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HomeMy WebLinkAboutStaff Report 195-08City of Palo Alto City Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT APRIL 7, 2008 CMR: 195:08 APPROVAL OF A FINAL MAP TO SUBDIVIDE THE ELKS LODGE SITE INTO TWO LOTS FOR A NEW LODGE AND A MULTI-FAMILY RESIDENTIAL PROJECT, LOCATED AT 4249 AND 4251 EL CAMINO REAL RECOMMENDATION Staff recommends that the City Council approve the proposed Final Map to subdivide the Elks Lodge Site into two lots, based upon findings and conditions contained within the Record of Land Use Action for the Tentative Map (RLUA, Attachment A). DISCUSSION On March 24, 2008, the City Council approved a Tentative Map to subdivide the 7-acre Elks Lodge site into two lots for a new Elks lodge and a 45-unit multi-family condominium residential project. The City Council approved the Tentative Map with the addition of the following condition of approval: "To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reirnbursing the City its actual attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice." The approval of the Final Map, proposed by SummerHill Homes on behalf of the property owner, Benevolent mad Protective Order of Elks (BPOE), would finalize the two-lot subdivision to facilitate the sale of the 3.97-acre Lot 2 to SumnaerHill Homes for the development of the CMR: 312:07 Page 1 of 3 approved 45-unit multi-family condominium project. Lot 1 would be a 2.82-acre parcel retained by BPOE for the future Elks Lodge. Approximately 0.34 acres of the Elks Lodge site, which is currently a public access easement for the southerly half of Deodar Street, would be permanently dedicated as a public street. The Final Map for the two lot subdivision and the approved Record of Land Use Action for the Tentative Map have been provided for the Council’s review and action. The Plarming Division, the Public Works Department and the City Attorney have reviewed the Final Map and have determined that it is consistent with the approved Tentative Map and its Record of Land Use Action. According to the State Subdivision Map Act, the City Council must therefore approve the Final Map. The map satisfies all approval conditions associated with the Tentative Map. Because of the terms of the purchase ageement between BPOE and SummerHill Hoines, the existing Elks Lodge will not be demolished until after the final map for the two-lot subdivision is recorded. In effect, the recordation of the proposed lot line would underlie the existing Elks Lodge structure until it is demolished. City staff has discussed the logistics of the demolition with the applicant. A bond or letter of credit would be provided by the applicant to the City to guarantee the demolition of the Elks Lodge and accessory structures immediately after final map recordation. ENVIRONMENTAL REVIEW Al1 h-fitial Study was prepared and a Mitigated Negative Declaration was adopted on October 25, 2007 by the Director of Plmming and Community Enviromnent for the project, including the Tentative Map. No further environmental review is required. PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: ~I~EN~ LEE STEVE EM5 Director amring and Community Environment EMILY HANSON Assistant City Manager ATTACHMENTS A.Record of Land Use Action of Tentative Map Approval B.Final Map (Council Members Only) CMR: 312:07 Page 2 of 3 COURTESY COPIES: Jim Baer, Premiere Properties Elaine Breeze, SummerHill Homes Carlin Otto Pem~y Ellson Jean Olmsted Denis Los~ CMR: 312:07 Page 3 oi"3 APPROVAL NO. 2008- RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 4249 AND 4251 EL CAMINO REAL: TENTATIVE MAP 07PLN-00140 (SUMMERHILL HOMES, APPLICANT) At its meeting on March 24, 2008, the City Council of the City of Palo Alto approved the Tentative Map to subdivide a parcel (approx. 6.79 acres) into two !ots, which would be developed into residential multi-family homes on one !ot and a new fraterna! !odge on the other lot, making the fol!owing findings, determination and declarations: SECTION I.Background. The City Council of the City of Palo Alto ("City Counci!") finds, determines, and declares as follows: A.Proposed by SummerHill Homes on behalf of the Benevolent and Protective Order of Elks (BPOE), this project involves the subdivision of the Elk’s Lodge site (approx. 6.79 acres total)into two lots. Lot i, to be retained by BPOE, would be 122,872 square feet and would be developed with a new Elks Lodge and Lot 2,to be sold to SummerHill Homes, would be 172,891 square feet and deve!oped with 45 multi-family dwelling units. In addition,.34 acres of the Elks Lodge site would be dedicated to the City as a public right of way to create Deodar Street. B.The Tentative Map plan set includes information on the existing parcels, onsite conditions, and the layout of the proposed new !ors. 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), as wel! as the design requirements concerning the creation of !ots, streets, walkways, and similar features (PAMC 21.20). C.Because of financial reasons and the purchase agreement between BPOE and SummerHill Homes, the buyer and deve!oper of Lot 2, the existing Elks Lodge will not be demolished unti! after the fina! map for the two !ot subdivision is recorded. In effect, the proposed lot line subdividing the Elks Lodge site into two !ots would slice through the existing Elks Lodge structure. City Staff has discussed the logistics of the demolition with the applicant and an agreement was reached that a bond or letter of credit would be provided by the applicant to the City to guarantee the demolition of the Elks Lodge prior to final map recordation. The actual demolition of the Elks Lodge and accessory structures would occur immediately after fina! map recordation. Conditions pertaining to the demolition of the Elks Lodge are included in the attached draft Record of Land Use action. With the incorporation of conditions relating to the demolition of the Elks Lodge, Staff and City departments have determined that the two-lot Tentative Map application is in compliance with zoning, subdivision, and other codes and ordinances. D.The City Counci! hearing was continued from January 22, 2008 to al!ow staff and the applicant to respond to Counci!’s request for the provision of a more direct pedestrian and bicycle access across the site to Wilkie Way. SECTION 2. Environmental Review.The California Environmental Quality Act (CEQA) lists a land division of property in an urbanized area into four or fewer parcels as exempt from CEQA if the subdivision is in conformance with all zoning regulations. As such, the proposed two !or subdivision would generally be exempt from the requirements of CEQA. However, CEQA requires that a Lead Agency examine the potential environmental impacts of the ’whole of an action’ which has the potentia! to physically change the environment, directly or ultimately, and not just the act of merely subdividing a parcel into two !ots. In this case, the two lot subdivision would ultimately facilitate the construction of two developments - a new fraterna! !odge and a 45 unit multi-family development - which are not exempt from CEQA requirements. Prior to Architectural Review approval of the proposed SummerHill Homes multi-family development, Staff prepared an Initial Study and Draft Mitigated Negative Declaration which discussed the potentia! impacts of the two lot subdivision, the SummerHill Homes development and the new Elks Lodge deve!opment. The documents were made available for a 20 day public review period between August 31, 2007 and September 19, 2007. No public comments were received during this review period. The Environmenta! Assessment found that the impacts produced by the project, including the development of the single-family homes and the new Elks Lodge, would have less than significant impacts on the environment with the incorporation of mitigation measures. Since state law requires the adoption of an Initial Study and Mitigated Negative Declaration prior taking action on a discretionary project, these environmental documents were adopted on October 25, 2007 by the Director of Planning and Community Environment, prior to Architectural Review of the proposed SummerHill Homes deve!opment. SECTION 3.Tentative Map Findings. A legislative body of a city shall deny approval of a Preliminary Parcel 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: This finding can not be made in the affirmative. The site does not lie within a specific plan area and is consistent with the provisions of the Comprehensive Plan. The land use designation in the area of the subdivision is Multiple Family Residential and the zoning designations are RM-15 and RM-30. The proposed development of multi-family dwelling units on Lot 2 is consistent with the land use and zoning designations of the site. The reconstruction of a new Elks Lodge on Lot 1 is allowed as a grandfathered use on the site pursuant to City of Palo Alto Ordinance No. 3892. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: This finding can not be made in the affirmative. The map is consistent with the fol!owing Comprehensive Plan policies: (I) Policy L-I - Limiting future urban deve!opment to currently developed lands within the urban service area; (2)Policy L-6: Where possible, avoid abrupt changes in scale and density between residential and non-residentia! areas and between residential areas of different densities; (3) Policy L-12 - Preserve the character of residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures; (4)Policy L-35 - Establish the South E! Camino Rea! area as a wel!-designed, compact, vita!, Multi-neighborhood Center with diverse uses, a mix of one-, two-, and three-story buildings, and a network of pedestrian-oriented streets and ways. The new Elks Lodge would be situated at the E1 Camino Real frontage such that there is desirable definition of the streetscape compared to the existing site where a large parking !or exists. The new Elks Lodge would act as a buffer to the proposed multi-family homes by SummerHill Homes. 3. That the site is not physically suitable for the type of development : This finding can not be made in the affirmative. The site can accommodate the proposed subdivision. The lots conform to the width, depth, and area requirements of the RM-30 and RM-15 districts. The design of the multi-family units by SummerHill Homes and the new Elks Lodge require Architectural Review approva!. The proposed multi-family development by SummerHill Homes was granted Architectura! Review approva! on October 30, 2007 after a recommendation of approval from the Architectura! Review Board on October 18, 2007. The Preliminary Architectural Review of the new Elks Lodge was reviewed by the Architectural Review Board on August 2, 2007. A formal application for the Elks Lodge has not yet been submitted. 4. That the site is not physically suitable for the proposed density of development: The subdivision would be consistent with the site development regulations of the RM-30 and RM-15 districts and would not affect the location of the existing property lines at he perimeter of the site. 5. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habi tat : The subdivision would not cause environmental damage or injure fish, wildlife, or their habitat, as the site is currently deve!oped with accessory uses and facilities of the permitted fraternal organization on the site. However, the applicant is required to implement mitigation measures to reduce impacts to tree-nesting raptors and trees during demolition and construction on Lots 1 and 2 as specified in the Mitigated Negative Declaration and as reflected in the conditions of Section 6 of this Record. 6. That the design of the subdi vi si on or type of improvements is likely to cause serious public health problems: This finding can not be made in the affirmative. The subdivision of the existing parcel into two lots will not cause serious public health problems. 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~ent 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 subdivision of the existing parcel wil! not conflict with easements of any type, in that the subdivision is compatible with the emergency vehicle access easement along the northern property line and any utility easements that would be required to serve the proposed deve!opments on Lots 1 and 2. 4 SECTION 4.Approval of Tentative Map. Tentative Map approva! is granted by the City Counci! 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 approva! by the City Council of the City of Palo Alto shall be in substantia! conformance with the Tentative Map prepared by Brian Kangas Foulk titled "Tentative Map Elks Subdivision", consisting of five pages, date stamped December 3, 2007, except as modified to incorporate the conditions of approval in Section 6. A copy of this Tentative 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 shal! cause the subdivision or any part thereof to be surveyed, and a Fina! Map, as specified in Chapter 21.08, to be prepared in conformance with the Tentative Map as conditionally 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 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, shal! 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]) . o To the extent practical, construction activities should be performed or vegetation removed from September through February to avoid the general nesting period of birds. If demolition, construction or vegetation remova! can not be performed during this period, pre-demolition and construction surveys should be performed by a qualified biologist no sooner than 14 days prior to demolition and construction activities to locate any active nests prior to the start of demolition/construction and prior to removal of any tree. If active nests are observed, buffer zones will be established around active nesting trees, with a size acceptable to the California Department of Fish and Game. Construction activities shall avoid buffered zones and no tree wil! be removed until the young have fledged or the nest is otherwise abandoned. To the maximum extent possible, the project shal! comply with al! Design Guidelines 6.1 and 6.2 Protection Measures of ’A Tree Protection Plan for the Elks Residential Deve!opment’ by David L. Babby, RCA, June 20, 2007 and al! guidelines stated in Section 4.2 and Section 7.0 Tree Protection Guidelines of ’A Tree Protection Plan for the New Elks Lodge,’ by David L. Babby, August 24, 2007. Applicant shall file a tree removal permit for the trees planned for removal. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approva! authorized hereby for the Project, including (without limitation) reimbursing the City its actual attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. Public Works Department Prior to Final Map Recordation: 6.The Elks Lodge shall be abandoned. All utilities servicing the Elks Lodge must be disconnected in accordance with the City of Palo Alto Utilities Department guidelines. 8.The Elks Lodge shall be "red-tagged" by the Building Division. The Elks organization shal! provide Public Works Engineering (PWE) a copy of an executed contract with a licensed demolition contractor providing for the demolition of the existing Elks Lodge. i0.The Elks organization shal! provide the City of Palo Alto with a bond or letter of credit to guarantee the demolition of the Elks Lodge. The amount of the bond or letter of credit shall be determined by PWE and based upon the review of the estimate of demolition as provided by the contractor. I!.A Construction and Demolition (C&D) plan and permit for the demolition of the existing structure shal! be submitted and approved and shall accompany the contract and bond for that demolition. SECTION 7.Term of Approval. Tentative Map. All conditions of approval of the Tentative Map shal! be fulfilled prior to approval of a Fina! 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 Tentative Map approva!, or such extension as may be granted, the Tentative Map shall expire and al! proceedings shal! terminate. Thereafter, no Final Map shall be filed without first processing a Tentative Map (PAMC Section 21.16.010[d]) . PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Director of Planning and Community Environment Senior Asst. City Attorney PLAIqS AI~D DR_hWINGS REFERENCED: Those plans prepared by Brian Kangas Foulk titled, "Tentative Map Elks Subdivision", consisting of five pages, dated February 28, 2008. 7