HomeMy WebLinkAboutStaff Report 8496
City of Palo Alto (ID # 8496)
City Council Staff Report
Report Type: Study Session Meeting Date: 10/30/2017
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Summary Title: 285 Hamilton: Prescreening Request for a Zoning Text
Amendment
Title: 285 Hamilton [17PLN-00309]. Applicant Requests a Prescreening
Discussion for a Possible Text Amendment That Would Allow Development
Exceptions for Rooftop Decks Within the Downtown Area, Including the
Subject Property. Environmental Assessment: The Subject Request is Not a
Project in Accordance With the California Environmental Quality Act
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council conduct a prescreening review of the applicant’s proposed
concept for a zoning text amendment to allow roof deck patios on top of nonconforming
buildings in the Downtown Commercial (CD) district.
Background
Applicant is interested in establishing a roof deck at the subject address. Roof decks are
mentioned twice in the municipal code as it pertains to residential development. Roof decks
have been allowed in the past for residential and commercial buildings, subject to meeting
applicable development standards, including height, floor area, and parking. The subject
building exceeds current height limit and floor area for the district.
The applicant requests the City Council consider a future ordinance that would permit roof
decks on nonconforming commercial buildings Downtown, subject to a discretionary review
process, and with certain performance standards related to the proximity of residential
development, height of railings, landscaping and other features. (see Attachment B) The
applicant also suggests, as an alternative, that the subject property could serve as a case study
for such an ordinance that could be repealed if later determined necessary.
The subject property was constructed in 1971, is five stories and 82'-6" tall in a district with a
current height limit of 50-feet. The building has 48,585 square feet of office floor area (FAR
3.88:1). The roof surface is approximately 9,750 square feet; however, the applicant is
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considering a roof deck of approximately 2,650 square feet.
Establishing a roof deck on the subject building would incrementally increase the building
volume height and floor area for the nonconforming structure. It is anticipated the roof deck
system would result in a slightly raised roof surface and include the addition of guard railings,
elevator enclosures, trellises, and fixed or moveable furniture. The elevator would contribute to
floor area, which may require review of parking requirements. Any increase in the
nonconforming height or floor area could not be accomplished based on current codes.
Additionally, the City Council in 2016 reinforced a provision related to the building envelope of
nonconforming buildings, which established a more restrictive view on changes to
nonconforming buildings. This code section would also require modification with a future roof
deck ordinance.
Aerial View: Existing Building
Source: Google Image
Photo Simulation: Possible Roof Deck
Discussion
Rooftop decks in a climate such as Palo Alto can offer a nice amenity to building occupants and
take advantage of outdoor space that may be underutilized. Roof decks provide an opportunity
for outdoor breakout space, employee break areas, outdoor lunch space, and employee events.
Roof decks may result in building upgrades that make older buildings more attractive and
increase value.
Depending how the space is used, adjacent building tenants and owners and the general
neighborhood could be impacted by excessive noise, light and glare, privacy and potentially
parking. Regulations, or performance standards, could be established to limit some of these
impacts, such as precluding use of the space for anyone other than building occupants. Time
restrictions could also be established and lighting and privacy could be ameliorated with shields
and landscaping. Additionally, having some form of a review process, such as review by the
Architectural Review Board would provide the public an opportunity to comment on a
proposed design.
While the subject application is driving this discussion, staff recommends that any policy on
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roof decks be considered on a district-wide basis, if there is even interest in pursuing the topic.
Commercial corridors such as El Camino Real, which has stretches of commercial zoning
abutting residential districts, may be more problematic than in Downtown or the Research
Park. Roof decks on nonconforming buildings near residential land uses, especially single family
zoned properties are inappropriate. It should be noted, however, that a conforming roof deck
on a commercial property does not currently have performance standards to minimize
potential impacts; only through the architectural review process are these potential conflicts
addressed.
If a policy on roof decks is ultimately developed, there should also be some consideration given
to presently conforming buildings and the opportunities potentially granted to nonconforming
buildings. There may be examples of conforming buildings today whose owners or tenants may
want to create a rooftop deck but may now be limited by height or floor area.
Next Steps
Allowing roof decks on nonconforming buildings downtown or in other portions of the city
would be a shift in policy requiring a text amendment. The city’s municipal code provides that
such amendments require prescreening review before the City Council. Comments made by
councilmembers are non-binding and the applicant may choose to file an application or not.
Importantly, no action or decision is made during a prescreening study session discussion.
The purpose of this prescreening is to gauge the Council’s interest in considering an ordinance
that would permit roof decks and roof deck amenities (such as canopies, trellises, seating area,
landscaping and similar features) on the roof of nonconforming and/or conforming buildings. If
there is interest and an application for a zoning amendment is filed, staff can work with the
Planning and Transportation Commission (PTC) to develop an appropriate application type,
review process and performance standards to allow exceptions to the height limit, floor area
and potentially other development standards for the purposes of establishing a roof deck.
Council guidance on any of the topics highlighted above and other interest areas would help
frame that discussion with the PTC.
If there is a lack of interest in exploring such policies, that guidance can be provided to the
applicant and the city will continue to regulate roof decks under existing codes, which would
only permit such features if it met all applicable development standards. While the
prescreening applicant could still apply for a zoning amendment, the City Council would have
the final say over such a legislative request.
Environmental Review
This preliminary review is not a project in accordance with the California Environmental Quality
Act and therefore, no review is required at this time.
Attachments:
Attachment A: Location Map
Attachment B: Applicant Narrative
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Attachment C: Project Plans
Attachment C
Project Plans
Hardcopies of project plans are provided to Council. These plans are available to the public by
visiting the Planning and Community Environmental Department on the 5th floor of City Hall at
250 Hamilton Avenue.
Directions to review Project plans online:
1. Go to: https://paloalto.buildingeye.com/planning
2. Search for “285 Hamilton Av” and open record by clicking on the green dot
3. Review the record details and open the “more details” option
4. Use the “Records Info” drop down menu and select “Attachments”
5. Open the attachment named “285 Hamilton Ave – Initial Plans – 8 23 17.pdf”