HomeMy WebLinkAbout2003-03-03 City Council (2)TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
MARCH 3, 2003 CMR:184:03
INTERIM REGULATIONS TO PROHIBIT NEW OFFICE USES IN
GROUND FLOOR LOCATIONS IN CHARLESTON CENTER
(PORTIONS OF Tt-I~E 3900 BLOCK OF MIDDLEFIELD ROAD)
AND THE MIDTOWN SHOPPING DISTRICT (PORTIONS OF THE
2600, 2700, AND 2800 BLOCKS OF MIDDLEFIELD ROAD AND
THE 700 BLOCK OF COLORADO AVENUE)
RECOMMENDATION
Staff recommends that the City Council approve the attached interim ordinance
prohibiting new ground floor office uses in the .Charleston Center and Midtown Shopping
District effective immediately. A four-fifths vote of the Council is required for passage.
BACKGROUND
In January 2001, the City Counci!, concerned about excessive pressure from office
tenants on neighborhood shopping centers, approved interim ordinances preserving retail
uses in the Charleston Center and Midtown Shopping District. These ordinances were
extended twice on an urgency basis, and will expire on March 2, 2003. On February 12,
2003, the Planning and Transportation Commission recommended that these ordinances
be adopted on a permanent basis. On April 14, 2003, the City Council is scheduled to
hold a public hearing on the permanent adoption of the ordinances. The city is now
experiencing a significant surplus of office space in areas designed and planned for office
uses. Permitting the establishment of new ground floor office uses in the Charleston
Center and Midtown would exacerbate this surplus while frustrating the City’s goals for
these important community resources.
DISCUSSION
This urgency ordinance would prohibit the establishment of new ground office uses in
Charleston Center and Midtown Shopping District for the next 45 days. It could be
CMR:184:03 Page 1 of 2
further extended by the City Council after a public hearing. If the City Council accepts
the recommendation of the Planning and Transportation Commission to make permanent
the interim Charleston/Midtown interim ordinances, there may be no need for a further
extension of the interim ordinance. This interim ordinance will also complement the
citywide Retail Preservation Ordinance, which protects sites with any of five gound-
floor uses (housing, retail, eating and drinking establishments, personal services,
automotive services) from conversion to office.
ENVIRONMENTAL REVIEW
This project is exempt from the provisions of the California Environmental Quality Act
(CEQA), per section 15061(3) of CEQA Guidelines, because it can be seen with certainty
that there is no possibility that the project will have a significant effect on the
environment.
ATTACHMENTS
A:Proposed Interim Ordinance for Charleston Center and Midtown Shopping District
(with maps)
DEPARTMENT HEAD REVIEW:
/STEVE LIE
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
EMILY~ARRISON
Assistant City Manager
CMR: 184:03 Page 2 of 2
ORDINANCE NO
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
PROHIBITING NEW GROUND FLOOR OFFICE AT CHARLESTON
CENTER (PORTIONS OF THE 3900 BLOCK OF MIDDLEFIELD
ROAD) AND AT MIDTOWN SHOPPING DISTRICT (PORTIONS
OF THE 2600, 2700, AND 2800 BLOCKS OF MIDDLEFIELD
ROAD, 700 BLOCKS OF COLORADO AVENUE, MORENO
AVENUE, AND SAN CARLOS COURT) ON AN INTERIM BASIS
PURSUANT TO GOVERNMENT CODE SECTION 65858 TO
TAKE EFFECT IHMEDIATELY
The City Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I. Findings. The Council finds and declares that:
A.The City of .Palo Alto ("City") is experiencing a
glut of office space in most areas. Conversion of ground floor,
neighborhood-serving businesses to office uses will cause economic
decline and physical blight by further overloading and weakening
the local commercial real estate economy. Serious harm to the
public health, safety, and welfare of Pa!o Alto and the surrounding
region will result from these economic and blight impacts.
B.Based on finding A, the Council finds that there is
a current and immediate threat to the public health, safety, or
welfare if new ground f!oor office space is permitted in the
Charleston Center or the Midtown Shopping District.
SECTION 2. Definitions.
A.The "Hidtown Shopping District" is defined as those
properties zoned CN in the vicinity of the intersection of Co!orado
Avenue and Hiddlefield Road shown on Exhibit A.
B.The "Charleston Center" is defined as all properties
zoned CN and bounded by East Charleston Road, Middlefield Road, and
Cubberley High Schoo!, as shown on Exhibit B.
SECTION 3. New Ground-floor Office Prohibited. As of the
effective date of this ordinance, notwithstanding any contradictory
sections of the Palo Alto Municipa! Code, no new Administrative
Office, General Business office, Medical Office, or Professional
office use, as defined in Section 18.04.030 of the Palo Alto
Municipa! Code, is permitted in the Charleston Center or Hidtown
Shopping District.
SECTION 4. Exclusion of Certain Office Buildings. In the
Midtown Shopping District, 711, 719, and 721 Colorado Avenue, 689
030227 syn 0091207
Co!orado Avenue, buildings not fronting on Middlefield Avenue,
designed and used for office purposes, and not well suited to other
uses are exempt from the provisions of this ordinance.
SECTION 5. Existing Businesses. All office lawfully
existing as of the date of this ordinance may continue as non-
conforming uses, but may only be replaced by non-office uses
permitted or conditionally permitted in the CN district, as set
forth in Chapter 18.41 of the Palo Alto Municipal Code. Provided,
an existing ground floor office may be replaced with another office
if the new tenant or owner wil! continue the existing business or
practice.
SECTION 6. The Council finds that this project is exempt
from the provisions of the Environmenta! Quality Act ("CEQA")
because it can be seen with certainty that there is no possibility
that this project wil! have a significant effect on the
environment, and because this ordinance falls within the exception
to CEQA set forth in Section 15268 of the CEQA Guidelines.
SECTION 7. Effective Date and Applicability. This
ordinance was passed by a four-fifths vote after a public hearing
pursuant to Government Code Section 65858 and shall be effective
immediately upon adoption and shall cease to have force and effect
on April 17, 2003 unless further extended after additiona! public
hearing.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENT!ONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Mayor
City Manager
City Attorney Director of Planning and
Community Environment
030227 syn 0091207
EXHIBIT A
C N Combining Distridt
at Midtown S hopping Center
CN Combining
District Overlay
\ \
\
\\
CN Combining District Overlay
at Midtown Shopping Center
(1993 building footprints)
EXHIBIT A
EXHIBIT B
Building Roof Outline
ON Zone Designation
~-~ ~
7" / "’%
./- I/ [. , ~’,. ¯
/ ....
CN District
Charleston Shopping Center
(1993 building footprints) .... ",
D:\G Ioria d\G IS V: E \C nDistrictC ha rlestonC enter.ai or .pdf
EXHIBIT B