HomeMy WebLinkAbout2003-11-10 City Council (6)TO:
City of Palo Alto
City Manager’s Replt
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
NOVEMBER 10, 2003 CMR: 503:03
APPROVAL OF AN ORDINANCE ADOPTING THE SOUTH OF
FOREST AREA COORDINATED AREA PLAN, PHASE 2
IMPLEMENTING COUNCIL DIRECTION OF OCTOBER 20, 2003.
RECOMMENDATION
In response to Council direction, staff recommends that the City Council re-introduce for
a first reading the Ordinance adopting the South of Forest Area Coordinated Area Plan,
Phase 2 (Attachment C). The Ordinance and Coordinated Area Plan are reproduced in
their entirety for Council members only; the five pages in Attachment B are the only
substantive changes to the Ordinance and Plan since they were introduced on October 20,
2003.
BACKGROUND
On October 20, 2003, after closing its public hearing, the City Council adopted the
resolution certifying the addendum to the South of Forest Area Final Environmental
Impact Report; adopted the resolution amending the Land Use Map of the Comprehensive
Plan; and introduced the Ordinance approving the South of Forest Area, Coordinated
Area Plan, Phase 2 (SOFA 2 CAP). At that time, Council also directed staff to include
additional performance standards for private useable open space and for con-anon useable
open space, with common useable open space to be suitable for use by families with
chil&’en. Although the new language in the Ordinance is the implementation of previous
Council direction, the additional text makes a second "first reading" (introduction) of the
Ordinance advisable.
CMR:503:03 Page 1 of 3
The Ordinance will return to the Council on November 24, 2003 for final adoption
(second reading). Because the Council received public testimony on the SOFA 2 CAP
Ordinance on October 20 and closed the hearing at that time, no additional public hearing
on this item is required.
DISCUSSION
The City Council directed that two changes be made to the CAP on October 20, 2003.
First, it directed that the half of the 801 Alma Street site not fronting on Homer Avenue
be exempt from the Homer/Emerson Corridor use protection provisions. It also requested
that staff return with Coordinated Area Plan language requiring provision of open space.
The Plan language for both changes is included in Attachment B, and the open space
provisions are discussed below.
Public and Private Open Space
The proposed revised text is shown in Attachment A. The Definitions section, Appendix
C-l, includes definitions for two new types of private open space, the "French balcony"
and the "loggia". These are New Urbanist concepts that offer advantages over standard
balcony design. A French balcony is a very narrow balcony accessed by double inward-
swinging doors, and a loggia is an open area inset into the building massing and open on
one side. Both French balconies and loggias are considered to be more compatible with
the massing of urban residential architecture than typical open balconies cantilevered
from the face of the building, and both are adaptable to any architectural style. In
addition, a French balcony occupies minimal site area.
The revised text proposed by staff for Development Standard 5.030(j) would require
some private useable open space for each unit as well as common useable open space.
With the inclusion of the French balcony as an option for private useable open space,
even a site with space constraints would be able to provide this type of private open space
for each dwelling unit without reducing the area available for interior space or for
con~’non open space.
New performance standards have been developed for private useable open space in
Section 5.050(k), and for common useable open space in Section 5.505(1). The common
useable open space standards include the Council’s direction that shared space will be
suitable for families with children. The private useable open space standards include an
exemption from FAR for up to 80 square feet per unit for a loggia. Since the loggia is
covered and may have walls on three sides it would be included in FAR calculations; this
CMR:503:03 Page 2 of 3
exemption allows a project to include loggias without having this count against the total
allowed FAR.
ATTACHMENTS
A:Open Space Plan Language
B:Code implementing October 20, 2003 Council direction
C:Ordinance adopting South of Forest Coordinated Area Plan, Phase 2 (with South
of Forest Area, Phase 2 Coordinated Area Plan as Exhibit A) - (Council members
only)
PREPARED BY: ~’2~.~,,X.~.~
VIR(~NIA WARHEIT
Senior Planner
ABENDSCHEIN
Specialist
DEPARTMENT HEAD REVIEW:
ST~EVE
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:503:03 Page 3 of 3
Attachment A
OPEN SPACE SOFA 2 CAP LANGUAGE
DEFINITIONS
Appendix C-1
(a) "Balcony" and "French Balcony".
A balcony is an unenclosed, habitable
structure, usually cantilevered from a fagade
or an elevation, providing private outdoor
space to a dwelling unit. A French balcony is
a shallow balcony, almost flush with a facade,
accessed by a single pair of inward-swinNng
doors.
DEVELOPMENT STANDARDS
Appendix C-1
(j) ’%oggia".
A logNa is an open-air room within the mass of
a building with ceiling and floor but open on at
least one side.
PERFORMANCE STANDARDS
5.050 (k) Private Useable Open Space.
Residential and Mixed Use development shall
provide useable private open space in a yard,
patio, porch, deck, balcony, French balcony or
logNa for each dwelling unit. The type and
design of the useable private open space shall
be appropriate to the architectural character of
the building, and shall consider dimensions,
solar access, wind protection, views and
privacy. Notwithstanding PAMC Section
18.04.030 (65)(A), up to 80 square feet per
dwelling unit of covered, partially enclosed
private useable open space such as a logNa
shall be excluded from gross floor area.
5.050 (1) Common Useable Open Space.
Residential and Mixed Use development in the
RT-35 and RT-50 zones shall provide common
useable open space. The design of the common
useable open space shall be suitable for a variety
of user groups, including families with children.
The common useable open space shall be
intentionally designed for the use and enjoyment
of the residents and as an integrated composition
with the building, with particular attention to
solar access, protection from wind, visibility
both into and from the area, quality and
durability of paving and furnishings, and use of
appropriate and attractive plant materials.
5.030(j) Public and Private Open Space for Residences
All new residential or mixed-use projects shall provide usable private open space for each unit
and significant usable shared open space. The adequacy of the open space for the residents of the
building shall be reviewed as part of architectural review. See Performance Standards, Section
5.050 (k) and (1), for design requirements of private mad common useable open space.
Chapter V
Development Standards
Attachment B
5.020
Land Uses
(4)In the case of a lot merger, the resulting parhel is subject to the five-thousand-gross-
square-foot limit set forth in subsections one and two.
(c)Protection of Specific Uses
(1)For sites in the Homer/Emerson Corridor (as defined in Appendix C-1) located in
the RT-35 or RT-50 districts, medical, professional, administrative, and general
business offices may not be located on the ground floor of a building unless such
offices:
(a)have been continuously in existence in that space since March 19, 2001, and,
as of that date, were neither non-conforming nor in the process of being
amortized pursuant to PAMC Chapter 18.95;
occupy a space that was not occupied by retail services, eating and drinking
services, personal services, or automotive services on March 19, 2001 or
thereafter;
(2)
(c)
(D)
(E)
occupy a space that was vacant on March 19, 2001;
are located in new or remodeled ground floor areas built on or after March 19,
2001 if the ground floor area devoted to retail services, eating and drinking
services, personal services, and automobile services does not decrease;
are located in the half of the site furthest from Homer Avenue. for the site at
801 Alma Street; or
are located in commercial space constructed under a building permit issued in
reliance on Section 8 of Ordinance 4730 (which defines commercial space for
which an ARB approval had been granted prior to March 19, 2001 as "space
not occupied by retail, personal services, eating and drinking services,
housing, or automotive services").
For all sites outside of the Homer/Emerson Corridor, in the RT-35 or RT-50
districts; housing on the ground floor may not be replaced by office uses.
Commercial Hours of Operation
Non-residential uses with hours of operation between 11:00 p.m. and 6:00 a.m. require a
Conditional Use Permit.
6030014 jea 43 November 04, 2003
Chapter V
Development Standards
5.030
Development Standards
(i)Light Sources
Interior and exterior light sources shall be shielded in such a manner as to prevent visibility
of the light sources and to eliminate glare and light spillover beyond the perimeter of the
development.
(j)Prohibition of Nuisance
All uses, whether permitted or conditional, shall be conducted in such a mariner as to
preclude any nuisance, hazard, or commonly rec%onized offensive conditions or
characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors,
vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat,
cold, glare, or night illumination. Prior to issuance of a building permit or occupancy
permit, or at any other time, the chief building official may require evidence that adequate
controls, measures, or devices have been provided to insure and protect the public interest,
health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or
offensive condition.
(k)Private Useable Open Space
Residential and Mixed Use development shall provide useable private open space in a
yard, patio, porch, deck. balcony, French balcony or log,~ia for each dwelling unit. The
type and design of the useable private open space shall be appropriate to the architectural
character of the building, and shall consider dimensions, solar access, wind protection.
views and privacy. Notwithstandin~ PAMC Section 18.04.030 (65)(A). up to 80 square
feet per dwelling unit of covered, partially enclosed private useable open space such as a
loggia shall be excluded from gross floor area.
Common Useable Open Space
Residential and Mixed Use development in the RT-35 and RT-50 zones shall provide
common useable open space. The design of the common useable open space shall be
suitable for a varie _ty of user _groups, including families with children. The common
useable open space shall be intentionally designed for the use and eniownent of the
residents and as an intearated composition with the building, with particular attention to
solar access, protection from wind. visibili _ty both into and from the area. qualiW and
durabili _ty of paving and furnishings, and use of appropriate and attractive plant materials.
6030014jea 53 November 04, 2003
Appendix C-1 SOFA 2 Specific Definitions
APPENDIX C DEFINITIONS
Appendix C-1 contains definitions specific to this Coordinated Area Plan. In addition, the
definitions contained in Palo Alto Municipal Code Chapter 18.04, as amended from time to
time, shall apply to this Coordinated Area Plan. Chapter 18.04 is included in Appendix C-2 as
a reference only. Where a definition in Appendix C-1 conflicts with a definition in Title 18,
Appendix C-1 shall prevail.
Appendix C-1 SOFA 2 Specific Definitions
The following definitions shall apply for the purposes of the Coordinated Area Plan:
(a)"Balcony"
A balcony is an unenclosed, habitable structure, usually cantilevered from a facade or an
elevation, providin~ private outdoor space to a dwelling unit. Also see "French Balcony"
"BMR Unit" shall mean a housing unit that, if for-sale, has an initial sales price that is
consistent with what a household malting 80 to 100 percent of the Santa Clara County
median income can afford in housing expenses, such as mortgage payment, taxes,
insurance, and association dues. If the unit is for rent, a BIvIR unit is a housing unit that
has an initia! rent equivalent to the HUD Section 8 (or its successor program) Fair Market
Rent, adjusted annually by not more than one-third of the Consumer Price Index or other
comparable formula agreed to by the city.
(c)"Below Market Rate Housing Program" or "BMR Housing Program"
"Below Market Rate Housing Program" or "BMR Housing Program" means the program
requiring provision of affordable housing under certain circumstances, described in the
Housing Element of the Palo Alto Comprehensive Plan, as amended from time to time, and
including any ordinance implementing that Comprehensive Plan program, if such an
ordinance is adopted by the City Council in the future.
(d)"California Register"
"California Register" means the historic register established by California Public
Resources Code Section 5024.1, as amended.
(e)"Director"
"Director" means the Director of planning and community environment or his or her
designee.
(f)"Downtown Monitoring Cap"
"Downtown Monitoring Cap" means the University Ave/Downtown!South of Forest Area
(SOFA) Commercial Growth Monitoring Area outlined by the 1989 Palo Alto Citywide
Land Use and Transportation Study and discussed in 1998-2010 Palo Alto Comprehensive
Plan Program L-8.
6030006 jea November 04, 2003
Appendix C-1 SOFA 2 Specific Definitions
(g)"Exclusively Rental Residential Project"
"Exclusively Rental Residential Project" means a project in which all residential units on
the site are rental units, and which contains no commercial space other than space
accessory to the rental residential use.
(h)"French Balcony"
A French balcony is a shallow balcony, almost flush with a facade, accessed by a single
pair ofinward-swin~ng doors. Also see "Balcony".
(i)"Homer/Emerson Corridor"
"Homer/Emerson Corridor" means all sites bordering Homer Avenue between Alma Street
and Ramona Street and!or Emerson Street between Forest Avenue and Channing Street.
"Loggia"
A loggia is an open-air room within the mass of a building with a ceiling and a floor but
open to the outside on at least one side.
(k)"National Register"
"National Register" means the historic register established by the National Historic
Preservation Act of 1966 (16 USC 470), as amended.
(1)"Non-conforming Use"
A "Non-conforming use" is one that was lawfully in existence on [the effective date of the
CAP], but which is not permitted, either as of right, or conditionally, under the CAP. A
non-conforming use includes one that is permitted in SOFA 2, either as of right, or
conditionally, but (i) exceeds the size permitted on the site under the CAP or (ii) is located
in an area, such as a street-facing ground floor, where such a use is not allowed under the
CAP.
(In)"Non-complying facility"
A "Non-complying facility" means a structure or building that was lawfully in existence
under its zoning classification prior to [the effective date of the CAP], but which violates
one or more provisions of Chapter 5 of the CAP.
(n) "PAMC"
"PAMC" means the Palo Alto Municipal Code
(o)"Secretary of the Interior Standards"
"Secretary of the Interior Standards" means the Secretary of the United States Department
of the Interior’s Standards for Rehabilitation of Historic Buildings, issued by the National
Park Service (36 Code of Federal Regulations Part 67), together with the accompanying
interpretive Guidelines for Rehabilitating Historic Buildings, as they may be amended
from time to time.
(p)"Senior Housing"
"Senior Housing" means housing that incorporates facilities and services to meet the health
care, transit, or social service needs of seniors and qualifies as senior housing under state or
6030006 jea November 04, 2003
Appendix C-1 SOFA 2 Specific Definitions
federal law. Meeting the housing needs of seniors may require selecting sites near
shopping areas, social activities, medical services, and transit lines.
(q)"Social Service Uses"
(r)
(s)
"Social Service Uses" means services provided by private nonprofit or public agencies
including but not limited to child care, family support services, services for youth, seniors,
and persons with disabilities, and services addressing the needs of the unhoused.
"SOFA 2 Historic Resources"
"SOFA 2 Historic Resources" means those buildings and sites on the SOFA 2 Historic
Resource List as changed from time to time in accordance with the procedures in this CAP.
"SRO Housing"
"SRO Housing", or "Single-Room Occupancy housing", shall mean a hotel or residential
structure that provides short-term and transitional housing. Units may or may not have
kitchens or bathrooms within each individual unit.
6030006 jea November 04, 2003
NOT YET APPROVED
Attachment C
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING THE SOUTH OF FOREST AREA COORDINATED AREA
PLAN, PHASE 2 AND AMENDING SECTION 18.08.040 OF
THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO
CHANGE THE CLASSIFICATION OF CERTAIN PROPERTIES
GENERALLY BOUNDED BY FOREST AVENUE, RAMONA STREET,
ADDISON AVENUE, AND ALMA STREET TO SOUTH OF FOREST
AREA, PHASE 2 DISTRICTS
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. The City Council finds as follows:
A. Coordinated Area Plans (~CAPs") are intended to be
used to facilitate neighborhood based planning for the use and re-
use of land and buildings. The purposes of a CAP are described by
Palo Alto Municipal Code section 19.10.010 as follows:
(a) To create enhanced opportunities for building a
sense of community through public involvement in planning processes
which are designed not only to satisfy constitutional due process
requirements, but also to provide residents, and business and
property owners with early, meaningful opportunities to help shape
the physical components of their neighborhoods and community.
(b) To emphasize and enhance architectural qualities,
public improvements, and site design by providing a graphic, visual
linkage between policies and programs established in the
Comprehensive Plan and specific development entitlements and public
improvements.
(c) To facilitate physical change by each of the
following methods:
(!) Accelerating and coordinating the planning
process within selected areas so that private development and re-
use can proceed under streamlined City review processes.
(2) Encouraging rational private investment by
providing specific, dependable information about the design
requirements, deve!opment standards, and uses al!owed on a
particular site.
031105 s)n 0091146
NOT YET APPROVED
(3) Analyzing and considering the economic
environment so that the planning process works in conjunction with
the marketplace, rather than independent of it.
(4) Coordinating and timing public infrastructure
investment to facilitate desirable private land uses.
(d) To assure Palo Alto’s environmental quality by
using the Comprehensive Plan Environmental Impact Report to focus
environmenta! review on area and site-specific issues and changed
circumstances.
(e) To facilitate orderly and
implementation of the City’s Comprehensive Plan.
consistent
B. The City Council has conducted a public hearing on the
South of Forest Area, Phase 2 (~SOFA 2") Coordinated Area Plan
"CAP" ) .
C. The City Council has reviewed and considered the
information contained in the SOFA CAP Final Environmental Impact
Report, and the Addendum to it, and has certified the adequacy of
the environmental review and has made findings upon the significant
environmental impacts identified in the EIR.
D. The City Council finds and determines that the SOFA 2
CAP is consistent with the Comprehensive Plan of the City of Palo
Alto, as amended. The City Council has specifically considered the
regional welfare and the impacts of the development agreement upon
the regional welfare. The City Counci! finds and determines that
the benefits of the project set forth in the EIR and CAP establish
the reasonable relationship of the project to the regional welfare.
E. The City Council has specifically considered and
hereby approves integration of the SOFA 2 CAP with the City’s
Capita! Improvement Program in order to assure timely
implementation of the public improvements set forth in the CAP.
F. The City Counci! has specifica!ly considered the
economic and fiscal feasibility of the SOFA 2 CAP in light of
market place factors and incentives and disincentives to the
desired development product, as well as a cost-benefit analysis of
the public infrastructure investments and projected economic
benefits to the city and community, and hereby finds and determines
as follows:
The proposed development is economically
feasible under current market conditions;
031105 s}n 0091146
2
(2)
NOT YET APPROVED
The development intensity proposed is warranted
by the area’s close proximity to both transit
and neighborhood and downtown retail services,
and to existing single and multiple family
development; and
(3)The public infrastructure investment of
approximately $!0,000,000 in Phase 1 of the CAP
resulted in the City acquiring a total of 2.41
acres of land and the historic Roth building for
park, affordable housing and public facility
purposes. This public investment was warranted
by the City’s need for affordable housing and
parkland. In addition, 1.5 acres of the 2.41
total were dedicated without cost to the City.
Public infrastructure planned for the Phase 2
area includes the Homer Avenue pedestrian/
bicycle undercrossing and street improvements.
The public infrastructure investment will total
approximately $3,200,000, most of which wil! be
reimbursed through grants from various sources.
G. The City Council hereby finds that the adoption of the
SOFA 2 CAP wil! serve the public interest, health, safety and
general welfare.
SECTION 2. The SOFA 2 CAP shall be deemed to include the
following documents:
South of Forest Area Coordinated Area Plan, Phase 2
attached as Exhibit "B;"
The environmental mitigation measures identified in
the accompanying "Resolution of the Council of the
City of Pa!o Alto Certifying the Adequacy of the South
of Forest Area Coordinated Area Plan Fina! EIR as the
Environmental Document for the SOFA 2 Coordinated Area
Plan and Making Findings Thereon Pursuant to the
California Environmenta! Quality Act," each of which
has been incorporated into Exhibit ~B"; and
Co This Ordinance Adopting the South of Forest Area,
Phase 2 Coordinated Area Plan;
SECTION 3. The City Council hereby adopts the SOFA 2 CAP
as the coordinated area plan and zoning regulations for SOFA 2.
SECTION 4. Section 18.08.040 of the Palo Alto Municipal
Code, the "Zoning Map," is hereby amended by changing the zoning of
031105 s~n 0091146
3
NOT YET APPROVED
that area property shown on the map labeled Exhibit ~A," attached
to this ordinance and by this reference made part of it, to
SOFA 2 CAP, and more particularly to its districts, SOFA R-2, SOFA
RM-15, SOFA RM-30, Residential Transition RT-35 and Residentia!
Transition RT-50. Planned Community Districts 2697, 3707, 4283,
and 4389 remain in effect, subject to the additional requirements
of the SOFA CAP, Phase 2.
SECTION 4. This ordinance shal! be effective upon the
thirty-first (31s~) day after its passage and adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Mayor
City Manager
City Attorney Director of Planning and
Community. Environment
031105 s}n 0091146
EXHIBIT A
South of Forest Area
District Map
NOT YET APPROVED
EXHIBIT B
SOUTH OF FOREST AREA COORDINATED AREA PLAN, PHASE 2
031105 s)n 0091146
5