HomeMy WebLinkAbout0514.091: i
-
Decembe, 12, 1991
HONORABLE CIT! COUNCIL
Pa'. Alto, (.lifo,"i.
Lvtt~n Plaza Park Improv~nt
~mbers of the Council
REPllFJ IN BRlEF
15
T"1$ report identifies recommendations made by t~e P]anning Commission on
improvements for lytton Pl~za proposed by Rhode and Associates, operator of
the Burger King Resta~rir.t. The prcp~sed improvements ire discussed in the
itt ached report and site plan sent to the Planning Commission on October 25,
]991. [n addition, the Cit~ Council is requested to act on a park improvement
rdinance enabling placement and constructior. of the improvements described in
the Planning C~isslon report.
RECO!!!ENDATION
Prior to acting on this proposal, the Planning Commission incorporated into
its recommend~t;on modifications to the findings and (onditions described in
the October 25, 1991 report to the Planning Commission. These changes were
suggested by staff at the October 30, 1991 Commission meeting.
The Planning Commissl0n recommends City Council approval of the proposed
improvements to lytton Plaza by adcptior. of the following findings and subject
til the 1'ol1o",i09 tonaitioflS. lr. addi.tion, staff recoOO1ends City Counc.il
approval of the attached park improvement ordinance.
fINDINGS
1. The proposed 'impro'len-ents and I.IS~ of the P1Ul are c.ompatible wi.th
existing uses on adjoining and nearby sites in that these impro~e~~nts
will conform to the existing pattern of use of the Plaza;
2. The proposed improvements .il1 not have an adverse affect on the
enyiron~nt as shown in the attached Negative Declaration and
additionally the applicant ~ill prQ~lde for cleanup and ~aintenance of
the Plaza in excess of normal City requirements; and
3. The pr~posed use and imprQ~ements to the Plaza are consistent witn the
Comprehensi~e Plan in that they should (ontribute to vitality and
ambiance of the Downtown business district; and
CMR:514:91
•
.. ,'
-"'1 I ....... 1
•
o
4. The proposed use and improvement~ ~il1 be incidental to park operation,
in accordance with H,e Pf l'Oning.
CONDITIONS
1. The appHcant shan obtain it: temporary Tease with th-e City, and a park
improvement ordinance shan be approved by (H,Y Council pri{lr to
commencing the ;nstal1ttion of the proposed improvements.
2. General public use of the tables, chairs and' umbrellas provided by the
applicant shall be assured.
3. Design of the proposed benches shall be at least 5 feet in widtn~ shalT
hive bacKs and shall return to staff for design appro~a'.
4. Design of the proposed storage shed shall return to staff for design
approval.
5. No pay ~honas shall be installed as part of tflis approval + Proposed pay
phones shall return to the ARB for separate approval.
5. Approval shall be ohtalneo from the Public oorks Dep.rt~ent frior to
drilling holes in tne Plaza for ins,allat1on of tne proposed umbrella
stands.
Respectfully submitte~ • . -.
{(vI (: C/L .. '~~"'L-
/p
GtORGE IIMME~
Assistant Planning Official
KEtmETH R. SCHREIBER
Director of Planning and
Community [n~ironment
Attach"",nts: (1 )
(2)
(3 )
(4)
Report to the Planning Commission of October 25~ 1991, o~
lytton Plaza Park Improvements {including attachments)
E~cerpt of 10/30/91 Planning Commission minutes
Park Improvement Ordinance
Site Plan (City Council Members only)
cc: Planning Commission
Architectural Re~iew Board
Rhode Bnd ,e.ssoci ates
Carrasco and Associates
Oowr.town Marketing Corrrnittee
Palo Alto Chamber of Commerce
CI\R;SI4:91
p: \CMR;\l),ucm"i<
12/12/91
P,ge 2
.)
City of ,Palo ~lto
October 25, 1991
PLANNiNG COMMISSIC~
Palo Alto, Ca1iforn1a
~ 0 &C:t 10150
PAW ALTO, C,A,JJmR;NI.-. 9~]oJ
LYTTON PL~.ZA PARK IMPROVEMENTS
H' E NUMBERS 91-EIA-24. 91-ARS-IOS
Members of the Commissicn:
REPORT IN BRI EF
This. report and attac:ned site plan describe ar)d m~ke recorrmendations on
proposed im.-r'ovements for lytton Plua. These irT',provernents. proposed by Rohde
ar~ A~50ciates~ who own the franchise tc t~~ adjacent Bu~ger King Rest~urant,
include prevision of tables, chair~ and umbrellas and modification of eXisting
pub1ic ~eating areas. The proposal a150 includes placing an espress~ bar on
the Plaza adjacent to the restaurant.
BACKGROUND
lytton Plaza is a 8.S00-square-foot urban City park at the southeast corner of
University A~enue and Emerson Street. It is zoned PF. Public Facility. 1t
was dedicated as i park facility in 1982. On the east side of the Pla!i is
the Burger King Restaurant and on the south side of the Plaza is Public
Parking Lot N.
On December 11. ]983, the City issued Burger King Restaurant an encroac~ment
permit allowing direct access from the restaurant onto lytto~ Plaza. In
return for granting this a;::cess, BurgH Kiilg agreed to rr.aintain the Plaza by
kaepin~ the pavement and landscaped ar~as free of litter.
PROJECT D,SCRIPTION
The ap?licant is proposing to lease a portio~ of lytto~ Plaza in order to
install tables, chairs and umbrellas for use by the general public and
restaurant ;>atrons, and to place a food cart on the Plaza to sell coffee and
snacks {see attached site plan). Since this Plaza is a dedicated park site,
the City Council must approIJe a park improvel':lent ordinance to permit the
proposed improvem'Ents, and the applicant must NIter into a temporar,Y lease
~itn the City. WhtTe the park impro~ement ordinance is not re~iewed by the
Planning Comrnissicn, the C.ouncll .... ill reIJiew the Commission's comments on the
p: \pcsr\ Iyttcnplo:. 10/15/g1
Page 1
•
-
o
proposed improvem£!nts to the Plaza .... hen it acts an the ordlnaliCE!. A 'temporary
lease, wr.;ch 'is 511T.llar to an encroachment permit, .... '11 b~ issued by the
ManaGer of Real Estate provided the City Council approves the park improvement
ord ; n ance.
5ipeciflc d1anges proposed for the Plala are as follows.
Install 3 umbrellas, 8 tables and 32 chairs for use by Burger K~ng
customers and b~ the general pub1ic. The tables arod chair> are
traditional dark 9reen wood and steel Parisian lawn furniture, ~ith
tradit1<lnal If.3.rket umbrellas. They would be made illo'ailable for the
general public and patrons of Surger King;
Provide iii moveable cart for selling coffee and snacks. The cart will be
taken inside Burgar King at night;
Construct iii shed addition to t~e existing bui1ding for night storage of
the tables, chairs and umbrellas. The applicant will initially take t~e
furniture int~ the restaurant at night, ~ait;ng to see if the outdoor
seating is a success before constructing the shed;
Tne existing planter in the north corner of the Plaza will be moved
approximately 12 feet west; and
Remove the existing bEnch attached to the stone wall that is adjacent to
Public Parking lot N. ReplacE this bench ~ith four new 4-foot benches
to be located at the front and street side of t~e existing planti~g
area.
The applicant, Rhode and Associates, has agreed to be responsible for:
Removing the bench along the scuthern edge adjacent to the stone wall;
Steam cleaning the entire Plaza semi-annually whenever restrictions on
water usage are lift~d;
Maintaining litter co~trol in th~ Plaza thro~9hout each day; and
-Maintaining hours of operation fer the restaurant between 7;00 a.m_ and
midnight.
COMMENT
Staff supports the project as it is proposed, with severai suggested
modifications. Regarding the proposed replacement and relocation of the
public benches, staff believes that: 1) the four new benches should be at
least 5 feet rather than 4 feet 1n 1ength so that two in~i~idLa's could sit
comfortably on them 'While eatil<g lunch or enjoying a snack.; and 2) the benches
should have baCKS so that people sittir-g on them would be more comfortable.
In thls regard, staff will restate 'its orlginal recommendation to the
10/25/91
Pago 2
I
I
j ,
>
't~~.
,~;., ,.---_.' .. ' -:._--,----
Architettural Reyiew Soard (ARB) th3t th~ applicant return to staff for
approval regarding the design of the benches. The ARB, in its revje~ of this
proposal, deleted tnis recommendation.
If the applicant decides to bu,ld and use a shed for storing the tables and
chairs~ staff also belie"ves that the applicant should return to staff for
design approval in order te assure that: I} t"-e design 1$ compatible with the
Plaza and the restaurant facade; and 2) the access 1inking the Plaza with
Parking lot N is enhanced rather than impaired.
ARB Review
~)I"" -:
'~'::', -c
On October 3, 1991, the ARB reviewed and endorsej' the improvement pl ans for
lytton Plaza with the following conditions:
1. The applicant shall obtain a temporar, lease with the Citj, and i
park improvtament o,dinance shall be approved by City Council prior
to installing the propvsed improvements.
2. No pay pnones shall be installed as part of tnis ap~roval.
Proposed pay phones shall return to the S~ard for separate
aHrQval ~
3. Approval shall be {lbtained fr{lm the Public works DepartmEnt prior
to drilling holes in the Plaza for i~stal1ation of the proposed
umbrella stands.
Individual ARB members also suggested placing some bicycle lockers in the area
of the Plaza between the rectangular planting area and the wall by the parking
lot.
SUMMARY AND CONCLUSION
The proposal by Rohde and Associates to add tables and chairs and possibly
umbrellas to a portion of lytton Plaia and to relocat~ public benches toward
the center of the Plaza should provide positive benefits to tile Plaza. This
proposal should exp.a:1d public \.Ise of the Plaza by consolidating activities
toward the (enter area. This pr0posal also sho~ld e~ha~ce the appearance of
this .site ..-ith the addition of the tables. chairs and umbrellas, and. a.s i!.
result, c:ontribute to the overall vitality and ambianc.e of this pub1ic open
space in Downtown Palo Alto.
The prinCipal issue of this proposal is the leasing of a portion of a
dedicated public. park Site to a commercial b~siness for use by both the
members of tne public and patrons of a commercial establlshment. Stilff
believes that the potential benefits of this proposal including the like1ihood
of greater public. ~se of this intensely urban open space, expanded amenities
and assured private-maintenanc~ of the paved surfaces more than justify ttle
leasing of i portion of this Site to i! commercial business. In addit1on, the
functions of this urban open space sHe would not change. The Plaza has-and
10/25/91
Page 3
,~~~'i
-
. -J
o
~ould continwe to be used by the general pub1ic a~d patrons of the ldjac~nt
Burger King.
In summary, staff believes that the issuing of a lempcrayy lease to a
c.ol'llTlercial business for a section of the Phza and Council approllal of a park.
im9rovem~~t ordinance would result in substantial be~2fits to lytto~ Plaza and
to Downto·,.,.r. Palo Alto.
REcOMHEKDATlON
Staff recolTlTlends that the Planning C.ommission recommend to the City Council
approval of the proposed improvements to Lytton Plaza an1 the Negative
Declaration b,Y adoption of the fo11owing findings and subject to the following
conditions.
FINDINGS
1. The proposed improvements and use of the Plaza are compatible with
e.xisting uses or; adjoining and nearby sites in that these improvements
will conform to the existing pattern of use of the Plaza;
2. Th~ proposed improvem~nts wn 1 not ha'fe an adverse affect on the
environment as shown in the attacned Negative Oeclaration and
additiona1ly the apPlicant will provid~ for cleanup and maintenance of
the Plaza in excess of normal City requirements; and
3. The pr~posed use and improvements to the Plaza are conSistent with the
Co~prehensive Plan in that they should contribute to ~itality and
ambianc.e of the Downtown business dist'-,ct;
CONDITIONS
1. The app1icant sha1l obtain a temporary lease ~ith the City, and a park.
improvement ordinance shall ba approved by City Council that the use
wjll b. incidental to park operation [Section 18.32,030(0) of P.A.M.C.]
prior to commenCing Ue installation of the pruposed improvements.
2. General public use of the tables, chairs and umbrellis provided by the
applicant shall be assured.
3. Oesign of the proposed bend1es shall be at least 5 feet in ~idth, shall
have backs and sha11 return to staff for design approval.
4. Design of the proposed stora~e shed sha1l return to staff for design
appro'w'al.
5. No pay phones shall be installed as part of this a~prClval, Proposed pay
phones sha1l return to the ARB for separate appro~al.
~~\ilcsr\ly:tc:mpk
. "
10/25/91
Page 4
•
ooi
I
I
1
!
· .
> •
r--.
6. Approval snill be obtained from the Pub1ic Wvrks Department prior to
drjlling tloles in the Plaza for installat'ion of the proposed umbre1la
stand's.
~.,pectful'y submitted,
q~C'~ ~ 'Z~~
CEORGE zl1ie,4" ~._ ... _
Assistant Planning Official
JAMES E .• llllLANO
~anager Planning Projects
Attichments: 1.
2.
3.
4.
Site Plan (for Planning Commission Members only)
Letter of 9/ 6/91 from len Rohde
EIA
Excerpt: ARB Minute, of October 3, 1991
cc: Architectura1 Revte~ Board
Bill Fellman, Manager, Rnl Property
Lynne Johnson, Assistant Police Chief
Mike Hiller, Deputy Director, public Works Operations
Don Piana, Parks Superintendent
Do~town Marketing (ommittpe
Palo Alto Chamber of Commerce
p: \pcar\ Iyttonpk 10/25/91
Page 5
1
I
1
!
C1 5 ¥+
BURGER
KING
"4Mww'
September 6, , 9 91
Mr. George Zimmerman
Manager of Special projects
City of ~alo Alto
Planning Dept.
250 Hamilton ~ve.
palo Alto, CA 943Q1
Dear Mr. timmerman:
· --.--_ .• _,--_ ...... _ .... -..... '
DiPA.CfTM(NT n" NANNINC ••
CITY Of PA[Q HTO
91-/tR8-{(,It,
9/-£IA-~<{
I h~ve owned a~d operated the Burger King at
220 University Ave. adjacent to Lytton Plaza fo~ five
years. The appeaLance of Lytton Plaza and the
activities within the pla2a ace of vital importance
to our operation. It is currently o~r ~olicy to
r~9ularly ?iCK up all litter within the plaza and
we have also provided trash receptacles and landscape
planters in the plaza beyond the r~quirements of the
use permit approval.
The plaza is a valuable city asset ~hich occupies
a prominar.t location on University Ave. The prof)osed
plan offers the opportunity to better utilize the
pote.ntial of this valuable p~cperty.
We are requ2sting a temporary' lease for a portion
of Lytton Plaza. This letter with the attached plan
provide a ~~scription of the various elements of the
plan including lease line, trash receptacles, planters,
bike rack and other elerr.€nts as sho'..:n on plans.
As the tenant I will provide the follcwing:
* A maximum of eight tab]~s and thirty-two seats
... itr.in the l~ase ar:ea eu-=. .E-heets of type sho'.m on
pl~ns. Tables an0 chairs will be available fc~ use
by {:he gene!~ar public. We resp.,'.,€. the right tc refuse
usa~e of th~ f~rnjture to anyon~ ~~o damages or def~ces
it.
,
100 .... ' e., ~INQ AEAk sun e. 7fi:1 ~T, ,,~~w CAl'FOIlN'.o. $'040
"-_. __ .-....
,-.. o
A cart for serving coffee and other nonalcoholic
beverages. ~lso available for sale ~ill be asscciated
foods ~hich do not require on-site cooking. * Three umbrellas added inside the lease area as
shown on the plans. The footing for the umbrellas
~ill be core drilled with a cover flap that ~ill shut
the hole wh~n the u~brella is removed. * Four conctete berches added around ~estern and
northern perimeter of planter as shown on plans.
* Stora~a ~rea as shown en plans built per plans
approved by the ARB at the discretion c: the leasee
if in his opinion the coffee cart enterprise is
suc~ess!ul. Before the storage area is built, the
chairs and cart will be stored inside Burger King.
Storage room needs to be high enough to accommodate
the coffee cart.
As tenant we agree to be responsible for:
* Removal of the bench along the southern edge
adjacent to the s~one wall.
* Steam clea~ing the entire plaza semi-annuallYt
d~p~ndi:1g !)n oro".Jg::-.t ccnditio~,s.
* Litter ccntrol in plaza.
* Maintaining trash receptacles in plaza.
Maximum hours of operation will be 7!DO a.m. to 12
midnight.
We look forward to ~orking ~ith the City of Palo Alto
to enhance the appearance and u~e of this valuable
c~ty asset.
LR/km
\.:
,1
-._-_._----
I
,
.',,' , j}:~~-';~~;!,.-I.; .
. -;"':'~;~"rr
J
-',"
"'~
'~t:.
I, ::.nl~~.~,~",:;: .. -:.;~
· .. z.!.··...:.~.ll'·-' ..... "';:·l;~; .... ~\.
PropOSf.J '-'-'r 1
•.. . -.
_. ~ _, 1.',,,, •• "Il·'.PI~'-'" •• " #_ •• ~ • 'n' ;~.~ I;~,!I"'.: I.~~;;.ztf'(;~; '~i?;'kff;"!~\~;'\~~:~'.!"~ \, .. ~'! : .. ,--:-, ..... -.,; .. ,,:,''",.-. ',",',' -•••• . '-• _' ,' __ t_ " "':". "." .. 'h" I ";l\ f" ~ .-~-~ r· i r
./,·,· • "~":f.-,,_ .. l.,.:,. ,""'.' ': ... ,." ~"':"",'1;;:~":,,"";<">'J~I"~'~''111''''''-''''< ',,"". ' . ','" .• __ , • .'._, t •• ~.,..)I'_J .... L, _ .,' i' ~.t:;,'T,.I:f.'\ltjl·'ti .. r "'I' ~i .. · ".~ .•.• Af~",,\ ..... ((.,I..'''''''~'1oI • ," _.,~C:;:I:' • • r, 'r >. ,.~. "",e ... ,,'" '. '." •.. ,' '. "" .. " """_,, . 1,-, Y'·' ,.;:;r.·r.H'~'1
Stpll:.1 9;i::;;~ I TI~~', '0i('": :;. -" . ;~_';". . , -t, i '.':·",:·:;:.:::":~~~:;'::;;~;~""7~ ~il }I~;'.; '.'~: ... ;:"~:~:~\ olr"l"E"O'''~ NINC·
I
I'., r.:;j ~·:.· .. "i ,;i·.· ",';-.,.J, .... ""..;;,;:"':; ',,;. CJl"I"~""" "~:"~':;'i~'1~" " ' ; 'r'/Y" '," II /'1' \ ',' ... ','l.", , ..................... -r:..~~' ! ,'1 J"" I ,:; .... ~.f,./
_ , • " . /,...-.J 'y' .1\'." • , • ,'J I" ! -'" ,',' ( \oj,,,; ... ~\, I
, ,.ITV Of PAL HI i . "V ~.,J\ " ., / ,,'l:. I , '-:::::::, ' '1""; ·.r!~'·,>'·: . ,J' ~"""':. I '. ( ,,_'." . ': .'j, ,v. '-.' .. ~::::; .': I, •. : -•. " :
(11_ ilRI3-II0"l! 1'-' ,,~~;.,.,><. .... :.~.), :J, . " ,~I,',\\~.:,<-><.-"/,, :'.2.~ .• ~~.J .~I I': ,:;:(!.'::N: I
GJI EJ" 1tlt{' I I ,:r..;\:'~;" ':'~'~>'J .\-;-. , .. ~i~\~:<~~~';~'Yp".".-r.r~,~:. f'ml 11/11> :';'~':':kl' ,i. _ I ,_ .." (. ." .' . . .. J..-,..; , .. .~ .. ,~= .. . :5' .. .,
• 1
1
,-,t--....:\.,~' \ l"I,;.\lr.-' ,f~ l";'/ 'j .... I •• : •• ;J.!:~,!
1
",,,,,, .. ,d,",1' ',.' .': , ..... /' I"" "--'~~"f"i"'I': I~~" i:·,',,:;· I , ,'r':".',( . ':""'~'.'-l'" )1 1 / ... ,11" j{ "")1"-
w • 'I""",.., " -: 'nl. " o. , .. I" I!, ~.>: :.'j I\'~ 0, . . I' .' .". 00· I, ~;10 ,0." .. !I .. ;, ') ;.' !"':":¥~I~" -:'\/'::II\I I':li l: I~l ":."
,< ~I" '" '( , ".-r< " ' / l' "(J', I \ ~ I r" I' .' . ,.' .. ",'<'" . If .... :, .,' r'" ••••• /'.,~. ,'/. "',,' 0 .. , •. ' ~"J, " 8-'" .' 'd' I,,).' r ,,' . ., '.' \ ........ \ / ,~, ·1' i" ~~', " J.':l~':-(:-'---::-I )', ,-1"'.'0"'1\0" fr' '/' ,; \"" Ijl'I~"~' y-11,f'il" .. " .... \' ~ ..... : ( 'I II \, ')"t '-\'r-'" ,/ I .. ", --.~ ,~/ /1). j~ 'I t I. ~ "I ~'I 0 t.: ~l r' ...... } I f-< ". \. '"".1 1:''.4 Ii /v/ Ii \"" I .I .. ,\~:,." ;( , I I \e"... ' . ~ t:~' \ /" 1 I I • 'L ,n
0, ,". ___ , ""'.' ", , 0 '. /" I" \ .~' I '. ,,: ... ''.'. (;0"111' ",I" . I :.~,.'-'.1 0 '(11" '/ I" '-':·1' I ,:",::;:.'
() \.. \.' -;' , ' .,..," "';--;"-:,./ 'I "", " ".,,, 2':1 1111 , , __ I II,.. ... /;, .-1'-",. r'dl -' ~II)'/ 1:1'1,,: I ' ....... ' .t: I ~J ." ,j I'J~".:,:''''' '" I .1' , 1 ~ f I ~ I I' ... /' ,', e,(
J, "1 l' I' ".,.';, , ."""--,, I "-~-,,,.J . "'1", "'II ' , ... ,. '," ,I'" .. u ,. >' , ' ", I , , ' " . ' " . -;"',' I .'/' '.C " "L~~.\·" '-':'1 I, ,~! .~; I , . "" ..... . .. " ,'" . ~ , ,,.,, ' ? . ~_,DJ' (" I k' ,i,:<:'.''''''1rr" .. ~ 3· ,,"1/ :~ .. >~;;;t, /~";a t~ 'jll' \' I . '''''''' ~ , ~ \ 'I, ,,:;,-:"6:':. (",r'd;.·· I ~ .• >' "\::,;"/'~:/ (/1 . j 'I!' .. -: ", '\'x .... . ," .,.' . /. , .. " . ~ ~"/ 1,.\1 Iv .. ,!. , '.' .~' .. , .,i· .. '" //', /'.' ~,-'.r!;, "in' "",,,,,, .. 1 r.l!' ~I _ ~ _ _ __ ,I _ "1"'" ,/ /' ,/ \?/~.-', -, }..... I'\OOITlO,,",
.--r; r" . . " ' ''', -,. , ... " -, y /.' I"? ,. , ., . _ .... __ ~ ._ / • ~. ,J •• \ '-'.r-.... I ....... I. "_" '." l_,:-=:=-----'-_..:c:..-..-'-\'j ~I 'I"L ... ,,~'J;'!' . I" I' T; .\-_. .. -=-___ ,~~_IJ:Cj ,-, . , •. ':" r~~ qi"., ,,',' '1,.,,1 .1 I I ;' "I' r '-'-''''j'' r,,","')" "'.,' "','
,,} (VI,'I~')[" "',,~L'l ;LiJ 1.1 . tiJ:;..1 i 'jl": iI 8]:1 ,I::.~rj ,,,, I.".'·-:-/?~:' I.'
, 1 (-.' 'Ii' ~.' '\ ~J r~ , __ .. ,_".o.Jj,.".CJl~!-i:I·' " ... ' "'I:.~~.l 'I'-"_~ 1·1 1,1: IJ li l ,{,\ \~' ~; ',,:." I :;:-:"'~:~'''''''~r: , ... , .... 1".,,'(
, . -.,.;\'::: 't? ~;--;~,:;=:~=~)~~~;;:?i,( •. ,,: .. "." .. C: ,~~~'" _" .. " ,_ '" : ·Ii
. ~.,-:-':'~':~~I \; _ _ _ _ J ,,\. l EM" <ON' r"(T .,L .... :CC:':'",.:":,, -_"~ 7_~ . ,', ' I ," I ",~.rJ./ ,r ""ON'LAlA '. ------. '.,'-, .. "',~ _. _ ::---':~:-:~.7"":"--:: J
:\'
(
.' "".
\' ------'--r:'!'"=--r~'
'0'" .~~ ___ .~_,~ _____ ,,_~,_ ~ _
'~., '_';",~ l ", ~". h~".'~ I(
V
,
~-
-I
;.
'1
-
·-+
V\
0-
x
Lu
-.
~. -" ."--
'.
--'=_.'.cc, ..• ___ . ________ _
---'--'---\-J.
.... ..... ';';
"--% W ~ V>
< L
;S
C"
<:> :;--
'\'''4,--
CD I
u:<C.
<C LJ
\
(J
~-"''''' ., -'. '\ ;---.::'-
.:::... -
". t~ ,
:!'
~/ i~:
. -
z a
t
.>
•
.. _-----, ----.; ....
EMlronmental OaCUrT1enti -City of Palo Alto
E~Vl RO.'lMfNTAl ASSE,S.MfNT
Projed Oescript'ion/Title: ~n-EJala Plan: A temporary 'e~se and paris
imorovement ordinance fQr C_r.QQ..osed~ges 0:1 L\lttC:.rLE __ L~_ljl inclyding grovis.ion
pf tables and chairs __ by Burger King. plac_em~_o_Lof an exgresso bar adj~~~
Burger King. and modification of exi~Jir.g oublic seating dnd lanJt~ areas.
locatio!1/Address: J20 University Ayer'JJ-!~·_~ __ t t"e sQt.ltheast corner of
Uni\iersitv Avenue and Emerson Stre __ et. ________ _
Sponsoring Agency/Applicant: Rpnde So A.HC'ciates. a franchise of nSurgi:T!..i..r:ls-
Corporation.
Adcress and Telephone of Applicant: 100 We~l Camino (2aL Suit~ __ ~, __ _
Mgunta~o View. California 94040
Appl lcat ion for: Temporary Lease
(e.g,. zoning change, subdivisio'l of property,--architectural re ... ie'W,
permit)
Zoning at Projer::t l(l~ation: PF PubHc Facil ity Fee Receipt No.:
NOTICE OF DETEEMINATION
use
Based upon re ... ie .. of the project files, the undersigned membc:r of the Planning
Department has concluded:
!~I ~~ative Declaration: Th.:: project has no Significant en\lironme"t ... l
impact. No Environmental Impact Report is required. The reasons for a
Declaration are;
in the attached init;aL"~,,,.tudYI Po" record of prQiect ___ ~~c"-t-,,io,"nCL-'i,-,s,--:-__
a'!"aiTable for review at thE Pal~ AltJLf8..Q_~_rJ:.ment of Planning and
Cqrrrnunitv EnVironment located O",ll the 5th floor of C;tv'Ha_l...l.......... ___ ?'SO
Univeriity Avenue. Pal~Jto",
[! The project may h: ...... e a sigrd ficant environmental impact... An
Envir~nmental Impact RepDrt w"lT be red", ,
Planning aepartment~~fiC;~}_ ~~~~<ft~-c~~~~~~~--~--~-----
Planning Dir>ctcr: ~ R-Jd~,~' ;:,::;t;L{-Dat" _.J: /l/-q I
The project has beer; app,-oved '"
The projact has been denied.
Revised 8/1/79
ElAl YTN/J/gz
-----.-----"'-~--. ..",~---~--,-
Date;
Date:
r·'. No.: 91-flA-24
91-ElA·24
I
I
... :.
ENVIROHMEN1A" OOCUMEN~S -PALO ALiO
INtTIAL STUD~* ~.
r. Project Title/Address: J...tl.1pn Plaza Tabh Plan!22'Q..Un;versit'( Avenue
11. Project Description: A temporary lease and park impro'lemer.t, ordinance
to allow Burger Kfng to provide tables and chairs or; iyttorl Plaza and to
mce an exoreS$O bar adjacer.t to Burger!i.n9... Proposal wO:.Jld also
modify pub1;c seating and 1andscaoed il.re~s in the Plaza.
III. Env1ronmenta1 Setting: PF zoned public p1aza arEa that ;5 included
in tne City'! pa.rk.. dediq,tjQf1. Qrtjina1".<:e.
IV. Env1ronmental Impact CMecklist (Explanation of all ·yes" answers ire in
Section V)
l. Earth. will the proposal result in:
iI.. unstable e';:i'th conditions or changes
in geologic sub~tructures1
b. O'sruptions. di$placeme~ts~ compac
tion or overcovering of the soil
c. Chang~ in topography or ground
surface relief features?
d. The destruttion, coveTlng or modi
flc.tion of any unique geologic or
Physical features?
e. Any increase in wind or water erosion
of 50i1$, ~~ther ~n or off the site?
f. Exposure of peop1e or property to
geo1ogic hazards such as earthquakes.
Tandslides, mudslides. ground failure
ar similar ~azards?
g. Changes in siltation. depOSition, or
erosion which may modify the channe1
of a river or the bed of a bay or
inlet?
TTS
* Adapted from Appendix 1. California Guidelines for Implementation of
{EQ~, December 14, 197e .
• -Updated May J982, June 19S3
LyttonCk/l/gz 91-£IA·24
I
'-------_.-._-........ .
f
l 2.
:~:~:~:.~-, .
·:·lip~~~ -
... ~r...: ' .
.. ,.:
o
Ail"'. Will the proposal result in:
a. Substantial ail"" emissions or d~
terioration of ~mbient air quality?
b. The creation of obj€ctionable odors?
c. Alteration af afr mo~ement, moisture
temperature, or any change in cli
mate, either localTy or regiona1?
3. Water~ Will the proposal result in:
a, Changes in dbsorption rates, drainage
patterns, or t~e rate and amount of
surface water runoff?
b. Alterations to the co~rse or flow of
nood waters?
c. Discharge into surface waters~ or in
any alteration of surfice water
quality, inc1uding but not 1 imited to
temperature, dissolved OXYgen or
turbidityl
d. A1teration of the direction or rite
of flow of grou~d waters?
e. Exposure of people or prop2rty to
water r~1ated hazards such as flood
ing or tloal wave?
f. Change in the quant i ty of grourid
waters~ either tnrough direct
additions or withdrawals, or through
ir'1.terc!:!ptiQns of an aquifer by C'oJts
or excavations?
4. Plant !.Jfe. \Will the proposal result in:
i. Cilange in the diversity of species, or
number of any species of plants (in
c1uding trees t shrubs, grass, crops,
o
microflo~a and aquatic plants)? __ x __
b. Reduction of the numbers of any
unique, rare or endangered species
..L
_X_
_x_
of pl ants? _X_
c. fntroduction of new species of
LyttonCk/l/gz 91-UA-24
2
I
1 5.
•
_,. __ .......... , ... "L" ..... __ .... _ .. ~_"
ylants into a., area, or in a barrier
to the normal replenishment of
existing species?
d. Reduct ion in acrea'ge of any
agricultural crop?
Animai life. Will the proposal result in:
I. Change in the diversity of species,
or of a~y spec1es of animals (birds,
land animals including reptiles,
fish and s~~11fish. benthic organisms,
insects or microfauna)?
b. Reduction of the numbers of any
unique, rare or endangered species
of animals?
c. lntroduction of new spscies (If
animals into an area, or result in
a barri er to the migration or D!O\te
ment of animals?
d. Deterioration in e.xistin9 fish or
~ildllfe habitat?
6. Noise. Will the proposal result i;}:
a. Increases in existing noise leyels?
b. Exposure of people to severe noise
level s?
7. "!'.Jght and Ghre. ~i 11 the proposal
produce new light glare?
8. lai:d Use. \IIi11 the proposal resJJ1t in
a substantial alteration of the present
or plar.ned land use of an ar~a?
9. Energy/Natura.l Re:;ources. Will the
proPQsal result in:
a. Use of SUbstantial amaurlts of fuel
or energy:
b. Substantial increase in demand upon
existing S\lurces of ener9Y, or
LyttonCI<jI/gl
--L.
91· EiA-Z4
3
_x_
_x_
_1_
-L
-L
-L
_X_
•
.. ,
,
_I
I
./
/ o o
ill o require the development of new
5QU~CeS or energy?
c. fncrease in t~e rate of use of any
natural resOurces?
d. Substantial depletion of any nonre
~ewable natura' resource?
]0. Risk of Uoset. Does the Pl"oposal
invo1~e a risk of an explcs;on or the
release of hazardous SUbstances (ir.
cluding~ b~t not limited to, ~il,
pesticides, chemicals or radiation) ;n
the event of an accident or upset?
11. Populatior1/HotJsing.
i. Will the proposal alter the locition._
d~strib~tion, density~ or growth rate
of the human population of an Grea?
b. ~nl the proposal effect e:dstirlg
housing, or ~reate a demand for
additional ho~s;ng?
12. Transportation/Circu1ation. Will the
proposal result in:
a. Generation {If substantial additional
vehicular movement?
b+ Effects on existing parKing facili
ties. or demand for new parking~
c+ Alterations to pr€sent patterns of
circulijtion or movement of people
and/or goods~
d+ fncrease in traffic hazards to motor
v!hicles. bicyclists or pede~trians?
13. public Ser~ices. ~jl] the proposal ~ave
an effect upon, or result in a need for new
or altfred governmental ser~ices in any of
the fOllowing areas:
a. Fire protection?
lyttonCk/l/gz
1
_1_
_1_
_1_
91-H~-14
4
; i
I
I
,
b. Po1 ice protect ion?
C. Schools?
d. ParKs 01' other recreat~onal
factlities?
~. Ma'ntenar.ce of pubjic facilities,
includfng roads?
f. Other governmental services?
14. Uti1ities. Will the proposal result in a
need fer new systems I or substantial
alterations to the fo1lowing utilities;
•• Power or natural gas?
b. C OrMlun i cat; onS systems?
c. Water?
d. Sewer or Hptic tar.k?
e. Storm water drainage?
f. Sol ;0' waste and disposal?
IS. Human Healtb. Will the proposal result
; n ;
16.
17.
a. Creation of any health hazard or
potential hearth hazard (excluding
mental health)?
b. Exposure of people to potential
health hazards?
wthetics. \lill the proposal rE-Sl.<.lt
in the obstruction of any scenic vista
or view open to the public, or wil1 t~e
~roposal resli1 t in the creation of an
aesthetica:'ly off~nslve site open to
pubic ~iew'?
Recreation. Will the proposal result
in an impact upon the quality or q~antity
of existing recreational ~pportunit;es?
lyttoilCk/I/gz
YES
91-[jA-2~
5
NQ
-.L
_1-
_x_
....L
_1-
•
i
I I '
f
!
I
I
I
it
. ,
." f!
c.
18.
19_
0 0
ill
Cultural RllQ,Yne-s .
•• Wi 11 th-c proposal result ; r1 the
aT terat ion of/or the destruction
of a prehistoric or historic
archaeological site?
b. Wi 11 tl1e proposal resul t in .d-
vers-€! pr.ysicaT or aesthetic effects
to • prehistoric or hist~r1c
building, structure; or object?
c. Does the proposal have the potential
to cause a physical change which
would affect unique cu1 tur.a.l values?
d. Wi 11 the proposal restrict 2x;sti~g
religious Dr sacred uses within the
potent ial impact area?
Mandatort Findings of S'iqnifjca:1ce.
a~ Does the project have the potential to
degrade the quality of the en'tironmer.t,
stlbstantial1y reduce the nabiht of a
fish or ~i'dlife species, cause a fish
or wildlife population to drop below
self-sustaining lev~l$, threa~en to
eliminatt:' it plant or animal cClTlITlunity,
reduce the number or restrict the
range of a rare or endangered plant or
animal or el iminate important e:n~llples
of the major periods of California
history or prehistory?
b. Does the project have the potential
to achie~e short·term, to the dis
advantage of long·term, environmental
goals? (A short-term impact on the
environment is nne which occurs in a
relatively brief, definitive period
of time while long-term impacts will
Endure ~ell into the future.)
c. Does t~e project ha¥e impacts which
are individually limited, but
(umu1atively considerable? {A pro
ject may impact 0.'1 twa or mare
separate resources where the impact
lyttonCk/J/gz
MAYBE
91·EIA-24
6
NO
L
L
..L
..L
, I
.j
<
,
on ~a~h resource is relativ~1y
sma". Lut ~~ere the effect of the
total of t~ose i~pacts on the
environment is significant.)
d. Does the project have enviri:lnmental
effects which will cause substantia1
advers2 effects on human b~ir,gs,
either directly or indirect1y?
,.-,
v. Explanation of ftyes~ answers in environment~l chec~list.
See attached.
LyttonC</I/gl 91-EIA-24
7
" Q
4.a. Plant Life: Proposed project would result in shrubs and grol.:nd cOlier
being removed from Tandscaced rectangular area near the publ ic parking lot.
Ground CQ',Ier r~movoeJ would be rEplaced by beige-cclored' decomposed granit~.
Existing trees would remain~
6.iI. Noise: Peop1e sitting and eating at the tables and chairs proposed for
the project cDLild incrfilse minimal amounts ~f noise but nearby existing
vEl'hicu1ar traffic would continuE to generate mOTE no~se than these individuals
using tables and c~airs.
LyttonCk/J/gz
•
--------"",,'-~'~ ---.. ---_." .---~-'"-~----.-.. --~.~»----
4.
=;;=...: ..... _ ...... ---_.-._-_ ...
I 220 UNIVERSITY AVE~UE
Burger i\::ing
9J ·ARB·) OS
91·EIA·24
Park Improvement Ordinance ar.d temporary lease of a portion of
lyttOl'1 plaza to install moveable tables and chairs and food
cart ind to replace existing bench
PUBLIC TESTIMONY: Non ••
ARCHITECTURAL REVIEW BOARD ACTION: APPROVED, 5·0·0, subject to
th~ followfng conditions:
Conditions:
1. The applicant sha11 obtain a temporary lease with the
City and a park improvement ordinance shall be approved
by City COi.lncii crier to i]'1sta.l1;ng the proposed
impr(ll(ements. .
2. No pay phones shall be installed as part of this
appro'llill. Pro,PC1sed pay phones shal' return to the Board
for separate approval.
3. Approval shall be obtai~ed frOM the Public Works
Department prior to drilling hcles. in the plaza for
installation of the p~opased umbrella stands.
BREAK -9:45 AX to 10:00 AX
5.
,:1.A.aB1M"1II1 003
2850 WEST B.~YSHORr ROAD
D~nni s Kobza
facade mo6if;cations~ new entrances, windows and patios and
landscaping and parking improvements it existing office
buiiding
,
PUBLIC TESTIMONY: Non •.
ARCHITECTURAL REVIEW SOARD ACTION; APPROVtD, 4·1·0, Mr. lYlW.
opposed, subject to the following conditions:
Conditions:
I.
2.
All railings around bunC:iJ1g be rephced to match new
railings proposed.
Detai1ing of columns be revised to include i base and
top.
Page S
· .
I
j
i
•
--------------.:...:..
AGENDA ITEM 4
EXC£RPT of Planning Commission
:r;fnut€"S-of October 3D, 1991
~EPORT FROM OFFICIAL -LITTON PLAZA: Review. comment and
Tecomend to the city c<!uncil a park impro',.'eme-r.t plan
allowing Burger King to provide tables and chGirs, an
espresso bar, and modified public se2ting on the plaza.
Vice Chairman eeec~am; Does staff have any comments?
Mr. ZimrnerJrt'!!!: Staff .... ould li:o::e to make ~nf suggested dange on Page 4
witn regard to the findings and conditions. It suggests that Condition 11
be deleted and modified to read as follows: IThe ipplicant shall obtain a
temporary Tease with the city. and a park improvement ordinance shall be
approved by the tHy council prior to commenCing the installation of the
proposed improvements.-In addition, it suggests tnat a. new Findi~g '4 be
inserted to read as fc1lows: RThe proposed use and improvements will be
int~dental t~ park operation in accordance wit~ the PF zoning.~
The 1ist that J reaa was a staff-suggested new finding which ~ou'd be
Finding 14. The first that [ read would be a olod'ification tu Condition tI,
in effect, rEmoving tnat parenthetica1 phrase in the middle of
Condition ,1.
Commissioner Cullen; Why, in this day and age, with all the umbrellas one
can see around town and the way in which they are anchored, dQ we need to
drill holes in the plaza surface for the umbrellas?
-----,~-~.~-"
l-.
]0(30(9]
• J 9·
.--~-~-
-
o
i 5 Mr. Zi~erman: The applicant perhaps (in better respond to this, but it
my understanding that gi~en the 51le of the umbrel1a, which ~il1 be mor~
,~ss freE!:-standillg, there .... ould be better security if tl1ey were anchored
tnan if you simply had a weighted base as one would have ~n orae's own
p~tio.
or
Ccrrmisllin.er Cul1en: .. ill i:ik the applicant tn respond, as well.
"ice Chail'iilan Beec'ram: We have both the applicant and his architect
prese~t tonisht.
Comissior.er CuHen: I ,"ould lik.e to have i response to my question.
Despite .,hat Mr~ Zimerman has said, there are all k.ind's of umbrellas at
Stanford Shopping Center whicn are very large and wn}ch are anchored with
weighted basEs, rather thdn drilling t~rough the concrete. I am a little
uneasy about making that kind of perr.:anent imprint on the plaza, when an
alternative is available.
Tony Carr-asco, l?O HalT'ilton Al,lenue, Pa10 Alto: COrm1;ssioner Cullen, one of
the ~{lm:erns that staff had was that we should be abl e to remove these
umbrellas when thEre is a desire to have other kinds ~f activitiEs O~ that
plaza. Cn order to do that, we would have to take out tr.e umbrellas and
store them in a different place. The bases that are required to anchor the
umbrellas that We are requesting are going to be large, heavy ones, not
easy to mOl,le. That is the reaso~ ~hJ we have requested a core drilling.
It is about 3-4 inches in diameter and comes with a fTap tnat closes that
hole. if and when the umbrella shaft has been removed,
COIJfT1:!ssigner Gunen: What do they do at Max's Opera Cafe at tne Stanford
Shopping Center? They remOl,le those umbrellas regu1ariy, and I don't think
they are any different from the umbrellas that have b~en depicted in this
report.
len Rohde, 220 University p..venue. Palo Alto: I have the Burger King
franch's~ at this address. One of the concerns I would have is that the
plaza is a pretty open place, "'ith people going through there. We 'Would
create a safety hazard ~ith a base SEtting out there at night~ That was
One of my concerns. Otner than that, we would be in a position of having
to lift them in and out twice a day. We did not want to have something
that would caUS2 c.cc:idents to ~eople stumbl ing over it in the dark. Max's
Opera Cafe and others there at the Stanford Sr.opping Center ire in a
confined area, and people do r.ot go a_cross the area. It is more
protected. I tnink they either l~ave the bases out there, and perhaps even
leave U,e umbrellas out there.
Shirley Wilson. Architectural Review Board~mber: I don't know if you are
c1ear that these umbrellas are free standing, n~t in the tables. were you
a~are of that? It makes a difference. If the tables are removed at night,
these obstades would exist. Also, when the), are standing, they 00 r.ot
~ave the leverage of the table supporting it mid-way. so there are many
reas~ns for these to be this ~ay.
Commiss1~ner Cu1Ten: Tony, could you rE~lew what you said about t~ese
holes?
•
~r. Carrasco: Typically, when you core drill a ~ole. it comes with a
10/30/91
-20-
•
,
I
I ,-
! --?
j
r ,
, "
i
: I
1 ,
I
j
-
· ,-" -'--"'~-___ r-__ .. ,
'./1
standard cap that flips "~losed w!'len the shaft is out of that hole, ad
stays open while the shaft is in, It is spring loaded. Hey are fll,ah
with the pavement.
~m1ssil')ner Cullen: Ho .... ever flush t~e pavement is. Ver.)' well.
Commissioner Christen$..,gn: ! am assuming from the pictures that the
furniture you are talki~g ~bout is similar to the furniture it the civic
center plcZi. Is that corr~ct?
Mr. Carrasco: Yes. it is.
CQmmi$sianer Cullen: Staff is making the recommendation that the benche~
be wider tha~ the four feet. Hive you investigated the availability of
benches wider thin four feet? All of the ones 1 have see~ that are the
prizian park furniture, of which] have a few myself, are not w~der than
four feet. Maybe there is something ~'se available, but if that is part of
the ccndltions of approval. I would just like to be sure that that klnd of
thing is avaiiable.
Mr. Carrasco: It is not as easily available as the four,foot benches.
What we ... ould 1 He is a bench without the back in Drder for people to be
able to sit on either side. to enj~y either the amenity of the plaza or to
turn around an~ enjoy the amenity of the landscaping on the other side.
T~at is why the ~.RB unanimously recorrrr.ended to cou'ldl that \!/e go \t'ith the
bockl." benc'.
Commissioner Cullen: So the answer is no. you don't know if they are
available. I suppos~ you eouid put them at right angles. It worries me to
ii!pprove something with the condition that liIe have i bench that .fIlay or may
not be available. Would staff then have to tome back to us, or to the
council?
Mr. Zi~rman: I ~auid say they wculd just come back to the ARB at that
staS'e.
Vice Chairman Bee_chal'i\: 1 have a question of staff. Condition 13 says,
• ... shall have backs ...• yet the ARB ;s recommending no backs on benches?
Mr. Zimmerman: That is correct. In subseq~ent revfe~ after the ARB took
its .cction on this proposa.l, staff went out and sat there and had l~nch.
They felt that 0) benches without backs 'Would nat be very comfortable. and
[2) there i. really not much to 100' at in that land.caping strip. I
personal'y would not want to look at it, so it would indeed be rno~e
comfortable for the public to sit on benches with backs facing out, either
toward the plaza or toward Emerson Street.
In add it i on 1 ; f ttl is propos ali s not SlJc(es s flJl? the app 11 cant could indeed
remove the temporiry furniture. Therefoif, it would be the public
furniture that he ~s offering that ~ould remain. As a result~ staff wanted
some assurances that the furniture WGuld indeed be comfortable and that it
would be functiona'.
Ms. Wilson:
new condition.
appropriate.
have net heard any response from the app1icant is to this
I am curious is to where they are On it. if that is
10/30/91
-21-
I
I
I
I
-
.'
:,! .
-'-:;.;.-.... ~,~,;.-----.'>-,<---... -i-~""'>~--~Jiii_h $ ;3J11i1"'JW?-~~_
o
lIice (~airmart Beecham; "'·r. Carrasco, do you have ar.y cornments about the
ben~hes with backs?
Mr. Carrasco: Cur position is the same is we had 'With the recomendation
... hen it got to the "rchitectura,l Review BOii7"d. 'file prefer a bench "'ith no
back, because we think the more c~oice you 9iv~ people in a public plazi t
the better it is. There may be some people who are un1ike George and ~ou'd
'friant to enjcy ttle 1andscaph~9.
(ommissfone~ Christensen: I have a question about t~e issue Qf the pay
phOMS.
Ms. Wilson: 1 Cion 'h.~ify that. have met with the architect and a phone
vendor who was interested in doing thls phone work. He is also interested
in placing pay phones throughout the dOwntown. We encouraged him to ~o
tfiat as a master plaM ~nd to bring it to the c.ity in a coherent way so that
it was not looked at on a piecemeal basis~
Comm;ssio"~r Cu11en: Ms. Wilson~ are you aware that these prf~ate vendors
with pay telephones c.harge double or triple the regular rate charged by
Pacific. Bell pay for telephone cd1l.s?
Ms. Wilson: The only financ.ial conversations ~e had with him was that the
city would stand to make money from this. He was planning to share the
profits with the city. Wi;" are not far enough along on this. It Jias picked
up as a public benefit t~ the downtown, a puh1ic facility that we feel we
need, and he was savvy enough to pick up on that and would like to be the
person to place it. That is a whole different issue.
Commi'Bicn-2T Cu1len: [would encourage you to put PacE~en into the picture
~e~ it comes up.
Hs.II'il$Qr'l: ] ",,11l.
MOT10N: Cnmmissiqner Marsh: I am going to move approval of the proposal
with findings and conditions as listed in the staff report and which have
been amended by the staff recommendations, that is, for the finding
regarding proposed us~ being incidental to the parK and the change in
Condition ;1.
lytton Plaza has the potential to b~ a wonderful pub1ic space~ but it is
not that right now. It is a space that is nlit utilized V~l"Y wen.
OccaSionally, it is dominated by a ~articular crowd who do not always make
it in\liting at all timi!s of the day for many people to USE. I think the
proposal that Burger King has put forward has the potentlal to be a spur to
make that a very lively, interesting, inviting area for people to enjoy
downtown. If this work.s, I think we should offer them C.ivic Center Plaza
ne~t for their product.
SECOND: By Commissioner Christensen.
Commissioner Cullen: I would like to reiterate what the staff had to say
about backs en benches, especially if you are taking out that concrete wal1
where people sat with their bacls against the wall. lt does make fJr
comfortable seating, and any of us wtlo have sat el1 little stools witholJt
10/30/9!
·22-
f'
--.... --...... ~~,-:
backs realize that S€lt backs are important. 1 am very glad th~t staff
p1ck.d 'Jp on ttl at.
Wier Chairman Beoec'ham: j a.m very comfortable with this, primarily bc:ause
of the "otur~ of the l~!se. Staff bad explained eariier that thfs ;s
called a temporary lease, and.what that fl'.eans 'is. that it is an ongoing
lease t~at car. be terminated at any time. So to me, this makes a no~risk
situation for us. [f it work.s, great, and thank you \.'ery much, Burger
KiT,g. If it does not, thank you very much anyway, and it will go baCK to
what it w:as.
MOTION PASSES: ~icg Chairman Beecham: So we ~ave before us a motion made
by COmlf:5 5 i oner Marsh and seconded by COlmli s s ioner Cnr i stensen t ha t we
recolm!end tt-a:t th~ ci t1 counei 1 approve the proposed amendments to Lytton
Plaza, plus the negative declaration, by adoption of tne findings and
conditions. as noted by shff. with th~ addition of Finding 14, indic.ating
tkat the proposed use will be incident to park operation and to tne
modificatioll of Condition n. All those in fallor. say Aye? Al! opposed?
That passes on a vote of 5-0, with Commissioners GlaZier and Huber absent.
~mmerman: This wil' go to the city council on NOllember la.
~ice Chairman Beecham: The next item on the agenda is a report from
off1cial regarding dO'l'l'ntown monitoring. CO and GF dlstrict'S.
---'--'--._------' ..
'.
-'--~"''''*--'''''-.'
ORDINANCE NO.
ORDINANCE OF TH2 COUNCIL OF rrlE CITY OF PALO ALTO
APPROVING AND ADOPTING A PIAN FOR IMPRDVEMENTS TO
LY1'TON PLAZA
;w'HEREAS, Article VIII of the Charter of the Cit}~ of Palo
Alto and S~ction 22.08.005 of the Palo Alto Municipal Code require
that before any substantial building, construction, reconstruction
or development is commenced or approved, upon or with respect to
any land. held :cy the city for park purposes. the Council shall
first cause to be prepared and by ordinance approve and adopt a
plan therefor: and
WHEREAS, Lytton Plaza is a dedicated City park; and
WHEREAS, the owner of the Burger King. located adjacent to
Lytton Plaza, has requested the City to allow it to construct
certain improvements to the Pla:z:a, as shown on those cert,ain plans
prepared by Carrasco & Associates, dated September 5, 1991,
entitled -Lytt.on Plaza Improvement Plan" (the "Plan"); and
WHEREAS, the Plan has been reviewed and recommendsd for
approval by the Architectur31 Review Board and the Planning
commi.ssion in conformance with Chapter 18.82 of the Palo Al to
Municipal Coae (Site ~,nd Design Review); and
WHEREAS, the Council desires to approve the Plan and to
adopt it as the official plan for the construction of improvements
to the Lytton Plaza:
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION l~ The Plan, a copy of Which is on file in the
office 0"'( the Planning Division, and t.o which copy reference is
hereby made concerning the full particulars thereof, is hereby
apprcved and adopted~
SECTION 2 ~ The city council hereby finds that this project
vill have no si9ni~ic~nt aaverse e~fect on the environment.
SECTION 3. This ordinance shall become effective upon tha
commencement of the thirty-first day after the day of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
1
'911[21 book 00:>0:3&3
->
o
ABSENT:
ABSTENT!ONS:
ATTEST:
Ci-ty Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
ill I I::! I b<k 003rJ383
o
APPROVED:
'Mayor
City Manager
Director of Finance
Director of Planning and
cocmunity Environuent
Chief of Police
Directo~ of Commu~ity s~rvices