloAlto.org
Interim Director Planning and Community
Environment
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 99.88.42.180
Sent: 11/7/2023 11:01:45 AM
Viewed: 11/17/2023 12:43:12 PM
Signed: 11/17/2023 12:43:16 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 11/17/2023 12:43:17 PM
Viewed: 11/17/2023 4:21:57 PM
Signed: 11/17/2023 4:22:02 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lydia Kou
Lydia.kou@cityofpaloalto.org
Council Member
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 50.204.42.240
Sent: 11/17/2023 4:22:04 PM
Viewed: 11/18/2023 8:23:13 AM
Signed: 11/18/2023 8:23:46 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
Interim City Clerk
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 98.51.1.158
Sent: 11/18/2023 8:23:48 AM
Viewed: 11/18/2023 5:19:44 PM
Signed: 11/18/2023 5:19:58 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/7/2023 9:49:46 AM
Certified Delivered Security Checked 11/18/2023 5:19:44 PM
Signing Complete Security Checked 11/18/2023 5:19:58 PM
Completed Security Checked 11/18/2023 5:19:58 PM
Payment Events Status Timestamps