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HomeMy WebLinkAboutStaff Report 347-07City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMSIUNITY ENW1RONS~ENT DATE: SUBJECT: SEPTEMBER 10, 2007 CMR: 347:07 APPROVAL OF A FINAL MAP TO MERGE TWO PARCELS (APPROXIMATELY 6.5 ACRES) INTO ONE PARCEL FOR COADOMIATUM PURPOSES AT 3270 AND 3290 W. BAYSHORE ROAD [05PLN-003201 RECOMMENDATION Staff recommends that the City Counci! approve the proposed Final Map for 3270 and 3290 W. Bayshore Road to merge two parcets (approximately 6.5 acres) into one parcel for residential infill development. BACKGROUND The project includes the demolition of two existing commercial buildings totaling approximately 100,000 square feet and the construction of a 96-trait condominium development. The purpose of the final map is to merge the two existing parcels into one lot for condominium purposes in order to treat the entire multi-family development as a whole. DISCUSSION On November 13, 2007 the City Council approved a Vesting Tentative Map to merge two parcels (approximately 6.5 acres) and create 96 condominium units. The Final Map and the Record of Land Use Action for the Tentative Map have been provided for the Council’s information. The Planning Department, the Public Works Department and the City Attorney’s Office 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: 347:07 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 Negative Declaration and determined that the Project would not have a significant effect on the environment. The Negative Declaration for and the design of the buildings housing 96 residential units was available for public review beNnning December 14, 2005 throu~h January 12, 2006, and was approved by the City Council on June 19, 2006. PREPARED BY: DEPARTMENT HEAD: ~ST]~HEN O’~ONNELL CITY MANAGER APPROVAL: STEVE EMSLIE Director of Planning and Community Environment Assistant City Manager ATTACHMENTS A.Record of Land Use Action of Tentative Map Approval B.Final Map (Council Members Only) COURTESY COPIES: Scott Ward, Sterling Park, LP, Owner Adam Kates, Sterling Park, LP, Owner CMR: 347:07 Page 2 of 2 ATTACH M ENT A ACTION NOo 2006-11 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 3270 WEST BAYSHORE ROAD VESTING TENTATIVE MAP 06PLN-00000-00149 (CLASSIC COM}41INITIES INCo, APPLICANT) At its meeting on November 13, 2006j the City Council of the City of Palo Alto approved the Vesting Tentative Map to merge two parcels (approx. 6.5 acres) and create 96 condominium units, making the following findings, determinations and declarations: SECTION I. Backqround. The City Council of the City of Palo Alto ("City Counci!") finds, determines, and declares as follows: A. Classic communities, Inc, on behalf of West Bayshore Associates have requested the City’s approval of a Vesting Tentative Map to merge two lots, each approximately 3.25 acres, into one approximately 6.5 acre lot, for the purpose of subdividing the lot into 96 condominium units. A total of 30 separate residential structures are proposed for the site, including a community multi-purpose building and I0 be!ow-market rate units. B. The approximately 6.5 acre parcel is located adjacent to the intersection of West Bayshore Road and Loma Verde Place. Approved for construction on the site is 208,790 square feet of residential space that received City Council approval on June 19, 2006. This approval included a condition that the two !ors comprising the site be merged and then subdivided prior to the issuance of building permit. C. The Vesting Tentative Map plan set includes information on the existing parcels and onsite conditions (Sheet 3); the layout. of " new private streets and walkways, including the various buildings with individual units and guest parking spaces (Sheets 4 and 5); utility information (Sheet 6); cross-sections of new streets and walkways (Sheet 7), and finally details on the proposed West Bayshore soundwall (Sheets 8, 9 & !0) . 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 Vesting 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 theapproved ARB site plan. Because the request is to create more than four condominium units, this request cannot be processed administratively through the Director and requires review by the Commission and City Council approval (PAMC 21.08.010). D. Following Staff review the Planning and Transportation Commission (Commission) reviewed the Project and recommended Page ] approval on October 25, 2006. The Commission’s recommendations are contained in CMR: 2006-408 and the attachments to it. SECTION 2. Environmental Review. The City as the lead agency for the Project prepared an Initial Study resulting in a Negative. Declaration and determined that the Project could not have a significant effect on the environment. A Negative Declaration is appropriate as many of the impacts on the surrounding community generated by this project are expected to be less intensive than the existing permitted Use. In terms of traffic, noise and pollution, it has been recognized that residential land uses are considered less-intensive versus similarly situated commercial/industrial uses. In areas where community impacts are expected to increase, such as community facilities and schools, it is staff’s determination that the impacts of this particular development will be successfully offset by a combination of the applicable deve!opment impact fees, the site planning of the project, and the collaboration between the Palo Alto Unified Schoo! District (PAUSD) and the City of Palo Alto with regards to the expected number of new students in this development, which have been incorporated into the PAUSD~s student projections. SECTION 3.~ Vestinq Tentative Map Findings. A legislative body of a city sha!l deny approval of a Vesting Tentative Map, if it makes any of the fol!owing findings (California Government Code Section 66474): i. That the proposed map is not consisten[ 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. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans : The site does not lie within a specific plan area and is consistent with the Comprehensive Plan. The Comprehensive Plan generally encomrages housing and the conversion of non-residential to residential land use. The Housing Element identifies the jobs/housing imbalance and supports conversion of job uses to housing. Housing Element Policy H-3 states "Continue to support the re-designation of suitable vacant or underutilized lands for housing or mixed uses containing housing." The East Bayshore/San Antonio Road/Bayshore Corridor is cited as an employment center in the Comprehensive Plan. Finally, policy L-47 points to the East Meadow Circle area as a potential site for higher density housing. Page 2 3. That the site is not physically sui[able for the type of development : The site will be improved with new residential buildings and related site improvements. Physical changes on the site would include the remova! of the existing paving, landscaping and vacant buildings. Site improvements to accommodate new residential buildings and associated landscaping would first be subject to acquiring a building and grading permit. 4. That the site is not physically suitable for the proposed densi ty of development : The sites are each currently occupied by a large vacant commercial building. All existing buildings will be removed to allow the construction of 30 new residential structures totaling 208,790 square feet in size. City departments have reviewed the new residential structures, project site as well as all potential environmental impacts and have determined that the site is appropriate for the new development. 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 : An Environmental Assessment was prepared for the application to construct the new residentia! structures and it was determined that no physica! changes are being made to the site that would cause environmenta! impacts. 6. That the design of the subdi vision or type of improvements is likely to cause serious public health problems: No physical changes are being made to the site that would cause serious public, health problems. The proposed improvements consist of a purely residential development, and it has been determined through the Environmenta! Assessment (Section 2), that no public health problems should arise. 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 jud~fment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine [hat the public at large has acquired easements for access through or use .of property within the proposed subdivision. Page 3 The Vesting Tentative Map will not conflict with pre- existing easements. SECTION 4.Vesting Tentative Map Approval Granted. Vesting Tentative Map approval .is granted by the City Council under Palo Alto Municipal Code ("PAMC") Sections 21.12.090 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 Vesting Tentative Map prepared by BKF Engineers, Surveyors, and Planners titled "Classics at Sterling Park Vesting Tentative Map", consisting of i0 pages, dated and received July 19, 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 Vesting Tentative Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08.010, to be prepared in conformance with the Vesting Tentative Map as conditionally approved, and in compliance with the provisions of the~ Subdivision Map Act and PAMC Section 21.16.210 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 Vesting 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 Vesting Tentative Parcel Map approva! date (PAMC 21.13.020[c]) . SECTION 7.Term of Approval. Vesting Tentative Map. All conditions of approval of the Vesting Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]) . Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Vesting Page 4 Tentative Map approval, or such extension as may be granted, the Vesting Tentative Map shall expire and all proceedings shall terminate. Thereafter, no Final Map shall be filed without first processing a Vesting Tentative Map (PAMC Section 21.16.010[d]) . PASSED: 9-0 AYES:Beecham, Kleinberg, Cordell, Klein,Barton,Morton, Drekmeier, Kishimoto, and Mossar. NOES: ABSENT : ABSTENTIONS: AT ~T: y Clerk APPROVED AS TO FORM: -gi~e .f Planning and Community Environment Senior Deputy City Attorney PLANS ~D DPuhWINGS REFERENCED: Vesting Tentative Map prepared by "BKF Engineers, Surveyors, and Planners", received July 19, 2006. Page 5