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HomeMy WebLinkAbout2001-01-16 City Council (11)TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL 9 FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: JANUARY 16, 2001 CMR:107:01 INTERIM ZONING REGULATIONS TO PRESERVE AND ENCOURAGE NEIGHBORHOOD SERVING USES IN GROUND FLOOR LOCATIONS IN THE NEIGHBORHOOD COMMERCIAL (CN) DISTRICT AT 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 approve, with a four fifths vote, the attached interim ordinances modifying the Neighborhood Commercial (CN) zoning districts for the Charleston Center and Midtown Shopping District (see Attachments A and B, respectively). Maps of each area are included as Exhibits to the ordinances. The approach used in each of the two neighborhood commercial areas is different and reflects the unique character and uses in each area as well as input from the property and business owner meetings held in mid-December 2000. Recommendations for Charleston Center Ground Floor Spaces: 1,) 2) Limit office use to 7,500 square feet (approximately 15 percent) of the total built square footage of the Center; Limit an individual office to 2,500 square feet per office space, with allowances for larger offices with approval of a Conditional Use Permit (CUP), but in no event allow the total percentage of office space to exceed 7,500 square feet; CMR:I07:01 Page 1 of 9 5) Limit office use to medical offices and neighborhood serving professional offices, travel, agencies and insurance agencies; Clarify the existing prohibition on residential uses, and maintain all other permitted and conditionally permitted uses in the district as currently regulated; and Require new ground floor office use to verify that it is neighborhood serving. Recommendations for Midtown Shopping District Ground Floor Spaces: 1) 2) 3) 4) 5) Create ground floor restrictions for the entire area that is zoned CN to regulate existing and new office uses; Limit ground floor office use to medical offices and neighborhood-serving professional offices, travel agencies and insurance agencies; Regulate ground floor office use by location, which requires all new offices to obtain Conditional Use Permits except for existing office conversions on side streets (Moreno, Bryson, and Colorado); Clarify the existing prohibition on residential uses and maintain all other permitted and conditionally permitted uses within the district as currently regulated; and Require new ground floor office use to verify that it is neighborhood serving. BACKGROUND On November 20, 2000, staff presented a recommendation to City Council to develop an interim ordinance which would potentially amend, the Palo Alto Municipal Code (PAMC) to protect ground floor retail in five business districts in Palo Alto, aider conducting property and business owner outreach. The five districts were CharlestonCenter, Midtown, Downtown, California Avenue, and selected Commercial Neighborhood (CN) districts on the E1 Camino Real. City Council directed staff to return on January 16, 2000 with a recommendation for an interim ordinance for two of the. areas, Charleston Center and Midtown. Council indicated that the erosion of the retail base was more threatened in the first two areas and a shorter timeline for a potential interim solution was appropriate in Charleston Center and Midtown. In the remaining business districts, staff will conduct business and property owner outreach meetings in mid to late January and return to City Council with a recommendation for an interim ordinance in April 2000. The ordinances adopted by the City Council in January and .April will be interim ordinances that, if extended, can be in effect for as long as 22 months. Staff is recommending the .interim ordinance approach so that the issue of retaining neighborhood-serving uses can be addressed immediately and so that the final solution(s) CMR:107:01 Page 2 of 9 can be included in the zoning ordinance update that will be completed in approximately two years. Business and property owner outreach meetings for Charleston Center and Midtown were held on December 13 and 14, 2000. Affected businesses and landlords participated in meetings held in each district to learn about a proposed ordinance. Attached to this report is a synopsis of each meeting and a list of participants (see Attachment C). .The approaches presented in this staff report reflect the input received at the business and property owner.meetings. DISCUSSION At the November 20, 2000 meeting, the City Council. indicated that it was interested in definitions of neighborhood centers and neighborhood serving uses. The City of Palo Alto Comprehensive Plan defines a "Neighborhood Center" as: "A small retail center with primary trade area limited to the immediately surrounding area; often anchored by a grocery or drug store and may include a variety of smaller retail shops and offices oriented to the everyday needs of surrounding residents. Also called a "Neighborhood Shopping Center." The Zoning Ordinance states that the specific purpose of the Neighborhood Commercial (CN) zone, which is the zoning district that corresponds to the land use designation of Neighborhood Center, is to "Create. and maintain neighborhood shopping areas primarily accommodating offices, personal services, and retail sales uses of moderate size serving the immediate neighborhood, under regulations that will assure maximum compatibility with surrounding residential areas." Various types of retail and neighborhood serving uses are listed in the zoning ordinance as being permitted while others are conditionally permitted. Although neither the Comprehensive Plan nor the Zoning Ordinance includes a complete definition of neighborhood serving uses, staff has drafted the following definition based on applicable statements found in both documents and based on practical experience: "Uses of moderate size that primarily serve individual consumers and households, not businesses, that are generally pedestrian-oriented in design and that do not generate noise, fumes or truck traffic greater than typically expected for uses with a local customer base. Neighborhood serving uses CMR:107:01 Page 3 of 9 are thoseto which a significant number of customers or clients travel rather than the provider of the goods or services travelling off-site." This definition would assist in determining whether or not a particular .office use would meet the required findings for approval of use permits as discussed below. Although both the Charleston Center and Midtown Shopping District are neighborhood centers and have the same neighborhood commercial zoning, there are differences between them that have led to recommendations that address the unique character of each area. Each area and the accompanying recommendations are presented below. Charleston Center Staff is recommending three types of restrictions for Charleston Center: overall maximum percentage of office square footage; size restrictions for individual office uses; and type-of-office restrictions. charleston Center is an "L" shaped center with .approximately 50,000 square feet of built area: Parking is located immediately adjacent to Middlefield Road in front of the buildings. The entire center is located on two parcels, which are under the same ownership. Because one owner controls this center it is possible to regulate the amount of office space with a maximum percentage of the total built area. Establishing a maximum of 15 percent of the currently built square footage, or approximately 7,500 square feet, for office use would ensure that the majority of the center remains neighborhood serving.i In addition to the 15 percent maximum, each office use would be limited to 2,500 square. feet each. If additional square footage for an individua! office tenant were desired, a CUP would be required. In no event, could the total square footage of office use exceed 15 percent of the total square footage that exists today. Three findings would have to be made by the Director of Planning and Community EnvirOnment to be able to approve a CUP for an office over 2,500 square feet in size. Conditional Use Permit Findings: In most zoning districts of the City, a Conditional Use Permit can not be granted unless the following two findings can be made: o The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and The proposed use will be located and conducted in a manner in accord with the Palo Alto comprehensive plan and the purposes of this title (Title 18, Zoning, of the Palo Alto Municipal Code). CMR: 107:01 Page 4 of 9 Staff is recommending that a third finding be added to the CUP required for neighborhood-serving-office uses in excess of 2,500 square feet in Charleston Center. The third finding could be: The proposed use will be conducted in a manner that will enhance and strengthen the center as a neighborhood resource, will be neighborhood serving and will not diminish the retail strengtti of the Center. The third finding would only be. required for approval of conditional use permits for neighborhood-serving medical and professional offices and insurance agencies and travel agencies over 2,500 square feet in size and would not be required for the other conditionally permitted uses in the CN zone, as listed in Section 18.41.040 of the Municipal Codel Restrictions on Type of Allowed Office Use: In addition to the total percentage maximum and the individual size requirements, there would be restrictions on the type of offices that could locate within the Center. Only those office uses that are neighborhood serving could locate within the Center. Using the definition of neighborhood serving above, staff recommends that the following types of office use be permitted within this Center: professional; medical (including dental); insurance agencies; and travel agencies. The category of "professional" office would include law; architecture; advertising; design; engineering; accounting; and similar professions. New general business offices would not be allowed, with the exception of insurance and travel agencies. New administrative offices would not be allowed at all. Existing non-neighborhood-serving office uses on the ground floor could remain as "grandfathered" uses and someone with an established grandfathered office use could sell the business or practice. All applicants requesting a new professional office use or a new travel agency or insurance agency use would be required to provide written verification that the use meets the definition of neighborhood serving as discussed above. The written verification would be submitted to the Director of Planning and Community Environment for final determination. The Director’s determination would be provided in writing within thirty days of submittalof the written documentation from the applicant. Medical office uses would be exempt from providing this verification and would always be considered neighborhood-serving. ~ The non-office uses that would continue to be allowed include those currently listed in Chapter 18.41, CN Neighborhood Commercial District Regulations, of the Municipal Code, with the exception of residential use and its associated uses of large and small day CMR:107:01 Page 5 of 9 care homes and residential care homes, home occupations, and lodging. Residential use and its associated~uses are prohibited in Charleston Center by Section 18.41.030 of the Municipal Code.~Size regulations as specified in Section 18.41.050(k) for all permitted uses would continue to apply as would all other site development, parking and special requirements of Chapter 18.41. Midtown Shopping District Staff is recommending a different set of restrictions for the Midtown Shopping District since it is divided into many different parcels and is not under one ownership. The five major types of restrictions for the area are as follows: ground floor restrictions for the entire area as shown on Map B, but the main street (Middlefield Road) is treated differently than the side streets (Moreno, Bryson and Colorado); any use on the main street that wants to change to a neighborhood-serving office use would be required to .obtain a conditional use permit; only neighborhood serving office uses such as defined above for the Charleston Center would be considered as part of the use permit process; any non-office use on the side streets that wants to change to office use would be required to obtain a CLIP; and any office use on the side streets existing on January 16, 2001 that wants to remain in the same type of office use or convert to another type of neighborhood-serving office usemay do so without a CUP. Existing non-neighborhood-serving office uses on the ground floor could remain as "grandfathered" uses and someone with an established grandfathered office use could sell the business or practice and would not be required toobtain a CUP. The same three CUP findings as listed above in the Charleston Center discussion would be required for the Midtown Shopping District in those instances when a CUP. is required. All applicants requesting a new professional office use or a new travel agency or insurance agency use would be required to provide written verification that the use meets the definition of neighborhood serving as discussed above. The written verification would be submitted to the Director of Planning and Community Environment for final determination. The Director’s determination would be provided in writing within thirty days of submittal of the written documentation from the applicant. Medical office uses would be exempt from providing this verification and would always be considered neighborhood-serving. New administrative offices and new general business offices, with the exception of insurance and travel agencies, would not be allowed. The non-office uses that would continue to be allowed include those currently listed in Chapter 18.41, CN Neighborhood Commercial District Regulations, of the Municipal Code, with the exception of residential use and its associated uses of large and small day care homes and residential CMR: 107:01 Page 6 of 9 care homes, home occupations, and lodging. Residential use and its associated uses are prohibited in the Midtown Shopping District by Section 18.41.030 of the Municipal Code. Size regulations as specified in Section 18.41.050(k) for.all permitted uses would continue to apply as would all other site development, parking and special requirements of Chapter 18.41. _ _ RESOURCE IMPACT Existing Planning Division staffhas been reassigned to develop proposed PAMC changes r.egarding the Midtown Shopping District and Charleston Center. The same staff will be a~signed to continue the evaluation needed along E1 Camino Real, Downtown and California Avenue. As previously estimated in the November 20, 2000 staff report, the total number of hours required to complete the assignment will be between 170 and 225. Approximately 85 hours have been expended to date on meetings, graphics, mailing lists, public notices and staff reports. Approximately 25 to 30 hours per year will be required to monitor the percentage of office use in Charleston Center. A baseline will need to be established and then monitored annually to ensure that the 15 percent maximum is not exceeded. The Economic Resources Planning staff will coordinate the monitoring with assistance from Planning Division staff. Another 25 to 30 hours per year will also be required to monitor the change of uses in the Midtown shopping district. A baseline of existing uses will need to be established in the area and then an annual survey would be conducted to identify changes that have been made and whether or not use permits have been issued when needed. This monitoring effort would be greatly assisted by the establishment of a business license or business registry within Palo Alto. The monitoring could then occur prior to uses actually changing and would help prevent the need for code enforcement action if uses change without the benefit of an approved CUP. Approximately 50 to 60 hours total would be required each year to monitor both areas. The Economic Resources Planning staff would be responsible for the monitoring and would be assisted by the Planning Division staff. POLICY IMPLICATIONS As stated in the November 20, 2000 City Manager’s Report (CMR:424:00), there are many policies in the Comprehensive Plan that support strengthening and enhancing Palo Alto’z, neighborhoods and shopping centers. These include: Policy L-4, Program L-6, Program.L-9, Policy L-11, Policy L-20, Policy L-37, Program L-36, Policy L-40, and Policies B-4 through 7 (see Attachment D, November 20, 2000 CMR:424:00 for more detailed wording of the policies and programs). CMR: 107:01 Page 7 of 9 TIME LINE If adopted, the interim ordinance will be in effect for 45 days. ¯ Before the end of the 45- day period (no later than the February 26, 2000 City Council meeting), the City Council may adopt the interim ordinance by a 4/5 vote for an additional 22 months and 15 days. By the time that the interim ordinance expires, the City’s Zoning Ordinance Update should be complete and will replace the interim ordinance enacted by City Council. 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) B) c) D) Proposed Interim Ordinance for Charleston Center (with map) Proposed Interim Ordinance for Midtown Shopping District (with map) Meeting notes of the December 13 and 14, 2000 property and business owner meetings ClVIR:424:00, November 20, 2000 Prepared by: Lisa Grote, Chief Planning Official Susan Arpan, Manager, Economic Resources Planning DEPARTMENT HEAD REVIEW: G. EDWARD GAWF ¯ !~ Director of Planning and Community Environment CITY MANAGER APPROVAL: E1v~’L’~ ~SON Assistant City Manager Steve Quadro, Piazza’s Fine Foods, 3962 Middlefield Road, Palo Alto, CA 94303 Fred Alami, Charleston Cleaners, 3900 Middlefield Road, Palo Alto, CA 94303 Rick. Stem, Palo Alto Chamber of Commerce, 638 Middlefield Road, Palo Alto, CA 94302 Jerry Benton, Palo Alto Orthopedic Co., 3910 Middlefield Road, Palo Alto, CA 94303 CMR:107:01 . Page 8 of 9 Mark Sobin, Palo Alto Chamber of Commerce, 4274 Wilkie Way, Palo Alto, CA 94301 Hal Mickelson, P.O. Box 20062, Stanford, CA 94309 Matt Taylor, Knowhere .Store, 2741 Middlefield Road, Palo Alto, CA 94303 Russ White, Yolke Corp.~ 2741 Middlefield Road, Palo Alto, CA 94303 Mike Haley, 1579 Avalon Drive, Los Altos, CA 94222 David Lee, University Florist/Midtown Photo, 2717 Middlefield Road, Palo Alto, CA 94303 Sarah Tull, 711 Colorado Avenue, Palo Alto, CA 94303 Roger Kohler, 721 Colorado Avenue, Palo Alto, CA 94303 Babak Kahrobaie, Gate Cleaners, 2576 Middlefield Road, Palo Alto, CA 94303 Linda Jensen, WinterLodge, 3009 Middlefield Road, Palo Alto, CA 94303 Tony Carrasco, 120 Hamilton Avenue, Palo Alto, CA 94301 Sandy Destro, 2635 Middlefield Road, Palo Alto, CA 94306 JeffDeaton, 2600 E1 Camino Real, #100, Palo Alto, CA 94306 Annette Ashton, 2747 Bryant Street, Palo Alto, CA 94306 Myllicent Hamilton 4014 Ben Lomond, Palo Alto, CA 94302 Charles G. Osborne, 255 Edlee Court, Palo Alto, CA 94306 Karen White, 146 Walter Hayes Drive, Palo Alto, CA 94306 Marge Speidel, 3059 Louis Road, Palo Alto, CA 94303 Cornelia Pendleton, University Art, 267 Hamilton Avenue, Palo Alto, CA 94301 Lynn Chiapella, 631 Colorado Avenue, Palo Alto, CA 94306 Brenda Ross, 1521 Escobita Avenue, Palo Alto, CA 94301 Ronna Devincenzi, 2600 E1 Camino Real #100, Palo Alto, CA 94306 Pria Graves, 2130 Yale Street, Palo Alto, CA 94301 Debbie Mytels, 2824 Louis Road, Palo Alto, cA 94303 Will Beckett, 4189 Baker Avenue, Palo Alto, CA 94306 CMR:107:01 Page 9 of 9 Attachment A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF’THE CiTY OF PALO ALTO PRESERVING AND SUPPORTING NEIGHBORHOOD-SERVING USES IN THE NEIGHBORHOOD COMMERCIAL (CN) DISTRICT AT CHARLESTON CENTER (PORTIONS OF THE 3900 BLOCK OF MIDDLEFIELD ROAD) ON AN INTERIM BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858 BY ADDING SECTION 18.41.035 TO THE PALO ALTO MUNICIPAL CODE TO TAKE EFFECT IMMEDIATELY TheCity Council of the City of Palo Altodoes ordain as follows: SECTION i. Findinqs. The Council finds and declares that: A.The City of Palo Alto reaffirmed in its Comprehensive Plan a goal of fostering "an enhanced sense of Community with development designed to foster public life andmeet City-wide needs." (Goal L-2, adopted July 1998). To implement that policy, the City adopted Policy L-10, "maintain a citywide structure of Residential Neighborhoods, Centers, and Employment Districts..." and Policy L-II, "promote increased compatibility, interdependence, and support between commercial and mixed use centers and the surrounding residential neighborhoods." B. Basic to the City’s land use pattern is the availability of shopping and services within walking distance of residential neighborhoods. (GoalsL-3 and L-4.) The Comprehensive Plan identifies four Neighborhood Centers: small retail centers with a primary trade area limited to the immediately surrounding area; often anchored by a grocery or drug store and may include a variety of smaller retail shops and offices oriented toward’ the everyday needs of surrounding residents (Comprehensive Plan, p. L-18.) C. A "neighborhood-serving use" is one that primarily serves individual consumers and households,, rather than other businesses; is generally pedestrian oriented in design, and does not generate noise, fumes or truck traffic greater than that typically expected for uses with a local customer base. A neighborhood-serving use is one to which a significant number of customers and clients travel, instead of the provider travelling off-site. 010112 syn 0090761 D. The City is experiencing an unprecedented sustained demand for office space from businesses which are not neighborhood- serving and instead primarily serve other businesses. The demand for office space comes, to a large extent, from the well-financed and often highly profitable businesses that typify the Silicon Valley. These enterprises are willing and. able to pay high rents to locate within the City’s residential areas. As a result, buildings which had been used for neighborhood-serving uses have been.removed from the. retail space market and converted to office, [’business to business" uses. This has led to a significant decrease in neighborhood-serving businesses in Neighborhood Centers. E.Charleston Center is a Neighborhood Center. It operates under the CN Neighborhood Commercial standards first adopted by the City in 1978. While the zone was intended to accommodate uses of a moderate size serving the immediate neighborhood, it was not at that time necessary to exclude non- neighborhood-serving uses in order to assure space for a variety of neighborhood-serving uses. It nowis. F. The Center consists of two parcels under a single ownership. It is an important neighborhood and city resources, containing an anchoring supermarket and a mix of associated uses, most if not all ofwhich are neighborhood-serving businesses. G. The Neighborhood Centers are relatively Small. Charleston Center has approximately 50,000 square feet of built area and serves a large residential area. The City has a number of other commercial districts zoned for businesses that are not neighborhood-serving. H. In response to the Comprehensive Plan and citizen’s concerns about replacement of neighborhood-serving uses with offices that do not serve the neighborhood, and in some cases do not serve consumers at all, and as part of the comprehensive update of the zoning ordinance, the City’s Department of Planning Community Environment is studying modification of CN standards to better implement the intent of. the Comprehensive Plan and the district itself. It is very likely that "neighborhood-serving" uses will be more fully defined and other uses limited in the CN District when the zoning ordinance update is completed. However, that comprehensive zoning ordinance update will not be completed within the next twelve months. I. It is necessary for the preservation of the public health and safety to enact an. interim ordinance pursuant to Government Code Section 65858 limiting non-neighborhood serving uses in the Charleston Center.CN district while the City completes its zoning ordinance update. If an interim ordinance is not 010112 syn 0090761 adopted, non-neighborhood serving uses may enter into long-term tenancies in the Center, limiting the ability of businesses to provide needed neighborhood-serving goods and services to City reslidents. This increases traffic congestion, exacerbates an already significant surplus of jobs over housing, and leads to a decline in quality of life. SECTION 2. Section 18.41.035 of Chapter 18.41 of the Palo Alto. Municipal Code is hereby added to read as follows: 18.41.035 Charleston Center Ground Floor Regulations. The regulations in this Section 18.41.035 apply to the ground floor of the Charleston Center as defined in section 18.41.030(k) and shown on Exhibit A attached. "Ground floor" shall mean the first floor which is above grade. (a) Permitted Uses. Notwithstanding the provisions of Sections 18.41.030, 18.41.050 and 18.94.030(b), only the following uses shall be permitted without a conditional use permit. (i) Accessory facilities and uses customarily incidental to permitted uses; (2)Animal care, but excluding boarding and kennels; Day care centers, (4) Eating and drinking services, except drive-in and take-out services; (f)Lodging; . ¯ (5)Medical offices ~ 2,500 square feet in total floor area. (6) Neiqhborhood-servinq offices that do not exceed 2,500 square feet in area. "Neiqhborhood-servin~ offices are professional office, travel a~encies, and insurance agencies that comply with the standards of Section 18.41.035(q) below. (7)Personal services; (8)Retail services, excluding liquor stores; 010112 SyT~ 0090761 (9) Reverse vending machines, subject to regulations established by Chapter 18.88 of this code; (I0) Neighborhood business services. Uses lawfully existing on January 16, 2001 may be continued as non- conforming uses but may only be replaced with uses permitted or conditionally permitted under this Section 18.41.035. (b) Conditionally Permitted Uses. The following uses may be conditionally allowed, subject to issuance of a conditional use permit in accord with Chapter 18.90: Ambulance services; (2) Automobile service stations, subject to site and+ design review in accord with the provisions of Chapter 18.82; (3)Churches and religious institutions; (4)Convalescent facilities; (5)Financial services; (6) Mortuaries; (7) Medical or neighborhood-servin~ offices over 2,500 square feet in total floor area. No such permit shall be ~ranted unless the City makes the additional findings in Section 18.41.035(f). 010112 syn 0090761 4 (8) (9) Private clubs, lodges, or fraternal organizations; Private educational facilities; (I0) Utility facilities essential to provision of utility services to the neighborhood, but excluding construction or storage yards, maintenance facilities, or corporation yards; (II) Liquor stores; (12) Temporary parking facilities, provided that such facilities shall remain no more than five years; (13)Farmer’s markets; (14)Commercial recreation; (15)Outdoor recreation service; (16)Recycling centers. (c)Prohibited Uses. (i)Residential.uses of any nature. (2) Administrative office uses and qeneral business office uses (except neiqhborhood-servinq travel a~encies and. insurance a~encies) other than those in existence on January 16, 2001. (d) Certification of New Neighborhood-Serving Office Uses. Any office use, other than a medical office, first occupyin~ space at the Center on or after January 16, 2001, shall obtain a written determination from the Director of Planninq and Community Environment that it qualifies as a neighborhood-servin~ use, as defined in Section 18.41.035(q), before occupying its premises. The applicant shall submit such information as the Director shall reasonably requirein order to make the determination, and the Director shall issue the determination within 30 days of receiving a complete application. Failure to submit the required information shall be ~rounds for determininq that a business is not nei~hborhood-servinq. (e) Center-wide Limit on Office Space. No more than 7,500 square feet oftotal floor area at the Center shall be occupied by office space at any time. (f) Additional Conditional Use Permit Findings for Offices over 2,500 Square Feet. Before approvinq a conditional use permit for medical or neighborhood serving uses larger than 2,500 square 5 010112 s~ 0~0761 feet in total floor area, the City shall find that the proposed use will be neighborhood serving, that it will be conducted in a manner that will enhance and strengthen the Center as a neighborhood resource, and that it will not diminish the retail strenqth of the Center. (g) Definition of Neighborhood-Serving Use. ~ neiqhborhood-serving use primarily serves individual consumers and households, not businesses, is qenerally pedestrian oriented in desiqn, and does not ~enerate noise, fumes or truck traffic qreater ~han that typically expected for uses with a local customer base. A neiqhborhood-servinq use is one to which a siqnificant number of customers and client travel, rather than the provider of the goods or services travelling off-site. SECTION 3. 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 will 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 4. 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 March 2, 2001 unless further extended after additional public hearing. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: City Attorney 010112 syn 0090761 Mayor City Manager Director of Planning and Community Environment Z CN District Charleston Center CN Zone Designation Io_.CN District Chalelston Shopping CenterI-UO.m I o ~(1993 building footprints)I_~ ==¯ Attachment ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO PRESERVING AND SUPPORTING -GROUND-FLOOR 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, MORENO AVENUE, AND SAN~CARLOS COURT AND THE 600 BLOCK OF BRYSON AVENUE) ON AN INTERIM BASISPURSUANT TO GOVERNMENT CODE SECTION 56858 BY ADDING SECTION 18.41.037 TO THE PALO ALTO MUNICIPAL CODE TO TAKE EFFECT IMMEDIATELY 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 reaffirmed in its Comprehensive Plan. a goal of fostering "an enhanced sense of Community with development designed to foster public life and meet City wide needs." (Goal L-2, adopted July 1998). To implement that policy, the City adopted Policy L-10, "maintain a citywide structure of Residential Neighborhoods, Centers, and Employment Districts..." and Policy L-II, "promote increased compatibility, interdependence, and support between commercial and mixed use centers and the surrounding residential neighborhoods." B.Basic to the City’s land use pattern is the availability of shopping and services within walking distance-of residential neighborhoods. (Goals L-3 and L-4.) The Comprehensive Plan identifies four Neighborhood Centers: small retail centers with a primary trade area limited to the immediately surrounding area; often anchored by a grocery or drug store and may include a variety of smaller retail shops and offices oriented toward the everyday needs of surrounding residents (Comprehensive Plan, p. L-18.) C.Two of the Neighborhood Centers, Edgewood Plaza and Alma Plaza, are developed under site-specific PC Planned Community zoning regulations. However, Midtown and Charleston Center operate under the CN Neighborhood Commercial standards first adopted by the .City in 1978.. Both centers are valued neighborhood and city resources, containing anchoring supermarkets and drug stores and a mix of associated neighborhood-serving businesses. However, the CN district allows uses which are not neighborhood-serving in certain 010112 syn 0090762 circumstances. ordinance. Charleston Center is addressed in a separate D.A "neighborhood-serving use" is one that primarily serves individual consumers and households, rather than other businesses; is generally pedestrian oriepted in design, and does not generate noise, fumes or truck traffic greater than that typically expected for uses with a local customer base. A neighborhood-serving use is one to which a significant number of customers and clients travel, instead of the provider travelling 6ff site. E.The City is experiencinglan unprecedented sustained demand for office space from businesses which are not neighborhood- serving and instead primarily serve other businesses. The demand for office space comes, to a significant extent, from the well- financed and often highly profitable businesses that typify the Silicon Valley~ These concerns are willing and able to pay high rents to locate within the Neighborhood Centers which.are intended to serve the City’s residential areas. As a result, buildings which had been used for neighborhood-serving uses have been removed from the retail space market and converted to office or "business to business" uses. F.The Neighborhood Centers are small, and conversion of some.of their ground floor commercial space to non-neighborhood serving uses not only removes valuable neighborhood serving uses but can adversely effect those that remain. Unless. the CN standards are changed to protect neighborhood-serving uses in Midto.wn, they will be displaced by non-neighborho@d serving uses. G.The City has zoned a significant portion of its land for non-neighborhood serving uses. It has substantially more jobs than housing, and use of CN district properties for non- neighborhood serving uses worsens this jobs/housing imbalance at the same time that it leads to loss of quality of life in the neighborhoods and increases in driving. H.In response to the Comprehensive Plan and citizen’s concerns about replacement of neighborhood-serving uses with offices that do not serve the neighborhood, and in somecases do not serve consumers at all, and as part of the comprehensive update of the zoning ordinance, the City’s Department of Planning and Community Environment is studying modification of CN standards to better implement the intent of the Comprehensive Plan and the district itself. It is very likely that "neighborhood-serving" uses will be more fully defined and other uses limited in the CN District when the zoning ordinance update is completed. However, that comprehensive zoning ordinance update will not be completed within the next twelve months. 010112 syn 0090762 I..It is necessary for the preservation of the public health and safety to enact an interim ordinance pursuant to Government Code Section 65858 limiting non-neighborhood uses on the ground floor in the Midtown CN district while the City completes its zoning ordinance update. If an interim ordinance is not adopted, non-neighborhood-serving uses may continue to enter into long-term tenancies in theMidtown Center, limiting the ability of businesses to provide needed goods and services to neighborhood residents. This increases traffic congestion, exacerbates an already significant surplus of jobs over housing, and leads to a decline in quality of life. SECTION 2. Section 18.41.037 of Chapter 18.41 of the Palo Alto Municipal Code is hereby added to read as follows: 18.41.037 Regulations. Midtown Shopping District Ground Floor The regulations in this Section 18.41.037 apply to the ground floor of the Midtown Shopping District as defined in section 18.41.030(k) and as shown on Exhibit A attached."Ground floor"- shall mean the first floor which is above grade. (a) Permitted Uses. Notwithstanding the provisions of Sections 18.41.030, 18.41.050, and 18.94.030(b) i only the following uses shall be permitted without a conditional use permit: (i) Accessory facilities and uses customarily incidental to permitted uses; (2)Animal care, but excluding boarding and kennels; Da care centers, (4) Eating and drinking services, except drive-in and take-out services; (f)Lodging; (5)Medical offices~,~ v~~-~~;^~^~ officcs ~-~-~ gcncral ........ s as limited by this Section 18.41.037 and by Section 18.4!.050 (i). (6) Neiqhborhood-servinq offices as limited by this Section 18.41.037 and by Section 18.41 050(1). "Neiqhborhood- servinq offices" are professional office, travel agencies, and 010112 syn 0090762 insurance agencies that comply with the standards of Section 18.41. 035(q) below. (7)--Personal services; (8)Retail services, excluding liquor stores; (9) Reverse vending machines, subject to regulations established by Chapter 18.88 of this code; and Colorads ~"cnucs and San (I0) Neighborhood business services. Uses lawfully existing on January 16, 2001 may be continued as non- conforming uses but may only be .replaced with uses permitted or conditionally permitted under this Section 18.41.037. (b) Conditionally Permitted Uses. The following uses may be conditionally allowed subject to issuance of a conditional use permit in accordance with ChapterlS.90 and paragraph (g) of this Section 18.41.037: (i)Ambulance services; (2) Automobile service stations~ subject to site and design review in accord with the provisions of Chapter 18.82; (3)Churches and religious institutions; (4)Convalescent facilities; (5)Financial services; OlO112 syn 0090762 (6)Mortuaries; (7)Medical or neiqhborhood-servinq offices exceedinq the size~limits set forth in Section 18.41.050(i)or the location restrictions of this Section 18.41.037. No such permit shall be granted unless the City makes the additional findinqs in Section 18.41.037 (f) . (8) General business offices that are neighborhood ~ervinq; (9)Private clubs, lodges, or fraternal organizations; (I0) Private educational facilities; (ii) Utility facilities essential to provision of utility services t.o the neighborhood, but excluding construction or storage yards, maintenance facilities, or corporation yards; (12) Liquor stores; (13) Temporary parking facilities, provided that such facilities shall remain.no more than five years; (14)Farmer’s markets; (15)Commercial recreation; (16)Outdoor recreation service; (17)Recycling centers. (c)Prohibited Uses. (i)Residential uses of any nature. (2)Administrative office uses and qeneral business office uses .(other than neiqhborhood-servinq travel aqencies and insurance agencies), other than those in existence on January 16, 2001. (d) Certification of New Neighborhood-Serving Office Uses. Any office use, other thana medical office, occupying a particular qround floor premise in the Midtown District for the first time after January 16, 2001, shall obtain a written determination from the Director of Planning and Community Environment that it qualifies as .a neiqhborhood-servinq use as defined in Section 18.41.037(g) before occupyinq the premises. The applicant .shall submit such information as the Director shall reasonably require in order to make the determination. The Director shall issue the determination within 30 days after 5 010112 syn 0090762 receiving a complete application. Failure to submit the required information shall be grounds for determining that a business is not neighborhood-serving. Provided, transfers of businesses as described in paragraphs (e) (2) and (f) (3) need only establish that they are a continuation of any existing business or practice. (e) Middlefield Road. Buildings fronting on Middlefield Road’are shown on Exhibit A. Ground floor development in these buildings and additions to them are subject to the following requirements: (I) No space on a ground floor occupied by a non-office use on January 16, 2001, or first occupied after that date, may be used for offices without a conditional use permit. (2) An existing medical office on the ground floor may be replaced with.another medical office. (3) An existing ground floor office other than a medical office may only be replaced with another office if (i) the new tenant or owner will continue the existing business or practice; or (ii) a conditional user permit is issued for the new office use. (f) Other Frontages. Buildings not covered by Section 18.41.037 (e) are subject to the following additional ground-floor requirements: (I) No space on a ground floor occupied by a non-office use on January 16, 2001, or first occupied after that date, may be used for an office without a conditional use permit. (2) Any existing office on the ground floor may be replaced with a medical office or neighborhood-serving office use. (3) An existin~ ground floor office may be replaced with another office of any type if the new tenant or owner will continue the existing business or practice. (g) Additional Conditional Use Finding for New Offices. No conditional use permit shall be issued for any new office use on the ground floor unless, in addition to the findings required by Chapter 18.90, the City finds that the proposed use will be neighborhood serving, that it will be conducted in a manner that will enhance and strengthen the Midtown Shopping District as a neighborhood resource, and that it will not diminish the retail strength of the District. (h) Definition of Neighborhood-Serving Use, ~ neighborhood serving use is one that primarily serves individual consumers and households rather-than businesses, is generally pedestrian oriented in design, and does not generate noise, fumes 6 010112 syn 0090762 or truck traffic qreater than that typically expected for uses with a local customer base. A neiqhborhood-servin~ use is one to which a significant number of customers and clients travel,, including neighborhood residents, rather than the provider of the goods or services travellinq off-site. SECTION 3. 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 will have a significant, effect on the ehvironment, and because this .ordinance falls within the exception to CEQA set forth in Section 15268 of the CEQA Guidelines. SECTION 4. 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 March 2,~ 2001 unless further extended after an additional public hearing.. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Mayor City Manager Director of Planning and Community Environment 010112 syn 0090762 7 CN District in Midtown r~CN zone Designation Buildings with Middlefield Road Frontage Exhibit A CN District Midtown Shopping. Center and > $ ~ Buildi’ngs with Middlefield Frontage (1993 building footprints) Attachment C Charleston Neiflborhood Retail Meetina December 13, 2000 Cubberley Community Center, Room A-2 Notes: Current uses include about 85% retail, 15% services or office uses issues in CN zones overall: ¯Retail being displaced ¯Lack of goods/services for nearby residents ¯Retail not growing ¯Should office be prohibited or should a use permit be required for offices? Need definitions for: -office use -personal services -retail uses Need to address a. change of ownership state farm, as example can continue if lease remains use permit guidelines/criteria could consider a vacancy rate exception to allow new uses, but that gets complicated Is retail threatened? -retail not growing due to cost/rent -All centers have "non-retail" space. Charleston typical of centers with some non-retail space. Some office square-foot should be allowed. Would elimination of office be detrimental? Yes, if no offices were allowed. Most ’CN’ zoned centers are one-story. Two stories are allowed. Parking key retail issue quota/percentage a possibility for Charleston. MIDTOWN NEIGBORHOOD RETAIL MEETING Mitchell Park Community Center, Main Room December 14, 2000 Comments and Questions raised by participants: ¯How to deal with buildings not designed for retail? ¯Reversion vs. prospective changes. ’ burden if reversion is treated the same as prospective changes ¯ How to define "neighborhood serving use"? how different from ’-.personal service’/"neighborhood business service"? ¯ Should businesses facing major streets (Middlefield) be limited to retail but others not? ¯How to understand what "neighborhood serving" means in this era? ¯Relationship between office/retail in same center needs to be taken into account. "Office uses provide significant support for retail in Midtown". ¯Market forces vs. regulation. Things are changing and regulation can’t anticipate what may come in 5 years. ¯"Midtown will attract what it wants to support." ¯’.’Would we consider leaving well enough alone?" ¯How many complaints? From whom? ¯Get dialogue going re what is truly wrong with new uses vs. old ones. What do people really mean by neighborhood serving? Avoid a standoff between business/residents. Attachment D TO: FROM: DATE: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT NOVEMBER 20, 2000 CMR:424:00 SUBJECT:RETAINING RETAIL USES IN NEIGHBORHOOD COMMERCIAL DISTRICTS RECOMMENDATION Staff recommends that Council direct staff to develop a recommendation on an interim ordinance, after conducting property owner outreach, which would potentially amend the Palo Alto Municipal Code (PAMC) to: 1)Allow only retail and other neighborhood serving uses on the ground floor of buildings in neighborhood commercial (CN) areas including the Midtown Shopping District, Charleston Center and specific portions of E1 Camino R~eal (Attachment A): New office uses would be prohibited on the ground floor. In addition, the non-conforming use section of the PAMC would be modified so that when existing non-conforming office uses vacate a building or change ownership, they could only be replaced with permitted neighborhood-serving uses. 2)Require nonconforming ground floor office uses in the Ground Floor (GF) and Retail (R) combining districts that change ownership or vacate a site to be replaced with permitted neighborhood-serving uses. These changes would also effect University Avenue and CaliforniaAvenue. BACKGROUND The Palo Alto Comprehensive Plan defines Neighborhood Centers as: " small retail centers with a primary trade area limited to the immediately surrounding area; often anchored by a grocery or drug store and may include a variety of smaller retail shops and offices oriented toward the everyday needs of surrounding residents. Selected streets CMR: 424:00 Page 1 of 8 provide walking and biking connections from adjacent neighborhoods". The zoning ordinance reinforces this definition by stating that the Neighborhood Commercial (CN) .~ zoning district is intended to: "create and maintain neighborhood-shopping areas .....that will assure maximum compatibility with surrounding residential areas". In Palo Alto, as in other Peninsula and South Bay cities, the retention of retail uses in Neighborhood Commercial Zones has become a critical qualit-y of life issue for local residents and businesses. Retail loss occurs in Palo Alto in two primary ways. The first wa~ is that legally permitted uses locate within the building, but the use is not necessarily neighborhood serving. The second way is that an existing nonconforming office use is allowed to be replaced by another nonconforming office use Three are three main problems associated with the loss of retail and service 16usinesses in neighborhood shopping districts: The existing retail base is being eroded as retail uses and personal services in neighborhood commercial areas are displaced by other commercial use~ which are not neighborhood serving. The eroding retail base in neighborhood serving districts leads to a lack of goods and services for the surrounding residential areas and is contrary to the intent and purpose of the neighborhood commercial zoning district. The existing retail base is prevented from growing because, as non-conforming uses vacate a site, another non-conforming use can locate in the building, thereby continuing the non-conforming use patterns and preventing retail and personal service uses from locating on the site. These problems undercut the sense of community in neighborhoods and impact the ability of local residents to utilize local businesses. Opportunities to provide a greater number of neighborhood serving uses are also decreased. In addition, in those areas where offices are permitted on the ground floor, the relatively more expensive lease costs for office uses inflate the lease rates for retail businesses, already at record levels. In Palo Alto, the districts that are experiencing these impacts are Midtown, University- Avenue, California Avenue, Charleston Plaza, the three Commercial Neighborhood areas on E1 Camino Real, the South of Forest Area, Alma Plaza and Edgewood Plaza. While Alma Plaza and Edgewood Plaza are identified as local neighborhood retail centers in the Comprehensive Plan, Planned Community (PC) zoning designations regulate the uses in each center. Changes to the CN zone would not affect either Alma or Edgewood Plaza. Modifications to the specific PC zone would need to be made to further protect or enhance retail uses allowed in those areas. For this reason, issues in these centers will ngt CMR: 424:00 Page 2 of 8 be addressed in this report. The South of Forest Area (SOFA) will also be excluded from recommendations in this report, deferring to the SOFA II Area Plan which will address retail-and non-conforming use considerations. This report will discuss the remedies recommended to address the above concerns in the remaining neighborhood business districts. DISCUSSION Indeveloping an interim approach to this problem, staff recommends that the approach focus on the retention of retail use .in neighborhood commercial districts and along University and California Avenues (see Attachments A, B and C for location of these areas). An interim approach will immediately address the issue of the eroding retail base. The intei’im solution can be modified or expanded as needed as part of the complete zoning ordinance update that is currently underway. Staff has identified the following strategies to address retail loss and retention of neighborhood serving retail and service uses in local centers: [] [] Allow only retail, personal service, theaters, in ground floor storefronts. Grandfather all existing uses that do not-conform to this new location-based requirement. Modify. non-conforming regulations for CN zones, in the Downtown Area along University Avenue and along California Avenue, stating that when a non- conforming use vacates a building or changes ownership, the space ~an only be filled with a conforming use. The required set of Municipal Code changes needed to reach the goal ofretaining retail uses is outlined .below. The first set of modifications address CN zones. The second set address portions of the downtown area where the gr.ound floor combining district regulations (GF) apply and portions of California Avenue where the retail shopping district (R) regulations apply. Modifications recommended in CN zones_(see Attachment A for map of areas): (a)Modify the CN zone to remove offices as permitted uses on the ground ¯ floor. The effect of this change would be to allow only retail uses (excluding liquor stores); personal services, lodging, restaurants, day care centers, large and small day care homes, animal care and residential uses on the ground floor in the CN zoning district. (b)"Grandfather" all legally existing ground floor office uses in CN zones so that they become legal nonconforming uses. (Granting "grandfathered" CMR: 424:00 Page 3 of 8 status to existing nonconforming ground floor office uses will allow them to remodel, repair and maintain the buildings within which they are located, provided the use is not made larger or more nonconforming). (c)Modify the nonconforming use section of the PAMC to state that nonconforming uses in the CN district could not be changed to or replaced by any use except a conforming use. The effect of this modification would be that as ground floor office uses vacate spaces in the Midtown shopping district, Charleston Center, or in the CN zones along E1 Camino Real, the use would have to be replaced by a conforming neighborhood serving use as identified in (a) above. Modifications recommended in GF and R combining districts (see Attachments B and C for map of areas): (d)Add language to the nonconforming use section of the Commercial Downtown District regulations which will state that if an existing nonconforming office use on the ground floor of the CD-C (GF) district is abandoned for any length of time, it may be replaced only by a conforming use. (e)Modify the nonconforming use section of the Commercial Downtown District regulations so that the references to discontinuance of a nonconforming use for twelve consecutive months only apply to nonconforming uses in non-GF districts (i.e. CD-C, CD-S and CD-N). The result of these two changes will be that as nonconforming ground floor office uses in the CD-C (GF) district (primarily along University Avenue and on side streets between Hamilton Avenue and Lytton Avenue) change ownership or vacate a space, the use will be required to be replaced by retail or other permitted uses in the GF zone and that a nonconforming ground floor office use would not be allowed to continue from one owner or operator to the next. Areas downtown that are zoned CD-S and CD-N or CD-C without a GF combining district would remain subject to the same requirements that currently exist, which means that nonconforming office uses in those districts could continue as long as the use was not discontinued for 12 consecutive months or more. Grandfather all legally existing ground floor office uses along California Avenue and modify the Retail Shopping Combining District (R) regulations so that if a ground floor use is deemed grandfathered and it is abandoned for any length of time that it may only be replaced with a conforming ground floor use. Page 4 of 8 CMR: 424:00 The result of this change will be similar to the two changes for the CD-C (GF) district noted above. Nonconforming ground floor office uses that change ownership or vacate office space will be required to be replaced by retail or other permitted uses in the R zone and a nonconforming ground floor office use would not be allowed to continue from one owner or operator to the next. Property Owner Outreach Prior to bringing the proposed modifications back to the City Council for review and action, staff will meet with property owners in the-areas that would be affected by the potential changes. At present, five such meetings have been identified and will be scheduled for December and January. The report to City Council in February, 2001 will summarize the outcome Of these meetings (see Timeline section of this report). Enforcement of existing regulations In addition to the possible PAMC changes that are outlined above, code enforcement staff will continue to investigate all reported code violations. ALTERNATIVES TO STAFF RECOMMENDATION These altemativesare included for comparative purposes and to note that there are ways of addressing the problem differently. The benefits and shortcomings of a particular approach would need to be explored if the City Council directs staff to evaluate one or more of the approaches in the upcoming three months. The alternatives include the following: Reduce the number of areas to be addressed by the proposed modifications (e.g. do not include portions of E1 Camino Real or Charleston Center). o o o Limit the new rules to street-facing facades, not an entire center. Allow some office use on the ground floor, but restrict it to neighborhood serving office use. This alternative would require creating a new land use definition for neighborhood serving office use. Require conditional use permits for offices on the ground floor. This change which would mean that each new office use would be required to apply for and obtain a conditional use permit prior to locating within a building. CMR: 424:00 Page 5 of 8 RESOURCE IMPACT Developing PAMC changes regarding CN and nonconforming uses prior to and apart from the overall zoning ordinance update will add to the Planning Division’s workload and staffing needs. Reassignment of existing staffwill be required to complete the needed tasks. An associate planner will be required to gather land use data regarding existing uses in the areas identified as affected by the proposed changes. Gathering the data will take approximately 60 hours. The data will need to be catalogued and mapped, which will require assistance from the GIS staff and will take approximately 20 additional hours. H61ding meetings with property owners in the affected areas will comprise approximately 10.to 15 additional hours. A quarter to one half ofa code enforcement officer’s time will be r~eeded over a four week period to investigate alleged use violations along University Avenue and applicable side streets and California Avenue, which will equal another 40 to 80 hours of time. Writing ordinances and staff reports will require 40 to 50 hours of City Attorney and Planning Division staff time. The total number of hours needed to complete the assignment will be between 170 and 225. ¯ Given that the assignment was not anticipated prior to two weeks ago, staff time has not been allocated to the project. Therefore, staff will need to be reassigned from existing Planning Division work items such as the modifications to single-family regulations, the second phase of-the South of Forest Coordinated Area Plan or the E1 Camino Real study to accomplish the task. Removing staff from these other projects will affect the timelines for those projects. POLICY IMPLICATIONS Modifying neighborhood commercial use requirements and standards and nonconforming use standards are supported by many policies and programs in the Comprehensive Plan. The vision statement in the Comprehensive Plan includes.a reference to strengthening and enhancing Palo Alto’s neighborhoods and Shopping.centers. Policy L-4 calls for maintaining the City’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. The policy further calls for using the zoning ordinance as a tool to enhance Palo Alto’s desirable qualities. Program L-6 calls for revising the neighborhood commercial zone to better address land use transitions. Program L-9 calls for the continued monitoring, including the effectiveness of the ground floor retail requirement, in the University Avenue/Downtown AR Policy L-i 1 calls for promoting increased compatibility, interdependence and support between commercial and mixed-use centers and the surrounding residential CMR: 424:00 Page 6 of 8 -neighborhoods. Policy L-20 encourages street frontages that contribute to retail vitality in all commercial centers. Policy L-37 calls for maintaining the scale and local serving focus ofPalo Alto’s four Neighborhood Centers and supporting their continued improvement and vitality. Pr6gram L-36 calls for evaluating current zoning to determine if it supports the types of uses and scale of buildings considered appropriate in neighborhood centers. Policy L-40 specifically calls for revitalizing Midtown as an attractive, compact neighborhood center with diverse local serving uses. Policy B-4 calls for nurturing and supporting established businesses as well as new businesses. Policy B-5 calls for maintaining district business districts within Palo Alto as a means of retaining local services and diversifying the City’s economic base. Policy B-6 calls for maintaining distinct neighborhood shoppingareas that are attractive, accessible, and convenient to nearby residents. Policy B-7 calls for encouraging and supporting the operation of small, independent businesses. TIMELINE Following this CMR to City Council, staff would conduct approximately five outreach meetings with affected property owners based on geographic area and zoning during the months of December and January. In February, staff will propose an interim ordinance according to Section 65858 of the Government Code~ for adoption by a 4/5 vote of the Council. There will be published and mailed notice of the hearing in February. If. adopted, the interim ordinance will be in effect for 45 days. At the end of the 45 days and after notice and ptiblic hearing, the City Council may adopt the interim ordinance by a 4/5 vote for an additional 22 months and 15’ days. By this time, the City’s Zoning Ordinance Update should be complete and will replace the interim ordinance enacted by City Council. ENVIRONMENTAL REVIEW This project is exempt from the provisions of the California Environmental Quality Act CMR: 424:00 Page 7 of 8 (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 Attachment A: Attachment B: Attachment C: Map(s) of CN zoning districts affected by modifications Map of Downtown Commercial zoning district affected by modifications Map of California Avenue affected by modifications PREPARED BY:Lisa Grote, Chief Planning Official Susan Arpan, Manager Economic Resources Program DEPARTMENT HEAD: G. EDWARD GAWF Director of Planning and Community Environment CITY MANAGER APPROVAL: ~- ~ t~MILY HARRISON Assistant City Manager Will Beckett, Barron Park Association, 4189 Baker Avenue, Palo Alto, CA 94306 Pria Graves, College Terrace Residents Assn., 2130 Yale Street, Palo Alto, 94301 Annette Glanckopf Ashton, 2747 Bryant Street, Palo Alto, CA 94306 Karen White, 146 Walter Hayes Drive, Palo Alto, CA 94303 M3)llicent Hamilton, 4014 Ben Lomond Drive, Palo Alto, CA 94306 Marge Speidel, 3059 Louis Road, Palo Alto, CA 94303 Cornelia Pendleton, 267 Hamilton Avenue, Palo Alto; CA 94301 . Lynn Chiapella, 631 Colorado Avenue; Palo Alto, CA 94303 Brenda Ross, 1521 Escobita Avdnue, Palo Alto, CA 94306 Ronna Devincenzi, 2600 E1 Camino Real, # 100, Palo Alto, CA 94306 Debbie Mytels, 2824 Louis Road, Palo Alto, CA 94303 Charles G. Osborne, 255 Edlee Street, Palo Alto, CA 94306 CMR: 424:00 Page 8 of ti of th~ City of Palo Alto GIS 0’.300’ ¯600’-- El Camino Real CN Districts North of Attachement: A-1 ~ This map is a product ~~.~,~ ~ ~ Attachment: A-2 |1 El Camino Real o~ ~ ~"CN Districts Page Mill Road Attachment: A-3 Middlefield Road:a~, of P~o ~a~o o]s CN Districts. Near @ Colorado Avenue O’300’600’ Attachment A-4 Middlefield Road: CN Districts Near Charleston Road This map is a product of the City of l=~lo Alto OISI O’ 30o’ 600’ Palo Alto Attachment: B ]~owntow~l: Regular CD Districts and CD Districts with GF Overlay This map is a product of the City of Palo Alto 600’