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HomeMy WebLinkAbout1996-09-30 Ordinance 4374• • ORDINANCB NO. 4374 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08 .. 040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 101 ALMA STREET FROM PC (ORD. NO. 1802) TO PC The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. (a) The Planning Commission, after a duly noticed public hearing helri August 28, 1996, and the Architectural Review Board, upon consideration at its meeting of July 5; 1996, have recommended that Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended as hereinafter set forth. (b) The City Council, after due consideration of the recommendations, finds that the proposed amendment is in the public interest and will promote the public health, safety and welfare, as hereinafter set forth. SECTION 2~ Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended by changing the zoning of certain property known as 101 Alma Street (the "subject property") from "PC Planned Community {Ord. No. 1802)" to "PC Planned Community." The subject property is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference. SECTION 3. The City Council hereby finds with respect to the subject property that: (a} The site is so situated, and the uses proposed for the subject property are of such characteristics that the application of general districts or combining districts will not provide sufficient flexibility to ~llow the proposed development. Specifically, the site was rezoned from R-4 to PC in 1958 (Ordinance No. 1802) in order to accommodate a multi-story structure with a maximum height of over 140 feet. The proposed rooftop multi-user wireless conununication facility use :-·communication Facility") was not contemplated at that time, and therefore is not presently a principally permitted use. There is no general district or combining district which would accommodate the existing condominium tower, with or without the CODIDinication Facility, due to the height and use of the structure. 1 960829 &If; 0080349 i I • I .. • • (b) The project will result in public benefits not otherwise attainable by application of general districts or combining districts, as follows: (i) The improved communications capabilities made possible by the Communication Facility will be advantageous to local businesses, residents, and public agencies~ (ii) There is a public benefit to providing a multi-user, master planned facility that groups different types of antennas at a coordinated location, thereby reducing the visual impact on the surrounding cotrmunity. 'rhe multi-user fat::ility provides for the grouping of antennas at a coordinated location, potentially reducing the number of individual antenna sites throughout the City. As a result of the master planning process, the Communication Facility has been designed to minimize visual impaccs to the surrounding area by integrating the antennas into the existing rooftop structure, which is set back from the building facee Placement of the Communication Facility at this location through use of a PC zone allows a design which takes advantage of the existing building's location and height to facilitate signal coverage, while minimizing views of the Facility from the ground. (iii) The applicant has offered to and will make available to the City one antenna mount and the space for transmitting equipment at tho;:; project site. This will benefit the public by improving the City's communications capabilities, especially during an emergency. (c) The uses permitted and the site development regulations applicable within the district are consistent with the Palo Alto Comprehensive Plan, and existing and potential uses on the project site, adjoining sites, and within the general vicinity, in that one of the main objectives of the Urban Design Element is to promote improvements that are of high aesthetic quality and variety, as well as being considerate of one another. Aesthetic impacts are of primary concern when reviewing a ·proposal for the installation of antennas such as this Communication Facility. The site location, the height of the existing condomini~~ tower, the proposed method of installation, and implementation of the project in accordance with the site development regulations and requirements of this ordinance will ensure that the project will be consister.t with the Urban Design Element. SECTION 4. Those certain plans prepared by R9 B. Welty, Civil Engineer, approved October 10, 1958 (for the condominium project), as modified by those entitled "Palo Alto Condo Rooftop Antenna Design" prepared by Roberts Engineers and Architects for Diablo Communication, Inc., dated June 27, 1996, and approved by the Architectural Review Board on July 5, 1996, copies on file in 2 • • the Planning Division office and to which copies referenct= is hereby made, are hereby collectively approved as the Development Plan for the subject property, pursuant to Palo Alto Municipal Code Section 18.68.120.. Said Development Plan is approved for the following uses, and subject to the following conditions: {a) Permitted US§S. The pennitted uses shall be limited to those listed as permitted uses under the prior PC zone (Ordinance No. 1802} and any amendments thereto, multi-family residential (a max±mum of 110 units) and accessory uses incidental thereto, and a Rooftop MUlti-User Wireless Communication Facility consisting of the following: (i) Whip-t~~Antennas (32) - A maximum of 32 whip type antenr4s mounted on the roof of the existing mechanical house structu!.e on top of the building. The whip antennas shall be uniform in height and shall extend a maximum of 13.5 feet above a five-foot parapet wall, up to a maximum height of 155.5 feet above grade. The whip anter..nas shall be a maximum of four (4) inches in dia.."neter and shall be mounted in pairs via a ICKruse" support structure that shall be screened by the parapet wall. (ii} Panel An.t._ennas (1£} - A maximum of twelve {12} panel antennas, mounted flush with the top of the mechanical house parapet wall. The dimensions of the panels may vary, but may not exceed a maximum of two feet wide and six feet in height. (iii) f>r.J.crows!ve Dish Antennas_iil -A maximum of four (4} microwave dish antennas, mounted on the wall of the existing mechanical house structure. The dish antennas shall not exceed a maxtmum of four {4) feet in diameter5 The highest point of the antenna sr411 be flush with the top of the mechanical house parapet wall. (iv} Electrical or other equipment necessary to serve the antennas, which shall be located in the existing mechanical room on the roof. (b) allowed .. Conditional Uses. There are no conditional uses {c) Site Development Regulations. All improvements and develcpment shall be substantially in accordance with the approved Development Plan. The following site development regulations establish rules for modifications or additions to any building, accessory structure or landscaping on the subject property. Definitions of terms used shall be in accordance with Chapter 18.04 (Definitions) of Titls 18 (Zoning) of the Palo Alto MUnicipal Code. 3 .----------------------~-----~------------~--------··· ··----------------· • • (i) The maximum height, including antennas, shall not exceed elevation 155.5 feet. (ii) Once antennas have heeu installed consistent with the approved Development Plan, antennas, mounting structures and electrical equipment associated with the project may be modified without the approval of the Architectural Review Board only if quantity# size and type of antennas remain consistent with the approved Development Plan, and all electrical equipment is located within the existing rooftop mechanical house structure. (iii) Any other exterior changes to the buildings or any new construction not specifically permitted by the Development Plan or by these site development regu.lations shall re~lire an amendment to this Planned Community Zone~ (d) Parking and Loading Re.;tuirement§. The parking and loading requirements governing the subject property shall be in accordance with the approved Development Plan for the previous PC zone applicable to the Property {Ordinance No. 1802): which requires a. minimum of 130 off-street parking spaces. (e) Development Scped~le~ Construction of the project shall commence on or before March 1, 1997, may occur in phases consistent with the requirements of this ordinance, and shall be completed on or before March 11 2004. (f) S~cial Requirements. The following special conditions and requirements shall apply to the Communications Facility: (i) All mounting structures shall be painted to be compatible with the existing rooftop mecr~ical house structure. The panel and dish antennas shall be painted the same color as the parapet wall and parapet extension. The whip antennas shall be painted a light grayish blue or other color that will blend in with the background of the sky. (ii) The electrical equipment associated with the project shall be located within the existing rooftop mechanical house structure. (iii) No equipment shall be installed or operated in a manner which will cause or create interference problems with licensed frequencies. (iv} Prior to issuance of a building permit for the installation of any antennas, a Site Manager for the Communication Facility shall be designated and the name, address, and telephone number of the Site Manager shall be provided in 4 960829 * 0080349 • • writing to the City's Police D~partment and to the Department of Planning and Community Bnviro~'nt. Any changes to Site Manager data (name, address, and/or telE::·phone number) shall be promptly provided in writing to those De~artments. The designated Site Manager shall be the primary conta,-:t person for coordination with the individual service providers for any problems that arise concerning interference with licens~d frequencies. Resolution of any frequen~y interference problem originating at the CamaJnication Facility shall be the responsibility of the Site Manager. (v} Prior to thE' installation of any transmitters, an Intermodu.lation Distortic.~n Engineering Study shall be conducted and a copy sL·bmitted for rf.:view and approval by the Conmunications Division of tJ:~~ City's PG-lice Department. The City shall determine whether the transmitters may interfere with City communications, and if such a determination is made, the transw~tters shall not be installed unless adjustments are made as necessary to avoid the interference.. If the installation of transmitters is phased~ an Intermodulation Distortion Engineering Study shall be performed and provided to the City for review and approval in accordance with this paragraph prior to each phased installation. (vi} Prior to issuance of building permits fer installation of any antennas, engineering calculations and details regarding method of support for the antennas shall be submitted to the City's Building Inspection Division. {vii) Upon such time that the whip antennas became technologically obsolete and their use is discontinued~ the entire 11 Kruse" support structure and all antennas shall be removed. (viii) All of the whip antennas and/or simulation antennas shall be installed at the same time so that a consistent pattern is established and maintained. (ix) Prior to issuance of a building per.mit for installation of any panel or dish antenna, the precise loc~tion of the antenna shall be reviewed and approved by the Department of Planning and Conmunity Environment to ensure the orderly~· balanced placement and installation of all antennas~ It is the intent of this condition to allow flexibility in the exact placement of the antennas while ensuring that the number of antennas installed on any one side of the mechanical house structure is not unsightly. (x) Prior to issuance of a building permit for the parapet extension, the details of the construction, colors and materials shall be reviewed and approved by the Department of Planning and Community Environment. 5 960829 lac 0080349 ~--------~-------~------ • • (xi) In accordance with one element of the public benefit proposed by the applicant, one antenna mount and the space for transmitting equipment will be made available to the City for its use as follows: {aa) The City will be allowed access to one antenna space, or alternatively, access to one combined antenna scheme subject to proper RE engineering standards and installation techniques. {bb) Space will be reserved for use by the City for its transmission equipment. The size of this equipment will be equivalent to MSF 5000 Micort or similar. (cc) The City will be responsible for the utility costs associated with its equipmentf pro-rated in accordance with its electrical current consumption. SECTION .2 & This project is categorically exempt from review under the California Environmental Quality Act (CEQA) _ SECTION fi. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: September 16, 1996 PASSED: September 30, 1996 AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, 'W1iEELER NOES: ABSTENTIONS: ABSENT: SIMITIAN 960829 lac 0080349 6 Director of Plann1ng and Community Environment 27S RM-3 w > ~--~~ .. ~~~~~~ --'-....~ ..... .,...,....,..-f-1 PF El CAMfNO 101 Alma Street Zone Change from Planned Community {PC) to allow wireless antennas. Scale; 1 inch ~200 ft 0 200 '1. 4..-"'0 h. I j De~te: 6·26-96 s North "