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HomeMy WebLinkAbout1996-04-01 City Council (21)City of Palo Alto City Manager’s Report 9 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: Planning and Community Environment AGENDA DATE: April 1, 1996 CMR:208:96 SUBJECT:Below Market Rate Agreement for 13-1ot Residential Project at 315 Everett Street REQUEST This staff report provides information on the Below Market Rate (BMR) component for the proposed 13-unit residential project at 315 Everett Street and presents a modified recommendation for determining the BMR requirement. RECOMMENDATIONS Staff recommends that the Council modify the proposed BMR component for the project as follows: One 3-bedroom unit of approximately 1,377 square feet shall be provided in the project to be placed in the City’s BMR program as a for-sale unit at an initial sales price of $146,550. In addition, an in-lieu fee of 0.8125 percent on the actual sales value of each of the remaining 12 units in the project shall be collected upon the first sale of each unit in the project. (It is estimated that this will result in a payment to the Residential Housing Reserve Fund of $39,000 to $53,625.) The designated BMR unit is number6 as shown on the plans dated January 2, 1996, as prepared by Bassenian Lagoni Architects and is located in the northern corner of the site. The design, construction, materials, finishes, windows, hardware, light fixtures, landscaping, irrigation, appliances and other like features of the BMR unit shall be comparable to the design and construction of all other units in the project. CMR:208:96 Page 1 of 5 BACKGROUND At the March 18, 1996 City Council meeting, the Council reviewed and passed for approval the first reading of a PC (Planned Community) zone ordinance for a 13-unit, single-family, small lot subdivision at 315 Everett Street. Questions were raised about the calculations for the required BMR unit component of the project. The BMR agreement provided that a unit would be placed in the City’s BMR program with an initial sales price of $107,550. This price was established based on providing one BMR unit for the first ten units in the project at the City-established BMR price of $146,550. Satisfaction of BMR requirements for the three additional units in the project was calculated using estimated average sales price for the units at $400,000 and multiplying by 3.25 percent as required by Program 13 of the Housing Element of the Comprehensive Plan (See Attachment A). This computation ($400,000 x 3 x .0325) equals $39,000, which was applied to the initial purchase price to reduce it to $107,550 ($146,550 - $39,000). POLICY IMPLICATIONS Comprehensive Plan Policy, Program 13 of the Housing Element, requires that any residential project of three or more units include a BMR component. The BMR requirement is 10 percent of the units, except in special circumstances related to projects greater than five acres in size or where rental units are removed. Program 13 has as a primary objective to obtain actual housing units rather than equivalent cash. On-site units are preferred, with off- site units a second choice. The proposed BMR agreement for the project at 315 Everett Street is consistent with Program 13 of the Housing Element, and is consistent with previous BMR agreements. DISCUSSION Satisfaction of the City’s requirement for a BMR component in a project requires staff to negotiate an agreement with the developer that is consistent with the requirements of the Comprehensive Plan. The City tries to work with the developer to reach an equitable arrangement that capitalizes on the strengths of the developer and satisfies the current needs and requirements of the City. Each project is different, and the manner in which the BMR requirement is met is usually unique for each project. For the 315 Everett project, staff and the Palo Alto Housing Corporation (PAHC) felt that obtaining a unit was desirable, even though these will be mid-scale units, which will result in a relatively high subsidy for one family. In-lieu fees, because they are used to subsidize acquisition and construction of multiple family units, generally serve more people, but do not accomplish the goal of BMR housing in every project or the goal of assisting households in the 80 to 100 percent median income group. Staff and PAHC also felt that the City-established initial sales price for a 3-bedroom unit of $146,550 needed to be reduced. Several factors entered into this decision, with the greatest CMR:208:96 Page 2 of 5 concern being that PAHC’s waiting list for BMR units has few applicants at that purchase price level. Because the resale value of BMR units is restricted, caution is warranted in setting the initial sales price low enough to ensure that 1) there are available buyers in the income range, and 2) the available buyers will purchase a restricted unit instead of buying a higher priced market rate unit that may appreciate at a much greater rate. To satisfy BMR requirements for the remaining three units in the project, utilization of the in-lieu fee was seen as a way to reduce the price of the BMR unit from $146,550. To apply the in-lieu fee as a reduction, an assumption had to be made on the average sales price of the units in the project. For 315 Everett, the sales price was estimated at the time of the negotiations at $400,000. Program 13 of the Housing Element specifies that for fractions of BMR units the in-lieu payment will be determined as a percentage of the selling price of each of the units for which no BMR unit is provided, by utilizing a sliding scale as follows: Number of units Percentage rate 10+5 9 4.75 8 4.5 7 4.25 6 4.0 5 3.75 4 3.5 3 3.25 Satisfaction of the BMR requirement for the three units over ten can be made by paying an in-lieu fee based on 3.25 percent of the average sales price of the three units. Because BMR negotiations take place well in advance of final approval, construction and sale, some assumptions do not come true. This can be to the advantage and disadvantage of both the developer and the City. It appears that if the 315 Everett units were sold today, the assumed $400,000 figure would be low. The current BMR agreement could be recalculated by simply assuming a higher price, such as $550,000. However, if a higher sales figure is used, the reduction in cost to the one BMR unit, in staff’s opinion, would result in too great a subsidy for one unit. For example, if the units sold for an average of $550,000, the in-lieu fee for the three units would be $53,625 ($550,000 x 3 x .0325 = $53,625). If applied to the BMR unit, it would result in an initial sales price of $92,925. CMR:208:96 Page 3 of 5 Recent negotiations on other projects and the resurgence in house prices in Palo Alto indicate that a higher initial sales price for the BMR unit may be acceptable and appropriate. These factors will necessitate additional outreach by PAHC to increase the available pool of buyers at higher prices, which PAHC has indicated they will be doing. By setting the initial sales price at $146, 550, the in-lieu payment for the remaining three units would be allowed to float with the final sales price of the units. The in-lieu fee would be collected at the time of sale of each unit and should be divided among the 12 market rate units. Each unit would pay an in-lieu fee based on 0.8125 percent of the gross sales price of each unit (.0325 x 3/12 = .008125). If the average sales price is $400,000, the in-lieu fee would be $39,000 ($400,000 x .008125 x 12 = $39,000). If the average sales price is $550,000, the in-lieu fee would be $53,625 ($550,000 x .008125 x 12 = $53,625). ALTERNATIVES Alternatives would include accepting the existing agreement resulting in a BMR unit selling for $107,550. A second alternative would be to forego an on-site unit and set an in-lieu fee of 5 percent of gross sales value for all the units, to be collected at time of first sale based on the actual sales price. At an average price of $400,000, the fee would be $20,000 per unit for a total of $260,000 to the Housing Reserve Fund. At an average sales price of $550,000 per unit, the fee would be $27,500 per unit for a total of $357,500 to the housing fund. FISCAL l~PACT The recalculated BMR agreement will result in some funds, probably in excess of $39,000, being added to the Residential Housing Reserve Fund. The two suggested alternatives could result in no funds being added to the reserve fund or funds in excess of $260,000. ENVIRONMENTAL ASSESSMENT A Mitigated Negative Declaration was prepared for the project (95-EIA-22) and reviewed and approved at the March 18, 1996 meeting. The proposed revisions to the BMR component are consistent with the Environmental Assessment. ATTACHMENTS Program 13 of the Housing Element of the Comprehensive Plan Letter of Agreement from Ken Schreiber, dated March 26, 1996, signed by Scott Ward Revised PC Ordinance CC:Scott Ward Palo Alto Housing Corporation CMR:208:96 Page 4 of 5 PREPARED BY: James E. Gilliland DEPARTMENT HEAD REVIEW: KENNETH R. SCHREIBER Director of Planning and Community Environment CITY MANAGER APPROVAL: FLEMING Manager CMR:208:96 Page 5 of 5 EXCERPTS FROM HOUSING ELEMENT PALO ALTO COMPREHENSIVE PLAN Program 13: In housing developments of three or more units, not less than 10 percent of the units should be provided at below-market rates to low- and moderate-income families (for projects of three to nine units a propor- tionate in-lieu payment will be accepted). For each BMR unit provided over and above the requirement, a developer shall be permitted to build one additional market-rate unit up to a maximum unit increase over the allowable zoning of 15 percent, and consistent with all other zoning requirements. Program Responsibility: Planning Division, Palo Alto Housing Corporation The City of Palo Alto’s BMR Program is intended to increase the housing supply ’ "es who have low- and moderate-incomes. As land for individuals and f~mll~ ........n÷ributions toward the BMR prp vailable for housing becomes more ¯ro’ects to ~ncr~:s= t~e aram will be needed from bo%~.la[~:~.~m~It~u~r~m in 1974, 153 for-sa, e ~umber of BMR uni.t~. ~.~ct~ ~#~"~i~ #~d an~ ~nother 10 units have b~ental unl~s naw u~:. u~ P , " a ’units and 30 r~n -- ~ ~ na~e 19~The pr~m ry objective committed to the program.(refeF to ~:~,= ~,, ~ ~ - ,is to obtain actual housing units rather than equivalent cash. Occupanc) Tor BMR units is determined according to City Council-established guidelines from those on a numbered waiting list, maintained for the City by the Palo Alto Housing Corporation. ’ f BMR units is based on what would be affordable toThe initial sell}ng price o ~ ~ 0 ercent of the median i~co~efamilies whose ~ncomes are no >_l~[^lh~O ti~e to time by HUD for ~anza related to family ~IZe, as .... ..^~ ~r se continued afTordabll~ty ~s ~ Clara County (BMR Income G~d~l~_~3t~..#]~u~vide the mechanism to conzro~ major goal of the program, mee~ res~F~u-~ w--" ures that succeeding buyers can also afford those the resale pr~ce,}hat_~s~ ..... ~ .... ~n ~ since the inception of theunits. ConsequentlY, ZIZ ?aml|le~ .:v: u:: .... ved program. Before acceptance of plans for review by Palo Alto City staff, a developer of a complex of three or more residential units should agree to one or a combina- tion of the following alternatives that are listed in order of priority. Pro- vision by the developer and acceptance by the City ~f the.BMR arrangement will be part of the application for development. On-Site BMR Units For each ten units developed, not less t~an one of such units should be pro- vided as a BMR unit within the developm~nt. The price for such BMR units should be established at the time of approval of the tentative subdivision map by the City. The price should be based on the estimated direct construction and financing cost of the BMR unit (excluding land cost, marketing cost, off- site improvements and profit), but in any event, should be consistent with the price ranges allowed by the BMR Income Guidelines in effect at the time. Fractions of required BMR units should be handled by equivalent in-lieu payments. For each BMR unit provided over and above the requirement, a developer shall be permitted to build one additional market-rate unit. However, in no event shall the total number of units in a development be more than 15 percent over the number otherwise allowed by zoning. Off-Site BMR Units Provide ~ or before completion of any development of ten or more units not less than one BMR unit elsewhere in the City for each nine units developed. These units may be new orexisting and must be approved by the City, taking into consideration.such factors as size, location, amenities, and condition. In-Lieu Payments Based on Sales Price The City will consider an in-lieu payment alternative to actual units, for projects of ten or more units, only if the developer substantiates that the direct construction and financing costs of the BMR units (excluding land cost, marketing cost, off-site improvements and profit) exceed the selling prices allowed by the BMR Income Guidelines. The in-lieu payment ~for projects of ten or more units is to be five percent of the actual sales price of each unit sold. The payment will be made to the City upon the sale of each unit in the subdivision. In-lieu payments for fractions of BMR units will be determined: o o Disregarding any bonus units. As a percentage of the selling price of each of the units for which no BMR unit is provided, by the following rates: IN-LIEU FEE CONTRIBUTIONS FOR FRACTIONS OF BMR UNITS Number of Units Percentage Rate 10+5 9 4.75 8 4.5 7 4.25 6 4.0 5 3.75 4 3.50 3 3.25 If the developer retains any completed unit as a rental, either for its own account or through subsidiary or affiliated organizations, the in-lieu payment for such unit should be negotiated between the developer and the City. Equi val ent A1 ternati yes The City may consider reasonably equivalent alternatives to these guidelines. Sites Larger than Five Acres Developers who build on sites large~ than five acres are expected to provide more than 10 percent BMR units and/or to set aside land for assisted housing to be built by others. Appropriate BMR contributions in such cases shall be individually negotiated between the developer and the City. 03:26:96 11:21 ~’415 493 9050 210 ZART YAK NO,~ 0 0 ~ ." ( ) 4 r. ? Cityof Palo Ako Community l~nvironment March 26, 1996 Pta~.n.Lng Division Classic Communities, Inc. ATTN: Scott Wm’d 1068 East Meadow Circle Palo Alto, CA 94303 Below Market Rate (BMR) Agreement for 315 Everett, Palo Alto Dear Mr. Ward: This letter summarizes the revised agreement reached between you and Planning Division staff regarding satisfaction of the provision~ of the City of Pa!o Alto Below Market Rate (BMR) Program. This letter supercedes the previous letter dated November 8, 1995. Final agreement is subject to City Coundl review scheduled for April 1, 1996. The requirements for a BMR component are contained in l~ogram 13 of the Housing Element of the City of Palo Alto Comprehensive Plan. This letter ~elates to the proposed 13-unit housing projecu at 315,325, 327 335 Everett Avenue and 332, 340 Bryant Court ("the project"), You intend to obtain City Council approval of a final subdivision map for the project that will allow for the future sale of individual units. The terms of this letter of agreement shall be incorporated into the Subdivision Agreement which must be completed and signed prior to the fin!l map being considered by the City Council. In satisfaction of the !0% BMR requbement, you agree to provide one (1)BMR unit and to pay an in-lieu fee for the 3 units in excess of 10. The required BMR unit shall be placed in the City’s BM.R program as a for-sale unit. The Palo Alto Housing Corporation (PAHC) is the City’s designated representative to administer sale of BMR units. The following are specifics to die agreement: The BMR unit is number 6 as shown on the plans dated January 2, 1996 from Bassenian Lagoni Architects and is lo~ated in the northern corner of the site, or equivalent unit designated by City if plans are revised prior to project approval. 250Hamilton A~nue F.O. B,vx 10250 PaloAlb, CA94L~3 415.329.2t41 03,’26,’96 11:21 ’~415 493 9050 },!.’d-26-96 ’~" ’ "’" )! 0 Z .-LR T Mr. Scott Ward March 26, t99{5 Page 2 The’design, construction, materials, finishes, windows, hard’,~re, light fixtures, landscaping, irrigation, appliances and other like features of the BMP,. unk shall be comparabb to the design and com’waction of all other units in the project. The unit shall be a 3.bedroom unit of apptoxirnately 1,377 square feet, corresponding to Plan 1 on the above-referenced plans. The initial sales price of the unit sha]l be $146,550. This price was reached utilizing the City of Palo Alto current Housing Price Guideline (effective 5/95) base price for a 3-bedroom unit of $146,550, In addition, an in-lieu fee of 0.8125% on the actual sales value of each of the re~g 12 units in the pmj oct shall be collected upon the first sale of each unit in the project. The 0.8125% fee is determined for the fraGtion of 3 u.nits over 10 and the Program 13 requirement for a 3.25% fee for those units (.0325 x 3/12 ~ .008125). Proof of sales prices must be ~ubmitted to the City of Palo Alto at the time of sale. The in-lieu fee requirement for any unit that is not ~old and become~ .occupied on a rental or lease basis shall be based upon the sale price of the most expensive unit sold. Payment shall be due at the time of occupancy of the unit(s) no’t sold. The terms of this letter of agreement shall be incorporated into the Subdivision Agreement for the project, which must be compIeIed and ~igned prior to Ihe final map for the projec~ being onsidered by the City Council. Thaz~.k you for your cooperation during the planning process on this project. Please sign this letter where showna below and return to me, indicating that v,’e have reached agreement regarding your BMR. comribution, Sincerely, KENNETH R. SCHR.EIBER Director of PIanning and Communib" Environment A:\1996xLTBMR315 03/26:96 11:’~.,‘."~415 493 90.50 "-- -- ,.~: 8 ~ A~I .....~!’,’~ ~..,. 3IOZART 1~ 0 0 4 .’ 0 0 -! Mr. Scott Waxd March 26, 1996 Page 3 I agree to provide a Below Market rate component to the project at 315 Everett as described in this letter dated March 26, 1996, Scott Ward Marlene PrendergasL Palo Ako Housing Corporation Debra Cauble, Assistant City Attorney Jim Oilliland, Manager Planning Projects Paul Jensen, Contract Planner N~cy Lyric, Chief Planning Official A:\1996\LTBMR31 $ ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP)TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 315-335 EVERETT AVENUE/332-340 BRYANTCOURT FROM RM-30 TO PC DISTRICT WHEREAS, the Planning Commission, after a duly noticed public hearing held February 14, 1996, and the Architectural Review Board, upon consideration at its meeting of January 18, 1996, have recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended as hereinafter set forth; and WHEREAS, the City Council, after due consideration of the recommendations, finds that the proposed amendment is in the public interest and will promote the public health, safety and welfare. NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION I. Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended by changing the zoning of certain property known as 315-335 Everett Avenue/332-340 Bryant Court (the "subject property") from "RM-30 Medium Density Multiple Family Residential District" to "PC Planned Community." The subject property is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference. SECTION 2. The City Council hereby finds with respect to the subject property that: a.Site. The site is so situated, and the existing uses proposed for the subject property are of such characteristics that the application of the RM-30 District standards wil! not provide sufficient flexibility for the proposed development, or for a development that is compatible with the mix of residential uses, density and design of the surrounding neighborhood. Specifically, while the RM-30 District encourages the development of higher density housing, particularly in the areas adjacent to downtown, it does not provide the flexibility for developing a small-lot, detached single-family residential project and tends to produce housing that is inconsistent with the scale, character and circulation patterns of older, residential neighborhoods, such as Downtown North. Furthermore, while the RM-30 District allows single-family residences as a permitted use, the required provisions for developing such uses within this district (Section 18.24.090-Special Requirements, RM-30 District and Sections 18.12.050 through 18.12.080-Site Development Regulations, R-I District), in this case, make it difficult to design a single- family residential project that is compatible with the mixed residential land uses and development pattern of the surrounding neighborhood, particularly along the lane named Bryant Court. 960322 lac 0080217 While RM-30 would permit greater density than the proposed project, it would also permit monolithic development or result in single- family homes on large lots, which would be out of scale and character with the other housing in the area. Adoption of the PC District for this particular project would permit the necessary flexibility in individual lot size and reductions in setbacks so that a compatible, detached, single-family housing project can be built in an area of small increment, mixed residential uses. The proposed project will also not result in objectionable environmental impacts such as peak hour traffic impacts. b.Benefits. Development of the site under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts, as follows: (i)Application of the PC District to this project and site would permit the clustering of detached single- family residential homes on small lots, which would be compatible with the density, design and character of the immediately surrounding neighborhood. (ii) The PC District will allow a style and type of housing which is needed in the community but which is not consistent with existing single- and multiple-family zone. The proposed project provides medium sized, 3 and 4 bedroom homes with modest private open space that wil! accommodate families, and will address a major housing need in the community. Residential trends over the last decade demonstrate that the variety of housing types has been very limited. For-sale homes have been confined primarily to expensive, large single-family homes on conforming R-I lots, moderately-sized townhomes with limited open space and common green area, and more moderately priced stacked flat condominiums dominated by smaller units. These trends have created a gap in housing stock between attached housing designed to accommodate young households without children and expensive single-family housing, which accommodate higher income households. (iii) The application of the PC District standards as proposed would result in public benefits by providing desirable street improvements to the Bryant Court road right-of-way. These street right-of-way improvements would be beneficial to the neighborhood and community at large in that it would create an attractive and functional vehicular and pedestrian link from Bryant Street to Johnson Park. c. Comprehensive Plan Goals. As modified by conditions of approval, the proposed project, specifically the proposed single-family residential use, would be consistent with the Palo Alto Comprehensive Plan and consistent with the mix of residential unit types and densities which presently exist in the surrounding neighborhood. Specifically, the project would be consistent with the Palo Alto Comprehensive Plan "Multiple-Family Residential" (density range of 10-45 dwelling units per acre) land use 960322 lac 0080217 2 designation for this site, in that, it would result in an overall density of 14.9 dwelling units per acre, which is within the permitted range for this site. Furthermore, the project would be consistent with Program #I and Program #13 of the adopted Housing Element in that it would maintain a single-family residential use of the site adjacent to the downtown area, and would provide a housing product for households with children. The proposed project would be consistent and compatible with the development pattern, density and the mix of units types found in the Downtown North neighborhood and allows for a project to be designed to respect and protect site resources. SECTION 3. Those certain plans entitled "Conceptual Site Plan-Everett Court S.F.D. Proposal," prepared by Bassenian Lagoni Architects, dated January 2, 1996, accompanied by a "Technical Site Plan" dated January 2, 1996, floor plans and elevations dated October 20, 1995, Preliminary Landscape Concept Plans (Gates & Associates) dated January 4, 1996, and Bryant Court Plan (Gates & Associates) dated January 4, 1996, and March 1996, and approved by the Architectural Review Board on January 18, 1996, copy on file in the Planning Division office, and to which copy reference is hereby made, are hereby approved as the Development Plan for the subject property, pursuant to Palo Alto Municipal Code section 18.68.120. Said Development Plan is approved for the following uses, and subject to the following conditions: a.Permitted Uses. The use shall be limited to single- family residential and accessory uses incidental thereto, as set forth in Section 18.12.030 of the Palo Alto Municipal Code. b.Conditional Uses. All conditional uses as allowed in the R-I (Single-family Residential) District as listed under Section 18.12.040 of the Palo Alto Municipal Code, subject to issuance of a conditional use permit. c.Site Development Requlations. All improvements and development shall be substantially in accordance with the approved Development Plan. The following are site development regulations which establish rules for modifications or additions to any building, accessory structure or landscaping on the subject property. Definition of terms used shall be in accordance with Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code. (i)The approved Development Plan requires the preservation and protection of a number of mature trees within the development and along the Everett Avenue street frontage. No development or improvement on any home and lot, following initial construction and occupancy, shall result in the removal or destruction of these trees. (ii) Once the project has been constructed consistent with the approved Development Plan, landscaping, spas, swimming pools, building colors and materials, skylights, exterior wall surface treatments, windows and/or window coverings may be 960322 lac 0080217 installed and/or modified without the approval of the Architectural Review Board, and will be subject to the site development regulations for substandard lots as applicable in the R-I zoning district. (iii) Any other exterior changes to the buildings or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone. (iv) No new floor area or coverage may be constructed on any lot, except porches, patio covers or trellises of less than 120 square feet, which shall not exceed twelve feet in height and shall be setback at least three feet from any property line. d.Parking and Loading Requirements. The parking and loading requirements governing the subject property shall be in accordance with the approved Development Plan, on file with the Department of Planning and Community Environment and as amended in accordance with this section. Amendments to the Development Plan shall be made consistent with the following conditions: (i)Driveway and/or guest parking spaces shall be provided for unit numbers 1-6 (Bryant Court frontage) to serve as the second on-site parking space for these units (in addition to the one-car garages). The final design and arrangement of these driveway and/or guest parking spaces shall be subject to further study as required by the standard conditions of project approval. These parking spaces shall be surfaced with a high quality decorative pavement, interlocking paver or turf block, as approved by the Architectural Review Board. If parallel driveway parking spaces are installed to meet this requirement (as depicted on the Conceptual Site Plan), each space shall be i0 feet in width by 20 feet in length, as measured from the property line. If an alternative parking arrangement is approved, each space shall comply with the minimum dimensional standards required under Chapter 18.83 of the PAMC. (ii) Adequate maneuvering and back-out dimensions shall be provided for unit numbers 7, 8, 9 and 12, as approved by the Transportation Division. Portions of the two driveways serving the Everett Avenue units where maneuvering and back-out area is ’shared’ between± units shall be surface with a high quality decorative pavement, as approved by the Architectural Review Board. (iii) The curb cuts and driveway aprons for the two Everett Avenue driveways (serving as access to unit numbers 7-13) shall be adjusted to preserve and protect the existing street trees (two Southern Magnolias, trees #2 and #4 as identified in Attachment #3 of 95-EIA-22, on file with the Department of Planning and Community Environment). The ’shared’ driveways shall be reduced in width from 18 feet to 15 feet, except where these driveways intersect with the private driveway aprons for each unit [where an 18-foot width or greater shall be maintained to comply 960322 lac 0080217 4 with required condition (d) (ii)]. The final configuration of the driveways shall be approved by the Planning and Transportation Divisions and the City Arborist. (iv) Signage and landscaping shall meet the sight distance requirements of Section 18.83.080 of the Palo Alto Municipal Code applicable to all driveways within the development, to the satisfaction of the Transportation and Planning Divisions. The above noted amendments shall be reflected in the Tentative Subdivision Map, the Final Map and the final plans submitted for the issuance of a building permit(s). e o Special Requirements. (i)In conformance with the City’s Below Market Rate (BMR) requirements (Program #13, Housing Element, Palo Alto Comprehensive Plan), unit #6 of the development shall be reserved for sale as a below market rate (BMR) unit. Unit #6 shall be placed in the City’s BMR program as for a ’for sale’ unit. The Palo Alto Housing Corporation (PAHC) is the City’s designated representative to administer sale of the BMR unit. The specific requirements shall be as follows: (aa) (bb) The sales price of the unit shall be The unit shall consist of approximately 1,377 square feet and contain three bedrooms, corresponding to Plan #I on the Development Plans dated October 20, 1995, on file with the Department of Planningand Community Environment. (cc)The design, construction, materials, finishes, windows, hardware, light fixtures, landscaping, irrigation, appliances, and other like features of the BMR unit, shall be comparable to the design and construction of all other units in the project. The provisions of this condition e.(i) have been negotiated between the City and the project applicant, and are set forth in that letter from the Director of Planning and Community Environment dated November 8, 1995, acknowledged and agreed to by the applicant on January 31, 1996, ~iiiiiiiiii~i~iiiiii!iiiiiiiii~i~ii~ii~ii and these :£~{~+:+:{~:+:+~:~~sion Improvement Agreement required as a condition 960322 lac 0080217 5 of approval of the tentative subdivision map for the subject property, In the event of conflict between the November 8, 1995, letter and this Ordinance, the terms of this Ordinance shall prevail. (ii) Prior to the issuance of a building permit or prior to the submittal of a final Map, whichever first occurs, the property owner shall prepare and submit a detailed plan for improvements to the Bryant Court public street right-of-way. Consistent with the proposal presented by the applicant, the improvements are to include a repavement of Bryant Court from Bryant Street to Waverley Street (concrete material for a width of 20 feet) with incorporation of textured or concrete pavement accents within the width of the paved right-of-way. The proposed improvements include the replacement of the existing street lighting standards with new, pedestrian-scale light standards. The detailed plan for the Bryant Court right-of-way shall be reviewed and approved by the City’s CIP Design Consultant and the Architectural Review Board. Prior to a review of the detailed plan by the Design Consultant and the Architectural Review Board, the project sponsor shall be required to complete the following: (aa)If the City determines that traffic- calming measures are appropriate and desirable for Bryant Court, then such measures as determined by City shall be incorporated into the detailed plans for the right-of-way and installed as part of the overall improvements-. (bb)The project sponsor shall identify the proposed location/geographical placement of at least six new pedestrian- scale street i ight ing standards. These standards shall be placed along the north and south side of the lane, within the width of the paved right - of - way. Furthermore, a detailed specification of the lighting standard shall be submitted. The selected standard shall be consistent with the smaller of the two lighting standards presented in the Bryant Court Plan (Gates and Associates), dated January 4, 1996. The final standards shall be approved by the Department of Public Works. (cc)The project sponsor shall .install 15 MPH speed limit signs along the Bryant Court right - of - way.Thegeographic1 ocat ion and 960322 lac 0080217 specifications for these signs shall meet the requirements of the City Transportation Division. f.Development Schedule. Construction of the project approved by this ordinance shal! commence no later than September i, 1996, and shall be completed on or before October i, 1997. SECTION 4. The Council finds that this project, as mitigated, will not have a significant environmental effect. SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED : PASSED : AYES : NOES : ABSTENTIONS : ABSENT: ATTEST:APPROVED : City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney City Manager Director of Planning and Community Environment 960322 lac 0080217 7 PF 315-335 Everett Ave1332-340 I~lant Ct Zone change from Medium Density Multiple-family Residential (RM-30) to Planned Community (PC) District. Graphic Attachment to Staff Report File Nos: Date: February 28, 1996 North EXHIBIT "A"