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HomeMy WebLinkAbout2000-09-18 City Council (24)TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER City of Palo Alto City Manager’s Report 1 DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:SEPTEMBER 18, 2000 CMR:367:00 SUBJECT:WORK PROGRAM AND STATUS REPORT FOR ZONING ORDINANCE UPDATE This report provides the City Council with information regarding the work program for the Zoning Ordinance Update and the status of the project to date. Issues of concern identified by the City Council will be incorporated in the Zoning Ordinance Update process. BACKGROUND The City of Palo Alto’s Zoning Ordinance comprises Title 18 of the City’s Municipal Code. The City last prepared a comprehensive update of its Zoning Ordinance in 1978. Since 1978, the City has amended the Zoning Ordinance many times to address substantive and procedural issues of concern to the community. The resultant code, as is frequently the case after years of unrelated amendments, is confusing and complex for users and includes sometimes contradictory provisions. The existing Zoning Ordinance is also outdated with respect to present day land uses and technology. Members of the City Counc!l, Planning and Transportation Commission, public, development community and staff have all identified concerns with various sections of the current Zoning Ordinance and have suggested the need for modifications. In 1998, the City Council adopted an updated Comprehensive Plan, including approximately 50 programs and policies which would be implemented through an update of the Zoning Ordinance. The Planning and Transportation Commission has established the Zoning Ordinance Update as its highest priority. On May 15, 2000, the City Council included the update among its three highest priorities for the coming year. The City Council directed staff to prepare a work program to initiate the update effort. The work program was presented to and accepted by the Planning and Transportation Commission on July 12, 2000. A copy-of the work program was forwarded to the CMR:367:00 Page 1 of 5 Council at the time of Commission review, and is included in its entirety as an attachment to this staff report. DISCUSSION Staff has developed an extensive program to update the City’s Zoning Ordinance, in several phases, over the coming two years. The primary impetus for and emphasis of the effort is to implement the updated Comprehensive Plan, but the project will also allow the City to address other zoning issues of concern, and to develop a more user-friendly and accessible format. The work program proposes that staff would prepare the bulk of the document, with the extensive assistance of planning, design, legal and environmental consultants to provide resources for innovative zoning techniques and approaches, and ~o serve in a peer review capacity. Staff expects to present written quarterly reports to the Planning and Transportation Commission and City Council, and to conduct quarterly study sessions with the Commission to review the progress of the project. On a less frequent basis, but no less than twice per year, the work program anticipates joint study sessions with the Commission and the City Council. Public hearings before both bodies will, of course, be required prior to adoption of the updated Zoning Ordinance. The work program provides that the Planning and Transportation Commission will provide oversight for the Zoning Ordinance Update. The Commission is also expected to be an active participant in the workshops or working sessions with the consultants who will advise the City regarding innovative zoning techniques and formats. Status of Work to Date The initial phase of the Zoning Ordinance Update comprises the identification of issues to be addressed. The list of issues will begin with those 50-some programs and policies identified in the Comprehensive Plan as being implemented through the update. Many of the implementation actions have similar themes, such as enhanced design for transitional uses, higher intensity uses near transit, the use of design guidelines for specific areas or uses, creek and tree protection measures, and a more illustrative format for the Zoning Ordinance. These topic areas are likely to form some of the "modules" (groupings of topics) to be addressed during the update process. In addition, staff is actively soliciting input from the City’s boards and commissions, the public, and staff who are familiar with the Zoning Ordinance, to identify their particular concerns, whether related to substantive issues, procedural matters, or just to clarify or correct current language. To date, staff has: Presented the work program to the Planning and Transportation Commission on July 12, and considered its direction to assure the early involvement of all segments of the community; CMR:367:00 Page 2 of 5 Solicited comments from the Historic Resources Board on August 16, and noted Board member comments, particularly relative to the potential relocation of historic preservation provisions from Title 16 to the Zoning Ordinance (Title 18); Solicited comments from the Architectural Review Board on September 7. The Board stressed the need to address sustainability concerns as well as other environmental issues, to review nonconforming provisions, to modify signage requirements, to provide a more readable document with graphics, to thoroughly review zoning and development procedures, and to incorporate policies and interpretations into the Code, among other issues. Scheduled three community informational workshops to provide an overview of the update process, and to hear initial concerns of community members, including: Tuesday, September 19, at 7:00 p.m. at Cubberley Community Center Monday, September 25, at 7:00 p.m. at City Hall Council Chambers Wednesday, October 4, at 7:00 p.m. at Juana Briones School o Submitted advertisements to the Palo Alto Daily News and the Palo Alto Weekly, to run several times each, informing the public of the update process and announcing the community meetings; Created a public comment form for ready use by the public in providing input to the update (attached); °Established a dedicated e-mail address (zoneupdate@ciW.palo-alto.ca.us) for comments and questions regarding the Zoning Ordinance Update, to be reviewed frequently by project staff; and °Initiated a web page on the City’s web site, outlining the update process and providing links to the current Zoning Ordinance, to the workshop schedule, to the public comment form (with options to either respond directly online or to download and respond at a later date), and to the e-mail address for further contact. Staff is also maintaining an issues database to assure that all issues identified are recorded, retained, and addressed. The database can then allow the issues to be sorted according to relevant topic area, Code section, or other means to assure that all issues are addressed. Staff will be returning to the City Council and Planning and Transportation Commission at the conclusion of the Issue Identification phase, likely in late November or early December, with a summary of issues identified for consideration, and recommendations as to how to group the issues into manageable modules. CMR:367:00 Page 3 of 5 RESOURCE IMPACT The proposed-project represents an intensive effort to complete the updated Comprehensive Zoning Ordinance within a two-year timeframe. The project budget includes a commitment of one full-time Planner and one full-time Planning Technician, three-quarters of a Senior Planner’s time and one-quarter of the Advance Planning Manager’s time to this project. A portion of an Office Specialist’s time will also be required. Substantial time for a Senior Assistant City Attorney will be allocated to the project. Additional funding, from the City Attorney’s Office budget, will be available for outside legal counsel as directed by the City Attorney’s Office. It is staff’s intent to provide project working space away from the other demands of the Planning and Community Environment Department, to minimize the potential for these staff persons to be drawn away from the project. The cost for this space is not included in the cost estimates presented. Total Department staff costs are estimated at $562,200 for the two- year program. Consultant costs are estimated at $383,200, including planning and design consultants, outside legal counsel, a part-time contract planner, and environmental consultant(s). Costs for community outreach, printing and graphics, and equipment and supplies are estimated at $240,000. The total project cost is estimated at $1,185,400 over two years. Funding for the first year of the project, $612,600, has been identified. The Planning and Community Environment 2000-01 operating budget designated $155,190 in salary expense and $100,000 non-salary expense for the work with an additional $180,500 available from reappropriations and a carry forward encumbrance. Staff proposes to fund the remaining first year program costs, $176,910, through a combination of reallocating existing Planning and Community Environment budgeted resources and a potential mid- year budget appropriation. Staff’s proposal includes adding two and one-half positions for the duration of the work program, with staffing details to be provided at a later date. Staff will be agendizing this item at the earliest available Council date for action. Funding for these positions is included in the program costs cited above. Funding for the second year of the program, $572,800, remains unfunded. Staff will request Council authorization for the second year of the program through the 2001-2003 budget process. POLICY IMPLICATIONS This recommendation is consistent with existing City policy. TIMELINE The proposed project is scheduled to result in a draft Zoning Ordinance Update for distribution by August 2002. Public hearings would then follow and are anticipated to take another three to six months. CMR:367:00 Page 4 of 5 A proposed timeline for the project is attached to the work program. The schedule outlines each task listed in the work program, and also provides several checkpoints for Planning and Transportation Commission, City Council and public review of work products. ATTACHMENTS Attachment A: Zoning Code Update Work Program Attachment B: Public Comment Form PREPARED BY:Curtis Williams, Contract Planner Joan Taylor, Senior Planner DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: G. EDWARD GAWF ~ Director of Planning and Community Environment Assistant City Manager CMR:367:00 Page 5 of 5 Attachment A ZONING ORDINANCE UPDATE WORK PROGRAM Staff has developed an extensive phased program to update the City’s Zoning Ordinance over the coming two years. The primary impetus and emphasis of the Update is to implement the updated Comprehensive Plan; however, the project will also allow the City to address other issues of concern including the development of a more user-friendly and accessible format. The work program indicates that Planning Division staff will develop and write the document in conjunction with the City Attorney’s Office, with extensive assistance from planning, design, legal and environmental consultants. The consultants will provide resources to explore innovative zoning techniques and approaches and will serve in a "peer review" capacity. Objectives and Principles A number of objectives and principles will form the basis for the City’s Zoning Ordinance Update. The Update is intended to: Implement the 1998 Comprehensive Plan. Reflect modern land uses and land use issues. Explore innovative zoning techniques and formats. Simplify and improve the internal organization of the Ordinance. Clarify terms and definitions. Make the Code more user friendly, easier to understand and apply. Enhance the Ordinance’s online usefulness and interactive capabilities. Provide a code that implements Palo Alto’s commitment to enhance and modernize its development services. Make the Code "enforceable" with minimal intrusion onto private property Result in no substantial adverse environmental impacts Minimize non-conformity other than where deemed necessary to accomplish other objectives. Overview of the Update Process The Zoning Ordinance Update will be prepared by Planning staff dedicated to the project, with the active involvement of the City Attorney’s office. Staff resources, including the equivalent of a minimum of three full-time professional staff, would be committed to the project officed together to minimize the potential for diversion to other Planning Department projects. Staff’s work will be supplemented with extensive input from planning, design and legal consultants to assure that the City has fully explored all potential innovations and alternative methods for the preparation of the Zoning Ordinance. The combination of in- Zoning Ordinance Update: Work Program Page 2 house staff with consultant assistance has several advantages over the use of a primary consultant or in-house staff only: Staff brings to the effort extensive knowledge of the City, the Comprehensive Plan, the current Zoning Ordinance, and the issues that are of concern to the community, minimizing a consultant’s "learning curve". Use of in-house staff enables close integration with day-to-day planning functions and other City staff. The extensive use of consultants as technical resources and for "peer review" will allow the City to take advantage of several different consultants and their varying expertise, rather than relying on one or a couple for input. The Update may then be tailored to the specifics of Palo Alto, choosing among a number of approaches and techniques that may be presented by the consultants. Staff notes that it is anticipated that the Zoning Ordinance Update will not include zoning studies or re-zoning of parcels (though the Ordinance may result in the renaming of zoning districts and revision of district standards). The Update is expected to result in no significant environmental impacts and thus, not require the preparation of an Environmental Impact Report. Also, it is expected the R-1 review will be completed prior to the comprehensive Zoning Ordinance Update process. Any R-1 zone district changes would be incorporated in the new Ordinance. Planning and Transportation Commission Role The work plan anticipates the Commission will function as the oversight committee to address policy issues. Quarterly reports will be transmitted to the Commission and quarterly study sessions will allow the Commission to provide frequent discussion and input for the Update. The City Council will be regularly informed on work program progress, and will be involved periodically through study sessions with Commission to consider major policy issues identified by the Commission and staff. Work Phases The process for updating the Zoning Ordinance will encompass six work phases, as follows: Phase 1." lssue Identification The initial phase of the project will comprise a comprehensive analysis of all of the many issues that must be addressed by the Update. The issue identification phase will include, at a minimum: Zoning Ordinar~ce Update: Work Program Page 3 Careful review of the Comprehensive Plan policies and programs to identify those necessary to address with the Zoning Ordinance Update and those beyond the scope of the project. Three public "scoping" workshops, in different geographic locations in the City, to solicit public input; additionally, written and online information will be provided to residents and businesses, allowing for response by mail, phone, e- mail, fax, or in person. Request for City Council, Commission, and Architectural Review Board input on areas to be addressed. Compilation and categorization of responses, along with the appropriate Comprehensive Plan implementation measures and preparation of an interim "action issues list" by staff. Presentation of the Comprehensive Plan implementation measures and the "issues list" to the City Council and Commission at a joint study session to consider and determine the initial scope of the work effort. Time-Frame: Approximately three months. Phase 11: Review Format and Zoning Techniques The second phase of the work effort will include research and review of a number of zoning techniques and code formats used by other cities. While it will be important to assure the final document is consistent with the remainder of the Municipal Code, there are many alternative techniques to achieve the City’s goals, as well as various formats for presenting the City’s regulations. This phase of the study will include: Literature search of the organization and format of zoning codes throughout the country. Solicitation of expert input (planning and design consultants) regarding zoning techniques, Code design, etc., through a series of meetings with staff and/or seminars or workshops with interested parties. Development of "format principles" for the document format (e.g., assuring common and prescriptive language, definitions and standards are cross- referenced, that general provisions precede specific provision, etc.) Preparation of a preliminary format and outline for the Zoning Ordinance. Presentation of the format and outline to the Commission, and then the City Council as appropriate, for comment and direction. The format and outline for the Ordinance will likely be modified throughout the process, but the initial direction will provide a working framework for the revisions. Zoning Ordinance Update: Work Program Page 4 Time-Frame: Approximately three months. Phase 111." Draft Ordinance Modules To make the Update manageable, staff believes that issues should be grouped into working "modules". While the modules would be defined more precisely after the issue identification phase is completed, a likely grouping would include: Uses - zoning districts, permitted and conditional uses, mixed uses, emerging uses, Planned Community district issues, and small lot residential use zone(s). Development Standards - Floor Area Ratio and densities, performance standards, overlays, transfer of development rights, and parking; may include separate modules such as: = Urban Design - residential, non-residential and the role of Design Guidelines = Transitional Uses and Standards - addressing relationships between uses, especially adjacent to single family residential = Increased Intensity - transit-oriented and housing affordability ~ Environmental - trees and creek protection ~a Landscaping Procedures - general regulations, approval authority, interpretations, appeals, enforcement Nonconforming Uses and Structures - site specific, citywide or areawide, amortization Format - layout, graphics, online capabilities Note: While these issue modules are intended to be addressed discretely and sequentially, there will inevitably be considerable overlap, and some modules will need to be revisited (and revised) based on later determinations. For each module, the following process will be used to develop draft ordinance sections: Review possible approaches and techniques available to address the pertinent issues, in the form of study sessions, seminars, or workshops as deemed appropriate. Prepare draft language for Ordinance revisions. Use "focus groups" as appropriate to assess concepts, format, and proposed language; revise accordingly. Present draft language for the module (or, more than one at a time) to the City Council and Commission at a study session. Provide periodic public workshops to solicit public input regarding proposed revisions. Zoning Ordinance Update: Work Program Page 5 Time-Frame: Approximately fifteen months. Phase IV." Compile. Comprehensive Revision The fourth phase of the Update process will involve the compilation of modules into a comprehensive document. This process will include: Identification and resolutions of any inconsistencies remaining between the modules. Finalization of the format, graphics, and online capabilities of the Ordinance. Preparation of a Draft Zoning Ordinance Update. Distribution of the draft for public review. Time-Frame: Approximately three months. Phase V." Environmental Review An underlying principle of the Zoning Ordinance Update effort is there should be no revision(s) which result in significant adverse environmental impacts and, therefore, no need to prepare an Environmental Impact Report (EIR). It is assumed the Comprehensive Plan EIR will provide the framework for the Initial Study and subsequent environmental review for the Update. Subsequent project reviews and rezoning requests would require additional environmental review. An environmental consultant will be retained at the beginning of Phase I and as necessary throughout the process, to review each phase of the revision, and to advise on measures to assure that environmental thresholds of significance are not exceeded. Final environmental review will be completed in conjunction with Phase IV (Compile Comprehensive Revision). Time-Frame: Ongoing from start of project. Phase VI: Workshops and Public Hearings on Comprehensive Update The final phase of the Update process will include extensive public review of the Draft Zoning Ordinance Update. Staff will conduct a series of public workshops, followed by public hearing(s) before the Commission and City Council. Time-Frame: Approximately three to six months. Public Participation Opportunity for public participation will be an integral part of the Zoning Ordinance Update. The public will be involved throughout the process as follows: ¯Zoning Ordinance Update: Work Program Page 6 During Phase I (Issue Identification), notice will be provided to all city residents and property owners outlining the process and requesting their input via written comments, e-mail, or phone. There will also be up to three public workshops in varying locations in the City to inform the public about the process and to solicit input. An initial overview of the project and quarterly status reports on the process will be available on the City’s website. An online e-mail address will be maintained throughout the Update to allow for continuing input to staff and consultants. Public workshops will be held periodically to review the interim products of the Zoning Ordinance Update. As necessary and appropriate, "focus" groups will be convened to review specific topic areas. These groups will be comprised of a variety of interested and affected parties, and would typically include representation from residents, property owners, environmental, and business and development interests. A public workshop(s) will be held to review the draft ordinance. Both the Commission and City Council will conduct public hearings, prior to action. The project schedule also calls for quarterly written reports and study sessions with the Commission and semi-annual joint study sessions with the Commission and the City Council to review draft work products. These sessions will provide further opportunities for the public to learn about the project.Key points of public input are outlined on the attached timeline. Use of Technical Consultants Staff proposes to use consultant services in two ways: 1) to serve as a technical resource to assist staff and the community to fully explore all potential innovations and alternative methods for the preparation of the Zoning Ordinance; and 2) to provide "peer" review as the document is drafted, including editing for style, grammar and "readability". The technical consultants will be drawn from local, regional, and nationally known planning and urban design professionals with knowledge of zoning code formats, innovative zoning techniques, urban design approaches, parking and transportation standards, graphics and online options. This approach will allow staff to understand and choose from a variety of techniques and approaches those that best suit Palo Alto. Staff also expects the consultants to share expertise with staff, the public, the Commission and City Council by conducting a series of workshops or seminars allowing for a free exchange of information which should benefit the Update effort. Zoning Ordinance Update: Work Program Page 7 Staff also expects the City Attorney’s office to retain outside counsel to assist them in reviewing legal issues. As mentioned previously, an environmental consultant(s) will also be brought in at an early stage to assure that the update does not entail any significant environmental impacts which might trigger the need for an Environmental Impact Report. The proposed project represents an intensive effort to complete the updated Comprehensive Zoning Ordinance within a two-year timeframe. The estimated project budget includes a commitment of one full-time Planner and one full-time Planning Technician, three-quarters of a Senior Planner’s time and one-quarter of the Assistant Planning Official’s time dedicated to this project. A portion of an Office Specialist’s time will also be required. Substantial time for a Senior Assistant City Attorney will be allocated to the project. Additional funding will be available for outside legal counsel as directed by the City Attorney’s Office. It is staff’s intent to provide project-working space away from the other demands of the Planning and Community Environment Department, to minimize the potential for these staff persons to be drawn away from the project. Total staff costs are estimated at $562,204. Consultant costs are estimated at $383,200, including planning and design consultants, outside legal counsel, a part-time contract planner, and environmental consultant(s). Costs for equipment and supplies, printing and graphics, and community outreach materials are estimated at $200,000. Alternatives to reduce the budget would involve either lengthening the project by relying more extensively on available staff and/or committees, or deletion of some or all of the consultant expertise, which staff believes would compromise the quality of the project, Increased use of consultants to minimize staff time would probably increase the total project cost. Schedule The project is scheduled to result in a draft Zoning Ordinance Update for distribution by August 2002. Public hearings would then follow and are anticipated to take another three to six months. An intense effort will be required to comply with this compressed schedule, including dedication of the necessary staff and consultant resources. A proposed timeline for the project is attached. The schedule outlines each task listed in an earlier section of this report, and also provides several checkpoints for Commission, City Council and public review of work products. Zoning Ordinance Update: Work Program Page 8 Coordination This work program and report have been coordinated with the City Attorney’s office. ATTACHMENTS Attachment A: Work Program Diagram Attachment B: Timeline PALO ALTO ZONING CODE UPDATE WORK PROGRAM POLICY DIRECTION UsEs ~~BAN DESIG~ a ~ _.o ,~ Attachment B CITY OF PALO ALTO ZONING ORDINANCE UPDATE Comment Form Please use the space below to indicate your concerns or comments regarding the City’s Zoning Ordinance (Title 18). Be as specific as you can about how you suggest the Ordinance should be changed to address your concern(s). Please use additional pages or as many forms as necessary to provide your comments. c omments: If you know the Code Section(s) that applies to your concern(s), please indicate: Contact information (optional): Name: Address: Date: Phone:E-mail: Thank you for your interest and participation. Please retum this form to the Planning Division, City of Palo Alto, 250 Hamilton Ave., Palo Alto, CA 94301, or Fax to (650) 329-2154, or E-mail to: zoneupdate@city.palo-alto.ca.us. If you have questions, please contact the Planning Division at (650) 329-2441.