HomeMy WebLinkAboutStaff Report 414-08City of Palo Alto
City Manager’s Summary Report
10
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:OCTOBER 20, 2008 CMR: 414:08
REPORT TYPE: CONSENT
SUBJECT:Adoption of a Resolution Designating 2560 Embarcadero Road, Known as
the Former Sea Scout Building, to be Eligible as a "Sender Site". in the
Transfer of Development Rights Program
RECOMMENDATION
Staff recommends that Council approve the attached Resolution designating 2560 Embarcadero
Road, known as the former Sea Scout building, to be eligible as a "Sender Site" in the Transfer
of Development Rights program. ~
BACKGROUND
The former Sea Scout building is a 2,209 square foot wood frame structure composed of two
one-story wings on each side and a taller center section equivalent to two stories in height. The
building was designed by Birge and David Clark, and donated to the City by Lucie Stem on May
30, 1941. Located in the Palo Alto Baylands Nature Preserve, the building is currently in poor
condition and its floors have been subjected to flooding during biannual extreme high tides. Its
rehabilitation requires extensive sub-floor rehabilitation and relocation to a higher elevation at or
near its current location in the Baylands Preserve.
On May 6, 2002, Council adopted the Historic Resources Board’s (HRB) recommendation to
designate the former Sea Scout building to the City of Palo Alto’s Historic Inventory in Category
1, as provided in Municipal Code Chapter 16.49. Council referred to the Policy and Services
Committee (P&S) consideration of how the building could become a viable element in the
Baylands to be used by the Sea Scouts and other organizations committed to preserving the
building for youth and other community uses. The Council also gave direction to the Committee
to review issuance of an RFP so that nonprofit organizations would be encouraged to participate.
On March 17, 2003, Council adopted the recommendation of the Policy and Services Committee
directing staff to: 1) remove the direction that the building be used for Sea Scout and other youth
CMR:414:08 Page 1 of 4
activities; 2) prepare a Request for Proposals (RFP) to solicit proposals for an option to lease the
facility; 3) in the process of selecting a tenant, give preference to an organization that would
allow space for public use; and 4) ensure that the tenant’s use of the building be compatible with
the Baylands. In response to the RFP, one proposal was received on April 13, 2004.
On October 12, 2004, Council approved the September 14, 2004 Policy and Services Committee
recommendation to: 1) not accept the proposal submitted by the Lucie Stern Maritime Center
responding to an RFP to relocate, repair and lease the former Sea Scout base: and 2) direct staff
to open discussions with Environmental Volunteers with a view of developing a long-term lease.
In accordance with Council direction, staff cooperated .with EV while it conducted analyses to
determine the feasibility of project for the former Sea Scout building based on the requirements
of the City’s RFP for the property. On January 2007, EV submitted a proposal for an option to
lease for the site.
On July 8, 2007, Council approved a motion to: 1) authorize the City Manager to execute an
Option to Lease Agreement with the Environmental Volunteers (EV); 2) waive certain City
processing fees for the project in accordance with Policy and Procedures 1-25, Public/Private
Partnerships; and 3) allow funds from the sale of the TDR Transfer Development Rights to apply
to the EV project capital costs up to $300,000 with any additional amount over $300,000 subject
to the approval of the City Council. The EV is a non-profit organization which promotes the
understanding of and responsibility for the environment through hands-on science education. The
Option to Lease Agreement, dated July 9, 2007, provides for a two-year option term during
which EV must receive required approvals of its project plans to rehabilitate, relocate and reuse
the former Sea Scout building and provide evidence it has the funds to complete the project. The
40-year lease provides for the EV to use the site as its office headquarters for conducting its
mission and providing other public benefits. (Refer to Attachment B for a project summary.)
On August 6, 2008, the HRB reviewed the EV project plans and its March 9, 2007 Historic
Structures report for the building and recommended approval with conditions to the Architectural
Review Board (ARB) and the Director of Planning and Community Environment (Planning
Director). The HRB affirmed that the proposed rehabilitation of the building meets the definition
of "Historic Rehabilitation" set forth in Municipal Code 18.18.030(b), and that the proposed plan
complies with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings. On August 21, 2008, the ARB recommended approval of the
project, including a Conditional Use Permit and an Initial Study/Draft Mitigated Declaration. On
September 4, 2008, the project received final approval from the Planning Director.
On September 15, 2008, Council adopted a Park Improvement Ordinance for the rehabilitation
and relocation of the Sea Scout Building in accordance with the approved EV project plans.
DISCUSSION
The purpose of the TDR program is to encourage and support the rehabilitation of historic
buildings. The program provides a floor area bonus for the qualified rehabilitation of Category 1
and 2 historic buildings and Seismic Category I, II, and III buildings which are either owned by
the City of Palo Alto or located in the Downtown CD zone district. The size of the bonus is
2,500 square feet, or 25% of the existing building, whichever is greater. Here, the estimated
bonus is 2,500 square feet. Floor area bonuses may be transferred (sold) from eligible "sender"
sites for use on eligible non-historic "receiver" sites in the Downtown. For City-owned property,
CMR:414:08 Page 2 of 4
floor area bonuses from eligible sender sites may be sold by the City on the open market through
a public bid process. Funds from the sale will be used to rehabilitate eligible City-owned historic
buildings.
Section 18.28.060(d) of the Zoning Code outlines five provisions for eligible City-owned
buildings to participate in the TDR program. A summary of those provisions is attached
(Attachment C). The first provides for the Council to designate by resolution City-owned
buildings that are Category 1 or Category 2 on the City’s historic inventory or Category I, II or
III on the City’s seismic hazards identification list as eligible to participate as "sender sites" in
the TDR program. As noted in the attached resolution,, the former Sea Scout building at 2560
Embarcadero Road in the Palo Alto Baylands is a Category I historic building on the City of Palo
Alto Historic Inventory and as such qualifies to be a "sender site" in accordance with the first
provision of Chapter 18.28.060(d). The resolution also notes the HRB review and
recommendation for approval of the EV project design and the March 9, 2007 Historic Structures
Report for the fotaner Sea Scout Building.
The second provision, requiring the City Manager to establish a public bidding process to sell the
bonus floor area development rights, has been completed and is attached (Attachment D). The
procedure, based on the City’s formal bidding procedures, involves an appraisal to establish the
minimum bid and Council approval of a Request for Bid Proposals (RFBP). Following Council
approval, staff will advertise the RFBP and once bids are received, return to Council for approval
of a bid proposal.
The March 9, 2007 Historic Structures Report prepared by EV for the building fulfills the third
provision of the attached summary requiring preparation of a historic structures report in
accordance with the standards and guidelines of the State Historic Preservation Office. The
proj ect has received approvals for its application from the HRB, ARB and Director or Planning
thus meeting the fourth provision. Satisfaction of the fifth provision, establishment by the City
Manager of a fund for the proceeds from the-TD~ sale, will occur following the sale of the TDR.
The Council has approved allowing the funds from the sale of the TDR to apply to the EV
project capital costs up to $300,000 with any additional amount over $300,000 subject to the
approval of the City Council.
TIMELINE
Staff will return to Council in a month or two for approval of the Request for Bid Proposals
(including results of the appraisal).
RESOURCE IMPACT
Approval of the attached resolution satisfies one of several provisions required prior to the sale
of the transferable development rights for the former Sea Scout building. Sale of these
development rights will result in revenues to be used for rehabilitation and adaptive re-use by the
EV of the former Sea Scout building in accordance with approved plans.
POLICY IMPLICATIONS
This recommendation is consistent with existing City policy.
ENVIRONMENTAL REVIEW
CMR:414:08 Page 3 of 4
The former Sea Scout building rehabilitation and relocation project will be in accordance with
the Initial Study/Draft Mitigated Declaration adopted by the Director of Planning on September
4, 2008.
PREPARED BY:
DEPARTMENT HEAD APPROVAL:
MARTHA MILLER
Senior Financial Analyst
LALO ~
Director/Administrative Services
CITY MANAGER APPROVAL:
ENE
~anager
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Resolution of the Council of the City of Palo Alto Designating the former
Sea Scout building Eligible as a "Sender Site" in the Transfer of
Development Rights program.
Summary of Environmental Volunteers proposed project
Summary of Provisions for Transfer of Development Rights for City-
owned Property
Procedure for Sale/Transfer of Development Rights
CMR:414:08 Page 4 of 4
ATTACHMENT A
RESOLUTION NO
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO DESIGNATING 2560 EMBARCADERO ROAD, KNOWN AS
THE FORMER SEA SCOUT BUILDING, TO BE ELIGIBLE AS A
"SENDER SITE" IN THE TRANSFER OF
DEVELOPMENT RIGHTS PROGRAM
WHEREAS, Chapter 18.28.060(d) of the Palo Alto Municipal Code (PAMC)
provides for the Council to designate one or more city-owned buildings that are Category
1 or Category 2 on the city’s historic inventory and/or Category I, II, III on the city’s
seismic hazards identification list as eligible to participate as "sender sites" in the
Transfer of Development Rights program as provided in Chapter 18.18 of the Zoning
Code;
WHEREAS, the former Sea Scout Building, located at 2560 Embarcadero Road
in the Palo Alto Baylands is designated as a Category I historic building on the City of
Palo Alto Historic Inventory; and
WHEREAS, on July 8, 2007, Council approved an Option to Lease Agreement with the
Environmental Volunteers, a non-profit educational organization, for the rehabilitation, relocation
and reuse of the former Sea Scout Base; and
WHEREAS, on August 6, 2008, the Palo Alto Historic Resources Board reviewed
the project plans submitted by Environmental Volunteers and its March 9, 2007 Historic
Structures report for the building and recommended approval with conditions to
Architectural Review Board and the Director of Planning and Community Environment
(Planning Director). The Historic Resources Board affirmed that the proposed
rehabilitation of the building meets the definition of"Hi~storic Rehabilitation" set forth in
Municipal Code 18.18.030(b), and that the proposed plan complies with the Secretary of
the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings; and
WHEREAS, on August 21, 2008, the Palo Alto Architectural Review Board
recommended approval of the project, including a Conditional Use Permit and an Initial
Study/Draft Mitigated Declaration; and
WHEREAS, on September 4, 2008, the project received final approval from the
Palo Alto Director of Planning and Community Environment.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as
follows:
SECTION 1. The former Sea Scout Building at 2560 Embarcadero Road, shown on
the attached Exhibit A, is hereby designated as a °’sender site" in the Transfer of Development
Rights program.
081001jb 0130378
SECTION 2. The former Sea Scout Building rehabilitation and relocation
project was the subject of An Initial Study/Draft Mitigated Declaration for the project
which was adopted by the Palo Alto Director of Planning and Community Environment
on September 4, 2008.
INTRODUCED AND PAS SED:
AYES:
NOES:
ABSENT:
AB S TENTION S:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst City Attorney
Mayor
City Manager
Director of planning and Community
Environment
081001jb 0130378
ATTACHMENT B
SUMMARY OF ENVIRONMENTAL VOLUNTEERS PROPOSED
HISTORIC REHABILITATION, RELOCATION AND REUSE OF THE FORMER
SEA SCOUT BASE, 2560 EMBARCADERO ROAD
Improvements
Relocation of the structure intact approximately four feet northwesterly of the
existing location, away from the bay, in order to place the building on a new
foundation to raise the building 3.5 feet and clear the 100-year base flood
elevation.
Use
Improvements to the 2,600 square foot building including:
1.the addition of approximately 261 square feet to the second floor
mezzanine;
2. construction of a 3-stall parking lot;
3. removal of portions of an existing sandbag seawall;
4. removal of a berm between the building and the road,
5. rerouting of an existing trail; and landscape improvements.
Retention of numerous character defining elements for the building in accordance
with the Historic Structures Report.
Retention and reuse each of the significant exterior and interior spaces.
¯Office headquarters for Environmental Volunteers to conduct its mission,
including meetings and training;
° Ecologically-oriented classes and exhibits.
Public Benefits
Benefits youth and the environment;
Provides public information and education to Baylands visitors
Rehabilitates and reuses a historic building.
Incorporates numerous "green" design features;
Restores the natural area around the site;
Completes the Marsh Front Trail;
Provides up to $75,000 of the cost of construction of a public restroom near the
Duck Pond.
ATTACHMENT C
SUMMARY OF
PROVISIONS FOR TRANSFER OF DEVELOPMENT RIGHTS
FOR CITY-OWNED PROPERTY
(Palo Alto Municipal Code Chapter 18.28.060 (d)
The city council by resolution may, from time to time, designate one or more city-
owned buildings that are Category 1 or Category 2 on the city’s historic inventory
and/or Category I, II, or III on the city’s seismic hazards identification list as
eligible to participate as "sender sites" in the Transfer of Development Rights
program as provided in Chapter 18.18 of the Zoning Code.
Before any transferable development rights are offered for sale, the city manager
shall establish, in writing, a public process using the city’s formal bidding
procedures to sell bonus floor area development rights from any sites so
designated by the city council. -
Before formally soliciting the participation of other organizations or agencies in
the rehabilitation of a city-owned historic building, the city should have a historic
structures report prepared by a qualified expert in accordance with the standards
and guidelines of the California State Office of Historic Preservation.
4.Before concluding a sale of transferable development rights for any city building,
the city shall comply with Section 18.18.080. ~
The city manager shall establish and maintain a special fund into which all
proceeds of the sale of transferable rights, and any interest thereon, shall be
deposited. Upon receipt and entry into the accounting records for the fund such
monies shall be considered committed to the rehabilitation of the city-owned
building from which the development rights were sold, or to the rehabilitation of
other city-owned buildings in the Historic Category 1 or 2 or Seismic Hazard
Categories I, II, or III.
CMR:XXX:XX Page 1 of 1
ATTACHMENT D
PROCEDURE FOR SALE/TRANSFER OF DEVELOPMENT RIGHTS
FOR CITY-OWNED PROPERTY
(Policy and Procedures 1-46/ASD)
POLICY STATEMENT
It is the policy of the City of Palo Alto that the dispos.al of City property and assets,
including the transfer of certified development rights, be accomplished through a public
bid process. To assure the highest return for sale of its assets, the process involves an
appraisal of fair market value and an open and competitive bid process. The City Council
may reject any or all bids and accept that bid which will, in its opinion, best serve the
public interest.
PROCEDURE
Following designation of a city-owned site as an eligible "sender site," and
determination of a floor area bonus in accordance with Palo Alto Municipal Code
Chapters 18.18.070, 18.18.080 and 18.28.060 (d), the Real Property Manager
shall appraise (or have appraised) the value of the rights to be sold to determine a
minimum bid.
The Real Estate Division shall prepare a Request for Proposals (RFP) to be placed
on the Council Consent Calendar for approval. The RFP shall specify whether
overbids shall be accepted.
3. Upon approval by the Council:
1)
2)
An ad shall be placed in the Real Estate section of the local newspapers.
Flyers advising of the offering shall be sent to all persons on the Real
Estate Division "Surplus Property Mailing List," persons owning eligible
"receiver sites," local developers and others likely to be interested in the
offering.
4.The bid opening shall be scheduled by the Real Property Manager and the
Purchasing Manager. At the bid opening the Purchasing Division shall:
1)Open Sealed bids
2)If specified in the RFP, accept oral bidding beginning at 5% above the
highest written bid.
The Real Estate Division shall forward the results of the bidding to the Council
with a staff recommendation. The Council may reject any or all bids and accept
that bid which will, in its opinion, best serve the public interest.