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HomeMy WebLinkAbout1997-02-03 City Council (10)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: Planning and Community Environment AGENDA DATE: February 3, 1997 CMR:132:97 SUBJECT:2741 Middlefield - Appeal of Director of Planning and Community Environment Approval; File No. 96-ARB-190 REQI~ST This report addresses an appeal of the Director of Planning and Community Environment’s approval to allow upgrade of the front, back and side facades of an existing building, seismic upgrade and parking lot improvements to an existing retail building. RECOMMENDATIONS Staff recommends that the Council uphold the approval by the Director, based upon the findings for ARB appeal set forth in Attachment A. The appeal states that the proposed use requires a Conditional Use Permit; however, the Conditional Use Permit is a separate requirement from the Architectural Review Board (ARB) approval. Whether required or not, the ARB approval can proceed independently as long as the proposed use and tenancy does not lead to exterior building changes. Since the ARB meeting, the proposed use of 2741 Middlefield Road has been revised by the applicant,, and the Zoning Administrator has determined that a CUP is not required because the building will be occupied by two separate uses, one a retail use and one a consulting service office use. The appeal also states that a variance is required for placement of parking in a required setback; however, the Code permits this non-complying facility to continue to be used without requiring a variance, provided the proposal does not increase the degree of non- compliance. Since the proposed inclusion of office use, with a lower parking requirement, actually decreases the level of non-compliance, a variance is not required. CMR:132:97 Page 1 of !3., POLIC¥...IMPLICATIONS The proposed project, as revised, complies with the Zoning Ordinance and Architectural Review Board Ordinance requirements for permitted uses within a non-complying facility. The proposal would enable occupancy of a vacant building and would enhance the appearance of this retail building, helping with efforts by property owners, residents and the City to revitalize the Midtown neighborhood shopping district. The applicants have also incorporated substantial landscaping improvements to the property adjacent to Middlefield Road and Colorado Avenue. ¯ Comprehensive Plan: The proposed project is generally compatible with the Comprehensive Plan, particularly with objectives in the Urban Design Element promoting variety and aesthetic quality and encouraging maintenance of street trees and landscaping. Compliance with ARB Standards: The project, as revised and as recommended by conditions of approval, would comply with the standards for architectural review, as set forth in Chapter 16.48 of the PAMC, Architectural Review Ordinance: The proposed project meets the goals, purposes and Standards for Architectural Review in the following manner: The building is a clear investment to the City as the design and related improvements provide a retail building which is attractive and will contribute to the appearance and vitality of the Midtown shopping district. The proposed facade improvements are compatible with the natural tones and stucco and wood detailing characterizing many of the center’s better maintained buildings, while the teal painted steel bracing and windows provide an attractive accent. Entryways are marked by redwood trellises which relate the building to other structures in the center. (Refer to Attachment A for a complete evaluation of the project according to the standards in ARB Ordinance Section 16.48.120.) Zoning Ordinance: The proposed retail use would occupy 14,743 square feet, and the proposed office use would occupy 4,517 square feet, in conformance with the zoning ordinance limitations on the size of retail and office uses of 15,000 square feet and 5,000 square feet, respectively. The existing facility does not comply with lot coverage, Floor Area Ratio (FAR) and parking requirements for the CN district, but the proposed design does not increase the degree of non- compliance; thus a variance is not required per Sections 18.94.101 and 81.94.080. CMR:132:97 Page 2 of 13 EXECUTIVE SUMMARY The applicant has raised the following basic issues, which are addressed in detail in the Discussion section of the attached in-depth staff report (pages 8 to 11). 1) 2) The proposed project requires a Conditional Use Permit for retail use exceeding 15,000 square feet. The proposed project requires a Variance to allow parking within a required side setback under Section 18.41.050(f)(2) and 18.41.060(b) PAMC. 3)All building permit values should be considered together in determining whether sprinklers are required by the Fire Department. 4)The parking lot on the property, located off Colorado Avenue, should be used for employees and deliveries, which would require relocating the existing delivery area from the rear of the property. 5)The parking lot on the property should, after accommodating the project’s employee and delivery vehicles, be available for employee parking from other properties in the assessment district. 6)Any illegal encroachments into the assessment district parking lot should be abated and any legal ones should be vacated so that customer parking can be provided at the rear entrance, and any missing parking stall stripes can be restored. 7)Limits on hours of operations need to be imposed, including deliveries and other operations when business is closed to the public. 8)Illuminated signs shall be turned offwhen the business is closed to the public. 9)If the major customer entrance is from the rear parking lot, the required landscaping on Middlefield Road should be extended over the building facade, since the required access from Middlefield is much less than shown on the plans. 10)Unambiguous conditions are needed to give code enforcement officers the authority they need. ALTERNATIVES If the City Council does not deny the appeal and uphold the Director of Planning and Community Environment’s approval, it can: CMR:132:97 Page 3 of 13" 1)Deny the appeal and uphold the Director’s approval with modifications, or 2)Grant the appeal by denying the Architectural Review approval of the project. FISCAL IMPACT The only potential fiscal impact of the proposed project would be the generation of potential retail sales revenue if the approval is granted and the building is occupied in early 1997, versus the loss of such potential sales revenue if the improvements are not approved and the building is not reoccupied. The amount of such sales revenue cannot be easily projected. ENVIRONMENTAL ASSESSMENT An environmental assessment is not required for this project, which was determined to be Categorically Exempt from CEQA. STEPS FOLLOWING APPROVAL 1) If the appeal is granted, the project would be denied and the property owner would need to develop a different plan for reuse of the building. If the appeal is denied, the next step would be for the applicant to comply with the conditions of approval and undertake construction. PREPARED BY:Alison Kendall, Contract Planner DEPARTMENT HEAD REVIEW: KENNETH R. SCHREIBER Director of Planning and Community Environment CITY MANAGER APPROVAL: Ci CMR:132:97 Page 4 of 13 SUBJECT:2741 Middlefield Road -Appeal of Director of Planning and Community Environment Approval; File No. 96-ARB-190 ~COMMENDATION The staffrecommends that the City Council deny the appeal and sustain the approval of the Director of Planning and Community Environment. BACKGROUND Project Description Original Application: The applicant applied on November 7, 1996, for design approval to upgrade the front, back and side facades of an existing retail building, including a seismic retrofit and improvements to parking and landscaping areas. The proposed primary tenant to occupy the existing building is The KnOwhere Store, which retails Taylor environments and parts, including work furniture, computer and communication systems, books, compact discs, tools, toys and puzzles. The initial application included an increase in the total building area of approximately 380 square feet, which resulted in the loss of one parking space and an increase in the building’s non-compliance with zoning requirements for retail size, floor area ratio and lot coverage. The applicants were notified verbally on December 5 and by letter December 9 that the application was incomplete, and the proposed project would require a Use Permit and Variances to increase non-compliance with these requirements. The applicant submitted a revised application on December 10 which maintained the current number of parking spaces and did not increase building area. Table 1:Site Information Applicant:Stoecker & Northway 437 Lytton Avenue Palo Alto, CA 94301 CMR:132:97 Page 5 of 13" Appellant:Herb Borock 2731 Byron Street Palo Alto, CA 94306 Roxy Rapp & Company P. O. Box 1672 Palo Alto, CA 94302 Comprehensive Plan Designation:Neighborhood Commercial Midtown Study Area Zoning District: CN - Commercial Neighborhood Existing Land Use: Two story, 19,26i square foot retail building and parking lot Surrounding Land Uses: North: East: West: South: City owned parking lot and commercial building Colorado Avenue and commercial building Retail building with rear parking lot Middle field Road, retail uses opposite Parcel Size:19,125 square feet ARB Approval: The revised application was reviewed by the Architectural Review Board on January 2, 1997. At that time Mr. Boroek addressed the ARB regarding his concerns regarding the need for a conditional use permit, and other concerns including potential disruptions to residents from lighting, noise and loading activities. After reviewing the proposed design and revised drawings submitted by the applicant January 2, the ARB approved the application subject to several conditions, including revisions to the landscape design adjacent to Middlefield to promote pedestrian activity, additional landscaping in the Colorado Avenue parking lot and enhancements to the rear and side entrances. The ARB added a further condition that, if a Conditional Use Permit was found to be required, ARB approval would be conditional upon granting of the use permit. On January 9 the applicant submitted landscape plans and revised plans responding to the ARB direction, which were scheduled for review on February 6.. However, due to the appeal filed by Mr. Herb Borock, this further review is being delayed until Council action on the appeal. CMPc 132:97 Page 6 of 13 On January 15, the applicants met with City staff to discuss their proposed revision to address the retail size limit. They stated that the proposed retail use would occupy 14,743 square feet, and the proposed office use would occupy 4,517 square feet, in conformance with the zoning ordinance limitations on the size of retail and office uses of 15,000 square feet and 5,000 square feet respectively. Their current proposal is described in a letter from Margaret A. Sloan dated January 17, 1997 (Attachment G), and in a floor plan revision for the mezzanine space dated January 17, 1997 (Attachment H). POLICY IMPLICATIONS The proposed project complies with the Palo Alto Comprehensive Plan, Zoning Ordinance requirements for permitted uses in non-complying facilities, and the Architectural Review Board Ordinance. Comprehensive Plan: The proposed project is located in the Midtown Special Study Area, and is designated for Neighborhood Commercial use. The existing plan contains the following relevant policies: Urban Design Element. Ob_iective. page 42: "Promote visual environments which are of high aesthetic quality and variety, and considerate of each other." The proposed exterior renovation presents an upgrade to the appearance of the building which continues the stucco earthtones and redwood trellis elements found elsewhere in the Midtown area. The teal blue brace frame on the front of the building exterior is a bold new contemporary element which is not found in the existing center, but which could add color and excitement to the street while improving the building’s seismic resistance. Teal aluminum windows would continue this color theme on the other facades. Conditions of approval are recommended if desired to relate the facade elements more closely to existing buildings in the center. Urban Design Element. Ob_iective, page 42: "Encourage maintenance of trees and planting of new street trees." The project involves the retention of an existing Maleleuca tree in front of the store and the expansion of the landscaped area in front of the store from two small planters to two large landscaped areas which could accommodate substantial tree planting. Existing street trees would be retained. The parking lot on Colorado Street contains no landscaping. Conditions of approval include landscaping of the lot, including trees in the planter areas along Colorado and in the "Sawtooth" area not needed for the diagonal parking spaces. Architectural Review Ordinance: Compliance with Architectural Review Ordinance standards is evaluated in the attached .Findings for Approval (Attachment A). CMR:132:97 Page 7 of. 13 Zoning Ordinance: The project as described in the January 16 letter from the applicant’s attorneys complies with the provisions of the Zoning Ordinance, particularly sec. 18.49.040(b) and 18.41.050(k). Table 2 below summarizes the proposed project compared to the zoning requirements. T.~ble 2 Project Comparison with Current, Ordinance Requirements REGULATION Office Floor Area (sq. ft.) Retail Floor Area (sq. ft.) Floor Area Ratio Maximum Height Lot Coverage Front Yard (Middlefield) Rear Yard SWeet Side Yard Parking PROPOSED PROJECT 4,517 sq. ft. 14,743 sq. ft. 1.0 No change 60% 10 feet none 16 spaces (no change) REQUIRED (CN Zone) less than 4,781 SF ¯ (25% of lot area) Less than 15;000 sq. ft. Less than 0.4 25 feet (35 feet w/residential mixed use) Less than 50% 29.5 feet none 1 SP per 150 SF or 130 spaces DISCUSSION Issues and Analysis of the Appeal A number of basic issues have been raised with this appeal application. The points of appeal and staff’s response to each are summarized below. 1)The proposed project requires a Conditional Use Permit for retail use exceeding 15, 000 square feet. As described earlier, the Conditional Use Permit and ARB requirement are independent, and the design approval can occur first, so long as the exterior of the building is not changed through the Conditional Use Permit process. CMR: 132:97 Page 8 of J3- The appellant is correct in stating that a conditional use permit is required for a retail use exceeding 15,000 square feet in the CN zone. Since the prior retail use was terminated more than one (1) year ago, any new use must conform to this requirement, pursuant to PAMC Section 18.94.040 (b). Since the time of the ARB decision, the applicant has revised the project proposal to reduce the retail area to 14,743 square feet and to include 4,517 square feet of general business office use, which would be separated from the retail space by a wall, and located on the mezzanine level of the building. According to the architect, the retail and office areas would have independent access. This modification brings the proposal into compliance with the limits to floor area in Section 18.41.050(k) and (1), and thus a Conditional Use Permit is not required. The proposed project requires a Variance to allow parking within a required side setback under Sec. 18. 41.05009 (2) and 18.41.060(b) PAMC. The Zoning Ordinance treats "noncomplying facilities" like the parking area, differently than "nonconforming uses" like the retail use here. The existing facility does not comply with CN district parking requirements and the prohibitions on parking within the first ten feet adjacent to the street property line, but the proposed design does not increase the degree of non- compliance; thus a variance is not required per Section 18.94.080 of the Zoning Ordinance. Under that section, a noncomplying facility may remain, but no change is allowed if the noncompliance would increase. In fact, the inclusion of office rather than the previous all- retail use means that the overall parking requirement is somewhat lower, and thus the degree of non-compliance is reduced. The applicant agreed to the ARB condition of inserting landscaping, including trees, into the triangular planting areas adjacent to the Colorado Avenue street side property line, and additional planting in similar areas along the edge of the parking area. Because of the narrowness of the lot, however, it is not possible to comply with the 10 foot street side setback without substantially decreasing the amount ofparking provided. This would require a variance and increase the parking deficiency for the property. The triangular plantings, which average a depth of 4 to 6 feet, provide adequate screening for this small parking area, and the addition of 18 trees to the lot will improve its appearance dramatically without reducing the capacity of the lot. 3)All building permit values shouM be considered together in determining whether sprinklers are required by the Fire Department. The Fire Department will assess the value of the proposed improvements from all applicable building permits associated with this project and determine whether sprinklers are required. CMR:132:97 Page 9 of 13" 4)The parking lot on the property should be used for employees and delivery vehicles for the project, so that the assessment district lot at the rear of the property can continue to be used for customers. Vendors’ deliveries should be via the property’s driveway on Colorado Avenue, a delivery door shouM be designated on the Colorado side of the building, at least one off-street loading space shouM be provided in the Colorado parking area. Vendors’ and businesses’ delivery vehicles shouM use MiddlefieM Road to access the Colorado Avenue side of the property. Currently, cars enter from Colorado Avenue, and park diagonally off a central aisle. To enter or reach additional parking in the City lot, they continue through a drive-through under the building. While the appellant’s suggestion for a delivery area off Colorado would decrease the impact of deliveries from the City-owned parking lot on customers parking in the lot, it would result in the loss of parking spaces in the Colorado Avenue lot and potentially obstruct the lot for cars entering from Colorado Avenue. Because many trucks would be too high to use the drive-through, they would need to back out onto Colorado, again blocking access and egress from the lot for customers. Trucks backing out of the narrow drive could run into customers or parke~ vehicles. The provision of a separate delivery door on Colorado would be difficult without blocking the drive-through. Overall, this solution would result in a loss of parking from a property with a major parking deficiency. 5)After accommodating the project’s employee and delivery vehicles, the property’s parking could be available for employee parking for other properties in the assessment district. Given the overall shortage of convenient parking for retail customers and office clients, it does not seem advisable to reserve any specific parking area for employees, particularly in prime locations dose to most businesses and accessible from a major street such as Colorado. 6)Any illegal encroachments into the assessment district parking lot should be abated and any legal ones shouM be vacated so that customer parking can be provided at the rear entrance, and any missing parking stall stripes can be restored While illegal encroachments should certainly be abated, it is not feasible to vacate legal encroachments in the rear of the building. This area has been used as a delivery area by Bergmann’s department store for many years, and the alternative location of the Colorado Avenue lot would result in the loss of a substantial number of parking spaces and greater potential for conflicts between customer parldng and delivery vehicles. 7)Reasonable hours of operation should be imposed, including deliveries and other operations when business is closed to the public. CMR:132:97 Page 10 of 13" The appellant has not provided information on his proposed hours of operation. However, if Council finds this hourly limit is needed pursuant to Section 16.48.120(b)(1), (2) and (11) and (3)(c), a condition could be imposed limiting deliveries between certain hours, such as 10 p.m. and 8 a.m., in order to minimize any potential noise impacts on nearby residential units, although the vast majority of deliveries would be made during the daytime. 8)Illuminated signs shall be turned off when the business is closed to the public. A sign application has not yet been submitted for this property, so it is unclear whether signs will have direct or indirect lighting, where they will be located, and whether they will be visible from nearby residential units. The rear building sign is the only sign likely to be visible from nearby apartments overlooking the assessment district parking lot. It would be easier and more appropriate to address concerns regarding illuminated signage when the sign permit is reviewed. While a condition requiring illuminated signs to be turned off after business hours could be added to the conditions of ARB approval for this project, staff recommends it be included as a condition of approval for the sign permit, when granted, if illuminated signs are proposed. 9)If the major customer entrance is from the rear parking lot, the required landscaping on MiddlefieM Road should be extended over the building facade since the required access from MiddlefieM is much less than shown on the plans. The ARB discussed with the applicant at some length the objective of enhancing the appearance of the front of the building with landscaping while increasing the attractiveness of the Middlefield frontage for pedestrian activity. The proposed landscape plan, submitted January 9 in response to the ARB direction, provides three 24" box Chinese Pistache trees .on either side of a large entry plaza, with two benches in shaded areas. A planted area with ground cover and shrubs is provided to the south, while the pavement allows free pedestrian movement between this property and the adjacent arcade retail building while allowing the longer term possibility of public access between the buildings to the rear parking area. In short, the landscape plan is compatible with objectives for the Midtown commercial district, and details of its design can be resolved upon further review by the ARB. Unambiguous conditions are needed to give code enforcement officers the authority they need. This general comment is appreciated, and staff supports it. It does not provide appeal justification, however. Staffdoes not find the proposed ARB conditions (see Attachment C) upon this project to be ambiguous. CMR:132:97 Page 11 of.13 Public Participation At the January 2, 1997 Architectural Review Board hearing, two people offered public testimony in opposition to the application. The issues expressed in the public testimony are the same as provided in the appellant’s letter (see Attachment D - Letter of Appeal) and are addressed in the previous discussion section of this report. .ALTERNATIVES If the City Council does not deny the appeal and uphold the Director of Planning and Community Environment’s approval, it can: 1)Deny the appeal and uphold the Director’s approval with modifications, or 2)Grant the appeal by denying Architectural Review approval of the project. FISCAL IMPACT The only potential fiscal impact of the proposed project would be the generation of potential retail sales revenue if the approval is granted and the building is occupied in early 1997, versus the loss of such potential sales revenue if the improvements are not improved and the building is not reoccupied. The amount of such sales revenue cannot be easily projected. ENVIRONMENTAL ASSESSMENT An environmental assessment is not required for this project, which was determined to be Categorically Exempt from CEQA. STEPS FOLLOWING APPROVAL 1) If the appeal is granted, the project would be denied and the property owner would need to develop a different plan for reuse of the building. 2)If the appeal is denied, the next step would be for the applicant to comply with the conditions of approval and undertake construction. ATTACHMENTS A.Findings for ARB Approval B.Application and project description received from Stoecker and Northway on November 7, 1997 C..Architectural Review Board letter of approval to application dated January 8, 1997, with conditions D.Letter of appeal from Herb Boroek, Dated January 10, 1997 E.Minutes for the January 2, 1997 ARB meeting F.ARB StaffReport of January 2, 1997 CMR: 132:97 Page 12 of 13" Go Letter from Margaret Sloan, Attorney for Jon Schink and Roxy Rapp, Owners, to Ken Schreiber on January 16, 1997 Fax from John Northway with floor plans showing proposed location of office and retail uses CO:Herb Borock, 2731 Byron Street, Palo Alto, CA 94306 John Northway, 437 Lytton Avenue, Palo Alto, CA 94301 Margaret Sloan, Jorgenson, Siegel, McClure & Flegel, LLP, Attorneys at Law, 1100 Alma Street, Suite 210, Menlo Park, CA 94025-3392 CMR:132:97 Page 13 of.13 Attachment A Findings for Approval 2741 Middlefield Road 96-ARB-190 The Architectural Review Board has determined, in approving this proposed project with conditions, that the proposed project, as conditioned, will fulfill the following general goals and purposes of Chapter 16.48.010, namely, to promote the orderly and harmonious development of the city; to enhance the desirability of residence or investment in the city; to encourage the attainment of the most desirable use of land and improvements; to enhance the desirability of living conditions upon the immediate site or in adjacent areas; and to promote visual environments which are of high aesthetic quality and variety and which, at the same time, are considerate of each other. The design, as proposed and conditioned, would be consistent and compatible with applicable elements of the City’s Comprehensive Plan, including the Urban Design Element as previously described in this report. The proposed design will help achieve the policy objective of revitalization of the Midtown neighborhood commercial district. o The design would be compatible with the immediate environment of the site. It maintains the existing building height and size, which at two stories is appropriate for the kind of vital neighborhood retail district which is desired for Midtown. The redwood trellises proposed above each entry would provide a unifying element within the Midtown center which relates to the neighborhood’s architectural character. The design combines adobe colored stucco and redwood, materials characteristic of buildings in the area, with teal metal bracing and windows which would provide a contemporary accent appropriate to this neighborhood retail area. The exterior renovations produce a building design suitable for this prominent location and appropriate for this site, which is a key location within the Midtown Revitalization Project Area. o The proposed design is appropriate to the function of the project, which is to house a retail business selling office furniture with a related consulting service. The proposed renovation will upgrade the finishes on the building and add building design features and landscaping which will enhance the general attractiveness of this neighborhood retail district. To the degree that the Midtown area has a unified design character, this project is compatible with that character. The elements which are reflected in the design are the use of wood and stucco in natural colors, large expanses of glass and sleek contemporary lines which are found in many Eichlers, and in some of the churches along Middlefleld. The redwood trellis element is also incorporated into a number of churches, houses and small retail buildings in the Midtown area. These elements have been attractively combined in this design. The design promotes harmonious transitions in scale and character in areas between different designated land uses. The design maintains the existing building height and size, which at two stories is appropriate for the kind of vital neighborhood retail district which is desired for Midtown, but not abruptly different from the surrounding one- and two-story residential development. The proposed changes will increase the building’s compatibility with surrounding retail and nearby residential uses. 6.While there are no relevant approved improvements on or off site, the proposed design is compatible with the general concepts behind the Midtown Concept Plan developed by property owners and currently being refined to guide public and private improvements. In particular, the increased landscaping and improvements to the pedestrian and parking areas are compatible with the Concept Plan and the general objectives for revitalization of the Midtown commercial area. o Within the constraints of the existing building and parking facilities, the planning and siting of the various functions and the building on the site create an internal sense of order and provide a desirable environment for occupants, visitors and the general community. Unfortunately, the existing Colorado Avenue parking lot does not provide enough parking to fulfill the requirements for these uses. In addition, the narrowness of the lot requires a one-way access to the parking from Colorado, and requires cars to exit the lot under the drive-through to the assessment district lot. As non-complying facilities, the applicant is not required to change these facilities unless he increases the degree of non-compliance.. The inclusion of office use and the provision off a disabled persons parking space and bicycle parking will decrease the degree of non-compliance slightly. The amount and arrangement of the proposed open space is appropriate to the design and fimction of the structures. The open space in front of the building would be landscaped to improve the appearance of the building,, and provide an attractive, shaded plaza and seating area which connect to the pedestrian arcade of an adjacent building. The parking lot off Colorado provides shade to a south-facing facade and would be substantially improved, with an additional 18 trees to provide substantial shade to parked cars and pavement. There are not ancillary functions needed to support the main functions of the project beyond parking, described under standard (7). Within the constraints of the non- complying facility, these are acceptable. 10.Access to the property and circulation within it is safe and convenient for pedestrians, cyclists and vehicles, within the constraints imposed by the site and the non- complying parking lot. Pedestrian access from Colorado Avenue requires that pedestrians walk in the parking aisle to reach the side entrance. Hazards to pedestrians would increase if deliveries were made via the Colorado Avenue lot, as suggested by the appellant, and trucks had to back up to exit because they did not fit beneath the drive-through. 11.Two existing trees at the front and back of the property are the only notable existing natural features on the site. They are retained and integrated in the proposed design. 12.The renovation proposed superior building materials and textures to the current concrete block building. These factors are an appropriate expression to the design and function of the project. The extension of the adobe stucco treatment to three sides of the building is a distinct improvement over the current painted concrete block, the proposed materials, textures, colors and details are also compatible with neighboring structures, landscape elements and functions. 13.As recommended by conditions of approval, the landscape design concept for the site would create a desirable and functional environment and creates an appropriate unity with the various entries to the site. The proposed design would increase the mount of landscaping and number of trees visible from Middlefield Road and Colorado Avenue. The landscaping improvements could help enhance the Middlefield frontage as a more vital pedestrian area. The conditions would make less of the landscape area off limits to pedestrians, and encourage pedestrian use of outdoor area. Conditions of approval would require tree planting and landscaping wherever possible in the parking lot, improving the appearance of the area and the pedestrian experience along Colorado, while maintaining the function and capacity of the existing parking lot. 14.Plant materials were specified in the January 9 submission of a Landscape Plan, and are appropriate to the site, drought resistant and generally low in water consumption. 15.The design is generally energy efficient. It incorporates shade trees and landscaping to reduce heat gain in the paved parking area, a redwood trellis and shade trees to reduce heat gain from the south-west facade, and skylights and increased window area to provide natural lighting. 3 Appiication Department o[ Planning ~ Corn ent, 950 Hamilton .;kve, Palo Alto, T~I : {41~) Attachment B 0 Appli~ant Requeat [~ Architectural Review Board Design Enhancement Exception Environmental Impact Assessment Comprehensive Plan Amendment Historic Resources Board Home Improvement Exception Property Loaatiort Address of Subject Property, ¯ Zone District ¯ . Conditional Use Permit Variance Site and Design Zone Change Subdivision Parcel Map Assessor’s Parcel Number: I~J’7 ..-.,7--.~ ,.-~:p~,~_ Historic Category(if applicable): O Applicant., NOTE: The APPLICANT & PROPERTY OWNER must be placed on the submitted Name: ~~ ~ L(~l/J’clkrailing list in Order t° be n°tified °f Meetings’ Hearings °r acti°n taken~’~ L./L.{ Address: ~.’~7 ~/~,k~_ \,. ~’~’-’,’L~ Phone: i~ Proper%~ Owner NOT~: The APPLICANT & PROPERTY OWNER must be placed on the submitted mailing list in order to be not[fled of Meetings, Hearings or action taken. I ~"Phone:!City: "~ ~~State: ~ Zip: hereby certify that I am the owner of record of the property described in Box #2 above indthat I approve of the requested action herein. If application(s) is subject to 100% recovery of planning costs, I understand that.char( ~s-;tor staff ti~e,processing this application(s) will be based on. the Policy and Procedures document provided to me. !..my an estimate of these charges . and not a fee, and I agree to abide by the billing policy stated..../ ...... Signature of Ownel;!"i/ ~ 7-- ~ ~ tO-- USE C~TEGORY PER ZOHIHG: OCCUP/~ICY GROUP(S) PER UBC:~’~TYPE OF CONSTRUCTIOtq PER UBC:_~ " 0,,, Z,L FLOOOZOtlE YES r7 NO ~L HISI’OR~CBUILDIHG YES C}I’;0 ,~ ST,~IFOnO t~PRO’,’~L nEQUlr~EO YES []NO .~ SUBDMSIO~ M,.,’,P YES []NO ~" l"~smol’~ ZC~IE YES []NO ~ V~CEREQUIRED YES []NO ~ USE PERMIT YES i"1 NO ~L LANDSCAPE GUIDELINES "YES []NO~ LOT DIMEHSIOI’IS LEHGTH I~J..~.~{ VAOTH 7~>.~)~ ~11rregul=r ~tt~ch tn~p) PERCE~ OF SRE CO’~GE S~BACKS SPECW. S’.OE SIDE EXISTIIqG SQU,-~J7E FEET .SO. FT. 1"0 EE DEMOUSttEO SQ. FT.TO BEADDED TOTALAT COMPLETION MAX. SO. FT. PER ZONING I’~J’~.IMUM SO. FT. PER UBC MAXIMUM FN’t PER ZONING NUMBER OF SHOWF.RS AUTOMOBILES # COMP,N3T # H~NOlC~ @ D EFEP, P,E O REQUIRED , PROPOSED o ALLOWED PROP OSED BICYCLES CI.,~S I C1.K~II CLASS Ii RESERVED TOTAL FENCE HEIG~ SIDE PROPOSED F YES, ELEVATION FYES, CATEGORY IFYES, OBT~JNEET? FOR STAFF USE ONLY COMP.PLAN DESIGNATION SEW~.R YES 0 HAZ. MAT.YES rl ~ ,,PAGE DISTANCE SIDEWALK ~’O PROPERTY UNE UNDERLYING LOT LINE SPECLAJ,. SETBACKS (CPPO~JTE/ADJ. RESIDENTIAL} HOUSING MITIGATION ’~:~FRC 5" PEFUMETER LANDSCAPE TR=..E EV£RY 6’ 10’ LANDSCAPE BUFFER NO. 0 NO O PROJECT DESCRIPTION 2741 Middlefield Road is the site of the former Bergmann’s department store. Unoccupied since 1992, the structure has fallen into disrepair. The building owners propose to upgrade and update the facade for use by a single retail tenant. Exterior steel trusses in a teal color will be installed in front of a new storefront glass system in the same color for a more contemporary look. The trusses will act as a structural element, providing seismic bracing to the existing building. The existing front awning will be removed and replaced with a redwood trellis, and the two existing planters will be expanded and replanted to provide a more pedestrian friendly entrance. The exterior of the building will receive new stucco in an adobe color, with a continuous cornice around all four sides. The side and rear will receive steel trusses to echo the design of the front entrance, with the rear entrance also receiving a redwood trellis element. The existing parking lot will remain. As staff is aware, the Midtown area is involved in a master planning process which will result in part in an upgrade to the existing parking areas. The owners, therefore, propose to upgrade their parking at a future date in accordance with the guidelines yet to be developed. KNOWHERE The Knowhere Store retails Taylor environments and all of their sub-comp.onents and parts. To do this, we sell work furniture, specially configured computer and communication systems, books, compact discs, tools, toys, and puzzles. We help you to re-create your environment and way of working-at home or globally. January 8, 1997 Claire Malone Stoecker & Northway 437 Lytton Avenue Palo Alto, CA 94301 -City of Palo Alto Department o~Planning and Community Environment Attachment C Dear Ms. Malone: The Director of Planning and Community Environmem, upon recommendation of the Architectural Review Board at its meeting of January 2. 1997 has approved, with conditions, the following application per the plans submitted for review: 2741 Middlefield Road Roxy Rapp 96-ARB-190 Recommendation to the Director of Planning and Community Environment for the Architectural Review Board’s review for an upgrade of the front, back and side facades, seismic upgrade and parking lot improvements to an existing retail building. CONDITIONS This ARB approval is conditional upon approval of a conditional use permit, if required, pursuant to Section 18.94.lM0(b) and Section 18.94.030(b) and other relevant sections of the Palo Alto Municipal Code. Prior to Issuance of a Building Permit Plannin~Zoning 1.The final site and/or landscaping plan shall be submitted to and reviewed by the ARB and to include the following modifications: a.Revised landscaping of the Colorado Avenue parking lot per Tom Richman’s drawing of December 1, 1996 and continued access to adjacent parking lot. b.The landscaped area in front of the building along Middiefield shall modified so as to create a tree-shaded pedestrian area with outdoor benches and the possibility of outdoor displays or tables and chairs. 250HamiltonAvenue P.O.Box 10250 Palo Alto,CA94303 415.329.2441 415.329.2240Fax c.Bicycle parking is required in accordance with PAMC, Chapter 18.83. Class 2 and 3 parking shall be located as close to the front doorway as possible, which may require some redesign of the front area. Additional Class 2 and 3 bike parking should be placed near the side entrance to the parking lot on Colorado Avenue, if this can be accomplished without displacing existing parking. 2.Final architectural plans shall return to the ARB and include the following modifications: a. Modifications to provide additional architectural interest at east and north entries. All public trees to be retained, as shown on the approved tree inventory or landscape plan to be prepared and submitted to the Planning Division, shall be protected during construction. The following tree protection measures shall be approved by the Planning Arbodst and included in construction/demolition contracts and be implemented during demolition and construction activities unless otherwise approved. The following tree protection measures shall apply: PAMC See. 8-04- 070. Any modifications to these requirements must be approved, in writing, by the ¯Planning Arborist. a.The City’s Planning Arborist shall consult with the project arborist and submit a tree protection plan for the site prior to issuance of a building permit. The ARB approved building materials and color scheme shall be shown on building permit drawings for all buildings, patios, fences, utilitarian enclosures and other landscape features. o Detailed landscape and irrigation plans encompassing on- and off-site plantable areas out to the curb must be submitted to and approved by the Architectural Review Board. A Landscape Water Use statement, water use calculations and a statement of design intent shall be submtited for each project. These plans should be prepared by a licensed landscape architect and qualified irrigation consultant. Landscape and irrigation plans shall include: a. All existing trees identified both to be retained and removed including street trees. b. Complete plant list indicating tree and plant species, quantity, size and locations. c. Irrigation schedule and plan. d. Fence locations. e. Lighting plan with photometric data. f. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 6.Signs (not included in this proposal) require a separate application. Sec. 16.48.050a, See. 16.48.120a(14), See. 16.48.120(c). The applicant shall submit a plan addressing trash disposal. The project shall include a recycling area or enclosure which complies with the design guidelines adopted by the ARB and approved by the City Council pursuant to Section 16.48.070(PAMC). See. 16.48.120a(12), Sec. 16.48.120(c). Engineering The applicant shall submit a final grading and drainage plan for the parking lot off Colorado Avenue to Public Works Engineering, including drainage patterns on site and from adjacent properties. The .plan shall demonstrate that pre-existing drainage patterns to and from adjacent properties are not altered. Sec.16.28.270. The proposed development will result in a change in the impervious area of the property. The applicant shall provide calculations showing the adjusted impervious area with the building permit application. A storm drainage fee adjustment will take place in the month following the fmal approval of the construction by the Building Inspection Division. Transportation 10.Signage and landscaping shall meet the sight distance requirements of PAMC 18.83.080, applicable to project frontages where driveways are present, and in parking lots. Landscaping shall be specifically identified in the landscape plan as meeting these height requirements. 11.Bicycle parking is required in accordance with PAMC 18.83. Class 2 and 3 parking must be located as dose to the front doorway as possible, which may require some redesign of the front area. Additional Class 2 and 3 bike parking should be placed near the side entrance to the parking lot on Colorado, if this can be accomplished without displacing existing parking. Utilities 12.All utility meters, lines, transformers, backflow preventers, and any other required utilities, shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and landscape materials and shall be screened in a manner which respects the building design and setback requirements. Sec~ 16.48.120(a)(13) and (c). See.16.82.060(c). 13.The Palo Alto Fire Department will be reviewing the renovation cost of improvements to see if PAMC 15.04.170, Subsection 1003.2.9, 5) becomes applicable for automatic sprinklers installation throughout. Please review the referenced section of the PAMC on improvement costs. Prior to Issuance of Building Permit 14.Color chips to match the colors specified in the building permit drawings shall be attached to the cover sheet of the building permit drawing set by the Project Planner. Section 16.48.120(a)12 and (c).IBP16. Public Works Operation 15.Street trees shall be required in 24-inch boxes spaced at minimum 30-foot intervals along project frontage. Species shall be determined by the Planning Arborist in consultation with the Midtown Contract Planner. Newly planted street trees shall be irrigated and maintained by the property owner. During Construction Public Works Engineering 16.The contractor must contact the CPA Public Works Inspector at (415)496-6929 prior to any work performed in the public fight-of-way. 17.All construction within the City fight-of-way, easements or other property under City jurisdiction shall conform to Standard Specifications of the Public Works and Utility Departments. Prior to Finalization Planning 18.The landscape architect shall certify in x~a-iting and submit to Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and that irrigation has been tested for timing and function, and all plants including street trees are healthy. 19.All sidewalks bordering the project shall be repaired and!orremoved and replaced in compliance with Public Works approved standards. Sec.12.08.010. 20.The Public Works Inspector shall sign off the building permit prior to the finalization of this permit. All off-site improvements shall be finished prior to this sign-off. Should you have any questions regarding this ARB action, please do not hesitate to call the Planning Department at (415) 329-2546. Lorraine Weiss Planner ARB Staff Liaison Attachment D CITY OF PALO ALTO Office of the City Clerk CITY APPEAL FROM THE DECISION OF DIRECTOR OF P~NNING AND COMMUNI~ ENVIRONMENT (ARCHITECTURAL To be filed in duplicate Application No.. 9 -~ -A~ Name of Appellant N ~"~ Address. ~2. ~ ~ ! I~’~ ~ Street City Receipt No. Phone (lit{) ZIP LOCATION OF PROPERTY: Assessor’s Parcel No. /~%-") -34 - o 0_,~" Zone District Street Address "~’~"~q I ~t~ ~,~’~LL%---’~-(%"~ " ~ Name of Prope~ Owner (if other than appellant) ~#~ ~L~ ~,~) Prope~ Owner’s Addres~~" ~¢~’c~"~’~) ~’~’ 6~ ~ ~ ~ Street City The decision of the Director of Planning and Commun~ Environment dat~ 19 ~ ]whereby the application of ~C~ g ~~ (original appli~nt) for architectural review was (approved/denied) , is hereby appealed for the reasons stated in the attached letter (in duplicate). ¯ Date i/i~[9"7 Signature of Appellant I CITY COUNCIL DECISION: Date Approved Denied Remarks and/or Conditions: SUBMITTAL REQUIREMENTS SATISFIED: 1.Plans 2.Labels 3.Appeal Application Forms 4.Letter 5.Fee By: By: ~ By: ~*.,. ’,.4,~,..~__ 12/89 PROJECT DATA SUMMARY SHEET CN NEIGHBORHOOD COMMERCIAL DISTRICT CN PLANCHECK WORKSHEET APPLICANT: ~A~-~ ~ F~-ti~,!PHONE: ~I~ -~7 - 70~ OWNER: ~,~~ ~ ~ ~~PHONE: DATE SUBMITTED: Ii.-~ "~(~ DATE NOTICE OF INCOMPLETE SENT: DATE ZONE CHECKED: DATE RVSD DWGS RCVD: SCOPE oF PROJECT: PROPOSED USE: CONDITIONAL ADJACENT TO SCVWD P.O.W. OR CREEK: .;yes .ADJACENT TO STATE HIGHWAY: yes PAST VARIANCES:yes PAST USE PERMITS:yes STANFORD PROPERTY:yes SPECIAL FLOOD.:ZONE:yes HISTORICAL INVENTORY LIST: yes HAZARDOUS MATERIALS:yes NOISE ISSUES:yes CLEANUP SITE:yes PROJECT 5 ACRES OR MORE: HOUSING MITIGATION: GRANDFATHERED (If yes: (If yes: (If yes: (If yes: (If yes: (If yes: (If yes: (If yes: (If yes: (If yes: yes ¯LEGALLY NONCONFORNING"~., need SCVWD route & approval) need Caltrans route & approval ) describe in "Summary Notes") describe in "Summary Notes") need Stanford approval) need Public Works approval) need HRB approval) need Fire Dept. approval) describe in "Summary Notes") need letter from state agency or responsible party and consultant saying project plans won’t interfere with investigation on-going remediation) (If yes: need Regional Water Quality Control Board storm water run-off permit) (If yes: fees may be required if proposed project exceeds 20,000 s.f. or if any housing is being removed) BLOCK MAP: Book # ~Page # Distance from sidewalk to PL: (See attached xerox) Underlying lot lines: yes (~ Easements yes ~ (If yes: need to merge). (If yes: show on site plan) ZONE MAP: Page # Special Setbacks:(If yes: check special setback map) p:\LWLPIanCk6 1116191 Page .I KNOWHERE The Knowhere Store retails Taylor environments and all of their sub-components and parts. To do this, we sell work furniture, specially configured computer and communication systems, books, compact discs, tools, toys, and puzzles. We help you to re-create your environment and way of working-at home or globally. Knowhere Store The Knowhere Store retails Taylor Environments and all of their subcomponents and parts. Selling work,furniture, computer and commuaication systems, books, CDs, tools, toys; with a.emphasis on high performance, collaborative, user configfirable environments for the office, travel, home and virtual work. These environments stress adaptability, life cycle economics, human and earth friendly ..materials, prospect and refuge, utility and beauty. The goal of these environments is to facilitate human creativity -- with a special focus on "group genius"-- in a way that enables organizations of all kinds to excel and recreate themselves. Excerpt minutes of the ARCHITECTURAL REVIEW BOARD HEARING January 2, 1997 Attachment E II. 1. 2741 Middlefield Road 96-ARB-190 Roxy Rapp Recommendation to the Director of Planning and Community Environment for the Architectural Review Board’s review of an upgrade of the front, back and side fagades, seismic upgrade and parking lot improvements to an existing retail building. Mr. Ross: Are there any additional staff comments? Alison Kendall: I would like to introduce myself. I am Alison Kendall, the contract planner for Midtown planning. I am handling design review for this project. Mr.. McFall: I have some questions for staff. Was there a project descriptioh in the packet? I did not see any written description of the project. Ms. Kendall: There was a one-page description of the retail business being contemplated. Mr... McFall: What is the retail use envisioned? Ms. Kendall: I invite the applicant to correct me on this. It is a tittle difficult to explain. As I understand it, it is a retail business involved in selling office furniture and also computer software and other materials to enhance the working environment in the home or office. Mr. McFall: In the staffrepol’t, Condition #8 talks about an overall sign program. Ms. Kendall: There is no signage included as a part of this application. There would be a followup sign application. We would like to see at that time an overall signage proposal so that it would be integrated with the design. Mr. McFall: Are you making that a condition before issuance of the building permit? Ms. Kendall: I suppose that could be made a condition of the subsequent building permit. That was more to provide notice that we would prefer to have a sign program for the building rather than an individual sign proposal, so that if you have occupancy changes we would have a proposal that fit with the design concept. Mr. McE.alI: In Condition #11, could you clarify that? It seems to be parts of two different conditions. 1 Ms.Weiss: Yes, conditions lc and 11 should be combined into one condition. Mr.McFall: And signs require a separate application. Is that a condition? Ms.Weiss: Yes. Ms. Kendall: That is a way of serving notice that they do have to submit a sign permit separately later. Mr. McFall: My last question has to do with the staff report discussion of the landscaping in regard to pedestrian circulation, specifically the arcade next door, and extending that. Staff would prefer to see that walkway extended instead of landscaping. Is that the intent? Ms. Kendall: The suggestion is that it would be more appropriate, given our objective for the Midtown area, which is to encourage pedestrian activity, particularly along the Middlefield frontage, that the proposed landscaped area would result in blocking circulation through the center in this area. It would be preferable to have that opportunity still available by providing landscaping that would still allow that circulation. Mr. Ross: In the parking adequacy and access description, it notes that the current zoning requirements are a 0.4 FAR and 50% lot coverage. Is that actually the case? Ms. Kendall: Yes, under the CN zoning. Mr., Ross: So you can cover 50% of a site but only with a 0.4 FAR building. Ms. Kendall: Yes, although it would be a bit of a challenge. Mr. Ross: It seems inconsistent. Mr.McFall: Ms.Kendall: Mr.McFalI: Is a trash enclosure required for an existing building? I am not sure what you mean. One of the conditions is that details of an opaque screened trash enclosure be submitted. Is that what the zoning requires with an existing building? Ms. Weiss: Yes, we do ask them to upgrade whenever possible. Ms. Kendall: I believe that in this case, there was a proposal to relocate either the trash or the recycling area. 2 Mr........Peterson: Are there any landscape improvements proposed for the city parking lot directly to the north? .Ms.~..Kendall: I understand that there are no proposals as a part of this application at this time. Obviously, we are looking at the whole Midtown area and landscaping improvements as part of that effort. Mr. Alfonso: I have a question of staff regarding your recommendation for this arbor. Can you elaborate on this? Ms....Kendall: Here is a detail of the trellis design. I have to note that it has been redesigned to reflect the staff comment because I did call the applicant and gave him some sense of our comments. In the staff report, I was commenting on an earlier version of this design. The original proposal had the trellis elements parallel to the building surface and beneath the arbor. The applicant has reeonfigured this to reflect the more traditional design of the perpendicular elements on top of the supporting structural element. I think this better responds to the character of this type of element throughout Midtown and throughout the City. So I would say that they have already complied with the condition in the redesign. .Mr~..Alfonso: Have they also changed.the truss configuration? Ms. Kendall: There was no request made to them to do so, but the applicant has changed the truss design. Mr..Ross: We will now hear the presentation from the applicant. It is classified as a minor remodel of an existing building. Roxy !Lapp will have five minutes. Mr. Rapp: I am excited this project. Bergmann’s has been vacant for over three years now, and I know the city has been working with the property owners there and with the merchants, trying to get something going there. When Jon and I purchased the building, we thought that it was going to be a great challenge. I am very sensitive to the area, as I grew up there. I used to live on Ross Road, so I do agree that it is a neighborhood area, not a downtown Palo Alto or a California Avenue area. Today I have with us John Northway who will speak later about the project. Also I am excited to have on the pr0jeet Tom Richman, our landscape architect. He has done a fabulous job, and it is really going to make a big change to the landscaping of the building and the area. First I would like to show you the rendering that Barry Nathan did of the architect’s drawing. We really concentrated on the Middlefield Road side of the building. As an ex-retaller, I felt that it was really important to try to make the building very inviting, open~ and to make people want to stop and see what is going on there. Also, if you spend any time in that area, it is a very tough area. You have a tremendous amount of traffic going down Middlefield Road. You have things going by very fast. It is not a very comfortable area. We thought this area should be made more comfortable. It has a lot of hard surfaces, a lot of cement. The entire front is all cement. Tom and John spent a lot of time working on the front elevation of the building to make it inviting and to soften it, making it comfortable for pedestrians. What we have done is to come up with these folding doors that will open into this area, making it inviting for people to walk in. There will not be a barricade .against.entering. Also the retailer can come out into this little plaza that we have created out in front. We did a light trellis to let more light in. Also, we did change the configuration of the structure. I felt that the original structure was too industrial, and this works for seismic considerations. I feel it makes it look more like a retail establishment, not so much like a warehouse. Also, I am very excited about the colors. Basically, the whole building is going to be two colors -- a terra cotta color here, the base color, and all the detail, all the moldings, including the doors and windows will be this color. So it is very simple, but I think very rich. Mr. Peterson: Like your shirt and necktie! Mr. Rapp: Yes. This is Tom’s board on the landscaping that wewould like to do. As you can see, in this area here, we have done a lot of landscaping. We have put in four new trees, and we are putting in some high shrubs, some low ground cover, and we listened to Alison, and we think she is 100% fight that, especially as we have been talking to Long’s and our neighbors next door to see what they are going to be doing, we took out the bench here and made a walkway, connecting it with the juice club and the photography shop and the flower shop next door. Also, the entranceway, we plan to do with slate, bringing the slate inside the store, and probably will do this walkway also in slate. I have a sample of that here. In regards to the parking lot, if you take a look out there, it is rely desolate. It needs some greenery. One of the parking lots I love is the back parking lot of Chop’s office, where they use trees. People love to park their cars under a shady tree, so that is the way we designed this. We have been talking to our neighbor next door, Tom Foy, and he has asked us and we have agreed to leave one of the tree wells out in case someone wants to park in Tom’s area, if that is acceptable to the city. Also, in the landscaping plan, we plan to put in a whole new stone area as an entrance way. By the way, this parking is open to everyone in Midtown, not just for The K.nOwhere store. (Five-minute buzzer sounds) Do you want me to talk about the stucco at all? Mr. Ross: No, why don’t you close it up and maybe someone will ask you a question about the stucco. Thank you, Roxy. Mr. McFall: What is KnOwhere store? Mr. Rapp: Home office use is one of the biggest increases in the United States, people working out of their home with a computer and a FAX machine. So basically, they help to create an 4 environment, a workplace. It is very modular. They work with the homeowner. You can go there and they will help you to work, make you feel comfortable, and you can take things home and try it out. They have hardware, software, learning products. Mr. McFalI: And the intent is to open up the front of the store with the folding doors? Do you think that is going to be the typical way the building works? Do you think those doors are going be open? Mr. Rapp: Yes, I do. Of course, not at this time of the year, but California, especially in this area, has a lot of beautiful days. I think KnOwhere would like to bring some of their products out so that when people are driving by, they can see that they sell desks and computers. People can sit out there, and it would be a nice little plaza. I hope that someday, when Tom develops his property next door, they can get a cup of coffee and maybe sit on the bench that we plan to put in there, and just cause some activity. It is like a little public plaza area. Mr. Alfonso: Can you tell us about the stucco? (Laughter) Mr. Rapp: This is a very famous stucco from a very famous house, designed here in Palo Alto by a very famous architect, who shall remain nameless. This is a color that I just love. It is a very rich color. Basically, what we would like to do is to stucco all of this area here and all across here, and then along the back, we would stucco it completely here. By .~e way, we did originally have an outside trash enclosure, but I felt that since we have this door area here already, to just go ahead and put it inside. I think that is much cleaner, and it makes it much easier for people to drive through this area, so we are enclosing the trash area. Between Tom’s building and our building, there is only a little bit of room, and we do not think we can get the stucco machine in there, so we are going to go back as far as we can between the two buildings, and then it will be painted in between, and we’ll stucco along the top. The guy almost has to turn sideways to work in there. Then in regards to the side of the building, what we are asking to do is, I have a letter here from the tenant next door to give you from David Lee who owns this property. He has trees all along here and plants and shrubbery, and in here, he has a cooler for his flower shop, and there is a shed along here. He would like to paint this area here and then we will stucco back, if that is all fight with the board. Mr. McFall: Regarding the lights that he has shining down into his rear area, are they going to stay on your building, or are those going to come off?. Mr. Rapp: We are going to leave them on the building for security and to make it comfortable for people. Mr. McF~ll: What about signage? Mr. Rapp: The tenant has not given me their signage, but I imagine it will be something very rich to go up in this area. Also in regard to landscaping, we plan to do some cutouts right here, and Tom will be working on doing some kind of crawling shrub to soften this wall on the parking lot side. On the back side, we have this big tree, so that really is not necessary. Mr. McFall: Is that a concern with the glazing on the Middlefield Road side? The sun exposure coming in through the glass? Mr. Rapp: No, it is not. Actually, we want the light. It is very dark in there. We are also adding four skylights there. Mr. Alfonso: I have a question regarding the reason why the truss, as shown in the package, is different from what you’re showing us here today. Mr. Rapp: Basically, it is real busy. I think simplicity is nice. As I said before, I think it looked more like a warehouse. The engineer felt this was enough the other was more of a design. Being a retailer, I agree. Mr.Alfonso: And the color scheme for the building, can you describe where that came from? Mr.Rapp: I fell in love with Mr. Peterson’s house. I love the colors. I think they are great. Mr.Alfonso: Relating to that specific site, was there any question about that? Mr. Rapp: I think it works very nicely. I think it is a rich color, and I think it will be inviting. As people drive by there, I think they will say wow, what’s going on there? Let’s stop and see what is going on there. There is no place to park out on Middlefield Road, so you have to do what you can. As they drive down Middlefield Road, they will wonder and explore that area. That is basically what I am trying to accomplish here. Mr. Alfonso: On this plaza that you described, is my understanding correct that it is a place where you intend to have people perhaps gather at some point, sit, gaze at your store, interact with the adjacent properties? Is that the intent? Mr. Rapp: That is it exactly. Mr. Peterson: How does the pedestrian circulation work from your parking lot and also from the city parking lot? How do they get into your building? Mr. Rapp: Maybe John later on can talk about the whole area, because he has been working under contract for all of the property owners. There is a new back door that will be installed here, so you can enter the building here from the back parking lot. Also, we have a side entrance here, and when Tom redoes his building, people will be able to walk around this way. The light we hope will be moved down next to Long’s, so when people are at Mike’s Care having lunch, they might take a little walk after they eat, cross at the light and come this way. Also there is parking back here in either of these lots. Mr. Ross: Roxy, is there any outdoor lighting in the front? Mr. Rapp: No, there is not. Mr. Ross: Are there going to be any changes to things like electrical equipment, transformer pads, etc.? Mr, Rapp: Yes. As soon as I get the approval from the city, that will probably go in the back. There is a vault back here that the city would like to have above ground. This is behind the building. Mr. ,,Ross: Is that an underground vault now? (Yes) And the city would like to move it up? (Yes) Have you though~ about some places for it? Mr......Rapp: I think the city would like it to go right there. Mr..Ross: About the same spot? (yes) What about the gas meter? Is that going to be moved? Mr. Rapp: As far as I know, it will not be. Mr.......Ross: Will the building be retrofitted with a sprinkler system? Mr. Rapp: At this time, no. Mr. Ross: So you do not have a riser or backflow preventer in the plans now. (No). Since he has been referred to a number of times, I will ask John Northway to talk a little about the overall pedestrian circulation out there. Mr. Northway: This is very exciting, because this is the first of what we hope will be a series of projects out there that will start implementing the master plan that we have all been talking about. It is also an example of how free enterprise moves a lot faster than public projects can. This project is moving ahead and is having to operate under the straitjacket of the CN zone and not under the more workable zoning we are talking about ultimately for this area in the master plan. When you look at this building, it is like the remodeling of the first room in the house. It is going to be a lot cleaner and a little different from what is already out there. We are working with the Co-op to redo some of their exterior, a~d they are thinking about some changes which would be very sympathetic to this project. They are going to be opening up the front of their store that fronts on Middlefield Road also, " 7 The circulation in the master plan is that the parking will basically be in the back part of the whole quadrant. We will be encouraging people to be fixing up the rear sides so that people can circulate from the back forward. Ultimately, we are going to have to address the problem of Middlefield Road. We have a lot of studies on that showing that it can go down to two lanes without an enormous effect, but that is a political third rail at the moment, and we are not going to deal with it. We want to get Midtown up and going and not get stuck in the mire of whether Middlefield Road should be redesigned or not. Basically, I think what you are going to see is an incremental execution of the upgrade of Midtown. There are about 12 different properties there, 12 different property owners, properties in various states of repair or non-repair. People will be coming in with individual projects. We have been working with Tom Richmond who is putting together a master landscaping plan, parking plan, and circulation plan. We finally have gotten a complete survey from Brian, Kangas and Foulk, and we will be working with traffic people to get the traffic light moved. So you are going to see individual projects coming through that are going to start tying in to the whole master plan. We may have two or three projects in place before the master plan is in place. That is the way things often work. Mr., Alfonso: I would like to know what happens in that little space? What does the tenant have to be doing in the adjacent building on the left? There is a gate there now. Is that intended to be just an alleyway between the buildings? Mr. Rapp: That belongs to David Lee, the adjacent property owner. Right now, it is a little shed area, and the front part is where he keeps all of his gardening equipment. David does an excellent job of keeping up the landscaping. He is always planting new flowers and keeping his front clean. He keeps his hoses, brooms, etc., in there, and behind that shed is where there is a walk in for the florist. Basically, that’s it. Someday, it would be great to have that as a walkway through, but perhaps not now. Mr,Alfonso: That is what I was referring to, whether that is what it is intended to be. Mr.Rapp: Maybe someday we will see it. Mr,Ross: If there are no other questions for board members, I will open the public heating. L~yrm Chiapella, 631 C01orado...Avenue. Palo Alto: I have just seen some of the landscape ideas, and I think this will be a significant upgrade. The problem I have is that this really should be treated as a major design review, in my opinion, due to the intensification of use and the lack of existing employee parking. I believe he needs an conditional use permit because he is going from what is allowed in the CN district of 15,000 square feet to almost 20,000 square feet. He is going from a neighborhood retail service and food outer to a regional outlet which will generate a different type of traffic pattern. We have had significant parking and traffic problems on Colorado Avenue where I live. 8 I don’t think these issues were dealt with at the staff level prior to this. It may have been an oversight, I don’t know, but it is clearly demarcated in the zoning that he is only 15,000 actual square feet of retail usage. There are exceptions for certain kinds of things, but Bergmann’s itself had a beauty salon, and it had a little restaurant. It had a gift shop of some type .upstairs, as well as a children’s store. I think there are some things that are missing anyway that need to be addressed before this is approved. The project is located in the CN zone which allows 15,000 square feet for retail services, per 18.41.050. He is proposing an extra 4 to 5 thousand square feet of development which did not previously exist as retail space. According to the tax record, the building was possessed of 11,500 square feet of retail. The planning division and the city manager’s department supplied a figure of 14,000 actual square feet, and now we have 19,000 square feet. This has all been done in the last year. I think you are being asked to ignore parking and loading requirements as per 18.83 at the same time that you are approving a differem and more intense usage. Lately, there have been 24-hour deliveries being allowed all through the back of Midtown parking, which is a city parking lot. There is no parking and loading there. I don’t know where the parking and loading is on this. I assume that the city parking lot will provide the parking and loading. That also is the two-hour parking spaces for customers, so I am not sure how that has been resolved by staff. It appears tO me that you may be reducing the potential parking spaces in the city parking lot at the same time that you are intensifying uses, building by building by building. I believe that should be addressed. It does not appear that city sidewalks are going to be redone or upgraded in this project. I don’t know what materials are going to be used fight now. It is kind of a concrete out there, not very attractive. I think the planting he has proposed is a good one. I would hope that those planters would be increased in size, at least between the ones next to David Lee’s property, which is at the left side of the front. Rather than being twelve feet, I think eight feet is adequate, and even in rainy times, there would be an opportunity to get from one to the next without getting wet. Others in that area have been required to upgrade their sidewalks at great expense when they have just done simple driveways, such as was done across the street, when someone had to upgrade the whole sidewalk when he just wanted to improve his own driveway. I don’t know what the street trees are that are going to be planted. The street trees have not been overly successful, particularly at the bus stop, which is a very bleak area. I would hope you would consider at least another street tree on each side of the bus stop. There is a seat there, and in the summer, it gets a blast of sunlight because there is no tree on each side to give any shade. It is a very, very unattractive bus stop. It blocks Middlefield Road when the bus stops, and is very unattractive and is very congested. So I would hope that you would take a look at possibly two new street trees with irrigation going to all street trees in front of the building, because frequently, you irrigate the new trees but not the old trees. The old trees continue to climb. They have not been successful in that area, in general. You have addressed putting in eight new trees because he has cut down the two large mature trees, so he has addressed the problem of removing the two trees. I believe he addressed the problem of the garbage that was on the neighbor’s property. (Yes) Thank you. So I do think there are some things that need to be addressed before this is approved. The zoning is important to consider before you approve this. It would be setting a precedent to approve it without considering the zoning. Mr. Ross: Lynn, could you clarify two things in your comments for me? When you say, intensification of use, are you referring to intensification over what is there currently, or what was there when Bergnmun’s was in existence? Ms. Chiapella: When Bergmann’s was in existence. Currently, there is nothing there, so it cannot be an intensification of what is there. There has been nothing there for four years. ~.. Ross: Well, it is an intensification over what is there now. Ms. Chiapella: So it is definitely an intensification of what is there now. But when Bergmann’s was there, it was a neighborhood commercial outlet that had lots of little things that people would just walk into the store to get. This is really a regional store and depends upon a much larger area to support it than Bergmann’.s depended upon. Bergmann’s serviced enormous numbers of school children, for example, coming back and forth every day from school, through the little restaurant, through the children’s shop in the upstairs area. It also serviced people in the neighborhood because it had a little beauty outlet, etc. This really requires a regional drive to get there. It is not a neighborhood store in the sense that it would not be mostly patronized by neighbors. ~. Ross: The other comment you made is that there is a reduction of parking. Would you show me where that is? I believe you said a reduction of city parking. Ms. Chiapella: This parking lot does exist presently. It is the back parking lot. If the loading and delivery is not addressed as to where it is and how it will function and when it will function, in the past I don’t know what was done, but this was a very large, roll-up door. I don’t know if trucks just drove in there or did they park parallel, but as far as I know, this is part of the city parking lot here, and wouldn’t that be a problem? Will the loading be over here where the door is here, or is it back here where the door is or is it up here? I couldn’t figure it out. Mr. Ross: Thank you. I just wanted to make sure about whether the number of spaces was being reduced. The next speaker is Herb Borock. Herb Borock, 2731 B~0n Street, Palo Alto: I believe that this item should be continued to provide an opportunity for a conditional use permit to be filed and an environmental impact 10 assessment prepared and to be noticed, giving people an opportunity to review it, as required by law. The CN zone limits single use retail to 15,000 square feet without a use permit. There is no provision for permitting at this time. Either Bergmann’s was a use that was larger than that size, or it was not. If it was not, then clearly, there is no entitlement. If it was, that entitlement has " lapsed. Under the zoning code, Section 18.94.040(b), a nonconforming use for non-residential purposes which is discontinued or abandoned or otherwise ceases operations for a period of one year or more shall not be resumed. All subsequent uses of such a site and facilities thereon shall conform to this title. I don’t believe that the prior use of a single business was that large because of the restaurant and the beauty parlor that took up space there, as well. Even it was, that entitlement has lapsed, and a conditional use permit is needed. It is piecemealing to bring this in separately under a categorical exemption. Also, in terms of whether this-is a major or minor ARB approval and whether this requires fire sprinklers, that also comes into the question of piecemealing by coming in with two separate building permit applications, only one of which is before you today. So if the fire department is calculating the square footage to decide if enough value is created to require sprinklers, and they are only looking at one of the building applications rather than both of them, they may come up with the wrong answer. In their previous experience with Mr. Rapp’s partner in the Wells Fargo building where a loophole was used in the code to permit them to essentially remove a fire wall. Finally, on the question of project description, Roxy Rapp has passed out, I guess, a copy of the description of the firm. Board Member McFall asked for a project description, I believe, in the packet you received, and I understood you to say that you did not get one. There is a four- paragraph project description in the file from Stecker and Northway, so if you did not get one, you should. The conditional use permit heating and the EIA is the appropriate place to address the significant environmental issues regarding employee parking and loading trucks, since we are talking about a business which will have delivery trucks coming in from the outside, and also its own ti’ucks delivering materials. There is a question of required street side yards of 20 feet each in the CN zone, and various other environmental issues. This is the inappropriate place to discuss them, because there is no environmental assessment which is required because a conditional use permit is required for a single retail use of over 15,000 square feet that is not a grocery store. In the CN zone, a grocery store can go up to 20,000 square feet without a conditional use permit. So I ask you to continue this so that there can be the proper EIA prepared and a conditional use pemfit application filed, with noticing and the appropriate hearings in that regard. Thank you. Duane Dick: .The Co-op supports this application, and urges its expeditious approval. We believe that it is a good application and a necessary first step toward achieving the Midtown revitalization that we have all been working towards for the last several years. The Co-op hopes to have an application before the ARB sometime in 1997. We commend the staff recommendation that recognizes our current fagade treatment, and we appreciate that that recommendation can make our potential application more viable. We, as I am sure all of the 11 owners, are watching the process with great interest. Numerous times over the past two years, representatives of the city have given the process strong encouragement. The council, through funding various portions of the process, has indicated its willingness to help. In July, 1995, the term "partnership" was used at the council meeting and in subsequent meetings. The exact nature of the partnership was not clearly defined, and it has been evolving. How this application is considered by the ARB and city staff will further define that partnership. In regard to the partnership issue, I have several observations. Conditions placed on projects at the ARB approval level and the following staff level can have significant financial effects on the viability of any given project. The nature of conditions placed on this project in the Midtown revitalization process will set the standard for all of the other owners. One of the problems addressed at the highest level in Midtown has been the nature of the property ownership. Nearly all of the owners have very lengthy tenure, have tenants, and have little motivation to upgrade their properties. If numerous and cosily conditions are attached to this approval, the other owners may very well decide that it is far simpler to continue in their current condition rather than going through the approval process. Specifically, we have a concern about staff recommendations that call for owner improvements on public property. For such items such as sidewalk repairs, street trees and future project curb cuts, we believe that public property improvements should be completed at public expense in keeping with the partnership concept. Finally, we have concern about the proposed tree protection recommendations, especially the one that requires a tree enclosure to be erected at the tree drip line from the time that construction starts until final inspection. Such a requirement, especially for an owner with numerous large trees who is maintaining a business, would be onerous. Even on this specific site with a vacant building, strict compliance with this requirement would block all pedestrian traffic on the Middlefield Road side of the building, and it would also impact ckculation on the Midtown Court side. We urge the ARB, in the spirit of the Midtown partnership, to recommend that the city fund all improvements required for project approval that are on public property. Tree protection, especially for large trees, should be sealed down to avoid blocking pedestrian and vehicular traffic: When construction is completed adjacent to a tree, the tree protection should be removed, rather than requiring it to remain until final signoff. Thank you very much. Tom Foy, 2775 Middlefield..Road. Palo Alto: I am on the other side of the partner of the neighbor of Roxy Rapp. I want to take a couple of seconds to review a few things. The nine property owners in that quadrant have been meeting for almost two years, and generally, we have come a long way in getting together on agreements. Our goal is to provide a nice neighborhood, perhaps extended neighborhood, shopping area. It has not been easy to do that, because we have had nine people who are set in their ways for a long period of time and have done literally nothing, including the city. Now we have made some strides, and we think we are probably going to end up with a very nice shopping area, well landscaped, well designed, etc. So I also would like to endorse Roxy’s first step. Most of the things that Duane just said I concur with. The thing is that most of us have been there for a long period of time, and we have been operating our business out of our locations, as opposed to developing. That is a major difference. 12 We are now learning how to take the next step and do what we have to do in order to provide a nice shopping area. I am going to be coming before you also, sooner or later, hopefully sooner, and will probably be going through this process over the next few months. The only thing I would like to refer to is that I want to get it on the record here that on Page 4, under parking adequacy and access, in the next to last sentence, it says, "To exit or reach additional parking, customers must enter a-drive- though tunnel under the building to reach the city-owned lot, where additional parking is available. Under a longstanding informal agreement, access to the adj.acent parking is..provided from the Colorado Street lot." That also applies to my parking. Roxy and I have just begun to talk about keeping one access way in this parking lot into my parking area. Leo Bergmann and I had a handshake agreement on this for 30 some odd years, and I would hope that we continue to have the same kind of hand shake agreement or informal agreement. Thank you. .Mr.......Ross: Seeing no other members of the public wishing to speak, I will close the public hearing and bring this back to the board for comment. Alison, are there any additional comments you would like to make regarding conditional use permits, etc.? Ms. Kendall: I just consulted with Nancy Lytle upstairs, and we did review this application with Lisa Grote, the Zoning Administrator, and Nancy. At that time, the interpretation was that since this building represents no increase in square footage over the Bergmatm use, and that was a retail use, that size of retail, although in excess of the 15,000-square-foot limit, is still permitted under the preexisting arrangement. We will have to look into the section that the member of the public cited, which was 18.94.040(b). If a conditional use permit is required, then we will initiate that process. Ms. Lytle’s suggestion was that the ARB act today to review the design issues, and we could address other issues, such as overall parking adequacy, in the conditional use permit, if that becomes applicable. Ms. Weiss: We should also make, as a condition of project approval, that the applicant must apply for a conditional use permit. Allison: If required. Ms. Weiss: Yes. Mr. Ross: If required. That is an interesting condition. Ms. Weiss: You can make it a condition, and if we deem that it is not required, we can eliminate the condition. Ms. Kendall: We will get that issue resolved as quickly as possible. Mr. Ross: Thank you. We will now hear from board members. 13 Mr~....Peterson: First, let me address the issue of a future master plan. It obviously would be desirable if we had a master plan before us for the whole area, for obvious reasons. I would normally press very hard for that before we made some approvals. The master plan would obviously help us in determining the issues of parking, circulation, landscaping and the coordination of materials, colors, signage, etc. Having said that, I am not uncomfortable with reviewing this at this time, for a couple of reasons. One is that we really do want to help this area move forward in making the changes that they are working very hard to do. We do not want to put road blocks in their way to do it. Secondly, the design team that is represented here in this application is also the design team that is doing the master plan. I know them. I am comfortable with them. I feel sure that they have clearly in mind what is coming in the master plan. So I feel -comfortable that this will be an integral part of the resulting master plan of the whole area. So based on that, I have no difficulty in moving ahead with this. It is time to do so. In terms of the specifics of this project, I think the appearance and design of the building from Middlefleld Road is really excellent. I think it will be a signal and a flag, both for this building and for the whole area. I think it is very well done. I think the pedestrian circulation is very fragmented and difficult in this area. What the building will do for Middlefield Road I would like to see also signaling the same thing for the rear and side parking areas. Maybe that same kind of entry feel can be expanded and carried around to those other two faqades in some way. I realize there are entries there, but they are fairly minimal, and maybe there would be some way to enlarge them or give them greater importance. I think much of the traffic is actually going to come from that direction. Once they are in, I am sure they will go out the other way, and it will be very good for the whole area, so expansion of those two areas would probably be useful. The landscaping on the parking lot that is part of this application is really outstanding. It is really a pleasure to see an applicant trying to figure out how to get landscaping in rather than seeing how they can avoid putting it in. I think this is an encouragement for the city to do the same thing for its parking area, as a part of the master plan. The trellis is a very nice idea, and it is very nice that it goes inside the building as well as outside. It may be that it could be extended on the sides in some way to signal connections to the other businesses and circulation in that direction. But it is very good the way it is. That is just something you might look at. To address one of the comments made about tree protection, I think in the past, the required tree protection has been flexible to meet site conditions. I cannot imagine that the city is going to require that you screen offthe whole area and prohibit pedestrian circulation. I don’t think that will be a major problem. I think this is a first step to a sorely needed improvement, and I am in complete support of it, and wish you well. Mr. Alfonso: I agree with Bob about the issue of the fragmented entry. I think that it is, in part, the nature of all of the existing conditions, but one of the entries that I have the most to say about is the front entry. I appreciate the bold move to create a facade that has kind of a beacon quality 14 in the neighborhood to begin this process of renovation. I also appreciate the intent of the landscaping to help in that area, although I feel that building it self is a bolder move than the landscaping. I find the landscaping somewhat weak in its intent. The front concept, as I understand it and as Mr. Rapp pointed out, is an idea for an outdoor gathering space given all of the open doors, etc. I feel that without any further canopies in that front area, it really is not going to work that way. I have a feeling that it will be pfmarily a place to move through, not to linger in. Regarding this revised landscape plan for the front, again, I feel that especially on the left portion adjacent to Mr. Lee’s building, that may even seem to be a better place to create a space for being, rather than having a bench over on the other side. I have a question about the issue of a place to be. Although I think that the use of a tree canopy and a kind of extension of the trellis is a very nice one, the fact that the diagonals on the facade tend to abstract the branching nature. All of that is very good, but I would encourage this area to be developed further and to have a bolder use of landscaping in the front, which I feel would be really appropriate. Outside of that, I find this to be a really good step forward in this area. That completes my comments. Mr. McFall: I would agree with Bob’s initial comment regarding the phasing of the various projects in Midtown in relation to the overall master plan. Ideally, it would have been nice to see the overall concept initially, but in this case, it certainly is not working. I would suggest that to make the master plan really move along, you must have some impetus, some momentum, and these kinds of projects will help generate that. So I am very comfortable with looking at this prior to seeing something for the whole Midtown area. I would also like to note that I am very excited to see something happening here. I have been hearing about it and reading about it, and now, it is nice to see something that is actually going to happen, and happen soon. That pleases me greatly. Regarding the project itself, I like the idea of opening up the front elevation. As we have seen, with additional glazing, the canopy or trellis coming out is a good idea. Certainly with sun control being an issue here, I like that idea very much. I agree with Bob in that the main entry on Middlefield Road is very vibrant and lively, yet a lot of people will be using the other two sides to come to the building. Those areas need some of the excitement that we see on the Middlefield side. So I would also support the notion that perhaps something could be done, particularly on the north side where I see a lot of foot traffic coming in because of the parking there. Perhaps a more defined, more interesting entry could be created there. I actually had never seen the back of the building until I drove by this past week to look at it, because I had always gone into Bergmann’s from the Middlefield side. It was a big disappointment to see what is and what isn’t there. There is not much there. I could see this really helping that whole north end of Midtown acting as a focus to draw customers into this building, as well as to other retail uses. One of the concepts I find very interesting is this idea of the folding doors and opening up and bringing the store outside: There is a built-in plaza space here because of the location of building relative to the sidewalk and the street. So I think that may happen. My big concern has to do 15 with the amount of traffic, and I am sure this will be addressed in the master plan, but with four lanes of traffic, I am a little hesitant to endorse the notion that there is going to be a lot of people sitting out there with the noise and fumes. Frank raises a very good issue. If it is going to happen, perhaps you need something such as another roof or a tree canopy out there, or pullit into the middle of it to create a room, even though you are outdoors, creating some notion of some separation from the cars. I think that is a very viable concept, and I encourage the applicant to look at that. It would make the building that much nicer to do something like that. I have a few comments about conditions relative to the building. I would agree with the applicant that the western elevation is not in need of plastering. The concrete block reflects what is on the market, and I am comfortable with leaving that exposed concrete block. I think signage is important, and of course, that will come back to us. I am not of the opinion that we need to condition this approval on the signage. That will come back and have to stand on its own. I would echo what you have already heard about the landscaping. It is wonderful to see plantings and trees added. It could go a little further, as we have been hearing about this frontage, to where additional landscaping in front of the folding doors might address that issue. That completes my comments, and I am excited to see it. Mr. Ross: Would any of you care to comment staff Condition #1C which requires that instead of the bosque of trees on either side of the entry, that there be one or two large trees on either side? Mr. Peterson: I would be glad to respond to that. In combination with Frank’s suggestion of a tree canopy in the front, I think that is a very good idea to extend and enlarge that. I think we should leave it to the designer to decide what that should be like, whether it is a bosque or whatever. I think additional trees are desirable, but it should be the designer’s choice. Mr. Alfonso: I think there are perhaps enough trees in terms of the numbers. Just the placement could work for better use to create outdoor space for this place where people could interact and be. The columnar quality of these trunks can create space, and people will respond to that. So I do not see the need for a lot more trees, but perhaps just rearranging what is already there. ~. Ross: If we approve this project without modifying the staff condition, then it would force a redesign of that entry to be one or two trees flanking the.entry rather than the bosque of trees that are shown now. That is why I asked the question. Mr. McFall: I think we would want to modify the condition. Ms. Kendall: Could I just note that the intent of the condition was very much as you described, to create a tree-covered space in the front of the building. Mr. Ross: I am very supportive of the project. I live two blocks from the site, and I have been waiting for a long time for something to happen to start the improvements. I am very pleased to 16 see this. I think it is going to be a beacon for further development both by the private property owners surrounding it and by the city. So I am really glad to see something starting up here. I think the nature of the facade of the building suggests that too many trees, while providing a good canopy, may obscure a little bit the effect of the transparency. You tend to lose that from more than a couple of feet away, especially across the street, where there is very much of a forest in front of it. While I do like trees very much and appreciate the shade that they provide, as well as the sun shade of the building, I think they need to be looked at with the interaction of the facade a little bit. So I would support moving that last sentence of Condition #1C into Condition #6 as a consideration in the submittal of the final landscape drawings. I would call that Condition #6H, because there is a Condition #6G that I would like to add first. At any rate, the interaction of the landscaping and the building here will be a crucial part of how wonderful this building looks. The trees at the entry need to be looked at a little more from that point of view. As Roxy pointed out, there is also some consideration being given to vines on the east elevation that would grow up the side of the building. I support that very much. Regarding the plaza at the entry, I have my doubts about whether people will stop there for very long. If there were a table to sit at or benches to sit upon, people might linger there for a few minutes, and it is going to be a more pleasant space than the bus stop which is close by. I can see waiting there for the bus instead of out by the street. But because Middlefield is really quite noisy at that point, I don’t think it is going to be a place where a lot of people are going to sit and enjoy a cup of coffee and interact. So I do not see it as much of a gathering place. I think the master plan for the overall shopping center is probably going to identify some gathering places. My guess is that the gathering that takes place here is a meeting of friends or neighbors on their way in and out of the building, not much more than that. So I do not feel too strong a need to create more of a usable plaza space here for that reason. I just don’t think that it is going to be used much more in that way, even with the number of amenities. I like the color of the stucco very much. I am a fan of integral color stucco, and I have seen at least one other project in this color. I think it is going to be very distinctive, very different from what is there. People will believe that the existing building was demolished and rebuilt because of this very strong change to the building. I think it is neat to express the structural elements there, so I am very supportive of the way it looks. On the conditional use permit question, we will rely on staff to provide us the interpretation that they can support and defend as to the way the building is used internally. We do not have figures in front of us for the actual use inside the building. I suspect that there are going .to be restrooms. and some office space for the people that own the business, so I do not have a basis on which to say that there is going to be 15,000 square feet of retail use inside the building. That is a question that needs to be explored a bit further and supported by staff-. We will certainly add a condition that if a conditional use permit is required, that the applicant shall apply for it and procure it before they submit for the building permit. So I am very supportive of the project, and I am ready to entertain a motion. 17 Mr. McFall: I have one question. There was a landscape plan for the Colorado parking lot that was handed out, and I think it came in today. _Ms. Kendall: It was not part of the application, but we can get that to you. Mr. McFall: This addresses a number of the staff conditions. I would question whether we need a street tree along here if this (landscaping) is going to occur. So I would strike Condition #1A. MOTION: Mr. McFa!!: I move that we approve the project with a number of items to return to the board. Condition #6 regarding final landscaping and irrigation plans to be submitted to the ARB, to include the following modifications. Revise the landscaping at Colorado Avenue parking lot per Richmond drawing 1 December, 1996, to include circulation to the adjacent parking lot. That would strike existing Conditions #1A and lB. Then Condition #1C, the landscaped area in front of the building along Middlefield Road shall be modified so as to create a tree-shaded pedestrian area with outdoor benches and the possibility of outdoor displays or tables and chairs. I would strike the next sentence entirely. Mr. Ross: Making that a lot more flexible. Ms. Weiss: Do you want to move the last sentence to Condition #H? ~. Ross: Maybe not. We have landscaping in two different areas. It is a bit of a toss up as to which area a certain item might go. I don’t suppose there is any good way to roll all of this into one condition. ~. McFall: I think Condition #6 could remain as more or less the standard condition, and Condition #! would be the specific issues involved. I would strike the next sentence about one or two large trees and give the designer the flexibility to address our comments today. Mr. Ross: Cutting C down to one sentence? Mr. McFall: Yes, unless anyone else has any specific conditions. That would be Condition #lB. Then Two, final architectural plans shall return to the Architectural Review Board to include the following modifications: I would eliminate 2A, 2B, andmake 2A "Modifications to provide additional architectural interest at east and north entries." Three looks okay. One possible modification which we have addressed on other projects would be regarding fencing and the drip line. In this case, it does not work with the existing acacia, certainly. Does the planning arborist do site inspections? Ms. Weiss: The planning arborist was hired just as project was submittted, we can have him look at the landscaping and other street trees and ask him if he can recommend protection measures. 18 Mr......McFall: Can he coordinate with the owners and landscape architect as far as fencing? Ms. Weiss: We could suggest "Shall consult with the project arborist" .Mr.,......Ross: Maybe they should devise a specific plan for this site and submit that. It might be better than the list of standard conditions. Also, just to make it clear, can we state that it is the plan that needs to be submitted before issuance of a building permit, not that the tree protection itself has to happen before issuance of the building permit? Ms....Weiss: Okay. Submit a tree protection plan. .Mr~.....McFall: Then four, which is not in there, we can continue to leave out. Has it already been eliminated? Five is okay. For six, we would need the second half of seven to be included there. There was a 6G somewhere. .Mr.....Ross: I will leave those with Condition #1. Mr. McFall: I would eliminate Condition #8. Mr...Ross: Before we do that, let me ask staffa question. Is itanticipated that there will be multiple tenants in the building, and that is the reason for the master sign program? Ms..Kendall: The assumption is that there would be a succession of tenants. By designing a sign program that went with this architectural concept, you could have a unified concept. Since the signage concept is not obvious from the building design-certainly we don’t want to continue with the current pattern. Mr.....Ross: Then I can support eliminating Condition #8 and looking at the actual application. ..Mr....McFall: Condition #9, regarding the trash enclosure, the applicant mentioned that the trash would be inside. Does that comply with city requirements as far as access and recycling are concerned? Ms....Weiss: Yes, actually the city scavenger company and the public works department make that determination. So unless we hear otherwise, we have to ask them to tell us for certain. Mr. McFall: So the applicant needs to resubmit a plan as to how that is going to be addressed. Mr....Ross: In Condition #13, there needs to be some Class 2 or 3 bicycle racks adjacent to the from entry. They are not being shown on the.plan now. Can we hold that back in Condition #1? Ms. Kendall: It gets reviewed by the transportation staff. If we move it, it might be more difficult for them to find it. 19 Mr. Ross: I don’t mind a condition listed under transportation so they know where to look, but in terms of the applicant’s being able to integrate all of these items in the same plan --. Ms. Kendall: We can repeat it. Mr. Peterson: One question on Condition #15 on the fire department, when is that determination made as to the need for sprinklers? Ms. Weiss: When they submit for building permits. Mr......McFall: So that is pending. Mr. Ross: That, as I understand it, is standard operating procedure. The fire department does not try to make that determination without actually seeing the improvement plans first. Ms. Weiss: That is correct. Mr. MoFall: End ofmotion. SECOND: By Mr. Ross: I would like to get one clarification made. Jim, is it your intention that all of these items, or just some of them, will come back to this board for review? If so, which ones? .Mr....McFall: Condition #1 would return. Condition #2 would return. Condition #6 is already indicated to be returned. Mr. Ross: All those in favor of the motion? That passes unanimously. Thank you very much for bringing this in, and thank you to the members of the public for coming in to speak. 20 Attachment F Architectural Review Board Agenda Date: To: Staff Report Item No. II.1 January 2, 1997 Architectural Review Board From: Subject: Alison Kendall, AICP, Planner 2741 Middlefield Road Stoecker & Northway, Architects Inc. Department:Planning File No.: 96-ARB-190 REQUEST/PROJECT DESCRHrI’ION Review of exterior remodel to front, back and side facades and increase in square footage of existing retail building, including seismic upgrade and landscaping changes. RECOMMENDATION Staff recommends approval of the proposed exterior building renovation and landscaping, subject to the conditions presented at the end of the staff report. Minor redesign of the redwood trellis proposed for the from and rear of the building to increase its compatibility with the trellis element at the Coop market, to help provide a unifying element in the design of the Midtown area. This might include a change in the placement of the redwood trellis elements to be above the steel cable-supported frame and perpendicular to the building frontage. POLICY IMPLICATIONS This. project is located within the Midtown Revitalization Project Area, an area for which proposed new zoning is being prepared to encourage revitalization, along with a program of public and private improvements. Renovation and rental of this building would ce~y serve the objective of economic revitalization of the area, although the proposed retail use for sales of office furniture, computer software, books and related items does not reflect the neighborhood-orientation preferred in this neighborhood commercial district. A:~trbX274 lmidd.~r Page I The proposed use is, however, a permitted use in the district. (~<~mprehensive Plan Urban Design Element. Objective. page 42: "Promote visual environments which are of high aesthetic quality and variety, and considerate of each other." The proposed exterior renovation presents an upgrade to the appearance of the building which continues the stucco earthtones and redwood trellis elements found elsewhere in the Midtown area. The teal blue brace frame on the front of the building exterior is a bold new contemporary element which is not found in the existing center, but which could add color and excitement to the street, while improving the building’s .. seismic resistance. Teal aluminum windows continue this color theme on the other facades. Conditions of approval are recommended if desired to relate the redwood trellis elements more closely to existing buildings in the center. Urban Design Element. Objective. page 42: "Encourage maintenance of trees andplan~ing of new street trees." The project involves the retention of an existing Melaleuca tree in front of the store and the expansion of the landscaped area in front of the store from two small planters to two large landscaped areas which could accommodate substantial tree planting. Existing street trees would be retained. The parking lot on Colorado Street contains no landscaping. Conditions of approval should include landscaping of the lot, including trees in the planter areas along Colorado and in the "sawtooth" area not needed for the diagonal parking spaces. DISCUSSION Background The proposed project includes facade and landscaping improvements to an existing non- conforming retail building in order to accommodate a new retail business specializing in office furniture and other products for the work eavironment. Analy.sis - Compliance with ARB Standards The project as revised and as recommended by conditions of approval, would comply with the standards for architectural review, as set forth in Chapter 16.48 of the PANIC. Compliance with standards pertinent to this project are presented as follows: 1.. As discussed above, the design, as proposed and conditioned, would be consistent A:~’b~741 midd.sr P~ge 2 with the Urban Design Element of the Comprehensive Plan. The exterior renovations present a building design that would be suitable for this prominent location and appropriate for this site, which is a key location within the Midtown Revitalization Project Area. The design combines earthtoned stucco and redwood, materials characteristic of buildings in the area, with teal meatal bracing and windows which would provide a contemporary accent. 2. The design would be compatible with the immediate environment of the site. It maintains the existing building height and size, which at two stories is appropriate for the kind of vital neighborhood retail district which is desired for Midtown. With minor revisions to the redwood trellis as recommended for conditions of approval, the trellis could provide a unifying element within the Midtown center which relates to the neighborhood’s architectural character. 3. The renovation proposes superior building materials and textures as well as an innovative design, these factors are an appropriate expression to the design and function of the project. (Standard #12) With some minor revisions as contained in the conditions of approval, the adobe stucco treatment would be extended to all sides of the building, a distinct improvement over the current painted concrete block. 4. As recommended by conditions of approval, the landscape design concept for the site would create a desirable and functional environment. The proposed design offers the opportunity to increase the amount of landscaping, and specifically the amount of significant tree planting along Middlefield. By making some changes in the landscaping plan, the proposal could help enhance the Middlefield frontage as a more vital, pedestrian area. The conditions would make less of the landscape area off-limits to pedestrians, and more use of outdoor seating, trees, colorful window displaus and other features to encourage pedestrian use of outdoor area. Conditions of approval would require tree planting and landscaping whereverpossible in the parking lot, improving the appearance of the area and the pedestrian experience along Colorado while maintaining the function and capacityof the existing parking lot. (Standard #13) The site provides opportunities for new landscaping and pedestrian improvements which could significantly improve the appearance of the Midtown area and help create an attractive pedestrian network throughout the site while improving the appearance of driveways and parking areas. A:~’b~/41 midd.sr Page 3 The character of the front yard landscaping should be changed from the proposed design, which reduces the pedestrian area and disrupts pedestrian travel between this storefront and others in the center. Instead, a revised design should create a tree-shaded area for pedestrian, benches and outdoor tables and stalls which would attract passersby to linger and explore the area. The pedestrian area in front of the building should relate and connect to other pedestrian improvements on adjacent properties and elsewhere on the site in order to improve the cohesiveness of the pedestrian experience in a revised landscape design. Parking Adequacy and Access The existing building has an FAR of 1.0 and lot coverage of 62%. Since the current zoning requirements are .4 FAR and 50% lot coverage respectively, this building is substantially larger than permitted by the ciarrent zoning. The building does not meet CN parking requirements, and although it is also directly accessible from the City-owned parking lot in the rear, this public parking is shared among all retail tenants. Because of these conditions, concerns have been raised regarding the adequacy of the parking to serve the proposed use, and whether any design changes are possible which will increase the efficiency of the parking available. Because the proposal seeks only to maintain existing non-conforming conditions, no additional parking or reduction in square footage may be required as a condition of approval. The proposal does not include any changes to the existing on-site parking lot, and maintains the current number of spaces (16). These spaces do not meet current requirements for stall size or backup width. Access is provided from Colorado Avenue to a one-way drive with diagonal parking. To exit or reach additional parking, customers must enter a drive through tunnel under the building to reach the City-owned lot, Where additional parking is available. Under a longstanding informal agreement, access to an adjacent parking lot is provided from the Colorado Street lot. Design’s Contribution to Midtown Character The proposed design harmonizes with the predominance of earth-toned stucco and redwood elements found in many of the better maintained buildings in the Midtown retail area. The proposed teal metal frame and window elements would add vitality and a contemporary feel while still harmonizing with the background palette of materials and colors. The improvement in finishes and landscaping proposed would enhance the appearance of the Midtown retail area, and the accommodation of a major retail ~enant in a previously vacant storefront would help to attract other businesses to the center. However, the activity and interest of the street facade could be enhanced beyond the improvements proposed. Among the possibilities are the inclusion of other retail uses with separate entries, such as a cafe or bookstore, or the incorporation of outdoor display space or seating. The application does not include signage, but compatible signage that incorporated colorful banners or hanging pedestrian scaled signage could also enhance the interest of the facade. Zoning Ordinance Compliance The existing building does not comply with the following zoning requirements, however the proposed design will not increase this lack of compliance and is therefore allowed. 1) Parking Requirement: Existing Parking: Proposed Parking: 1 space per 150 SF or 130 spaces 16 spaces 16 spaces 2) F.A.R.Requirement:,4 FAR Existing FAR:1.0 Proposed FAR:1.0 3) Lot Coverage Requirement:50% Existing Coverage:60 % Proposed Coverage:60 % 4)Maximum Floor Area for Approved Use: Requirement:15,000 SF Existing:19,261 SF Proposed:19,261 SF Zone Designation CN Retail PUBLIC NOTICE Notice of this project was provided by publication of the agenda in a local newspaper of general circulation. A :’arbOr’/41 tllidd.lr ~ 5 TIMING ACTION LIMITS: Date project received: November 11, 1996, revised December 10,1996 Date application deemed complete: December 10, 1996 Action time limit: (105 days after project deemed complete) Optional extension upon applicant’s request: (90 days after action date) ENVIRONMENTAL ASSESSMENT The project is limited to exterior renovations to an existing building, and minor interior alterations. This activity is categorically exempt from environmental review under Section 15301 of the California Environmental Quality .Act. CONDITIONS ~or to Issuance of a Building Permit Planning/Zoning 1.The final site and/or landscaping plan shall include the following modifications: ao The planting of a street tree along Colorado Avenue near the NE boundary of the site. The selected species shall be recommended by the City Arborist after consultation with the Midtown Contract Planner. The specific location for planting and the tree size shall be determined in consultation with the City Arborist. A landscaped "parkway" (location between the sidewalk and the curb) shall be installed below the new street tree. The parking lot on Colorado shall be landscaped so as to place at least one tree within the two triangular planting areas along Colorado Avenue, and at least one tree within each row of parking, with smaller, ornamental trees or shrubs within the "sawtooth" area created at the front of each stall. The overall aim shall be to shade the parking area and to partially screen the view of parked cars whi~e generally enhancing the area. c. The landscaped area in front of the building along Middle field should be modified A:~arbk2741midd.sr Page 6 so as to create a tree-shaded pedestrian area with outdoor benches and the possibility of outdoor displays or tables and chairs. In particular, the northernmost landscaped area shown in the plan should be reconfigured so that it does not cut off the connection between the entry to this store and the arcaded walkway in front of the existing building to the north. One or two large trees on either side of the entry, with an attractive pavement beneath, should be used rather than a bosk of small trees with ground cover as suggested in the conceptual plans. 2.Final architectural plans shall include the following modifications: The adobe plaster treatment proposed for the front, back and east elevations wall be extended over the entire exposed wall surface of the west elevation, since this wall is also highly visible from parking areas within the Midtown center area. Modification to the redwood trellis design in accordance with guidance from the Architectural Review Board and this staff report. All public trees to be retained, as shown on the approved tree inventory or landscape plan to be prepared and submitted to the Planning Division, shall be protected during construction. The following tree protection measures shall be approved by the Planning Arborist and included in construction/demolition contracts and be implemented during demolition and construction activities unless otherwise approved. The following tree protection measures shall apply: PAMC See. 8-04-070. Any. modifications to these requirements must be approved, in writing, by the Planning Arborist. All trees to be preserved shall be protected with six-foot-high chain link fences. Fences are to be mounted on two-inch diameter galvanized iron posts~ driven into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The fences shall enclose the entire area under the dripline of the trees. The fences-shall be erected before construction begins and remain in place until final inspection of the building permit, except for work specifically required in the approved plans to be done under the trees to be protected. (See Public Works Department’s standard specification detail #505). No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. c.The ground around the tree canopy area shall not be altered. do 5. SBP16 6. SBP17 Trees to be retained shall be irrigated,-aerated and maintained as necessary to ensure survival. The ARB approved building materials and color scheme shall be shown on building permit drawings for all buildings, patios, fences, utilitarian enclosures and other landscape features. Detailed landscape and irrigation plans encompassing on- and off-site plantable areas out to the curb must be submitted to and approved by the Architectural Review Board. A Landscape Water Use statement, water use calculations and a statement of design intent shall be submitted for each project. All existing trees identified both to be retained and removed including street trees. Complete plant list indicating tree and plant species, quantity, size, and locations. Irrigation schedule and plan. Fence locations. eo fo 7. SBP19 8. SBP20 Lighting plan with photometric data. Trees to be retained shall be irrigated, aerated, and maintained as necessary to ensure survival. Signs (not included in this proposal) require a separate application. Sec.16.48.050a, Sec.16.48.120a(14), Section 16.48.120(c). These plafis should be prepared by a licensed landscape architect and qualified irrigation consultant. Landscape and irrigation plans shall include: The owner shall develop an overall sign program for this property. Sec. 16.48.120(c). 9. SBP21 Details of an opaque, screen trash eficlosure are to be submitted to and approved by the ARB. The project shall include a recYCling area or P~8 enclosure which complies with the design guidelines adopted by the ARB and approved by the City Council pursuant to Section 16.48.070 (PAMC). Sec. 16.48.120a (12), Sec. 16.48.120(c). 10. SBP22 The applicant shall submit a final grading and drainage plan to Public Works Engineering, including drainage patterns on site and from adjacent properties. The plan shall demonstrate that pre-existing drainage patterns to and from adjacent properties are not altered. Sec. 16.28.270. 11. SBP23 The proposed development will result in a change in the impervious area of the property. The applicant shall provide calculations showing the adjusted impervious area with the building permit application. A storm drainage fee adjustment will take place in the month following the final approval of the construction by the Building Inspection Division. Transportation 12. SBP29 Signage and landscaping shall meet the sight distance requirements of PAMC 18.83.080, applicable to project frontages where driveways are present, and in parking lots. Landscaping shall be specifically identified in the landscape plan as meeting these height requirements. 13.Bicycle parking is required in accordance with PAMC 18.83. Class 2 and 3 parking must be located as close (o the front doorway as possible, which may require some redesign of the front area. Additional Class 2 and 3 bike parking should be placed near the side entrance to the parking lot on Colorado, if this can be accomplished without displacing existing parking. Utilitie~ 14. SBP30 All utility meters, lines, transformers, bacldlow preventers, and any other required utilities, shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and landscape materials and shall be screened in a manner which respects the building design and setback requirements.. See. 16.48.120 (a)(13) and (c). See. 16.82.060 (c) 15.The Palo Alto Fire Department will be reviewing the renovation cost of A:~trb~-~741 midd.sr Pa~ 9 improvements to see if PANIC 15.04.170, Subsection 1003.2.9, 5) becomes applicable for automatic sprinklers imtallation throughout. Please review the referenced section of the PAMC on improvement .costs. Prior to Issuance of Building Permit 16. IBP5 Color chips to match the colors specified in the building permit drawings shall be attached to the cover sheet of the building permit drawing set by the Project Planner. Section 16.48.120 (a)12 and (c).IBP16. Public Works Ot~eration 17. IBP16 Street trees shall be required in 24-inch boxes spaced at minimum 30-foot intervals along project frontage. Species shall be determined by the Planning Arborist in consultation with the Midtown Contract Planner. Newly planted street trees shall be irrigated and maintained by the property owner. D,,l~ring Construction Public W.orks Engineering 18. DC8 The contractor must contact the CPA Public Works Inspector at (415). 496-6929 prior to any work performed in the public right-of-way. 19. DC12 All construction within the City right-of-way, easements or other property under City jurisdiction shall conform to Standard Specifications of the Public Works and Utility Departments. Prior to Finalization Planning, 20. PF4 The landscape architect shall certify in writing and submit to Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and that irrigation has been tested for timing and function, and all plants including street trees are healthy. Public Works/Engineering A :~’b~.741 midd.sr P~¢IO 21. PF6 All sidewalks bordering the project shall be repaired and/or removed and replaced in compliance with Public Works approved standards. Sec. 12.08.010. 22. PF8 The Public Works Inspector shall sign off the building permit prior to the finalization of this permit. All off-site improvements shall be finished prior to this sign-off. ATTACHMENTS: Plans (ARB members only) COURTESY COPIES: Christopher Thnay, Transportation Prepared By: Manager Review: Alison Kendall, Contract Planner Lisa Grote, Zoning Administrator Nancy Lytle, Chief Planning Official AAarb~741mldd.$r Page 11 JAM 16 "97 II:33AM JORGENSON, SIEGEL January 16, 1997 Attachment G Ken Schreiber, Director of Planning and Co~mmlniny Envlronment City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Re:2741 Middlefieid Road (the former Bergmann’s) I am writing on behalf of Gon Shink and RoxyRapp, the owners ("Owners") of the Berg~a/ln’s Building (~Building") at 2741 Middle£1eld Road in PaloAlto. The Owners bed planned to lease the entire 19,260.square foot Buildin~ to Matt and Gall Taylor for a KnOwhere Store (selling. furniture, books., and music), and I understand they received ARB approval with conditions for the Building’s renovation on January 2, 1997. However, at that meeting, Herb Borock raised the question as to whether more tha!115,000 Of retail use in this location should be permitted without a conditional use permit. The Building is located in the CN zone, where retail services per establishment are not permitted to exceed 15,000 square feet without a conditional use permit. Zoning Ordinance §18.41.050(k). Bercjw~nn’s is a grandfathered non-conforming facility, and it was assumed by the Owners (and presumably the staff) that the retail use was also grandfathered. The retail use, however, was discontinued over a year ago, and Section 18.94.040(b) states that in such a case, the non-conforming use must be replaced with a conforming one. Therefore, the Planning -Department has now informed the Owners that if the Building is to contain more than 15,000 square feet of retail, a conditional use permit must be received. The Owners do not wish to apply for a conditional use permit; rather, after discussions with the Taylors, they have another proposal. The Taylor~ wish "to use 14,743 ~q%lare feet for retail JAM I~ "97 II:~3AM JOR~EMSON, SIE~EL P. 3/3 Ken Schreiber January 16, 1997 - Page 2 space and.4,517 square feet for general business offices for their consulting business. The Zoning Ordinance allows office uses, such as a general business office, not to exceed 25% of the lot area, provided that a lot shall be permitted to have at least 2500 square feet of office but no more than $000 square feet. Zoning Ordinance ~18.41.050(i). The BergmaEhn’s parcel is 19,260 square feet, and 25% Of that is 4781 square feet. The Taylors own two separate and distinct businesses: KnOwhere Stores and a consulting business knova% as MG Taylor Corporation. Literature about both of these businesses was previously provided to you. Although the businesses are both owned by the same couple, they are two distinct businesses with two separate functions--one is not accessory to the other. The description of uses in the CN zone does not state or in any way imply that two distinct uses cannot occupy the same building. The limitation on uses refers only to floor area. See Zoning Ordinance §§18.41.050(k) and (1). The Taylors plan to separate the retail use and office us~ with a wall, and the pl~ns for the building permit will be cross-hatched to identify which section of the Building is permitted to be used as offices and which section is p~rmitted to be used as retail. In conclusion, we b~lieve that having 14,743 square Zeet of retail space and 4517 square feet of general business office meets the requirements of the City’s Zoning Ordinance (without nhe ~necessity to apply for a conditional use permit) and also satisfies the business needs of the Taylors. Please give me a call if you have any questions or wish any additional information. I look forward ~o hearing from you as soon as posslble. Sincerely, A. Sloan MAS:csh Nancy Lytle Alison Kendall Debra Cauble, Esq. Jon Schink , john Northway Attachment H STOECKER AND NORTHWAY ARCHITECTS INCORPORATED 437 LYTTON AVENUE PALO ALTO CALIFORNIA 94301 41,5 327-7070 TRANSWTTAL Under Separate Cover ~FFOrARF,. 7RANSMIT’r~D: Your Usa ~ Review & Comment _,.._ For Your Necessary A¢tion .,.--- ~ Requested Sent by: PLANNING DEPT 4153292154;~1/21!97 11:24AM;J~ #229;Page 2]3 .Sent by: PLANNING DEPT 4153292154;01 t21197 11:24AM;,,~I~.~X #229;Page 3/3 ,