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HomeMy WebLinkAbout1988-05-02 City Council Summary MinutesCITY COUNCIL MINUTES PALOALTO CI fYCOFJNCIL MEETINGS ARE BROADCAST LIVE VIA ICSU-FREQUENCY9O.1 ON FM DIAL Regular Meeting May 2 , 1988 ITEM Study Session re Financial Condition of the City Communications Approval of Minutes of April 4, 1988 PAGE 60-3 60-3 60-4 1. Process and Criteria for Selection of 60-4 Tenants at Jordan School Site - Refer to Policy and Procedures Committee 2. Co =tract with Sierra West Industries, 60-4 Inc., for Trimming of Street Trees 3. Resolution Authorizing the Mayor to Enter Into an Agreement to Provide Local Law Enforcement Agenoy Access to the California Identification System and the City Manager to Send the City of Palo Alto's Financial Contribution for th4 System to. the City of San Jose 4. Ordinance Amending Title 18 (The Zoning 60-4 Code) by Adding Multiple -Family Zoning Chapters 18.22, 18.24, and 18.26 (Regula- tions) and, Chapter 18.28 (Guidelines), Repealing Multiple -Family Zoning Chapters (18.21, 1#.23, 18.25, 18.27 and 18.29. (Regulations) and Amending ._other. Sections to Refer to the New Chapters Ordinance Amending Section 18.08.040 of 60-4 the Palo Alto Municipal Code (The Zoning Map} to Change the Classification of all. Properties Zoned Multiple -Family I, tis.a _ 60-4 ITEM PAGE 5. Resolution Temporariliy Suspending Resolu- 60-5 tion No, 6568 and Resolution No. 6453 Pertaining to the Effecting of Certain Changes in Gas Utility Rates 6. PUBLIC HEARING: Appeal of Victor Zacher 60-5 of the Decision of the Architectural Review Board and the Director of Planning and Community Development to Approve the Design of a Nine -Unit Townhouse Project at 1235 and 1245-1247 Alma Street (Continued from 4/25/88) 7. Municipal Service Center Building "C" 60-11 Remodel, CIP 86-08 Budget Amendment Ordi- nance, Award of Construction Contract and Increase of Contingent Authority to Con- sultant Services Agreement No. C-4631 (Continued from 4/25/88) 8. Funding Assessment for the Countywide 60-12 Hazardous Waste Management Fund Recess 60-13 9. Joint Meeting with Planning Commission re 60-13 Staff Response to R-1 Ad Hoc Committee Report on Oversize Houses on R -.l Lots 10. Council Member Gail Woolley re Ordinance 60-24 Amending the Moratorium Ordinance 11. Proposal to Restructure Santa Clara County GO -25 Transportation Commission Adjournment at 11-,10 p.m. 60-28 Regular Meeting Monday, May 2, 1988 The City Council of the City of Palo Alto met on this date in the Counci? C::bmbets, 250 Hamilton Avenue, at 7:55 p.m. PRESENT: Bechtel (arrived at 8:02 p.m.), Cobb, - Fletcher, Klein (arrived at 8:00 p.m.), Levy, Patitucci (arrived at 7:56 p.m.), Renzel, Sutorius, Woolley STUDY SESSION RE FINANCIAL CONDITION OF THE CITY The -C;suncil met at 6:30 p.m. in the Council Conference Root: for a Study Session regarding the Financial Condition of the City. City Manager Bill Zaner presented an overview of the revenue and expenditure levels for the City budget. The overview included information related totrends in the major revenue sources for the City, including _:ales taxes, property taxes; interest income, and revenue from other agencies. He then outlined the strategy for dealing with the 1988-89 budget shortfall, which involved reducing the operating budget by approximately $1.7 million, reducing the Capital Improvement Program by approximately $1 million, and taking the remain- ing $1 million from the General Fund Reserve for Contin- gencies. Council Members discussed other potential solu- tions, including increasing the rate of return for the Utility trans`et as well as taking more (or less) money from reserves versus the operating budget. Discussion also related to the need to reduce (or eventually eliminate) programs and services. The: Council Members agreed that developing a strategy for the 1989-90 budget would be of critical importance and decided to meet as a Committee of the Whole periodically over the next several months to make the policy decisions related to developing the long-term reduction strategy. The first meeting was scheduled for May 12, 1988, at 7:30 p.m. ORAL COMMUNICATIONS Ben Bailey, 171 Everette -_ spoke regarding" a citizen's right t( know the number of Palo Alto Police Department complaints and disciplinary actions. 2. .DeWitt Brown, 780 Talisman Street, -asked tho City to be more responsive to a street light that had been out in his neighborhood for over a month. 60-3 5/42/88 Mayor Sutorius assured Mr. Brown there would be a follow-up. APPROVAL OF MINUTES MOTION: Council Member Renzel moved, seconded by Woolley, approval of the Minutes of April 4, 1988, as submitted. MOTION PASSED unanimously, Bechtel, Klein absent. CONSENT CALENDAR MOTION: Council Member Renzel moved, seconded by Woolley,_ approval of the Consent Calendar. Referral 1. PROCESS AND CRITERIA FOR SELECTION OF TENANTS AT JORDAN SCHOOL SITE - REFER TO POLICY AND PROCEDURES COMMITTEE (CMR:259:8) (720-05/300) Action 2. CONTRACT WITH SIERRA WEST INDUSTRIES, T.�1r. , FOR TRIMMING OF STREET TREES (CMR:255:8) ('1014/720-U[i 3. RESOLUTION 6689 entitled "RESOLUTION OF THE COUNCIL OF THE CI'T'Y OF PALO ALTO AUTHORIZING THE. MAYOR TO ENTER INTO AN AGREEMENT TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION \ SYSTEM AND THE CITY MANAGER TO SEND THE CITY OF PALO ALTO'S FINANCIAL CONTRIBUTION FO"' THE SYSTEM TO THE CITY OF SAN JOSE FINANCE DEPARTMENT CMR: .0:: .1 .04/720-06/ 1202) AGREEMENT TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM 4. ORDINANCE 3407 entitled "ORDINANCEOF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING z TITLE 1_ THE ZONING CODE BY ADDING MULTIPLE -FAMILY ZONING CHAPTERS 18.22; 18.24 and ' 1RGULATIoNS AND CHAPTER 18.28 (GUIDELINES), REPEALING MULTIPLE -FAMILY ZONING CHAPTERS Jc2 _ .2: AND AMENDING OTHER. SEC •NS._ TO FE • TO H NEW CHAP ERS st ea • Ong 4/18/88, PASSED -0, Cobb absent) ORDINANCE 3808 entitle °ORDINANCE OF THE COUNCIL OF THE C O AL AMEN- N ON . . F MO MUNiCIP CODE (THE ZONING MAP) TO CHANGE THE. CLASSIFICAT1i - ALL PROPERTIES ZONED MULTIPLE -FAMILY' st Rea ng , PASSED , Co b sear (701-03/237-01) 60-4 5/02/88 CONSENT CALENDAR CONT'D 5. RESOLUTION 6690 entitled "RESOLUTION OF THE COUNCIL OF TH CITY OF PALO ALTO TEMPORARILY SUSPENDING RESOLUTION NO. 6568 AND RESOLUTION NO. 6453 PERTAINING TO THE EFFECTING OF CERTAIN CHANGES IN CAS UTILITY RATES" MOTION PASSED unanimously, Bechtel absent. 6. PUBLIC HEARING: APPEAL OF :VICTOR ZACHER OF THE DECISION OF -THE ARCHITECTURAL REVIEW BOARD AND THE DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TO APPROVE THE DESIGN OF A NINE -UNIT TOWNHOUSE PROJECT AT 1235 AND 1245-1247 ALMA STREET (Continued from 4/25/88) (CMR:257:3) (300) Council Member Renzel said the -project had been processed prior to the multiple -family ordinance adoptions, and she asked whether it was correct that if Council upheld the appeals it did not mean they could not build an apartment building but it would have to be a different design. Chief Planning Official Carol Jansen said the project would have to be a different design in terms of certain setback requirements and would also have to be re-Liced from nine to seven units. The appeal before Council was not dissimilar from the Mayfield II project where it met the in -effect multiple -family regulations et the time, as did the subject project. Council Member Renzel said even if the project had to meet the new requirements, it would still- be multiple -family. Ms. Jansen said yes. Architectural Review Board (ARB) Chairman Aino Vieira-da- Rosa .said the ARB rFviewed the project on eeveral occasions, worked with the applicants on certain specifics, and believed it was a good project and would be an asset to the street. Mayor Sutorius declared the Public Hearing open. Victor Zacher, 128 Kingsley, disagreed with the ARB's opin- ion. He said the project was an intrusion of a multi - development into a neighborhood now only comprised of Ingle-fumily residences; the project was architect.iurally incompatible .with the neighborhood; auto traffic generated by the project would exacerbate an existing traffic problem; and the project would obstruct sunlight from theneighboring 60-5 5/02/88 properties. Whi io each project in itseit might not have a negative impact; he was concerned about the cumulative effect on traffic,.and said the project was more compatible with "Miami Vice" than his neighborhood. Steven Carlitz, 4062 Second, Street, the applicant, reiter- ated the staff report and the ARB feelings were extremely positive. While it was true that any project would impact the neighbors, they had done everything possible to minimize the impact including being more than seven feet under the height limit, designing each floor plan differently to lessen the impact of windows on surrounding propert es, depressing the parking, and extensive landscaping. He pointed out most of the surrounding lots were multiple - family. Jim Poppy, 135 Melville Avenue, disagreed with the ARB analysis and recommendations and opined the proposed project did not promote orderly or harmonious development of the site in consideration of adjacent residential uses. To position nine condominiums amidst a neighborhood of mostly single-family homes would ue an errosion ;.,f the quality of life of the entire neighborhood. He was concerned about the parking situation and the threat to pu-oiic safety, and he urged Council to reduce the number of units to a number com- patible with recent changes in multiple -family zoning.`., Mr. Zacher was concerned the project required only one visitor parking spaceand said there was only one multi- family dwelling in the area. PSr. Carlitz read from the staff report (CMR:257:8) in regard to parking, "...the project is required by the Zoning Ordinance to provide onlyone visitor parking space. The applicant has purposely designed the project with open garages in order to help insure that the garage spaces will not be used for storage and will be available for visitor use." Mayor Sutorius declared the public Hearing closed. Council Member £letc-_hAr asked height limit for the Council v a - �i Ti _ the single-family zones in the neighborhood if they built a second story. Pianner James Gilliland said 30 feet. Council Member Fletcher asked if the highest point of the roof in the center of the project was 27 feet 10 inches,. 60-6 5/02/88 Mr. Gilliland said yes, from the existing grade. Council Member ,Fletcher wondered if the grade would be higher when construction started which would raise the height overall. Mr. Gilliland said the specific drainage and site plan had not been submitted at present, but it was not anticipated that would happen. Council Member Fletcher wanted to check that because the plans she had still said 31 feet.. She did not see any legal reasons whereby Council could justify turning uown the proj- ect because it was in conformity with the zoning. MOTION: Council= !Member Fletcher moved, seconded oy Woolley, to adopt staff recommendation to uphold the deci- sion of the Architectural Review Board (ARB) and the Eirector of Planning and Community Environment, and approve the Negative Declaration and the design of the nine -unit townhouse project including the following findings and con- ditions:` 1. The project, as proposed, will not have a significant impact on the physical environment since the project has been designed to decrease the visual i :pact, minimize energy consumption, and reduce parking and automobile impacts, as reflected in the negative declaration. 2. The design of the project is consistent with the City's Comprehensive Plan objectives and compatible with the immediate environment in that it meets Program 9 of the Housing Element by providing a net gain of six housing units and Bak unit, and it promotes orderly and har- monious development of the site in consideLation of adjacent residential uses. 3. The site design promotes a harmonious transition in scale_ and character between the adjacent residential properties in that the depressed parking reduces the agentheight of the building, the apparent mass of apparent the building has been reduced by eliminating plain, flat e.li a, the bulk of the building has been reduced by utilizing a design that provides for five interconnected buildings, and the sloping roofs and limited mail heights will allow air and aun into the site and sur- rounding properties. 4. The building design' and amount of open space is appro- priate for the function of the building and site in that the project design provides for immediate identification of the building function arid orientation as to access 60-7 -5%02/83 MOTION CONT'D and egress for pedestrian and vehicular traffic. The landscaping plans, including plant material and screen- ing materials, are designed to minimize visual and parking impacts on the adjacent land uses. 5. The planning and location of the various functions on the site create an internal sense of order and provide a desirable environment for occupantu, visitors, and the general community in that landscaping, vehicular park- ing, bicycle parking, and user amenities have been designed to create a safe and convenient environment for pedestrians, cyclists, and vehicles. Council - Member---Renze1__ was concerned about whether there wou?d_be_ a_arade differential in the back of the property. The problem had occurred numerous times before in 'multi- family projects, particularly on "the north side of the street becaue the drainage continued further north toward the Bay. The grades of several properties had to be raised as much as two to four feet relative to adjacent, properties. She asked if staff had any sense of what might be required in order to drain the project to the street. Mr. Gilliland said staff had a reasonable sense that it could be done. In the grading and drainage --which had to be approved by the Public Works Department before issuance of a Building Permit --if there was a problem in having to do fill on the back side, staff would consider that a significant change in the project, particularly after the problems in the past. At that time, the project would have to return to Council for 1pproval. Council Member Renzel was L:vml‘ erned b.riAngza the property was deep and abutted several properties on Kingsley. While all but one of them were developed in multi, -family, the remain- der of the block was single-family in nature. She recalled she was not in favor of continuing multi -family on the sub- ject site a long time ago and now =:w -the reason. While the project was attractive, the site was right at the point where the traffic funneled down and was a dangerous traffic area. The density was a real -question where they were adding traffic in that particular location. The grade and traffic impacts were important factors. Mayor Sutorius 'asked for clarification of the variation between Sheet 1 and Sheets 6 and 7 of the plans (on file in the City= Clerk's office). Sheet 1 indicated maximum height was 31 feet; sheets 6 and 7 gave a measurement of 32 feet. 60-8 5/02/88 Sr. Gilliland said there was an element in the front of the building along\ Alma Street that at one time was 32 feet high. During the review process by- the ARB, that element was -reduced to 27 feet 10 inches, and it was the highest element on the building. Staff would hold the building to that height. Mr. Carlitz clarified the front was 31 feet and was lowered to 27 feet 10 inches. There was a small portion in the back of the project about 9 feet long which he believed was 32 felt high. Mr. Gilliland said the portion was it- the middle of the site, and he wondered if that could be reduced. It was set back 24 feet from the property line. Ms_ Janeen said the ARB's concern was with. reducing the front element to 27 feet 10 inches. Whether the nine -foot element was reduced to 27 feet 10 inches was a question before the Council. Mayor Sutorius asked if it was a courtyard separation of two portions of the project. Mr. Gilliland said correct, Mayor Sutorius asked if it was facing onto an adjacent prop- erty or facing interior to the subject property. Mr. Gilliland clarified the north elevation faced the prop- erties that fronted onto Kingsley. It was a gable roof so the peak was set back from the roof itself and the peak was at the courtyard. Council Member Fletcher was under the impression from the material that the ARB put an absolute height limit of 27 feet 10 inches, and saying that was at the center of the project. The 32 feet was closer to the residents and was higher than the limit. Ms. Vieira-da-Rosa recalled originally the area of concern was some soaring elements at the front of the project, and those were reduced in height and made intoa pitched roof which gave a visual impression of reduced height. She did not recall any discussion of -tie -area in question. Ms. Jansen added the portion was a loft area which would have the potential for height reduction without compromising the floor plan per se. 60-9 5/02/88 AMENDMENT: Council Member Fletcher moved, seconded by Renzel, that the maximum height of the entire project would be not to exceed 27 feet 10 inches from grade level. Council Member Levy asked the developer about thc; feasi- bility of the amendment. Mr. Carlitz's architect said the reason for the height was to create a certain perspective in the design, to create the feeling of'a small street. It was important in terms of how -it looked but not in terms of how big the unit was. The portion in questionwasquite a distance from the property line and would not be seen from north elevation. The space was about four to five feet deep and was vainly ornamental. Mayor Sutorius clarified the portion was about 45 square feet that extended to a maximum of 32 feet in an angled fashion. AMENDMENT FAILED by a vote of 3-6, Cobb, Fletcher, Renzel voting "aye.' AMENDMENT: Council Member Renzel moved, seconded by Klein, to request staff to return to the Council if there is a change in the grade differ,ntial of one foot or greater in height from the neighboring sites. 1_ AMENDMtAT PASSED by a vote of 7-2, Woolley, Patitucci voting "no." AMENDMENT: Council Member Fletcher reed, seconded by Renzel, to request staff to return to the Council if the 32 -foot height was five feet closer to the property line than the 30 -foot specified. Council Member Levy asked if the premise was correct that staff did not know how far the subject portion was from the property line. Ms. Jansen said on the reduced scale it appeared greater than 30 feet; however, if Council's direction, was: 25 feet or less, that was her understanding of the a e ndment, Council Memb cr Patitucci did not see the significance of the last two amendments, even if they might have merit. They had an ARS and an administrative process that ensured the: requirements of ARB and other bodies were met and adhered to, He would oppose the amendment. - Council Member Fletcher believed Council was standing in the shoes of the ARB, not only in looking at the nature of the design, heights, etc,, but iri a sense had to try to under- stand row . the project would impact the neighbors. Chances were the amendment would have no effect since it appeared the height was farther away. Sometimes designs ignored cer- tain realities with respect to the site. AMENDMENT FAILED by a vote of 3-6, Fletcher, Levy, Renzel, Voting "aye.' MOTION AS AMENDED PASSED by a vote of 8-1, Renzel voting *no.' 7. MUNICIPAL SERVICE CENTER BUILDING "C" REMODEL, CIP 86-08, BUDGET AMENDMENT ORDINANCE, AWARD OF CONSTRUCTION CONTRACT AND INCREASE OF CONTINGENT AUTHORITY TO CON- �ULTAN SERVICES AGREEMENT NO. C-46.31 (Continued from 4/25/88) (CMR:224:8) (701-03/810-02/720-06) Mayor Sutorius said the item was continued due to an inad- vertent erroneous identific6tion on the agenda as being an item that had received the approval of the F&PW Committee. MOTION: Vice Mayor Klein moved, secbnded by Bechtel, to adopt staff recommendation as follows: 1. Approve the Budget Aaerdaent Ordinance in the amount of $170,000 for remodeling of the !Municipal Service Center Building 'c'. 2. Authorize the Mayor to execute the construction contract with Man Wah Construction Co., in the amount of $378,000. 3. Authorize staff to execute change orders to the con- struction contract up to $122,000. 4. Authorize staff to execute change orders to the Conau3- tent Agr_ement No. C-4631 with the firm of Wood son/ Barksdale Architects ,tup to at total of $39,000. ORDINANCE 3809 entitled NO DUNCE OF THE COUNCIL OP THE CITY OF F -AL NG THE BUDGET OK FISCAL MBAR 101T -81r- TO PROVIDE ADDITIONAL CONTRACT WITH NAN WAR CONSTRUCTION CO. FOR BUILDING C REMODEL 60-11. 5/02/88- MOTION CONT'D INCREASE OF CONTINGENT AUTHORITY TO CONSULTANT SERVICES -AGREEMENT NO. 4631 WITH WOODSCN/BARLSDALE ARCHITECTS MOTICT PASSED by a vote of 8-1, Patitucci voting "no." 8. FUNDING .ASSESSMENT FOR THE COUNTYWIDE_ HAZARDOUS WASTE MANAGEMENT 'FUND (CMR:262:8) (1440-01) City Manager Bill Zaner said a number of discussions had. taken place in the last few days to try to get consensus among the 15 cities in the Courty as to how to fund tin: $100,000 expenditure imposed by the Tanner Bill. No matter which formula was used, the cost to Palo Alto would be about $5,000. He originally recommended a formula based on population alone; however, a number of cities preferred to use a base amount plus a prorated amount based on the waste material generated in the city, and a small consensus seemed to be developing around that system. He saw no problems with that kind of an arrangement for Palo Alto. He recom- mended that the base share plus the prorated system be the City's preferred alternative and that the Intergovernmental Council (IGC) representative, Council Member Woolley,' be authorized to modify that position at the IGC if it turned out the majority of members preferred another method. MOTION: Council Member Bechtel moved, seconded by Renz•ly to: 1. Recommend a base share and prorated system to be the City's preferred alternative; and 2. That the Intergovernmental Council (IGC) representative, Council Member Woolley, be authorized to modify the City.'s position should the majority of suers prefer another method. Council Member Woolley asked if the prorated share was based on population or waste generation. Mr. Zaner said an the waste generation. Council Member Woolley said the other method suggested would likely be based on population. Mr. Zaner said probably. 66-12 5/02/88 Council Member Woolley appreciated the flexibility. The item had been before IGC for a few months and they needed to come up with a solution. Since the method would ,i,ot mate- rially affect the City, the City Manager offered a good proposal. MOTION PASSED Nunani■ ously. RECESS FROM 8:55 P.M. TO 9:05 P.M. 9. JOINT MEETING WITH PLANNING COMMISSION RE STAFF RESPONSE TO R-1 AD 'HOC COMMITTEE REPORT ON OVERSIZE HOUSES ON R-1 LOTS (CMR:261:8) (250/237-01) Planning Commissioners Present: marsh, Wheeler, Christensen, Huber PlannilIg Commissioners Absent: Chandler, Cullen, Hirsch Council M �br Cobb referred to the "front yard impact for- mulz.. and the staff report (CMR:261:8) statement that "it is possible to accomplish similar restrictions of the mass at the front of the property while allowing for a widcr variety of design with`a relatively simple ordinance." Hh queried what form the ordinance might take. Regarding the discus- sion of side`: yard setbacks, the staff report stated "side yard setback averaging may be unnecessarily complex and a similar result is achievable in a more straightforward fashion. "He asked about specifics. Chief Planning Official Carol Jansen said the front yard impact formula basically forced the building back on the property to accomwodate the formulas criteria. As a worst case, a single family structure would have to be placed 40 feet back on the property; most would be approximately 34 feet back on the property to meet the front impact formula requirements. Nothing else would change, Structures could be set back on property based on front yard setback require- ments that were sensitive to the area. They might be based on the averaging of front yard setbacks of structures in the adjacent area or on street setback lines more sensitive to the particular street scape of a property. She believed specifics would result from a neighborhood analysis survey. Council Member Cobb queried how the simpler approaches would move ahead. 6. Ms. Jansen said the pools of information were easy to find once Council decided what it wanted to do; the most impor- tant part was to well -integrate it. She believed regu- lations would uliAmately he a bland of expertise similar to the procf.ss used for the multiple -family regulations. Council Member Patitucci said Council was originally encour- aged to review the R-1 Committee repott as an entire pack- age. The report (CMR:261:8) reviewed one element at a time but nothing addressed the total package. He queried the #if€erence between the total package versus the analysis of individual components. Ms. Jansen said an analysis of the entire package would be that it did not do much in terms of addressing single-family regulations. A number of elements of the Committee's pro- posal were accurate in terms of issue identification and might partially be the most applicable kind of tool in the final analysis. It was hard to say which elements those might be because regulations needed to be dealt with as a total --not individually. The fallacy in past looks at single-family regulations was that only one tool was looked at. Council Member Bechtel said the neighborhood analysis sounded major. An Eichler neighborhood might be relatively simple but somr_ others where every" other house was different would be considerably harder: She queried whether a neigh- borhood analysis could be completed before the conclusion of the moratorium: and, in light the City's current gap in revenues and expenditures, how much it would cost. Director of Planning and Community Environment Ken Schreiber said the cost would not be beyond available resources. Priorities would be shifted, and if staff was directed to undertake the assignment, it would be assessed in greater detail in terms of how it would play out within the yPlanning Department. Staff hoped that after some initial eeview of various part of the community, it could ic1e fy some typi- cal areas that neighborhoods, streets or sections of streets fell into. If areas did not fall into',: four or five rela- tively neat categories and there were a lot of exceptions or areas that did not meet any one set of standards, the job would be more difficult and staff might not be able to,,re- turn with .a set of regulations as part of the initial pack- age at the end of the eight -month period. Staff hoped to complete .she analysis by the end of the moratorium ordinance. 60-14 5/'02/86 Council Member Bechtel queried how the neighborhood analysis would be separated from the architectural review with which staff did not want to get involved. Mr. Schreiber said the process of single-family design review had the potential of consuming vast amounts of staff time and ultimately Commission and Council resources. Neighborhood character dealt with setbacks, parts of land- scaping and height. Staff envisioned the regulations being more closely aligned to front yard setback and height regu- lations than any type of design review. Modifications to regulations would be based on characteristics of particular area that were notably precise and clear no that people could identify with them. Council Member Woolley believed the neighborhood character issue was essential in order to arrive at a complete pack- age. She asked about the extent of the survey and whether stiff intended to create a series of overlay zones. Mr. Schreiber said as part of the initial study, staff would survey some select areas to try and identify typical areas and standard types. The concept was not to dealwith over- lay zones. Vice Mayor Klein said the report (CMR:261:8) indicated in several places that the R -1 report addressed the problems of front yard effect at the expense of pushing development into what would be side yards and rear setbacks. He understood the R -1 report did not recommend any relaxation of the rear yard setbacks but rather a strengthening of the side yard setbacks. That being the case, it seemed it would not be possible for ttie subcommittee's recommendations to result in houses just being moved into the back and the side any more than would be presently allowed. Ms. Jansen said the 20 -foot rear yard setback requirement was rarely an impediment in any' kind of construction of single-family additions or development. The formulas -- particularly the front impact formula --basically shifted the same building element• back on the property. In terms of evaluating the standard lotting patterns, staff looked at all of the single-family additions and new construction applications with a 0.5 FAR and applied the formula. Basi- cally the formula took the same building and pushed it back. The; same FAR could be 'built, with basically the same side yard setbacks. The City tiad narrow deep lots so the front and rear yard setbacks rarely did much in terms of reducing building mass. 60-15 5/02/88 Mr. Schreiber said staff analyzed numerous plans either in process or recently submitted for conformance. with the R-1 Committee's report and what ;;nanges would have to . be made to bring those plans _into conformance. On most lots in most parts of town a house have= -;4 a 35 percent lot coverage times 2 or a 0.7 theoretical maximum FAR could be accommodated. In addition, staff observed for many applicants there was a high priority on square footage and less of a priority en open space than perhaps ten 'years ;ago. Within the standard 60 -foot by 100 -foot lot, just taking the setbacks 45 percent of the lot was left to work with even with the increased side yards. The building could be moved back and the maxi- mum square footage gained at the sacrifice of open space. Many people were making that trade off. Vice Mayor Klein clarified by and large staff believed pure square footage was a problem or "the" pr:,blem whereas the R-1 Committee took a different approach. Pr. Schreiber believed that was fair. If someone put a 4,000 square foot house on a 6,000 square foot lot, staff did not believe there was any way to configure the house so that some combination of street scape and privacy of the adjacent rear yards and the lots across the fence would not be impinged upon. Council Member Renzel said in Council's original referral it asked for some other parameters, i.e., review of the day- light plane, daylight basements, and noncomplying wall extensions, to be explored. She queried whether that needed to be reiterated or whether it would automatically be part of any assgnment to the Planning Commission. Ms. Jansen said it would be part of any integrated set of regulations. Staff's report tried to hit the high points of the Subcommittee's recommendations. Council Member Patitucci queried whether FAR was a central issue if staff concluded that square footage was a primary objective of much of the development. Mr. Schreiber said FAR was perhaps the best tool to gat at the overall massing issue. The key was a "combination" of parameters. Building mass was part of the .problem which needed to be brought under some greater control than the 0.68, 0.7 FAR presently possible under the unamended R-1 ordinance. The area was critical for Ccuncil direction. Council Member Patitucci clarified the interrelated natUre of the variety of the regulatory elements and that previous approaches were probably too simplistic. Council needed to 60-16 5/02/88 arrive at a combinatioe,, closer to what the Subcommittee recommended than something like a moratorium or some of the previous proposals. He asked whether it could be done in eight months. Mr. Schreiber said staff recommended the issue be referred to the Planning Commission. The Planning Commission had two recently successful products, i.e., the multiple -family regulations and the transitional zone regulations. Both cases involved complex development issues. The process for the multiple -family, and transitional_ zone regulations was that the Commissioners themselves, with outside assistance, put the initial package, together. The package was then changed but the process provided a greater understanding of the interrelationship of elements. He recommended the Commission seriously consider involving one or two ARB mem- bers for their design assistance and they, drawing on, as resources, members of the current R-1 committee, past com- mittees, members of the public, architects, property owners, etc. us was done in the multiple -family process. He believed that process could work within the time frame being discussed and return with a fairly smooth sailing product. Council Member Woolley referred to the graduated FAR where on a 5,000 square foot lot the house got an extra 500 square feet. If developed to the full lot coverage for the first floor, there would need to be an extra 500 square feet in order to have 1,000 square feet on the second floor. The FAR fanged from 0.55 a t 5, 000 square feet to 0.415 a t 10,000 square feet. The Committee and staff might wish to look at not just a flat across-the-board FAR but some kind of gradu- ated FAR so it would not necessarily be the same for all L sized_ lots. Mayon` Sutvrius appreciated that staff did not identify FAR as the necessary way of approaching the problem. He hoped whatever device would give consideration to relating it to the envelope rather than the lot size. A lot size ratio for a 6,000 square foot lot would convert to an absolute number Cf square feet for bulk disregarding the dimensions of the lot. He believed consideration of the envelope should be factored into the thinking. The other reference to FAR was made in the pro and con discussion of site -cover- age and the recommendation on the part of the ad hoc commit- tee that..consideratfon be given to increasing the site coverage and a number was suggested to 0.42. Staff identi- fied the pro and can considerations and concluded that if the sitecoverage was expanded that the option of a second story pcFtential should be precluded. He understood from the adrioC comet ttee report that:one-of the reasons for offering - the recoasendation for consideration dealt with the 60-17 5/02/88 situations where the existing home was a one-story home where the neighborhood character would only allow for one £,troy but that also there might be situations where there was an existing home that had a partial two-story and the opportunity to coo slightly beyond 35 percent at sKhe first floor was a natural opportunity for expanding. It was not a matter of adding a large amount of space but it was the location of the space. He understood staff did not favor the idea of going beyond the 0.35 FAR if there was already a second story and it would require a variance approach if that was whatt the property owner wanted to do. Ms. Jansen said that was correct and it was the same process already in effect for going beyond the 35 percent 'lot cover- age. There needed to be findings' associated with the variance. The primary thrust of the Committee's discussion and the primary basis for its recommendation was to maintain the\ architectural integrity and to accommodate additions to homes where second story additions were not permitted. Mayor Sutorius suggested a bonus situation for second story where the amount of site coverage was reduced. The point would. be to create more open space and more landscaping opportunity using less of the site so there was less wall at the second level intrusion. Council Member Woolley referred to page 10 of the staff report, "Modifications to Subdivision Rule,," She was interested in Item 2 regarding flag lots and item 4 regard- ing parcel assemblage and queried whether there needed to be separate direction if it should be considered because it was not included under items for Council Concurrence or in the action plan. Ms. Jansen said the issue of flag lot - development was scheduled to be reviewed by a subcommittee of the Planning Commission. The subcommittee's review of „ the issue would probably run in tandem to much of what was tieing done on the single-family regulations in general. John Mock, 736 Barron Avenue, commended staff for its anal- ysis of the Ad Hoc Committee's report. There needed to be a way to address neighborhood compatibility, and he hoped Council could come' up with a process which was more repre- sentative of the entire community and which would respect the individual neighborhoods and not Just those involved in the design and building of houses. Judith Schwartz, 2330 Bryant Street, commended staff for its efforts in taking what was good from the Ad Hoc Com- mittee's report and trying to come up with other solutions when the problem, was not addressed. She commended staff for using common sense in attempting to deal with only obviously L trusive. projects. The objectives were to try and address quality and diversity of design and to give families the flexibility__ to add on. Council heads: to go on record in support of protecting people against intrusive development and to give staff . the chance to do it recognizing that not everything could be reduced to a math problem. Martin Bernstein, 617 High Street, was concerned about a movement to define "neighborhood Compatibility" as a building style. He suggested the phrase *neighborhood character" be changed so as to not confuse people, Linda Houle, 244 Tennyson, supported the comments of Judith Schwartz. She was concerned that Palo Alto would end up to be neighborhoods with houses and no yards and none of its historical depth of character. Flag lots restricted privacy and usually affected five neighbors. Jon 3chink, 420 Lowell, addressed the issue of neighborhood character, and said having built and developed property in Palo Alto for ten years and having served on the City's ARB, it was absurd to think criteria could be developed for neighborhood character. He encouraged Council to try and define neighb(rhood character in the 300 or 400 block of Lowell. He suggested Council stick with the basic zoning ordinance., If Council adopted a neighborhood criteria ordi- nance, it would be a boon for developers, because while staff desired simplicity, it was the type of regulation thet compelled people to call developers because they could ,not understand how to work with them. Regarding the 42 percent lot coverage, the Ad Hoc Committee saw it as an opportunity to be applied in situations of existing two-story residences L ___� would be - J the � L1 where it inappropriate LO expand second floor further but it would be appropriate to expand on the ground level. He urged that it be kept in mind. Mayor Sutoriva-clarified that the neighborhood characteris- tic concepts would be more complex than the front yard Ret- back calculation and the side yard averaging and daylight plane exemption ;process. Schink believed they would if he '' use...' his block as an example and tried to apply any neighborhood concepts. Council Member Woolley referred to the Ad Hoc Committee report addendum and said what was essentially proposed was that if the majority of garages were at the: -back, the . garage would be: put at the back. She did not see that as being hard to understand. 60-19 5/02/88 Mr. Schink salt the example in and of itself might he one simple answer but he referred to the diversity of his neigh- borhood on Lowell where there were three garages in the front and the rest were in the back. Council Member Woolley believed Council needed towork on whet constituted "majority,* and how ` to come up with the average. Elsie Begle, 1319 Bryant, agreed the matter should he returned to the Planning Commission. She was concerned about ignoring due process, that the issue had been cata- pulted into the front of everybody's consciousness without a thorough community -wide review, and she believed neighbor- hood compatibility was a hopeless administrative task. She asked if it would be the neighborhood goal if the majority of the houses were unattractive. Robert Her r iot, 7066 Byron, noticed the staff report rejected some of the front setback ideas submitted in the R-1 Ad Hoc Committee report. He agreed that all that was achieved by pushing the houses further back was a smaller yard, but one conclusion was the houses could be smaller, not necessarily from a FAR but if setbacks were set suitably in the side and rear yards to make up for houses being pushed back. The important things was the perceived mass not the actual mass. He believed the Ad Hoc Committee might have been too lenient in some of the numbers, and a great deal of time should be put into deciding on the correct numbers for setbacks on all sides of the property. He believed they should continue to explore the idea of nei;h- borhood compatibility. He suggested the notion of exception zones for side setbacks. The only way to decide on reason- able numbers was to look at a lot of houses and have a lot of public input. OPTION: Council Member Patitucci moved, soconded by Klein, to concur with Items 1 - 6, on pages 11 and 12 of the staff report (CMk:261:8). 1. The R-1 regulations as presently written are a serious problem and need major revisions to address community concerns. 2. Single-family regulations should be easily comprehens- ible` to the hoaeeowner and not dictate the need for professionals in plan preparation. M ei bbcrhood character needs to be identified and quan- tified so that it is a unable factor in erals,,ling projects. 60-20 5/02/88 noTips C ST'D 5. A combination of development parameters ircluding sets backs, building mass, second -story placement, and daylight plane needs to be related in a refined set of regulations. Changes to any oae or - a few of these factors will not accomplish the task. 6e Staff concurs with previous Council direction that a formalized single --family design review process is uidesirable Adopt the Action Plan on pages 12 and 13 of staff report (x:261:8) as follows: 1. Refer the issue to the Planning Commission for consid- eration of Council direction and policy input on preparationof new in-depth modifications to -the single - ,family zoning regulations. 2. Direct staff to seek input from outside organizations,` previous committees, and other communities dealing with similar changes to R-1 regulations. 3. Direct staff to prepare a Neighborhood Analysis Survey. Council Member Bechtel- confirmed staff's understanding of what they would do related to the neighborhood analysis was not to do a street -by -street overlay, but simply to :sample several neighborhoods to come up with a system of quan- ti is ing and measuring. She shared John Schink's concerns . as to. how the analysis could be achieved in some neighbor- hoods. M. Schreiber said yes'.. and staff might conclude that imple- mentation was not appropriate or feasible based on the data, Council Member Bechtel was prepared to -vote for the motion as long as staff's answer could be a possible conclusion. Council 111tmber Woolley believed Mr. Bernst in's suggestion to, change -"neighborhood compatibilty" :to•, "neighborhood , pate,:., tern," was probably a good idea. It had nothing to do ° with specifying style. The vrristy of styles within the commu- nity was one of the teal. pluses. The idea was lot new. The City had a provision on its boOks since 1980 when the pistoric.Preservation Ordinance was passed. Every house within the historic d itrict of Professorville held to be reviewed, and the reason was to see whether it was compat- ible to the historic district. That, involved a review board, and she was aware they were not'\talking about a review board so they needed to establish more definite derfcriptions. The criteria used by the Historic Resources Board (HRB) were more general and ` would not _ be . workable in the present case. She supported the recommendations. Council Member Levy supported the motion on the floor, recognizing a lot of discussion was yet to come and the elements of neighborhood compatibility needed extensive dis- cussion. He was satisfied staff had a good understanding of the goals. As the months passed, he ,was concerned they would confuse what the community concerns were that moti- vated them in the first placer AMENDMENT: Council Member Levy moved, seconded by Fletcher, to add to the end of Item 1: °aboutintrusive- ness, scale, and neighborhood compatibility.° MAXER AND SECOND AGREED TO INCORPORATE AMENDMENT IN THE MAIN MOTION 1 Planning `Commissioner Pam Marsh was willing to return the matter to the Planning Commission, but she implored Council Members to give more thought to .wh't they perceived ae the. problem and to give the Planning Commission some specific direction. She still did not have a clear idea as to what the Council saw as the problem, i.e., was it on all lot sizes, was it with demolitions, or was it also with small remodels, was it a problem with lack of open space as sug- gested by Mayor Sutorius,. or .with mass as suggested by the staff. Council Member' Fletcher did not believe it would bediV= icult to define neighborhood patterns, and said; she found most neighborhoods had distinctive patterns, e.g., College Terrace, i vergreen Park, Downtown North, and especially _South ,Palo Alto. In reference to Mr. Mock's comment$, . she would like to have one or two residents included who went to the Council and asked something be done, and certainly there should be a public process. The language °"'incorporated in Item- : ;1 specified the problem: intrusiveness, scale, and neighborhood, compatibility. When ,__there teas suddenly one building 'enlarged significantly or two new buildings next to each other, they stuck out like, a sore F thumb because they were so different in style, in setbacks, and'€ in mass. That was what concerned the community, plus the reduction in privacy for the neighbors. �r .: s Council Member Cobb said Commissioner Marsh's remarks were well. taken._- It was difficult to give a better feeling for the problem. A quick answer would be that the problem was one of excess and impact. Hel personally would like to see the neighborhood -character issue incorporated, but his own neighborhood was a mixture of Eichlers and ranch houses which had a 'definite character. It was subtle and not easy to define. A concern remained that if theproblem was one of excess and impact, how did they, draw a line with formulas and specific regulations between someone who built an egre- giously large, highly impactive, obviously obnoxious house and someone who had high FAR and 10 'coverage in an area of similar 900d -sized houses on fairly small lots. It would be tricky to make those kinds of distinctions, but they needed something otherwtse they would catch the "good guys with the bad guys." He was concerned that the job would require more time than the eight months of the moratorium. Council Member Renzel was concerned by long two-story walls at the side yard setback, or closer in some cases. That had to do with the daylight plane and with the setbacks. Some- thing needed to be done to break up both the visual, mass intrusion and A privacy intrusion for the neighbors. She agrseu with Council Member Cobb that it was an excess and impact issue and part of it had to do w`jth overall size. The community was not laid out or subdivided to accommugiate. the size and scale of houses being built.:', today. They needed to reestablish some relationship between the subdivision and, the kind of development. No matter what zoning rules they had, there would always be individuals who were impacted and had sympathetic cases. Council should recognize that occu- pants of houses came and went, and it was the character of the town that.. would remain and people bought the ambience of a town. To the extent the Council.., created planning rules that ,fostered reasonable development, it would serve them well over the long --term. She learned long ago on the Planning Commission that adjusting rules for sympathetic cases was usually a mistake and the proper consideration was the overall good of the community, obviously bearing in mind people's needs generally. They needed to move on. Council Member Woolley saw three problems: Mass, privacy of the immediate adjacent neighbors, and breaking up an obvious neighborhood, pattern. She did not believe the ptoblem ap- plied only to demolitionsnor to lot size. Vice Mayor Klein was concerned about the vocabulary being used. If the problem was *obvious," there would nct be speakers on, both;: sides of the l sue. The word "intrusive* 6Q-23 S/02/80 As corrected' 6/06/88 was also not clearly self -defining. He agreed with Council Member Cobb that the problem was difficult and drawing lines would not be easy. Mayor Sutorius said the focus of the discussion was all on,, preventing things and had a negative cast. Be hoped they would not forget the staff and Ad Hoc reports tried to pug emphasis on positives. The zoning could help in the kind of product that, the home owner wanted, increase the fiexi- bility, and reduce obvious manipulations of the existing zoning. The reports both emphasized the interaction of the various elements,of zoning and the importance of not focus- ing on any one element. Demolitions and second -stories probably were getting emphasis at present because there was a tremendous shock associated with them. He was concerned about the neighborhood discussion:. He appreciated Council Member` Bechtel's question and staff's response. He could not sa'r what the character or pattern of his block was. It ranged from modern, to traditional, a mix of one- and two- story, small ranches, cottages, Tudor, and flag lots. The pattern of the character was diversity. They wanted new homes or remodels to respect the neighborhood, not to parrot it nor to be frozen. Planning Commissioner Ellen Christensen asked whether the. Planning Commission would have the flexibility of estab- lishing the ;makeup of the committee. Mayon Sutorius said yes, Planning Commissioner Helene Wheeler said taking on the study would necessitate dramatic reshuffling ,of priorities: within the Planning Department, and she asked which of the studies in progress would be most severely impagt d. Ms. Jansen said a nuber of items --mostly Council -directed studies --had been held in abeyance, e.g., th. Foothill design guidelines and a rewrite of the El Camino Real design guidelines. Major studies, such as the Citywide study, would continue , to progress, and wrap up on the multiple family regulations would proceed. It had been a Herculean effort to date and the work was just beginning. NOTION PASSIM unanimously. 10 C9ONCIL EMBER GAIL: WOO .t Y•= RE ORDINANCE MORATORIUM' RDIN CE gi-Q /2 Connell Member Woolley reference) her aerorandum'. of April.<27, 1988, and added 4-f the variance was not approved obvioully that was the : end ofthe, project. The motion would only apply to those whose variances wRre subsequently granted MOTION: Council Member Woo1j, py moved, seconded by Levy, that the moratorium shall not #ripply to structures for which an applicatiiin: for a variance was filed prior to 5:00 p.m. on April 11, 1'188 Mayor Sutorius; asked for an overview of any of the sig- nificant difference; between the work materials prepared for a variance versus application for a building permit. Mr. Schreiber replied the, building permit application required more detailed technical, architectural and engi- neering work to meet the •Building Code submission require- ments. In most cases, a variance_ application required the proposer to think through the proposal and come up with plans sufficiently detailed to allow for both an analysis of the appropriateness of the variance as well as an assurance the variance met the intended result. In both cases there was considerable preparatory work by the property owner with more technical work with the building application and moe community outreach with the variance application. Council Member Fletcher asked how many projects would be affected by the motion. Mr. Schreiber: said staff knew of only one project, but there could be more in recent history. Staff had not identified them. MOTIO1i PASSED unani Ously. 11. PROPOSAL TO RESTRUCTURE SANTA CLARA COUNTY TRANSPORTA- TION COMMISSION (1510-01) CouncilMember Bechtel agreed with the recommendations in the two letters at places (on file in the City Clerk's office) from fountain View and Sunnyvale and believed they, might.. want: _to say something to the effect the Transmission Commiscion needed to take a more major role; the Commission should be smaller; and there should be no more than one supervisorion the Commission. The 15 -member idea was a good one. Council Member Pletcher said there was no consensus around the Transportation Commission as to the size of the oasissia . The original reoossenda4ion from the Executive Cos*i ttee came 'gip with only- reducing the Commission by two, and their rationale was that taking on a larger 6,0-25 5/02/88 responsibility needed larger representation on the Commit. - teen; howa•Ier, she did not -believe the point was necessarily valid. MOTION: Council Member- Fletcher moved, seconded by Menzel, the T'ranspor'tation Commission consist: of 19 Members as outlined in the letter from David Fadness dated\April 21, 1988, and adopt the responsibilities of the Commission as included in the ;letter from Supervisor Dianne McKenna dated February 22, 1988. SUBSTI uiE MOTION: Vice Mayor Klein moved, seconded by Cobb: 1) That the Transportation Commission consist of the smallest fasible size of 16 members with weicht voting based not only on the nighttime population but also on the daytime work force population in each community; 2) Authorize the Mayor to write a letter expressing the City Council's concern that the Transportation Commis- sion's review of transportation planning be tied to land use issues. Council Member Fletcher preferred ' the makeup of the Com- mission in David Fadness's letter because nothing would get approved without the concurrence of Sap Jose. San . Jose was concerned about one representative from each city with weighted votes because they would lose representation on the committees. 'Itm formula which allowed more representatives from San, Jose would stand more chance of being approved. The daytime; nighttime population was a useful point to make. Council Member Levy said the motions were similar. He did not believe there was a dramatic difference between 1.6 mem- bers and 19 members. He agreed with Vice Mayor Klein that it was a worthy objective to get the number to the minimum; however, he also agreed with Council Member Fletcher that the makeup encompassed in the 19-membersize was probably more realistic. It also had the benefit of simplicity as compared to the weighted voting concept. San Jose consti- tuted half the population of the county, and the 19 member Commission would ' give San Jose less than one -sixth of , the vote. He assumed Council Member Fletcher's motion also encompassed the paragraph that said if the San Jose Council Member: or the County Supervi or voted against sometbing, it would require a 2/3 vote of the Commission for passage. Council Member Fletcher said yes. Council Member •Renzel asked what procedure would follow; whether the Council was simply expressing a political pref- erence or whether what. they were saying was tantamount to a veto of what\ someone else would say. She regarded it as expressing their preference for what should happen ideally. Someone. else was holding the political cards .to make the ultimate decision and the Council might have to ratify it. She agreed with Vice Mayor Klein that smaller was better and Palo Alto might have propertionately greater representation under that formula. Vice Mayor Klein agreed with Council Member Renzel and said they should recognize they were not alone in their emphasis on regional cooperation. They ,weregoing into a negotiation process, and it was about time they made Palo Alto's voice heard more emphatically. Weighted voting was important and worked both up and down. Palo Alto was approximately in the middle of the 15 communities, and he did not believe it was fair and democratic to give equal voting to some of the really small communities. They could discuss, it if San Jose had a problem serving on committees. That problem was not solved by having extra people on the Commission when it came time to vote. The Council should take a position to defend its interests. Council Member Fletcher explained the Transportation Com- mission would meet the second Wednesday in May and would try to reach a consensus to forward a recommendation to the Board of Supervisors. The Board of Supervisors made the final determination. Council Member Woolley agreed with Council Member Renzel and Vice. Mayor Kiein One point made by Dave Fadness was there would be greater emphasis of the conduct of the Tranpor- tation Commission business through the Standing Committees. Her experience with IGC°which had 20 members was that orga- nization was not effective until four Standing Committees were set up. The question of enough members for committees was addressed and it was proposed that committees could have as their members people who were not actually elected offi- ciale-on the Transportation Commission along with elected: officials.- They would be able to vote in the committee but 'ould not be a part of the voting body in the Transportation =Commission. NAM AID sacOnD of SDBSTf' UTE Norio" #au== TO IHCOkPO- RATS LANGUAGE THAT 3) THERE BE .A STREIIGTHEmING OF THE CON- NI'TTB STS EN AND NON -ELECTED ortICIALS PARTICIPATING IN THE :a umITT EE ' BUBSTITUTg BOTION", DIVIDED FOR PURPOSES OF VOTING R$CMENDATION 01 OF SUBSTITUTE MOTION PASSED on a vote of 7-2, Levy, Fletcher voting "no.!' RECOMMENDATIONS 112 an4 43 PASSED unanimously. \ ADJOURNMENT Council adjourned at 11:10 p.m. ATT EST : APPROVED: