HomeMy WebLinkAbout1998-12-14 City Council (26)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL 8
CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
DECEMBER 14, 1998 CMR:459:98
579 VISTA AVENUE/4114 GOEBEL LANE (FILE NOS: 98-SUB-I;
98-EIA-1): APPLICATION OF JEFF LEVIN FOR APPROVAL OF A
FINAL MAP TO SUBDIVIDE A 41,253-SQUARE-FOOT PARCEL
INTO 12 RESIDENTIAL CONDOMINIUMS (TRACT NO. 9128)
RECOMMENDATION
Staff recommends that the City Council approve the fmal subdivision map for the property
located at 579 Vista Avenue/4114 Goebel Lane, including acceptance of the new street name
and acceptance of all offers of dedication.
PROJECT DESCRIPTION
The applicant has submitted an application for a final map to merge three underlying lots and
subdivide the resultant 41,253-square-foot parcel into 12 condominiums. Eleven of the
condominium buildings are single dwelling units with the twelfth consisting of two
residential units.
BACKGROUND
On October 5, 1998, the City Council approved the temative map for this subdivision. The
tentative map was approved with ten conditions (see Attachment), including a requirement
that any new name proposed for the private street be reviewed per Palo Alto’s Policy and
Procedures Manual and that provisions be made to comply with the Palo Alto Below Market
Rate (BMR) program.
DISCUSSION
The applicant has requested that the existing street (Goebel Lane) be renamed Wisteria Lane.
Both the Palo Alto Historical Society and the Palo Alto Communications Division have
reviewed the proposed name change in accordance with the Palo Alto street naming
procedures, and found it to be acceptable.
CMR:459:98 Page 1 of 3
As a part of the project, the applicant is required to provide 2.6 BMR units which will be
satisfied by providing two units and paying an in-lieu fee for the remainder. The applicant
proposes to have one BMR unit on-site and provide a second unit off-site. At the time of
the tentative map approval, the proposed off-site unit was not accepted and, therefore, a
condition (number 7, Attachment) was added that required the subdivider to designate a
second on-site unit that would be held until an off-site unit was accepted. The applicant has
designated one of the units for this purpose and this agreement has been incorporated into
the subdivision agreement for the fmal map..
All conditions of tentative map approval have therefore been met, including execution of the
subdivision improvement agreement between the City and the applicant. The fmal map has
been reviewed by the City Engineer and has been found to be in conformance with the
approved tentative map, the State of California Subdivision Map Act, and the Palo Alto
Municipal Code.
POLICY IMPLICATIONS
Action on this final map will have no impact on current City policy. The project was
reviewed for compliance with City policies and programs as part of the tentative map
approval process.
TIMELINE
Following City Council approval, the map will be recorded at the offices of the Santa Clara
County Clerk. After rec6rdation, the applicant may proceed with securing a building permit
for construction.
ENVIRONMENTAL REVIEW
A Negative Declaration was prepared and approved prior to the approval of the tentative map
and therefore no further environmental assessment is necessary. Approval of the Final Map
is a ministerial action under the California Environmental Quality Act, which requires no
environmental review.
ATTACHMENTS
Excerpt of City Council minutes from October 5, 1998 meeting (including tentative map.
conditions of approval)
Subdivision Agreement and Final Map (Council Members only)
PREPARED BY:Philip Dascombe, Associate Planner
CMR:459:98 Page 2 of 3
DEPARTMENT HEAD REVIEW:
G. EDWARD GA-WF ~
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
EMIL~ HARRISON "
Assistant City Manager
CC:Bud chor, Sandis Humber Jones, 605 Castro Street, PO Box 640, Mountain View,
CA 94042.
CMR:459:98 Page 3 of 3
Regular Meeting
October 5, 1998
The City Council of the City of Palo Alto met on this date in the
Council Chambers at 7:15 p.m.
PRESENT: Eakins, Fazzino, Huber, Kniss, ~Mossar, Ojakian, Rosenbaum,
Schneider, Wheeler
~CIAL ORDERS OF THE DAY
i. ~roclamations Recognizing City of Palo Alto Businesses
Ident~ied Among Joint Venture Silicon Valley’s Fastest Growing
Bus ine s~s
Proclamatio~qRecognizing Brio Technology, Inc. of Palo Alto as One
of the S ilic~Valley’s 50 Fastest Growing Businesses
P~amation RecOgnizing E* Trade Group, Inc. of PaloAlto as one
of the Silicon Val~y’s 50 Fastest Growing Businesses
Proclamation Recog.nizih~ Incyte Pharmaceuticals, Inc. of Palo Alto
oneof the Silicon ~Va~ey’s 50 Fastest Growing Businesses
......P~on Recognizing Om~ceii Te~hnoiogies, inc, of Palo Alto
as one. of the Silicon Valley’~0 Fastest Growing Businesses
Mayor Rosenbaum presented the pro~ations.
ORAL COMMUNICATIONS ~
M~dged that the Nati~al Pollution Prevention
m~ Alto Regional _W_ate~Quality Control Plant
(RWQCP) ~_t water pollutio~the nation’s -Most
Valuable Pollution Prevention Pr gram.o -~ oAlto was
tstanding
Organics Management.
cted
ey
Department. ~
UNFINISHED BUSINESS
II. PUBLIC HEARING: The Council will consider an application by
Jeff Levin for a Tentative Subdivision Map approval to create 12
residential condominium units on a 41,253 square-foot parcel for
property located at 579 Vista Avenue/4114 Goebel Lane (continued
from 9/22/98)
Senior Planner George White said the staff and Planning Commission
recommendation was that the City Council approve the Negative
Declaration with the finding that the project would not result in
any significant environmental impacts and approve a tentative
subdivision based on revised findings and conditions. The applicant
requested Tentative Subdivision Map approval to reconfigure 3
existing lots into 12 condominiums for the purpose of constructing
a new 13-unit residential development. The proposed parcel
reconfiguration was consistent with the Architectural Review Board
(ARB)-approved residential development project on the site. The
Planning Commission reviewed the project on July 8 and July 29,
1998, and voted to recommend City Council approval of the Tentative
Map. Subsequent to the Planning Commission review, the City
Attorney recommended that language be .added to the required
findings of approval which reflected specifications of the
Subdivision Map Act. The City Attorney also suggested additional
conditions be added to the draft conditions of approval that
related to security for required housing in-lieu fees.
City Attorney Ariel Calonne said ~a number of" Council Members
commented on_the .notation in the staff report (CMR:376:98) about
the Palo Alto Housing Corporation’s .action of September 9, 1998. He
spoke with Marlene Prendergast, Executive Director for the Housing
Corporation, and both the City and the Housing Corporation
concurred with the off-site Be!ow Market Rate (BMR unit). There
were a number of rehabilitation steps that needed to occur on the
property. The action under consideration by the Council would not
.commit the City to accepting the property but would commit the City
to go through the rehabilitation process if the property were found
to be unacceptable. Neither the City nor the Housing Corporation
were being asked to accept the off-site BMR at the current time.
Council Member Kniss felt the Council was in an awkward situation
since the Comprehensive Plan (Comp Plan) had been passed but the
zoning changes not yet discussed. On page 6 of the July 29, 1998,
Planning Commission minutes, Commissioner Byrd stated, There is no
zoning to accompany it yet, and no land is designated with it, but
for our own education, if such a land use designation and a zoning
category existed, is it possible to say whether you would have
pursue that route. She was pursuing that route.
Mr. Calonne said the Planning Commission was caught off guard by
the application because the applicant pursued a development which
was permitted as a right under the zoning. The Planned Community
(PC) zone and the accompanying detailed design elevations had been
previously approved by the ARB prior to Planning Commission review
of the Tentative Map. When implementing zoning, an effort would be
made to integrate more closely the ARB and Planning Conunission
functions so that the apparent disconnect between the packages of
information going to each board did not occur.
Council Member Wheeler said in prior years when projects came in
under the zoning, the Planning Commission was mystified about what
it was supposed to do with a Tentative Subdivision Map. The role of
the Planning Commission was misunderstood. Regarding the BMR
contribution, sh@ asked what the City Attorney viewed as options if
the rehabilitation plan did not come to fruition; for example, what
were the alternatives that the Housing Corporation and the City
might pursue in lieu of acceptance of the house.
Mr. Calonne said the option was another off-site unit or a unit
within the project.
Council Member Wheeler clarified the decision would need to be made
prior to the time of building occupancy.
Mr. Calonne said that was correct and added that the Housing
Corporation’s concern was that monitoring the rehabilitation would
take a significant amount of effort and depended on careful
execution for its success.
Council Member Wheeler said the Planning Commission held a lengthy
discussion about the tradeoff between the green space at the end of
the new lane versus the two.guest parking spaces which was the
decision that .came to the Planning Commission from the ARB. In
order to have had the green space, she understood that the ARB
would have had to approve a design enhancement exception, which
they chose not to do.
Mr. White said that was correct.
Council Member Wheeler clarified the Planning Commission had no
option to recommend differently.
Mr. White said that was correct.
Mr. Calonne said the ARB’s action was complete and beyond any
appeal period. The Council’s current action was limited to
approving or disapproving the Subdivision Map and conditions.
Vice Mayor Schneider asked at what point the ARB came back into
the picture.
Mr. White said the ARB made its determination and forwarded its
recommendation to the Planning Director who approved the project.
Vice Mayor Schneider~ clarified the City Council had the
recommendations from the Planning Commission and staff_and .not from ........
the ARB.
Mr. White said that was correct. The ARB did not have purview over
the Tentative Map application. The renderings and plans that were
displayed at the meeting were the ARB approved plans for the site.
Mr. Calonne said the project could be constructed as viewed on the
wall renderings with no action by the City Council. The applicant
would not be able to sell any of the units but could retain them as
an entire project. The project was approved for development in a
multifamily zone. Approval of the subdivision would allow the
applicant to sell the units.
Mayor Rosenbaum opened the public hearing.
Jeff Levin, applicant, said the project was designed as a 1930-1940
cottage-style Bungalow on a cobblestone, private street to resemble
a small, single-family community designed with large front porches
and community interaction. The park at the end of the lane was
denied, which was unfortunate. The Planning Commission and staff
favored the park idea, but the existing zoning required two parking
spaces. His original understanding was that the ARB requirement for
the two spaces was a recommendation to the Council. The materials
proposed for the project were Of the highest quality. All the
houses were designed and painted to create an illusion that each
house was completely unique. Bay Area Stream Water Management would
be utilized in the storm drain, which was experimental and unusual
for a project in Paio Alto. Outdoor street lamps would enhance the
old character of the neighborhood.
council Member Eakins asked whether it was possible to rescue the
park.
Mr. Levin said the parking spaces would be cobblestone rather than
asphalt, but he would look at the possibility of retaining the
park.
Vice Mayor Schneider asked whether Mr. Levin had an idea as to what
the selling price would be on the units.
Mr. Levin said the suggested selling price was in the high $600,000
to low $800,000 range. The $600,000 unit would be 1500 square feet,
and the low $800,000 unit would be 1700 square feet.
Mayor Rosenbaum closed the public hearing.
MOTION: Council Member Kniss moved, seconded by Huber, to approve
the Planning Commission and staff recommendation that the City
Council:
!. Approve the Negative Declaration, with a finding that the
project wil! not result in any significant environmental impacts;
and
2. Approve a tentative subdivision map based on the revised
findings and subject to the revised conditions.
REVISED DRAFT FINDINGS FOR TENTATIVE SUBDIVISION MAP
Recommended Findings for Approval
I. The proposed subdivision is consistent with all applicable
Comprehensive Plan policies and programs including those policies
governing land use, residential density and housing.
2. The site is physically suitable for the type of development
proposed in that the proposed lot configuration accommodates
construction of 13 new residential units in twelve new buildings
and other site modifications which meet the Architectural Review
Board Standards for Review and which fully comply with all existing
zoning regulations.
3. The design of the new lot pattern and building locations will
not cause any environmental impacts as the site improvementhas
undergone environmental review and mitigating conditions of
approval have been attached to the Architectural Review Board
approval.
4. The design of~.the Dew ~!ot ............. and the proposed improvements
will not result in serious public health problems in that all
necessary public services, including public utilities, are
available and will be provided. In addition, no fish or wildlife or
5abitat thereof are impacted by this subdivision.
5. The design of the new lot pattern will not conflict with public
easements for access through the property in that there were no
such easements. An ungated private street provides access to eleven
of the new units and the remaining two units have direct access to
a public street.
REVISED DRAFT CONDITIONS OF APPROVAL OF SUBDIVISION
GENERAL
i. All Conditions required under Architectural Review Board
application 97-ARB-152 shall apply to this project and are
incorporated as a part of this approval.
2. The developer shall repair, restore or replace, at the
developers expense, any City property damaged while performing work
within the City right-of-way.
’PRIOR TO SUBMITTAL OF FINAL MAP
3. The Applicant shall arrange a meeting to discuss the improvement
plans necessary for the project with Public Works Engineering,
Planning, Fire and Transportation Departments. These improvement
plans must be completed and approved by the City prior to submittal
of a final map.
4. All construction within the~ City right-of-way, easements or
other property under the City’s jurisdiction shall conform to
standard specifications of the Public Works and Utility
Departments.
5. The applicant shall submit a current Preliminary Title Report
and Grant Deed for the subject properties.
6. If the applicant desires to name the new private street, a
submittal shall be made to the Palo Alto Historical Society for
this purpose which is consistent with the street naming policy
contained in the Palo Alto Policy and Procedures Manual, Section
1-16.
PRIOR TO RECORDATION OF FINAL MAP
7. Security for the payment in lieu of providing additional
housing, pursuant to the Below Market Rate Letter of Agreement,
herein incorporated by reference, shall be submitted in a form
satisfactory to the City Attorney. This shall include a provision
that a second on-site below market rate.unit shall be designated
and held by the subdivider until such time as the City accepts an
off-site unit.
8. The final map submitted shall show all the widths of streets in
the vicinity as well as all easements affecting the property.
9. The final map shall include a five foot wide public utility
easement along the western property line for the exiting overhead
wires.
I0. If necessary, the subdivider shall post a bond prior to the
recording of the fina! parcel map to guarantee completion of the
items approved under improvement plan. The amount of the bond shall
be determined by the Planning Division and Public Works Department.
MOTION PASSED 9"0.