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HomeMy WebLinkAboutStaff Report 8375 City of Palo Alto (ID # 8375) City Council Staff Report Report Type: Study Session Meeting Date: 10/2/2017 City of Palo Alto Page 1 Summary Title: 470 Olive Avenue: Prescreening for Rezoning Title: 470 Olive Avenue [17PLN-00215]: Request for a Prescreening to Re- zone a Portion of the Subject Property From R1 Single Family Residential to CS Service Commercial. Environmental Assessment: Prescreening is not a Project. The Formal Application Will be Subject to California Environmental Quality Act (CEQA) Review. From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends the City Council conduct a preliminary review (“prescreening”) and provide comments regarding the applicant’s proposal to rezone the subject parcel from R1 to CS. No formal Council action may be taken during a preliminary review, and comments provided during a prescreening are not binding on the City or the applicant. Background The property owner filed the subject prescreening application on June 16, 2017 in accordance with municipal regulations to change the current residentially zoned parcel (and comprehensive plan land use designation) to its previous commercial zoning. A redevelopment project is not proposed in conjunction with the rezoning request. Instead, the owner has indicated that they filed the prescreening application after learning that the use of the site is nonconforming and subject to an amortization schedule per Section 18.70.070 of the Palo Alto Municipal Code (PAMC). The site contains a one-story commercial building located on two adjoining parcels: 2951 El Camino Real and 470 Olive Avenue (Attachment A). The two parcels have separate zoning districts and comprehensive plan land use designations. The property located at 2951 El Camino Real is zoned and designated Service Commercial (CS), while 470 Olive Avenue is zoned R-1 and designated Single Family Residential (SF). The portion of the property located at 470 Olive City of Palo Alto Page 2 Avenue abuts single-family residences to the north and east, which are in the same R-1 zoning district. The adjacent parcel to the south at the corner of El Camino Real and Olive Avenue is under separate ownership, and is not a part of the subject site. In preparing this report, staff learned that the existing building was constructed in 1968, and at that time the entire site was located in the CS zone and occupied by an extensive retail use (organ and piano sales). On July 20, 1978, the Council rezoned the 470 Olive Avenue portion of the site to R-1 as a part of a larger action to achieve consistency between zoning map and the Comprehensive Plan Land Use Designation Map for several parcels in the area. This action rendered the commercial use of the 470 Olive Avenue parcel legally nonconforming and subject to amortization with a termination date of September 11, 1998 (PAMC 17.70.070). On October 5, 1987, the City Council approved an exception to the nonconforming use termination provision for the site, subject to conditions requiring improvements to the onsite parking lot and landscaping. The improvements were not made within the required timeframe, and on March 28, 1988 the City received a letter from the owner indicating that they had elected not to pursue the exception. Therefore, the nonconforming use termination deadline of September 11, 1998 remained in effect on the site. There is no further opportunity in the zoning code to seek or grant another exception. A further review of the property reveals no action or records on behalf of the city to abate the nonconforming use following the September 11, 1998 deadline. Currently it appears there is an office tenant occupying the building. The last authorized use prior to 1998 was for an extensive retail use however staff does not believe the retail preservation requirements of Municipal Code Section 18.40.180 apply in this instance. The owner has indicated that they became aware of the termination requirements after discussing the required permitting for the office use with Planning staff. City records do not show any history of code enforcement cases or actions on the site. Discussion The purpose of the prescreening is for the applicant to assess whether there is sufficient Council interest to proceed with a formal application. The applicant’s reason for seeking the zoning amendment is provided in Attachment B, which also includes more background information on the city’s prior actions. Based on staff’s review of the administrative record, it appears there are three principal options to consider: 1. Encourage the applicant to apply for amendments to the city’s zoning map and City of Palo Alto Page 3 comprehensive plan land use designation map to rezone the property from R1 to CS. 2. Suggest an alternative zoning code amendment be pursued to allow for an additional opportunity to seek an exception to the amortization provision in the code. 3. Indicate interest in preserving the R1 zoning designation. Regardless of the above options, or other options identified by the Council, code enforcement action is needed. For Option 1, the enforcement effort could allow time for the property owner to file and diligently pursue and application for a zone change. This option could allow for the continued commercial use of the property and would also permit future redevelopment of the site in manner consistent with the CS zoning district. Option 2 would seek to allow for the continuation of the previously permitted nonconforming, extensive retail use, and forestall or eliminate the amortization schedule for this property. This option would essentially limit commercial activity (extensive retail) to the existing building and preclude any intensification of use or floor area expansion. Option 3 would result in a code enforcement action to abate all commercial activity at the site; only permitted R1 uses would be authorized on the subject property. Following the prescreening review, the applicant will consider how they want to proceed and file appropriate application(s). City staff will initiate a code enforcement case, with a compliance schedule that is informed by the applicant’s request and Councilmember comments at the prescreening study session. Environmental Review This prescreening is a preliminary review process in which Councilmembers may provide comment, but no formal action will be taken. Therefore, no review under the California Environmental Quality Act (CEQA) is required at this time. A formal review under CEQA would be initiated with the formal filing of a rezoning application. Attachments: Attachment A: Maps and Photos (PDF) Attachment B: Applicant's Project Description (PDF) Attachment C: Zoning Comparison (DOCX) 119.7' 50.0' 119.7' 50.0' 19.7' 50.0' 119.7' 139.5' 139.5' 50.0' 66.9' 200.0' 66.9' 200.0' 50.0' 50.0' 134.7'134.7' 50.0' 134.7' 50.0' 134.7' 50.0' 134.7' 50.0' 50.0' 150.0' 150.0' 50.0' 119.7' 50.0' 119.7' 50.0 119.7' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 47.9' 150.0' 47.9' 150.0' 95.7' 150.0' 95.7' 150.0' 95.7' 150.0' 95.7' 150.0' 200.0' 72.6' 200.0' 72.6' 119.5' 119.5' 119.5' 50.0' 50.0' 50.0' .0' 109.8' 150.0' 451 441 450 460 470 2875 412 420 430 440 450 451 441 431 456 470 471 461 2999 2951 2905 461 3017 3001 473 51 OLIVE AVEN UE PEPPER A VENUE A MINO REAL O REAL This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Building Roof Outline Underlying Lot Line abc Easement abc Lot Dimensions Zone Districts abc Zone District Labels Tree 470 Olive Avenue 2951 El Camino Real 0' 70' 470 Olive Avenue CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto gowen, 2017-09-12 16:10:10 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) 470 Olive Ave 2591 El Camino Real 470 Olive Avenue (site) and 2951 El Camino Real Source: Google Maps 470 Olive Avenue Source: Google Maps 2951 El Camino Real Source: Google Maps Attachment C: Comparison of R-1 and CS Zoning District Standards R-1 CS Minimum Lot Size 6,000 sf (existing lot is 5,983 sf) None required Lot/Site Coverage 2,393 sf (35% plus an additional 5% for eaves, covered patios, etc.) None required Floor Area Ratio (FAR) 2,545 sf (.45 FAR first 5,000 sf + .30 FAR of remaining sf) 2,393 sf (0.4:1) Front Yard Setback 20 feet 0’-10’ to create an 8’-12’ sidewalk Side Yard Setbacks 6 feet None required Rear Yard Setbacks 20 feet None required Height 30 feet 35 feet within 150 feet of a residential district Side Yard Daylight Plane 10 feet (initial height); 45 degree angle over Identical to abutting R-1 zone standard Rear Yard Daylight Plane 16 feet (initial height); 60 degree angle over Identical to abutting R-1 zone standard