HomeMy WebLinkAboutStaff Report 10270
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
April 22, 2019
The Honorable City Council
Palo Alto, California
SECOND READING: Adoption of an Ordinance of the Council of the City
of Palo Alto Amending the Setback Map of the City of Palo Alto to
Eliminate the 50-Foot Special Setback Along Hansen Way for 3200 El
Camino Real (FIRST READING: April 1, 2019 PASSED: 7-0)
This Ordinance was first heard by the Council on April 1, 2019, where it
passed 7-0. The final motion is listed below.
PUBLIC HEARING/QUASI-JUDICIAL: 3200 El Camino Real [17PLN-00156]:
Consideration of an Applicant’s Request to Adopt an Ordinance Amending the
Setback Map to Eliminate the 50-foot Special Setback for the Subject
Property Adjacent to Hansen Way; and Consideration of a Request for
Approval of an Architectural Review Board Application Allowing the
Demolition of the Existing Building and Construction of a new 99-Guestroom
Hotel Development. The Request Also Includes a Reduction in Parking to be
Off-set by Valet Parking. Environmental Assessment: An Initial
Study/Mitigated Negative Declaration was Circulated for Public Comment
From December 4, 2018 to January 3, 2019. The Planning and
Transportation Commission Recommended Adoption of the Applicant’s
Proposed Map Amendment on December 12, 2018. Zoning District: Service
Commercial (CS).
MOTION: Council Member DuBois moved, seconded by Council Member Kou
to:
A. Adopt the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program as set forth in the Record of Land Use Action;
B. Introduce an Ordinance amending the Setback Map to eliminate the
special setback for the subject property including recommended
restrictions made by the Planning and Transportation Commission;
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C. Adopt the Record of Land Use Action approving the Architectural
Review, based on findings and subject to conditions of approval as
recommended by the Architectural Review Board with the added
conditions:
i. Standard condition for Transportation Demand Management
(TDM) program and reporting;
ii. Condition for participation in the Palo Alto Transportation
Management Association (TMA); and
D. Maintain the right turn lane in an appropriate design as determined by
Staff
AMENDMENT: Vice Mayor Fine moved seconded by Council Member Kniss
to remove Motion Part D.
AMENDMENT WITHDRAWN BY THE MAKER
MOTION SPLIT FOR THE PURPOSE OF VOTING
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to amend the Motion Part D to state “…capacity in
an appropriate design as determined by Staff working with Caltrans.”
MOTION TO BE VOTED ON AS WHOLE
MOTION AS AMENDED RESTATED: Council Member DuBois moved,
seconded by Council Member Kou to:
A. Adopt the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program as set forth in the Record of Land Use Action;
B. Introduce an Ordinance amending the Setback Map to eliminate the
special setback for the subject property including recommended
restrictions made by the Planning and Transportation Commission;
C. Adopt the Record of Land Use Action approving the Architectural
Review, based on findings and subject to conditions of approval as
recommended by the Architectural Review Board with the added
conditions:
Page 3
i. Standard condition for Transportation Demand Management
(TDM) program and reporting;
ii. Condition for participation in the Palo Alto Transportation
Management Association (TMA); and
D. Maintain the right turn capacity in an appropriate design as
determined by Staff working with CalTrans.
MOTION AS AMENDED PASSED: 7-0
ATTACHMENTS:
• Attachment A: Parmani Ordinance (PDF)
Department Head: Beth Minor, City Clerk
Page 4
Page 1 of 5
Ordinance No.___
Ordinance of the Council of the City of Palo Alto Amending
the Setback Map of the City of Palo Alto to Eliminate the 50 -Foot Special Setback Along
Hansen Way for 3200 El Camino Real.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. The City Council finds as follows:
(A) The Planning and Transportation Commission ("Commission"), after a duly noticed
public hearing on December 12, 2018, has recommended that the City Council of the City of Palo Alto
("Council") eliminate the 50-foot special setback along Hansen Way for the subject site (3200 El
Camino Real, Exhibit 1 and 2).
(B) The Planning and Transportation Commission has reviewed the facts presented at
the public hearing, including public testimony and reports and recommendations from the director of
planning and community environment or other appropriate city staff.
(C) The Planning and Transportation Commission finds that the subject site is within the
CS Service Commercial boundary.
(D) The Planning and Transportation Commission finds that the elimination of the 50-
foot special setback for the subject parcel is in accord with the Palo Alto Comprehensive Plan, in that
the Comprehensive Plan designation of the site is CS Service Commercial and that the elimination of
the special setback does not cause the site or its proposed development to be inconsistent with the
Comprehensive Plan or South El Camino Real Design Guidelines.
The project is consistent with the following Comprehensive Goals and Policies:
• GOAL L-1: A compact and resilient city providing residents and visitors with
attractive neighborhoods, work places, shopping districts, public facilities and open spaces.
• Policy L-1.3: Infill development in the urban service area should be compatible
with its surroundings and the overall scale and character of the city to ensure a compact, efficient
development pattern.
• GOAL L-4: Inviting pedestrian scale centers that offer a variety of retail and
commercial services and provide focal points and community gathering places for the city’s residential
neighborhoods and employment districts.
• Policy L-4.3: Encourage street frontages that contribute to retail vitality in all
Centers. Reinforce street corners in a way that enhances the pedestrian realm or that form corner
plazas. Include trees and landscaping.
• Policy L-4.6: Sites within or adjacent to existing commercial areas and corridors
are suitable for hotels. Give preference to housing versus hotel use on sites adjacent to predominantly
single-family neighborhoods.
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• Policy L-4.15: Recognize El Camino Real as both a local serving and regional
serving corridor, defined by a mix of commercial uses and housing.
(E) The Council held a duly noticed public hearing on the matter on April 1, 2019, and
has reviewed the Mitigated Negative Declaration prepared for the project and all other relevant
information, including staff reports, and all testimony, written and oral, presented on the matter.
SECTION 2. The Council finds that the public interest, health and welfare
require an amendment to the Setback Map of the City of Palo Alto (PAMC section 20.08.020) as set
forth in Section 3.
SECTION 3. The Council hereby amends the Setback Map of the City of Palo Alto
(PAMC section 20.08.020) to eliminate the 50-foot Special Setback for the subject site (3200 El Camino
Real) (Exhibit 1) for Mixed-Use and Hotel uses. The 50-foot Special Setback shall remain for all other
land uses.
SECTION 4. To the extent permitted by law, the applicant shall indemnify and hold
harmless the City, its City Council, its officers, employees and agents (the '"indemnified parties) against
any claim, action, or proceeding brought by a third party against the indemnified parties and the
applicant to attack. set aside or void, any pern1it or approval authorized hereby for the P roject.
including (without limitation) reimbursing the City its actual attorney’s fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its own choice.
SECTION 5. The Council hereby finds that this setback map amendment is subject to
environmental review under the provisions of the California Environmental Quality Act (CEQA). An
environmental assessment and mitigated negative declaration was prepared for the project and it has
been determined that all potentially adverse impacts that would result from the setback map
amendment can be mitigated to a level of insignificance; therefore, the project would have no
significant impact on the environment.
SECTION 6. This ordinance shall be effective upon the thirty-first (31st) day after
its passage and adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
______________________________ __________________________
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City Clerk Mayor
APPROVED AS TO FORM: __________________________
City Manager
_______________________________
Deputy City Attorney
___________________________
Director of Planning and Community
Environment