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HomeMy WebLinkAbout2019-10-30 Planning & transportation commission Agenda Packet_______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes or less to accommodate a larger number of speakers. Planning & Transportation Commission Regular Meeting Agenda: October 30, 2019 Council Chambers 250 Hamilton Avenue 6:00 PM Call to Order / Roll Call Oral Communications The public may speak to any item not on the agenda. Three (3) minutes per speaker.1,2 Agenda Changes, Additions, and Deletions The Chair or Commission majority may modify the agenda order to improve meeting management. City Official Reports 1. Directors Report, Meeting Schedule and Assignments Study Session Public Comment is Permitted. Three (3) minutes per speaker.1,3 Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Three (3) minutes per speaker.1,3 2. PUBLIC HEARING/QUASI-JUDICIAL. 470 Olive Avenue [18PLN-00148]: Recommendation on Applicant's Request for a Zoning Code Text Amendment to Allow an Exception to the Nonconforming Use Amortization Provisions that are Applicable to the Site. The Applicant has Requested the Text Amendment to Allow an Existing Office Use to Remain in a Single Family Residential Zoning District for Five Years. The Existing Commercial Structure is Located on Two Parcels: 470 Olive Avenue is Zoned Single Family Residential (R-1) and 2951 El Camino Real is Zoned Service Commercial (CS). Environmental Assessment: Exempt from CEQA Per Guidelines Section 15301 (Existing Facilities). For More Information Contact the Project Planner Samuel Gutierrez at samuel.gutierrez@cityofpaloalto.org _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes or less to accommodate a larger number of speakers. Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 3. August 28, 2019 Draft PTC Meeting Minutes 4. September 11, 2019 Draft PTC Meeting Minutes Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items Adjournment _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes or less to accommodate a larger number of speakers. Palo Alto Planning & Transportation Commission Commissioner Biographies, Present and Archived Agendas and Reports are available online: http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are: Chair William Riggs Vice Chair Michael Alcheck Commissioner Ed Lauing Commissioner Giselle Roohparvar Commissioner Doria Summa Commissioner Carolyn Templeton Commissioner Asher Waldfogel Get Informed and Be Engaged! View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel 26. Show up and speak. Public comment is encouraged. Please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Commission Secretary prior to discussion of the item. Write to us. Email the PTC at: Planning.Commission@CityofPaloAlto.org. Letters can be delivered to the Planning & Development Services Department, 5th floor, City Hall, 250 Hamilton Avenue, Palo Alto, CA 94301. Comments received by 2:00 PM two Tuesdays preceding the meeting date will be included in the agenda packet. Comments received afterward through 2:00 PM the day of the meeting will be presented to the Commission at the dais. Material related to an item on this agenda submitted to the PTC after distribution of the agenda packet is available for public inspection at the address above. Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. Planning & Transportation Commission Staff Report (ID # 10778) Report Type: City Official Reports Meeting Date: 10/30/2019 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: City Official Report Title: Directors Report, Meeting Schedule and Assignments From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) review and comment as appropriate. Background This document includes the following items: • PTC Meeting Schedule • PTC Representative to City Council (Rotational Assignments) • Tentative Future Agenda Commissioners are encouraged to contact Vinh Nguyen (Vinhloc.Nguyen@CityofPaloAlto.org) of any planned absences one month in advance, if possible, to ensure availability of a PTC quorum. PTC Representative to City Council is a rotational assignment where the designated commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi- judicial and legislative matters. Representatives are encouraged to review the City Council agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards- and-commissions/planning-and-transportation-commission. The Tentative Future Agenda provides a summary of upcoming projects or discussion items. Attachments: • Attachment A: October 30, 2019 PTC Meeting Schedule and Assignments (DOCX) 1 Packet Pg. 4 Draft Planning & Transportation Commission 2019 Meeting Schedule & Assignments 2019 Schedule Meeting Dates Time Location Status Planned Absences 1/30/2019 6:00 PM Council Chambers Regular 2/13/2019 6:00 PM Council Chambers Regular 2/27/2019 6:00 PM Council Chambers Regular Cancelled 3/4/2019 11:00AM Community Meeting Room Special 3/13/2019 6:00 PM Council Chambers Regular Roohparvar 3/27/2019 6:00 PM Council Chambers Regular 4/10/2019 6:00 PM Council Chambers Regular 4/24/2019 6:00 PM Council Chambers Regular Cancelled 5/08/2019 6:00 PM Council Chambers Regular Riggs 5/29/2019 6:00 PM Council Chambers Regular Cancelled 6/12/2019 6:00 PM Council Chambers Regular 6/26/2019 6:00 PM Council Chambers Regular Cancelled 7/10/2019 6:00 PM Council Chambers Regular Cancelled 7/31/2019 6:00 PM Council Chambers Regular Cancelled 8/14/2019 6:00 PM Council Chambers Regular Asher Waldfogel 8/28/2019 6:00 PM Council Chambers Regular 9/11/2019 6:00 PM Council Chambers Regular 9/25/2019 6:00 PM Council Chambers Regular Cancelled 10/09/2019 6:00 PM Council Chambers Regular Cancelled 10/30/2019 6:00 PM Council Chambers Regular 11/13/2019 6:00 PM Council Chambers Regular 12/11/2019 6:00 PM Council Chambers Regular 2019 Assignments - Council Representation (primary/backup) January February March April May June Doria Summa Asher Waldfogel Michael Alcheck Billy Riggs Ed Lauing Cari Templeton Michael Alcheck Billy Riggs Ed Lauing Cari Templeton Giselle Roohparvar Doria Summa July August September October November December Giselle Roohparvar Doria Summa Asher Waldfogel Michael Alcheck Billy Riggs Ed Lauing Asher Waldfogel Michael Alcheck Billy Riggs Ed Lauing Cari Templeton Giselle Roohparvar 1.a Packet Pg. 5 Draft Planning & Transportation Commission 2019 Tentative Future Agenda September 5, 2019 Draft-All Dates and Topics Subject to Change The Following Items are Tentative and Subject to Change: Meeting Dates Topics November 13, 2019 • San Antonio Road & East Charleston Road Intersection Improvements Project • Consideration of New PDA and PCA Designation • 4115 El Camino Real Tentative Condo Map • Study Session on co-housing To Be Scheduled: Topics Co-Working Office Model SB 50 Data Briefing 1.a Packet Pg. 6 Planning & Transportation Commission Staff Report (ID # 10558) Report Type: Meeting Date: 10/30/2019 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 470 Olive Avenue: Nonconforming Use Exception Title: PUBLIC HEARING/QUASI-JUDICIAL. 470 Olive Avenue [18PLN- 00148]: Recommendation on Applicant's Request for a Zoning Code Text Amendment to Allow an Exception to the Nonconforming Use Amortization Provisions that are Applicable to the Site. The Applicant has Requested the Text Amendment to Allow an Existing Office Use to Remain in a Single Family Residential Zoning District for Five Years. The Existing Commercial Structure is Located on Two Parcels: 470 Olive Avenue is Zoned Single Family Residential (R-1) and 2951 El Camino Real is Zoned Service Commercial (CS). Environmental Assessment: Exempt from CEQA Per Guidelines Section 15301 (Existing Facilities). For More Information Contact the Project Planner Samuel Gutierrez at samuel.gutierrez@cityofpaloalto.org From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Recommend denial of the proposed text amendment enabling continued office use of an R-1 zoned parcel. Staff recommend denial because (1) the parcel is not zoned for the current use, (2) commercial use beyond 1998 was forfeited by a prior owner who effectively withdrew a previous Council- approved exception allowing for retail use and had not implemented the conditions of approval, and (3) other conditionally permitted uses within the R-1 zone are possible avenues allowing for use of the existing facility without the need for a text amendment. 2 Packet Pg. 7 City of Palo Alto Planning & Development Services Department Page 2 Report Summary The applicant seeks a text amendment to Title 18 of the Palo Alto Municipal Code (Zoning Code) to allow an unpermitted office use to legally occupy the subject site. The applicant’s proposed text amendment would allow an office use to legally occupy the site for a specific period of time, while a rezoning from R-1 to Commercial Service (CS) would be permanent change to the site’s zoning. The requested amendment would authorize office use for five years on a site currently zoned R-1 (Single-Family Residential). In October 20171, the City Council conducted a Prescreening meeting to provide feedback to the owner on a potential request to rezone the 470 Olive parcel to Commercial Service (CS). Council observed the present owner had non-complying commercial use of R-1 zoned property since acquiring the property in 1994. Council indicated disfavor of this request, however Council did suggest that a formal application be submitted. The 470 Olive parcel is adjacent to 2951 El Camino Real, a property under the same ownership and zoned for commercial use (CS Service Commercial Zone). The building is a single building with two addresses that crosses the property line separating the two parcels at 470 Olive Avenue and 2951 El Camino Real. The commercial use of the 470 Olive site was subject to termination in 1998. The analysis section of this report provides a discussion of the zoning regulations applicable to the site. There are several implications of the requested text amendment the PTC should consider, including: (1) Allowing continued commercial uses on site for 5 years would discourage redevelopment of the R-1 zone parcel for one to two residential units. (2) City Council previously provided a path for non-residential uses to be allowed to continue on the site with specific conditions that had to be met. However, the previous property owner informed the City in writing that they would no longer seek the amortization and would not be making the required site improvement conditioned by City Council. (3) The current office use is unpermitted. Granting this text amendment might signal to the community that illegally converting residentially zoned land to office use is allowed if property owners first violate the law and then seek a text amendment. (4) The R-1 zoning of 470 Olive does not require the site to be redeveloped into a permitted single-family use; instead, the owner could consider conditionally permitted, non- housing uses within the existing structure. Examples of conditionally permitted, non- residential R-1 uses include a community center or religious institutions. 1 CMR for October 2, 2017 Council prescreening are viewable at http://bit.ly/470olive2017 October 2, 2017 transcript is viewable at https://www.cityofpaloalto.org/civicax/filebank/documents/62983 2 Packet Pg. 8 City of Palo Alto Planning & Development Services Department Page 3 Overall, the requested text amendment is not readily supported by staff as it would prevent the R-1 zone parcel from being redeveloped for a housing unit during the next 5 years. Background Project Information Owner: Jessica Rose Agramonte Architect: N/A Representative: N/A Legal Counsel: N/A Property Information Address: 470 Olive Avenue Neighborhood: Ventura Lot Dimensions & Area: 50’ by 119.7’; 5,983 sf Housing Inventory Site: No Located w/in a Plume: Yes; COE Plume Area Protected/Heritage Trees: None Historic Resource(s): Determined to have no historic status Existing Improvement(s): Approximately 3,710 sf; Single-Story Building; Approximately 18’ tall; Built 1968 Existing Land Use(s): General Office Use Adjacent Land Uses & Zoning: North: Single Family Residential (R-1) West: General Office (CS) East: Single Family Residential (R-1) South: Retail (CS) Special Setbacks: None Aerial View of Property: 2 Packet Pg. 9 City of Palo Alto Planning & Development Services Department Page 4 Source: Google Maps Land Use Designation & Applicable Plans/Guidelines Zoning Designation: Single Family Residential (R-1) Comp. Plan Designation: Single Family (SF) Context-Based Design: Not Applicable Downtown Urban Design: Not Applicable SOFA II CAP: Not Applicable Baylands Master Plan: Not Applicable ECR Guidelines ('76 / '02): Not Applicable Proximity to Residential Uses or Districts (150'): Yes; adjacent to R-1 Residential Uses & District Located w/in AIA (Airport Influence Area): Not Applicable Prior City Reviews & Action City Council: Pre-Screening; October 2, 2017 (http://bit.ly/470olive2017) (Transcript https://www.cityofpaloalto.org/civicax/filebank/documents/62983) PTC, HRB, ARB: None 2 Packet Pg. 10 City of Palo Alto Planning & Development Services Department Page 5 Prior Council Actions On July 20, 1978, the Council rezoned the 470 Olive Avenue portion of the site to R-1. This was a part of a larger action to achieve consistency between the zoning map and the Comprehensive Plan Land Use Designation Map for several parcels in the area. This action rendered the commercial use of the 470 Olive Avenue parcel as “legally nonconforming”. Commercial uses onsite became subject to amortization, with a termination date of September 11, 1998 as the existing building was determined to be a “Type III” structure (PAMC 18.70.070(2)&(3)). On October 5, 1987, the City Council approved an exception to the nonconforming use termination provision for the site, subject to conditions. However, the prior property owner did not implement these required conditions. Instead, the owner confirmed, via a letter to the City dated March 28, 1988, that they would not to pursue the Council-approved exception. Therefore, the nonconforming use termination deadline of September 11, 1998 remained in effect. However, the commercial use continued on the property after the termination deadline. In 2014, before the 2016 ordinance restricting conversions of retail, the extensive retail use was changed to an office use. The owner was unable to obtain a Use and Occupancy Permit for the conversion to office use, given the R-1 zoning of the property and 1998 amortization deadline. On October 2, 2017, Council conducted a prescreening discussion regarding the owners request to rezone the property. The owner had proposed returning to the original Commercial Service zoning for the 470 Olive parcel. The link to the 2017 Council report and transcript are noted above. At that hearing, Council’s unfavorable comments towards a potential rezoning request led to the owner’s proposal for text amendment. On May 1, 2018, the property owner submitted a formal application for a text amendment exemption for a non-conforming use amortization for the site. Project Description The applicant requests a zoning code text amendment to allow for an exception to the nonconforming use amortization provisions applicable on the site. The text amendment would allow an existing office use to remain in an R-1 Single Family Residential Zoning District. The existing commercial structure is located across two parcels. One parcel is zoned R-1 Single Family Residential (470 Olive Ave) with frontage only on Olive Avenue. The other parcel is zoned CS Service Commercial (2951 El Camino Real) and has frontage only on El Camino Real. Requested Entitlements, Findings and Purview: The following discretionary application is being requested and subject to PTC purview: • Zoning Text Amendment: The process for this type of application is set forth in PAMC 18.80.010. Amendments to title may be done by changing the boundaries of districts, or by changing the regulations applicable within one or more districts, or by changing any other provision of this title, whenever the public interest or general welfare may so 2 Packet Pg. 11 City of Palo Alto Planning & Development Services Department Page 6 require. The PTC’s recommendation will be forwarded to the City Council for final action. Analysis2 Neighborhood Setting and Character The existing one-story commercial building was constructed in 1968, located on two adjoining parcels: 2951 El Camino Real and 470 Olive Avenue (Attachment A). At the time of construction, the entire site was zoned Commercial Service (CS) and was occupied by an extensive retail use (organ and piano sales). As previously stated, due to Council action in 1978, the adjoining 2951 El Camino Real and 470 Olive have separate zoning districts and Comprehensive Plan land use designations. Adjacent to 2951 El Camino, the corner property at 2999 El Camino Real is under separate ownership and is currently occupied by a Verizon retailer. The 470 Olive Avenue parcel is zoned R-1 and designated Single Family Residential (SF). The 470 Olive Avenue parcel abuts single-family, R-1 zoned residential parcels to the north and east. Commercial uses onsite at 470 Olive became subject to amortization. Proposed Text Amendment The applicant’s proposal is for an exemption from the Non-Conforming Use Amortization for the site (PAMC Section 18.70.070). The proposed text amendment seeks to allow commercial uses consistent with those of the adjacent, CS-zoned corner parcel (2951 El Camino Real). The requested text amendment seeks to revive and extend the expired amortization schedule to 5 years from the date of this amendment application. In the intervening 5 years, the applicant states they will develop a proposal for a mixed use residential and commercial project on the two adjoining sites. No such proposal or application has been submitted to date. The applicant has stated that the requested text amendment should be supported for the reasons summarized below and further described in the Applicant’s letter (Attachment C): 1. The subject site has a portion of a single building (interconnected) that spans between two parcels that was built and permitted for commercial use in 1968. 2. The subject sites’ building has been structurally and operationally linked to 2951 El Camino Real, sharing a single building built with a connecting doorway, and a single drive-through parking lot. 470 Olive Avenue has always had two commercial loading docks, one with a metal roll-up door. 2 The information provided in this section is based on analysis prepared by the report author prior to the public hearing. Planning and Transportation Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to take an alternative action from the recommended action. 2 Packet Pg. 12 City of Palo Alto Planning & Development Services Department Page 7 3. 470 Olive Avenue was initially zoned CS, but as we recently became aware, was re- zoned in 1978 to R-1 (Comprehensive Plan for City of Palo Alto). However, 470 Olive has always operated as Commercial use, never for residential and is located in an area of Commercial Use. The first occupants were Carnes Piano, where customers walked through the entire building spanning 2951 El Camino and 470 Olive. 4. The ground water monitoring wells are in service conducted monthly on site by the San Francisco Bay Regional Water Quality Control Board. In 1993 several Superfund ground water quality test wells were installed in the parking lot of 470 Olive Ave. While this is feasible for Commercial use, it is not feasible for Residential use. 5. 470 Olive is in line with the Commercial Zone (CS) boundary directly across the street on Olive Avenue. 6. The formal request for an exception to the amortization schedule for Nonconforming Use Amortization Code section 18.70.070, is to continue the commercial office use of the existing building at 470 Olive Avenue for a maximum of five years, while the applicant develops and files an application for Multifamily Residential Development. Land Use History and Code Enforcement As noted above under Prior Council Actions, the October 5, 1987 Council approved exception from the code required termination schedule for nonconforming uses subject to specific conditions. The conditions required improvements to the on-site parking lot, landscaping, exterior lighting, and that a vehicular access easement be recorded between the El Camino Real and Olive Avenue parcels. These conditions were to be addressed within one month of the Council Action via a submitted modification plan for Staff review. However, the owner did not implement the required improvements within the stated timeframe. In fact, the property owner submitted a letter to the City on March 28, 1988, confirming that they would not pursue the exception approved by the City Council. Therefore, the nonconforming use termination deadline of September 11, 1998 remained in effect on the site. The current code does not provide further opportunity for the owner to seek or the City to grant another exception without a text amendment. To date, there are no records of actions on behalf of the City to abate the nonconforming use following the September 11, 1998 termination deadline. The current property owner became aware of the termination requirements during a discussion with City staff about the requirements for a Use and Occupancy permit for office use. There is no active code enforcement case. Zoning Compliance3 3 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca 2 Packet Pg. 13 City of Palo Alto Planning & Development Services Department Page 8 The existing building at 470 Olive Avenue is not in conformance with the R-1 Zoning Code. Attachment B is a detailed review of the proposed project’s consistency with applicable zoning standards. The existing building on the subject site is not in compliance with R-1 Zoning development standards. Non-compliance includes interior/rear setbacks, covered parking, rear and interior daylight planes, and rear yard coverage limit (>50% of rear yard is covered with a structure). Though, the existing commercial structure is not currently suitable for use as a single-family residence there are as mentioned above conditional uses that can be explored by the applicant to occupy the existing building. The requested text amendment would allow deviation from the R-1 zoning district permitted land uses for office to occupy the building for a duration of five years. The amendment would allow for continued use of the commercial building for commercial uses for 5 years from the filing of the application. Multi-Modal Access & Parking The subject site has a one-way driveway that exits onto Olive Avenue. The one-way driveway begins at El Camino Real and continues across the adjacent commercial property at 2951 El Camino Real, which is under common ownership with 470 Olive. As shown in the diagram, this common driveway is only wide enough for one-way traffic plus diagonal parking spaces. Cars enter the two sites from El Camino Real and exit the sites through the 470 Olive parcel onto Olive Avenue. Replacement with a two-way drive aisle on the 2951 El Camino parcel, at a minimum width of 23 feet, would result in the loss of approximately eight parking spaces. Redevelopment & Other Uses Redevelopment of the 470 Olive parcel with a structure that would be suitable for a single family home would be impactful to the circulation and parking for 2951 El Camino Real. The City would require the current diagonal parking spaces on 2951 El Camino Real to be removed and replaced with 90-degree parking spaces and a drive aisle with adequate width for two-way traffic. Sufficient back up area is needed to allow safe ingress and egress to El Camino Real. Application and, pending approvals, subsequent granting of a Conditional Use Permit for conditionally approved R-1 uses may not have any impact on the parking or circulation. No 2 Packet Pg. 14 City of Palo Alto Planning & Development Services Department Page 9 application has been made at this time, so evaluation would occur at the time an application is submitted. Past City Council action required the property owner to record an easement over the two parcels for the purposes of maintaining vehicular access, circulation, and for mutual use of parking by both parcels if the parcels were to become individually owned. While it is not legally possible for the same property owner to grant an easement to themselves, the property owner could be required by covenant to grant such an easement, should one of the properties be sold in the future. California-Olive-Emerson (COE) Plume Monitoring The COE plume, which extends to the 470 Olive parcel from the Stanford Research Park across El Camino Real, is monitored on this site. Staff contacted the San Francisco Bay Regional Water Quality Control Board for information regarding the COE plume testing wells on-site. The COE plume testing wells are located approximately 24 ft from the front property line. These wells need to be regularly accessed for monitoring the plume. The existing wells would need to be taken into consideration when redeveloping the property. This proximity would likely require any new residential structure to be placed even further back than the required minimum 20- foot front yard setback. Though the site could be redeveloped with a new, complying single-family residence, conditionally permitted R-1 uses could also be requested. Such uses could be established within the existing building, with associated building modifications. Conditionally Permitted Uses include community center, private educational facility, church, and daycare center. In any case, a conditional use or permitted use (new residential construction) would need to allow for ongoing plume monitoring via these on-site wells. Policy Implications The existing site is developed for commercial use and not for residential use. Allowing the site to continue to operate a commercial use would not be significantly different than the historic use of the site. However, the property use was previously approved and permitted as an extensive retail use rather than office use. Allowing the continued use of the site for commercial enterprise on an R-1 zone lot may prevent the site from being redeveloped for residential use. The property at 470 Olive has the potential to yield two housing units via a single-family home and an accessory dwelling unit (ADU). Denial of the request would require the owner to consider redeveloping the site or proposing a different use within the building. Establishment of a conditionally permitted R-1 use would require discretionary review and approval of a conditional use permit by the Director of Planning & Development Services. Abating non-complying uses on the site and redeveloping the site for housing uses permitted under the R-1 zoning code would impact the parking and circulation of the adjacent CS zoned parcel at 2951 El Camino Real. Instead, the R-1 zoning could remain and a Conditionally 2 Packet Pg. 15 City of Palo Alto Planning & Development Services Department Page 10 Permitted Use could be established on the site and retain the parking circulation, with site modifications to improve the site and address code requirements. If single family housing were developed on 470 Olive, the 2951 El Camino Real parking lot would need adjustment to accommodate vehicle access to and from El Camino Real. Due to the potential housing impact of the requested text amendment, especially the length of the extension (at 5 years), staff does not recommend approval of the applicant’s request. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the requested text amendment is not a project under CEQA as it does not involve changing the existing conditions on the site. No environmental impacts are associated with the requested entitlement. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on October 18, 2019, which is 12 days in advance of the meeting. Postcard mailing occurred on October 18, 2019, which is 12 days in advance of the meeting. Public Comments As of the writing of this report, no project-related, public comments were received. Alternative Actions In addition to the recommended action, the PTC may: 1. PTC may recommend that staff return to the PTC with modifications to the text amendment. Report Author & Contact Information PTC4 Liaison & Contact Information Samuel Gutierrez, Planner Rachael Tanner, Assistant Director (650) 329-2225 (650) 329-2167 samuel.gutierrez@cityofpaloalto.org Rachael.Tanner@CityofPaloAlto.org Attachments: • Attachment A: Vicinity Map and Site Photos (PDF) • Attachment B: Draft Record of Land Use Action for Denial (DOCX) • Attachment C: Zoning Comparison Table (DOCX) • Attachment D: Applicant's Request Letter (PDF) • Attachment E: Previous Approvals and Background (PDF) 4 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 2 Packet Pg. 16 119.7' 50.0' 119.7' 50.0' 19.7' 50.0' 119.7' 139.5' 139.5' 50.0' 66.9' 200.0' 66.9' 200.0' 50.0' 50.0' 134.7'134.7' 50.0' 134.7' 50.0' 134.7' 50.0' 134.7' 50.0' 50.0' 150.0' 150.0' 50.0' 119.7' 50.0' 119.7' 50.0 119.7' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 47.9' 150.0' 47.9' 150.0' 95.7' 150.0' 95.7' 150.0' 95.7' 150.0' 95.7' 150.0' 200.0' 72.6' 200.0' 72.6' 119.5' 119.5' 119.5' 50.0' 50.0' 50.0' .0' 109.8' 150.0' 451 441 450 460 470 2875 412 420 430 440 450 451 441 431 456 470 471 461 2999 2951 2905 461 3017 3001 473 51 OLIVE AVEN UE PEPPER A VENUE A MINO REAL O REAL This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Building Roof Outline Underlying Lot Line abc Easement abc Lot Dimensions Zone Districts abc Zone District Labels Tree 470 Olive Avenue 2951 El Camino Real 0' 70' 470 Olive Avenue CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto gowen, 2017-09-12 16:10:10 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) 2.a Packet Pg. 17 470 Olive Ave 2591 El Camino Real 470 Olive Avenue (site) and 2951 El Camino Real Source: Google Maps 2.a Packet Pg. 18 470 Olive Avenue Source: Google Maps 2.a Packet Pg. 19 2951 El Camino Real Source: Google Maps 2.a Packet Pg. 20 Page 1 of 9 APPROVAL NO. 2019-____ DRAFT RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE DENIAL OF REQUEST FOR TEXT AMENDMENT FOR AN EXCEPTION TO NON-CONFORMING USE AMORTIZATION PROVISIONS APPLICABLE TO 470 OLIVE STREET TO ALLOW CONTINUATION OF EXISTING OFFICE USE (FILE 18PLN-00148) On DATE, the Council held a duly noticed public hearing and, after considering all the evidence presented, hereby denies the request for a Zoning Code text amendment to allow an exception to the nonconforming use amortization provisions applicable on 470 Olive Street to allow an existing office use to remain in an R-1 Single Family Residential Zoning District. In denying the application, the Council makes the following findings, determination and declarations: SECTION 1. Background. A. The ‘Project’ is a request for a Zoning Code text amendment allowing for an exception to the nonconforming use amortization provisions that are applicable on the site to enable an existing office use to remain an additional 5 years within a commercial structure existing since 1968 on a site in the R-1 Single Family Residential Zoning District. The existing commercial structure is located on two parcels, one parcel is zoned R-1 Single Family Residential (470 Olive Ave) and one parcel zoned CS Service Commercial (2951 El Camino Real). B. The request is for legislative action by the City Council, to extend an amortization period and thereby allow continuation of commercial use of an R-1 zoned property. The City Council’s prior legislative actions for this site included: i. In 1978, the City Council rezoned the subject site and other nearby parcels to R-1, to achieve consistency with the Comprehensive Plan. The result of the rezoning was that the existing commercial use of the 470 Olive Avenue parcel became a legal nonconforming use. Council imposed an amortization schedule requiring termination of the commercial use by September 11, 1998 in accordance with Palo Alto Municipal Code (“PAMC”) Section 18.70.070. ii. On October 5, 1987, the City Council approved an exception to the nonconforming use termination provision for the site, subject to conditions. However, the prior property owner did not implement these required conditions. Instead, the owner confirmed, via a letter to the City dated March 28, 1988, that they would not pursue the Council-approved exception. Therefore, the nonconforming use termination deadline of September 11, 1998 remained in effect. However, the commercial use continued, along with its status as a non-conforming use. iii. On October 2, 2017, City Council conducted a prescreening discussion regarding the owner’s request to rezone the property to the Commercial Service (CS) zone. The Council was not generally in favor of rezoning the property to the CS zone. 2.b Packet Pg. 21 Page 2 of 9 C. On October 30, 2019, the Planning and Transportation Commission held a public hearing and reviewed and considered the request, staff’s recommendation for denial of the request, as well as alternatives to denial, and all information presented. The PTC recommended _______. D. On DATE, the City Council held a duly noticed public hearing, at which evidence was presented and all person were afforded an opportunity to be heard in accordance with the Palo Alto Municipal Code and the Council’s Policies and Procedures. SECTION 2. Environmental Review. Denials are not subject to Environmental Review. SECTION 3. Finding for Denial. The requested text amendment to extend the amortization period set forth in Palo Alto Municipal Code (PAMC) Section 18.70.070 is not supportable, given the underlying R-1 zoning and Comprehensive Plan land use designation (Single-Family Residential) of the site at 470 Olive Street. The amortization period for the commercial use of this property ended in 1998, but the commercial use has continued to date even though it is no longer allowed as a nonconforming use. The requested extension of time for additional use of this R-1 zoned property for office use is inconsistent with the Comprehensive Plan and the R-1 Zoning District. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Development Services APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney PLANS AND DRAWINGS REFERENCED: 1. Those plans prepared by _____ titled “______”, consisting of ___ pages, dated _____, (revised ______), and received ______. 2.b Packet Pg. 22 Page 3 of 9 2. ... 3. ... 2.b Packet Pg. 23 ATTACHMENT C ZONING COMPARISON TABLE 470 Olive Avenue, 18PLN-00148 Table 1: COMPARISON WITH CHAPTER 18.12 (R-1 DISTRICT) Regulation Required Existing Proposed Minimum/Maximum Site Area, Width and Depth 6,000-9,999 sf area, 60 ft width, 100 ft depth 5,983 sf area, 50 ft width, 119.7 ft depth No Change Minimum/Contextual Front Yard (2) 20 feet or the average setback (18.12.040(e)) ~35 ft No Change Rear Yard 20 feet 0 ft No Change Interior Side Yard 6 feet Left Side = 0 ft Right Side = 0 ft No Change Street Side Yard 16 feet Not applicable Special Setback 24 feet – see Chapter 20.08 & zoning maps Not applicable Max. Building Height 30 feet or 33 feet for a roof pitch of 12;12 or greater (3) ~18 ft No Change Side Yard Daylight Plane 10 feet at interior side lot line then 45 degree angle (6) Non-Compliant No Change Rear Yard Daylight Plane 16 feet at rear setback line then 60 degree angle (6) Non-Compliant No Change Max. Site Coverage 35% with an additional 5% for covered patio/ overhangs (2571.2 sf) ~3,710 sf No Change Max. Total Floor Area Ratio 45% for first 5,000 sf lot size and 30% for lot size in excess of 5,000 sf (2,679 sf) ~3,710 sf No Change Residential Density One unit, except as provided in 18.12.070 0 0 2.c Packet Pg. 24 (3) R-1 Floodzone Heights: Provided, in a special flood hazard area as defined in Chapter 16.52, the maximum heights are increased by one-half of the increase in elevation required to reach base flood elevation, up to a maximum building height of 33 feet. (6) R-1 Floodzone Daylight Plane: Provided, if the site is in a special flood hazard area and is entitled to an increase in the maximum height, the heights for the daylight planes shall be adjusted by the same amount. Table 2: PERMITTED LAND USES CHAPTER 18.12 (R-1 DISTRICT) R-1 and all R-1 Subdistricts Subject to Regulations for: ACCESSORY AND SUPPORT USES Accessory facilities and uses customarily incidental to permitted uses with no more than two plumbing fixtures and no kitchen facility, or of a size less than or equal to 200 square feet P 18.04.030(a)(3) 18.12.080 Accessory facilities and uses customarily incidental to permitted uses with more than two plumbing fixtures (but with no kitchen), and in excess of 200 square feet in size, but excluding second dwelling units CUP 18.12.080 Home occupations, when accessory to permitted residential uses P 18.42.060 Horticulture, gardening, and growing of food products for consumption by occupants of the site P Accessory Dwelling Units P(1) 18.42.040 Junior Accessory Dwelling Unit P(1) 18.42.040 EDUCATIONAL, RELIGIOUS AND ASSEMBLY USES Private Educational Facilities CUP Churches and Religious Institutions CUP PUBLIC/QUASI PUBLIC USES Community Centers CUP Utility Facilities essential to provision of utility services to the neighborhood, but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards CUP RECREATlON USES Outdoor Recreation Services CUP RESIDENTIAL USES Single-Family P Mobile Homes P 18.42.100 Residential Care Homes P SERVICE USES Day Care Centers CUP Small Adult Day Care Homes P Large Adult Day Care Homes CUP Small Family Day Care Homes P Large Family Day Care Homes P P = Permitted Use CUP = Conditional Use Permit Required 2.c Packet Pg. 25 (1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single-family residence on a lot is permitted, subject to the provisions of Section 18.42.040, and such that no more than two total units result on the lot. Table 3: CONFORMANCE with SECTION 18.12.060 and CHAPTER 18.52 (OFF-STREET PARKING) for SINGLE FAMILY RESIDENTIAL USES Type Required Existing Proposed Vehicle Parking 2 parking spaces per unit, of which one must be covered 7 spaces uncovered spaces, 5 non- complying (located within front yard setback) No Change 2.c Packet Pg. 26 October 21, 2019 To: City of Palo Alto Department of Planning and Community Environment Re: Code Amendment Request for 470 Olive Avenue, Palo Alto, CA 94306 (APN# 132-37-029); Zone District R-1 We have submitted an Application for Exemption from Non-conforming Use Amortization for 470 Olive Ave. (code section 18.70.070), consistent with historical use and matching Commercial (CS) use of the connecting inter-dependent parcel, 2951 El Camino Real which is zoned CS. A single building spans both parcels, originally developed in 1968. Since the date of this Application, we have been informed of the need for Multifamily Residential units in Palo Alto. We believe this is a good fit for these parcels and are working to incorporate the two adjacent parcels along El Camino Real as well, to allow a full block of Multifamily Development that is environmentally friendly and can provide over 60 residential units, mixed use, and drive through parking flow; we are currently arranging Multifamily Development finances. Therefore, we request a minor extension of the Amortization schedule be extended for 5 years from the date of this Application (05/1/18) to allow time to file a multifamily residential development application in 2020. With respect to this Application we submit the following relevant information: 1. A single building, built and permitted for Commercial use in 1968, spans both parcels: 2951 El Camino Real (APN# 132-37-052) and 470 Olive Ave (APN# 132-37-029) in Palo Alto, CA. 2. 470 Olive Avenue has always been structurally and operationally linked to 2951 El Camino Real, sharing a single building built with a connecting doorway, and a single drive-through parking lot. 470 Olive Avenue has always had two commercial loading docks, one with a metal roll-up door. 3. 470 Olive Avenue was initially zoned CS, but as we recently became aware, was re-zoned in 1978 to R-1 (Comprehensive Plan for City of Palo Alto). However, 470 Olive has always operated as Commercial use, never for residential and is located in an area of Commercial Use. The first occupants were Carnes Piano, where customers walked through the entire building spanning 2951 El Camino and 470 Olive. 4. 470 Olive has Superfund ground water well monitoring conducted monthly on site by the San Francisco Bay Regional Water Quality Control Board. In 1993 several Superfund ground water quality test wells were installed in the parking lot of 470 Olive Ave. (see site plan), while this monitoring is feasible for Commercial use, it is not likely feasible for Residential use due to single family residence setback requirements and well monitoring access. In addition, the number of units provided by Multifamily Development on 470 Olive Avenue far exceeds that which would be available from use as a single- family residence. 5. 470 Olive is in line with the Commercial Zone (CS) boundary directly across the street on Olive Avenue. 6. We wish to continue Commercial use of the existing building at 470 Olive Avenue for a maximum of five years, while we file and process an application for Multifamily Residential Development. Therefore, we request a minor 5 year extension of the Amortization Schedule of Exception to Non- conforming Use Amortization Code section 18.70.070, to match Commercial use of this single existing building that spans 470 Olive 2951 El Camino (zoned CS). 2.d Packet Pg. 27 7. In 1987, a prior owner applied for an Exception from the Non-conforming Use Termination requirement, which was unanimously approved. July 16, 1992, City of Palo Alto confirmed in a letter to the owner that this action allowed the existing non-conforming use to continue indefinitely, subject to site improvement. The letter suggested an option of applying for, ‘a zone change to change zoning of 470 Olive from R-1, back to CS, Service Commercial’. Unfortunately, the prior owner did not follow-up (or disclose) and we only recently became aware of this issue. We have submitted relevant historical documents. Since becoming aware of this situation we have taken proactive steps to find a solution that will allow us to continue to operate in a way that is non-intrusive to the neighborhood. There have never been complaints; the building buffers the neighborhood from El Camino noise, as was noted previously by City of Palo Alto in 1992. 8. October 2, 2017 the Palo Alto City Council conducted a prescreening and suggested this Code Amendment Application as a solution. Thank you, Jessica Rose Agramonte, Owner Email: Jessica.rose@stanford.edu; Cell: 650 380-3249 Will Agramonte, Manager Email: will@seriesz.com; Cell: 650 380-3249 Thomas Grant Agramonte, Manager Email: tgrant.agramonte@gmail.com Cell: 650 353-1538 2.d Packet Pg. 28 2.e Packet Pg. 29 2.e Packet Pg. 30 2.e Packet Pg. 31 2.e Packet Pg. 32 2.e Packet Pg. 33