HomeMy WebLinkAboutStaff Report 2ndReadingPTODCITY OF PALO ALTO
Memorandum
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: DECEMBER 6, 2010
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
SUBJECT: Second Reading: Approval Of A Mitigated Negative Declaration And
Adoption of an Ordinance Amending the Zoning Map To Change The
Zoning Designation for 305 Grant Avenue, 2640 and 2650 Birch Street and
306 And 320 Sheridan Avenue from RM-40 Multi Family to The Pedestrian
and Transit Oriented Development (PTOD) Combining District.
The attached ordinance is provided for second reading by the City Council. The revised
ordinance reflects the four amendments adopted by the City Council on November 22, 2010.
The changes include the following:
• Revising Section 4e to clarify that the project includes 11 tandem spaces.
• Addition of the indemnity clause.
• Addition of the requirement for disclosure of environmental documents to future
tenants and owners and review of the first rental agreement.
• Addition of a requirement for a "Keep Clear" sign on Grant Avenue and review
by the Planning Director in six months of occupancy.
CURTIS WILLIAMS
Director
Planning and Community Environment
Attachment A Revised Ordinance
Page 1 of 1
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· ATTACHMENT A
** NOT YET APPROVED **
Ordinance No. ---
Ordinance of the Council of the City of Palo Alto Amending
the Zoning Map of the City of Palo Alto to Change the Zone
Designation for 305 Grant Avenue, 2640 and 2650 Birch
Street and 306 and 320 Sheridan Avenue from RM-40 Multi
Family to the Pedestrian and Transit Oriented Development
(PTOD) Combining District
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. The City Council finds as follows:
(A) The Planning and Transportation Commission ("Commission"), after a duly
noticed public hearing on April 15, 2009, has recommended that the City Council of the City of
Palo Alto ("Council") rezone the subject site (305 Grant Avenue, 2640 and 2650 Birch Street and
306 and 320 Sheridan Avenue) to the California Avenue Pedestrian and Transit Oriented
Development Combining District (PTOD) zone designation.
(B) The Planning and Transportation Commission has reviewed the facts
presented at the public hearing, including public testimony and reports and recommendations
from the director of planning and community environment or other appropriate city staff.
(C) The Planning . and Transportation Commission finds that the subject site is
within the PTOD boundary.
(D) The Planning and Transportation Commission finds that rezoning the parcel
to the California Avenue Pedestrian and Transit Oriented Development Combining District
(PTOD) zoning is in accord with the Palo Alto Comprehensive Plan, in that the Comprehensive
Plan designation of the site is Multiple Family and within the Cal-Ventura Mixed Use Area.
(E) The Council held a duly noticed public hearing on the matter on November
22, 2010, and has reviewed the Mitigated Negative Declaration prepared for the project and all
other relevant information, including staff reports, and all testimony, written and oral, presented
on the matter.
SECTION 2. The Council finds that the public interest, health and welfare
require an amendment to the Zoning Map of the City of Palo Alto as set forth in Section 3.
II
II
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SECTION 3. The Council hereby amends the Zoning Map of the City of Palo Alto
to place the subject site (305 Grant Avenue, 2640 and 2650 Birch Street and 306 and 320
Sheridan Avenue) in the California Avenue Pedestrian and Transit Oriented Development
Combining District (PTOD) zoning regulations.
SECTION 4. The City Council further determines that the rezoning is subject to the
following limitations:
a. The development shall be a mixed use project comprising of ground floor office uses
with residential use on the upper floors;
b. Office uses on the ground floor shall comprise approximately 10,257 square feet;
c. A minimum of eight (8) residential units shall be provided, totaling approximately
14,534 square feet in area;
d. The maximum building height shall not exceed 40 feet;
e. A minimum of 42 parking spaces ill]UD~~rLQ1!!1ill!1iL§]~~_sn:all be provided;
f. A Transportation Demand Management Program shall be included that requires the
provision of transit passes for all occupants/tenants; and
These limitations shall be recorded as conditions on the property, to the satisfaction of the City
Attorney and Planning Director. Modifications to these conditions may be approved by the
Planning Director only to the extent that increases or decreases do not exceed 10% of the
allowable outlined in parts (b) and (c) and remain in compliance with all other zoning
requirements.
SECTION 5. Owner shall ensure that prospective tenants and o\yners are notified of
the availability of the en vironnl ental reports prepared in conjunction with developnlent of the
subject site by including such notice in all lease agreem.ents. Prior to initial occupancy_ ovvner
shall provide the Planning Director with a tel11plate agreement for review and approval of the
notice to ensure that adequate disclosure is provided in accordance vvith this condition.
SECTION 6. The Planning and Conlnlunity EnvirornnentDepaliJnent shall evaluate
the effectiveness and need for a "Keep Clear" stencil and/or sign at the Grant Avenue driveway
110t later than six l11ont11s fbllo\ying occupancy. If detennined by the Director to be necessary.
the owner shall install such stencil and/or signage within three Inonths thereafter. A deposit
equivalent to double the cost of the work shall be provided to the City prior to tinal building
occu anc \yhich aUlount shall be refunded to the the \york to the
City's satisfaction or a deternlination that such work is not necessary. In the event the stencil or
sign is deelned necessary and work is not perfonned to the City's satisfaction, the City may use
the funding, with no refund to the owner. to complete the \york.
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SECTION 7. To the extent permitted by la\v, the applicant shall indelnnify and hold
harmless the City, its City Council, its officers, employees and agents (the '"indelnnified parties)
[ron1 against any clain1, action, or proceeding brought by a third party ag:ainst the indclnnified
paliies alld the applicant to attack. set aside or void, any pern1it or approval authorized hereby for
the Project. including (without limitation) reilnbursing the City its actual attorneys fees and costs
incurred in defense of the litigation. The City may, in its sole discretion, clect to defend any such
action with attorneys of its o\vn choice.
SECTION 8. The Council hereby finds that this rezoning is subject to environmental
review under the provisions of the California Environmental Quality Act (CEQA). An
environmental assessment and mitigated negative declaration was prepared for the project and it
has been determined that all potentially adverse impacts that would result from the rezoning of
the property can be mitigated to a level of insignificance; therefore, the project would have no
significant impact on the environment.
SECTION 96. This ordinance. shall be effective upon the thirty-first (31 st) day after
its passage and adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Sr. Deputy City Attorney
101129 sh 8261473
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APPROVED:
Mayor
City Manager
Director of Planning and
Community Environment