Loading...
HomeMy WebLinkAbout2004-03-15 City Council (2)City of PR p O City Manager’s t TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: MARCH 15, 2004 CMR: 188:04 800 HIGH STREET [03-PM-04]: REQUEST BY BKF ENGINEERS ON BEHALF OF PALO ALTO HIGH STREET PARTNERS FOR A TENTATIVE MAP FOR PROPERTY LOCATED AT 800 HIGH STREET FOR THE DEVELOPMENT OF A 60 UNIT CONDOMINIUM PROJECT; THE PROPERTY CONSISTS OF A 41,993 SQUARE-FOOT PARCEL, WHICH WAS CREATED BY THE MERGER OF THREE PARCELS. ENVIRONMENTAL ASSESSMENT: AN ENVIRONMENTAL IMPACT REPORT WAS CERTIFIED BY THE CITY COUNCIL ON FEBRUARY 3, 2003. ZONE DISTRICT: PLANNED COMMUNITY (PC) 4779. RECOMMENDATION Staff and the Planning and Transportation Commission reconamend that the City Council approve the Tentative Map for the project at 800 High Street, subject to the attached Conditions of Approval (Attachment A). BACKGROUND The project site consists of three parcels that total 41,993 square feet in size. Parcel 1 is 8,611 square feet, Parcel 2 is 12,386 square feet and Parcel 3 is 20,996 square feet. The site encompasses the half-block area bounded by High Street, Homer Avenue, Channing Avenue, and the alley lying between High and Alma Streets (Lane 8 West). The site may be accessed from all of the above streets and the alley. On February 3, 2003, the City Council certified the Final Environmental Impact report and adopted an ordinance (Ordinance 4779) for the creation of a Planned Community district for 60 residential units, including ten below market rate units, commercial space, open space, and below gade parking. A referendum petition to overturn City Council’s February 3, 2003 adoption of Ordinance 4779 was certified by Santa Clara County on March 26, 2003. A general election was held on November 4, 2003 that included the CMR:188:04 Page 1 of 3 question on whether the Council’s decision to create a PC district should be overturned. The referendum was unsuccessful and the Council’s original decision became final. The project developer (Palo Alto High Street Parmers) is applying for demolition, ~ading/excavation, and building permits with the Building Division. As this development is for the creation of 60 condominium units, this project requires that the lot merger be accomplished via the Tentative Map/Final Map process. The Final Map must be recorded with Santa Clara County prior to issuance of building permits. The lot merger would combine Parcels 1, 2 and 3 into a single parcel of 41,993 square feet. The property lines adjacent to the public streets and alley would remain in the same location, as described on Sheet 3 of the tentative map. Interior property lines between Parcels 1 and 2 and between Parcels 2 and 3 would be removed, resulting in one large lot. The property owner will ~’ant to the City a five-foot wide public access easement on the 800 High Street property adjacent to the entire length of Lane 8 West. The developer will improve the area within the easement to match Lane 8 West improvements, to essentially create a 20-foot wide alley that will accommodate fire trucks and other public safety equipment. The City would ~ant easements for the construction of a below-~ade parking garage and future subterranean connection points to the City-owned electric substation site at 841 Alma Street and to accommodate the garage along the High Street side of the site. The proposed easements are described on Page 3 of the Tentative Map. BOARD/COMMISSION REVIEW AND RECOMMENDATIONS This project was heard by the Planning and Transportation Commission (Commission) on February 11, 2004. The Commission recommended that the City Council approve the Tentative Map application (5-0-0-1, Commissioner Bialson absent). The Commission acknowledge’d that this tentative map application for the previously approved condominium project was a routine matter, intended to satisfy the requirements of the Subdivision Map Act. Approval of the Tentative Map would allow the application to proceed to the Final Map process. The Tentative Map that is before Council is slightly different than the map reviewed by the Planning Commission. The Tentative Map reviewed by the Commission showed the prior condition of three separate parcels on the block bounded by High Street, Homer and Channing Avenues and Lane 8 West. After the Commission review and prior to Council review, the applicant received a Certificate of Compliance that merged the three parcels, creating one lot. This process was initiated so that the applicant could receive a ~ading permit prior to the issuance of the Final Map. The Tentative Map/Final Map process is required to create a single parcel for the future development of 60 condominium units. The Final Map process will commence with the approval of the Tentative Map. The CMR: 188:04 Page 2 of 3 Improvement Agreements and other contracts will be finalized and presented to the Council for approval with the Final Map. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Record of Land Use Action Planning & Transportation Commission Staff Report January 14, 2004 Planning & Transportation Commission excerpt verbatim minutes, January 14, 2004 Project Plans (Council packet only) PREPARED BY: STEVEN TURNER Planner ~j,¯ DEPARTMENT HEAD REVIEW: Director of Planning and Community Environment CITY MANAGER APPRC HARRISON Assistant City Manager CMR:188:04 Page 3 of 3 Attachment A ACTION NO. 2004- RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 800 HIGH STREET: TENTATIVE MAP 03-PM-04 (BKF ENGINEERS, APPLICANT ON BEHALF OF PALO ALTO HIGH STREET PARTNERS) At its meeting on March 15, 2004, the City Council of the City of Palo Alto approved the Tentative Map for the development of a previously approved condominium project, making the following findings, determination and declarations: SECTION i. Backqround. The City Council of the City of Palo Alto ("City Council") finds, determines, and declares as follows: A. On December 15, 2003, BKF Engineers, on behalf of Palo Alto High Street Partners, property owners, applied for a Tentative Map for the development of a previously approved condominium project ("The Project"). B. The Tentative map indicates the location and extent of proposed easements associated with the development of the condominium units. The property owner will grant to the City a five-foot wide public access easement on the 800 High Street property adjacent to the entire length of Lane 8 West. The developer wil! improve the area within the easement to match Lane 8 West improvements, to essentially create a 20-foot wide alley that will accommodate fire trucks and other public safety equipment. C. The City would grant two easements to the developer. The first easement, a 7’ wide below-grade easement measured from the project property line along Lane 8 West and extended to the centerline of the alley, would be granted for the construction of a below-grade parking garage and future subterranean connection points to the City-owned substation site at 841 Alma Street. The second easement would be a 3’ wide below-grade easement under the High Street sidewalk measured from the project property line to accommodate the below grade parking garage along the High Street side of the site. D. These easements would be reviewed and recorded during the Final map process. The Final map would describe the terms and conditions of the easements, including how the easements may be used and maintained and the identification of the parties responsible for payment of costs, fees and maintenance issues. D. Following staff review, the Planning and Transportation Commission reviewed the project and recommended approval on February II, 2004, subject to conditions of approval. The Planning and Transportation Commission recommendations are contained in the City Manager’s Report,CMR: , and the attachments to it. SECTION 2. Environmental Review.The City Council certified an Environmental Impact Report (EIR) for the project on February 3, 2003. The EIR acknowledged existing conditions of three parcels that would be merged to form one parcel of approximately 42,000 square feet, on which the 60-unit condominium project would be constructed. 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 is consistent with the Comprehensive Plan. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans : The Project is consistent with the following Comprehensive Plan policies: Policy L-l: Continue current City policy limiting future urban development to currently developed lands within the urban service area. The existing parcel is located within the u~ban growth boundary and the Project is consistent with this policy by continuing the reuse of land within this area; and Policy L-9: Enhance the character of the South of Forest Area (SOFA) as a mixed-use area. The project site lies within the South of Forest Phase 2 Coordinated Plan area. The Project is required prior to redeve!opment of the site into a condominium development with retail space. The deve!opment would bring housing and commercial uses to the area. 3. That the site is not physically suitable for the type of devel opment : The site containing the Project has been previously approved for the development of a 60-unit condominium project. 4. That the site is not physically suitable for the proposed density of development : 2 The Project does not affect site density, and the Tentative Map, as conditioned, is suitable for the previously approved development of a 60-unit condominium project. 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 Project will not cause environmental damage or injure fish, wildlife, or their habitat, as the site is not located in the vicinity of fish or wildlife habitat. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The Project will not cause serious public health problems, as the environmental concerns have been reviewed in the Environmental Impact Report that was certifie~ for the condominium development, and mitigation measures and conditions of approval have been approved to reduce impacts to a less than significant level. 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 judgmen~ 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 Project will not conflict with easements on or off the site, as all easements will be maintained and any adjustments or new easements shall only be al!owed or established by the conditions of approval. SECTION 4. Tentative Map Approval Granted. Tentative Map approval is granted by the City Council under Palo Alto Municipal Code ("PAMC") Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approva! in Section 6 of this Record. 3 SECTION 5. Final Mam Approval. The Final Map submitted for review and approval by the City Council shal! be in substantial conformance with the Tentative Map prepared by BKF Engineers titled "Preliminary Tract Map", consisting of i page, dated January 20, 2004 (revised on March i0, 2004) except as modified to incorporate the conditions of approval in Section 6. A copy of this plan 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 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 2!.16.010[a]) . SECTION 6.Conditions of Approval. Department of Planning and Community Environment P1 arming Di vi si on !. 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 approva! date. PRIOR TO SUBMITTAL OF FINAL MAP P1 arming Di vi si on I.The applicant shall submit the Below Market Rate (BMR) agreement, Grant of Parking Easement, and Underground Development Rights- Easement Dedications for staff review prior to submittal of the Fina! map. The approved documents shall be recorded with the Final Map with the County Recorder. Publ i c Works 2. Subdivision Agreement is required to secure compliance with condition of approval and security of improvements onsite and offsite. No grading or building permits will be issued until Final or Parce! Map is recorded with County Recorder. 3. The applicant shall arrange a meeting with Public Works Engineering,Utilities Engineering, Planning, Fire, and Transportation Departments after approva! of this map and prior to 4 submitting the improvement plans. These improvement plans must be completed and approved by the City prior to submittal of a parcel or final map. 4. The project subdivision includes significant complexity involving, final map and coordination of infrastructure design and construction. Developer 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. 5. All construction within the City right-of-way, easements or other property under City’s jurisdiction shall conform to standard specifications of the Public Works and Utility Department. Sec. 12.08.060. 6. A maintenance agreement is required for the private maintenance of the garage within the alley as well as the within High Street. All future plans shall show the proposed easements and include notation that they are to be privately maintained. This maintenance agreement will be part of the license agreement entitling the City to use of a certain number of parking spaces without charge. 7. A detailed site-specific soil report prepared by a licensed soils or geo-technical engineer must be submitted which includes information on water table and basement construction issues. This report shall identify the current groundwater level, if encountered, and by using this and other.available information, as well as professional experience, the engineer shall estimate the highest projected ground-water leve! likely to be encountered in the future. If the proposed basement is reasonably above the projected highest water level, then the basement can be constructed in a conventional manner with a subsurface perimeter drainage system to relieve ~hydrostatic pressure. If not, measures must be undertaken to render the basement waterproof and able to withstand al! projected hydrostatic and soil pressures. No pumping of ground water is allowed. In general, however, Public Works Engineering -recommends that structures be constructed in such a way that they do not penetrate existing or projected ground water levels. PRIOR TO RECORDATION OF FINAL MAP Public Works 8. The subdivider shall post a bond prior to the recording of the final parcel or subdivision map to guarantee the completion of the "on" and "off" site condition(s) of approval. The amount of 5 the bond shall be determined by the Planning, Utilities and Public Works Departments. 9. The applicant shall post a bond prior to the issuance of a street work permit to guarantee the completion of the "on" and "off" site condition(s) of approva!. The amount of the bond shal! be determined by the Planning,Utilities,and Public Works Departments. DEVELOPMENT SPECIFIC CONDITIONS Public Works i0. All sidewalks and curb and gutters bordering the project, along Homer from the Alley to High Street, the High Street frontage, and along Channing from High to the Alley, shal! be repaired and/or removed and replaced in compliance with Public Works approved standards. Sec. 12.08.010. ii. The unused driveway located along the High Street frontage shall be removed and replaced with curb and gutter. Sec. 12.08.090. 12. The applicant shall install additional conduits under the new sidewalk for future fiber optic/utility use.Number, size, and location of conduits to be determined by PWE. 13. The applicant shall slurry seal High Street from Homer Street to Channing Avenue as part of this development. Utilities- Water, Gas, Wastewater 14. Water service abandonment procedure: It is the applicant’s responsibility to abandon al! existing water services that will not be reused. ¯Excavate the existing water service at the main. ¯For service with a corporation stop and service saddle, turn off the corporation stop and Check for leaks. Cut the copper tubing with a tubing cutter and bend both cut ends over approximately I" from cut end. ¯For a service with a corporation stop with no service saddle. Notify all effected water Customers of the service interruption. Coordinate water shutdown with affected customers and C.P.A. Utilities. Remove the corporation stop and install a Mueller repair clamp. Any leaks, failures, or defective repairs shall be promptly repaired by the contractor. ¯Remove the water meter and salvage to the City of Palo Alto corporation yard water meter repair shop. ¯Remove the abandoned water meter vault and backfill and compact hole to City standards with top soil or clay dirt. ¯Backfill, compact and pave hole at the main per trench backfill standard detail Std. WD-01. Abandonment of all existing water services shall be witnessed by Pa!o Alto’s Utilities inspector. Schedule WGW utilities inspections at 650/566-4504 five working days before start of abandonment. 15. Sewer lateral abandonment procedure: It is the applicants responsibility to abandon all existing wastewater laterals that will not be reused. ¯Excavate the existing sewer lateral at the main. Replace the section of sewer main containing the abandoned lateral wye or tee. ¯Remove cleanout and fill with clean sand, cement slurry or other flowable compacting fill. Plug lateral ends with concrete. ¯Backfil!, compact and pave hole at the main per trench backfill standard detail Std. WD-01. Abandonment of all existing sewer laterals shall be witnessed by Pa!o Alto’s Utilities inspector. Schedule WGW utilities inspections at 650/566-4504 five working days before start of abandonment. Utilities- Electric 16. Applicant shall be responsible for identification and location of all utilities, both public and private, within the work area. Prior to any excavation work at the site, Applicant shall contact Underground Service Alert at 1-800-227-2600, at least 48 hours prior to beginning work. 17. The developer/owner shall provide space for installing pad mount equipment and associated substructure as required by the City. In addition, the owner shall grant a Public Utilities Easement for facilities installed on private property as required by the City. Fire Department 18. An Opticom transmitter shall be provided at applicant’s expense for one emergency response vehicle, and the intersection of Homer Av. and Alma St. shall be upgraded to be compatible with the Opticom system. 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 21.16.0!0[c]) . Unless a Fina! Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Tentative Map approval, or such extension as may be granted, the Tentative Map shall expire and all proceedings shall terminate. Thereafter, no Parce! Map shall be filed without first processing a Tentative Map (PAMC Section 21.!6.0!0[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 titled "Preliminary Tract Map", consisting of 1 page, dated January 20, 2004 (revised March i0, 2004). Attachment B PLANNING DIVISION STAFF REPORT TO:PLANNING & TRANSPORTATION COMMISSION FROM:Steven Turner Planner DEPARTMENT:Planning and Community Environment AGENDA DATE: SUBJECT: February 11, 2004 800 High Street [03-PM-04]: Request by BKF Engineers on behalf of Palo Alto High Street Partners for a Tentative Map to merge three existing parcels into one parcel of 41,993 square feet for the development of a previously approved c~)ndominium project. Environmental Assessment: An Environmental Impact Report was certified by the City Council on February 3, 2003. Zone District: Planned Community (PC) 4779. RECOMMENDATION Staff recommends the Planning and Transportation Commission recommend approval of the Tentative Map to the City Council, subject to the attached Conditions of Approval (Attachment A). PROJECT DESC~PTION Site Information The project site consists of three parcels that total 41,993 square feet in size. Parcel 1 is 8,611 square feet, Parcel 2 is 12,386 square feet and Parcel 3 is 20,996 square feet. The site encompasses the half-block area bounded by High Street, Homer Avenue, Channing Avenue, and the alley lying between High and Alma Streets (Lane 8 West). The site may be accessed from all of the above streets and the alley. Buildings associated with the Peninsula Creamery currently occupy the site. The largest of the buildings is located at the corner of High Street and Homer Avenue (140 Homer Avenue). To the northeast of the site on High Street are several small one-story office buildings and the building associated with Watercourse Way at the comer of High Street and Channing Avenue. Across Channing Avenue to the southeast is the Peninsula Creamery Dairy Shop, which is a single story structure with a tall parapet. Across Lane 8 from the project site is the Palo Alto Hardware building (a one-story structure with a tall parapet), a single story office building, the electrical substation, and Ole’s Garage at the corner of Homer Avenue and Alma Street. A four-story self-storage and retail building is located directly north of the site across the intersection of Homer Avenue and High Street. Planned Community Development On February 3, 2003, the City Council certified the Fina! Environmental Impact report and adopted an ordinance (Ordinance 4779) for the creation of a Planned Community district for 60 residential units including ten below market rate units, plus commercial space, open space, and below grade parking. Conditions of approval were attached to the Council’s decision, to increase the publicly accessible open space areas at Homer and Channing Avenues and to modify the building height and volumes along Channing Avenue. A referendum petition to overturn City Council’s February 3, 2003 adoption of Ordinance 4779 was certified by Santa Clara County on Mardh 26, 2003. A general election was held on November 4, 2003 that included the question on whether the Council’s decision to create a PC district should be overturned. The referendum was unsuccessful and the Council’s original decision became final. Tentative Map/Final Map Process The project developer (Palo Alto High Street Partners) is applying for demolition, gradin~excavation, and building permits with the Building Division. As this development is for the creation of 60 condominium units, this project requires that the lot merger be accomplished via the Tentative Map/Final Map process. The Final map shall be recoded with Santa Clara County prior to issuance of building permits (a demolition permit may be issued prior to Council approval of the Tentative map). Project Information The lot merger would combine Parcels 1,2 and 3 into a single parcel of 41,993 square feet. The property lines adjacent to the public streets and alley would remain in the same location, as described on Sheet 3 of the tentative map. Interior property lines between Parcels 1 and 2 and between Parcels 2 and 3 would be removed, resulting in one large lot. The Tentative map indicates the location and extent of proposed easements associated with the development of the condominium units. The property owner will grant to the City a five-foot wide public access easement on the 800 High Street property adjacent to the entire len~h of Lane 8 West. The developer will improve the area within the easement to match Lane 8 West improvements, to essentially create a 20-foot wide alley that will accommodate fire trucks and other public safety equipment. City of Palo Alto Page 2 The City would grant two easements to the developer. The first easement, a 7’ wide below-grade easement measured from the project property line along Lane 8 West and extended to the centerline of the alley, would be granted for the construction of a below- grade parking garage and future subterranean connection points to the City-owned substation site at 841 Alma Street. The second easement would be a 3’ wide below-grade easement under the High Street sidewalk measured from the project property line to accommodate the below grade parking garage along the High Street side of the site. These easements would be reviewed and recorded during the Final map process. The Final map would describe the terms and conditions of the easements, including how the easements may be used and maintained and the identification of the parties responsible for payment of costs, fees and maintenance issues. POLICY IMPLICATIONS Comprehensive Plan The proposed lot merger is consistent with the Palo Alto Comprehensive Plan, both with respect to the Planned Community development and adherenee to the following policies of the Land Use and Community Design Element: Policy L-l: Continue current City policy limiting fitture urban development to currently developed lands within the urban service area. The existing parcels are located within the urban growth boundary and the lot merger is consistent with this policy by continuing the reuse of land within this area. Policy L-9: Enhance the character of the South of Forest Area (SOFA) as a mixed use area. The project site lies within the South of Forest Phase 2 Coordinated Plan area. The proposed merger is required prior to redevelopment of the site into a condominium development with retail space, The development would bring housing and commercial uses to the area. Planned Community Ordinance Compliance The proposed merger and resulting parcel is in compliance with the Planned Community Ordinance (PC-4779), adopted by City Council on February 3, 2003. Subdivision Ordinance Compliance The proposed merger is in compliance with the provisions of the Subdivision Ordinance, in regard to Tentative Map requirements (PAMC 21.12) and design (PAMC 21.20). However, because the site will be developed with more than five residential units, the minor subdivision cannot be processed administratively through the Director of Planning and Community Environment and requires review by the Planning and Transportation Commission and City Council approval (PAMC 21.08.020). Ciw. of Palo Alto Page 3 PUBLIC NOTICE Public Notice of the Planning Commission hearing for the proposed subdivision was provided by publication of the agenda in a local newspaper of general circulation. In addition, a hearing notice card was mailed to property owners and residents within 300 feet of the project site. ENVIRONMENTAL REVIEW The City Council certified an Environmental Impact Report (EIR) for the project on February 3, 2003. The EIR acknowledged existing conditions of three parcels that would be merged to form one parcel of approximately 42,000 square feet, on which the 60-unit condominium project would be constructed. NEXT STEPS Following review by the Planning and Transportation Commission, the application will be heard by the City Council on March 15, 2003. If the City Council approves the Tentative Map, the applicant may apply for approval of a Final Map. The Final Map will be reviewed for compliance by City staff and a final action will be made by the City Council. ATTACHMENTS/EXHIBITS Attachment A. Attachment B. Record of Land Use Action Tentative Map (Commission Members Only) COURTESY COPIES Anh Tuan H. Nguyen, BKF Engineers, 981 Ridder Park Drive, Suite 100, San Jose, CA 95131 Woody Gontina, Palo Alto High Street Partners, 909 Alma Street, Palo Alto, CA 94301 Prepared by: Steven Turnea~ Planner Reviewed by:Amy French, AICP.,~ Manager of Current -Planning Department/Division Head Approval: Lisa Grot Ch ning Official CiO, of Palo Alto Page 4 Attachment C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 4o 41 42 43 44 45 46 Planning and Transportation Commission February 11, 2004 Excerpt Verbatim Minutes 800 l-liqh Street*:[ 03-PM-03] Request by BKF Engineers for a tentative map to combine three lots into one lot for the purposes of a future condominium development. Mr. Steven Turner, Planner: Thank you very much. Good evening Chairman Griffin and Commissioners. The application before the Commission this evening is a request for a tentative map to merge three existing parcels on the project known as 800 High Street. The map included in your Packet indicates the location and configuration of the three parcels and their proposed resulting lot once the parcels are merged. The tentative map is the first step of the mapping process that will ultimately result in the creation of 60 condominium units as per the City Council approved plans establishing the Planned Community zoning district at this site. The resulting lot merger complies with the Planned Comrnunity Ordinance that was established and approved by Council. The Commission’s recormnendation will be transmitted in March to the City Council for final decision. Upon City Council approval of the tentative map the applicant will submit plans for the final map, which will incorporate all pertinent conditions of the tentative map. The final map with documents related to parking, access and the BMR pro~am will be recorded then with the County. The recommended conditions of approval as outlined in Attachrnent A to the Staff Report directly relate to the mapping process and those pre-construction activities that are required prior to the issuance of various building permits for the project. That concludes the Staff Report. If you have any other question we will be happy to answer them. Chair Griffin: Do Commissioners have any questions? Bonnie. Conmaissioner Packer: My question is I think in the ordinance, at least the version of the ordinance I have and also in the CMR that accompanied it, it talked about access of the property owners along the alley to somehow to have access fla the 800 block of Alma Street to have access from their properties through the garage. I didn’t see that reference on the map. I don’t know if that is an appropriate thing to put on a subdivision map or how is that going to be accomplished? Mr. Soder~en: As part of their Planned Community District they are required to enter into a parking a~eement and those easements will be recorded on the property as part of the parking ageement. We are currently working on that a~eement. So they will be recorded later on the property. Commissioner Packer: They would be recorded later. If the a~eement were in place now they could be recorded now with this? Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Mr. Soder~en: Right. It is a timing issue. Commissioner Packer: Okay. The recording of the final map without those easements would not preclude the additional conditions. Mr. Soder~en: Right. Those easements are a requirement of their zoning under their Planned Community District and Planned Community Ordinance. The details are all outlined in that Ordinance and those are going to be transferred like I said into the a~eement and then the ageement will have attached the easements. Chair Griffin: Are there any further questions of Staff Do we have any speaker cards from the public? Dan? Mr. Soder~en: This will be before building permits are issued. Chair Griffin: Our first speaker is Joy Ogawa. Welcome again. Joy. Ms. O~awa: Thank you. I just have one question of StaffI guess or maybe you can ask Staff this. During the appeal that went to Council Staff told C6uncil that the BMR plan was not okay that there needed to be units on the fourth floor and that that was going to be changed. So I just want to "know whether that has happened and what the BMR plan looks like now. Chair Griffin: Well that is kind of a long distance from the item that we have here before us. If wants to respond to that but I am saying that that’s not on the agenda. Joy, I am going to encourage you to deal with that offline if you would please. Mr. Emslie: V~rhat we will do is we will have housing staff get back to Ms. Ogawa directly on this. Chair Griffin: That’s peat. Thank you very much. I have no other speaker cards therefore I am going to close the public hearing on this item. Does the Commission have any further questions of Staff before we discuss this item? It seems not.- Pat, yes? Colmnissioner Burt: During the approval process there were issues about assurances to existing businesses in particular the Ace Hardware Store about access during construction and things. Is that something that is appropriate to address at this time? Mr. Soder~en: Those will be built in as part of that parking ageement that I am talking about. That will include access and parking and all those things. Commissioner Burt: Okay. Mr. Emslie: Also the PD also contains a condition for the applicant to submit a construction mitigation plan. They are in the process of doing that and there is dialogue with the adjacent business owners about the implementation of that. So that is underway. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O Commissioner Burt: Thank you. Chair Griffin: Karen. Commissioner Holman: Just a clarification. The only thing that we have purview over is to see that the Attachment A findings are consistent with the tentative map act, right? Okay. Chair Griffin: Are there any further questions of Staff or comments? I would entertain a motion. MOTION Vice-Chair Cassel: Okay. I will move the Staff reconmaendation. Chair Griffin: Is there a second? SECOND Commissioner Packer: I’ll second. Chair Griffin: Do you wish to speak? Vice-Chair Cassel: Only to say that this is a fairly routine matter. The ordinance approval for this project has already been made and it has been voted on by the citizens of the City and this a fairly formal matter of making sure that the parcel lines are moved and they have to be removed in order to make this go forward. The final details will be in the final map. Chair Griffin: Does the seconder wish to conmaent on this? Cormaaissioner Packer: No, I just a~ee with Phyllis. MOTION PASSED (5-0-0-1, Commissioner Bialson absent) Chair Griffin: Then we vote this up. All those in favor of Phyllis motion say aye. (ayes) Opposed? The item carries unanimously with Commissioner Bialson absent. That draws to a close the second item on the agenda. Page 3