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HomeMy WebLinkAbout2002-04-08 City Council (6)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 11 FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: APRIL 8, 2002 CMR:199:02 535 EVERETT AVENUE, XM SATELLITE RADIO (01-PC-05): PLANNED COMMUNITY (PC) ZONING DISTRICT APPLICATION BY XM SATELLITE RADIO TO AMEND ZONING DISTRICT PC- 2145 TO ALLOW BUILDING-MOUNTED SATELLITE RADIO RELAY FACILITIES. RECOMMENDATION Staff and the Planning Commission recommend that the City Council adopt the attached ordinance (Attachment A), amending Planned Community (PC) Zoning District PC-2145 to allow building-mounted telecommunication facilities. PROJECT DESCRIPTION The 30,000-square-foot project site is the Park Tower’s building between Cowper Street and Webster Street. It is a 7-story, 90-unit studio apartment complex with a subterranean garage. The Park Towers Corporation owns the site and buildings. Immediately adjacent parcels include single family and low-density multi,family residential buildings. The applicant, XM Satellite Radio, is proposing to construct and operate a supplemental signal repeater facility atop the building at the mechanical equipment penthouse. Since the site’s existing PC zoning does not allow the operation of utility facilities, XM Satellite Radio has submitted a PC zoning amendment application which would add building-mounted antenna facilities to the district’s allowable uses. As proposed, XM Satellite Radio’s facility would consist of one panel-type antenna and one dish-type antenna-mounted on the existing mechanical equipment penthouse on the roof of the building. The panel antenna is 40 inches high by 6 inches wide. The dish-type antenna is 26 inches in diameter. Screening is not proposed for the antennas because of their small size CMR:199:02 Page 1 of 3 and location on the building. The antennas will not create an adverse visual impact on the surrounding neighborhood. XM Satellite Radio is a new service that will provide digital radio programming via satellite to subscribers who purchase special antennas. In some areas, tall buildings or topography disrupt the satellite’s signal. In these areas, repeater facilities help to boost the signal and improve the quality of the service. The facility at 535 Everett.Avenue will be a repeater facility. BOARD/COMMISSION REVIEW AND RECOMMENDATIONS The Planning and Transportation Commission (Commission) reviewed the .proposal on January 30, 2002 and unanimously recommended that the City Council approve the PC Zoning District amendment. The Commission also found that installing telecommunication facilities at this site, in the manner allowed by the ordinance, is a public benefit. The height of the existing residential building is ideally suited for placement of telecommunication antennas in order for the equipment to function properly. The provisions of on-site telecommunications facilities will result in a public benefit.through improved communication services in this geographical area of Palo Alto. The public benefit findings are included in Attachment D of this report. The addition of the new equipment to the rooftop penthouse qualifies as a minor architectural review project. Staff completed the architectural review on January 30, 2002 and conditionally approved the design pending the PC zone change review by the City Council. ENVIRONMENTAL REVIEW This application is exempt from environmental review under provisions of the California Environmental Quality Act (CEQA), Section 15, Class 3 (minor additions, installation of small new equipment and facilitites). ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Proposed Ordinance amending Ordinance No. 2145 Location Map Planning Division Staff Report dated January 30, 2002 PC Zoning District Public Benefit Findings Project plans (Council Members only) PREPARED BY: Steven Turner, Planner CMR:199:02 Page 2 of 3 DEPARTMENT HEAD REVIEW: Director of Planning and Community Environment CITY MANAGER APPROVAL: Assistant City Manager Noel Ibalio, 1729 Rutan Drive, Livermore, CA 94550 Park Tower Company, 535 Everett Avenue, Palo Alto, CA 94301 Richard Bass, LLC International, 7925 Jones Branch Drive, McLean, VA 22102 CMR: 199:02 Page 3 of 3 Attachment A 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) TO CHANGE THE CLASSIFICATION OF CERTAIN PROPERTY" KNOWN AS 535 EVERETT AVENUE FROM PC PLANNED COMMUNITY 2145 TO PC PLANNED.COMMUNITY 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 535 Everett from PC Planned Community 2145 to PC Planned Community SECTION 2. With respect to this amendment District 2145, the City Council hereby finds that: of PC So 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 flexibilitV to allow the proposed development. Many building-mounted utility facilities, must be located, at a height significantly abo~e surrounding development in order to function p[operly. This often requires that such facilities be located in Zoning Districts that allow building heights in excess of the. City’s typical 50-foot height limit. The subject site is developed with a seven-story building and is well suited to accommodating such facilities. b.Development of the site under the provisions of the PC ~lanned community district will result in public benefits not otherwise attainable b~ application of the regulations of general districts or combining districts.The building at 535 Everett cannot be used for a utility facility without an amendment to its PC district. Installation of one .or more building-mounted antennas will not significantly alter the physical or aesthetic appearance of the site. Moreover, the provision of.on-site utility facilities will result 020125 syn 0091014 (C Deve!opment Schedule: Construction of the Drincipal building shall start on or before March 31, 1964. Construction and landscaping shall be completed by March 31,1965. Construction of communications facilities shall be .completed on the schedule determfned bv the Director when approvinq the facilitv. SECTION 5. 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: Senior Asst. City Attorney Mayor City Manager Director of Planning and Community Environment 020125 Syll 0091014 Attachment B 535 Everett Avenue XM Satellite Radio P~epeater Station Project Januao’ 30, 2002 Attachment C PLANNING DIVISION STAFF REPORT Agenda Date:January30, 2002 Planning Commission Subject: Steven Turner, Planner Department: Planning and Community Environment 535 Everett Avenue, XM Satellite Radio (01-PC-05): Planned Community (PC) Zoning District applications by XM Satellite Radio to amend Zoning District PC-2145 to allow buildixtg-mounted satellke radio relay facilities. XM Radio’s proposal Would allow one panelTtype anterma, andone satellite dish, atop a 7-story, multi-family residential building. RECOIVIMENDATION Staff recommends that the Planni~g Commission recommend City Council approval of the Planned Community (PC) Zoning District amendment. PROJECT DESCRIPTION The 30,000 square foot project site is the Park Tower’s building between Cowper Street and Webster Street. It is a 7-story, 90-unit studio apartment complex with a subterranean garage. The site and buildings are owned b~r We Park Towers Corporation. Immediately adjacent parcels inciude single family and low-density multi-family residential buildings. The applicant, XM Satellite Radio, is proposing to construct and operate a supplemental signal repeater facility atop the building at the mechanical equipment penthouse. Since the site’s existing PC zoning does not allow the operation of utility facilities, XM Satellite Radio has submitted a PC zoning amendment application which would add building-mounted antenna facilities to the district’s allowabIe uses. As proposed, XM Satellite Radio’s facility would consist of one panel-type antenna and one dish- type antenna mounted on the existing mechanical equipment penthouse on the roof of the building. The panel antenna is 40 inches high by 6 inches wide. The dish-type antenna is 26" in diameter. Screening is not proposed for the antennas because of their small size and location on the building. The antennas-will not create an adverse visual impact on the surroundirtg neighborhood. XM Satellite Radio is a new service that wi!l provide digital radio programming via satellite to subscribers who purchase special antennas. In some areas, tall buildings or topogaphy disrupt the 535 Everett Avenue ’.Page I ~atellite’s signal. In these areas, repeater facilities help to boost the signal and improve the quality of the service. The facility at 535 .Everett Avenue will be a repeater facility. BACK(~IROUND The Park Towers site was rezoned to the Planned Community Zoning District by Ordinance No. 2145 on June 24, 1963. This PC zoning designation has remained in effect since that time. OrdinaneeNo. 2145 enumerates the allowable uses of the site, which include studio apartments. As noted, my land use, such as XM Satellite Radio’s building-mounted antenna facility not already allowed by the ordinance requires an amendment to the PC Zoning District. POLICY IMPLICATIONS The proposed PC zoning amendment is consistent with the Policies, Programs, and text of the Comprehensive Plan. Policies specifically }elevant to the project are noted below: ¯_Policy B-13: Support the development of technologically advanced communication~ infrastructure and other improvements that will facilitate the growth of emerging telecommunications industries. ¯Policy B-14: Work with electronic information network pro-riders to maximize potential benefits for P alo Alto businesses, schools, residences, and other potential users. SUMMARY OF SIGNIFICANT ISSUES Given tb_e technology being used and the range of communication.services that XM Satellite Radio’s facility is designed to provide, the facility must be established at a location that provides considerable height and line-of-sight to locations that would otherwise receive a weak signal from the satellites. At seven stories, the Park Towers building is a suitable site for the location of utility facilities. The key issue in locating any type of equipment atop a prominent structure is the visual appearance of such equipment. As proposed, there are only two small building-mounted antennas located in an area that will not result in a negative visual impact to the surrounding neighborhodd. While the addition of the new telecommunications equipment will alter the exterior of the mechanical equipment penthouse, it will not constitute a major physical change and the utility facility use itself is largely an ancillaryone to those primarily undertaken on the site. The equipment to be installed will require periodic servicing in order to ensure proper operation. Once the equipment has properly installed and tested, a servicing schedule will be initiated. It is expected that normal servicing, which includes antenna alignment and calibration, will occur one day per month for approximately one hour. The servicing is not expected to generate additional noise, fumes, or negative visual impacts within the neighborhood. The installation of telecommunication facilities at this site, in the manner allowed by the proposed ordinance, is a public benefit. Public benefit findings are included in Attachment C. 535 Everett Avenue Page 2 TIMELINE Prior to this Planning Commission hearing, a staff level architectural review of the facility was completed and approved on January 25, 2001, The approval letter with conditions is included in this ......... _report .as_AttachrnentD,. No. ~rthcr. r.e_¥i_e_w_by_the_ P_lanrg_~" ng__C9_ _.n~m. is._s_i.gn wi!~__be. Lequ.ir~d_,_.Qi_ty .... Council is tentatively scheduled to make a final determination on this project in February, 2002. ENVIRONMENTAL REVIEW This PC zone change application is exempt from environmental review under provisions of the California Environmental Quality Act (CEQA), Section 15, Class 3, PUBLIC NOTICE . . Public notice of this project was provided by publication of the agenda in a local newspaper of general circulation and via mailed notifications to surrounding property ownersand occupants within 300 feet of the site. ATTACIiMENTS Attachment A: Proposed Ordinance ¯amending Ordinanc~ No. 4465 Attachment B: Location Map Attachment C: Public Benefit Findings Attachment D: Architectural Review Approval Letter Attachment E: Project Description Letter Project plans (Planning Commissioners only) COURTESY COPIES Noel Ibalio, 1729 Rutan Drive, Livermore, CA 94550 Park Tower Company, 535 Everett Avenue, Palo Alto, CA 94301 Richard Bass, LLC International, 7925 Jones Branch Drive, Mclean, VA 22102 Prepared By: .Steven Turner, Planner Manager Review: John Lusardi, Current Planning Manager DEPARTMENT/DIVISION HEAD APPROVAL: LISA GROTE Chief Planning Official 535 Everett Avenue ": ": "" :i ": ::1.:~::: ’1 :’..: 7":’::================================= ::.- : ::: ::: .:: .. ...:: : ~ . Page 3 P]arming Division January 25, 2002 Attachment D Department of Planning and Communigj Environment Noel Ibalio XM Satellite Radio 1729 Rutan Drive Livermore, CA 94550 Subject:535 Everett Avenue, 01-PC-05 Dear Mr. Ibalio: On, Friddy, January 25, 2002~ the architectural review application for the project referenced below was conditionally approved by planning staff pursuant to the Palo Alto Municipal Code (PAMC) Section 16.48.050(h)(1), as fol!ows: PROJECT: Application by XM Satellite Radio for installation of one panel-type antenna and one. dish-type antenna on the exterior walls of an existing mechanical equipment penthouse enclosure. FINDINGS FOR APPROVAL: The approva! is based upon the finding that the proposed equipment will not provide a negative visual impact to the su_rrotmding neighborhood.. 2.The approval of this project shall be subject to the following conditions: CONDITIONS OF APPROVAL: 1. Installation of the antennas are subject to Planning and Transportation Commission recommendation and City Council approval of the ordinance to amend the existing Planned Community ordinance No. 2145 to allow a .utility facilities use at this location. Building permits will not be granted until the amended ordinance becomes final after City Council approval. 2,The antennas to be installed shall match the colors and textures of the exiting fapade upon which the screen will be attached. Planning Division staff prior to the issuance of any permits shall review colors, materials, and construction drawings.. 3.The applicant shall submit a servicing and maintenance schedule for the installed equipment for staff review and approval. The schedule shall include the frequency of visits to the site (listed on a ’per month’ basis) and a.description of the routine maintenance that will be performed during the visit. An appeal of this staff ARB decision may be filed in writing with the City Clerk within four working days of the date of the staff ARB decision. 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 650.329.2.4A,~.1 650.329.2154 fax Skou[d you have any questions regarding this ARB action, please do not hesitate to call the Planning Division at (6 5 0) 3 2 9-215 5. Sincerely, .. Steven Turner Kanner Park Tower Company, 535.Everett Avenue, Palo Alto, CA 94301 Richard Bass, LLC International, 7925 Jones Branch Drive, Mclean, VA 22102 Attachment Zone Change and Application for the Radio Site #SFX139C XM Satellite Radio Architectural Review Board Palo AltoStation Satellite A Proposal Sub ,mitted to the City of Palo Alto, California Prepared for: XM Satellit~ Radio Inc. LCC International Inc. 7925 Jones Branch Drive McLean, VA 22102 Prepared by: LCC International Inc. 3497 Breakwater Court Eayward, CA 94545 Submitted on: November, 2001 IL Ill. IV. ¥. ¥I. ¥II. Table of Contents. PROPOSAL SUMMARY INFORMATION .................................................................., 2 INTRODUCTION .............................................................................................................3 PI~OPOSAL DESCRIPTION .........................................................................................4 REQUESTED LAND USE REVIEW .............................................................................4 RESPONSE TO CRITERIA_ FOR UTILITY USES .......................................’ ........." .....4 CONCLUSION ..........- .............................................................." ..........................................6 EXHIBITS A. Site Design Drawings .- Site Plan, Elevations, Roof Plans ATT&CHMENTS I.City Application 2.Letter of Authorization 3.Photo Simulation XM Satellite Radio Inc. -’ City of Palo Alto Earth Station Satellite Radio site Zone Change Application I,PROPOSAL SUMMARY INFORMATION File No:SFXI39 Applicant:X1V£ S a.tellitc Radio Inc. Preparer for Applicant: Property Owner/Landlord: Noel IV[. Ibalio LCC International Inc. 3497 Breakwater Court Hayward, CA 94545 Park Towers Corporation 535 Everett Avenue Palo Alto, Ca 94301 Request:.To install one 26 inch satc!litc downlink (dish antenna), a 38 inch panel type ’antenna, and sclf-contained equipment cabinets. All but the panel antenna will bc located such that they will not bc seen from public spaces. Location:535 Everett Avenue Zoning:PC 2135 Zone APN:120-02-047 LCC International Inc November; 2001 XM Satellite Radio Inc.- City of Palo Alto Earth Station Satellite Radio Site Zone Change Application INTRODUCTION ~ Satellite Radio Inc. is in the process of developing a revolutionary, nation-wide diNtal radio system called ~ Radio. XlVI Radio is a unique combination of satellite technology and gound- ¯ based repeater sites that will provide the public with, high quality, nation-wide digital radio service. When fully developed, ~ Radio will offer one hundred or more channels of listening entertainment with a wide at-ray of programming choices. All programming may be enjoyed in your automobile from coast to coast ~d border to border without losing stations, searching for new chaanels, or endming advertising interruptions. Because the signal is delivered by satellite and re-erfforced by ground based repeater stations in selected locations, the signal will remain crisp an.d cleat’, and will not change, fade, or disappear no matter if you are traveling across country or across town. X.MI Radio uses emergir~g satellite t..echnology to provide a high quality diNtal radio signal versus the older ground based analog radio systems still in use by most traditional broadcast radio stations. This older .system has been in use for decades with no significant advances, in the technology or the manner in’which the signal is delivered. Digital satellite radio technoiogy provides substantially improved signal qu.ality, and because the system is satellite based, the same programs can be heard anywhere in the country with the same quality and clarity, In addition, XM Radio operates at.a higher frequency, m:ound 2,300 megahertz, and at lower power, than conventional FlVi and AM radio requiring dramatically smaller ground based antenna sites. The ~ radio system will consist of two satellites placed in geo-syncbxonous orbit around the equator, emitting radio signals that will blanket the United States. Due to the southerly orientation of the satellites, the signal will be at.an angle of approximately 28 degrees. This Iow aagle will result in "shadow" areas where the signal is disrupted. Areas with significant topographic features and vegetation, and densely urban areas with tall buildings will be most affected by shadowing. To resolve this issue, "repeater" antenna sites must be placed in strategic locations to redirect and enhance the satellite radio signal into the shadow areas, thus eliminating the dead spots these obstructions create. Repeater antennas operate separately and do not hand off or connect to the other repeater sites in the system. XM Radio is working with LCC International Inc. to develop this network of supplemental signal repeater stations.. Individual site locations, such as the proposed site, are selected based on a number of considerations related to topography, urban development, .proximity to traffic con-idors, and other technical features. LCC engineers utilize computer modeling and actual radio testing to determine potentia! sites. Because these repeaters consist of very low powered transmitters, which cover relatively specific geographic areas, there is limited flexibility in site selection. LCC International 3 November, 2001 XM Satellite Radio .Inc. - City of Palo Alto Earth Station Satellite Radio Site Zone Change Application III. PROPOSAL DESCRIPTION This proposed repeater site, located on an existing building and is desired to eliminate coverage gaps in the vicinity of Palo Alto. Th~ proposed location represents good sisal levels and excellent coverage. Without the proposed site, this area of Palo Alto would be left with inconsistent coverage. The proposed earth station, (repeater), site consists of a 25.5 inch satellite downlink or dish ¯ antenna, and one 40"X6.5"Xb.75" inch panel antenna. The dish antennaoniy has to "see" the satellites and will not be visible from public spaces. The panel is small, and every effort wilI be made to minimize its visibility. In addition to the two antennas, there will be one steel equipment cabinet containing the electronic equipment necessary tg." transmit the signal. These cabinets are approximately 36 inches wide, 39 inches deep, and 69 inches tall and will be installed within an existing equipment penthouse’ room. The downlink dish antenna will be mounted on the’lower portion of the penthouse roof. The panel antenna will be mounted along the south wall, flush with the penthouse roof: IV. REQUESTED LAND USE REVIEW The applicant, XM Satellite Radio Inc. is requesting approval of a Zone Change and Architectural Review Board approval for a repeater site located in PC Zone. W& believe that the proposal is consistent with the requirements pursuant to the applicable standards contained in the City of Palo Alto Municipal Code. JUSTIFICATION FOR ISSUANCE OF PERMIT ZONE CHANGE The proposed project is consistent with the City of Palo Alto General Plan, The proposed project will not alter the intended residential use of the site. The proposed antennas are an ancillary use to the existing residential building complex. ARCHITECTURAL PIND]NGS The proposed, installation will not visibly impact surrounding properties. The antennas will be mounted on the equipment room penthouse below the roof, therefore, the ~ntennas will not be visible from surrounding properties. The antennas will also be painted to match the building. LCC Inten~ationa! Inc 4 November; 2001 XM SatelIite Radio Inc. - City of Palo Alto Earth Station Satellit~ Radio Site Zone Ch..~nge Application VI, CONCLUSION The proposed facility is an allowed use and the applicant has determined that this p.roposal complies "with all applicable standards found in the A.rchitectural Review Procedure, Based on the foregoing analysis, the applicant requests approval of this application. No~,embero 200I Attachment D ao bo PUBLIC BENEFIT FINDINGS 535 Everett Avenue PC Zoning District Amendment Permitting Building-Mounted Utility Facilities 01-PC-05 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 suff!cient flexibility to allow the proposed development. The majority of building-mounted utility facilities must be placed at a height significantly above surrounding development in order-to function properly. This often requires that such facilities be located in Zoning Districts that allow building heights in excess of the City’s typical 50-foot height limit. The subject site is developed with a seven-story building and is ideally suited to accommodating such facilities. 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 subject site is already developed in accordance with the existing PC Zoning District standards and the proposed inclusion of a utility facility as a permitted use will not significantly alter the physical or aesthetic appearance of the site. Moreover, the provision of on-site utility facilities will result in a benefit to the public through new satellite radio services. The use or uses permitted, and the site development regulations applicable within the district shall be consistent with the Palo Alto comprehensive plan, and shall be 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 utility facilities at the subject site is consistent with these Comprehensive Plan Policies. Additionally, utility facilities are compatible with surrounding land uses.