HomeMy WebLinkAbout2001-02-20 City Council (18)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL ~-1 7
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:FEBRUARY 20, 2001 CMR:142:01
SUBJECT:EXTENSION OF 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 adopt, win a four fifths vote, the attached
ordinances (see Attachments .A and B, respectively) extending previously adopted
Ordinances No. 4675 and 4676 until April 30, 2001 modifying the Neighborhood
Commercial (CN) zoning districts for the Charleston Center and Midtown Shopping
District pursuant to Government Code Section 65858.
BACKGROUND
On January 16, 2001 the City Council passed and adopted Ordinances No. 4675 and 4676
(Attachments C and D) adopting interim regulations in the Charleston Center and
Midtown Shopping District for a forty-five day period. Staff was instructed to return to
Council .within that time period with additional research, drafts of alternative regulations,
and the results of additional outreach meetings. Staff has been unable to complete that
assignment in the time available.
Under state law, interim ordinances can be extended by a four-fifths vote for twenty-two
and a half months. The interim ordinances adopted by Council .on Janu .ary 16, 2001
expire in 45 days, therefore, Council must take action before March 2, 2001. There is no
CMR: 142:01 Page 1 of 7
¯ . room on the Council agendas to reconsider this matter before that date. Therefore, the
City Attorney’s office has drafted a twenty-two month, extension that will terminate on
April 30, 2001 unless the Council reaff’m-ns its decision by that date..Extending the
ordinance in this manner will give staff time to do the work requested and permit the
Council to consider the matter more fully at its meeting of April 9, 2001.
DISCUSSION
The ordinances the Council would be adopting on February 20, 2001 are substantially the
same as those adopted on January 16,2001 with the following minor modifications:
Changes to Charleston Center Ordinance:
The maximum square footage of office uses allowed at Charleston Center would
be changed to 7,850 square feet from 7,500 square feet to accurately reflect the
office square footage that currently exists at the Center. This revised number was
provided to staff by the property manager for the Center after the January 16, 2001
City Council meeting.
Changes to Midtown Shopping District Ordinance:
Office buildings at 689, 711, 719 and 721 Colorado Street would be excluded
from the Ordinance because they were designed as office t~ses and.have always
been. office uses (see Exhibit to Attachment A, Which shows boundaries of the area
covered by the Ordinance);
Language referring to "Middlefield Road" (18.41.037(e)) and "Other Frontages"
(18.41.037(f)) would be deleted because the exemption of office buildings on
Colorado and B ,tyson Streets removes the need to differentiate between side and
main streets. All existing ground floor non-office uses in the designated district
would be treated in the same manner, which would be to require a conditional use
permit (CUP) for a conversion to office use. All existing ground, floor office uses
in the designated district would be allowed to remain. If an existing ground floor
office is to be r.eplaced with another office, a CUP must be obtained (the exception
being a transfer of an existing business or practice to a new ownership)..
These modified and simplified ordinances would be in place until April 30, 2001, within
which time staff can return to City Council with the information requested at the January
16, 2001 meeting. This information will include a presentation of-the ground floor (GF)
restrictions that currently apply to a portion of the Downtown area and an evaluation of
how similar restrictions could be applied to the Midtown Shopping District. In addition,
staff will present the results of an additional outreach meeting with property and business
owners in the Midtown Shopping District, which is occurring on February 15, 2001. A
staff recommendation will also be presented on how to address existing nonconforming
uses and other issues that may be identified.
CMR:142:01 Page 2 of 7
RESOURCE IMPACT ¯.
The reso~ce impacts of the Interim Ordinance were outlined in the January 16, 2001
staff report (See Attachment E, CM~: 107:01).
POLICY IMPLICATIONS
The policy implications of changes to the CN district to strengthen and enhance
neighborhood shopping centers .were outlined in .the January 16, 2001 staff report
(CMR:107:01).
TIME LINE
The extended ordinances will expire on April 30, 2001, unless prior tO that date City¯
Council confirms the extension of the ordinances with or without modifications. Staff
will return to City Council on April 9, 2001 with the information and analysis requested
on January 16,2001.
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 havea significant effect on the
environment.
ATTACHMENTS
A)
B)
0
D)
E)
Ordinance modifying previously adopted Ordinance 4675
Ordinance modifying previously adopted Ordinance 4676
Ordinance No. 4675
Ordinance No. 4676
CMR: 107:01, dated January 16, 2001, without attachments
Prepared by: Lisa Grote, Chief Planning Official
Susan Arpan, Manager, Economic Resources Planning
DEPARTMENT HEAD REVIEW:
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
E~SON "
Assistant City Manager
CMR:142:01 Page 3 of 7
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
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, Pal6 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, Pal0 Alto, CA 94303
Roger Kohler, 72.1 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 Ham.ilton 4014 Ben Lomond, Palo Alto, CA 94302
Charles G. Osb0me, 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, 260OE1 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
Tracy Price, Price Design, 715 Colorado Avenue, Palo Alto, CA 94306
Darrell Benatar, Surprise.tom, 719 Colorado Avenue, Palo Alto, CA 94303
Mike Cobb, Cobb Hogue Creative, 721 Colorado Avenue, Suite 103, Palo Alto,
CA 94306
Kyle Sheridan, MD Expert.com, 721 Colorado Avenue, Suite 200, Palo Alto,
CA 94306
Lincoln A. Brooks, Brooks & Raub, 721 Colorado Avenue, Suite 101, Palo Alto,
CA 94303
Bob Drogavich, VITE, 721 Colorado Avenue Suite 202, Palo Alto, CA 94303
Tom Foy, Midtown Realty, 2775A Middlfield Road, Palo Alto, CA 94306
CMR: 142:01 Page 4 of 7
Brian Irvine,. Slamm’n Juice, 2717 Middlefield Road,Palo Alto, CA 94306
Matthew Pangalos, Longs Store, 2701 Middlefield Road, Palo Alto, CA 94306
Wilson Nicholls, Midtown Video, 2655 Middlefield Roach. Palo Alto, CA 94306
Kevin Kermanshahi, PaloAlto Caf6, 2675 Middlefield Road,. Palo Alto,
CA 94306
Gary Flickinger, United Studio of Self Defense-Karate, 2675B Middlefield Road,
Palo Alto, CA 94303
Larry Wells, Larry Wells Salon, 2685 Middlefield Road, Palo Alto, CA 94306
Victoria Emmons, Victoria Emmons Catering, 2699 Middlefield Road,
Palo Alto, CA 94306
Victoria Emmons, Victoria Emmons Restaurant, 2695 Middlefield Road,
Palo Alto, CA 94306
Wilson Nicholls, Baskins-Robbins, 2625 Middlefield Road, Palo Alto, CA 94306
Henry Buckholdt, Let’s Draw, 2635 Middlefield Road, Palo Alto, CA 94306
Pam Golden, Score Kaplan, 2645 Middlefield Road, Palo Alto, CA 94306
Duane Bay, Sr., Palo Alto Coop Market, 2605 Middlefield Road, Palo Alto,
CA 94306
Siamak Badiee, Starbucks~ 2775 Middlefield Road, Palo Alto, CA 94306
Mike Cobb, 721 Colorado Avenue, # 101, Palo Alto, CA 94303
M J Fisher, Trustee, 3861 COrina Way, Palo Alto, CA 94303
Thomas & Patricia Foy, Midtown Realty, 2775 Middlefield Road, Palo Alto,
CA 94306
Paul Drapkin, Trustee, Drapkin Realty Trust, 2741 Middlefield Road, Palo Alto,
CA 94306
David H & Alice A. Lee, etal, 712 Holly Oak Drive, Palo Alto, CA 94303
Duca & Hanley Properties, Inc., 19312 Athos Place, Sarat6ga, CA 95070
Charlotte S. Haley~ Trustee, 850Webster Street, Palo Alto, CA 94301
Gertrude H. Haley, et al, 156 Peacock Drive, San Rafael, CA 94901
Consumers Cooperative Society of Palo Alto, Inc., 2605 Middlefield Road,
Palo Alto, CA 94306
Roxy Rapp, P O Box 1672, Palo Alto, CA 94306
Betsy Kulemin, 170 Rollingwood Drive, San Rafael, CA 94901
Kathleen Haley, 1473 Dana Avenue, Palo Alto, CA 94301
Gregory M & Phyllis C Aiura~ 689 Colorado Avenue, Palo Alto, CA 94306
.T& T Kanazawa, 702/705 Colorado Avenue, Palo Alto, CA 94303
Round Table Pizza, 906 Golden Way, Los Altos, CA 94024
Southland Corp7-11#14315, P O Box 219077, Dallas, TX 75221
Bay Area Cellular Tel Co, 651 Gateway Blvd., S. San Francisco, CA 94080
Mrs. Betty Zeh, 720 Colorado Avenue, Palo Alto, CA 94303
GeoffHicks, 722 Colorado Avenue, Palo Alto, CA 94303
LincOln A. Brooks, Brooks & Raub, 721 Colorado Avenue, Palo Alto, CA 94303
KyleSheridan, MD Expert.com, 721 Colorado Avenue, Suite 200, Palo Alto,
CA 94306
Philippe Masseron, 723 Colorado Avenue, Palo Alto, CA 94303
CMR:142:01 Page 5 of 7
¯ Elliot Brown, 724 Colorado Avenue, Palo Alto, CA 94303
Andrew Krend, 726 Colorado Avenue, Palo Alto, CA 94303
Tari Viekery, 727 Colorado Avenue, Palo Alto, CA 94303
Wan Ling Chen, P O Box 50281, Palo Alto, CA 94303
Bill Preueel, 728 Colorado Avenue, Palo Alto, CA 94303 ¯
Kevin V Lemley, 729 Colorado Avenue, Palo Alto, CA 94303
JeffHoel, 731 Colorado Avenue, Palo Alto, CA 94303
GeoffProvo, 733 Colorado Avenue, Palo Alto, CA 94303
David Lyons, PayTmst 5675, P O Box 880418, San Francisco, CA 94188,0418
Mary Longo, 735 Colo.rado Avenue, Palo Alto, CA 94303
Jeff & Laurie Gamelsky, 737 Colorado Avenue,.Palo Alto, CA 94303
Benjamin Diament, 738 Colorado Avenue, Palo Alto, CA 94303
Patricia Bottorff, 739 Colorado Avenue, Palo Alto, CA 94303
Susan KKertson, 744 Colorado Avenue, Palo Alto, CA 94303
Brian Keefe and Jian H Zhou, 747 Colorado Avenue, Apt. C, Palo Alto, CA 94303
Generosa Stables, 747 Colorado Avenue, Apt. B, Palo Alto, CA 94303
Robert & Lenore Cavallero, University Investments, 2799 Middlefield Road,
Palo Alto, CA 94306
Safeway (1682), P O. Box 391 Sun Valley, CA 91353
A Touch of Home, P O Box 297, San Lorenzo, CA 94580
Mike Carey, CC Trust, 2782 Woodbark Court, CA San Jose, CA 95117
Delia’s Cleaners, 2790 Middlefield Road, Palo Alto, CA 94306
Midtown Mart, 2796 Middlefield Road, Palo Alto, CA 94306
Cornish & Carey, 2762 Middlefield Road, Palo Alto, CA 94306
Midtown Beauty Shop, 2786 Middlefield Road, Palo Alto, CA 94306~
Comish & Carey, 2754 Middlefield Road, Palo Alto, CA 94306
Mark Kousnetz, c/o Wayne Mascia Assocs., 3945 Freedom Circle, Suite 350
Santa Clara, CA 95054
Murphy’s Pizza, 2710 Middlefield Road, Palo Alto, CA 94306
Best Video, 2710 Middlefield Road, Palo Alto, CA 94306
Peninsula Hardware, 2676 Middlefield Road, Palo Alto, CA 94306
Mike’s Caf6, Etc., 2680 Middlefield Road, Palo Alto, CA 94306
DJM Capital Partners, 2570 W E1 Camino Real, Apt. 500, Mountain View,
’ CA 94040
Alhouse-Deaton Mgmt. & LSE, 2600 E1 Camino Real, Apt. 100, Palo Alto,
CA 94306
Dr. Cynthia Dutro, 2635 Middlefield Road, Palo Alto, CA 94306
Dirk Bergstrom, 2620 Middlefield Road, Palo Alto, CA 94306
Washington Mutual, 2846 Middlefield Road, Palo Alto, CA 94306
Dieter L & Eva, 2720 Middlefield Road, Palo Alto, CA 94306
Edwards Company, 2778 Middlefield Road, Palo Alto, CA 94306
CW Carey & Parks, LP, 2846 Middlefield Road, Palo Alto, CA 94306
Meyer & Hannah Scher, 2688 Middlefield Road, Palo Alto, CA 94306
Gregory.M & Phyllis C Hura, 869 Colorado Avenue, Palo Alto, CA.94306
CMR:142:01 Page 6 of 7
Midtown Cleaners, 2740 Middlefield Road, Palo Alto, CA 94306
Midtown Retail Partners LP A CA LP, 3902 Middlefield Road, Palo Alto,
CA 94303
Famille Chen Corporation, Neighborhood Liquor & Video, Charleston. Shopping
Center, 3918 Middlefield Road, Palo Alto, CA 94303
Sophia Omar,. Caf~ Sophia Roasting Co~, Charleston Shopping Center, 3904
Middlefield Road, Palo Alto, CA 94303
Deb Glemm, Serra Park Dental, Charleston Shopping Center, 3920 Middlefield
Road, Palo Alto, CA 94303
Nancy Chan, PT RD, Back to Fitness, Charleston Shopping Center, 3906
Middlefield Road, Palo Alto, CA 94303
Stephanie Spencer, Gymboree Play & Music Palo Alto, Charleston Shopping
Center, 3908 Middlefield Road, Palo Alt0, CA 94303
Laleh Jones, Laleh Hair Design, Charleston Shopping Center, 3942 Middlefield
Road, Palo Alto, CA 94303
Greg/Ann, Rick’s Rather Rich Ice Cream, Charleston Shopping Center, 3946
Middlefield Road, Palo Alto, CA 94303
Tony Nicosia, Charleston Barber Shop, Charleston Shopping Center, .3966
Middlefield Road, Palo Alto, CA 94303
Jennifer Lee, Feng Yuan Restaurant, Charleston Shopping Center, 3950
Middlefield Road, Palo Alto, CA 94303
Amanda J Martin, State Farm Insurance, Charleston Shopping Center, 3968
Middlefield Road, Palo Alto, CA 94303
CMR: 142:01 Page 7 of 7
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 EXTENDED INTERIM BASIS
PURSUANT TO GOVERNMENT CODE SECTION 65858 BY
AMENDING AND EXTENDING ORDINANCE NO. 4675 ADDING
SECTION 18.41.035 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. Findinqs. The Council finds and declares that:
A.The Council held noticed public hearings on an
interim measure to conserve and promoteneighborhood-serving and
retail uses in the Charleston Center on January 16, 2001 and
February 20, 2001.
B.The Council hereby reaffirms and incorporates by
reference findings A through H of Ordinance No.. 4675 adopted
January 16, 2001, which findings are attached hereto as Exhibit A.
C.Based on the findings set forth in Exhibit A and the
record before the Council, the Council finds that there ±s a
current and i~nediate threat to the public health, safety or
welfare if this ordinance is not adopted pursuant to Government
Code Section 65858 limiting new non-neighborhood serving businesses
in the Charleston Center CN district while the City completes its
zoning ordinance update. If an interim ordinance is not adopted,
additional non-neighborhood serving businesses and other.uses may
enter into long-term tenancies in the Center, limiting the ability
of businesses to provide needed neighborhood-serving retail stores
and services to City residents. This displacement of retail and
service uses imposes a hardship on local residents, particularly
those with~ reduced mobility, increases already serious traffic
congestion, exacerbates an already significant surplus of jobs over
housing, and leads to a decline in quality of life.Becauseexisting retail and neighborhood-serving uses dependupon aconcentration of such uses to maintain their owneconomicviability, continued loss of these uses would seriously jeopardize
the entire shopping district.
D. It is the intention of the Council to review this
.matter further at another public hearing on or before April 30,
010215 syn 0090784
2001 and consider modifications to this Ordinance. If the Coun6il
does not confirm, by a four-fifths vote, its adoption of this
ordinance, or a modification of ft, by that date, this ordinance
will be of no further force and effect.
SECTION 2. Ordinance 4675 of the City of Palo Alto is
hereby extended and amended to read as follows:
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 B 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;
(3)Day care centers;
(4) Eating and drinking services, except drive-in and
take-out services;
(5) Neighborhpod-serving offices that do not exceed
2,500 square feet in floor area. "Neighborhood-serving offices"
are medical offices, professional offices, travel agencies, and
insurance agencies that meet the standards of Section. 18.41.035(g)
below.
(6) Personal services;
(7)Retail services, excluding liquor stores;
(8) Reverse vending machines, subject to regulations
established by Chapter 18.88 of this code;
(9)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 Sebtion 18.41.035.
010215 syn 0090784
2
(b) Conditionally Permitted Uses. The f~llowing uses
may be conditionally allowed., subject to issuanCe of a conditional
use permit in accord with Chapter 18.90:
(I)Ambulance services;
(2) Automobile service stations, subject to site and
design review in accord with the provisions of Chapter 18.82;
.(3)
(4)
(5)
(6)
(7) "
Churches and religious institutions;
Convalescent facilities;
Financial services;
Mortuaries;..
Neighborhood-serving offices over 2,500 square
feet in total floor area. No such conditional .use permit shall
be granted unless the.City makes the addftional findings in
Section 18.41.035(f).
(8)Private clubs, lodges, orfraternal organizations;
(9)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.
office
(1)
(2)
uses
Residential uses of any nature.
Administrative office uses and general business
(except neighborhood-serving travel agencies and
3
010215 syn 0090784
insurance agencies) other than those legally in existence at
Charleston Center on January 16, 2001.
(d) Certification of New Neighborhood-Serving Office
Uses. Any office use first occupying space at the Center on or
after January 16, 2001, shall obtain a written determination from
the Director of Planning and Community Environment that it
qualifies as a neighborhood-serving use, as defined in Section
18.41.035(g), before occupying its premises. The applicant shall
submit such information as the Director shall reasonably require in
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 grounds for
determining that a business is not neighborhood-serving.
(e) Center-wide Limit on Office Space. No more than 7,850
square feet of total floor area at the Center shall be occupiedby
office space at any time.
(f) Additional Conditional Use Permit Findings for, Offices
over 2,500 Square Feet. Before approving a conditional use permit
for.neighborhood-serving offices larger than 2,500 square 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 strength of the Center.
(g) Definition of Neighborhood-Serving Use.A
neighborhood-serving use primarily serves individual consumers and
households, not 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 localcustomer base.
A neighborhood-serving use is also one to which a significant
number of customers and clients travel, rather than the provider.of
the goods or services travelling off-site.
SECTION 3. CEQA Exemption. 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. This ordinance was passed by a
four-fifths vote after a public hearing pursuant to Government Code
Section 65858 and shall be effective immediately.
SECTION 5. Expiration Date. This. ordinance shall remain
in effect until March 2,2002, provided that prior to April 30, 2001
the Council holds a public hearing and reaffirms its adoption or
010215 syn 0090784
modification by a four,fifths vote If the Council does not do so,
the ordinance shall expire on April 30, 2001 and be of no further-
force and effect.
SECTION 6. Independent Authority. This ordinance is
adopted under the Council’s authority under the Charter of.the City
of Palo Alto as well as pursuant to.Government Code Section 65858.
INTRODUCED AND PASSED:
AYES:
"NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City.Manager
Director of Planning and
Community Environment
5
010215 syn 0090784
EXHIBIT A
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 designedto 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. 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 also one to which a significant number
of customers and clients travel~ instead of the provider travelling
off-site.
D. The City is experiencing an unprecedented sustained
demand for office space from businesses which are not neighborhood-
serving and instead primar.ily 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.
010215 syn 0090784
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 now is.
~ F. The Center consists of two parcels under a single
ownership. It is an important neighborhood and city resource,
containing an anchoring supermarket and a mix of associated uses,
most if not all of which 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 hasa number of
other commercial districts zoned for businesses that are not
neighborhood-serving..
H. In response to the Comprehensive Plan and citizens’
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 and
Community Environment is.studying modification of CN standards to
better implement the intent of th~ 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.
010215 syn 0090784
7
CN DistriCt Charleston Center
D CN Zone
Designation
Exhibit
CN District
Chalelston Shopping Center
building Igotprints)
..
Attachment B
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) ON AN
EXTENDED INTERIM BASIS PURSUANT TO GOVERNMENT CODE
SECTION 65858 BY AMENDING AND EXTENDING ORDINANCE
NO.4676 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. Findinqs. The Council finds and declares that:
A. The Councii held noticed public hearings on an
interim measure to conserve and promote retail and neighborhood-
serving uses in the Midtown Shopping District on January 16, 2001
and February 20, 2001.
B.The Council hereby reaffirms and incorporates.by
reference findings A through H of Ordinance No. 4676 adopted
January 16, 2001, which findings are attached hereto as Exhibit A.
C.Based on the findings set forth in Exhibit A and the
record before the Council, the Council finds that there is a
current and immediate threat to the public health, safety or
welfare if this ordinance is not adopted pursuant to Government
Code Section 65858 limiting new non-neighborhood serving businesses
in the Midtown CN district while the City completes its zoning
ordinance update. If an interim ordinance is not adopted,
additional non-neighborhood serving businesses and other uses may
enter into long-term tenancies in the Center, limiting the ability
of businesses to provide needed neighborhood-serving retail stores
and services to City residents. This displacement of retail and
service uses imposes a hardship on local residents, particularly
those with reduced mobility, increases already serious traffic.
congestion, exacerbates an already significant surplus of jobs over
housing, and leads to a decline in quality of life.Because
existing retail and neighborhood-serving uses dependupon a
concentration of such uses to maintain their owneconomic
viability, continued loss of these uses would seriously jeopardize
the entire shopping district.
010215 syn 0090786
1
D.This ordinance extends interim regulations in ihe
Midtown District until January 15, 2002, as provided in Government
Code Section 65858. However, it is the intention of the Council to
review this matter further at another public hearing on or before
April 30, 2001. At that time, it will consider extension,
modification, or repeal of this ordinance. Therefore, under the.
terms of this ordinance, if the City Council does not confirm its
adoption (or modification) by a four-fifths vote, by April 30,
2001, this ordinance will be of no further force and effect after
that date.
SECTION 2. Ordinance 4676 of the City of Palo Alto is
hereby extended and amended to read as follows:
Section 18.41.037 of Chapter 18.41 of the Palo Alto Municipal Code
is hereby added to read as follows:
18.41.037 Midtown Shopping District Ground Floor
Regulations.
The regulations in this Section 18.41.037 apply to the
ground floor of that part of the Midtgwn Shopping District as shown
on Exhibit B attached."Ground floor" shall mean the first floor
which is above grade.
(a) Permitted Uses. Notw±thstanding 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)
(3)
Animal care, but excluding boarding and kennels;
Day care centers;
(4) Eating and drinking services, except drive-in and
take’out services;
(5)Personal services;
(6)Retail services, excluding liquor stores;
(7) Reverse vending machines, subject to regulations
established by Chapter 18.88 of this code;
Neighborhood business services.
010215 syn 0090786
2
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 Chapter 18.90 and paragraph (g) of
this Section 18.41.037:
(1)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 offices not exceeding 2,500 square feet in
area, professional offices, travel agencies, and insurance
agencies. No conditional use permit shall be granted unless the
City makes the additional findings in Section 18.41.037(e),
(including the finding that the office is neighborhood serving).
(8)Private clubs, lodges, or fraternal organizations;
(9)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;
(11)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.
010215 syn 0090786
(c)Prohibited Uses.
(1)Residential uses of any nature.
(2) Administrative office uses and general business
office uses (other than neighborhood-serving travel agencies and
insurance agencies), other than those lawfully in existence on
January 16, 2001.
(d) Exception for Continuation of Practice or Business
An existing ground floor office may be replaced with another office
if (i) the new tenant or owner will continue the existing business
or practice; or (ii) a conditional use permit is issued for the new
office use.
(e) 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.
(f) Definition of Neighborhood-Serving Use. A
neighborhood-serving use is one tha~ primarily serves individual
consumers and households rather than 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 also one to
which a significant number of customers and clients travel,
including neighborhood residents, rather than the provider of the
goods or services travelling off-site.
(g)Exclusion of Certain Office Buildings. 711, 719
and 721 Colorado Avenue, and 689 Bryson Avenue, buildings not
fronting on Middlefield Avenue, designed and used for office
purposes, and not well suited to other uses are exempt from the
provisions of this Section 18.41.037.
SECTION 3. The Council finds that this project is exempt
from the provisions of the Environmental Quality Act ("CEQ~’)
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. This ordinance was passed by a
four-fifths vote after a public hearing pursuant to Government Code
Section 65858 and shall be effective immediately.
4010215 syn 0090786
SECTION 5. Expiration Date. This ordinance shall remain
in effect until March 2, 2002, provided that prior to April 30,
2001, the Council holds a public hearing and reaffirms its adoption
or modification of it by a four-fifths vote. If the Council does
not do so, the ordinance shall expire on April 30, 2001 and be of
no further force and effect.
SECTION 6. Independent Authority. This ~ordinance is
adopted under the Council’s authority under the Charter of the City
of Palo Alto as well as pursuant to Government Code Section 65858.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
City Manager
Director of Planning and
Community Environment
11
010215 s3~n 0090786 5
EXHIBIT A
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-f1, "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.. H0wever~ ~he CN
district allows uses which are not neighborhood-serving in certain
circumstances. Charleston Center is addressed in a separate
ordinance.
D.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 also one to which a significant number
ofcustomers and clients travel, instead of the provider travelling
off site.
E. The City is experiencing an unprecedented sustained
demand for office space from businesses which are not neighborhood-
010215 syn 0090786
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 payhigh
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 convegtedto 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
Midtown, they will be displaced by non-neighborhood 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 citizens’
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 ordinanoe, 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 zbning ordinance updateis completed. However,
that comprehensive zoning ordinance update will not be completed
within the next twelve months.
010215 syn 0090786
Exhibit B
CN Combining District Overlay. c) ~,at Midtown Shopping Center -’
(1993 building footprints)
Attachment C
ORDINANCE NO. 4675
ORDINANCE OF THE.COUNCIL OF THE CITY OF PALO ALTO
PRESERVING AND SUPPORTINGNEIGHBORHOOD-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
The.CityCo~ncil of the City of Palo.Alto does ~rdainas
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 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. 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 also one to which a significant number
ofcustomers and cliehts travel, instead of the provider travelling
off-site. ..
D. The City is experiehcing"an unprecedented sustained
demand for office space from businesses which are not neighborhood-
010201 syn 0090761
___Hervi~g__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-thaitypify the--Sil.icon
.Valley. These enterprises are willing and able to payhigh 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., itwas not at that time necessary to exclude non-
neighborhood-serving uses in order to assure .space for a variety
of neighborhood-serving uses. It now is.
F. The Center consists of.two parcels under a single
ownership. It is an important-neighborhood and city resource,
containing an anchoring supermarket and a mix of associated uses,
most if not all of which 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 zgned f6r businesses that are not
neighborhood-serving.
H. In response to the Comprehensive Plan and citizens’
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 and
Community Environmentis studying modification of CN standards to
betterimplement 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
adopted, non’neighborhood serving uses may enter into long-term
tenancies in the Center, limiting the ability of businesses-to
010201 syn 0090761 -
provide~ needed neighborhood-servin~oods and services to City
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 18.41.035 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 thisSection 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" shallmean 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 incidehtal
to permitted uses;
(2)Animal care, but. excluding boarding and kennels;
(3)Day care centers;.
(4) Eating and drinking services, except ¯drive-in and
take-out services;
(5) Neighb0rhood-serving offices that do not exceed
2,500 square feet in area. "Neighborhood~serving offices are
medical offices, professional offices, travel agencies, and
insurance agencies that comply with the standards..of Section
18.41.035(g) below.
(6)Personal services;
(7)Retail services, excluding liquor Stores;
(8) Reverse vending machines, subject to regulations
established by Chapter 18.88 of this code;
(9")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. ..
010201 syn 0090761
3
(b) Conditionally Permitted Uses. The followinq uses
may be condi~ionally allowed, subject to issuance of a conditional
use permit in accord with Chapter 18.90:
(I) Ambulance services;
(2) Automobile service stations, subject to site and
desig~ review in accord ~with the provisions of Chapter 18.82;
(3)Churches and religious institutions;
(4)
(5)
(6)
Convalescent facilities;
Financial services;
Mortuaries;
(7) Neighborhood-serving offices over 2,500 square feet in
total floor area. No such permit shall be granted unless the City
.makes the additional findings in Section 18.41.035(f).
(8)~Private clubs, lodges, or fraternal organizations;
(9)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
facilities shall remain ho more than five years;
such
.(13).Farmer’s markets;
(14)Commercial recreation;
(15)Outdoor recreation service;
(16) .Recycling centers.
.(c) . Prohibited Uses.
(1)Residential uses of anynature.
(2) Administrative office uses and general business
office uses (except neighborhood-serving travel agencies and
insurance agencies) other than those legally in existence on
January 16, 2001.
010201 syn 0090761
(d) Certification of New Neighborhood-Serving Office
Uses. Any officeuse first occupyingspace at the Center onor
..after January 16, 2001, shall obtain a written determination’from
the Director of Planning and .CommunitY Environment that it
qualifies as a neighborhood-servinguse, as. defined in Section
18.41.035(g), before occupying its premises. The applicant shall
submit such information as the Director. shallreasonably require in
order to make the determination, and ~heDirector shall issue the
determination within 30 days of receiving a homplete application.
Failure to submit the required information shall be grounds for
determining that a business is not neighborhood-serving.
(e). Center-wide Limit on OfficeSpace. No more than 7,500
square feet of total 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 approving a conditional use permit
for neighborhood serving uses larger than 2,.500 square feet in
total floor area, the City shall find that the proposed use will be
neighborhood serving, that it wil.l be conducted in a manner that
will enhance ~nd strengthen the Center as a neighborhood resource,
end that it will not diminish the retail strength of the Center.
(g) Definition of~ Neighborhood-Serving. Use.A
neighborhood-serving use primarily serves individual consumers and
households, not 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 also one to which a significant
number of customers and clients travel, rather than the provider of
the goods or services travelling off-site.
SECTION 3. The Council finds that this project isexempt
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.
//
//
//
//
//
010201 syn 0090761
SECTION 4. Effebtive Date"and Applicab±lity. This
ordinance was passed by a four-fifths vot.e 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:January 16, 200i
AYES:BEECHAM, BURCH, EAKINS, KLEINBERG, LYTLE, MOSSAR, OJAKIAN
NOES:
ABSTENTIONS:
ABSENT:FAZZINO
ATTEST:
APPROVED AS TO FORM:
’S~~S~t!~’C~ty.. ..~ ~.. Attorney
APPROVED:
May(
Cit, .Mana~ r
~g and
Community Environment
010201 s)’n 0090761
Exhibit A
CN District Charleston Center
CN Zone
Designation
CN District
Chalelston Shopping Center
(1993 building footprints)
Attachment D
ORDINANCE NO. 4676
ORDINANCE OF THE COUNCIE OF THECITY 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 COURTLAND.
THE 600 BLOCK OF BRYSON AVENUE). ON AN INTERIM
BASIS PURSUANT TO GOVERNMENT CODE SECTION 56858 BY
ADDING SECTION 18.41,037 TO THE PALO ALTO
MUNICIPAL.CODE TO TAKE EFFECT IMMEDIATELY
The Cit~ Council of the ¯City of Palo Alto does ordain as
follows:
SECTION I. Findings; The Council finds anddeclares 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 Employmen~
Districts..." and Policy L-II, "promote increased compatibility,
.interdependence, and support between commercial and mixed use
centers and the surrounding residential neighborhqods."
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 wi~h 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 P~aza, 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
010205 syn 0090762
district allows useswhich.are not. neighborhood-serving in certain
circumstances. Charleston Center is addressed in a separate
ordinance..
D.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 also One to which a significant number
of customers and clients travel, instead of the provider traveiling
off site.
E.The City .is experiencing an unprecedented sustained
demand for office space from businesses which are not neighborhood-
serving and instead primarilyserve 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 .areintended
to serve the City’s residential areas. As a result, buildings
which had been used forneighborhood-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 0nly removes valuable neighborhood serving uses
but can adversely effect those .that remain. Unless the .CN
stindards are changed ~to protect neighborhood-serving uses in
Midtown, they will be displaced by non-neighborhood serving uses.
G.The City has zonid 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 citizens’
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 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 !ikelythat "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
010205 syn 0090762
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 uses on the
groundfloor in the Midtown CN district .while the City completes
its zoning .ordinahce update. If an interim ordinance is not
adopted, non-neighb0rhood-serving uses may continue to enter into
long-term tenancies .in the Midtown Center, limiting the ability of
businesses to provide needed .goods and services to neighborhood
residents. This increases traffic congestion, .exacerbates an
already significan£ s~rplus 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 foli~ws:
18.41.037
Regulations.
Midtown Shopping. District Ground Floor.
The regulations in this Section 18r41.037"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 theprovisions 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)
.(3)
Animal care, but excluding-boarding and kennels;
Day care centers;’
(4) Eating and drinking services, except drive’in and
take-out services;
(5)Personal services;
(6)Retail services, excluding liquor stores;
(7) Reverse vending machines, subject to regulations
established by Chapter 18.88 of this code;
(8) Neighborhood business services.
010205 syn 0090762
Uses lawfull~ 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 Chapter 18.90 and paragraph (g) of
this Section18.41.037:
(I). Ambulance Services;
(2) Automobile"service stations, subject to site and
-design review in accord with the provisions of Chapter 1882;
(3)
( 4 )
Churches and religious institutions;
Convalescent Zacilities;
(5)Financial services;
(6)Mortuaries;
(7)Medical offices not exceeding 2,500 square feet in
area, professional offices, travel agencies, and insurance
agencies. No conditional use permit shall be granted unless the
City makes the additional findings in Section 18.41.037(g),
(including the finding that the office is. neighborhood serving). No
conditional use permit is needed for a medical office.replacing an
existing medical office without expanding it.
(8)Private clubs,, lodges, or fraternal organizations;
(9)Private educational facilities;
(i0) Utility facilities essenti~l.toprovision 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
facilities shall remain no more than five years;
such
(13)Farmer’s markets;
(14)Commercial recreation;
(15)Outdoor recreation service;
(16)Recycling centers.
010205 syn 0090762
4
(c)Prohibited Uses.
(1)Residential uses of anynature.
(2) Administrative office uses and general business
office uses (other than neighborhood-serving travel agencies and
insurance agencies), ~other than those lawfully in existence on
January 16, 2001.
(d) .Certification of New Neighborhood-Serving Office
Uses. Any office use occupy~ng-a particular ground 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 neighborhood-
serving use as defined in Section 18.41.037(g) before occupying 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 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 existipg business or
¯ practice. ~.
(e)M~ddlefield Road. Buildings fronting on Middlefield
Road are shown on Exhibit A. Ground ~loor 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 onJanuary 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 if the new medical office
is found to be neighborhood-serying and does not exceed 2,500
square feet.
(3) An existing ground floor office other than a medical
office may only be replaced with a~other 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 ground-floor
requirements:
610205 syn 0090762 5
(!) .. No space.on a. groundfloor o~cupied 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 existing ground floor office may be replaced with
another office of any type if thenew 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
neighborhood resource, and that it Will not diminish the retail
strength of the District.
(h) Definition of Neighborhood-Serving Use.. A
neighborhood servinguse is one that primarily serves individual
consumers and households rather than businesses, is generally
pedestrian oriented in design, and does not generate noise, fumes
or truck t~raffic greater than that.typicallyexpected for uses with
a local customer base. A neighborh0od-serving use is also one to
which a significant number of customers and clients travel,
including neighborhood residents, rather than the provider of the
goods or services travelling off-site.
(i) Exclusion of Certain.Office Buildings. 711, 719
and 721 Colorado Avenuei buildings not fronting on Middlefield
Avenue~ designed and used for office purposes, and not well suited
to other uses. are exempt from the provisions of this Section
18.41.037.
SECTION 3. The Council finds that this project is exempt
from the provisions of the Environmental Qua!ity. 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 ~uidelines.
//
II
II
//
Ol020S syn 0090762
..... : SECTION.~4~ ....... Effective Date and -Applicabiiity~ " This
ordinance was passed by a four-fifths vote after a public-h~rinq
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: January 16, 2001
AYES:BEECHAM, BURCH, EAKINS, KLEINBERG,LYTLE, MOSSAR, OJAKIAN
NOES:
ABSTENTIONS:
ABSENT: FAZZINO
AT~E~" .City Clerk U ~) ~
APPROVED AS TO FORM:
geni~ Asst. City Attorney
APPROVED:
Director of P~and
Community Environment
010205 syn 0090762
7
CN Zone
D,esignation"
Buildings with
Middlefield
Road FrontagS.
~ ~.-CN District ’
i~".~ BuildingsMidt°wn’ withSh°ppingMiddlefieldand Center.Frontage
~ ~ (1993 building footprints)
Attachment E
City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL 9
~ROM:CITY MANAGER DEPARTMENT: PLAN.NING AND
COMMUNITY ENVHtONMENT
DATE: JANUARY 16, 2001 ..CMR:107:01
SUBJECT: 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 Neighborhodd 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:
t)
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;
CMK:107:01
Page 1 of 9
3)
4)
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 conditionallypermitted 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, after conducting
property and business owner outreach. The five districts, were Charleston Center,
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 April2000.
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 Atiachmen.t C).
.The approachespresented in this staff report reflect the input received at the business and
15roperty 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 .shoppingareas 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 ComprehensivePlan 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:I07:01 Page 3 of 9
are thoseto which a significant number of customers or clients travel rather
than the provider of the goods or services trav.elling off=site."
This definition would assist in determining whether or nota 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
ai’ea. 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 ~djacent 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 thig 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-ne!ghborhood serving.
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 individual office tenant were desired, a CUP
would be required. In no event, could the total Square footage ofoffice 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:
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 fo~
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 strength of the Center.
"i~he third fmding would only be required for approval of conditional use permits for
neighborhood-serving medieaI and professional offices and insurance agencies and travel
agencies over .2,500 square feet in size and would not be required for the other
eonditionaily permitted uses in the CN. zone, as listed in Section 18.41.040 of the
Municipal Code.
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; aiad 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 resideiatial 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 us.e
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 CUP; 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 use may 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 f’mdings as listed above in the Charlest6n Center discussion would
be required for the Midtown Shopping District in those instances when a CLIP 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 andCommunity 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 Midtov~ Shopping District bY Section. 18.41.030 of the ~Iunicipal
Code. Size regulations ~s specified in Section 18.41.050(k) for~all permitted uses would
continue to apply as would all other Site development~arking and special requirements
of Chapter 18.41.
RESOURCE IMPACT
Existing Planning Division staff has been reassigned to develop proposed PAMC changes
regarding the Midtown Shopping District and Charleston Center. The same staff will be
a~signed to continue the evaluation needed along El 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’s 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:I07:01 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
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
CMR:4-24:00, November 20, 2000
Prepared by: Lisa Grote, Chief Planning Official
Susan Arpan, Manager, Economic Resources Planning
DEPARTMENT HEAD REVIEW:
G. EDWARD GA .
Director of Planning and Community Environment
CITY MANAGER APPROVAL: .
E~ ~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, C.A 94303
Mike Haley, 1579 Avalon Drive, Los Altos, CA 94222
David Lee, UniversityFlorist/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 El 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