HomeMy WebLinkAboutStaff Report 421-08CITY OF PALO ALTO
Memorandum
12
October 16, 2008
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
OCTOBER 20, 2008 CMR: 421:08
Approval Of Record Of Land Use Action Upholding Appeal Of Director’s
Approval Of A Major Architectural Review Application For A Four Story
Commercial Mixed Use Retail/Office Building, Including Design
Enhancement Exceptions To Exceed The Maximum Height And Floor Area,
And A Variance Application For An Encroachment Into The Bryant Street
Special Setback, Thereby Denying The Project, At 278 University Avenue. -
RECOMMENDATION
Staff recommends that the City Council approve the Record of Land Use action upholding the
appeal of the Director’s decision, and thereby denying the project.
DISCUSSION
On September 15, 2008, the City Council voted 9-0 to uphold the appeal of the Director’s
approval and deny the project. The primary basis for the demal was that the fourth floor of the
building exceeded the 50-foot height limit, and the Design Enhancement Exception for height
was denied. The five additional feet above the 50 foot height limit for the entire fourth floor was
found to be excessive and was not considered to be a minor design element. It was also found to
be out of scale with the heights of other buildings in the vicinity.
Attached is the Draft Record of Land Use Action with the findings for denial¯
CURTIS WILLIAMS
Interim Director of Planning and
Community Environment
Attachment A:Draft Record of Land Use Action
ATTACHMENT A
Action NO. 2008-10
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAlqD USE ACTION
FOR 278 University-Avenue: Architectural REVIEW APPLICATION
[FILE NO.08PLN-00082]
(KEN HAYES, APPLICANT)
On September 15, 2008, the City Council upheld the
appeal and denied the Architectural Review Board application for a
new four-story commercial mixed-use retail/office building
including a design enhancement exception to exceed the maximum
allowable height in the CD-C (GF) (P) zone district, making the
following findings, determination and declarations:
SECTION I. Background. The City Council of the City of
Palo Alto ("City Council") finds, determines, and declares as
follows:
A. On March 19, 2008, Ken Hayes, on behalf of Roxy Rapp,
applied for an Architectural Review Board application fo~
construction of a new four story commercial mixed use retail/office
building including design enhancement exceptions to exceed the
maximum height and to exclude basement floor area from floor area
calculations, and a variance application for an encroachment into
the Bryant Street special setback (~The ProjectH).
B. Following staff review, the Architectural Review Board
(ARB) reviewed the project on June 5, 2008 and recommended
approval.
C. The Director of Blanning and community Environment
approved the project on June 12, 2008.
D. The application was appealed by Palo Alto resident
Lynn Chiapella on June 30, 2008.
E. The Planning and Transportation Commission recommended
approval of the Variance on July 30, 2008.
F. The City Council conducted a public hearing on
September 15, 2008, and upheld the appeal and denied the project.
SECTION 2.ARCHITECTURAL REVIEW APPROVAL DENIED.
Architectural Review Approval is denied by the City Council under
Palo Alto Municipal Code Section 18.77.070 for application 08PLN-
00082. In particular, the Council finds that the proposed height is
not consistent with Section 18.77.050(d) :
(1)The design is consistent and compatible with applicable
elements of the Comprehensive Plan; and
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(2) The design is compatible with the immediate environment
of the site.
The height in excess of 50 feet is not consistent with
Comprehensive Plan policies to limit height to 50 feet except in
limited circumstances, and is higher than almost all structures in
the immediate environment of the site.
SECTION 3.DESIGN ENHANCEMENT EXCEPTION FINDINGS
The requested Design Enhancement Exception (DEE) for height in
excess of 50 feet is not consistent with the following findings as
stated in PAMC 18.76.050 (c). Section 18.76.050 provides for Design
Enhancement Exceptions (DEE) to permit minor exceptions to site
development regulations.
Exception #I: A five foot encroachment into the B0 foot height
limit for a total height of 55 feet.
I.There are exceptional or extraordinary circumstances o~
conditions applicable to the property or site improvements
involved that do not apply generally to property in the same
zone district, in that:
The subject property is a narrow corner lot that is only 60 feet
wide. However, the narrowness of the~ site still allows for a
50-foot height and similar floor area by reducing ceiling
heights.
2.The granting of the Exception will enhance the appearance~of the
site or Structure, or improve the neighborhood character of the
project and preserve an existing or proposed architectural style
in a manner which would not otherwise be accomplished through
strict application of the minimum requirements of Title 18 and
the standards for review set forth in this Chapter, in that:
While the City is committed to promoting a vital pedestrian
environment to encourage retail uses in the downtown, the
additional height requested to have taller floor to floor height
is excessive. The five additional feet above the 50 foot height
limit for the entire fourth floor is not considered a minor
design element that enhances the architectural appearance of the
building. A Design Enhancement Exception would typically be
limited to individual elements rather than an entire floor
level.
o The Exception is related to a site improvement that will not be
detrimental or injurious to property or improvement in the site
vicinity, and will not be detrimental to the public health,
safety, general welfare or convenience, in that:
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The exception would allow too much of the building to exceed the
height limit and still be considered minor. The exception would
have resulted in a building that was too tall and out of scale
with the others in-the vicinity, and established precedent for
other structures to do the same.
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:Denied:
City Clerk
APPROVED AS TO FORM:
Director of Planning and
Community Environment
Senior Deputy City Attorney
PLANS AND DRAWINGS REFERENCED:
I. Development Plans prepared by Ken Hayes, of the Hayes Group,
consisting of 18 pages, received May 29, 2008.
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