Loading...
HomeMy WebLinkAbout2001-02-20 Ordinance 4682follows: ORDINANCE NO. 4682 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 AT THE INTERSECTION OF EL CAMINO REAL AND WELLS AVENUE KNOWN AS 675-695 El CAMINO REAL/WELLS AVENUE FROM PC PLANNED COMMUNITY 4465 TO PC PLANNED COMMUNITY 4682 The Council of the City of Palo Alto does ORDAIN as SECTION 1. Section 18.08.040 of the Palo Alto Municipal Code, ( Map), is hereby amended by changing zoning of certain property at the intersection of El Camino Real and Wells Avenue from PC Planned Community 4465 to PC Planned Community 4682. The subject property, consisting of approximately 1.27 acres, is shown on the map labeled Exhibit "A" attached to this ordinance and made a part of SECTION 2. The City Council hereby finds that: (a) City Council adopted Ordinance No. 4465 establishing 4465 on December 1, 1997. The principal use authorized was a five story hotel and associated parking. Telecommunications facilities were not a permitted use. (b) The Planning Commission, after a duly noticed public hearings held December 13, 2000 has recommended that. Section 18.08.040 (the Zoning Map) of the Palo Alto Municipal Code be amended to permit telecommunications facilities on the subj ect property. (c) The proposed amendment is in the public int.erest and will promote the public health, safety and wel , as hereinafter set forth. (d) Modification of the existing PC Planned Community 4465 Dist to permit building-mounted telecommunications facilities on the consistent with the Palo Alto Comprehensive Plan and is compatible with existing and potential use on adjoining sites and in general vicinity. In particular: . (i) Establishment of building-mounted telecommuni- cation li ties in developments such as the Westin Hotel is supported by the following Comprehensive Plan Policies: 1 010312 syn 0090741 a. Business and Economics Policy B-13: Support the development of technologically-advanced communications infrastructure and other improvements that will facilitate the growth of emerging telecommunications industries. b. Business and Economics Policy B-14: Work with electronic information network providers to maximize potential benefits for Palo Alto businesses, schools, residences, and other potential users. (ii) Building-mounted telecommunications facilities are a conditionally permitted use in City zoning districts. Palo Alto Square has buildings suitable for telecommunications facilities. (e) The site is so situated, and the use or uses proposed for the site are of such characteristics that the application of general districts or combining districts will not provide sufficient flexibility to allow the proposed development. The majority of building-mounted telecommunication facilities must be placed at a height significantly above surrounding development in order to function properly. This often requires that such facilities be on the taller buildings in the City. The five-story Westin Hotel is one such building. (f) Development of the site under the provisions of the PC planned community district will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts. The subj ect site is already developed in accordance with the existing PC Zoning District standards and the proposed inclusion of telecommunications facili ties as a permitted use will not materially alter the physical or aesthetic appearance of the site. Moreover, the provision of. on-site telecommunications facilities will result in a benefit to the public through improved and more wide ranging wireless communication services. (g) The use or uses permitted, and the site development regulations applicable within the district are consistent with the Palo Alto comprehensive plan, and are compatible with existing and potential uses on adjoining sites or within the general vicinity. Comprehensive Plan Policies B-13 and B-14 promote the establishment of technologically advanced telecommunications infrastructure that will benefit the City's residents, schools, and businesses. Permitting building-mounted telecommunication facilities at the subject site is consistent with these Comprehensive Plan Policies. On this site, the antenna can be effectively screened from public view and is compatible with surrounding land uses. 2 010312 syn 0090741 SECTION 3. The Council has reviewed and considered the Declaration, including the initial study, prepared for this project, on fi with the Department of Planning and Community Environment, together with the comments received during the public review period. The City Council finds, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the negative declaration reflects the independent judgement of the City. The Negative Declaration is hereby adopted. SECTION 4. In initially approving Ordinance No. 4465, the City Council found that: (a) The site is so situated, and the uses and improvements proposed for the subject property are of such characteri cs that the application of general districts or combining districts will not provide sufficient flexibility to allow the proposed development, in that neither the existing CS zoning, nor any other commercial zoning district, would accommodate the size of the proposed project. The limitat on floor area, floor area ratio, and height which are applicable the conventional commercial zoning districts would not low the development of this hotel proj ect consisting of a floor area of 127,019 square feet and including buildings fifty feet height. (b) Development of the site under the provlslons of the PC Planned Community District will result in public bene ts not otherwise attainable by application of general districts or combining districts, as follows: (i) The proj ect will provide a (5) foot wide right-of-way dedication along the 354-foot long Wells Avenue frontage, which will allow construction of a sidewalk where none currently exists. The new sidewalk to be constructed in the new publ right-of-way matches that to be constructed across the street along the Palo Alto Medical Foundation project frontage and will serve the public. (ii) The project includes a program to provide meeting space for up to 100 persons without charge to nonprofit groups, once per month through the year 2001. (iii) The project will contribute $150,000 to the pedestrian crossing proposed to be constructed between Downtown and the Urban Lane Extension area, or to pedestrian-serving improvements in the vicinity if the crossing is not built. 3 010312 syn 0090741 (iv) Public art, as approved by the Public Art Commission and the Architectural Review Board, will be integrated into the project. (v) The proj ect will contribute $20,000 for improvements to the existing pedestrian tunnel on the south side of University Avenue. (c) The uses permitted and the si te development regulations applicable within the district are consistent with the Palo Alto Comprehensive Plan, and with the uses which presently exist in the surrounding neighborhood. Specifically, the project would be consistent with the following Comprehensive Plan policies and programs: (i) Urban Design Element Policy #3: "Promote visual aesthetics through tree planting, landscaped areas and removal of visually disruptive elements on major Ci ty streets." This project provides a row of street trees along El Camino Real and Wells Avenue and landscaping along both frontages. The proposed landscaping and public art proposals will enhance the appearance of the existing site from El Camino Real and Wells Avenue. (ii) Urban Design Element, Objective, page 42, "Promote the orderly and harmonious development of the Ci ty and the attainment of the most desirable land use and improvements through the review of new development." The site is designated Service Commercial and is well suited for this use. The site is surrounded by similar and compatible commercial, office and hotel uses in the vicinity. (iii) Urban Design Element, Objective, p.42, "Promote visual environments which are of high aesthetic quali ty and variety and considerate of each other." The proposed hotel features high quality materials and attractive landscaping and the building is architecturally compatible with the adjacent Holiday Inn and PAMF facility. Proposed street trees and perimeter landscaping are designed at a human scale that is visually attractive to pedestrians. SECTION 5. Those certain plans entitled "Palo Alto Holiday Inn Expansion, 675 El Camino Real, Palo Alto, CA" prepared by Sandy & Babcok International, dated April 21, 1997 and approved by the Architectural Review Board on August 21, 1997, copy on file in the Planning Division office, and to which copy reference is 4 010312syn 0090741 hereby made, were previously approved as the Development Plan for the subject property, pursuant to Palo Alto Municipal Code Section 18.68.120. Those plans, as supplemented by those certain plans entitled "Specialized Mobile Radio Facility, Site Number CA-2150E," dated August 8, 2000, prepared by Nazari Associates Architects and approved by City Staff on December 7, 2000, a copy of which is on file with the Planning Division of the City, is made a part of this ordinance by this reference. Said Development Plan is approved pursuant to Section 18.68.070 of the Palo Alto Municipal Code subject to the following conditions: (a) Permitted Uses. The permitted uses shall be limited to: (i) a hotel and ancillary uses incidental thereto, including approximately 127,019 square feet of hotel rooms, meeting rooms, restaurant, office and ancillary space, and approximately 97,646 square feet of underground automobile parking for a total of approximately 224,665 square feet; and (ii) building-mounted telecommunications facilities provided that the proposed facility is approved by the Director of Planning and Community Environment after design review. (b) Condi tional Uses. No conditional uses shall be allowed. (c) Site Development Regulations. All improvements and development shall be substantially in accordance with the approved Development Plan and the Conditions of Project Approval adopted by the Council in conjunction with approval of this ordinance. The following are site development regulations which 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 Title 18 (Zoning) of the Palo Alto Municipal Code. (i) Final plans, including materials and colors, complete lighting and photometric plans, detailed landscaping and irrigation plans encompassing on-and off-site plantable areas, and signs shall be reviewed. and approved by the Architectural Review Board ("ARB") prior to issuance of building permits. All utility meters, lines, transformers, backflow preventers, electric panel switchboards, and any other required utilities shall be shown on the final plans and shall show that no conflict will occur between 5 010312 syn 0090741 the utilities and landscape materials and shall be screened in a manner which respect the building design and setback requirements. (ii) Any ot~er exterior changes to the buildings or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone or, if eligible, approval under Chapter 18.99 of the Municipal Code. (iii) The approved Development Plan permits some tree removal and requires the preservation and protection certain trees within the development. No future development or improvement proposed for the subject property following init 1 construction authorized by Architectural Review Approval shall result in the removal or destruction of trees without the approval of the City of Palo Alto in accordance with applicable procedures. (d) Parking and Loading Requirements. The parking the subject property shall be in accordance with the Development Plan. (e) Special Conditions. (i) Right of Way Dedication. The project includes dedication to the City of a five foot wide right of way along the project's entire Wells Avenue frontage. The site plan for the project shall show this area to be dedicated and the dedication shall be completed prior to issuance of the first building permit. (ii) Public Art. This project was approved in part on the bas that it will incorporate origihal art facing El Camino Real, e to the public, as a public benefit of the project. The applicant's public art proposal must be submitted to and approved by the Public Art Commission, applying the standards set forth in PAMC 2.26.040, and by the Architectural Review Board prior to issuance of the first building permit for the project, and shall be fully installed prior to the date of initial occupancy of the project. Pedestrian Improvements. This project was approved part on the basis that it will provide One Hundred Fifty Thousand Dollars ($150,000) toward construction of a pedest crossing proposed to link Downtown with' the Wells Avenue/Urban Lane area. Prior to issuance of a building permit, an agreement in a form satisfactory to the City Attorney shall be executed and recorded to provide for payment of this sum at such time as the tunnel project is approved. The agreement shall 6 010222 syn 0090741 further provide for the use of this sum by City for other pedestrian-serving improvements in the vicinity of the Urban Lane area, in the event that a new pedestrian crossing is not approved. (iv) Meeting Space. This project was approved in part on the basis that it will provide to non-profit organizations, on a monthly basis, meeting space accommodating up to 100 people through the year 2021. Prior to issuanc~ of a building permit, an agreement in a form satisfactory to the City Attorney shall be executed and recorded, guaranteeing the provision of the space and specifying the manner in which the space will be made available. (f) Development Schedule. Construction of the project, exclusi ve of telecommunication facilities, shall commence on or before July 1, 1998, and shall be completed and ready for occupancy on or before December 31, 1999. SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: February 5, 2001 PASSED: February 20, 2001 AYES: BEECHAM, BURCH, EAKINS, FAZZINO, KLEINBERG, LYTLE, MOSSAR, OJAKIAN, WHEELER NOES: ABSTENTIONS: ABSENT: :~M~'T-APPROVED: APPROVED AS TO FORM: 010222 syn 0090741 City Attorney THIS DOCUME·NTIS CERTIFIED TO BEAN Director of 0RDINANCE DULY PAssim BVTHE COUNCIL Communi t y or THF CITY OF PALO ALTO AND TH:.:i":'"A.-I'ER POST~ IN T E COUNCIL CHPd',<r;r:RS ON " " (WITHIN '15 DAYS OF ITS PASSA E) "I certify (or dec/nrc) under penalty of perjury that the foregoing is true an~o~~ectRt1o (li~ ~ ~ g and ment The City of Palo Alto PLANNINO DIVISION s:\Plan\Pladiv\GIS\Westin.ai pc- 3902 . File No: OO-PC-03, OO-ARB-128 Proposed Action: Amend existing PC zone to allow telecommunications. facilities. EXHIBIT "A" This map is a product of the City of Palo Alto GIS --o· 150' 300'