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HomeMy WebLinkAbout2003-04-14 City Council (9)TO: FROM: City of Palto Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING ANq) COMMUNITY ENVIRONMENT DATE: SUBJECT: APRIL 14, 2003 CMR:227:03 INTERIM REGULATIONS TO PROHIBIT NEW OFFICE USES IN GROUND FLOOR LOCATIONS IN CHARLESTON CENTER (PORTIONS OF THE 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 extend Ordinance No. 4781, which prohibited new ground-floor office uses in the Charleston Center and Midtown Shopping District on an interim basis, by adopting the attached ordinance (Attachment A) by a four-fifths vote. BACKGROUND In January 2001, the City Council, 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 expired on March 2, 2003. On February 12, 2003, the Planning and Transportation Commission recommended that these ordinances be adopted on a permanent basis. On March 3, 2003, the City Council approved Ordinance No. 4781 prohibiting new gound floor office in t.he Charleston Center and Midtown Shopping District. Ordinance 4781 expires on April 17, 2003. 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 The permanent ordinances meant to replace the interim regulations adopted on March 3 are part of. this Council agenda. The earliest possible effective date for those ordinances CMR:227:03 Page 1 of 3 is May 28, 2003, because of the need for a second reading and a 30-day referendum period. Therefore, the interim ordinance will need to be extended in order to protect Charleston and Midtown until the permanent ordinances are effective. This ordinance would extend Ordinance 4781, which prohibits the establishment of new ground-floor office uses in Charleston Center and Midtown Shopping District, until the effective date of the permanent ordinances for those areas. This interim ordinance will " also complement the citywide Retail Preservation Ordinance, which protects sites with any of five ground-floor uses (housing, retail, eating and drinking establishments, personal services, automotive services) from conversion to office. A four-fifths vote of the Council is required for passage of tl~e ordinance. This ordinance would expire upon the effective date of permanent ordinances for Midtown and Charleston. 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) B) Staff report to the Planning and Transportation Commission dated February 12, 2003 PREPARED BY: Jo jAbendschein, Manag ent Spe " ist_ DEPARTMENT ~//STEVE ~ff’MSL HEAD REVIEW /’-’1 ~ ,_/a,’,~ " ~ Director of Planning and Community Environment CITY MANAGER APPROVAL: EMI HARRISON Assistant City Manager CMR:227:03 Page 2 of 3 Annette Ashton, Midtown Neighborhood Association, 2747 Bryant Street, Palo Alto, CA, 94306 Lynn Chiapella, 631 Colorado Avenue, Palo Alto, CA 94306 Deborah Ju, Charleston Meadows Neighborhood Association, 371 Whitclem Drive, Palo Alto, CA, 94306 Jean Wilcox, Charleston Gardens Association, 4005 Sutherland Drive, Palo Alto, CA, 94303 Robert Debs, Midtown West, 3145 Flowers Lane, Palo Alto, CA, 94306 Michael Gagliasso, Middlefield Road Resident’s Association, 2064 Middlefield Road, Palo Alto, CA, 94301 CMR:227:03 Page 3 of 3 Attachment A 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 MI~DLEFIELD ROAD, 700 BLOCKS OF COLORADO AVE~E, MOREN0 AVE~E, AND SAN CARLOS COURT) ON AN EXTENDED INTERIM BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858 BY EXTENDING ORDINANCE NO.4781 TO TAKE EFFECT I~EDIATELY The City Council of the City of Palo Alto does ORDAIN as follows: SECTION i. Findings. The Counci! finds and declares that: A.The City of Paio 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 physica! blight by further overloading and weakening the loca! commercia! rea! estate economy. Serious harm to the public health, safety, and welfare of Palo Alto and the surrounding region will result from these economic and blight impacts. B.On Hatch 3, 2003, the Council adopted Ordinance No[ 4781 prohibiting ground floor offices in the Charleston Center and Midtown Shopping District. On February 12, 2003, the Planning and Transportation Commission recommended the adoption of permanent ordinances for those areas. Those ordinances will not become effective before Ordinance No. 4781 expires. C.Based on findings A and B, the Council finds that there is a current and immediate threat to the public health] safety, or welfare if interim Ordinance No. 4781 is not extended pursuant to Government Code Section 65858 to prohibit @round f!oor offices in the Charleston Center and Midtown Shopping District unti! the effective date of a permanent ordinance for those areas. SECTION 2. Definitions. A.The "Midtown Shopping District" is defined as those properties zoned CN in the vicinity of the intersection of Co!orado Avenue and Middlefield Road shown on Exhibit A. 030327 s)qa 0091223 B.The "Charleston Center" is defined as all properties zoned CN and bounded by East Charleston Road, Middlefield Road, and Cubberley High School, as shown on Exhibit B. SECTION 3. New Ground-f!oor Office Prohibited. As of the effective date of this ordinance, notwithstanding any contradictory sections of the Palo Alto Municipa! Code, no new Administrative Office, Genera! Business Office, Medica! Office, or Professional Office use, as defined in Section 18.04.030 of the Palo Alto Municipal Code, is permitted in the Charleston Center or Midtown Shopping District. SECTION 4. Exclusion of Certain Office Buildings. In the Midtown Shopping District, 711, 719, and 721 Colorado Avenue, 689 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 I~unicipal Code. Provided, an existing ground f!oor office may be replaced with another office if the new tenant or o~er will continue the existing business or practice. SECTION 6. The Council finds that this project is exempt from the provisions of the Environmental 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 shal! be effective immediately upon adoption. SECTION 8. Expiration. This ordinance shall cease to have force and effect on March 3, 2004 unless further extended after additional public hearing, provided, if both of the fol!owing ordinances are adopted, this urgency ordinance shall expire on the later effective date of those ordinances: (i)Ordinance No.titled ORDINANCE OF THE COUNCIL OF THE CITY OF PAL0 ALTO A}~_AIDING TITLE 18 OF THE ~ICIPAL CODE TO ADD SECTION 18.41.035 PRESERVING AND SUPPORTING NEIGHBORHOOD- SERVING USES IN THE NEIGHBORHOOD C0~I~ERCIAL (CN) DISTRICT AT CHARLESTON CENTER (PORTIONS OF THE 3900 BLOCK OF MIDDLEFIELD ROAD) 2 030327 syn 0091223 (2)Ordinance No.titled ORDINANCE OF THE COUNCIL OF THE CiTY OF PALO ALTO AMENDING TITLE 18 OF THE MUNICIPAL CODE TO ADD SECTION 18.41.037 PRESERVING AND SUPPORTING GROUND-FL00R NEIGHBORHOOD-SERVING USES IN THE NEIGHBORHOOD COMMERCIAL (CN) DISTRICT AT MIDTOWN SHOPPING DISTRICT (PORTIONS OF THE 2600, 2700 AND 2800 BLOCKS OF MIDDLEFIELD ROAD, 700 BLOCKS OF COLORADO AVENUE, MOREN0 AVENUE, AND SAN CARLOS COURT) INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Director of Planning and Community Environment 030327 syn 0091223 3 EXHIBIT A CN Combining District Overlay at Midtown Shopping Center (1993 building footprints) EXHIBIT B CN District Charleston Shopping Center (1993 building footprints) D:\G Ioria d\G IS ~F E\C nDistrictC ha rlestonC enter.ai or .pdf Attachment B PLANNING DIVISION STAFF REPORT TO:PLAb,~TNG & TP,_A_NSPORTATtON CO1VJ~ISStON FROM:fon Abendschein, Management Specialist DEPA_RTiVIENVI’:Planning AGENI)A DATE: SUBJECT: February 12, 2003 CN district regulations preserving neighborhood-serving uses in the Midtown and Charleston shopping centers. REC OMIVIENDATION Staff recommends that the Pla ~nning and Transportation Commission (PTC) recommend to.the City Council adoption Of the attached ordinances charting the Neighborhood Commercial (CN) zoning district reg-ulations to make permanent the existing interim ordinances limiting new non-neighborhood-serving businesses in the Mi&own and Charleston shopping centers. PROJECT DESCRIPTION On January 16, 2001, in response to the replacement of neighborhood-serving businesses with office uses in Midtown and in the Charleston shopping center, the City Council adopted two urgency interim o~;dinances limiting new non-neighborhood-serving uses in those areas. The ordinances established development standards specific to the two neighborhood centers. The interim ordinances were extended and amended on February 20, 2001 and again on _April 23, 2001. The ordinances will expire on March 2, 2003, and may not be extended a third time on an urgency basis. City of Palo Alto Page I SL~([I~iLdaRY OF SIGNIFICA~NT ISSUES Prior to adoption of the interhn ordinances, Charleston shopping center and Midto~n were subject to the development standards of the Neighborhood Commercial (CN) district. The interim ordinances added supplemental development standards meant to encourage neighborhood-serving uses in the two neighborhood centers. It was anticipated that completion of the Zoning Ordinance Update (ZOL0 would result in new, permanent standards appropriate to these two. areas; however,, work on the ZOU is still in pro~ess. Therefore, the normal CN district regulations, which were considered inadequate in protecting the neighborhood-ser~dng character of Charleston and Midtown, ~ill apply after March 2, 2003, unless .the ordinances are re-adopted on a non-emergency basis after public hearings by the Planning and Transportation Commission and Cib~ Council. Staff believes that the development standards established by the interim ordinance fulfill the .Comprehensive Plan goals of maintaining the neighborhood-serz,ing character of the two neighborhood centers, and sh0nld be t~ept in place, at least until workon the ZOU is completed. The regulations allow a wide range of neighborhood-serving uses, but prohibit offices on the ~ound floor of the centers unless those offices are determined by the Director to be neighborhood serving, as defined in the code. Neighborhood-servin~ offices are medical or professional offices, travel agencies, insurance agencies, or othe~ offices considered to have a local customer base, and all such offices require a Conditional Use Permit if they are ~eater than 2,500 square feet. Residential uses are also prohibited on the ~ound floor, though mixed use with residential above is pern:fftted. RESOURCE LMPACT This change in regulations would have no significant impact on staff or other resources; these reg-ulations have been in place since January 2001, so all resources necessary to. adn~nister the reg-ulations are already in place. Howe:vet, Staff" does recon=nend maintaining the existing reg-ulations rather than attempting an interim revision before the ZOU is complete. POLICY IMPLICATIONS Adoption of these ordinances would fulflI1 Comprehensive Plan Program L-3 6, "Evaluate current zoning to determine if i’t supports the types of uses and scale of buildings considered appropriate in Neighborhood Centers." In the definition on page L-18 of the Comprehensive Plan; a "neighborhood center" is described as "small retail centers with a p~nary trade area lhnited to the immediately surrounding area,’ and including % variet7 of smaller retail shops and offices oriented toward the everyday needs of surrounding residents." The development standards in these ordinances support the types of uses considered appropriate in Neighborhood Centers. City of Pelo Alto Page 2 EN~’-IRO N1VfE_NTAL REN’ffE.W This project is exempt from the provisions of the California Envirom~aental Qualib~ Act (CEQA), per section 15061 of CEQA Guidelines, because it can be seen with certainb, that there is no possibility- that the project will have a si~m_aificant effect on the envirom~ent. NEXT STEPS If the Planning and Transportation Commission recommends approval, a City Council hearing will be scheduled. ATTACI-~IENTSFE~ITS: A.Ordinance Adopting Regulations for Charleston Center B.Ordinance Adopting Regulations for Midto~n COURTESY COPIES: Interested Parties Prepared by: Jon Abendschein, Management Specialist Reviewed by: Lisa Grote, ChiefPlarming Official DepartmenffDi¥ision Head A_pproval:~ Lisa~rote, Chief Planning Official City of Palo Alto Page 3