Loading...
HomeMy WebLinkAboutStaff Report 175-07City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: APRIL 16, 2007 CMR: 175:07 1072 TANLAND AVENUE [06PLN-00101]: APPROVAL OF A FINAL MAP TO MERGE EIGHT PARCELS (APPROXIMATELY 5.7 ACRES) INTO ONE (NOT FOR CONDOMINIUM PURPOSES). RECOMMENDATION Staff recommends that the City Council approve the proposed Final Map for 1072 Tanland Avenue to merge eight parcels (approximately 5.7 acres) into one for a residential infill development. BACKGROUND The existing Park Village Apartment Complex provides 151 apartments in nine buildings on a 5.72 acre site. The existing buildings will remain on the site and 12 new apartment units in three new structures will be added. The purpose of the tentative map is to merge the eight existing parcels (lots 9 through 16) into one lot (not for condominium purposes) in order to treat the entire multi-family development as a whole, including allowing for the required floor area ratio to add twelve additional rental units to the existing multiple family development. The existing lots are small and would limit additional development of the site to very small additions to each lot, rather than the approved, cohesive and compatible design for twelve units. DISCUSSION The Final Map and Tentative Map Record of Land Use Action have been provided for the Council’s review. The Planning Division, the Public Works Department and the City Attorney have reviewed the Final Map, Subdivision Agreement, and the Below Market Rate Agreement and have determined that they are consistent with the Tentative Map and Record of Land Use Action (Attachment A). According to the State Subdivision Map Act, the City Council must therefore approve the Final Map. The map satisfies all approval conditions for the Tentative Map, including the preparation of a Subdivision Improvement Agreement and BMR Agreement. CMR:175:07 Page 1 of 2 RESOURCE IMPACT There is no direct impact on City resources associated with the action recommended in this staff report. POLICY IMPLICATIONS No changes in the Comprehensive Plan or Zoning Ordinance are required for this project. The final map complies with the City’s policies set out in the Comprehensive Plan, Zoning Ordinance Municipal Code, and the Subdivision Map Act. ENVIRONMENTAL REVIEW The City prepared an Initial Study resulting in a Mitigated Negative Declaration and determined that the Project could not have a significant effect on the environment. The Mitigated Negative Declaration for and the design of the three new-infill buildings housing twelve apartments were approved by the Director of Planning and Community Environment on October 24, 2006 after review by the Architectural Review Board in public hearings on August 17 and October 19, 2006. PREPARED BY: Contract Plamaer DEPARTMENT HEAD: CITY MANAGER APPROVAL: STEVE Direct°r ~nl ?d,~C.~unity FRANK BENEST City Manager Environment ATTACHMENTS A.Record of Land Use Action of Tentative Map Approval B.Final Map (Council Members Only) COURTESY COPIES: Susan Millinich, Prometheus Real Estate Group, Project Applicant Park Village Peninsula, Property Owner CMR: 175:07 Page 2 of 2 ATTACHMENT A APPROVAL NO. 2007-03 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 1072 TANLAND AVENUE: TENTATIVE MAP 06-PLN-00101 (PROMETHEUS REAL ESTATE GROUP, APPLICANT) At its meeting on February 5, 2007, the City Council of the City of Palo Alto approved the Tentative Map to merge eight parcels (approx. 5.7 acres) into one (not for condominium purposes), making the following findings, determination and declarations: SECTION i. Background. The City Council of the City of Palo Alto ("City Council") finds, determines, and declares as follows: A. Proposed by Prometheus Real Estate Group, this project involves merging the eight existing parcels into one developable site, with the existing 151 residential units and the construction of twelve (12) additional rental dwelling units. The density of this residential infill development would be 28.6 dwelling units per acre, under the maximum limitation set by the zone district (per Palo Alto Municipal Code (PAMC) Chapter 18.24, RM-30 regulations) of 30 dwelling units per acre. The project results in the requirement of 1.8 or 2 Below Market Rate (BMR) units, though the applicant has agreed to rent three two .bedroom and one bath units of the existing units in the older buildings in Park Village Apartments as BMR units in-lieu of the 1.8 unit requirements. Three (3) separate floor plans are proposed within twelve (12) multi-unit apartment buildings. The new structures consist of three, four-plex townhouse buildings containing a t6tal of twelve new apartments with two unit types and two building types. No building is proposed taller than the maximum height limit of 29 feet. The unit types consist of Unit A with two bedrooms and two- and-a-half bathrooms, and Unit B with three bedrooms and two-and-a- half bathrooms, and range in size from the smallest at 1,156 s.f. to the largest at 1,444 s.f., plus parking garages of approximately 477 to 495 square feet for each unit. B. The Tentative Map plan set includes information on the existing parcels and onsite conditions (Sheet i) ; the layout of existing public streets and walkways, including the various new buildings, and guest parking spaces (Sheet 2); utility information and cross-sections of streets and garage driveways (Sheet 3). These drawings are in compliance with the applicable provisions of the City’s Subdivision Ordinance. These plans contain all information and notations required to be shown on a Tentative Map (per PAMC Sections 21.12 and 21.13), as well as conform to the design requirements concerning the creation of lots, streets, walkways, and similar features (PAMC 21.20). The plan set also conforms to the approved ARB site plan, provided as reference (see Attachment H) . Because the request involves eight existing parcels which is defined as a major subdivision resulting in a Tentative Map, this request cannot be processed administratively through the Director and requires review by the Commission and City Council approval (PAMC 21.08.010) . C. ARB approval, granted by the Director on October 24, 2006, addressed the project’s compliance with zoning and architectural regulations. The Tentative Map application has been reviewed by staff and City departments for compliance with zoning, subdivision, and other codes and ordinances and received Planning and Transportation Commission (Commission) review on Janaury i0, 2007.The Commission recommended approval unanimously on a 7-0-0-0 vote. SECTION 2.Environmental Review. The City as the lead agency for the Project prepared an Initial Study resulting in a Mitigated Negative Declaration and determined that the Project could not have a significant effect on the environment. In order to fully assess the project’s CEQA compliance, staff requested and evaluated studies prepared by professional consultants. The documents provided include: (i) trip generation estimates--by Fehr & Peers dated July 19,2006; (2) a noise study--by Charles M. Salter Associates, Inc., dated June 5, 2006; and (4) a storm water pollution prevention plan--by Underwood & Rosenblum, Inc. dated June 2006. In addition, the following were submitted and evaluated: a tree survey--by McClenahan Consulting, LLC, dated February 18, 2005. All studies reviewed by staff are contained within the project file for viewing upon request. The studies provided pertained to trip generation, noise, air and water quality, and the applicability of constructing residences on this location in terms of existing soils/geotechnical conditions and assessment to determine the presence of environmental/hazardous conditions. Staff has made the following conclusions in regard to the project’s overall environmental review: A minimal increase in vehicle trips will be added to the existing residential use on site. Twelve additional residential units would result in an estimate of 6 net new AM peak-hour and 6 net new PM peak-hour trips; No new noise generating features will be created on site and temporary construction noise impacts would be mitigated through 2 implementation and compliance with the City of Palo Alto Municipal Code; A minimal amount of air pollution would occur due to a minimal increase of generation of vehicle trips, and no other pollutant sources would be generated on site; No significant impacts to storm water or potable water quality would occur, as only enhancements to each would occur in construction of twelve additional residential units to an existing multi-family residential development. The twelve new units on an existing residential development would not change the amount of impervious surface area on the site as the proposal would replace existing areas of impervious materials. Thus, there is not expected increase in the amount of storm run- off once the new structures are built; No significant impacts would result to the site’s ,natural resources. Five trees would be removed as a result of the proposed project. None of these trees are heritage protected trees. Additional trees, shrubs, and other plant materials would be installed per the tree inventory/evaluation and preliminary landscape plan, endorsed by the City’s Managing Arborist and in compliance with the City’s Tree Technical Manual; No significant impacts would result from the construction of this project under the existing soils/geotechnical conditions of the site. The City’s standard conditions of approval would ensure that potential impacts on erosion and soil will not be significant; and Residential development would be compatible with onsite environmental conditions, as no known conditions exist on the site regarding existing materials that may be deemed harmful or hazardous. SECTION 3. Tentative Map Findings. A legislative body of a city shall deny approval of a Tentative Map, if it makes any of the following findings (California Government Code Section 66474): i. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site does not lie within a specific plan area and is consistent with the Comprehensive Plan Land Use designation of Multiple Family Residential, which allows a density range from 8 to 40 units per acre and 8 to 90 persons per acre, and the added units would result in 28.5 dwelling units per acre. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans : The map is consistent with Comprehensive Plan policies related to compatibility with the neighborhood, surrounding development and adjacent structures of the same land use, and housing, (land use element and policies L-12, L-13, and L-48), and housing on underutilized land. 3. That the site is not physically suitable for the type of development : The site is located within the Medium Density Multiple- Family Residence (RM-30) District, with existing development on eight individual parcels. This multiple-family residential-infill project is a suitable use at this location and permissible under the existing zone district and supported by land use policies within the Comprehensive Plan, as indicated above in Finding No. 2. The design promotes harmonious transitions in scale and character between different designated land uses in that it presently exists with multiple-family residences and is surrounded by single-family and multiple-family residences within the neighborhood. 4. That the site is not physically suitable for the proposed density of development : The purpose for the Tentative Map is to merge the eight existing parcels (not for condominium purposes)into one lot. In doing so, the site would remain within the permissible density allowed by the current RM-30 zone district, which dictates a maximum site density of 171 total units or 30 dwelling units per acre. As proposed, this map would accommodate the construction of the previously approved twelve (12) additional dwelling units for a resulting 163 dwelling units, an amount under the maximum permissible. The project complies with all other zoning site criteria as well. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habi tat : The merger of parcels for twelve additional rental dwelling units will not cause environmental damage or injure fish, wildlife, or their habitat, as no habitat for endangered, rare, threatened, or other sensitive species is present on site. As this project has been determined to qualify as an In-fill development project under CEQA section 15332 (detailed in Section 2 above), all new development would occur within the areas of pre-existing development. 6. That the design of the subdi vi si on or type of improvements is likely to cause serious public health problems: The merger of parcels for additional residential units (not condominium units) will not cause serious public health problems, as no increases in traffic or noise or significant effects to air or water quality would result in developing this site for residential use. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it~finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The proposed twelve new residential units in an existing infill development will enable all existing units to remain and will not require any reconfiguration of existing easements. SECTION 4.Tentative Map Approval Granted. Tentative Map approval is granted by the City Council under Palo Alto Municipal Code ("PAMC") Sections 21.13 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 6 of this Record. SECTION 5.Final Map Approval. The Final Map submitted for review and approval by the City Council of the City of Palo Alto shall be in substantial conformance with the Tentative Map prepared by Underwood & Rosenblum, Inc. Civil Surveyors, and Planners titled ~Park Village Tentative Map, consisting of 3 pages, dated and received August 16, 2006, except as modified to incorporate the conditions of approval in Section 6. A copy of this map is on file in the Department of Planning and Community Environment, Current Planning Division. Within two years of the approval date of the Tentative Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Tentative Map as conditionally 5 approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section 21.16.010[a]) . SECTION 6.Conditions of Approval. Department of Planning and Community Environment Planning Division I. A Final Map, in conformance with the approved Tentative Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City Engineer, shall be filed with the Planning Division and the Public Works Engineering Division within two years of the Tentative Map approval date (PAMC 21.13.020[c]) . 2. The applicant shall adhere to the requirements of the Below Market Rate (BMR) Letter Agreement, attached to the staff report. In addition, a formal BMR Agreement, including the identification of the locations of the BMR units and shall be prepared in a form satisfactory to the City Attorney, executed by Prometheus Real Estate Group and the City, and recorded against the property prior to or concurrent with the recording of the Subdivision Improvement Agreement. Prior to Submittal of Final Map Planning Division 4. The Final Map shall be crosschecked for compliance with the ARB and the Tentative Map approved plans and conditions. Department of Utilities 5. In consultation with the Departments of Utilities and Planning and Community Environment, Public Utility Easements for installation and maintenance of water meters, gas lines, gas meters, and pad-mounted transformers with associated substructures shall be designated on the Final Map. Department of Public Works Engineering Division 6. Other easements and/or modifications may be necessary and shall be reflected on the Final Map, as designated by the Public Works Department. 7. The applicant shall arrange a meeting with Public Works Engineering, Utilities Engineering, Planning, Fire, and Transportation Departments after approval of the Tentative Map and prior to submitting the improvement plans. This meeting shall determine the scope of all work required and related to offsite improvements. The improvement plans must be completed and approved by the City prior to submittal of the Final Map. Prior to Approval of Final Map 8. Prior to Final Map approval, the applicant shall enter into a Subdivision Improvement Agreement. This agreement is required to secure compliance with the conditions of ARB and Tentative Map approvals and the security of on and offsite improvements. Improvement plans shall be submitted in relation to this agreement. No grading or building permits shall be issued until the Final Map is recorded with the County of Santa Clara, Office of the County Clerk-Recorder. Designation on Improvement Plans 9. All sidewalks, curbs, and gutters bordering the site shall be removed and replaced in compliance with Public Works standards. Additional public street improvements shall be made, as determined by Public Works Engineering. Resurface all streets frontages of proposed development. i0. Any unused driveways shall be removed and replaced with curb and gutter. ii. Clear visibility at street corners shall be maintained for an adequate distance, at a minimum height of 2.5 feet above grade, per City standards. Prior to Recordation of Final Map 12. This property is in a special flood hazard area and notation of this shall appear on the recorded Final Map. 13. The subdivider shall post a bond prior to the recording of the Final Map to guarantee the completion of the on and offsite condition(s) of approval. The amount of the bond shall be determined by the Planning, Utilities, and Public Works Departments. 7 Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Tentative Map approval, or such extension as may be granted, the Tentative Map shall expire and all proceedings~shall terminate. Thereafter, no Final Map shall be filed without first processing a Tentative Map (PAMC Section 21.16.010[d]). PASSED: 9-0 AYES:Barton, Beecham, Cordell, Drekmeier, Mayor Kishimoto, Vice-Mayor Klein, Kleinberg, Morton, Mossar NOES:None ABSENT:None ABSTENTIONS: None ST: ty APPROVED AS TO FORM: ~~. City Attorney JPLANS AND DRAWI4qGS REFERENCED: /Ji~6t~r of~lanning and Community E~vironment Those plans prepared by BKF Engineers, Surveyors, and Planners titled "Park Village Tentative Map, consisting of three pages, dated July 12, 2006 and received August 16, 2006.