HomeMy WebLinkAboutStaff Report 155-06TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER
7
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
MARCH 13, 2006 CMR: 155:06
260 HOMER AVENUE [05-PLN-00383]: REQUEST BY MARTIN
PARISSENTI, BKF ENGINEERS ON BEHALF OF TALL TREE
PARTNERS I, LLC FOR A TENTATIVE MAP FOR A PROPOSED
MIXED-USE INFILL DEVELOPMENT. THIS MAP IS REQUIRED IN
ORDER TO MERGE FIVE PARCELS INTO ONE PARCEL
(APPROXIMATELY .71 ACRES) FOR A MIXED-USE DEVELOPMENT
WITH COMMERCIAL OFFICE USE ON THE GROUND AND SECOND
FLOORS, AND FOUR RESIDENTIAL CONDOMINIUM UNITS ON THE
THIRD FLOOR. AN ENVIRONMENTAL IMPACT REPORT (EIR) WAS
PREPARED FOR THE SOFA CAP INCLUDING THIS PROJECT.
RECOMMENDATION
Staff and the Plamaing and Transportation Commission (PTC) recommend the City Council
approve the proposed Tentative Map to merge five parcels (approximately .71 acres) and create
one parcel for a mixed-use development with commercial office use on the ~ound floor and
second floors, and four residential condominium units on the third floor, based upon the findings
and conditions contained within the Record of Land Use Action (Attachment A).
COMMISSION REVIEW AND RECOMMENDATION
At the public hearing held on Wednesday, February 8, 2006, the PTC voted (6-0-0-1) to accept
staff’s recommendation with additional conditions. No members of the public provided
testimony. Staff responded to questions asked by the Commission. Prior to the PTC meeting,
staff received questions emailed from Commissioner Cassel. Answers to the questions were
provided in staff’s oral report to the Commission at the meeting. Modifications were made to the
recommended Conditions of Approval, contained ~vithin Section 6 of the Record of Land Use
Action document.
The PTC staff report and meeting minutes for this hearing have been provided as Attachments B
and C.
CMR:140:05 Page 1 of 2
DISCUSSION
The City Council must approve the Tentative Map as long as the map, the design, and the
improvement are consistent with the Comprehensive Plan, as long as the site is physically
suitable for the type and density of development, as long as the subdivision and the proposed
improvements are not likely to cause environmental damage or serious public health problems,
and as long as the subdivision or the proposed improvements will not conflict with easements
acquired by the public at large.
The following items have been provided for the Council as background information:
o ARB architectural plans for informational purposes only (Attachment D) to aid in the review
of the Tentative Map plan set; and
. TentativeMapplanset(Attachmentt~). ,
/1~’~ ~
Contract Planner
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
STEVE
Director of Planning and Community Environment
EMIL~ HARRISON ~
Assistant City Manager
ATTACHMENTS
A.Record of Land Use Action
B.Plamaing and Transportation Commission Staff Report dated February 9, 2006 (w/o
attachments)
C.Planning and Transportation Commission Meeting Minutes Excerpt dated February 9,
2006
D.ARB plans (Council Members Only)
E.Vesting Tentative Map (Council Members Only)
COURTESY COPIES:
Martin Parissenti, BKF Engineers, Project Applicant
Jane Vaughan, Tall Trees Partners I, Property O~vner
CMR: 140:05 Page 2 of 2
ATTACHMENT A
APPROVAL NO. 2006-?
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO
LAND USE ACTION FOR 260 HOMER AVENTJE:
TENTATIVE MAP
05-PLN-00383
(BKF ENGINEERS, APPLICANT/TALL TREE PARTNERS I,
LLC, PROPERTY OWNER)
At its meeting on March 13, 2006, the City Council of the
City of Palo Alto approved the Tentative Map to merge five parcels
into one parce! approximately .71 acres) and create a mixed-used
office and residential deve!opment with four condominium units,
making the following findings, determination and declarations:
SECTION I. Background. The City Council of the City of
Pa!o Alto ("City Counci!") finds, determines, and declares as
follows:
A. Proposed by Tall Tree Partners I, LLC, this project
involves merging the five existing parcels into one developable
site, the demolition of the existing buildings, and the
construction of one office building and four condominium units.
The density of this residential infill development would be 5.71
dwelling per acre, under the maximum limitation set by the AMF/MUO
(Attached Multiple Family Residentia! with Mixed Use Overlay zone
district) per the South of Forest Area (SOFA) Coordinated Area Plan
Phase I. Three (3) separate floor plans are proposed within the
four multi-unit condominium building. The building houses one
floor of residentia! units and two floors of commercial office use
above the underground garage. The overal! height of the building
proposed is 41’-2" at the top of parapet and 44’-6" at top of
tower, within the maximum height limit of 45 feet, and the non-
residential portion of the building is proposed at 29 feet to the
top of offices where 30 feet is the maximum allowed by the zone
district. The unit sizes, proposed one and two bedrooms, range
from the smallest at 1,390 square feet to the largest at 2,126
square feet.
B. The Tentative Map plan set includes information on the
existing parcels and onsite conditions (Sheet 2); the layout of the
merged parcels into one new parcel (Sheet 3); proposed site and
grading with building footprint, driveway, curb and gutter,
accessible ramp, and sidewalk (Sheet 4); and proposed utilities
(Sheet 5). 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 and 21.13), as well as
conform to the design requirements concerning the creation of a
!ot, streets, walkways, and similar features (PAMC 21.20). The
plan set also conforms to the approved Architectural Review Board/
Historic Resources SOFA Board approved site plan, provided as
reference (see Attachment E) . Because the request is to construct
office space and four condominium units, this request cannot be
processed administratively through the Director and requires review
by the Planning and Transportation Commission (Commission) and City
Counci! approval (PAMC 21.08.010).
C. Architectura! Resources Board/Historic Resources SOFA
Board approval, granted by the Director on December 5, 2005,
addressed the project’s compliance with zoning and architectura!
regulations. The Tentative Map application has been reviewed by
staff and City departments for compliance with zoning, subdivision,
and other codes and ordinances and received Commission review on
February 8, 2006. The Commission recommended approval on a 6-0-0-
l(Sandas absent) vote.
SECTION 2. Environmental Review. The City as the lead
agency prepared an Environmenta! Impact Report (EIR) for the South
of Forest Area (SOFA) Coordinated Area Plan. The EIR was reviewed
and certified by the City Council on March 27, 2000. This project,
as proposed, has been reviewed in comparison with the project that
was evaluated in the EIR. It has been determined that the proposed
project is consistent with that evaluated in the EIR.
SECTION 3. Tentative Map Findings.
A legislative body of a city shall deny approval of a Tentative
Map, if it makes any of the fol!owing 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:
The site lies within the South of Forest Area (SOFA)
Coordinated Area Plan and is consistent with the Comprehensive Plan
and the SOFA Coordinated Area Plan.
2. That the design or improvement of the proposed
subdivision is not consistent with applicable general and specific
plans :
The map is consistent with Comprehensive Plan policies
related to the change in land use (housing element and policies L-
8, L-9, L-25, L-48, L-49, H-2, H-4, and B-21) . In addition, this
design furthers the intent of the South of Forest Area (SOFA)
Coordinated Area Plan policies related to land use, open space,
housing, aesthetics, public right-of-way design, street trees,
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historic resources, and building design (policies L-2, L-6, L-8, H-
I, H-I!, T-7, T-!7, DC-3, DC-8, DC-19, DC-21, and D-22) .
3. That the site is not physically suitable for the type
of devel opmen t :
The site is located within the South of Forest Area
(SOFA) Coordinated Area Plan, with existing development on
individual parcels. This mixed-use commercial and residential
infill project is a suitable use at this location and permissible
under the existing zone district and supported by land use policies
within the Comprehensive Plan, as indicated above in Finding No. 2.
The design promotes harmonious transitions in scale and character
between different designated land uses in that it would now serve
as a mixed-use deve!opment with commercial office and residential
condominiums within the existing neighborhood.
4. That the site is not physically suitable for the
proposed density of development:
The purpose for the Tentative Map is to merge the five
existing parcels and create a mixed-use commercial office building
with four residential condominium units. In doing so, the site
would remain within the permissible density allowed by the current
MUO/AMF zone district: A maximum site density of 4 total units or
5.71 dwelling units per acre. As proposed, this map would enact 4
dwelling units, an amount under the amount permissible. Moreover,
Comprehensive Plan policy L-25 indicates to enhance the character
of the South of Forest Area (SOFA) as a mixed-use area.
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 :
The merger of parcels and creation of commercial office
space and residential condominium units wil! not cause
environmental damage or injure fish, wildlife, or their habitat, as
no habitat for endangered, rare, threatened, or other sensitive
species is present on site. Al! new deve!opment would occur within
the areas of pre-existing development, which currently consist of
commercial and church buildings and surface parking areas.
6. That the design of the subdivision or type of
improvements is likely to cause serious public health problems:
The merger of parcels and creation of commercial office
space and four condominium units will not cause serious public
health problems, as no increases in traffic or noise or significant
effects to air or water quality would result in developing this
site for commercial office and residential use.
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 judgment 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.
There are no existing public easements on this
property. Therefore, the design does not conflict with easements
acquired by the public at large. However, the design accommodates
public access to parking spaces are required by the deve!opment
agreement for this project. Additionally, the design of the lot
merger also provides a public plaza at the corner of Homer Avenue
and Bryant Street. The applicant and the City are to record a
Public Use and Access and Private Maintenance Agreement providing
public access to the plaza portion of the project and obligating
the owner of the project to maintain this public area in perpetuity
as a public open space.
SECTION 4.Tentative Map Approval Granted. Tentative
Map approval is granted by the City Council under Palo Alto
Municipal Code ("PAMC") Sections 21.13 and 21.20 and the California
Government Code Section 66474, subject to the conditions of
approva! in Section 6 of this Record.
SECTION 5.Final Map Approval.
The Final Map submitted for review and approval by the City
Counci! of the City of Palo Alto shall be in substantial
conformance with the Tentative Map prepared by BKF Engineers,
Surveyors, and Planners titled "260 Homer Avenue Tentative Map,
consisting of 5 pages, dated October 17, 2005 and received October
24, 2005, 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.
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Within two years of the approval date of the 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, 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.!6.010[a]) .
SECTION 6.Conditions of Approval.
Department of Planning and Community Environment
Planning Division
I. A Final Map, in conformance with the approved
Tentative Map, al! 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 Map
approval date (PAMC 2i.13.020[c] ) .
2. A preliminary copy of restrictive covenants (CC&Rs)
shall be submitted for review at the time of Final Map submittal.
Prior to Submittal of Final Map
Planning Division
3. Prior to approval of the Tentative Map by the City
Council, the applicant shall submit a revised Sheet of 3 of
5/Tentative Map with correction that the two existing buildings,
the French Laundry Building and AME Zion Church shal! remain (they
are not proposed for remova!).
4. The Final Map shall be crosschecked for compliance with
the ARB/HRB SOFA Design Review Board and the Tentative Map approved
plans and conditions.
Department of Utilities
5. In consultation with the Departments of Utilities and
Planning and Community Environment, Public Utility Easements for
installation and maintenance of water meters, gas lines, gas
meters, and pad-mounted transformers with associated substructures
shall be designated on the Final Map.
Department of Public Works
Engineering Division
6. All required agreements shall be recorded concurrently
with the final map. If easements are to be recorded under a
separate instrument/s, those instrument/s must be recorded
concurrently with the final map.
Prior to Submittal of Final Map.
7. A Subdivision Agreement is required to secure
compliance with conditions of approval and security of improvements
onsite and offsite. No grading or building permits will be issued
until the Final Map and al! associated agreements and easements are
recorded with County Recorder.
8. The applicant shall arrange a meeting with Public Works
Engineering, Utilities Engineering, Planning, Fire, and
Transportation Departments after approval of the Tentative Map and
prior to submitting the improvement plans. This meeting shall
determine the scope of all work required and related to offsite
improvements. The improvement plans must be completed and approved
by the City prior to submittal of the Final Map.
9. The project subdivision includes significant complexity
involving, final map, and coordination of infrastructure design and
construction. Deve!oper shall appoint a Project Manager to
coordinate with City, Public Works and Utility, engineering staff.
Public Works will conduct daily and longer term communication with
appointed project manager in order to facilitate timely review and
approval of design and construction matters.
i0. Prior to Final Map approval, the applicant shall enter
into a Subdivision Improvement Agreement. This agreement is
required to secure compliance with the conditions of ARB/HRB SOFA
Design Review Board and Tentative Map approvals and the security of
on and offsite improvements. Improvement plans shall be submitted
in relation to this agreement. No grading or building permits
shall be issued until the Final Map is recorded with the County of
Santa Clara, Office of the County Clerk-Recorder.
Prior to Recordation of Final Map
Ii. The subdivider shall post a bond prior to the recording
of the Final Map to guarantee the completion of the on and offsite
condition(s) of approval. The amount of the bond shall be
determined by the Planning, Utilities, and Public Works
Departments.
SECTION 7.Term of Approva!.
Tentative Map. All conditions of approval of the 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
Tentative Map approval, or such extension as may be granted, the
Vesting Tentative Map shal! expire and all proceedings shall
terminate. Thereafter, no Fina! Map shal! 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
PLANS AND DRAWINGS REFERENCED:
Those plans prepared by BKF Engineers, Surveyors, and Planners
titled "260 Homer Avenue Tentative Map", consisting of 5 pages,
dated October 17, 2005 and received October 24, 2005.
Attachment B
PLANNING DIVISION
STAFF REPORT
TO:
FROM:
PLANNING & TRANSPORTATION COMMISSION
Lorraine Weiss DEPARTMENT:Planning and Community
Enviromnent
AGENDA DATE:February 8, 2006
SUBJECT:260 Homer Avenue~ [05-PLN-00383]: Request by Martin Parissenti, BKF
Engineers on behalf of Tall Tree Partners I, LLC for a Tentative Map for a
proposed mixed-use infill development. This map is required in order to
merge five parcels into one parcel (approximately .71 acres) for a mixed-use
development with commercial office use on the ground and second floors,
and four residential condominium units on the third floor. Envirormaental
Assessment: An environmental impact report (EIR) was prepared for the
SOFA CAP including this project. Zone District: MUO/AMF.
RECOMMENDATI ON:
Staff requests that the Planning and Transportation Commission (Commission) recommend that
the City Council approve the proposed Tentative Map, in order to merge five parcels into one
parcel (approximately .71 acres) and construct a mixed-use development with office use on the
ground and second floors, and four residential condominium units on the third floor, based upon
the findings and conditions contained within the Record of Land Use Action (Attachment A).
SUMMARY OF LAND USE ACTION:
Background information related to the project’s details and history has been included within the
Record of Land Use Action (Attachment A). The site design and architecture were subject to
approvals by the Architectural Review Board/Historic Resources Board SOFA Design Review
Board and the Director of Planning and Community Environment (Director). The Tentative Map
drawings, provided as Attachment F, are in general conformance with the plans reviewed by the
Architectural Review Board/Historic Resources SOFA Board (Attachment G) and approved with
conditions by the Director, and comply with the requirements set forth in Chapter 21
(Subdivisions) of the Palo Alto Municipal Code (PAMC). Code requirements on this application
from various City departments have also been incorporated into the draft conditions of approval.
The full set of approved Architectural Review Board/Historic Resources SOFA Board plans and
project details/materials are available upon request. The only action required of the Planning and
Transportation Commission is a recommendation on the Tentative Map.
City of Palo Alto Page 1
SUMMARY OF KEY ISSUES:
In order to carry out the proposed project, the applicant must obtain two discretionary permits, as
required by City ordinances: Major architectural review, which is within the purview of the
Director of Planning and Community Environment (Director) with recommendation from the
Architectural Review Board/Historic Resources SOFA Board; and a Tentative Map, which is
within the purview of the City Council with recommendation from the Commission. On
December 5, 2005, the Director approved the ARB application, since the project was found to
comply with zoning and architectural regulations. The Tentative Map application has been
reviewed by staff and City departments for compliance with zoning, subdivision, and other codes
and ordinances.
The scope of the Commission’s review for the purposes of this Tentative Map application should
be limited to the "design" and "improvement" of the proposed subdivision. In this context, the
terms "design" and "improvement" are defined in the Subdivision Map Act as follows:
"Design" means: (1) street alignments, grades and widths; (2) drainage and
sanitary, facilities and utilities, including alignments and grades thereof; (3)
location and size of all required easements and rights-of-way; (4) fire roads and
firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to
be dedicated for park or recreational purposes; and (9) other specific physical
requirements in the plan and configuration of the entire subdivision that are
necessary to ensure consistency with, or implementation of, the general plan or
any applicable specific plan as required pursuant to Section 66473.5.
(Goverranent Code, section 66418)
(a) "Improvement" refers to any street work and utilities to be installed, or agreed
to be installed, by the subdivider on the land to be used for public or private
streets, highways, ways, and easements, as are necessary for the general use of the
lot owners in the subdivision and local neighborhood traffic and drainage needs as
a condition precedent to the approval and acceptance of the final map thereof.
(b) "Improvement" also refers to any other specific improvements or types of
improvements, the installation of which, either by the subdivider, by public
agencies, by private utilities, by any other entity approved by the local agency, or
by a combination thereof, is necessary to ensure consistency with, or
implementation of, the genera! plan or any applicable specific plan.
(Government Code, section 66419)
It should also be noted that, when processing a subdivision map for a mixed-use development
project, the Subdivision Map Act does not require that the division of airspace be shown on the
map.
City of Palo Alto Page 2
The design and improvement of the subdivision should be distinguished from the design of the
proposed structures, which were already reviewed and approved pursuant to the City’s ARB
process.
The Tentative Map plan set includes infom~ation on the existing parcels and onsite conditions
(Sheet 2); the layout of the merged parcels into one new parcel (Sheet 3); proposed site and
~ading with building footprint, driveway, curb and gutter, accessible ramp, and sidewalk (Sheet
4); and proposed utilities (Sheet 5). 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 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 the approved Architectural
Review Board/Historic Resources SOFA Board site plan, provided as reference (see Attachment
H). Because the request is to create more than four condominium units, this request cannot be
processed administratively ttzrough the Director and requires review by the Commission and City
Council approval (PAMC 21.08.010).
For information purposes only, the following have been included as attachments:
o The applicant’s project correspondence (Attachment B)
o ARBiHRB SOFA Design Review Board approval letter and findings (Attachment C);
.ARB/HR~ SOFA Design Review Board staff report and minutes from the final Architectural
Review board meeting (Attachments D and E); and
ARB/HRB SOFA Design Review Board approved architectural plans (Attachment G) to aid
in the Commission’s review of the Tentative Map plan set (Attachment F).
TIMELINE:
Action:
Preliminary ARB Meeting:
ARB Application Received:
ARB Application Deemed Complete:
First Formal ARB/HRB Hearing:
Final ARB/HRB Hearing:
Director’s Approval of ARB Application:
Tentative Map Application Received:
Tentative Map Application Deemed Complete:
P&TC Meeting on Tentative Map:
Action by Council on Tentative Map:
Date:
April 19, 2005
March 28, 2005
July 20, 2005
September 1, 2005
December 1, 2005
December 5, 2005
October 24, 2005
December 23, 2005
February 8, 2006
TBD
ENVIRONMENTAL REVIEW:
An environmental impact report (EIR) was prepared for the SOFA CAP including the project.
The EI~ was reviewed and certified by the City Council on March 27, 2000. The project, as
currently proposed, has been reviewed in comparison with the project that was evaluated in the
EIR. Staffhas determined the current project is consistent with that evaluated in the EIR, and,
therefore, no subsequent environmental analysis is required. Copies of the ElY, and the findings
City of Palo Alto Page 3
made by the City Council pursuant to CEQA (Resolution No. 7950) are available for public
review in the Planning Department on the Fifth Floor of City Hall.
ATTACHMENTS:
B.
C.
D.
E.
F.
G.
Record of Land Use Action
Applicant’s Project Correspondence
ARB/HRB SOFA Design Review Board Approval Letter and Findings
ARB/HRB SOFA Design Review Board Staff Report, dated December t, 2005
ARB/HRB SOFA Design Review Board Final Hearing Minutes.
Tentative Map Plan Set (Commission Members Only)
ARB/HRB SOFA Design Review Board Plans (Commission Members Only)
COURTESY COPIES:
Martin Parissenti, BKF Engineers, Project Applicant
Jane Vaughan, Tall Trees Partners I, Property Owner
PREPARED BY:Lorraine Weiss, Contract Planner
REVIEWED BY:
DEPARTMENT/DIVISION HExad) APPROVAL:
Amy French, AICP, Manager of Current Planning
Andy Interim Deputy Director
City of Palo Alto Page 4
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ATTACHMENT C
Wednesday, February 8, 2006
REGULAR MEETING at 7:00 PM
Council Chambers
Civic Center, 1st Floor
250 Hamilton A yen ue
Palo Alto, California 94301
ROLL CALL: 7:05 PM
Contmissioners:
Patrick Burt - Chair
Karen Holman - I,~Chair
Lee 1. Lippert
Paula Sandas - absent
Ph),llis Cassel
Daniel Garber
Annette Bialson
Staff:
Steve Emslie, Planning Director
Donald Larkin, Senior Deputy CiO, Attorney
Andy Coe, Interim Deputy Director
Amy French, Current Planning Manager
Susan 3Jickelsen, _Planner
Clare Campbell, Associate Planner
Lorraine Weiss, Contract Planner
John Lusardi, Planner Manager
Zariah Betten, Executive Secretary
AGENDIZED ITEMS:
SPECIAL ORDERS OF THE DA Y- Resolution of Appreciation for John Lusardi, Planning
Manager for Special Projects and ZOU.
1.260 Homer Avenue
2.850 Webster Street-Channing House
3.2460 High Street
APPROVAL OFMINUTES: Minutes of the January 11, 2006 Regular Meeting
REPORTS FROM OFFICIALS/COMMITTEES- Planning Director’ s Report on Status of
Retail Action Plan.
Chair Butt: We will now convene the Planning and Transportation Commission meeting for
Wednesday, February 8, 2006. Will the Secretary call the roll? Thank you.
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Our first agenda item is comments from the public on items that are not scheduled on the agenda.
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ORAL COMMUNICATIONS. Members of the public may speak to any item not on the agenda
with a limitation of three (3) minutes per speaker. Those who desire to speak must complete a
speaker request card available from the secretary of the Commission. The Planning and
Transportation Commission reserves the right to limit the oral communications period to 15
minutes.
City of Palo Alto Februa~ 8, 2006 Page ] of 76
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AGENDA CHANGES, ADDITIONS AND DELETIONS. The agenda may have additional
items added to it up until 72 hours prior to meeting time.
Chair Burr: Our next item is 260 Homer. It is a request by Martin Parissenti, BKF Engineers on
behalf of Tall Tree Partners for a Tentative Map for a proposed mixed-use infill development.
Would Staff like to make a presentation?
NEW BUSINESS:
Public Hearings.
260 Homer Avenue (05PLN-00000-00383)*: Request by Martin Parissenti, BKF
Engineers on behalf of Tall Tree Partners I, LLC for a Tentative Map for a proposed mixed-
use infill development. This map is required in order to merge five parcels into one parcel of
approximately .7! acres for a mixed-use development with commercial office use on the
ground and second floors, and four residential condominium units on the third floor. Zone
District: MUO/AMF Environmental Assessment: An Environmental Impact Report was
prepared for the SOFA CAP including this project.
Mr. Emslie: Before I call on Lorraine Weiss, our contract planner, to give you the history and
background I just would like to make a few comments regarding the Planning Commission’s
purview tonight on the Tentative Map.
You have been in this situation before and I just wanted to remind you this is an example of
some of the vagaries of our process in that two different bodies namely in this case the Joint
ARB/HRB Board configured for the SOFA coordinated area plan area has already approved the
project. The appeal period has run. The project was not appealed so therefore their Design
Review approval stands. The code requires that the Planning Commission approve the Tentative
Map for this and this is the subdivision map that would enable the reconfiguration of the lots for
eventual sale. So your review this evening is limited to compliance with the plans that have
City of Palo Alto February 8, 2006 Page 6 of 76
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already been approved by the Joint ARB/HRB Board, compliance with the Comprehensive Plan
and compliance with the City’s objectives for location of our infrastructure and other of those.
kind of broad brush considerations. This is not an opportunity for the Commission to review or
comment on the approval as that is already a part of the record and currently stands as approved.
Ms. Lorraine Weiss, Contract Planner: Good evening Chair and members of the Commission.
First I would like to give you some background on the project. The City Council originally
approved the Development Agreement back on March 27, 2000 and it allowed construction of
commercial and residential uses that were consistent with the development regulations of the
MUO AMF district. The Development Agreement stipulated a number of restrictions for future
use of the property including rehabilitation of two historic buildings, limitations on floor area, on
height and parking. The ARB and the HRB did approve a similar project to this back in the year
2001 and the applicant did submit a preliminary parcel map in 2003, they went through the plan
check process for Building, Fire and Public Works. They were all completed but the map
approva! and Development Agreement execution had expired. So what has occurred since then
is that the applicant submitted earlier last year an application for a similar project.
In December of this ),ear the ARB and HRB Board recommended approval of the project and the
Director signed off on the approval with a number of conditions. The conditions included
stipulations regarding the Development Agreement.
Tonight before you is the Tentative Map for the project and that was submitted in October of last
year. Staff as well as City Departments have reviewed tbr compliance zoning, subdivision
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codes, ordinances and the Development Agreement. The design and improvement of the
subdivision should be distinguished between that of the design of the proposed structures, which
has already been approved.
I would like to mention a few items. In terms of conctitions of approval of the Tentative Map
you have as part of the Record of Land Use Action in Attachment A, Tentative Map Conditions.
I woulcl like to add one additional condition to stipulate that prior to approval of the Tentative
Map by the City Council the applicant shall submit a revised Sheet 3 of 5 of your Tentative Map
with correction that the two existing buildings being the French Laundry building and the AME
Zion Church remain as they are not proposed for removal.
I also woulct like to clari~ several other items. The Tentative Map request is to merge five
parcels into one parcel as a result of the proposed development for the commercial building and
four residential units. The design and the architecture of the entire project has already been
approved as I mentioned before by the ARB/HRB SOFA Board and the Director of Planning and
Community Environment. It is actually the Palo Alto Municipal Code and the Subdivision
Ordinance that requires that the We units being the commercial space and the four condominium
units be approved by the Planning and Transportation Commission and the City Council and that
is what your purview is tonight.
I would also like to clari~, a couple of parking issues. Condition number 56 of the ARB!HRB
Board requires that 60 public parking spaces and 20 stalls be designated for residents of the Oak
Court housing project and that they be designated literally signed on the spot. The same
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I should also indicate that any other requirements such as park requirements have already been
satisfied. The City Council did dictate the shared ramp access with the Palo Alto Housing
Corporation as a way to decrease curb cuts into the public streets, which are beneficial to both
pedestrians and bicyclists.
Staff is recommending that the Planning and Transportation Commission recommend to the City
Council approval of the Tentative Map in order to merge five parcels into one and it would be
subject to any conditions listed in the Record of Land Use Action. I would happy to answer any
questions of the Commission.
Chair Burr: Thank you. Do Commissioners have any questions of Ms. Weiss at this time?
Karen.
Vice-Chair Holman: A clarification on sheet three of Tentative Map that will be resubmitted
correctly, t guess the question is this went through a lot of channels and ended up here so as a
statement or condition that we will be assured that this sheet gets replaced with a new sheet and
who checks that finally?
Ms. Weiss: The project planner and in this case that would be me.
Vice-Chair Holman: Okay, great. Thank you.
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Mr. Emslie: There is a two-step process. There is the Tentative Map and then there is a Final
Map and that has to go to the City Council. So that will be the time when all the conditions of
the Tentative Map are checked and verified that they have been corrected or any other conditions
have been applied to the Final Map. So there is really another Map that has yet to go.
Chair Burt: Lee and then Dan.
Commissioner Lippert: I have one minor question and it has to do with compact versus standard
parking stalls. With regard to that there are some difficulties with oversized vehicles parking in
the compact stalls. How" will that be monitored or maintained?
Ms. Weiss: I think generally speaking I know that one of the conditions of project approval is
that building management has an onsite transportation coordinator who is supposed to deaI with
such things as how and where people are parking, use of tandem spaces and I would imagine if
there are complaints that oversized vehicles are parking in compact stalls that management
would deal with that. It is one of those internal logistical concerns that they will have to deal
with as each case rises.
Chair Butt: Dan.
Commissioner Garber: Is it the applicant’s intent that the church will be utilized as a church?
Ms. Weiss: No, the church is not going be utilized as a church.
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Commissioner Garber: Do we know what the use will be?
Ms. Weiss: I believe it is going to be used for office space.
Commissioner Garber: Thank you.
Chair Bun: Karen.
Vice-Chair Holman: Just one last one about the ARB/HRB conditions. Could you run by again
the conditions for the public parking places? I find on Attachment C about the affordable
housing parking but I did not identify, the public parking.
Ms. Weiss: Just one moment. Condition number 56 on page 11 of the Conditions of Project
Approval, which is Attachment C, indicate that they have to identi~, 60 stalls specifically for
public use. It is in the same condition that talks about the 20 stalls for the Oak Court housing
project.
Vice-Chair Holman: Thank you for the clarification. I found the affordable housing ones earlier
too. Thank you. There is no determination about what kinds of public use or what usage or
hours or anything of that nature that are associated with this approval?
Ms. Weiss: Actually, the hours for the public parking spaces are listed in condition number 112,
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which is on page 19 of the Conditions of Project Approval. So basically the underground
parking spaces that would be 60 public parking spaces would be available between 6:00 and
I0:00 PM on weekdays and between 8:00 and 10:00 PM on weekends.
Vice-Chair Holman: Thank you and I am impressed.
Chair Burr: We don’t have any cards from the public and seeing none we will now close the
public hearing and proceed with discussion among Commissioners.
Commissioner Cassel: There is no applicant?
Chair Burt: Excuse me. The applicant at this time has up to 15 minutes to speak. Normally the
applicant would fill out a card.
Mr. Martin Parissenti, Civil Engineer, BKF & Associates: We filled out the application. As the
Staff has indicated the point of this whole process is to merge the five parcels into one. It is a
relatively simple project. I would like to thank Lorraine for helping us through this whole
process. If you have any question.
Chair Burt: Thank you. Do Commissioners have any questions of the appIicant? Thank you
very much. So now closing the public hearing again. Commissioners, do you have any further
questions of Staff or the applicant before having discussion or hearing a motion? I will entertain
a motion if anybody would like to. Phyllis.
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MOTION
Commissioner Cassel: I would like to move the Staff recommendation. Staff requests that the
Planning and Transportation Commission recommend that the City Council approve the
proposed Tentative Map in order to merge five parcels into one parcel for the purpose of
construction of a mixed-use development with office use on the ground and second floors and
four residential condominium units on the third floor based upon the findings and conditions
contained within the Record of Land Use Action and including the Staff recommendation for the
additional condition of course.
SECOND
Commissioner Bialson: Second.
Chair Burt: We have a second by Commissioner Bialson. Would the maker wish to speak to her
motion?
Commissioner Cassel: This is fairly simple. I reviewed everything very carefully and had a
couple of questions, which were answered in the Staff Report. This has been a long time coming
and it will be nice to see this last piece done. We were done with every/thing except the historic
building next door and when that gets done that whole section will be finished, It will be very
nice. It is exciting to see the two historic buildings done.
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Chair Burt: Commissioner Bialson.
Commissioner Bialson: I am equally excited about this project and anxious to get it moving.
Chair Burt: Great. I guess I would just like to comment as Vice-Chair Holman and I had served
on the SOFA I Committee it is very nice to see that this is the last component to be constructed
and that we have a comprehensive development that has occurred in that region with some very
remarkable public benefits. I think that as much as it took a long time for the process to go
through and that it takes awhile for the construction to be complete I have heard a lot of
favorable comments from the public on the overall outcome of the SOFA I area. We should
probably in the future reflect on what ways that process was successful and what ways we can
build upon it and improve upon it in the future. Lee.
Commissioner Lippert: I would just like to say that having worked on the SOFA ti Working
Group this is really a fitting piece by which John Lusardi is departing. I know he has put in a
tremendous number of hours in working with us on the standards for that neighborhood and
seeing to it that that area looks as good as it does. So I am in support of this final piece as well.
MOTION PASSED (6-0-0-I, Commissioner Sandas absent)
Chair Burr: Great. So I guess we will take a vote. All those in favor? (ayes) Opposed? That
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passes unanimously with Commissioner Sandas absent.
Our next item, item number two, is 850 Webster Street!Charming House a request by Channing
House for a Planned Community Zone Amendment to modify the permitted uses to include
wireless telecommunications facilities. Would Staff like to make a presentation?
850 Webster Street-Channin~ House (05PLN-00000-00098)*: Request by Channing
House for a Planned Community Zone Amendment to modify the permitted uses to include
wireless telecommunications facilities. Zone District: PC 4048. Environmental Assessment:
Exempt from CEQA per section 15301.
Ms. Clare Campbell. Associate Planner: Good evening Commissioners. This project is a request
for a Planned Community Zone Amendment to add utility facilities as a permitted use. The
Commission reviewed this proposal on December 14, 2005 and recommended approval. Then
the project went on January 19 to the Architectural Review Board and they also recommended
approval of this PC Amendment.
Staffhas not been contacted by members of the public with concerns on this project and no one
spoke at either of these public hearings to raise any concerns.
Staff recommends that the Planning and Transportation Commission again recommend that the
City Council approve the Planned Community Zone Amendment as shown in the draft ordinance
attached to the Staff Report. The representative of the applicant is here tonight to answer
questions if you have any. That concludes my Staff Report. Thanks.
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