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HomeMy WebLinkAboutOrdinance 56201 0001_20240124_ca29 Ordinance No. 5620 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 Rezone the Property at 2901- 2905 Middlefield Road from Planned Community Ordinance 2343 (PC-2343) to Planned Community Ordinance 5620 (PC-5620). The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. (a)On February 2, 2023, RLD Land LLC (“Dewey”) and Handa Developer’s Group/RRP (“Handa”) applied to amend Planned Community Ordinance 2343 (“PC-2343”) to apply solely to the property at 2901-2905 Middlefield Road, APN 127-35-194, (“Middlefield Parcel”) and rezone the property at 702 Ellsworth Place, APN 127-35-152, (“Ellsworth Parcel”) from Planned Community to Single Family Residential (R-1). (b)At a March 13, 2023 study session, the City Council considered the prescreening application and indicated the project applicants should proceed with a formal PC rezoning application to the Planning and Transportation Commission for a recommendation. (c)On June 28, 2023, July 12, 2023, and August 9, 2023 the Palo Alto Planning and Transportation Commission (“PTC”) held a series of public hearings to consider the application. The PTC recommended that PC-2343 be amended to remove the Ellsworth Parcel and to adopt two new PC ordinances to govern the Middlefield Parcel and Ellsworth Parcel, respectively, along with a corresponding amendment to Section 18.08.040 of the Palo Alto Municipal Code (Zoning Map). (d)The amendment recommended by the PTC would reduce the area of the Planned Community PC 2343 from approximately 26,386 square feet to approximately 19,893 square feet to encompass 2901-2905 Middlefield Road, a 12-unit apartment building currently owned by Dewey, and amend the development plan for the PC to: (i)restripe the tenant parking facility to assign four uncovered parking spaces to meet current code requirements for tenant parking spaces, (ii)provide a truck delivery space, (iii)maintain trash enclosure and pickup from Sutter Avenue, (iv)the 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by plants, fences, or other objects taller than 1 foot, (v)add a 3’6”-wide swath of paving alongside Ellsworth Place beginning at the Middlefield Road. (e)The PTC recommended concurrent adoption of a companion ordinance DocuSign Envelope ID: 9D0B99FE-95C1-45B7-ACE1-51879434D82A 2 0001_20240124_ca29 (Ordinance No. 5621) to designate the remaining approximately 6,493 square foot parcel currently owned by Handa at 702 Ellsworth as PC, for the purpose of constructing a single-story, single-family residence. (f) The City Council held public hearings on September 18, 2023, December 11, 2023, and March 4, 2024 to consider the PTC’s recommendation and additional public input, and made further amendments to those recommendations regarding the width of Ellsworth Place, parking and loading requirements, and the sight triangle at the northeast corner of the intersection of Ellsworth Place and Middlefield Road, as set forth below. (g)The Council, after due consideration of the PTC’s recommendations, finds: (i)The site is so situated and the uses proposed for the site are of such characteristics that the application of general districts or combining zoning districts will not provide sufficient flexibility to allow the proposed development; the City's conventional zoning district RM20 would not permit the existing 12 unit structure on the proposed 0.46 acre site. (ii)Amendment to the existing Planned Community PC-2343 will provide public benefits expected to result from the Project, including expanded ingress and egress for the existing residences on Ellsworth Place through additional easements, that, when combined, would result in a 26-foot wide non-exclusive asphalt easement over a distance of approximately 100 feet extending from Middlefield Road eastward along Ellsworth Place, and the construction of an additional dwelling unit. (iii)The Council further finds that the Project provides public benefits, as described above, that are of sufficient importance to make the Project, as a whole, one with reasonable public benefit. (iv)The existing use and improvements are generally remaining unchanged and are compatible with existing and potential uses on adjoining sites or within the general vicinity. (v)The use permitted and the site development regulations are consistent with the following Palo Alto Comprehensive Plan policies and are, on balance, consistent with the goals and purposes of the Comprehensive Plan: Policy L-1.1 Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern. Policy L-1.2 Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts. Policy L-1.3 Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures. Policy L-1.4 Avoid negative impacts of basement construction for single-family homes on adjacent properties, public resources, and the natural environment. DocuSign Envelope ID: 9D0B99FE-95C1-45B7-ACE1-51879434D82A 3 0001_20240124_ca29 Policy L-1.5 Design buildings to complement streets and public spaces; to promote personal safety, public health and well-being; and to enhance a sense of community safety. Policy L-1.6 Discourage the use of fences that obscure the view of the front of houses from the street. The use and improvements on the site are remaining unchanged from existing conditions, which are compatible with existing and potential uses on adjoining sites. SECTION 2. Amendment of Zoning Map. Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended to rezone the certain property known as 2901-2905 Middlefield Road from PC-2343 to "PC- 5620.” The subject property and revised zoning designation is shown on the map labeled Exhibit "1," attached hereto and incorporated herein by reference. SECTION 3. Development Plan. Those certain plans entitled 2901-2905 Middlefield PC Ordinance Site Plan, a copy of which is attached hereto as Exhibit “2” and incorporated herein, are hereby approved as the Development Plan for the subject property. SECTION 4. Uses. (a) Permitted Uses. The permitted uses within the PC boundary shall be limited to a 12-unit apartment building: The existing apartment building shall remain on the 2901-2905 Middlefield site within the PC boundary. Covered and uncovered parking for the tenants shall be provided in accordance with Section 5(b) of this ordinance. SECTION 5. Site Development Regulations. (a) Compliance with Development Plan . All improvements and development shall be substantially in accordance with the Development Plan, except as modified herein and as depicted on Exhibit 1 attached hereto. (i) A 42-inch-wide swath of asphalt pavement shall be created alongside the northern edge of Ellsworth Place beginning at the Middlefield Road curb line and extending eastward approximately 100 feet to increase the width of Ellsworth Place. (ii) This additional paved area shall remain clear of obstructions. (iii) Prior to final inspection of any improvements on the site, property owner shall prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place. (iv) Any exterior changes to the apartment building or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone or, if DocuSign Envelope ID: 9D0B99FE-95C1-45B7-ACE1-51879434D82A 4 0001_20240124_ca29 eligible, Architectural Review approval under Section 18.76 of the Palo Alto Municipal Code, as it is amended from time to time. (vi)The 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by new plants, fences, or other objects taller than 1 foot. (vii)The property owner shall maintain vegetation at a height of 1 foot or less in the planter strip between the Middlefield Road curb and sidewalk. (b) Parking and Loading Requirements. (i) One covered parking space shall be provided for each of the 12 residential apartments. In addition, four uncovered spaces and a truck delivery space shall be provided on the 2901-2905 Middlefield property, accessible from Ellsworth Place, as shown on the Development Plan. (ii) Property owner may remove parking space #16 at the discretion of the Director of Planning and Development Services. (iii) Property owner shall restripe the existing parking facility to assign three uncovered parking spaces to meet current code requirements for tenant parking. (iv) Property owner shall provide a 30’ by 10’ temporary loading and delivery area on Ellsworth Place adjacent to the existing apartment building. Property owner shall relocate the existing communications utility pole and guy wires and install any improvements as required by the Director of Utilities and the Director of Planning and Development Services to comply with parking design and safety standards. (v)Property owner shall be responsible for all costs associated with fulfilling the requirements of this paragraph, provided further that the City shall cover 50% of the costs to relocate the communications utility pole and guy wires. (vi) Prior to final inspection of any improvements on the site, property owner shall prepare and record public utilities easement for the relocated communications utility pole and guy wires. (c)Trash Enclosures and Pickup. Trash enclosures and pickup shall be maintained with access from Sutter Avenue, and not from Ellsworth Place. (d) Development Schedule. The parking lot restriping on 2901-2905 Middlefield Road shall be immediately implemented upon the effective date of this ordinance. Construction of the improvements to the Middlefield Parcel shall be completed within twelve (12) months of the effective date of this ordinance. (e) Minor Variations in Project. Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(E) for architectural review. “Minor” changes do not include changes in land use. SECTION 6. The City Council finds that this ordinance is categorically exempt from review DocuSign Envelope ID: 9D0B99FE-95C1-45B7-ACE1-51879434D82A 5 0001_20240124_ca29 under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) because it can be seen with certainty that minor changes to the parking configuration at 2901- 2905 Middlefield Road and construction of a single-family home pursuant to Ordinance No. XXXX will not result in a significant impact on the environment. The City Council finds that this ordinance is additional categorically exempt under Section 15301 of the CEQA Guidelines, as it involves only minor alterations to existing facilities. SECTION 7. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Chief Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services December 11, 2023 March 4, 2024 BURT, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER KOU DocuSign Envelope ID: 9D0B99FE-95C1-45B7-ACE1-51879434D82A Middle f i e l d R o a d Sutter A v e n u e Ellsw o r t h P l a c e ( P r i v a t e ) R-1 R-1 RM-30 (L) RM-30 PF RM-20 RM-30 Middlefield PC CN (R) PC-2197 R-2 Ellsworth PC R-1 R-1 PC-2343 PF RM-20 RM-30 PC-2197 R-2 CN (R) Middl e f i e l d R o a d Ellsw o r t h P l a c e ( P r i v a t e ) Sutter A v e n u e This map is a product of City of Palo Alto GISExisting & Proposed Zoning Districts for 2901-2905 Middlefield & 702 Ellsworth Project SiteZoning DistrictsAssessor Parcels [0 30 6015 Feet Existing Proposed Rev. March 26, 2024 127-35-194 127-35-194 127-35-152 127-35-152 RM-30 RM-30 (L) Exhibit 1 DocuSign Envelope ID: 9D0B99FE-95C1-45B7-ACE1-51879434D82A 02.28.2 A2.5 HAYES GROUP ARCHITECTS, INC. 2657 SPRING STREET REDWOOD CITY, CA 94063 P: 650.365.0600F: 650.365.0670www.thehayesgroup.com DRAWING CONTENT DRAWING NUMBER All drawings and written materials containedherein constitute the original & unpublishedwork of the Architect and the same may notbe duplicated, used or disclosed without the written consent of the Architect.© Hayes Group Architects, Inc. DRAWN BY: SCALE: JOB NUMBER: STAMP ISSUANCE: PROJECT ADDRESS: 2901-2905 Middlefield PC Ordinance Site plan AS NOTED 2202.00 LB Da t e : 1 / 1 0 / 2 4 File N a m e : E l l s w o r t h H o u s e _ B I M _ A R C H NO. DESCRIPTION: DATE: PTC SUBMITTAL 07.26.2023 2901 CITY COUNCILMODIFICATIONS 12.14.2023 PROPOSEDPC ORDINANCE 01.08.2023 PP N49 ° 2 0 ' 0 0 " E 8 6 . 0 8 ' N52°00'00"W 130.67' S47°12'00" W 1 0 1 . 30' S52°00'00"E 117.11'(T) 80.67'50.00' 44.50' 3'-6" (N) NONEXCLUSIVEINGRESS/EGRESS EASEMENT/ASPHALT PAVING 26'-0"(N) DRIVEWAY APRONPER CITY STANDARD LOTA 127-35-194 LOT B 127-35-152 702 ELLSWORTH FR O N T Y AR D (E)4 COVERED PARKINGSPACES (E) 8 COVEREDPARKING SPACES 13 14 15 MA T A D E R O C A N A L BL D G. BLDG.BLDG. (E) TRASHAREA TANDEM (N) PARKINGSPACE TYP. (E) AC PAVING EXISTINGLANDSCAPING CABLE BOXRELOCATED B.O. SIDEWALK 16 2901-2905 MIDDLEFIELD AVE. LOT B 127-35-152 702 ELLSWORTH PLACE LOT B 127-35-152 702 ELLSWORTH PLACE N52°00'00"W 229.20'(T)50.00'78.28'44.50' S38°0 0 '00"W 1 09. 8 7' S38 ° 0 0 ' 0 0 " W 1 0 9 .87' 100 . 00' 56.42' 72.61' PP FRONTYAYY RD 13 (E) TRASHAREA TATTNDEM EXISTINGLANDSCAPING 16 15 (N) PAPPRKINGSPAPPCETYP. 14 (E)4COVERED PAPPRKINGSPAPPCES BLDG. LOTA 127-35-194 BLDG. BLDG. (E) 8 COVEREDPAPPRKING SPAPPCES 2901-29905 MIIDDLEFIELDDAVAAE. N52°00'00"WWWW 229.22220'(T)50.00'78.28'44.50' S38°00'00"W109.87' S38°00'00"W109.87' 100.00' 4'-6" 20'-0"(E)INGRESS/EGRESSEASEMENT SU T T E R A V E N U E MIDDLEFIELD ROAD EL L S W O R T H P L A C E GAS METERS BOLLARDS STANDARD CITYREQUIRED35' SITETRIANGLE TYP. (N) COMMUNICATIONPOLE AND GUY WIRE.10'X30' TEMPORARYDELIVERY AND UNLOADING SPACEMARKED IN PAINT ON THE ASPHALT. SCALE 3/32" = 1'-0" 2901-2905 MIDDLEFIELD PC ORDINANCE SITE PLAN 1 2901-2905 MIDDLEFIELD ROAD PALO ALTO CA, 94306 01.10.2024 N S38 °00'00"W 1 00.00' Exhibit 2DocuSign Envelope ID: 9D0B99FE-95C1-45B7-ACE1-51879434D82A Certificate Of Completion Envelope Id: 9D0B99FE95C145B7ACE151879434D82A Status: Completed Subject: DocuSign: Ordinance 5620 - 2901-2905 Middlefield Road Source Envelope: Document Pages: 7 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 4/4/2024 5:07:51 PM 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 Caio Arellano Caio.Arellano@CityofPaloAlto.org Chief Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 4/4/2024 5:12:45 PM Viewed: 4/5/2024 9:12:23 AM Signed: 4/5/2024 9:12:35 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Director, Planning and Development Services City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 99.88.42.180 Sent: 4/5/2024 9:12:37 AM Viewed: 4/5/2024 11:58:31 AM Signed: 4/5/2024 11:58:41 AM 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: 4/5/2024 11:58:43 AM Viewed: 4/5/2024 4:25:51 PM Signed: 4/5/2024 4:25:56 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Greer Stone greer.stone@cityofpaloalto.org Vice Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 152.165.126.135 Sent: 4/5/2024 4:25:57 PM Viewed: 4/8/2024 6:53:44 PM Signed: 4/8/2024 6:53:58 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 4/8/2024 6:54:00 PM Viewed: 4/8/2024 6:58:02 PM Signed: 4/8/2024 6:58:10 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 4/4/2024 5:12:45 PM Certified Delivered Security Checked 4/8/2024 6:58:02 PM Signing Complete Security Checked 4/8/2024 6:58:10 PM Completed Security Checked 4/8/2024 6:58:10 PM Payment Events Status Timestamps