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HomeMy WebLinkAbout1998-01-20 City CouncilTO: FROM: DATE: SUBJECT: City of Palo.Alto City Manager’s Report HONORABLE CITY COUNCIL 2 CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT JANUARY 20, 1998 CMR: 108:98 AMENDMENT TO THE TERMAN SPECIFIC PLAN AT 677-679 ARASTRADERO ROAD TO ALLOW THE REMOVAL OF PORTIONS OF A WALL CONSTRUCTED BETWEEN THE TERMAN COMMUNITY CENTER AND THE SUBJECT PROPERTY AND TO CONSIDER A NEGATIVE DECLARATION FOR THE PROJECT(FILE NOS. 97-CP-2, 97-EIA-.33) RECOMMENDATION Planning Commission and.staff recommend that the City Council approve: The attached Mitigated Negative Declaration (Attachment.A to the Planning Commission staff report), with a finding that the project will not result in any significant environmental impacts, and 2.An amendment to the Terman Specific Plan as stated in the attached Resolution (Attachment B to the Planning Commission staff report). PROJECT,,DESCRIPTION The Terrnan Specific Plan section II J.9.(a) reads as follows: "A solid wall shall be erected along that portion of the Dewitt property line adjacem to the entry roads by Wings 20, 30 and 40 so as to lessen the impact of traffic along the portion of the entry road on the children attending the (Rose Wood) nursery school. This wall will be constructed at the same time as the wall described in paragraph K.(b), below." The wall described above was constructed following the approval of the Terman Specific Plan in 1982. CMP~:108:98 Page 1 of 3 The applicant proposes to amend the Terman Specific Plan to require that the wall be maintained along that portion of the former nursery school property adjacent to the entry road by Wings 20, 30, and 40, with appropriate openings for driveways, walkways, and emergency vehicles entrances/exits, as may be approved by the City from time to time. The former nursery school site is now used by the Mid-Peninsula Jewish Community Day School which is currently pursuing an application to expand its school at this location. Staff recommended to the Planning Commission that section II J.9. (a) of the Terman Specific Plan be removed rather than revised because the Ruth Woods Nursery School no longer exists and the wall is not necessary for its intended purpose. The applicant concurs with the staff recommendation. PLANNING COMMISSION REVIEW AND RECOMMENDATION On December, 21, 1997, the Planning Commission unanimously recommended approval of the staff recommendation to approve the Mitigated Negative Declaration and to delete section II J.9. (a) from the Terman Specific Plan, to allow for the removal of the existing wall located along the western edge of Terman Drive between the Terman Commtmity Center and the site of the former Ruth Woods Nursery School at679Arastadero Road. The removal of the requirement for a wall in this location wotfld allow the applicant to pursue an application for a use permit to operate an elementary school at 679 Arastadero Road with access from Terman Drive rather than Arastadero Road. No significant issues were raised by the Planning Commission; and no opposition to the project was expressed at the public hearing. ATTACHMENTS A. Planning ommission staff report from December 10, 1997 B. Plans (Council Members only) COURTESY COPIES Thomas and Hsu Lo Jay Gould Marion Hill Davis and Miriam Fretthold Hanwant and Raman Singh Chin-Chung and Hsiu-Feng Wang Chai P. and Ann Yu Ed and Carol Mrizek Ken and Stephany Peters Milan and Vera Henzl Norman Chu Brooke Lazzara Ellen Bob Ronald Roth Hugh Dewitt, Trustee C!VIR:108:98 Page 2 of 3 PREPARED BY: Brian Dolan DEPARTMENT HEAD: KENNETH R. SCHREIBER Director of Planning and Community Environment CITY MANAGER APPROVAL:~ /~ ~_~_~ ~) EMIL~?--~SON Assistant City Manager CMR:108:98 Page 3 of 3 PLANNING COMMISSION To: From: Agenda Date: Subject: Planning Commission Brian Dolan, Senior Planner Department:Planning December 10, 1997 Amendment to the Terman Specific Plan at 677-679 Arastadero Road to allow the removal of portions of a wall constructed between the Terman Community Center and the subject Property and to consider a Negative Declaration for the project (File No’s 97-CP-2, 97-EIA-33) RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the attached Mitigated Negative Declaration (Attachment #A) with a finding that .the project will not result in any significant environmental impacts, and approve .an amendment to the Terman Specific Plan as stated in the attached Resolution (Attachment #B). BACKGROUND/PROJECT INFORMATION The Terman Specific Plan sets forth City policy for the development of the Terman Community Center located at 655 Arastadero Road. (See Attachment #C). The Terman Specific Plan was adopted in 1982 and included a requirement that a wall be constructed along Terman Drive between the Community center and the property.at 677-679 Arastadero. This property was -occupied by three single family homes, and the Ruth Woods Nursery School. The Specific Plan stated that the purpose of the wall was "to lessen the impact of traffic on children attending the nursery school." The wall was constructed and still exists in its original form as shown on the attached plans (Attachment D). In 1990, the Mid Peninsula Community Jewish Day School began operations in two. classrooms at the Terman Community Center and four classrooms at the Jewish Community Center also located at 655 Arastadero Road. The Mid Peninsula Jewish Community Day School currently operates two elementary school classrooms in the building which formerly contained the Ruth Woods S :tPLANIPLADIVIPCSRI677Aras Page 1 12-4-97 Nursery School which operates under a use permit approved in 1997 (97-UP-26). In October of 1997, the Mid Peninsula Jewish Day School applied for an amendment to-this use permit t0 construct a new elementary school at 677-679 Arastadero Road that would allow the school to expand its enrollment to meet current demand. The development plan for the expanded school includes removal of the existing structures on the site and provision of access to the site from Terman Drive rather than Arastadero Road. The request to remove portions of the ~vall (as shown on Attachment E) is based on the desire to access the proposed elementary school from Terman Drive. The applicant’s description of requested action is as follows: Amend the Comprehensive Plan and the Terman Specific Plan to require in substance, that "a wall be maintained along that portion of the.Mid Peninsula Jewish Community Day School property adjacent to the entry road by Wings 20, 30 and 40 with appropriate openings for driveways, walkways and emergency vehicle entrances as approved by the City from time to time." The Specific Plan must be amended prior to the approval of the use permit for the elementary school project. The merits of the proposed elementary school project will be evaluated by the City of Palo Alto in its consideration of application 97-UP-26. The attached resolution recommends that Section J. Traffic 9.A. found on page 19 of the Terman Specific Plan be removed rather than revised. Staff considers removal of this section of the plan to be a cleaner method of achieving the applicants objectives than the applicants proposed revision. Site Information Information regarding the applicant, and relevant property owners, Assessor’s Parcel numbers, Comprehensive Plan designations, zoning designations, land uses and parcel sizes are summarized below. Applicant Owner Assessor’s Parcel Number Table 1. Project Information Mid Peninsula Jewish Community Day School 677-679 Arastadero: Hugh Dewitt, Trustee ’ 655 Arastadero: City of Palo Alt0 677-679 Arastadero: 167-05-20 655 Arastadero: 167-05-28,29,30,31 S:]PLANIPLAD1VIPCSRI677Aras Page 2 12;4-97 Comprehensive Plan Desig-nation Zoning Designation Existing Use Surrounding Land Use north: south: east: west: Parcel Size 677-679 Arastadero: Single Family Residential 655 Arastadero: Public Park, Multiple Family Residential, Major InstitutiordSpecial Facilities 677-679 Arastadero: R- 1 (929) 655 Arastadero: Public Facilities (PF) 677-679 Arastadero: three Jingle family homes, kindergarten 655 Arastadero: community center, park single family residential single family residential, cemetery single family residential single family residential 677-679 Arastadero: 1.5 acres 655 Arastadero: 21.57 acres POLICY IMPLICATIONS The proposed amendment to the Terman Specific Plan would amend one of the "Specifics of the Terman Specific Plan" as described above inthe project description. The project is not in conflict with any other policies or programs in the. Specific Plan or the Comprehensive Plan. DISCUSSION Issues and Analysis The analysis for this project relates to traffic safety. S:IPLANIPLADIVIPCSRI677Aras Page 3 12-4-97 Traffic Safety.: The existing wall was required to be constructed between the Terman Community Center and the property at 679 Arastadero Road to protect the children at the Ruth Woods Nursery School from traffic generated by activities at the Terman Community Center. The Ruth Woods Nurse~’ School no longer operates on the site and the barrier is no longer required to separate the traffic on Terman Road from the adjacent property. The removal of portions of the wall would allow access to the property off Terman Drive that is safer than the current access off Arastadero Road. Public Pa~icipation Notice of the Planning Commission meeting was provided by publication of the agenda in a local newspaper of general circulation. Property owners and utility customers within a three hundred (300) foot radius of the project site were sent written notice. RESOURCE IMPACT No resource impact to the City will result from this project. ENVIRONMENTAL ASSESSMENT The Negative Declaration finding that the project would not result in any significant environmental impacts was available for review from November 18, 1997 through December 10, 1997 and is attached to this report (See attachment #A). TIME LINE A City Council public hearing and review has been tentatively scheduled for January 20, 1998. If approved by Council, the applicant may proceed with the use permit application (97-UP-26) for the school. ATTACHMENTS/EXHIBITS Attachment A: Environmental Impact Assessment/Negative Declaration Attachment B: Resolution Attachment C: Location Map Attachment D: Existing Conditions (Commission only) Attachment E: Project Plans (Commission only) COURTESY COPIES S:IPLANIPLADIVIPCSRI677Aras Page 4 12-4-97 Thomas Lo Jay Gould Marion Hill Davis and Miriam Fretthold Hanwant and Raman Singh Chin-Chung and Hsiu-Feng Wang Chai P. and Ann Yu Ed and Carol Mrizek Ken and Stephany Peters Milan and Vera Henzl Norman Chu Brooke Lazzara Ellen Bob Ronald Roth Hugh Dewitt, Trustee Prepared By:Brian Dolan, Senior Planner Management Review: James E. Gilliland, Assistant Planning Official S:IPLANIPLADIVIPCSRI677Aras Page 5 12-4-97 Attachment A RESOLUTION NO. RESOLUTION OF. THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE TERMAN SPECIFIC PLAN WHEREAS, on May 3, 1982, the Council adopted Resolution No. 6025, approving and adopting the Terman Specific Plan pursuant to the provisions of Chapter 19.06 of Title 19 of the Palo Alto Municipal Code; and WHEREAS, the Planning Commission, after duly noticed public hearing held on December i0, 1997, has recommended that the City Council amend the Terman Specific Plan as hereinafter set forth; and WHEREAS, the Council has held a duly noticed public hearing on the matter on January 20, 1998, and has reviewed the contents of the Negative Declaration prepared for the project and all other relevant information, including staff reports, and all testimony, written and oral, presented on the matter; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: ~.. The Council finds that the public interest, health, safety and welfare require amendment to the Terman Specific Plan as set forth in Section 2 hereof. Such amendment of the Plan will permit the modification of an existing wall in order to allow greater flexibility in pedestrian and vehicular circulation in the Terman Specific Plan area. ~. The Council hereby amends the Terman Specific Plan as follows: Section II.J of the Plan (pages 19-20) is revised by deleting Paragraph 9(a) as follows: lessen the i~act of t.x&f£1c alon~ tha5 portion ~LT!~. The Council finds that this project, with implementation of the mitigation measures described in the Negative Declaration, will not have a significant environmental effect. II II II II II II 971125 l-c 0080612 1 ~C~.IQ~_~. This resolution shall be effective upon the thirty-first (31st) day after its adoption. This delayed effective date is intended and shall be construed to provide a sufficient period of time between adoption of the resolution and its effective date,to allow a complete and exclusive opportunity for the exercise of the referendum power pursuant to the Charter of the City of Palo Alto and the Constitution of the State of California. A referendum petition filed after the effective date shall be rejected as untimely. INTRODUCED AND PASSED: AYES: NOES : ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney City Manager Director of Planning and Community Environment 971125 la¢ 0080612 2 Attachment B ENVIRONMENTAL CHECKLIST FORM 1. Project Title: 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: 4.Project Location: 5.Application Number(s): 6.Project Sponsor’s Name and Address: 7.General Plan Designation- 8.Zoning" 9.Description of the Project: Amendment to the Terman Specific Plan City of Palo Alto Planning Division 250 Hamilton Aven’ue, Fifth Floor PaloAIto CA 94301 Brian Dolan, Senior Planner (415) 329-2149 673-679 Arastadero Road 97-.CPA-2 & 97-EIA-32 Mid Peninsula- Jewish Community Day School 655 Arastadero Road Palo Alto, CA 94303 Single Family Residential R-1 (929) The applicant has requested approval of an amendment to the Terman Specific Plan to remove section II J. 9.(a) which states the following: "A solid wall shall be erected along that portion of the Dewitt property line adjacent to the entry roads by Wings 20, 30 and 40 so as to lessen the impact of traffic along the p~rtion of the entry road on the children attending the nursery school. This wall will be constructed at the same time as the wall described in paragraph K.(b), below." 10.Surrounding Land Uses and Setting" The project site is surrounded by residential properties to the southwest on Ynigo Drive, Terman Park to the southeast, the Terman Community Center to the northeast, and residential us.es to the northwest across Arastadero Road. 11.Other public agencies whose, approval is required: None. S:\EIA\673aras.EIA Page 1 97-EIA-33 ENVIRONMENTAL F/~ ORS POTENTIALLY AFFECTED: The environmental factors checked below .would be potentially affected by this project as "indicated by the che~:klist on the following pages. X Land use and Planning Population and Housing Geological Problems Water Air Quality Transportation and Circulation Biological Resources Energy and Mineral Resources Hazards X Noise Public Services Utilities and Service Systems X Aesthetics Cultural Resources Recreation Mandatory Findings of Significance S:\EIA\673aras.EIA Page 2 97-EIA-33 DETERMINATION: On the basis of this initial evaluation" I find that the proposed project COULD NOT have a significant effect on the environment,X and a NEGATIVE DECLAR, ATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (1) have been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Project Planne~ 7 Director of Planning & Community Environment I//I Date S:\EIA\673aras.EIA Page 3 97-EIA-33 EVALUATION OF ENVIRONMENTAL IMPACTS: Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact 1. LAND USE AND PLANNING. Would the proposal: ai Conflict with general plan designation or zoning?1,2 X b) Conflict with applicable environmental plans or policies 1 X adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity?3 X d) Affect agricultural resources or operations (e.g. impact 3 X to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an 3 X established community (including a low-income or minority community)? 2. POPULATION AND HOUSING. Would the proposal: a)Cumulatively exceed official regional or local population 3 X projections? b) Induce substantial growth in an area either directly or 3 X indirectly (e.g. through projects in an undeveloped area or major infrastructure? c)Displace. existing housing, especially affordable 3 X housing? 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture?3 x I b) Seismic ground shaking?3 x I c) Seismic ground failure, including liquefaction?3 x I d) Seiche, tsunami, or volcanic hazard?3 x I e) Landslides or mudflows?3 S:\EIA\673aras.EIA Page 4 97-EIA-33 f)Erosion, changes in topogr’aphy or unstable soil conditions from excavation, grading or fill? g) Subsidence of the land? h) Expansive soils? I) Unique geologic or physical features? 3 3 3 3 4. WATER. Would the proposal result in: a)Changes in absorption rates, drainage patterns, or the 3 X rate and amount of surface runoff? b)Exposure of people or property to water related hazards 3 X such as flooding? 3 Xc) Discharge into surface waters or other alteration of surface water quality, including but not limited to temperature, dissolved oxygen, turbidity or other typical storm water pollutants (e.g. sediment and debris from construction, hydrocarbons and metals from vehicle use, nutrients and pesticides from landscape maintenance? d)Changes in the amount of surface water in any water 3 X body or wetland? e)Changes in currents, or the course or direction of water 3 X movements, in marine or freshwater, or wetlands? f)3 XChange in the quantity of ground waters, either through direct additions or withdrawals, or through interception of anaquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h)Impacts to groundwater quality through infiltration of reclaimed water or storm water runoff that has contacted pollutants from urban or industrial activities? 3 3 Substantial reduction in the amount of groundwater otherwise available for public water supplies? j)Alteration of wetlands in any way? 5.AIR QUALITY. Would the proposal: a)Violate any air quality standard or contribute to an exiting or projected air quality violation? b) Expose sensitive receptors to pollutants X X X X S:\EIA\673aras.EIA Page 5 97-EIA-33 c)Alter air movement, moisture, or; temperature, or cause 3 any change in climate? ~) Create objectionable odors? ’3 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ,3 b)-Hazards to safety from design features (e.g. sharp 3 curves or dangerous intersections) or incompatible uses (e.g. farm equipment))? c)Inadequate emergency access or access to nearby 3 uses? d) Insufficient parking capacity oh-site or off-site?3 e) Hazards or barriers for pedestrians or bicyclists?3 f) Conflicts with adopted policies supporting alternative 3 transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts?3 7. BIOLOGICAL RESOURCES. Would the proposal result reduction or interference in: a)Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals or birds)? b) Locally designated species (e.g. heritage trees)? c) Locally designated natural communities (e.g. oak ’ forest, coastal habitat, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool? e) Wildlife dispersal or migration corridors? 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b)Use non-renewable resources in a wasteful and inefficient manner? c)Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 9. HAZARDS. Would the proposal involve: 3 3 3 3 3 3 3 X X X X X X X x I X X X S:\EIA\673aras.EIA Page 6 97-EIA-33 a)A risk of accidental e.xplosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b)Possible interference with an emergency response plan or emergency evacuation plan? c)The creation of any health hazard or potential health hazard? d)Exposure of people to existing sources of potential health hazards? e)Increased fire hazard in areas with flammable brush, grass of trees? 10. NOISE. Would the proposal result in: 3 3 X X X X X a) Increase in existing noise levels? b) Exposure of people to severe noise levels? 3 3,4 X 1 !. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: X a) Fire protection? b) Police protection? c) Schools? d)Maintenance of public facilities, including roads or storm drain facilities? e) Other governmental services? 3 3 3 3 3 X X X X X 12.UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage or storm water quality control? f) Solid waste disposal? g) Local or regional water supplies? 3 3 3 3 3 3 3 X X X X X X X S:\EIA\673aras.EIA Page 7 97-EIA-33 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? 14. CULTURAL RESOURCES, Would the proposal: 3 3 3 a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d)Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? 3 3 3 3 x X X -X 3 X 15. RECREATION. Would the proposal: a)Increasethedemandforneighborhoodorregionall~arks 3 I ij or other recreational facilities? b) Affectexisting recreational opportunities?3 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality Of the environment,, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or an!real or eliminate important examples of the major periods of California history or prehistory? b) Doesthe project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does th~ project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) X S:\EIA\673aras.EIA Page, 8 97-EIA-33 d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? S:\EIA\673aras.EIA Page 9 97-EIA-33 ,DISCUSSION OF ENVIRONMENTAL IMPACTS: 6. Transportation /CirculatiOn b. & c. Hazards to safety and adequate access The proposed removal of the wall will provide the opportunity for the project site to be accessed from theTerman Drive. This access would result in fewer curb cuts onArastadero Road and would result in a safer access for the project site. As described in section 11.9. (a) of theTerman Specific Plan, construction of the wall was originally required to "lessen the impact of traffic along that portion of the entry road on the children attending the nursery school." This separation .is not considered necessary by the operators of the proposed new school on the project site. Mitigation Measures: None required. 10. Noise " b. Exposure to noise The original purpose of the wall was not to mitigate noise but rather to separate the nursery school children from traffic on Terman Drive. The removal of the wall between the two properties would allow minimal amounts of noise to more easily be heard between the two land uses. The existing uses at the Terman Community Center and the proposed new use on the nursery school site are not incompatible in their noise generation characteristics. Mitigation Measures: None required. 13. Aesthetics b. Demonstrable negative visual effect The removal of the wall will allow visibility between the Terman Community Center and the project site. This increase visibility will not subject either property to undesirable or visually incompatible views. Mitigation Measures: None required. S:\EIA\673a~as.EIA Page 10 97-EIA-33 INITI~AL STUDY SOURCE LIST: 1)City of Palo Alto Comprehensive Plan, 1980-1995 2)City of Palo Alto Zoning Ordinance 3)Planner’s knowledge of the project and area of proposed development 4)Terman Specific Plan S:\EIA\673aras.EIA Page 11 97-EIA-33 Attachment C DR Project Site R-I 929~ HENRY M, GUNN HIGH SCHOOL PF RE RE CEMETERY Graphic Attachment to Staff Report #: 97-CP-2 97-EIA-33 Scale: 1"= 400’ North