HomeMy WebLinkAboutStaff Report 173-06City of Palo Alto
City Manager’s Report
8
TO:HONORABLE CITY COUNCIL
FROM:CITY 5IANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
MARCH 20, 2006 CMR: 173:06
850 WEBSTER STREET [04PLN-00131]: REQUEST BY CHANNING
HOUSE FOR A PLANNED COMMUNITY ZONE AMENDMENT TO
MODIFY THE PERMITTED USES TO INCLUDE UTILITY FACILITIES,
SPECIFICALLY WIRELESS COMMUNICATIONS FACILITIES, FOR
AN EXISTING STATE LICENSED RETIREMENT FACILITY. ZONE
DISTRICT: PLANNED COMMUNITY PC-4048. ENVIRONMENTAL
ASSESSMENT: EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PER SECTION 15301.
RECOMMENDATION
Staff and the Planning and Transportation Commission (Commission) recommend that the City
Council approve the amendment to the existing Planned Conununity Zone (PC-4048) for 850
Webster Avenue as described in the attached ordinance (Attachment A).
DISCUSSION
Chamaing House requests that "utility facilities" use be added as a permitted use to PC-4048 to
allow wireless communication facilities. The existing PC was established in 1961 (PC-2007) and
listed the allowed uses as "cooperative type retirement residence of not to exceed 320 units, with
dining, cultural and recreational facilities for use of tenants and guests." There are no other types
of uses allowed for this PC zone. There have been several amendments to the oriNnal PC zone,
but none affect the allowable uses as originally proposed in 1961. Attachment C provides the
ori~nal PC zone verbiage and the four amendments.
The Channing House is currently working with MetroPCS to lease roof-top space for a new
wireless communications facility. Upon the approval of this PC amendment, MetroPCS will
complete the Architectural Review process to obtain the entitlement to allow its new facility.
CMR: 173:06 Page 1 of 2
The Planned Community amendment process requires review by the following bodies in the
following order: Planning and Transportation Commission, Architectural Review Board,
Planning and Transportation Colmnission, and then City Council for final action.
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
The Planned Community Zone Amendment has been reviewed by the Commission (12/14/05
and 02/08/06) and the Architectural Review Board (01/19/06). In all three pubic hearings, there
was unanimous support for the reco~mnendation of approval.
The Colmnission and Board recomlnended approval of this project without any significant
discussion and there were no members of the public present to speak to this item at the public
hearings.
The December 14, 2005 Commission staff report and meeting minutes are attached for
back~ound information for this proposal (Attachments E & F).
ENVIRONMENTAL REVIEW
This project is exempt fi’om the provisions of the California Enviro~maental Quality Act per
Section 15301.
PREPARED BY:
Associate Planner
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
STEVE E~-’S LIE
Director of Planning and Community Enviromnent
/"
EMILY HSXRRISON
Assistant City Manager
ATTACHMENTS:
No
B.
C.
D.
E.
Ordinance
Project Aerial & Zone Map
Related PC Ordinances
Zoning & Comprehensive Plan Compliance
Planning and Transportation Commission Staff Report, December 14, 2005 (w/o
attachments)
Planning and Transportation Commission Minutes, December 14, 2005.
COURTESY COPIES:
Channing House
Tom Spaulding
CMR: 173:06 Page 2 of 2
NOT YET APPROVED
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 18.08.040 OF THE PALO ALTO
MUNICIPAL CODE (THE ZONING MAP)BY AMENDING THE
EXISTING PLANNED COMMUNITY ZONING DESIGNATION OF
THE PROPERTY KNOWN AS 850 WEBSTER STREET TO
PROVIDE FOR UTILITY FACILITIES
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION i. That paragraph a. of Section 3 of Ordinance No.
2007 being the P-C Development Plan for the property known as 850
Webster Street be further amended to read as follows:
a.Permitted Uses:
(i)Cooperative-type retirement residence of not to
exceed 320 units, with dining, cultural and
recreational facilities for use of tenants and
guests as outlined in application; and
(2) Utilities facilities.
SECTION 2. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
St. Deputy City Attorney
Mayor
City Manager
Director of Planning and
Community Environment
060314 syn 0120087
Attachment B
The City of
Palo Alto
850 Webster Street
PC Amendment
2001 Aerial
04PLN-00131
This map is a product of the
City of Palo Alto GIS
The City of
Palo Alto
850 Webster Street
PC Amendment
04PLN-00131
This map is a product of the
City of Palo Alto GIS
PLANNED COMMUNITY ZONING HISTORY
850 Webster Street
¯PC-2007,1961 (Allowable useslisted)
¯PC-3461,1961
¯PC-3960,1962
¯PC-2492,1969
¯PC-4048,1991
Attachment C
City of Palo Alto
ORDINANCE NO. 2007
AN ORDINANCE OF THE CITY OF PALS ALTO A~NDING
SECTION 3.0Z OF ~ZONING ORDI~NCE NO. 13Z4 ~ $~/
FOR A C~NGE OF DIS~ICT OF CERTAIN ~O~R~’
~O~ AS 850 k~BSI~R S~ET FROM R-4 TO ~C ~ ~
(RETIRF~NT CEN~R)
!~ne Council of the City of Palo #~Ito does ORDAIN as follows:
Section I. Section 3.02, the Zonir~ Map, of the Zonir~
Ordinance No. 1314, is hereby amended to change a district from
R-4 to P-C (Retirement Center) for the property at 850 Webster
Street,
Section 2. A map describir~g said affected property and the
zone char~ge contemplated hereby, and a Development Plan under
Section 16.07 of the Zoning Ordinance is affixed hereto, m~rked
Exhibit A and by reference made a part hereof.
Section 3. The Development Plan is approved in accordance
with the following conditions:
Per~tted Uses: Cooperative-type retirement residence
’af not to exceed 320 units, with dining, culturel
and recreational facilities for use of tenants and
guests as outlined in application.
Structure:
~-~ta-~Idir~ Coverage: 41,350 sq. ft. including area of
approximately
7,108 sq. ft. covered by balconies,
terrace and marquee.
Height: Main Structure - I13.5 ft. (i0 stories)
Penthouse 13.0 ft.
Total
Setbacks: In accordance with plot plan~
Site:
~---~overage: 41.35% (including alley)
Open,Green Areas: 31,.650 sq, ft. (or 98.90 sq. ft/unit)Land,.caping in accordance, with plot plan.
Access features, driveways, traffic circulation in
accordance with plot plan. .~
Off-Street Parking: A ndnimumof 123 spaces (73 covered
and 50’ uncovered) to be developed in accordance with
plans, with sufficient additional area reserved to
provide a minimu~iof 55 spaces (property across alley).
Si~: In accordance ~ith Sign Ordinance for R-4 Districts.
DeveloDment Schedule: Start of construction by January I,
~D62,"~ith om~l@’tion within approximately 9.ighteen months
thereafter.
- 1 -
Section 4.ordinance shall become efi ~ctive upon the
expiration of thirty days from its passage.
INTRODUCED: February Z7, 1961.
PASSED:March 13, 1961, by unanimous voice vote.
ATTEST:APPROVED:
Mayor
APPROVED AS TO FORM:
APPROVED AS TO CONTENTS:
~lanning Department
RESOLUIqON NO. 3461
RESOLUTION OF TEE COUNCIL OF THE CITY OF PALO ALTO
A/~NDING ORDINY~NCE NO. 2007, BEING I~HE DEVELOPFENT
PLAN FOR THE PROPERTY ~{OWN AS 850 ~BSTER STREET
(CHANNING HOUSE)
The Council of the City of Palo Alto does RESOL~-E as follows:
Section I.That Items b. and f. of Section 3 of Ordinance
No. 2007, being the development plan for the property at 850"
Webster Street (Channing House) be amended to read as follows:
Strut ture:’Total ~uilding Coverage: 41.350 sq. ft. including
area of approximately 7,108 sq. ft. covered by
balconies, terrace and marquee.
Height: Main Structure
Penthouse
Chimney
117.5 (I0 stories)
23.0
1.5
"iY?2-~ feet
Setbacks: In accordance with plot plan
f.Development Schedule: Start of construction by
F~"bruary 15’, 1962~ With co~xpletion within approxi-
~mtely eighteen months thereafter.
Section 2.
approved.
All other conditions shall remain as previously
INTRODUCED AND PASSED: December ] I, ]961, by unanimous voice vote.
ATTES T:APPROVED:~~-
Mayor
City Clsrk
APPROVED AS TO FORM:
’City Attorney
APPRO~/ED AS TO CONTENT:
P l’~nni~g Depar t~ent
~t
RESOLUTION NO. 3690
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
A.MENDING ORDINANCE NO. 2007 (PREVIOUSLY A~,IENDED BY
RESOLUTION No. 3461, DECE~BER 11,1961) BEING THE
P-C DEVELOPMENT PLAN FOR THE PROPE~ITY IQNOWN AS
850 WEBSTER STREET (RETIRE%lENT CENTER)
The Council of the City of Palo Alto does RESOLVE as ’follows:
SECTION i. That Item (f) of Section 3 of Ordinance
2007 (previously amended by Resolution No. 3461, dated December
ii, 1961) being the P-C Development Plan for the p~operty known
as 850 Webster Street be further amended to r~ad as follows:
"f. ~evelopment Schedule. Start of construction
by February i5, 1962, with completion by March 15,
INTRODUCED Al~rO PASSED: November IZ, 1963 by a unanimous vote,
ATTEST:APPROVSD:
/s/ Gall Davis
City Clerk
APPROV~]D AS TO FORi~:
/s/ Dean R. Cresap
May or
/s/ Robert E. ~4ichalski
City Attorney
APPROVED AS TO CONTENT:
/s/ Louis J. Fourcroy
P~anning Department
ORIGINAL
ORDINANCE NO. 2492
OPd)INANCE OF THE COUNCIL OF THE CI’i%’ OF PALO ALTO
AMENDING SECTION 18.08.040 OF THI’~ PALO ALTO MUNICIPAL
CODE CHANCING THE ZONING OF CERTAIN PROPERTY KNO~ AS
-~2~~-~ FROM R-4 TO P-C
The Council of the City of Palo Alto does ORDAIN as
follows : .
SECTION I. Section 18.08.040 of the Palo Alto Municipal
Code (the Zoning Map) is hereby amended to change the zoning
of certain property known as 520-532 Homer Avenue from R-4
to P-C.
SECTION 2. Said property is shown on a map attached
hereto, marked EXHIBIT A and incorporated herein by reference.SECTION 3. This ordinance shall. become effective upon
the expiration of thirty days from its passage.
INTRODUCED :~arch ~ 0. 1969
PASSED:March Z4, 1969
AYES:Arnold, 13eahrs, 1Berwaid, Clark, Cor~s[ock,Dial,Gat|agh~r,
Gullix~on, P~arson, Spa~[h, Whe.~tl~y
NOES:
ABSENT: Non~
FORM :
A PPR0VED :
Y
APPROVED AS TO CON’~ENT:
Oirec [drg<[~lanr~ing and
Co~mnun i t ~eve Io pme n t
REMAINS R-~P
._MALN S EMAINS
\~ COWPER ST.
68-ZC-20
ZONE CHANGE. BOUNDARY
EXISTING ZONE BOUNDARY
SCALE 6’ 2oo’ 4oo’
ORDINANCE NO. 4048
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 18.08. 040 OF THE PALO ALTO MUNIC-
IPAL CODE (THE ZONING MAP) BY AMENDING THE
EXISTING PLANNED COMMUNITY ZONING DESIGNATION OF
THE PROPERTY KNOWN AS 850 WEBSTER STREET TO
PROVIDE FOR SEISMIC UPGRADING AlqD A SERVICE
ELEVATOR (CHANNING HOUSE)
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. Section 18.08.040 of the Palo Alto Municipal
Code, the "Zoning Map", is hereby amended by amending the existing
"PC Planned Community" zoning designation of certain property known
as 850 Webster Street (the "subject property") to allow for the
construction and maintenance of certain hereinafter described
improvements on the subject property. The subject property is
shown on a map attached hereto as Exhibit "A" and incorporated
herein by reference. The existing PC zoning designation of the
subject property was enacted pursuant to Ordinance No. 2007,
adopted March 13, 1961. The development plan for the subject
property ~was adopted pursuant to Ordinance No. 2007, and was
amended by Resolution No. 3461, adopted December ii, 1961 and by
Resolution No. 3690, adopted November 12, 1963.
SECTION 2. The City Council hereby finds with respect to
the subject property that:
(a)The existing senior housing development, because it
was originally developed under a Planned Community
zone, is of such characteristics that the application
of general districts or combining districts will not
provide sufficient flexibility to allow the seismic
upgrading and service elevator addition.-
(b)The proPOsed seismic upgrading and service elevator
addition will result in public benefits not otherwise
attainable by ~application of the regulations of
general districts or combining districts, in that the
senior housing development will be voluntarily
upgraded to reduce potential harm to life and property
as a result of seismic activity; The service elevator
will provide additional seismic bracing at the south
end of the building and will allow staff and other
personnel to avoid the disruptive use of the front
elevator lobby for emergency and other service use.
910701 5dc 0030305
The proposed seismic upgrading and service elevator
addition are consistent with the Palo Alto
Comprehensive Plan and are compatible with existing
and potential uses on adjoining sites and within the.
general vicinity, in that the project will increase
the seismic safety of both the residents of the senior
facility and adjacent residential development, and
will generally remain within the parameters of the
existing Planned Community zone and site development
regulations.
SECTI_ON 3. Those certain plans, entitled ,,Channing House
seismic Upgrade, prepared by B.H. Bocook, Architect, Inc., given
Architectural Review Board approva! on June 6, 1991, a copy of
which is on file in the Planning Department, and to which copy
reference is hereby made concerning the full particulars thereof,
are hereby collectively approved as an amendment to the Development
Plan for the subject property pursuant to Section 18.68.120. Said
amendment to the Development Plan is approved for the following
uses, and subject to the following conditions:
(a)Permi_______tted Uses. No change
(b)
(c)
(d)
C~ndi_______tional Uses~ No change
Site Development Requlations. No change except as
specifically changed by the amendment approved by this
ordinance.
Parkinq and Loadinq Requirements. The parking and
loading requirements governing the subject property
shall be in accordance with the Development Plan as
amended.
(e)Special Requirements. .The following conditions are
made special requirements conditioning the approval
granted by this ordinance:
(I)All tree protection measures contained in the
arborist report prepared by S.P.McClenahan
Company, dated June 3, 1991,shall be
implemented.Specifically, the following
measures shall be taken:
(’i)Prior to initiation of construction
activity, temporary barricades shall be
installed around all trees in the
construction area, as indicated in the
arborist report. The barricades may be
placed around individual trees or groups
of trees, as needed. The barricadesshall be at least six feet in. height,
shall enclose the entire area under the
dripline (except where the arborist
report indicates dripline excavation is
required) and shall be made visible by
means of a paint or fabric strip along
the top edge. The barricades sha!l
remain in place until final construction
operations are completed.
2
(2
(3
(ii)No materials or excavated soils shall be
stored within any tree enclosure area.
(iii)During and upon completion of any
trenching/grading operation within a
tree’s dripline, should any roots greater
than two inches in diameter be damaged,
broken or severed, timely root pruning
shall be accomplished under supervision
of a qualified arborist.
(iv)All trees impacted by construction shall
be fertilized by means of a deep. root
Soil injection in spring and summer.
This fertilization program shall begin
prior to the start of construction.
(v)All trees impacted by construction shall
be irrigated at regular four week
inter~als during the period May 1 through
October 31. Irrigation shall be
accomplished as recommended in the
arborist report.
(vi)Above ground surface runoff shall not be
directed into tree canopy areas from
adjacent areas.
To avoid lifting of the pavement, a root barrier
shall be constructed along the edge of the new
service elevator walkway.
A temporary parking plan, as outlined in the
June i0, 1991 letter from Fred H. Seal, shall be
implemented during the entire construction
period, and shall include the minimum following
measures:
(i)The employee parking lot located on Homer
Avenue shall be reserved for use by
Channing House residents whose parking
spaces are unavailable due to
construction work.
.(ii)Channing House shall make arrangements
for employees to park in off-site lots,
and provide shuttle service for these
employees.
(iii)The contractor shall establish an
acceptable off-site parking location for
construction of. employees who cannot be
accommodated within designated on-site
construction areas, and provide shuttle
3
910701 bdc 0030305
5)
service to bring them to and from the
site ¯
(iv)A final parking plan indicating the off-
site parking locations for both employee
and contractor parking shall be submitted
for staff approval prior to issuance of a
building permit.
All construction activities shall be subject to
compliance with the provisions of the city of
Palo Alto Noise Ordinance (Chapter 9.10 of the
Palo Alto Municipal Code). In addition, noise
measures detailed in the June i0, 1991 letterfrom Fred H. Seal, including the following,
shall be implemented during project
construction:
i)
The basement area shall be used as much
as possible for construction activities.
(ii)
(iii)
(iv)
(v)
Should any construction activities create
significant noise problems for residents,
such construction activities shall be
limited to no more than six hours per
day.
The use of quieter equipment shall be
substituted for impact tools such as
jackhammers, whenever feasible.
During removal of the concrete slab under
the skilled nursing wing, patients shall
be relocated to a quieter area of the
building. All subsequent work in the
area of the skilled nursing wing shall be
monitored to ensure patients are not
negatively impacted.
All access to the work area, with the
exception of ground level construction
and storage areas, shall be directly into
the basement area, andall materials
shall be delivered directly to the work.
area.
To reduce any potential, problems of
maneuverability in the garage area, the parking
garage shall be redesigned as follows:
(i)The columns in the preliminary plans
dated 6/6/91 were shown in a square
configuration of approximately five feet
per side. The columns shall be reshaped
and/or rotated to eliminate the square
configuration which will provide both
additional width, and ease of access to
the parking stalls.
(ii)Parking space #2 is an end space and is
completely open on.one side. This space
is currently i0’6" by 20’ and following
modification of the single column
adjacent to this space, it should still
be at least 8’ by 20’ or possibly larger.
Restriping of the end section could also
add additional space if necessary. Used
by a mid-sized automobile at. present,
this usage should continue.
iii)
(iv)
Access to parking space #iI will be
improved significantly by the
modification of the column design
allowing normal traffic usage. Should it
be necessary, a compact automobile could
be assigned to this space.
The compact spaces designated -#55, #56
and #57 were located in the incorrect
position of the 6/6/91 drawings and shall
be relocated to the space shown on the
drawings as space #44 and space #45 which
will provide a minimum parking space of
7’8" or larger. In the new location the
smaller support column is in the middle
of the parking space rather than at the
end of the space, which improves access
significantly.
(6)To reduce dust levels during construction,
exposed earth surfaces shall be watered
frequently during the late morning and the end
of the day, with the frequency of watering
increasing on windy days. If necessary, all
streets and haul routes shall be cleaned daily.
Spillage resulting from any hauling operations
along or acrossany PUblic or private property
shall be removed immediately and paid for by the
contractor. Dust nuisances originating from the
contractor’s operations, either inside or
:{:~outside the right-of-way, shall be controlled at
:.the contractor’s expense.
(f)D~veloDment Schedule. Construction of all work to be
done pursuant to the amendment adopted by this
ordinance shall be completed by October 31, 1993.
SECTION 4. The city Council hereby finds that this project
is categorically exempt from the requirements of the California
Environmental Quality Act ("CEQA") , pursuant to Section 15301(e) (2)
of the CEQA guidelines.
SECTION 5. This ordinance shall be effective on the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED:July 22, 1991
August 19, 1991PASSED:
AYES: Cobb, Eazzino, Levy, McCown, Renzel,~ Sutorius, Woolley
NOES:
ABSENT: Andersen, Kniss
ABSTENTIONS:
ATTEST:
city Clerk
APPROVED:
APPROVED AS TO FORM:
Senior Ass . City Attorney
Ci ~er,/.~! .:_\
Di’rector of Planning and
Community Environment
EXHIBIT A
PC-2836
wEBSTER
RY~NT ¯
P0-
2830
SITE LOCATION
850 Webster Street
.GRAPHIC ATTACHMENT DATE" 3122191 SCALE: ]" - 200’
TO $TAF~ R[PORT FI~E NO. 90-Zc-2. 90-v-~.
PROJECT: 850 Webster Street: Seismic UpzradinZ and
height variance request, P:lanned~ Community Zone amend-
: ment ’ NORTH
June 23, 1993
Stephen W. Player
550 Hamilton Avenue
Suite 300
Palo Alto, CA 94301
Dear Mr. Player:
Subject:Request for Extension of Ordinande No. 4048
~men~ Schedule
In response to your letter, dated June 17, 1993, requesting an
extension of the deadlines listed in Section 3(f) of Ordinance
No. 4048 for property located at: 850 Webster Street, the
extension is granted pursuant to Section 18.68.130 of the Palo
Alto Municipal Code.
The extension is for a maximum period of one additional year
only, such that the construction must be completed by October
31, 1994. Further extensions are not allowed under this code
section, an}, further extension would have to be reviewed and
approved by the Planning Commission and City Council.
Please feel free to contact me at (415) 329-2321 with any
questions.
Sincerely,
Chief Planning official
Fred Herman, chief Building official
Jim Gilliland, Manager Planning Projects
Lori Topley, Senior Planner
250 Hani] ton Avenue
P.O. Box 1050
P~o ~2 t0, C_A 94303
4!5.329.244!
415.329.2240 Fax
Attachment D
ZONING & COMPREHENSIVE PLAN COMPLIANCE
850 Webster Street
The proposed wireless communication facility use is consistent with the Comprehensive Plan.
Policy B-12 states that the City supports the development of tectmologically advanced
colmnunications infrastructure and other improvements that will facilitate the gowth of
emerging telecommunications industries.
The proposed wireless convnunication use is ancillary to the existing pfimm’y use of a retirement
residence. The uses are consistent with the Comprehensive Plan desi~aation of Multiple Family
Residential. The proposed PC amendment will make the additional wireless communication use
compliant with the specific zoning for the site.
CiO’ of Palo Alto
Attachment E
PLANNING DIVISION
STAFF REPORT
TO:PLANN~,~G & TRANSPORTATION COMMISSION
FROM:Clare Campbell
Associate Planner
DEPARTMENT: Planning and
Community Environmem
AGENDA DATE: December 14, 2005
SUBJECT:850 Webster Street [04PLN-00131]: Request by Channing House for a
Planned Community Zone Amendment to modify the permitted uses to
include "utility facilities," specifically wireless communications facilities,
for an existing state licensed retirement facility. Zone District: Planned
Community PC-4048. Environmental Assessment: Exempt from the
California Environmental Quality Act per section 15301.
RECOMMENDATION
Staff recommends that the Planning and Transportation Commission recommend that the City
Council approve the amendment to the existing Planned Community Zone (PC-4048) as
described in the attached ordinance (Attachment A).
SUMMARY OF KEY ISSUES
The Channing House requests that "utility facilities" use be added as a permitted use to PC-4048
to allow wireless communication facilities. The existing PC was established in 1961 (PC-2007)
and listed the allowed uses as "cooperative type retirement residence of not to exceed 320 units,
with dining, cultural and recreational facilities for use of tenants and guests." There are no other
types of uses allowed for this PC zone. There have been several amendments to the original PC
zone, but none affect the allowable uses as originally proposed in 1961. Attachment C provides
the original PC zone verbiage and the four amendments. Currently, planning staff are also in
receipt of another PC amendment request for the Channing House to allow for a new 34,000
square foot health facility with 17,000 square feet of underground parking. This request is
tentatively scheduled for initial review by the Planning Commission in January 2006.
The Channing House is currently working with MetroPCS to lease roof-top space for a new
wireless communications facility. Upon the approval of this PC amendment, MetroPCS will
complete the Architectural Review process to obtain the entitlement to allow their new facility.
City of Palo Alto Page ]
Review Process
Currently, wireless communication facilities fall into the use category of "utility facilities,"
which is an allowable conditional use in all standard zone districts. In standard zone districts,
wireless communication facilities require both a Conditiona! Use Permit and Architectural
Review. For existing Planned Community (PC) zones, an amendment must be made to the
existing PC zone to allow additional uses. If the new use is added as permitted, a proposed
project would require Architectural Review only.
The current project being proposed by MetroPCS is a roof-mounted facility with antennas
camouflaged behind a new false vent stack, similar to the one already on the rooftop (~ 140’
above grade). This proposed project is being reviewed under a staff level Architectural Review
concurrently with the proposed PC amendment.
Telecommunications Act of 1996
Personal wireless telecommunications facilities are regulated by the federal government pursuant
to the Telecommunications Act of 1996 ("Act") (47 U.S.C. § 151 et seq.). Under the Act, local
governments retain control over decisions regarding the placement, construction and
modification of personal wireless service facilities so long as they are in writing and supported by
substantial evidence; and do not: (a) unreasonably discriminate among providers of functionally
equivalent services; (b) prohibit or have the effect of prohibiting the provision of personal
wireless services; or (c) are not based on the environmental effects of radio frequency emission
to the extent that such facilities comply with the Federal Communications Commission’s
regulations concerning such emissions. (47 U.S.C. § 332(c)(7)).
A common issue raised by concerned citizens regarding wireless communications projects is the
potential health risks these projects may cause. As mandated by the Telecommunications Act of
1996, as stated above, the City cannot deny a project based on potential environmental or health
risks due to the radio frequency emissions as long as the facility complies with the FCC
regulations regarding such emissions.
ENVIRONMENTAL REVIEW
This project is exempt from the provisions of the California Environmental Quality Act per Section
15301.
ATTACHMENTS:
A.Ordinance
B.Project Aerial & Zone Map
C.Related PC Ordinances
D.Zoning & Comprehensive Plan Compliance
COURTESY COPIES:
Channing House
Tom Spaulding
City of Palo Alto Page 2
PREPARED BY: Clare Campbell, Project Planner
REVIE\VED BY: John Lusardi, Planning Manager
~LUS AR~~r~G MANAGER
CiO, of Palo A lto Page 3
Attachment F
1 ORAL COMMUNICATIONS. Members of the public may speak to any item not on the agenda
2 with a limitation of tt~a’ee (3) minutes per speaker. Those who desire to speak must complete a
3 speaker request card available from the secretary of the Commission. The Planning and
4 Transportation Commission reserves the right to limit the oral commnnications period to 15
5 minutes.
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Vice-Chair Holman: Seeing none we move to the second agenda item, which is Agenda
Changes, Additions and Deletions to the agenda. Do any Commissioners or Staff have any?
AGENDA CHANGES, ADDITIONS AND DELETIONS. The agenda may have additional
items added to it up until 72 hours prior to meeting time.
Mr. John Lusardi, Planning Manager: No, Madam Chair.
Vice-Chair Holman: Thank you very much. So given that we will move to item one, 850
Webster Street. It is a request by Charming House for a Plmmed Community Zone Amendment
to modify the permitted uses to include utility facilities specifically wireless communications
facilities for an existing state licensed retirement facility. Zone District is PC 4048.
Enviromnental Assessment is Exempt from CEQA per section 15301. Would Staff like to make
a presentation?
NEW BUSINESS:
Public Hearings.
850 Webster Street (Channing House): Request by Channing House for a Planned
Community Zone Amendment to modify the permitted uses to include wireless
telecommunications facilities. Zone District: PC 4048. Enviromnental Assessment:
Exempt from CEQA per section 15301.
Ms. Clare Campbell. Associate Planner: Thank you. Good evening Commissioners. The first
project is a request for a Planned Comnmnity Zone Amendment to add utility facilities as a
permitted use. The Channing House, an existing retirement residence, would like to be able to
add wireless corrmmnication facilities, which is a subset of the utility facilities used, to their
property. Currently there is one wireless communications proposal for this site for a roof-
mounted facility that would be concealed within a false chimney. With the approval of this
amendment this proposal and all future wireless colmnunication proposals would require
architectural review for approval only.
Just a reminder, the PC Amendment process includes tonight’s initial meeting then the item goes
back to the Architectural Review Board then it will come back to the Planning Commission
before it goes to the City Council for final action.
Staff recormzaends that the Planning and Transportation Commission recommend that the City
Council approve the Plamaed Community Zone Amendment as shown in the draft ordinance
attached to the Staff Report. This concludes Staff’s Report. Carl Braginsky from the Chroming
CiO, of Palo Alto December 14, 2005 Page 2 of 56
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House is here tonight and prepared to make a brief presentation. We also have representation
from Metro PCS just in case there are any technical questions. Thank you.
Vice-Chair Hohnan: Thank you. Mr. Braginsky would you state your name and address for the
record? You have five minutes to speak.
Mr. Carl Braginskv, Chalming House. Palo Alto: I reside in Half Moon Bay and I work at 850
Webster Street. I am the Executive Director at Channing House. Our Board of Trustees has
reviewed this issue and voted at a meeting, July 11, 2005, to approve the installation and
amendment of our PC to proceed with this project.
We feel it would provide a public benefit in that it would provide additional coverage for cel!
phone usage within the City.
Vice-Chair Holman: Thank you. Does anyone on the Conmaission have any questions for Mr.
BraNnsky? Seeing none, I thank you very much.
Mr. Bra~inskv: Just a general comment. You will note in your report we will be coming before
you actually in January at another meeting to revie~v and look at addition of a new building at
our facility. So just to let you know that I will be in front of you again next month.
Vice-Chair Holman: Thank you. Do any Commissioners have any questions for Staff at this
time? I have one clarifying question. The Staff presentation said that this would be going to the
Architectural Review Board and then back to us if I maderstood the presentation. Just briefly,
could you describe the project? I was understanding that this was a Staff level architectural
review and maybe I misunderstood.
Ms. Campbell: For the PC Amendment process to add this new use the process requires that it
goes to the Architectural Review Board and then back to Plarming Commission and then to City
Council for final action.
Vice-Chair Holman: Okay, so it is just the architectural review itself that is Staff level. I see a
discrepancy on the Staff here.
Ms. Campbell: I think for the reviews of the project after we get the amendment finalized that
would be Staff level review but that is not related to the amendment of use.
Vice-Chair Holman: Right, and that is what I was referring to, sorry for the unclear question.
Commissioner Cassel.
MOTION
Commissioner Cassel: I would like to move the Staff recommendation.
Vice-Chair Holman: Do I hear a second?
City of Palo Alto December 14, 2005 Page 3 of 56
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SECOND
Commissioner Garber: Second.
Vice-Chair Hohnan: Staff recormnendation moved by Corma~issioner Cassel and seconded by
Commissioner Garber. Do you wish to speak to your motion?
Commissioner Cassel: I have just two comments. This use is currently a permissible use in the
standard zone in which this PC site is located and it is located in an area where there are P,M-15
and RM-30 units around it. The height that is needed for getting good attainable service is there
with the building already in existence.
Vice-Chair Holman: Commissioner Garber, would you care to speak to your second?
Cormr~issioner Garber: No, thank you.
Vice-Chair Hohnan: Commissioner Lippert.
Commissioner Lippert: I have a question for Staffbefore I vote on this. The review is basically
going Planning Commission, Architectural Review Board and then back to the Plam~ing
Commission and then the City Council but the review of the actual improvements are going to be
done at the Stafflevel, correct? Will those be coming back to us as part of the Planning
Commission review before it goes to the City Council?
Ms. Campbell: No.
Commissioner Lippert: So those will not be seen by tkis body at all.
Ms. Campbell: That is correct.
Cormnissioner Lippert: And the reason for that?
Ms. Campbell: Well for the purpose of this PC Amendment we are adding this use as a
permitted use so we would not have to do another PC An~endment for any new projects that are
coming forward for this type of use.
Conmaissioner Lippert: Okay. The reason I am asking this question is that we still don’t have a
section of the Zoning Ordinance Update that clearly describes, well that actually has been
adopted, that clearly describes the configuration or allowable wireless communication towers.
So in some ways what I hear is that it is we are sort of designing it on the fly so to speak. The
applicant is just sort of designing it on the fly. That is the way I perceive it.
Mr. Lusardi: Staff is in the process of preparing an update to the Zoning Ordinance to address
telecommunications and wireless facilities. We expect that to come before the Plarming
Commission early next year and to the Council. With respect to the desig-n of wireless facilities
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and telecommunications facilities when it is done at the Staff level what we are saying is we
have the discretion based upon the design of the project. Here is one that is basically desi~oned to
be concealed within an architectural element so it is not visually apparent mad not visually
impacting. If a proposal were to come in and we thought it would have a visual impact, if it were
an antem~a or something, we have the discretion to take it to the ARB for their review and
comment under the PC ordinance process.
MOTION PASSED (4-0-0-3, Colrmaissioners Bialson, Butt and Sandas absent)
Vice-Chair Holman: Okay, seeing no other questions or colmaaents we will vote on the motion.
All those in favor? (ayes) Opposed? Obviously none. We have a unanimous vote on that with
Commissioner Cassel, Commissioner Garber, Commissioner Lippert and Vice-Chair Holman
voting in favor and Chair Burt, Commissioner Sandas and Convnissioner Bialson not present.
Item number two obviously is next and our Chair is supposed to arrive any moment. I think we
will go ahead and get started with item number tavo which is the Zoning Ordinance Update for
the PTOD, Pedestrian and Transit Oriented Development Combining District. Would Staff like
to make a presentation?
o ZoninR Ordinance Update: Plmming and Transportation Commission recommendation
to City Council for the approval of an ordinance to adopt a new PAMC 18.66 Pedestrian
and Transit Oriented Development (P/TOD) Combining District. The boundaries for the
P/TOD zoning district are generally Cambridge Avenue to the north, E1 Camino Real to
the west, Caltrain rail line to the east, and Lambert Avenue to the south. Environmental
Assessment: Comprehensive Plan Environmental Impact Report.
Mr. Lusardi: Madam Chair, we need a couple of minutes to setup.
Vice-Chair Holman: Thank you. If there are any members of the public who want to speak to
this item now would be a good time to fill out a card and turn it into the Secretary. We have six
cards and at least one more coming.
Mr. Lusardi: Members of the Commission the item before you is the Pedestrian Transit Oriented
Development overlay chapter of the Zoning Ordinance Update for the California Avenue area.
Staff is recommending that the Planning Commission recommend that the City Council adopt the
California Avenue Pedestrian Transit overlay district.
Tonight we are presenting the revised Pedestrian Transit overlay district ordinance based on
Planning Commission and ARB direction and comments. We want to also clarify some concerns
that have been raised during this process regarding the land use itself and the zoning that we are
proposing. We want to provide additional information that was requested at the prior meetings
with the Planning Commission and ARB. Rick Williams from Van Meter Williams and Pollack
will be participating in this presentation.
Prior to tonight’s meeting the Planning Commission received a revised Transportation section for
the addendum to the Comprehensive Plan Environmental Impact Report. You also received the
Cio’ of Palo Alto December 14, 2005 Page 5 of 56