HomeMy WebLinkAboutOrdinance 5600BMR/PARK DEDICATION
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Ordinance No. 5600
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 278 Lambert from Multiple Family Residential (RM-30) to PC Planned
Community Zone (PC-5600) for the Provision of a Park and
Construction of Affordable Housing 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 i nformational 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 and Final Ma p associated with t he Project, including
exceptions and conditions of approval, approved by R ecord of Land Use Act ion 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 dedica tion,
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, a pproved 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
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required public benefits applicable solely and exclusively for 278 Lambert (the “Subject
Property”), depicted and legally described on Exhibit A.
(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-5600.
(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 the 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 5600”.
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) Dedication of approximately 3.25 acres of land to the City for use as public park
and for the development of affordable housing.
SECTION 4. Land Uses
(a)The following land uses shall be permitted
(1)Public Facilities
(2)Multiple-Family Residential
SECTION 5. Site Development Regulations and Development Schedule
(a)Development Standards:
Approximately one acre of the Subject Property shall be utilized as the site for an
affordable housing project; approximately 2.25 acres of the Subject Property shall be utilized as
the site for a public park. The development standards for these uses shall be in conformance
with such plans that are approved by the City Council for the Subject Property.
(b)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 shall require an amendment to this Planned
Community zone in accordance with Palo Alto Municipal Code Chapter 18.38. Any use not
specifically permitted by this ordinance shall require an amendment to the PC ordinance.
(c)Development Schedule:
The development schedule for the Subject Property shall be in accordance with future
approvals for specific development plans.
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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
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.
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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
DocuSign Envelope ID: 110E1B46-ED8B-4F1B-B7BB-4BD5DCD393F1
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NOPARKINGNOPARKING EVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLYEVCHARGINGONLY EVCHARGINGONLY
VAN EVCHARGINGONLYNOPARKING
NOPARKINGNOPARKING
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DR. BY
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SHEET NO.
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Phone: (408) 727-6665
www.kierwright.com
PORTAGE AVENUE - LOT 2
PALO ALTO CALIFORNIA
10/4/2023
N/A
MC
A10128-7
2 5
LOT 1LOT 3
LOT 4 LOT 2
LOT 5
Exhibit A: Plat and Legal
Description
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[Planning Director to fill in blanks Following Recordation of the Final Map for the Property]
LEGAL DESCRIPTION
PROPOSED DEVELOPMENT LOT
LOT 2:
ALL OF LOT 2, 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: 110E1B46-ED8B-4F1B-B7BB-4BD5DCD393F1
Certificate Of Completion
Envelope Id: 110E1B46ED8B4F1BB7BB4BD5DCD393F1 Status: Completed
Subject: DocuSign: Ordinance 5600 - BMR/Park Dedication
Source Envelope:
Document Pages: 8 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
AutoNav: Enabled
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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 9:57:25 AM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
Location: DocuSign
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Albert Yang
Albert.Yang@CityofPaloAlto.org
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
Lydia.kou@cityofpaloalto.org
Council Member
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Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
Interim City Clerk
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