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HomeMy WebLinkAbout2002-01-28 City Council (9)City of Palo Alto City Manager’s Report 5 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: JANUARY 28, 2002 CMR:135:02 3924 EL CAMINO REAL [01-AP-07]: APPEAL OF THE DIRECTOR OF PLANNING AND COMMUNITY ENVIRONMENT’S APPROVAL,AFTER REVIEW AND RECOMMENDATION BY THE ARCHITECTURAL REVIEW BOARD (ARB), OF AN ARB APPLICATION [01-ARB-03] TO ALLOW FACADE UPGRADES AND LANDSCAPING IMPROVEMENTS TO TWO EXISTING ONE-STORY BUILDINGS. PROJECT WITHI)RAWN~ APPEAL TERMINATED The applicant, Premier Properties, has submitted a letter withdrawing the approval for the project at 3924 E1 Camino Real that was the subject of the appeal of the action by Director of Planning and Community Environment. The appeal is therefore moot and will not be heard. A copy of the letter withdrawing the project is attached. Without the ARB approval, the applicant may only complete improvements to the structures that require only building permits consistent with Palo Alto Municipal Code (PAMC) Section 18.94.090, Noncomplying Facility -- Maintenance and Repair. Because the applicant has withdrawn the project, and there is no appeal, the City Council cannot take testimony on the item. However, in the context of the appeal that was filed before the project was withdrawn, several issues not specific to this project were raised by residents concerning the private alley behind the project, which may be addressed by the community under Council Oral Communications. The staff will continue to work with the neighborhood regarding issues such as access, truck deliveries and noise. In addition, staff has identified two PAMC items that will be addressed. The first is codifying the public noticing procedure for ARB decisions made by the Director. Currently, the code does not require any type of noticing for decisions except to the applicant. Staff will be recommending to City Council an amendment to the PAMC that requires formal posting of the decisions. This amendment will be brought to the City CMR:135:02 Page 1 of 2 Council within the next ninety days. In the meantime, the staff is instituting this practice immediately for all ARB projects. The location for posting notices will be listed on the ARB agendas. The second item that had surfaced with this project review was with respect to commercial uses open for 24 hours, specifically adjacent to residential neighborhoods. Currently, there are no restrictions on hours of operation for commercial uses open for 24 hours. The only control available to the City is when a Conditional Use Permit is required for some other reason. Staff is recommending that this issue be addressed with the Zoning Code Update. PREPARED BY: Advance Planning Manager DEPARTMENT HEAD APPROVAL: LES WHITE Interim Director, Department of Planning and Community Environment CITY MANAGER APPROVAL: Assistant City Manager. Attachment cc:Appellant Applicant CMR:135:02 Page 2 of 2 January 17, 2002 PREMIER PROPERTIES MANAGEMENT John Lusardi Manager, Current Planning City of Palo alto 250 Hamilton Ave., 5th Floor Palo Alto, CA 94301 Re: 3924 El Camino: Withdrawal of ARB Application Dear John: The purpose of this letter is to formally request withdrawal of ARB Application #01-ARB- 03 which has been appealed to the City Council. We understand that withdrawal of our application means that we may not proceed with any items of construction that would require ARB approval with respect to either of the buildings at 3924 El Camino. We will eliminate the carport and restore a garage in the "alleyhouse" residence. Repair of broken or removed windows and doors and roof elements will be allowed as will interior work not subject to ARB review. We will modify the current building permit for the alley house residence to accomplish these changes. As for the "roadhouse" commercial building, we will submit a permit for the repair and restoration of the exterior elements of the building to original condition. We may also perform interior improvements which are not subject to ARB review. We have met with the Public Works Department and understand the constraints imposed by FEMA with respect to flood plain matters. We will be in compliance with the applicable requirements for our project. We understand that if we choose to make exterior modifications that require ARB review that a new ARB application will become necessary. Please call me if you have any questions. Sincerely yours, Ja E. Baer 172 University Avenue, Palo Alto, California 94301 .;o 650 325-7787 Fax 650 325-436a