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Home My WebLink AboutRESO 101241 0160110_20230822_ay16 Resolution No. 10124 Resolution of the Council of the City of Palo Alto Amending the Comprehensive Plan Land Use Map by Changing the Land Use Designation for 200-404 Portage Avenue, 3201-3225 Ash Street, and 3250 Park Boulevard from “Multi-family Residential” (MF) to “Mixed Use”; changing the land use designation for 3040 Park from “Light Industrial” (LI) to “Mixed use”; changing the land use designation of the newly created City dedication parcel area from MF and CS to Mixed Use; changing the land use designation of the vacant parcel at APN 132-32-037 from single-family residential to Mixed Use; and amending the Comprehensive Plan Land Use and Design Element Text to amend the description of the Mixed Use land use designation. R E C I T A L S A.Although the cannery building at 200-404 Portage; the Ash building at 3201-3225 Ash Street, and the Audi building at 3250 Park Boulevard have historically and currently occupied the space with non- residential uses, the site currently has a Multi-family Residential Land Use Designation, as well as a small portion with a Single-family Residential Land Use Designation. B.To better align the Comprehensive Plan Land Use Map with the past, present, and future uses of the site as set forth in the Development Agreement, the property owner, Sobrato Organization (“Sobrato”), desires to amend the Land Use Designation of these parcels. C.To better align the Comprehensive Plan Land Use Map with the future use of the site as set forth in the Development Agreement, Sobrato desires to amend the land use designation of the parcel at 3040 Portage to Mixed Use. D.To better align the Comprehensive Plan Land Use Map with the future use of the site for a park and affordable housing as set forth in the Development Agreement adopted concurrently herewith, the City desires to amend the Land Use Designation of the City dedication parcel to Mixed Use. E.Because the project includes merging and subdividing adjacent parcels such that the proposed townhomes would be dedicated to their own parcel, the resulting Townhome Parcel would not provide a minimum of 0.15 commercial floor area ratio identified in the Mixed Use land use designation description in the Land Use and Community Design Element. F.To permit a fully residential use in the Mixed Use land use designation, the Comprehensive Plan Land Use and Community Design Element would be amended as set forth below in Section 4. G.Whereas the Planning and Transportation Commission, after a duly noticed public hearing on July 12, 2023 and continued to July 26, 2023, recommended that the City Council amend the Land Use Map of the City of Palo Alto Comprehensive Plan as set forth below. H.Whereas the City Council considered said recommendation after a duly noticed public hearing held on September 12, 2023 and now desires to amend the Land Use Map and Comprehensive Plan Land Use and Design Element as set forth below. DocuSign Envelope ID: 60DA4367-5DA6-49FE-BD6C-D59E913452F8 2 0160110_20230822_ay16 NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City Council finds that the public interest, health, safety and welfare of Palo Alto and the surrounding region would be furthered by an amendment of the Land Use Map of the Palo Alto Comprehensive Plan as well as a Text Amendment to the Land Use and Community Design Element. SECTION 2. The proposed Land Use Map amendment and Land Use and Community Design Text Amendments is consistent with the Comprehensive Plan as a whole; in particular, it furthers the following goals and policies of the Comprehensive Plan: Policy L-1.1: Maintain and prioritize Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. The proposed amendments would allow for implementation of the development agreement, which provides additional housing types within the area (market rate townhomes and a future affordable housing project); maintains the existing commercial uses; and provides for new public facilities (a 2.25- acre public park). Policy L-1.3: 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. The proposed amendments would allow for implementation of the development agreement, which provides a mix of new housing, a public park, and retention of commercial uses within existing single-story buildings. Policy L-1.4: Commit to creating an inventory of below market rate housing for purchase and rental. Work with neighbors, neighborhood associations, property owners and developers to identify barriers to infill development of below market rate and more affordable market rate housing and to remove these barriers, as appropriate. Work with these same stakeholders to identify sites and facilitate opportunities for below market rate housing and housing that is affordable. The proposed amendments would allow for implementation of the development agreement. Although the development agreement does not proposed construction of the affordable housing units; the project dedicates 1-acre of land and $4 million in funds to support the development of an affordable housing project, removing barriers to providing additional below market rate units. Policy L-1.5: Regulate land uses in Palo Alto according to the land use definitions in this Element and Map L-6 The proposed amendments ensure compliance with this policy and modify the land use map to align with past, current, and future uses of the site in order to address current inconsistencies between the map and existing uses and to facilitate housing and a public park as the future use on a portion of the site Policy L-1.6: Encourage land uses that address the needs of the community and manage change and development to benefit the community. The proposed amendments provide a plan for the site that takes into consideration the needs of the community for additional housing and parkland; while providing a solution that the property owner is amenable to. Policy L-2.2: Enhance connections between commercial and mixed-use centers and the surrounding residential neighborhoods by The amendments allow for implementation of the development agreement. The development agreement would provide public access and an DocuSign Envelope ID: 60DA4367-5DA6-49FE-BD6C-D59E913452F8 3 0160110_20230822_ay16 promoting walkable and bikeable connections and a diverse range of retail and services that caters to the daily needs of residents. enhanced bikeway from Park Boulevard to Portage Avenue, consistent with the Countywide Trails Plan and the City of Palo Alto Bicycle and Pedestrian Transportation Plan. Policy L-2.3: As a key component of a diverse, inclusive community, allow and encourage a mix of housing types and sizes, integrated into neighborhoods and designed for greater affordability, particularly smaller housing types, such as studios, co-housing, cottages, clustered housing, accessory dwelling units and senior housing The project provides a mix of housing types including townhome units as well as the land and funds toward development of affordable housing. Policy L-2.6: Create opportunities for new mixed-use development consisting of housing and retail. The land use map amendments would allow for a mix of uses across this site including existing commercial uses, proposed housing, and a public park. Policy L-2.9: Facilitate reuse of existing buildings. Although other alternatives may include retention of more of the building, the proposed amendments would facilitate implementation of the development agreement, which includes retention of the Ash and Audi buildings as well as a portion of the cannery building. Policy L-8.1: Facilitate creation of new parkland to serve Palo Alto's residential neighborhoods, as consistent with the Parks, Trails, Open Space and Recreation Master Plan. The land use map amendments would allow for implementation of the development agreement, which would include dedication of 2.25 acres of new parkland to the City of Palo Alto. Although no improvements are currently proposed on the city dedication parcel, an additional $1 in funding would be provided to the City to facilitate improvements along Matadero Creek, which may include naturalization of the creek bank and/or pedestrian or bicycle pathways connecting to Lambert and new improvements at Boulware Park. Policy N-1.2: Maintain a network of parks and urban forest from the urban center to the foothills and Baylands that provide ecological benefits and access to nature for all residents Policy N-1.10: Support regional and sub- regional efforts to acquire, develop, operate, and maintain a seamless open space system, including habitat linkages and trail connections extending north-south and east- west from Skyline Ridge to San Francisco Bay. Policy N-1.11: Work with Stanford University, Santa Clara County, SCVWD and regional organizations to create multi-use trail connections between urban areas and open space, including creeks and rights-of-way, while ensuring that the natural environment is protected. SECTION 3. The City Council hereby amends the Land Use Map of the Palo Alto Comprehensive Plan by changing the designation of the areas depicted in "Exhibit A" by changing the Land Use Designation for 200-340/380 Portage Avenue, 3201-3225 Ash Street, and 3250 Park Boulevard from “Multi-family DocuSign Envelope ID: 60DA4367-5DA6-49FE-BD6C-D59E913452F8 4 0160110_20230822_ay16 Residential” (MF) and APN 132-32-037 from single-family residential to “Mixed Use”; changing the land use designation for 3040 Park from “Light Industrial” (LI) to “Mixed Use”; and changing the land use designation of the newly created City dedication parcel area from MF and CS to Mixed Use. "Exhibit A" is attached to this resolution and incorporated into it by this reference, the exact boundaries of which are further detailed in the Vesting Tentative Map dated August 2023 and approved by Council on June 12, 2023. SECTION 4. The City Council hereby amends the Mixed Use land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows: “Mixed Use. The Mixed Use designation is intended to promote pedestrian-oriented places that layer compatible land uses, public amenities and utilities together at various scales and intensities. The designation allows for multiple functions within the same building or adjacent to one another in the same general vicinity to foster a mix of uses that encourages people to live, work, play and shop in close proximity. Most typically, mixed-use developments have retail on the ground floor and residences above. This category includes Live/Work, Retail/Office, Residential/Retail and Residential/Office development. FARs will range up to 1.15, although development located along transit corridors or near multi-modal centers will range up to 2.0 FAR with up to 3.0 FAR possible where higher FAR would be an incentive to meet community goals such as providing affordable housing. The FAR above 1.15 must be used for residential purposes. FAR between 0.15 and 1.15 may be used for residential purposes. Up to 100% of FAR may be used for residential purposes in a Planned Community zone. As of the adoption of this Comprehensive Plan, the Mixed Use designation is currently only applied in the South of Forest Avenue (SOFA) area. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations. // // // // // // // // // // // DocuSign Envelope ID: 60DA4367-5DA6-49FE-BD6C-D59E913452F8 5 0160110_20230822_ay16 SECTION 5. In conformance with the California Environmental Quality Act (CEQA), the environmental impacts of this Resolution were evaluated in an Environmental Impact Report for the 200 Portage Townhome Project (EIR) (SCH# 2021120444), which the Council considered and adopted, together with the related Mitigation Monitoring and Reporting Plan (MMRP) on September 12, 2023. The EIR concluded, and the Council finds consistent therewith, that the proposed project, as part of the whole of the action in conjunction with this resolution, would have a have a significant effect on a historic resource. Therefore, overriding considerations have been adopted. INTRODUCED AND PASSED: September 12, 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: 60DA4367-5DA6-49FE-BD6C-D59E913452F8 6 0160110_20230822_ay16 Exhibit A: Existing and Proposed Comprehensive Plan Land Use Designations DocuSign Envelope ID: 60DA4367-5DA6-49FE-BD6C-D59E913452F8 Certificate Of Completion Envelope Id: 60DA43675DA649FEBD6CD59E913452F8 Status: Completed Subject: DocuSign: Resolution 10124 Source Envelope: Document Pages: 6 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 9/19/2023 6:26:58 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 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: 97.113.95.199 Sent: 9/25/2023 11:35:36 AM Viewed: 9/26/2023 3:41:05 PM Signed: 9/26/2023 3:41:23 PM 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: 9/26/2023 3:41:24 PM Viewed: 9/27/2023 5:15:28 PM Signed: 9/27/2023 5:15:38 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: 9/27/2023 5:15:39 PM Viewed: 9/27/2023 5:38:26 PM Signed: 9/27/2023 5:38:33 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: 98.207.160.72 Sent: 9/27/2023 5:38:34 PM Viewed: 9/27/2023 8:42:50 PM Signed: 9/27/2023 8:43:19 PM 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: 199.33.32.254 Sent: 9/27/2023 8:43:21 PM Viewed: 9/28/2023 9:29:34 AM Signed: 9/28/2023 9:29:46 AM 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 9/25/2023 11:35:36 AM Certified Delivered Security Checked 9/28/2023 9:29:34 AM Signing Complete Security Checked 9/28/2023 9:29:46 AM Completed Security Checked 9/28/2023 9:29:46 AM Payment Events Status Timestamps