HomeMy WebLinkAboutStaff Report 352-06______________________________________________________________________________
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21b
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: SEPTEMBER 11, 2006 CMR: 346:06
SUBJECT: 901 SAN ANTONIO ROAD [05PLN-00295, 06PLN-00114]: REQUEST BY
STEINBERG ARCHITECTS ON BEHALF OF THE TAUBE-KORET
CAMPUS OF JEWISH LIFE (TKCJL) FOR CITY COUNCIL APPROVAL
OF REZONING TO A PLANNED COMMUNITY (PC) DISTRICT
AND OF A PROPOSED PLANNED COMMUNITY DISTRICT
DEVELOPMENT PLAN, WHICH INCLUDES THE DEVELOPMENT OF
AN 134,000 SQUARE FOOT COMMUNITY CENTER, INCLUDING A
CULTURAL HALL, COMMUNITY MEETING ROOMS, ADULT
ACTIVITY SPACE, PRESCHOOL, AFTER SCHOOL CARE
FACILITIES, FITNESS CENTER, ADMINISTRATION AND SUPPORT
AREAS AND 193 SENIOR RESIDENTIAL LIVING UNITS. THE
PROJECT REQUEST INCLUDES A COMPREHENSIVE PLAN
AMENDMENT FROM LIGHT INDUSTRIAL TO MIXED USE, A
TENTATIVE MAP TO SUBDIVIDE THE PARCEL AND CREATE
SENIOR HOUSING CONDOMINIUM UNITS, A VARIANCE TO
EXCEED THE 50-FOOT HEIGHT LIMIT, A DESIGN ENHANCEMENT
EXCEPTION (DEE) TO ALLOW A SCULPTURAL TOWER ELEMENT
TO EXTEND TO APPROXIMATELY 96 FEET ABOVE GRADE, AND
CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT
REPORT. ENVIRONMENTAL ASSESSMENT: A FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE
BRIDGE URBAN INFILL LAND DEVELOPMENT AND TKCJL
PROJECTS HAS BEEN PREPARED. ZONE DISTRICT: GM.
RECOMMENDATION
Staff recommends that the City Council review the project, ask questions of staff and the
applicant, conduct a public hearing, provide comments, and continue the project to the
September 25, 2006 City Council meeting to receive and review the Below Market Rate
(BMR) Agreeement letter.
Although staff has recommended that that project be continued, the recommendation at
the September 25, 2006 meeting would be as follows:
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1. That the Final Environmental Impact Report (FEIR) adequately addresses the environmental
impacts of the proposed development plan per the requirements of CEQA and certify the
FEIR (Attachment B);
2. Grant a Zone Change from the existing General Manufacturing (GM) district to a Planned
Community (PC) district and grant a Comprehensive Plan Land Use Map Amendment from
Light Industrial to Mixed Use (Attachment C);
3. Grant a variance from the Palo Alto Municipal Code, Section 18.68.110(c) to allow portions
of the proposed building to extend above 50 feet, based upon the findings as listed in the
draft ordinance in Attachment C, Section 4;
4. Approve the Architectural Review resolution, including findings for the Design
Enhancement Exception for the height of the sculptural tower, subject to the conditions of
approval as provided in Attachment D;
5. Approve the Below Market Rate (BMR) Housing plan, including a total of 24 assisted living
and congregate care units with associated housing services provided by the Jewish Senior
Residence available to low income seniors (Attachment E), to be provided prior to the
September 25 meeting and,
6. Approve a Tentative Map that would create one mixed-use lot containing 193 senior
congregate care and assisted living condominium units (Attachment F).
BACKGROUND
An application for a Planned Community (PC) district, including a Comprehensive Plan Land
Use amendment, environmental impact analysis, a Tentative Map, Variances, and Design
Exception has been filed for the redevelopment of an 8.5 acre parcel at the former Sun
Microsystems site at 901 San Antonio Road. Attachment G provides more detail about the
application processing and components of the project. The request for a PC district includes
TKCJL’s specific site development plan for a senior housing project, the Jewish Senior
Residences (JSR) containing 118 units of congregate care and 75 assisted living units (193 total
units), a 134,150 square foot Jewish Community Center (JCC), and an at grade parking garage
that would provide automobile and bicycle parking for all uses within the project. New
landscaping, pedestrian access ways, and a private driveway would link the project with the
adjacent BUILD project. The mixture of units and floor area for each use is outlined as follows:
Summary Project Table- September 2006
Component Units Floor Area
sq. ft. FAR* Parking
Spaces
Senior Housing 193 298,130 0.81
Community Center 134,148 0.36
Total 193 units 432,278 1.17 610 spaces
*For the entire 8.5 acre site
Attachment I contains a detailed project description, staff reports and verbatim minutes from the
June 28 and July 26, 2006 Commission meetings.
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DISCUSSION
Planned Community (PC) Zone Change
Prior to approving a request for a PC district, the City Council is to review the applicant’s
Development Plan (the project plans), Development Statement and Development Schedule
(Attachment G). CMR 346A:06 for the BUILD project contains a detailed description of the
required findings in order to approve a PC district. The PC District Ordinance (Attachment C)
contains the specific findings for establishment of the district (Section 5, Page 4).
Public Benefits
Section 18.68.060 of the PC district regulations requires specific findings to be made in order to
establish any new PC district. The required findings are described above in the Planned
Community Zone Change section of this staff report. Finding #2 requires a determination that the
development of the site under the provisions of the PC district will result in public benefits not
otherwise attainable by application of the regulations of the general district or combining
districts.
The applicant has described the public benefits that would result with the PC zone change in the
Development Program Statement, contained in Attachment G. The significant public benefits
include:
• Community center uses shared with the City of Palo Alto and the BUILD/BRIDGE
project;
• Discounted memberships to the JCC for BRIDGE senior residents;
• Transportation assistance to the BRIDGE senior residents, who would use the shuttle
service that would be established for the JSR.
These public benefits are described in the June 28, 2006 Planning & Transportation Commission
staff report (Attachment I).
Height Variance
The applicant has requested a variance to exceed the 50-foot maximum height established by the
PC district. The arguments in favor of the variance are the location of the site within the “AE”
flood zone and the presence of groundwater contaminants as a result of the previous aerospace
use on the site. Federal and local regulations require that all occupied development within the
flood zone be constructed at least eight feet above sea level. The existing site is as low as three
feet above sea level. The site is subject to a Regional Water Quality Control Board (RWQCB)
cleanup order due to the presence of groundwater contaminants as a result of the previous
aerospace use on the site. By constructing the community center and housing on a podium above
the at-grade parking garage (and by applying specific construction methods and design features),
the project would meet the requirements of the RWQCB for the location of sensitive uses within
these cleanup areas. The podium development plan would result in a unique condition where the
tallest buildings would exceed the 50’ maximum height. In order to develop the site in the
manner requested by the applicant, a variance would be required.
The specific height variances requested are described in the June 28, 2006 Commission staff
report (Attachment H) and findings are included in the proposed PC ordinance, Section 2 and
Exhibit B.
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Sculptural Tower
The project includes a design for a proposed sculptural tower element that would be
approximately 12’ x 12’ and rise to a maximum height of 96 feet above grade. The tower would
contain elevator equipment that would serve the parking garage, the podium level, and the two
floors of Building C. The tower would have a solid portion that would extend no higher than 65’
above grade and a skeletal or transparent-type section that would extend to no more than 96’
above the solid portion of the tower. The tower would be approximately 46’ taller than the 50’
height limit established by the PC district.
Planning staff has determined that the Design Enhancement Exception (DEE) process is the
appropriate mechanism that would permit the construction of the tower to the height as requested
by the applicant. The purpose of the DEE is to enhance the design of a proposed project without
altering the function or use of the site, or its impact on surrounding properties. The tower, with a
footprint of approximately 144 square feet, is a minor architectural feature of the project.
Although the proposed height of the tower exceeds the height limit, the impact the tower would
have on the adjacent commercial and residential uses is not significant. The DEE process as
described in PAMC 18.76.050 allows, generally, minor changes to the setback, daylight plane,
height, lot coverage limitations, parking lot design and landscaping configuration, and additional
flexibility in the required proportion between private and common open space. This tower
feature meets the intent of the DEE process for minor adjustments that would result in an
improved overall design. The findings supporting the DEE are included in the Architectural
Review resolution in Attachment D.
BMR Program and Other BMR Contributions
The Project will provide 24 Below Market Rate congregate care and assisted living housing units
and the associated residential living services within the 182 unit Jewish Senior Residence. All 24
BMR units will be one bedroom, one bath units ranging in size from about 730 to 870 square
feet. In consideration of the applicants’ agreement to offer the full range of services to BMR
residents at reduced monthly fees, staff recommends accepting the reduced number of BMR
units and has not required the BMRs to reflect the range of unit types and sizes in the Project, as
is normally required.
The applicant’s original BMR plan, including alternatives, is described in the Development
Program Statement (Attachment G, Section 8). Staff and the applicant have not completed the
formal BMR agreement in time for City Council’s review on September 11, 2006. The
agreement will be presented to City Council at the September 25, 2006 meeting.
The PC ordinance (Attachment C) would be revised to reflect the BMR agreement that would be
presented to City Council on September 25, 2006.
Driveway Names
The applicant’s fundraising efforts include the naming of the shared driveway from Fabian Way
and the porte-cochere entrance on Charleston Road for donors to the facility. As these features
would be considered driveways and not public or private streets, no further Council action would
be required.
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Other Review Items
The June 28, 2006 Commission staff report includes discussion regarding tandem parking,
architectural review, the tentative map, the project phasing & schedule, and development impact
fees.
BOARD/COMMISSION REVIEW AND RECOMMENDATION
On July 26, 2006 the Commission unanimously recommended approval of the FEIR and the
project to the City Council. The Commission reviewed the project in conjunction with the review
of the adjacent BUILD project, as a single EIR was prepared to encompass both projects. Prior to
the July 26 meeting, the Commission agendized the project on June 28, 2006 to accept public
testimony and ask questions of staff and the applicant.
The Commission requested that staff and the applicant review the follow project components and
prepare a response for the City Council:
Transportation Demand Management (TDM) Program
The Commission requested that the TDM program be enhanced to provide transportation
alternatives for employees of the JCC and JSR. The JCC and JSR have committed to a 20% trip
reduction goal, offering shuttle services to the senior residents in the JSR and members of the
JCC. Trip reduction would also be reduced by offering shuttle services and alternative
transportation information to employees of the JCC. In addition to the elements in the TDM
program, the JCC will provide shuttle services for senior members of the JCC who cannot
transport themselves and who live in Palo Alto, Los Altos, and Mountain View. The JCC will
also provide a “pick-up” shuttle service for Palo Alto school children for the JCC’s after school
programs. The JSR has also committed to providing shuttle services for employees to and from
transportation depots if the demand for such services is evident.
The TDM program has been revised to include these trip reduction goals. A copy of the updated
TDM program is included in Attachment H.
Bicycle Access Improvements
The Commission requested that the Development Plan be modified to improve the bicycle access
from Fabian Way and Charleston Road. The current design would accommodate bicyclists from
Fabian Way, but similar provisions for Charleston Road had not been built in to the project.
The applicant had responded by improving bicycle access from Charleston Road to the project
site. Improvements include a new bicycle storage facility adjacent to the exterior stairway and
the Cultural Hall. This facility would be accessible only to members of the JCC. Non-members
would be required to pass through security at the Fabian Way entry. The bicyclist path of travel
from Charleston Road to the bicycle parking area is attached to the updated TDM program in
Attachment H. No additional improvements have been proposed for the Fabian Way entry, in
that the focus of this entrance is on security, the pick-up and drop-off area, sidewalks, and
efficient movements of vehicles in and out of the site. Bicyclists may utilize the driveway and
sidewalks to gain access to the bike parking areas.
Special Event Parking
The FEIR analyzed the parking impacts at the TKCJL site based upon all the proposed uses
being in use at the same time. The conclusion from this analysis was that the parking facility
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could generally accommodate all uses at the maximum capacity. The DEIR identified a potential
impact, however whereby special events during weekdays could result in a parking demand that
would exceed supply. A mitigation measure was proposed (Impact B.5.1) that would require off-
site special event parking on weekday evenings. This analysis and recommended mitigation was
based upon a parking facility that would accommodate approximately 90 shared parking spaces
with the adjacent BUILD project.
The BUILD project has been modified to reduce the total number of dwelling units on the site.
This change would eliminate the need for 90 shared spaces. Thus, more spaces would be
available for TKCJL events. The proposed mitigation measure for off-site special event parking
has not changed, and includes notification at least two weeks in advance of a weekday special
event and commitments for off-site parking and other measures (shuttle, valet, etc.) if necessary.
Condition of Approval #21 (Attachment D, Section 4) outlines this condition.
The Commission requested that specific triggers be added to the condition that would require an
off-site agreement for both weekday evenings and weekend special events. Staff has proposed
that a special event (using the Cultural Hall and/or outdoor facilities) that would attract 350 or
more additional visitors to the site on weekday evenings, or 500 or more additional visitors on
weekends would require an off-site parking agreement. This condition would be a precautionary
approach for weekday and weekend special events, in that it is likely that the parking facility
could accommodate special events at all times. The condition has also been modified to allow the
Director of Planning and Community Environment to adjust these triggers based upon the actual
conditions once TKCJL has been built and is fully operational.
Outdoor Events with Amplified Sound Limitations
Staff had proposed a condition requiring that all outdoor events with amplified sound shall cease
operations no later than 10:00 P.M., seven days per week. The Commission requested that the
regulation of noise be accomplished by a more enforceable method.
Staff has proposed to remove the amplified sound limitation from the conditions of approval and
include it within the PC ordinance. This would give the City more regulatory control over
outdoor amplified sound. Section 8 of the PC ordinance (Attachment C) contains the use
limitations for amplified sound.
RESOURCE IMPACT
This project will have impacts on fiscal and community resources in the City of Palo Alto.
Discussion of these impacts is restricted to development of the project site as proposed and its
effect on the City’s revenues and expenses. This narrative does not discuss impacts on the Palo
Alto Unified School District nor the public benefits Palo Alto residents will receive from the
recreational facilities provided by TKCJL (Attachment C, Section 4).
The construction of 193 senior residential units will result in the addition of an estimated
278 residents; therefore, the City will provide incremental services and realize additional
revenue. Staff concurs with the conclusions of the Environmental Impact Report that
the TKCJL projects will not result in a “significant” impact on facilities and services such as the
need for a new library, fire or police station or additional FTEs to service the site. The City can
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expect, however, incremental calls for fire, police, public works and utility services as well as
increased usage of City facilities and other services. As the EIR indicates, “the Palo Alto Fire
Department estimates a five percent increase in calls for services to Station 4 from the proposed
project.” Paramedic calls will increase given the profile of residents in assisted and congregate
care units on the TKCJL site.
This analysis assumes that the City’s costs for evaluating, monitoring, and implementing this
project will be recouped through its fee structure. Planning, inspection, and utility connection
fees, for example, will be levied to achieve cost recovery for these services. Likewise, it is
expected that Utilities will recover its supply, operating, and capital costs through their rate
structures. In addition, there will be significant impact fees. These one-time fees, by definition,
are intended to fund development and capital improvement costs associated with the facilities
(parks, community centers, libraries) and roadways (San Antonio, Charleston) that the TKCJL
community will eventually utilize. Impact fees for this development are estimated at $179,000.
Substantial fee credit is provided for the community and recreational facilities proposed on the
site. Once this project is built and occupied, the City can expect ongoing, annual estimated
General Fund sales and Utilities User Tax revenues of $53,000 from the TKCJL development.
Because of expected property tax exemptions and the nature of transactions for the apartment
units, the City is not expected to receive property or documentary transfer taxes from
development of the TKCJL site.
In summary, the City can expect that the BUILD and TKCJL projects will result in incremental
City services and revenues. While these projects, which add approximately 600 new residents in
total, will not result in the immediate need for new City staff or facilities, it is possible that when
combined with other new, large residential projects such as Hyatt Rickey’s, there may be a need
for additional staffing in the future. The ongoing General Fund revenues cited above will
mitigate these costs.
POLICY IMPLICATIONS
The project, including the permitted uses and the and the site development regulations applicable
within the District, would be consistent with the Comprehensive Plan and would be compatible
with the existing and potential uses on the adjoining sites or within the general vicinity. The site
is a designated Housing Opportunity site in the City’s adopted Housing Element. Consistency
with the Comprehensive Plan is detailed in Attachment C, Section 5(d), Page 5.
ENVIRONMENTAL REVIEW
A Final Environmental Impact Report (FEIR) has been prepared for the 901 San Antonio Road
site encompassing both the BUILD and CJL projects. The FEIR is comprised of the Draft EIR
(DEIR, under separate cover), Responses to Comments on the DEIR, and text revisions to the
DEIR. The DEIR addressed the Comprehensive Plan Amendment for the site as a “Program
EIR” and the BUILD and CJL projects as a “Project EIR.” The Program EIR component of the
DEIR focuses on policy and code provisions to satisfy potential impacts, rather than project-
specific mitigation, and would apply whether these particular projects are constructed or not. The
“Project EIR” component of the DEIR addresses project-specific impacts and mitigation
measures of the two proposals. CMR 346A:06 for the BUILD project contains a detailed
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description of the environmental review process. The BUILD CMR also contains the staff report
and verbatim minutes from the March 29, 2006 Commission review of the DEIR.
PREPARED BY: __________________________________
STEVEN TURNER
Senior Planner
DEPARTMENT HEAD: __________________________________
STEVE EMSLIE
Director of Planning and Community Environment
CITY MANAGER APPROVAL: __________________________________
EMILY HARRISON
Assistant City Manager
ATTACHMENTS
A. Location map
B. CEQA Resolution and Draft Mitigation Monitoring Plan
C. Planned Community Ordinance
D. Architectural Review Resolution and Conditions of Approval
E. BMR Program Letter – to be provided to the City Council at the Sept. 25 meeting
F. Record of Land Use Action: Tentative Map Approval
G. Development Program Statement and Development Schedule
H. Transportation Demand Management Program and Charleston Road Bicycle Access
Improvements
I. Project Background and Description, Staff Reports, and Verbatim minutes (separate
document)
J. Correspondence (separate document – Council only)
K. Development Plan (Council only)
L. Final Environmental Impact Report (previously distributed)
COURTESY COPIES
Interested Parties List