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Home My WebLink About1983-07-18 City Council Summary Minutesi 1 CITY COUNCIL M1NUTEi CITY of MIL o ALTO Regular Meeting Monday, July 18, 1983 ITEM PAGE Ural Communications 3 5 9 9 Consent Calendar 3 5 9 9 Referral 3 5 9 9 Action Item #1, Agreement with YMCA for. Fire Fighter 3 5 9 9 Physical Fitness Examination/Evaluation Item #2, Planning Commission Recommendation _re .+ i - - ii+;v vim.aiin iVi t iv Pluper4 Lu..QLee at VZ4 Laurel Glen Drive Item #3, Planning Commission Recommendations re Assessment and Application by Hare, Brewer and Kelley,- Inc. to the City of Mountain View for the Conversion of the Mayfield Mall Shopping Center to an Office/Business Industrial Park Ayerida Changes, Additions'and Deletions Item #4, Argument Procedure for Measures C, D,, and E at Special Election on November 8 (Charter Amendments re City Controi l er/Aud' nor Positions and re C TV) (C'cntinued from 7/11/83) Item #5-A, PUBLIC HEARING: Planning Commission Recommendation re Comprehensive Plan Land Use Change from MF',to. CSI and Zone Change from RM-2 to Chi for Property at 3011, 3045, and. 3065 Middlefield Road and No Zone Change from RH-2 to RM-2 (N ) (Special Nonconforming Use Amortization District) Item #5-8, PUBLIC HEARING: Planning Commission Recommendation re No Comprehensive Plan Land Use Map Change and Zone Change for Property at 3825 Middlefield Road Item #5, PUBLIC HEARING: Planning Commission Recommendation re Comprehensive Plan Land Use Map Change and Zone Change for Property at 2850 Middlefield Road (Forayer Hoover School Site) Item #7, PUBLIC HEARING: Planning Commission Recommendation' re Revised Tentative Subdivision Map with Exceptions for the Property at 600 Hansen Way Item #8, PUBLIC HEARING: Planning Commission Recommendattion re Nonconforming Use Termination Provisions for Property at 911 Bryant Way Item #9, Public Employees' Retirement System Contract Amendment - One Year Final ' Compensa- tion Adjournment 3 5 9 9 3 5 9 9 3 5 9 9 3 6 0 0/ 3 6 2 8 3 6.0 0 3 6 0 9 3 6 2 0 3 6 2 3 3 6 2 4. 3 6 2 7-: 3 5 9 8 7/18/83 Regular Meeting Monday, July 18, 1983 The City Council of the City of Palo Alto met on this day ill the Council Chambers at City Hai 1 , 250 Hamilton Avenue, Palo Alto, at 7:35 p.m. PR SENT: Bechtel, Cobb (arrived 7:50 - p.m.) , Eyerly, Fletcher,.Klein, Levy, Renzel, Witherspoon ASSENT: Fazzino URAL COMMUNICATIONS None CONSENT CALENDAR MOTION: Vice Mayor Witherspoon moved, seconded by Eyerly, approval of the Consent Calendar. Councilmember Klein asked to be recerded.as "flnt Fartic ating" on Item #3, Application by Hare, Brewer and Kerley, Ir, . f' •.:the con- version of Maytield Ma': due to a conflict of inte,`9s}. winenowinoimar None Action ITEM #1, AGREEMENT WITH YMCA FOR FIRE FIGHTER PHYSICAL FITNESS AMIHAIION Staff recommends that the Mayor be authorized to sign the contract with the Palo Alto Y.M.C.A. for a physical fitness program for Palo Alto fire fighters. AGREEMENT - PH!SICAL FITNESS PROGRAM FOR PALO ALTO FIRE FIGHTERS Palo Alto Y.M.C.A. ITEM #2s PLANNING COMMISSION RECOMMENDATIOR:"RE SITE AND DESIGN:` OF A sidULE 1AMIL-T HOME Ai Staff recommends that Council approve the .site and design applica- tion for a single family home at 924 Laurel Glen Drive as recom- mended by the Planning Commission en June 29, 1983. ITEM #3 PLANNING COMMISSION RECOMMENDATIONS RE THE ENVIRONMENTAL mrsasirtwmirtrivrrtornTrarn AMU KELLEY i u'IRC Staff recommends that Council -adopt the Planning Commission recom- mendations as contained in the June 30, 1983 letter to the CiLy:of Mountain View Planning Commission. MOTION PASSED unanimously, with Cow c11member Klein "not ; parti- cipatiny` on Item 93, re Application of Karel, Brewer and Kelley, Cobb and Fetzime absent,. • AGENDA CHANGES, ADDITIONS AND DELETIONS None 3 5 9 9 7/18/83i ITEM #4 ARGUMENT PROCEDURE FUR MEASURES C G AND E AT SPECIAL Mayor Bechtel said the arguments for the three measures ors the November 8, 1983 ballot were at the_Councilmembers` places.. MOTION: Mayor Bechtel Moved, sec ded by Witherspoon, to con- sider the it,' at the end of the agenda. MOTION PASSED unaniwously,\7-0, Cobb and Fazzino absent. ITEM #5-;, PUBLIC HEARING RE PLANNING COMMISSION RECOMMENDATION RE .011 C-OMMERCIAL AND ZONE CHANGE FRdM RM-I i U C SSE AmURTi Mayor Bechtel as ;ed the Council and the public to address Item #5(a) separately from Item #5(b). She said that the Council- mem- bers received a letter at their places from Bob Lawrence concern- ing the South Palo Alto Emergency Veterinary Clinic, advising that he could not be present and requesting that the hearing aid action be continued to July 25 or August 1. She believed the item should either be heard and completed during this meeting or have the public hearing continued to Auyust 1. She did not know whether Bob Lawrence was concerned about Ali: or only one parcel, aeJ deferred to Marilyn Taketa for response. She recommended against continuing the public hearing. Marilyn Norek Taketa, Attorney, Finch, Sauers, Player'& Bell, 755 Page Mill Road, said Mr. Lawrence represented the clinic, who had. a conditional sales contract for one of the parcels. He would speak both for the particular parcel where the clinic was now as well as for all three parcels in the extended amortization dis- trict. His interests were as representative for a group that had a contractual interest in one of the parcels. Mayor Bechte asked it anyone in the audience represented the South Palo Al Zo Emergency Veterinary Clinic. Unless Council felt otherwise, she believed that representatives of the Midtown par- cels should be heard. Counci lmember Eyerly asked why the Veterinary Hospital representa- tive could not be present. Mayor Bechtel said Mr. Lawrence only indicated that he would he out of towns Councilinember Eyerly said that without any reason being given by Mr. Lawrence for not attending_ tonight, he would not agree to a. Continuance. Mayor. Bechtel said -Council also had a request from the tenant of the Ballet Arts Center reques►ting that Item #5(b) be Continued, and she responded that the public hearing could not be held twice. Ms. Taketa corrected Mayor Bechtel and said that the owner of the ballet Arts Center property --not a tenant --could not be present.- Mr. Ulmstead, the owner, was out of town and would not be able to attend tonight's meeting, although he could attend subsequent meetings by flying back from-;,$opthern . California. If possible, she requested that the public hearing -bz kept open since `there were members of the public present that would like to speak. Given MP'. Olmstead's great interest in the -subject matter and :some of the information he could„ provide, particularly with respect to the plans to remodel the u 1,uin9, it would be difficult to answer questions in that regard without his attendance. 3 6 Q, 0 7/18/83 Mayor Bechtel said the choice was to either hear and conclude the matter tonight or continue it. She asked staff about the possi- bility for next week's agenda. City Manager Bill Zaner responded that July 25 was better than the ft lowing week. Ms. Taketa said Mr. Olmstead was unable to attend on July 25, but would be available on August -15. Steve Sudjjian, 703 Ensign Way, commented that Mr. Olmstead was not at the last Planning Commission meeting either. He was, con- cerned that the item could be continued forever until Mr. Olmstead attended, but he did not believe there was enough interest on Mr. Olmstead's part to be present. He requested that the matter be completed tonight out of fairness to those in attendance. Councilmember asked when Mr. Olmstead could attend. Ms. Taketa said she had understood that Mr. Olmstead could be pre- sent tonight, but apparently in error. On August 1, the Afflecks, who ran the Ballet Arts Center, would be out of town. She had a prier commitment on August 8, but if necessary would attend the meeting. 0n August 15, everyone could be present. She advised that Mr. Olmstead attended the first Planning Commission hearing, but. was unable to attend the second. Mayor Bechtel said having no motion to continue the item, the Council would continue with the agenda. She clarified that !tam #b(a) only concerned the three parcels in the Midtown area --the Shell Station, Emergency Veterinary Center, and the Chinese Com- munity Center. Planning Commission Chairperson Jean McCown said the Commission's recommendatiens,on the three subject properties reflected consis- tent support for the ultimate redevelopment of those properties from commercial to multi -family residential uses. There was no expression of support for rezoning thee parcels to neighborhood commercial or any other commercial use. The :Commission discussed the possibility of permitting the properties et 3011 and 3056, the Veterinary Clia\ic and Shell Station respectively, to amortize out and be available for redevelopment at the".same, time as the Arco station. Staff and the City Attorney present at that meeting indicated there was no way the Commission could consider that as an alternative since there was no item related to the Arco sta- tion. The Commissiu;,n's recommendation was consistent with that, of staff to not recommend any extension of the amortization period for the three properties. She clarified that the Commission did not consider a possible different combination of the parcels. Mayor Bechtel declared the public hearing open. Ms. Taketa speaking as coordinator of:the applicati,on for the Spe- cial Amortization District -for the three properties, said a lot of people spoke on behalf of the Emergency Veterinary Clinic, the Shell Station, and on behalf of the various organizations in the Chinese Community Center that would probably have..to leave -'if the commercial aspects closed.. Thousands of signatures were submitted en the. -petitions, and she was impressed by the outpouring of public. support for the businesses and the fate of the area -Tie people did not want to be bound by decisions of law makers fifteen years ago, they liked and wanted. their businesses. They worked hard for the Century Liquor , Store .and wanted the present busi- nesses to -also remain._. As. the elected; representatives, the Council -could rezone to neighborhood ._commercial, urge the PC application for either some -or -all —of the businesse$, or -extend- the a+aortlzation district to allow the `neighborhood to develop, possibly as a recreational center in conjunction with the -Winter Club and theChuck Thompson facilitiet. The people were\asking for help, and as their elected -representatives, the Council he'd the power to help them, and she hoped the Council would listen. 3 6 0 1, 7/18/83 Stella Zamvi l , 821 Tltornwood Drive, had resided in Pak) Alto for over 3U years, and was appalled by the high buildings closing off space. She wondered if the town needed more commercial building but the Vet Clinic and other enterprises were needed. The vet clinic had saved one of her dog's lives and was important to anima', lovers. She wished there had been a larger campaign. Ernest Hung, 2727 Midtown Court, 024, -- id tonight's was the third hearing he had attended and the second time for him to express his opinion. He :spoke in support of the Chinese Communi#y Center located. at 3065 Middlefield Road. He loved •Pal& Alta ar►d had lived in the City for 25 years. The City had more than 80 churches and many libaries, and a definite cultural background of a high caliber. He visited Honolulu in 1978, and the paradise of Hawaii Was beautiful, but he was homesick after seven days. He concluded that Honolulu had everything except serious culture. The Chinese Community Center was a grassroots social association for Chinese, but did not exclude non -Chinese members. It moved into the .building seven years ago, promoted activities for the young, adults and senior Chinese, ,which included regular senior luncheons, festival gatherings such as Thanksgiving, Christmas, New Year's, little Olympics, outing,, -picnics, folk dances, rum- mage sales, etc., and was the heart of Chinese activities in the community. The Chinese Reading Room was estabiished in January, 1982, and had books in both Chinese and English on the Chinese Culture which could be checked out without charge. Free language courses in Mandarin Were offered, and public lectures planned. It orterea counseling services to the public and it was a nonprofit organization looking forward to expanding into a permanent organi- zet i oo. The Stain i urd Ur fi r ing School took over some driver educa- tion from the schools. Classes in physical fitness were: given at the Center including judo, etc. The programs played an important role in the community, and he was surprised that the Council would consider forcing out the community organization, in the• building while approving the extension of the liquor store for many more years. He concluded that the Palo Al to City Counci i favored a liquor store to encourage alcoholism --the number one enemy of the country --and twist the fate of the well deserved group such as the Chinese Community Center, which building should enjoy- existence with the same extension provided to the liquor store. It would be a serious matter for the Council to make a decision it might regret for life. Gloria Brown, 1766 Fulton Street, repreCented about 14,000 peti- tion signators who tried to save the threatened services and busi- nesses in the Midtown community. She took a private poll by phe- niny all signators, and after two hours of phoning, she reported that all respondents wanted the site to remain commercial if the veterinary clinic moved. The people wanted to keep the area as is. !n -1968, the property was rezoned because of a petition signed by 101 people in response to.a proposed car wash. Busi- nesses_on Loma Verde went or were going, and the peoples'• senti- ments were` reversed, Now, there was only one gas station, al- though two_ could be supported-. The Veterinary Clinic caused no problem but pr:; ided vital ..services to grateful pet owners. The services ha,d been there for decades . and were in the middle of a block anchored by'commercial businesses at both Inds. Commercial zoning made sense. Housing was neededy but• some consideration should be given to present residents who want to keep the services .and businesses they have. _,Midtown was the last neighborhood corn- arunity in Palo Alto, and she urged the Council to give it consid eration in the Fight of 1963. Charlene Renze owner of the Stanford ']riving . School at 3065 Middlefield Road, which took the overload of Drivers Education.- at Palo Alto high School-. She said._the Emergency ,Veterinary - Clinic was well known on the Peninsula. She referred to the speed limit. There -was --4 lot of traffic, but they did not adhere to the posted 25 mile per hour speed limit. If it, were` enforced, through -traffic would reroute. There was a vacant lot at. Middlefield/. 3 6 0 2 7/18/83 Colorado, which had become a used car lui.. It was vacant for many months before a "Private" sign was posted, and was an eyesore, as was the abandoned gas station. She received a notice about the meeting today, and State Farm Insurance Company in the same build- ing, hiud not received one. They were not kept sufficiently informed, and she needed a definite decision in about 4 week, as relocation was -very difficult. Grover Buhr,: 738 Colorado Aveiue, said it was nice to have neighs° borhood services within walking distance. Businesses were being chipped away and most locals had very little - say. They all wanted the businesses to stay, and he requested that the neighborhood be rezoned. Mayor Bechtel clarified that the vacant parcel on Middlefield/ Colorado was closed by the owner, and the City contacted the own- ers when it found the area being used as a car mart to have it posted because it was an eyesore. She confirmed that the only parcels under the amortization were the former Shell station, the Veterinary Clinic, and the Chinese Community Center. Kate Cole, 3064 Middlefield (toad, had - lived there for about eight years. She echoed Grover Buhr's remarks, and hoped the Council was listening to them. She worked in child care, and was not rich. She felt she deserved an Emergency Vet Clinic that was easily attainable. The needs of the community were met at, pres- ent. The mailing did not get out eroner1v. and so the Council Chambers had not been packed, as they could be if it were neces- sary to impress the Council with the area.'s feeling. They did not need more people in the area but did need the .service. Chuck Thompson, 30115 Middlefield Road, owner of Chuck Thompson's Swim and Tennis Club spoke on safety, traffic, and general appearance of the area adjacent to the Shell Station which might be rezoned. His address was not a correct description of his property, ancL he showed a transparency reflecting it. On the left-hand side was Middlefield and his property adjoined the Chinese Community Center, the Vinter Club, went all the way to the creek and surrounded the Arco station. He had put in his own driveway, but spoke of the danger, difficulty and ugliness of the e per oath e i e as to his business through the two - service stations. The_Council had always backed recreation facilities, and he undete stood the YMCA was willing to help make the area more successful. He hoped the Council would not force people entering the recrea- tion area to go through -two gas stations. Bob Moss, 4310 Orme, spoke in favor of the Planning Commission recommendation on the properties on Middlefield. He found the staff report discussing pitfalls covered the problems. The CN zone'would not yuarantee the continuation of the present use of the properties. The owners could if they wished then build offices. This would create 450 jobs requiring 300 housing units, a loss of 32'housing units, and.a net increase in the job/housing imbalance. The requirements are the same as In 196E --to replace commercial developments with housing. Some. properties have been zonede;residential since -1967. The amortization had been going on since 1968 and should be phased vita The Shell Station has been abandoned. The Fire Department mentioned the dndergrwund tank was old and would,_ require siyn1fi.c:ant work. ,4o oil company would_ :invest in it for only. a few years. The gas ` tations were clbse to the creeK, so'toi l could find its- wary .to the Bay. , ..The existing, zoning on the." -sites allowed redevelopment etany time; for housing. There was no need for properties - bei ngevacdnt _and left to- moulder. property was far too -valuable tci have .amortized land lacy failow. He supported the P1 ,nning Co;eaiission's recommendation not to rezone, and if, there= was any amortization extension it should be only,enough to allow relocation. It;k L. Colltnson, _2461 El Camino Real We ,t, Mountain iliew, was glad of this new opportunity offered to the,; Emergency _.veterinary Clinic. 3 6 0 3 7/18/83 and that amortization might he extended or a CN zoning allowed. He spoke of the C inic's unsuccessful efforts to find a new loca- tion. The parcel in:question had been used for animal care for 20 years ano was the site of the Veterinary _Emergency_ Clinic for eight years. He knew of no complaint about it. He asked for a CN zoning or permission to continue during amortization. Several hundred people had signed a petition requesting that the emergency clinic remain. It represented space for three condominiums only. He asked if the needs of the community were best served by housing these few or by a clinic where 40 percent of the clients were Palo Alto residents. The Council had -a fine opportunity to meet Com munity needs, and he asked tI'e Council to take into consideration current medical opinion concerning human/companion animal bonds. Barbara De Caro, 164 Heather, often drove past the area and found it very appropriate. She asked why the Council blindly followed a zoning decision made 15 years ago. She spoke as an officer of the Palo Alto Humane Society. The Vet Clinic was unique and very important to many. She was very impressed by -the neighborhood support, and asked the Council to consider the demands for addi- tional services and businesses potential multiple housing would bring. Dale Yee, 470 Anton Court, believed in neighborhood shopping centers, and that proximity and easy access were key words. He and his wife cofounded the Chinese Community Center, and he sup- ported. Gloria Brown as a selfless, dedicated person. Robert Uebs, 3145 Flowers Lane, asked that no extension of the aiiuvu i cat i uir ur re vii i uy be allowed. He had lived in Palo Alto for 27 years, very much appreciated the Clin“c, but believed it was time the area became residential. The area was incorre►.tiy labeled "Midtown" because "Midtown" was in the Middlefield/ Colorado area. If the area were rezoned, it would be subject to creeping commercialism, and turn into a second El Cimino Real. Businesses were not bung chipped away --they were nonconforming in the first place. The situation since 1968 had not changed --the plan was brought up to.date, and areas on Middlefield south of the creek, should become residential. eHe spoke of the possible in- crease in traffic if the area became commercial. The petition was simplistic, it said only that signators wanted to keep the busi- nesses there, but_ did not address the problem of City planning. He understood why the businesses and the Center wanted to stay, but the Jewish Community Center found another place and so could the Chinese Center, if necessary. Postponement would cause more problems. • He referred to the July 15 letter concerning ordi- nanees, and asked for clarification. Mayor Bechtel explained those ordinances were an option only. Beatrtc Labianca,:1721 Banff Drive, said her father purchased the land or which the Veterinary Clinic was located in 1937. At that time there were very few cars, but life had changed very much, especially in the last 15 years, The price of gas could 'affect the distance one could go for emergency pet care, and the 2,000 persons wto signed the petition should be convincing. Since' the adoption of the Comprehensive Plan of 15 years ago, Middlefield Road was widened, the number of cars quadrupled, and the price_ of gasoline soared. !leighborhood businesses were vital, and she did not believe. key businesses should be forced out of the _City. Closing businesses caused uninhabited land --the Arco Station would not be amortized until 1992, and she asked what could be done with. her property until then, Blind a5dherence _ta -an unequal amorti za- tion schedule and an outdated zoning ordinance was _nonproductive, and she requested that the business and cultural s rvices in the Midtown_. area not be :curtailed. Those businesses flourished because they were needed, as was recognized when the liquor -store was allowed to stay. The Emergency Clinic was an k1mportant com- modity for Palo Alto residents and pets in need of care. She sub- mitted 300 additional signatures to the City Council. 3-6 0 4 7/18/83 Mayor Bechtel declared the public i'eeeiriy closed. She asked staff to specify what could be built on the parcels i f the zoning ware chanyed to CN, and if any other parcel in the Midtown area was affected by the amortization on Middlefield Road. Zoning Administrator Bob Brown clartfied that only 3011, 3045, and 3056`Middlefield Road; and the Ballet Arts Center further down on Middlefield, were subject to amortization on November 21, 1991, A CN zone would allow the Shell Station at 3011 Middlefi;,eld to be developed to a maximum of 14,000 square feet for a widia range of use including retail, office use, or automotive service station. Mayor Bechtel asked if the height limit was 35 feet. Mr. Brown said that the height limit for cnmmercial development was 25 feet, and for mixed residential and commercial uses, the height limit_ was 35 feet. The Veterinary Clinic property at 3045 Middlefield could be developed to a maximum of 8,000 square feet, and 3065 Middlefield could 'be developed to 53,600 square feet of commercial development. He explained that the Chinese Community Center and Chinese Reading Room were not nonconforming and not subject to amortization, but could remain on the property. Councilmember Fletcher said the Planning Commission recommended that there be no change and that the multi -family designation be retained. She pointed out that no grocery or hardware stores were being amortized, and: that the Council expressed support of tile veterinary clinic by urging them to apply for a special zone on a Page Mill Road site they liked. At that time, the Clinic was disinterested in refflaininy at its present loca "on, but since chanyed its mind. She asked staff if the Clinic still had the option to come in for a PC request at its present site if the Council did nothing about zoning tonight. Mr. Brown responded that the Clinic still had that option as long as action were taken quickly. If the Council chose to not endorse any of; the options presented, or the recombined amortization dis- trict, the City would seek enforcement of the termination date soon. If the applicant expressed its intent to apply for a PC district, staff would delay termination. Councilmember Fletcher encouraged that the Clinic make the appli- cation for a PC because there was tremendous support for the Veterinary Clinic, and its retention woul'i benefit the community. NOTION: Councilmember- Fletcher : moved, seconded by 1' Renzel , to uphold the Planning Commission recommendation of no Comprehensive Plan Land Use Nap change from Multiple Fami'y Residential to Neighborhood Comarercial and -zone change from RM-2 to Ch ror the properties located at 3011, 3045, and 3065 Middlefield Road and no Zone Change from RM-2 to RN -2(N) (Special , :Nonconfora;tng Use Amortization District). Vice Mayor Witherspoon preferred to keep the cornmercia': area along Middlefield lei the Midtown area, did not want to see a strip con __tinuation of it, and did not favor rezoning to- CN. She noted on page 11 of the staff report that even if the amortization district. were continued, preservation of the existing uses or operators c.\ould not De assured, -because the. district. would allow continued nonconforming use of those properties, but: would permit a change in Use,' If the Council continued the amortization, ether under. the existing oroptional proposal, in the .case of the Veterinary Clinic, there was nothing to preclude their moving next year to another site if they located -one which was more financially feas- ibie -She believed Councilmember Fletcher's suggestion that the Clinic seriously .consider coming in: -for a PC was probably. -the most practical soiutiov.for everyone concerned. The She'1 station was gone, and the operator would not 1 ikeiy return. She understood that the Chinese: CoMnmunitfCenter could stay- as. an,antiliary use in .conj.nctlon with the properties_ being phased out. She would support the motion. 3 6.0 5 7 /18/83 Councilmember Klein believed that the review of 1968 zoning in the area was appropriate because a lot of things nod changed since that time. The term "zoning" was not something by which the City told business people that they could put in a particular type of business --that was not controlled by the City. Zoning was a means for government to prevent certain things from happening. The free enterprise system was not precluded, and most of the City's zoning allowed the landowners a great deal of discretion. The City could not tell a service station operator to stay in business --it only told where service stations were allowed to be. The City had nothing to do with.a station going out of business --if someone wanted to reoccupy the Shell Stat;on, it was up to private enter- prise, as- it should be. The CN designation was for areas like Middlefield and meant "neighborhood commercial zoning, and was designed for small offices, businesses and stores. When a prop- erty was zoned CN, it meant the landowner could put a variety of different things there. Mr. Brown had briefly outlined some of the uses of the zone. The CN zone allowed a variety of uses, all of which could be vastly greater than the ones currently there. No city could mandate that a business remain, and Mrs. LaBianca could not be mandated to continue her lease with the Veterinary Clinic. If she, her heirs or anyone else decided after leasing to the Veterinary Clinic for a year or two, that it was in her best interests under the CN zone to put in a more dense development than the Veterinary Clinic, and if that zoning were granted, the City had no power to prevent it, which was why these people who dealt with the CN zone on a day to day basis believed it was inappropriate. The alternative Planned Community (PC) zone was a iprc,iai cuufe gar d particular piece of property when the landowner had a particular plan which did not meet any of the City's partic- ular zones, - landowner or when a ,an�,owricr wanted something special from the City. Once a landowner applied for a PC, the City could act on it. The PC became a contract between the City and the landowner wherein the City specified a specific land use much more closely than it could under anything else. Councilmember Klein said he agreed with C000cilmember Fletcher's suggestion to the Veterinary Clinic and landowner to apply for a PC, and make a contract with the City and its citizens that the land would only be used for the veterinary clinic and nothing else. The City could not force someone to apply for a PC, but urged people to do so if that was the desire in the community. He hoped Mrs. LaBianca would apply for a PC because then the City could achieve the goals of the Council and the neighborhood. He believed the petitions_which were circ'-lated were somewhat mis- leading because several Counci members mentioned that the issue was not stores. They were talking about two gasoline stations, the Chinese Cultural Center, and the Veterinary Clinic. No one on the Council talked about phasing out stores along Middlefield. The issue was what to do with the Veterinary Clinic, which was a useful community service, and one which should. be preserved in Palo Alto. He did not believe the Arco site would go anywhere until 1991, there were other gas stations in town and he could not regard that site as crucial. The Chinese Community Center could be used for that purpose, but he believed it was inappropriate for it to be used for some of its; other uses. He supported the motion to uphold the Planning Commission recommendations, but st ongly urged Mrs. LaBianca and the veterinary clinic to make a PC appli- catiun to carve out the site for the particular use, and for the City to have the necessary controls to ensure its use as a Veter- inary Clinic only. Councilmember Cobb opposed .the motion because he believed. the Council- should be trying to Bet those properties, excluding the Chinese Community Center, on a common amortization schedule, the ultimate results of which would be a better~ development. He was concerned that everytime a piece of _,land be4,me available in Palo Alto,. the City rushed to put up condominiums. a lot of which would be built in the next few years. All of that high density develop- ment would not solve the jobs/housing imbalance. The Mayfield Mall change .would result in thousands of jobs. The City lost ground every day in the jobs/housing imbalance, and it appeared to 7/1.8/81 be an ill-jsive target the City would never reach. He was con- cerned that by putting 1n more density, traffic, people at every opportunity , and by speeding up the process, the City would do some long range damage that would only be seen in its cumulative effect. He hoped the Council would be more cautious with 'condomania" because the damage it causod 1r the long-term, the City would regret. He believed the properties should be on a common amortization so that the Arco Station, the previous Shell Station, the current Chuck Thompson property, the LaBianca property, and the Winter Club property could all come together at the same time so that whatever happened would be reasonable and tie together. He wanted to see the Veterinary Clinic stay, but also wanted the current recreational uses to remain. He pointed out that they were conforming uses, but the problem was not their lack of conformity --it was economics. The Shell :station would_ support something like three to six condominiums --the owner of the property owned all but the Arco Station, and he could not believe they wanted to put in three to six condominiums when they could ta►ce the entire Winter Club property- .arid develop the whole thing at once. By not making a common amortization, he believed the City was sealing the doom of the efforts already expended in trying to preserve skating. . There was talk in the community that with the YMCA's interest- in the Winter Club and the whole property, perhaps someday the City could wind up with the YMCA on the property, which would provide a gym, swimming pool, tennis courts, and skating on a street with good transportation and a central location. Everyone would enjoy that and by comparison, the ctlrrpnt t'V' tits, on Re-- ! cod .......t d b_ - - - - -. ........ ......., .,v�,a i at va a �JCf i Cl.l. location for housing. That process could not happen unless the Council provided the time. If the Council rut it off before it had a chance to develop, he was afraid it would never have a chance to happen. He supported putting the properties on a Lommon amortization to get a little time for the foregoing to occur so that the opportunity cost of the City's $25,000 had a chance to develop. Nothing would be lost by taking that action now, at worst the condominiums would be delayed a few years. He realized his vote was in the minority, but hoped the Council might reconsider putting the properties on a common basis to try and do something creative with a very special piece of property. Mayor Bechtel did not agree that by upholding the Planning Commis- sion recommendation, the Council was precluding any opportunities for recreational facilities on the property behind. She believed that could go independently and would still go forward. The' par- cels under consideration were.. a gas station, and Mr. Moss well explained that she City's hazardous materials ordinance would require some extensive checking of -the underground tank to ascer- tain its. safety, and that the likE�lihood of its reopening was slim. Staff pointed out that certain uses at the Chinese Commun- ity Center could continue, and it would be up to the owner about whether to keep the building status quo. As pointed out by Counci lmerrtber Klein, the Emergenty Veterinary Clinic had - the option of making a PC application in coordination with the owner of the property, Mrs. LaBianca, to try and see if the -parcel could stay. She agreed that the -City needed to preserve "Midtown," but "Midtown" .was 'on the other side of the Creek from the area under consideration. Councilmember Eyerly said the economic values of property had changed dramatically in Palo Alto and it way difficult for certain businesses to find locations that could support the ground value and rents. The, proposed CM zone was not a viable suggestion, and he supported Councilmernber Cobb's comments that a common amortiza- tion for the three properties should be reviewed by the Planning Commission since it would allow for development in that area along Middlefield when the amortization ran out in 1991. Chuck Thompson had pointed out the difficulties with the traffic flow to the back of those properties, and, the smaller properties that faced on Middlefield were developed individually, and he believed the development would be as good as any that would occur if the amor- tization ran out all at one time. He pointed out that the motion As Corrected 11/14/83 would undoubtedly preserve the Veterinary Clinic and allow it to remain without having to apply for a PC for the period of time recommended as an extension. SUBSTITUTE MOTION: Councilmember Eyerly moved. seconded by fobb, referral of the utter of an amortization district for the propertieg__e.t 2995,-3011 :and 3046 -Middlefield to the Planning Commission. Councilmember Menzel concurred with the majority of her colleagues who did not support a rezoning of the area. since it could dras- tically 'charrye the experience of everyone in the area and not be what the "ople wanted. She pointed out that while the initial reasons for the rezoning *lilt have changed _over time, the basic rezoning decision was evaluated a number of times iii the lust 15 years and consisteni;ly upheld. While everyone realized the City could not completely solve its jobs/housing imbalance, it did not want to do anything to make it worse by changing a residential zoning to nonresidential. S'ae opposed the amortization extension because land use decisions were always difficult to make --they went through lengthy processes and were usually compromised many times --and once those decisions were made, there was an amortiza- tion period to cushion the blow and permit the owners to "use up their investment," and still have the residual value of the new zoning. She believed that if each subsequent Council to a rezon- ing reversed amortizations wills-nilly, the City would find nn nnp taking any of its land use decisions seriously. It was important to hold fast to land use decisions consistently reiterated in various zoning and Comprehensive Plan reviews in order to deter people from ignoring or not taking seriously the City's intent to amortize the uses. It was pointed out that residential redevelop- ment did not have to wait --the property owners could negotiate and do whatever they wished a any time, and as ooinced out by Councilrnemaer Eyerly, land values were such that - it was li!eely to occur. She joined with the nip jor i ty of her colleagues who upheld the Planning Commission recommendation. Councilmember Levy thanked Councilmember Klein and others for clarifying the issue. He believed that rezoning to Neighborhood Commercial was improper because it would not just deal with the properties as they presently existed, but would offer substantial economic incentives to provide more density, taller buildings and more intense uses. He saw the ci`ioi;ces as being to now conclude the amortization which had been in existence for 15 years and allow it to run its course, or extend that amortization for another ten years to conform the amortization of the Arco Station. The decisions were always messy when attempting to transfer from one kind of use to another. He concurred with Councilmember Fletcher that the Emergency Veterinary Clinic was the problem because it was proper as a s?ecial use, -and he would welcome the - opportunity to ,.safeguard the use as the subject of a special planned community zone. Countilmember Cobb had suggested that the City buy time and allow the present. status quo -and transitional period to: be delayed for another ten years in the hopes .that the additional. properties --not currently in question would be developed in some cohesive way to maintain the recreational uses, while allowing the • de- elo.er some incentive to develop iaround those uses. He believed that suggestion was illusory, those properties could be developed now i.f the owner wished and it could be done cohesively. The economicincentives:were su h that if the Council allowed :things to go. for ten years-, it world -not see any substan- tial improvement or change for. the better. He believed the answer was to encourage a special zone for the Veterinary Emergency hos- p itar l , to allow the Chinese Cultural Center to remain'. and to con- tinue the current amortization` for, the -other properties. Councilmember Cobb clarified -that the 'actual '. ime period was eight and _one-half years rather than ten. A number of people indicated that -the Chinese Community Center could continue as a conforming use -„ but he could not believe that structure could become a 3 6 0 8 7/18/83 residential use and leave a hole for the conforming. uses. The structure would probably cone down and force them out just because it was the wrong structure feir a residential use. He clarified his earlier comments that the Shell Station property by itself was too small a parcel to,_be attractive for development now, but some- thing had to be done soon, and the owner of it all except the Arco Station would be encouraged to go after the Winter Club property and. have a big enough piece of property fur the development of a decent condominium project. If the kind of special solution he attempted to describe before did not pass, the worst to happen in the ong.run would be that the rest of the property would also be turned into condominiums. He would not support a CN zone --and wanted time to do something special with the property. He did not know whether it would happen, but wanted to see the City try for it. Mayor Bechtel asked what was allowed under the RM-2 zone. Mr. Brown said residential was the primary use for the property. Community centers were allowed on the piece of property currently occupied by the Chinese Community Center with a use permit either independently or in conjunction with a residential development. SUBSTITUTE MOTION FAILED by a vote of 2-6, Eyerly and Cobb vot- ing "aye," Fazzino absent. MAIN MOTION PASSED by a vote of 6-2, Eyerly and -Cobb voting "no," Fazzino absent. CUt,N' it ReuESStu TO EXECUTIVE SESSION RE PERSONNEL FROM 9:20 .m. IT£M S -i3 l;'EAMNING COMMISSION RECOMMENDATION RE NO COMPREHENSIVE J C R r L f Planning Commission Chairperson Jean McCown said extensive testi- mony was provided at two separate hearing;; in support of the specific school and program that presently existed at 3825 Middlefield Road. Further, strong opposition was expressed by many immediate neighbors who relied on the anticipated change to the zoning that was made over 15 years ago. Because of the strong public testimony in support of the particular school, the Commis- sion continued the item for a second hearing to try and examine the possible change in the definition. of conditional uses under R-1 zones that might permit such a dance school to continue.. After staff returned with that information, the Commission con- cluded unanimously .that possible change in definition was not the appropriate way to deal with the situation basically because such a change would -not address the basic policy question of the long term land use planning for the property. Commissiomer Wheeler had specifically pointed out that it had to be distinguished from the understandable. needs and hopes of particular tenant. The City was not in the position to guarantee that the -particular- tenant would continue .a:s,•. -3 user of the Site even if_ changes were made permitting that to happen. At a result, the Commission recom- mended, consistent with that of the previous item, that no changes De ma -lei -either to _.the Comprehensive Plan Land Use Map, zoning or the zoning ordinance text to permit the continuation --of the use. Cou'ncilmember Cobb asked what kinds of conforming uses could .go into the quanset but on that -site.- Mr. Brown responded that under the existing R-1 zone; permitted uses would include single family use and residential :are homes. Conditional uses with a use permit would include ghurches, religi- our institutions, community center, day care centers, outdoor recreation services, private education facilities, temporary uses, and utility facilities. 3 6 0 9 7/18/83 Cuurici liiiember Cobb said that when the property owner's represpnta-- tive Spoke, he would appreciate comments about what was planned for the property other than the Ballet Arts Center and whether the quanset hut was likely to stay no matter what action was taken by the Council. Mr. Brown pointed out that any of the conditional uses would require a use permit that could be conditioned. Councilmember Eyerly cald Mr. Brown's memo of June 24 spoke to conditional uses in -an R -I zone, and indicated that if there was to be a conditional use permit available, it should be made avail- able to everyone. He understood the zoning ordinances to read that a single conditional use permit could be issued if it was not detrimental or injurious to the property or improvements in the area and that the conditions of the use permit could be spelled out to specify the number of lessons, the way the building might have to be fixed, and possibly even the length of time the use permit could run. He asked the City Attorney for clarification. City Attorney Diane Lee said Councilmember Eyerly accurately stated the provisions of the Palo Alto Municipal Code in terms of conditional use permits. Mayor Bechtel declared the public hearing open. Ms. Taketa, represented the Ballet Arts Center and the property °wrier. , She complimented Bui iiru1ffr, who wd5 d iwdys hard working and dedicated, and clarified that if anything was said in aey of her reports to indicate anything to the contrary, it was not intended. He served the Palo Alto City Council well. She had received letters from Ms. Penelope Lagos Johnson, owner of a dance studio in San Francisco who was being forced to move because of the problems with running an economic dance studio; Mr. James .'enrod, Chairman of Dance at the University of California Irvine, who supported the concept of classifying professional dance -schools as educational facilities and treating them as such; and a verbal note of support from Ms. Gloria Maher Buslick, the director of International Ballet School In Campbell, a teacher of nine_ years on _the staff of the West Valley College, and a former solo- ist dancer with George Ballentine's Mew York City Ballet, which were not received in time to copy for the Council. Ms. Buslick was informed of the problems with Ms. Affleck's school and sent her wholehearted support for the concept of reclassifying- the school to educational facilities. A mailgram was received from Jean Gordon, publisher of Dance Magazine, .which was contained in the libraries, and locatede="hew York City, who reaffirmed the concept that dance schools were educationel and supported the efforts- to have them reclassified. If the Ballet Arts Center had to move, it would incur the same` problems in terms of expense as the other studio owners. It was expensive' to put in wooden floors, which started at $10,000 for the cheapees and went up from there. The mirrors, bars and changing facil;.,ties were expensive and the rents were horrendous.. A. full scale dance school such as the Baiiet Arts Center would_requiee at least 18,000 Square feet to -have rooms —Of —the sizes needed, and would •cost from $1,000 -to 2,UUU per month rent. If the Ballet Arts Center moved to a corn-, mercial site in Palo. Alto, the neighborhood would be impacted because it noA served up to 60 percent of the students from within a: -fairly small radius of .5 miles. The vocation -.was in a fairly convenient nei-ghborhood area, and a full scale school in commer- cial areas would be inconvenient and more expensive because of the more expensive -carts. -- -Fewer - people i n the lower income .ranges" .could afford the-kl.nd uf dance education they would like for them- selves or their children: I f the school had-- to,, move to another city:or close. its doors entirety, the students would lose a" cen- trally located school for thei selhes or .lase the school entirely. Ms. Taketa said dance schools were not like apples - and orange's -- they were not interchangeable --different schools served different people and had different programs, -'There There were several -dance 3 6 1 0 7/18/83- scnools in Palo Alto, but a number of them took mainly adults, advanced adults, and teenagers. The young children were riot even taken. Others concentrated on younger children and did not have full courses for the beginning and advanced adults. There were different auras to -the schools --dancers sometimes went miles to find the school they wanted for the type of technique and instruc- tion they were looking for. The Ballet Arts Center was' proven to be d credit to the community. Lorna Aff l eck he ee the only dance demonstrations An the Palo Alto .High Schools, the Senior Centers, served on committees,, and was a credit to the community. She believed there was a real need to encourage that type of community oriented, neighborhood oriented professional dance school which seemed to serve its constituency well. She hoped there was a way of allowing 't to remain and a way to encourage other high caliber schools to move into Palo Alto and serve other areas as well as the Ballet Arts Center. ;he building itself was an issue, and the owner was willing to face lift it as much as possible, within the confines of not having the rent go out of sight so the Ballet Arts Center would have to move anyway. Phillip Ritter, 3618 Bryant, said it appeared from articles in the Palo Alto Weekly that Mr. Bob Brown was negative toward the school, and -that the "buck" was passed to him to take a stand. He believed a zoning law which could not distinguish between service stations_ linunr c llrac- And hnl1n+ cr.h::c1: h� fl - .._ �-.. ,.. ..��.s might i�e�.ai �viiic i iii2 _tuning, because a ballet school was an educational endeavor that did not belong in the same category. One of his daughters went to a• Montessori School and one went to ballet school and he saw both things as being similar. Mr. Brown had estimated that 90 percent of the ballet students arrived and left in cars and would generate 520 auto trips per week. His daughter's class had only five students, three of which walked or rode their bikes. He suspected a more accurate figure would be that closer to 50 percent of the students walked or rode their bikes including his deughter, and even if there were up to 300 trips per week on a block with a library, Little .League park, church, and several day care cen- ters, he did not think it made much difference in the overall con- gestion. Ile believed the letters expressing opposition to the building had influence on the City Council and Planning Commis- sion. Une argument was that other businesses had to move, so the City had to be fair and make the Ballet Arts Center move too. He submitted tha : ;.here was a difference between an auto repair shop and a photo center on one hand and a ballet school on another. Another argument was that the school was not aesthetically pleas- ing and some Of the neighbors would rather see a new single family home to make the area look a little nicer and improve their prop- erty values. it was pointed out that the structure could remain as a day care center and as such have no improvement. He believed the Planning Commission was correct that -the structure`was not the issue, but whether a ballet school could rema i n in an R-1 zone. He urged that the Ballet Arts Center -- be permissible in an R-1 zone. He hoped. Palo Alto had not become so big and bureaucratic as to redefine the rules to a point where the individuals involved were forgotten. eHe believed the Council siould be able to make the choices it desired, pass laws, and change zoning to help the neighbors retain their. character. The ballet school belonged in the neighborhood Just AS the churches and library. Marisa Ritter, 3618 Bryant, said she had attended the Ballet Arts Center for about six years. She either walked or rode her bi!e tti the school, had learned a .lot, and_met a Tot of new friends. She hoped the schc;ol stayed open and -knew :if a lot of people who would bo saddene.dif it closed. Jackie Koo. 36982 Beaver Lane, had danced at the Ballet Arts School for several yearf, and learned a' lot. She hoped others could learn to dance, there too. Cherie Kimler, 2280 Latham Street, Mountain View, had been a teacher at the Ballet Arts -Center for three years. She referred 3 6 1 1 7/18/8: 1 1 1 to ms. Taketa's letter of July 1t, which pointed out that the building did not have to come down and that the owners were will- iny to uplift the building it order to blend more gracefully into the neighborhood. She did not believe the school adversely. impacted the neighborhood in terms of traffic or noise. It had been there for nine years and never received any complaints. They were not asking to start an operation, but rather to maintain one which she believed greatly contributed to the neighborhood and entire community. ,The arts suffered tremendously in the cutbacks all over the cour�i'try, and help was needed to maintain them at their current level. Rents were high and the school was being squeezed out for which she urged Council consideration. The arts were: extremely important, and if not helped at the Ballet Arts Center level, where would it stop. Leslie white, 650 Boyce Avenue, had been a student at Ballet Arts Center for five years and danced at a number of other studios in the area. By far, Ballet Arts Center provided the best education possible for nonprofessional dancers. The classes were indi- vidual, the teachers were top notch, the atmosphere was encour- aging and not competitive. Ballet schools were not high budget operations, and if the Center was forced to move, it would pro- bably have to move to an industrial area because that was where one could get the most square footage for the least amount. She of cyc. i eu to the school and 1 f the Center had .0 iiuvve ur' 1 tine 1 I.S doors, she_ would be forced to take classes in San Francisco. That not only had the effect of taking revenue from Palo Alto in terms of tuition, it meant she did not spend money at the outfitting stores in Palo_ Alto. Two condominium units would not broaden children's horizons in the arts or perform for the senior citi- zens. Trudy Ouisenberg, 1010 Emerson, President of Council for the Arts of Palo Alto and Mid -Peninsula (CAPA), represented the CAPA Board in support of the Affleck's and the ongoing existence of the Ballet Arts Center on Middlefield Road. Over the past few years, the CAPA board was approached many times in person and in writing with the extreme problem of rehearsal and performance space in Palo Alto--especiaz ly dance floors. The school focused on youth education, and because CAPA also managed the successful box office, their arts were thriving in Palo Alto. Every theatre group had successful runs and increased performances. The addi- tion of the Stanford Theatre pointed to the tact that people found it nice to stay in town on -Weekends and not hove to drive into San Francisco for performances. They appreciated the City's support of the arts and 'art education _to the maximum, but the -City must go bey.od its own facilities. She had seen people at the Cultural Center be turned down for a one-half hour shot on the rehearsal floor because it was the best one for dancers in the Mid- peninsula. The CAPA Board believed that as Palo Alto accelerated toward oecominy a city of high-rise condominiums and office space. It was nice to live in a commercially successful city, and one reason people paid $100,000 for candomi ni ums and townhomes in Polo Alto was the fine' arts and the fact that it had One of the most. visually attractive cities and active fine -arts vn the peninsula. 1 n .order, for that to be maintained, the CAPA board urged Council support of the Ballet Arts Center. Jo &ii l beet, 160 Kellogg, had lived in Pa 1 c ..Alto for 16 years, and was a 20 year folk dancer and ballet student, etc., She found the Ballet Arts Center to be one of the best< schools she ever attend- ed. With the advantay, of having a well rounded program was an ambiance in the location that could not be matched by anything locally. She was a probabation officer, and one thing she found ,with the people she dealt with was that they had no sense of_ any kind of spiritual or feelings or interest. That was void in their lives, and beyond drinking beer or wine and -watching the football games, there was no artistic interest, endeavor, know- ledge or anything that touched them. With a lot of,,those things being programmed out of the school system and generally available 3 b 1 2 1-/18/83 because or limited budgeting, she believed it behooved any governs ment agency to be as supportive as possible with any artistic endeavors being privately presented, and within. the means of the Citizenry. That void needed to be .fil_led, and it upset her that the people she dealt with professionally lacked in anything but street life. She urged that Council consider allowing the school to remain --it was a very worthwhile enterprise. Cilia Bach, 715 Ensign Way, said when she bought her home from Mr. Suddjian, he encouraged them to check with the City about its plans for the quanset huts behind the property. He wanted to make it a contingency of sale, but the Ciiy assured that those build- ings were to be vacated in the Spring of 1983. She urged the Council to consider the Planning Commission recommendation to not change the zuni ntl. Councilsnember Cobb asked about Ms. Bach's specific objection. Ms. Bach said she believed it was because quanset huts were so ugly. Steve Suddjian, 703 Ensign Way, hid been a Palo Alto resident for 25 years, and his property was adjacent to Adobe Creek and the qua,nset hut. He agreed with the staff recommendaton to follow the Comprehensive Plan Land OOSP .dpcinnatinn for cir?nlo family. redde__ teal. Mayor Porter approved a study to amortize the property fif- teen years ago, and he disagree. with the proposed modification to the zoning ordinance text to allow a commercially operated dance studio as a conait Tonal use in an R-1 district. - He conducted an unofficial survey by going through the Yellow Pages of the Palo Alto phone book, And found 50 dance schools --21 of which were in Menlo Park, Mountain View, Los Altos, and Palo Alto. There seemed to be an ample supply to meet the needs, and according to the staff report of June 10, the majority of students resided outside the immediate neighborhood, 41 percent were more than 2.5 miles away from the school. The parking was inadequate as evidenced by photographs he presented to the Councilmembers. The pictures showed automobiles parked in a vacant lot next door, which could be a single family home, and parked in the red zone along Middlefield- Road . The neighborhood accepted the amortization schedule for 3833 Middlefield Road, adjacent to the ballet schools and formerly known as Manchester Garage, in good faith because it was assumed that in 1983 a garage would no longer be a permitted u se at the location and that the property could only be converted back to a. residential lot. Each owner of the nearby properties along Ensign Way were advised to check with the City Planning Department or Building inspection, to determine the status of those quanset huts: The Council realized -that a crisis existed in a city with 24,000 to 25,000 homes and_ about five times as many jobs. The°;crisis was housing, not ballet dancing, and he strongly u rged that 'no zoning changes be made to existing ordinances that. would accommodate a commercial vesture to benefit a few. Further, the precedent established With the property might be enjoyed by other_ K-1 properties in other party of the City,- and he.questioned 'now long the City could be assured that the nigh'quality ballet school .would remain at the site. He urged the Council to_ sipport the Planning Commission recommendation. Councilmember Eyerly asked how many of the dance. studio -s in the Yellow Pages -Were in Palo Alto. Mr. Suddjia.n said he did not have it broken down- by- city, but that at least two or threeYswere- in Palo Alto, out of 12, -in the imme- diate area. Counci lraember Cobb _asked Mr. Suddjian letter... comment on Ms. Ta k eta' s Mr. Suddjian, said WO had not reviewed the letter. 3 6 1 3 7/18/83 Councilmember Cobb said he -was concerned about a comment made in rs. Taketa's letter that "it is highly__doubtful that Mr. Suddjian in effect was ever informed by a City offttial that the euariset buildings had to be removed...we suggest that _if the Ensign Way residents understood that the quanset huts would be demolished., Mr. Suddjian himself might be the person responsible for that bit of misinformation." He asked if there was a clearly defined understa-idi ng about the removal -e f the quanset huts other than that implied by the amortization. Mr. Suddjian said no, but he was told they would not be there after 1b years or 1983. Lorna Alffeck, 3830 May Court, was founder of the Ballet Arts_ Center, a neighbor, and citizen of Palo Alto, She did not believe the Council -had a feel for what was happening and what the Ballet Arts Center was about. She was born and raised in Palo Alto, and came from an educationally oriented family --her grandfather was. President of Stanford for 27 years and her mother served on the Palo Alto School Board. When she expressed a desire to dance, it was necessary -for her mother to drive her to San Carlos to study ballet. When slfe first started to teach, she only taught a few neighborhood children, and found a floor on her own block to rent. The school seemed to be desired by many, and she now realized that Palo Ai o needed he school, a ro it was a matter or _wnetner she wanted to make the commitment. It was a low profit organization, but the goal was educational and to make people feel better about themselves. She did programs for some of the churches in the area; and many for senior citizens. Sha knew of only a few people who felt negatively about the Center, and most had expressed no objections. She believed that more noise was generated from a nearby resident with a teenage band that rehearsed sometimes for several hours in the day. The band was accomplishing something good, and as a neighbor she supported it, and did not complain. The City hod a goad thong in Palo „;;n and a way should be found t !et t.hp ri.�' ! of A _ _ _ .- of L� l.Nflf `i f e1Ral n • Councilmember Fletcher asked when the school started. Mrs. Affleck said she began teaching about 13 years ago, but fun- ctioned in the Ballet Arts Center building for nine years. Councilmember Fletcher asked if she was aware that the use was nonconforming. Mr- Affleck said. es, and that she had loetked for other sites. A move would involve Such an expense w4th regard to floors, etc., that it changed the feeling for Her work. Glenn Aff l eck, JU3J May Court, commented that Councilmembe Klein Indicatet1 that the. City could not control,whe occupied the prem- ises, but could control who did not. ...He' presented a slide of the front of the Center which showed a bike rack and a view of the parking lot which had enough space for several cars. Another s l i tie of the field across the way where cars were parked was the site -of the old Manchester Garage. When the building was first demolished-, the ::owner of the property put up signs to indicate that parking was not allowed. He never saw anyone park in that area except on June `11', 14$3. when the Ballet Arts Center held a spring show for the children which was attended by their grand- parents and relatives. No situ's' were Posted in the lot, and the -peop#e d d not know, they were not supposed to park there. When the Manchester Garage stood, the Ballet Ars Center was screened because n_otning else. occurred -to change. the landscaping. Efforts to find- another location revealed that commercial space=:_would require. them'•,to -put in. a new floor, sole places had commn rest rooms which were unacceptable for the children and would require them to build new ones, anda lobby would be required. Relocation would be extremely difficult and risky. The multi -purpose room at Hoover -School_ required too aruch •work, and only offered a one year 3 6 1 4 7/18/83 lease, and many other schools were closing. The risks in moving could mean having to either take on more students or raise the tees. A petition asking that the Center be allowed to remain was signed by 2,700 people. He urged that the Center be allowed to remain because he did not believe it was incompa.;tible with an R-1 zone. Tance Johnson, 1b12 Lilac Lane, was the director of Dance Action -- a' bay area service organization for dance, a member of CAPA, and the Palo Alto Arts Club. She supported the Ballet Arts Center, and said the art of dance -was in need of support from the commun- ity, not in handouts, but in careful consideration due to its unique contributions. A major difficulty was to obtain.and keep adequate facilities. -, In San Francisco as well as across the country, arts councils and state councils were attempting to work together with the problem. The national consensus was that it was wiser and less costly to preserve established facilities _than to start from scratch with feasibility studies, extended piaiiiiing sessions, surveys and untested staff. The Ballet Arts Center was a member of Uance Action, and an active part of the peninsula dance scene for nine years. It initiated in -school theories and educational programs that served large numbers of community youth far beyond those attending regular classes at a studio. Because Dance Action considered the Ballet Arts Center to be such a signi- ticant community service organization, it provided funds for the distribution of dance scholarships which brought in small grants from NIA and the California Arts Council. There was a definite community need for its youth and adult programs which supplied recreational activities, and expert training for future profes- sionals. She believed that was most significant --the Center was not one-dimensional, but reached the whole community on all levels in education. The Ballet Arts Center was an outstanding community resourse, and Council support to keep the educational facility open would be appreciated. Leslie Getz, 330 Curtner Avenue, said without question, the Ballet Arts Center served a unique function because it was the only school in the Palo Alto area that was in a neighborhood. Many of its students came by bicycle or walked because the classes were reasonably priced, and it was not unique that one family might be able to afford to send several of its children to the classes. The tacility itself was exceptional --it had a, fine hard wood floor,`\. roorrriness, adequate parking facilities, and changing facilities-eand those were not easy to find in one location. If the school had to move to a commercial zone, it Would probably go under, and a special facility would be lost. It was a successful and ongoing operation since 1914, had over 200 students ranging in . ayes from about five years to adults, and had some students go on to professional level study and careers. She did not see how a community like Palo Alto, which prided itself in the arts, could afford to lose the unique -neighborhood facility. William ,H. Wheeler, 20 Bishop Lane, Menlo Park, said he was the janitor at the Ballet Arts Center, and his interest was in his job and the money he earned. Testimony from both sides indii:ated that there were 12 other schools in the immediate area, but `59 percent of the students at the Ballet Arts Center lived within walking distance, and if it closed, he wondered how many young students code?d yo to one of the other 12 schools. Testimony reflected that it__ was a valuable school, and even' if there were 'other .: ballet schools .in the area, there :was a need for the -Ballet Arts . Center ' f-ur-wiiat it had -to -offer. If it cl'oSed it would be lost forever because even thcuyh the Aff1eck's had nine years' to find another location, the rents were too high, and it `would be too difficult to open el sewhere. Jay Chesavaye, 10100 Miller, Cupertino, owned 3833 Middlefield Road -adjacent to the Ballet Arts Center. He -purchased his lot intending ,to build a home and establ,i_sh residence ln Palo Alto tie pursued his plan based on two understandings with the Palo,Alto Planning Commission that the nonconforming use of the Ballet Arts Center would terminate An April,.1963; and that the land use would revert to residential. in accordance with its zoning. He_acquired his information from Mr. Bob Brown in the Planning Department, and had the information been different, he would have acted accord- ingly. The City -of Paio Alto desired and encouraged affordable low density housing, and he acted in accordance with that concept. He requested the Cou1 ..i 1' s consistency in its decision. Mayor Bechtel declared the public,hearing closed. Councilmember Eyerly asked for clarification that if the Council upheld the Planning Commission recommendations but wanted it to be possible for the Ballet Arts Center to remain, that a single con- ditional use permit could be granted for the business and what that process would be, Mr. Brown said a conditional use permit would not be possible under the current zoning ordinance, and that staff could only accept or grant an application for a use permit for uses con- sidered to be conditional in the given district. Councilmember Eyerly asked for clarificiation from City Attorney Diane Lee regarding Palo Alto Municipal Code Section 18.90.060. Ms. Lee said the section should be read in conjunction with the other provisions of Title 18 which specified the allowable permit- ted or conditional uses, and she did not believe the conditional uses of the zone would allow the dance studio. Councilmember Eyerly did not believe the zone change to CM was practical for the area. In view that a special, use permit could not be issued, the Arts Center would have to apply for a special PC zone in order to stay. It was true that the amortization schedule was set up, but it did:not mean that the building was to be demolished or that another use could not move in and be allowed in an R-1 area. He believed a PC application would logically receive Council support'`, and that it might be possible to have controls on the use of the property in terms of landscaping, amount of traffic, number of lessons, etc. MOTION: Councilmember Eyerly moved, seconded by Renzel, to uphold the Planning Commission recommendation that there be no Comprehensive Plata Land Use Map change from Single Family Resi- dential to Neighborhood Commercial and zone change from R-1 to CM for the property located at 3826 Middlefield Road and no change to the Zoning Ordinance text to allow dance studies as a conditional use in the R-1 District, SECOND PART OF MOTION; Councilmember Eyerly ■owed_ seconded by Levy, that the Ballet Arts Center and Mrs. LeBlanca be encouraged to apply for a PC zone. . Councilmember Levy asked when the amortization period expired and how long it zhould-take to develop art application for a PC zone. Mr. Brown said it expired May 1, 1983, and that a reasonable period to develop the application might be four to six weeks. Counci luemLer Levy asked if the, motion needed to say something about the exact amortization date. City Attorney Diane Lee, as the official of the City who would enforce the ordinance, assured the Council there was nothing to worry about. 3 6 1 6 7/18/83 Cuunci lmemuer Levy said the decision would be difticult. The .school received a tremendous outpouring of practical and emotional support, but the i ssuc was one of overall use, not the specific school and -management. If the zone were changed to CN, other uses would be possible and there was no reason to believe the Ballet Arts Center would be the only use. The arguments in terms of the financial incentive for the schools remaining in its present.loca- tion could operate in reverse, because one reason for the present financial incentive was the amortization, and if a substantial extension occured and other uses were allowed, there might be a substantial financial incentive on the part of the owner to seek new occupants for the building. A previous Council rezoned Middlefield because a lot of strip commercial was happening and it was agreed that strip commercial would be a detriment to the area-.- At that meeting 16 years ago when the Council was comprised of 12 members, there was extensive public discussion, and.the vote was ti -4 to approve residential zoning. The vote included people like Arnold, Beahrs, Comstock, Debs, Pearson, and Sher representing a broad range of responsible Palo Al tans. All of those people con- cluded that the zoning in the area should be residential. Owners took several different actions over the years --many phased out nonconforming uses and made more residential occupancy and a feel- ing of residential, and others purchased land in the area relying on the City'.s_ zone. An _the subject case. the one usP waited until the last minute and found themselves as the only nonconforming use in the area. As such, it was not as bad, but had the Council 16 years ago not zoned the land residential, it would now be an unfortunate looking area. The present Council had a messy transi- tion situation, and he personally could not allow the Ballet Arts Center to become Neighborhood Comenerciel as the only piece of property in a huge sea of R -I; an! he- saw no support for the quanset hut in an R-1 zone, although it could technically be kept with another use. A number of developments took place, and many people purchased property relying on the zoning and amortization. On the other hand, the Ballet Arts Center 'use was excellent, and even though a fair number of its patrons tame from distances, a substantial number of people walked or rode bicycles from a fairly close distance. The use apppeared to be reasonably compatible with the neighborhood in terms of noise levels, etc. He believed that with a carefully defined PC zone a way could be found to allow theatre dancing without any imposition._ If it were PC, the City would look carefully at parking to eliminate the possibility of intrusion. He 'was willing to consider a PC zone although he was unwilling to say whether he would approve it because there were a number of difficulties. ' He supported the Planning Commis - slop recodmendation in terms of leaving the property zoned resi- dential, but because he believed the particular use would be com- patible with on R-1 if carefully drawn, he was willing :to 'review a PL, application, Counci lmember Fletcher said the —memo from,.`. Mr. Brown _did not say that all dance;, schools were equal, but that' there was no legal way to define thei::r differences . in the zoning ordinance, and she Agreed, Piers .Dairy had planned its move,, acquieed a site in Menlo 'ark, and would be -out by..the time its`' amortization period -expired. If the Planning Commission recommendation were upheld, it was not that the Council was not permitting the dance studio to remain because the dance studio knew from day one -that _it was a nonconforming__, `a se There were snany -- ocea-s i ons where the Counci 1 considered revisions - t:o : the Comprehensive Plan land use map and zoning map. , but ' it never received any t'eque t from -'the dance school` for_ a rezoning. At was now after the fact when surrounding property owner .bel,ieved in good faith that it Was an R-1 dis- trict, the .Council was asked to change the zoning. She concurred with the Planning Cov mi ss_i on to . not rezone the property. Counci1member -Renzel believed it._ was unfortunate that such a popu- lar use had difficulties finding a location, but did not believe the City could structure its zoning and land use plans around a 3 6 1 7 7/18/83 specific user. Regarding the encouragement of a PC, the Council was obliged to entertain any such application, but she was reluc- tant to encourage or discourage any zone application until it was received through the Planning Commission. She would not support the second part of the motion. Vice Mayor Witherspoon pointed out - that in her years as a Council - members the touchiest issues were on nonconforming uses in resi- dential zones. Not too long -ago the Council had a long-standing church use in a residential zone, which was controversial, and she could. understand the Piannii:q Commission's and Council's reluc- tance to consider changing the list of nonconforming uses for a residential, zone. As pointed out by Councilmember Renzel, the Council would consider any .zone change recommendation, but it would probably effect the dance studio from an economic point. She would hot support the second part of the motion. Councilmember Klein said he regretted that he would not support the Ballet Arts Center request, especially in view of its support, but tonight's vote had nothing to do with the Ballet Arts Center. The Council was being requested to engage in bad zoning to subsi- dize an otherwise worthwhile activity, and bad zoning outweighed the desire to subsidize a worthwhile organization. There were other ❑nt_ant :a1 ]nrat:nnc for- -th,n- Rn11'st- nrt Ccrtcr, s� - - - - - - _ . ;. �. .. .. ,... .. .. .. .. ... ..v ♦r�i: tati � , and i, i1 rG City in effect made promises to other people who had the right to act upon them. While he agreed with Councilmember Renzel, he believed a PC application for the particular site and: building would have a difficult uphill road and would probably not succeed. He would not support the second part of the motion. Councilmember Cobb said no one spoke to the other option of rede- fining an educational activity to fit in an R-1 district. The use was a desirable one which he would like to preserve, but to change the de.`tnition allowing the retention of that activity in an R-1 area invited other activities which would fly under the same ban- ner but would not ne as desirable. The comments regarding the zone change were appropriate, and he was tempted by Councilmember. Eyery's -motion to encourage the PC. It was a difficult way to`. yet a solution, and he decided to not support the application because he did not want to encourage something that would be dif- ficult to support without major s :ps. Part of the problem was that some people did not want the use in the area, but the bigger problem was the quanset hut. If he were one of the immediate neighbors, he confessed that no matter how desirable the use, he would not want a' quanset hut in his backyard. Given the previous promises, he believed a PC would -have to carry some significant: rnodlfications to the appearance of the structure to make it acceptable in an --R-1 nelghLorhood. He encouraged those in attendance from the. School Board to open discussions with the Ballets Arts Center in terms of it becoming a tenant of the School District and keeping the worthwhile use in Palo Alto. Mayor Bechtel said her vote would not be against the Ballet Arts Center, but for good land use planning, because a zone change would be inconsistent and unfair to the surrounding neighbors who relied upon the amortization schedule. She concurred with `;.com- ments made by some of her colleaguet regarding the encouragment of a PC appii;cation on the property because>.she believed the location and building were incorrect for the use, and hoped the Center could find another building v; f th a good floor. FIRST PART ' 00 MOTION THAT THERE SE MO COMPREHENSIVE PLAN LAND USE MAP CHANGE OR ZONING CHAIM PASSED vhanirsousi3r6 Fazzino absent. Councilmember Eyerly believed it was appropriate to uprcld , the Planning Commission "recommendat1on and did not believe the:,Council. cCiuld preserve businesses by trying to activate new zones which would allow other uses the City would not want in the area. He believed the Council must be realistic --Palo Alto was partly what 3 6 1 8 7/18/83 it was today because of certain types of services- and businesses, which were having an increasingly difficult time staying in Palo Alto due to economics. He did not believe the Council wanted a community that was all residences, and that services and busines- ses should have an opportunity to ;emein. It was easy to find places where people could - look and hope to land, but the truth was that there were certain types of businesses that could not afford to be in Palo Alto. The only type of zone currently in existence which made his concepts feasible was a PC. A business such as the Ballet Arts Center would actually be subsidized by an i-1 residen- tial area, and as long as the landlord cooperated and requested a PC zone on the property along with the operator of the Ballet Arts Center,.he believed the use was viable. He noted that.ti:: Council coula make many restrictions and conditions in terms of. parking and landscaping, but could not require too many costs or the Center might not be able to stay -and give the current level of service. He encouraged his colledeues to reconsider the voting on the second part of the motion regarding the PC zone, and realize that something compatible could be worked out. Councilmember Fletcher said she believed the Council was scheduled to consider zoning or(inanance updates in a couple of weeks, and it might be an appropriate time to consider where a ballet facil- ity might fit.. If the Council ailowed_the Ballet Arts Center to locate in R-1 zones throughoet the City, there would be a back- lash, but there could be other zones where the facility might be apprupriate. She believed it would be better to look at the mat- ter in conjunction with the zoning Ordinance rather than setting a precedent to locate the facility in an R-1 zone. Councilmember Cobb said that by: opposing Councilmember Eyerly's motion, he did not inteed t; send negative signals. He did not want to state in advance how he would vote because it depended upon the particular PC application, and he believed a vote of encouragement almost implied support. The Council ran across the generic problem So many times that another mechanism should be found. A PC was sti 1 l a zone change and stayed for a long time. It could be defined as tightly as one wanted, but it could not be defined to the point where the owner was specified. There should be a mechanism to enable the council to go into something of that nature should it chose to Support l,ts continuance and be able to say that it could continue so long as it was the particular use and -no longer than, with other conditions, the mechanism did not now exist and there were times when the Council wanted to make those kinds of surgical decisions, and he did- not believe zone changes were the best way to do so. Councilmember Levy said he se eported ;Coup ci lmember Eyer'ty because ballet schoole were traditldnally An peripheral areas --they were upstairs in unusual parts of larger cities or wherever they could find a place which occupied- a fair amount of floor space and had inexpensive rent, if the Ballet Arts Center had to relocate in s.q'"e -- tran,itienai industrial or commercial _area, it would be inaccess:*ble, particularly to younger children, for whom they per - f orned a evaluatale service -1n uthe community:' He believed the motion. would provide a way to try and --encourage the school to stay and it was clearly understood that the Council did not: favor a quanset het that would be an intrusion on the ,residential neigh- bors. e Perhaps it could not be handled, but he wanted _to offer whatever encouragement, he could because the Ballet Arts- `enter_ was a worthwhi 1 e: part of Palo Alto. Councilmember, Fletcher said that some of the City: s- commercial 4 -ones were in neighborhoods--Nidtowh. was only a few blocks .down=,_:, and there was a facility in that. area which was just'.:vacated.- She; d.id Hot. believe any, of the City'.s commerciaL areas, with the exception of the industrial parks, were far from neighborhoods. SIEC©N© PART OF :101'10N (TO ENCOURAGE APPLICANT T9 APPLY FOR A PC ZONE) -failed by a , vote- of 2-6, Eyerly and Levy voti ag ,•aye, ".` Fazzlno absent. Caunci lmember Levy left.m_ ee na at i 1 :15 p.m. 1 1 3 6 1 9 ?/1803 ITEM #b PUBLIC HEARING: PLANNING COMMISSRUN RECOMMENI)AIION RE IYKtHt i CHANGE FOff 1tkUvtK t T LUI.A i tU At ZSbU li 1 1 Planning Commission Chairperson Jean McCown said the Commission's recommendation was unanimous to make the Comprehensive Plan Land Use Map change- from school district lands to- multi -family residen- tial and public parks, and the zoning map change to reclassify the property from PF to RM-3 and RM-3(L).,. For the record, she said there were two additional recommendations made by the Planning Commission -on which _the Council did not .need to take action. First, regarding the re:lew of the fence designs on the common property lines, it was originally part of the staff's recommenda- tion, but it was pointed out that since there was not yet a sub- division map, the Commission was not in the position to attach it as a condition. It was not recommended aj a condition to be attached to any approvals at the present time, but the ---Commission wanted it to be a recommendation for further consideration in the future. Second, the Commission made a recommendation that there be some form of public non -vehicular access- provided through the housing portion of the site from Middlefield Road to the new Hoover Park. That item would come up when the specific subdivi- sion application was before the City, but the Commission wanted it f_.66 k.. +11.1e6 - n ^ r d 6664 3, 6. V 1 3 L 31%. i i.. a.v. a •ri Courcilmember Cobb asked for assurances that the City would end up with the same number of baseball fields that it started with. Zoning Administrator Bob Brown said that was correct, and that the design provided for two baseball diamonds to be located. Mayor Bechtel asked if the City would lose both baseball fields at the sarne time during construction and whether the one closest to the tennis courts had to be relocated as well as the one closer to the school. She commented that the fields were constructed by volunteers of the Little League and she asked who would pay for their construction now. Director of Planning and Community Environment Ken Schreiber said he understood that the baseball field closest to the park would stay -.in its present location. The other would be relocated as a City obligation and carried out after the City acquired the land through its capital budget process. Plans would be developed for the area and brought back through the' Planning Commission and City Council ' Mayor Bechtel declared the public hearing open. Geraldine Steinberg, consultant to the Palo Alto Unified School District, said the application was for a Comprehensive Plan and zone change for the Hoover School site. The Hoop ir: site was the third of six surplus school sites to come tefore the Council, and the same process was -followed for each of the two previous sites. There was a public nei ghborhooG input meeting held last December at which time the neighbors unmoimous ly believed there shbul d not be through traffic from Middlefield to Cowper and that it was important to not have access from the project onto Cowper. That was taken into consideration, and there was discussion abou. whether there Should be` subtle co+merci a l on the site or'' mul ti pl;e housing. The majority of people belie~~ed it should be 'multiple housing,. - Those two .rain recommendations were considered, and in April, a recommendation was returned to the neighborhood. There were many g4estiows at that meeting, another discussionabout com- mercial versa s multiple use, arid ,the consensus appeared to'‘be for the multiple use. Therewas strong indication that a senior proj- ect on the site would be desirable and there were many interested senior groups. 0ri gi nal ly, ,the applsi cation was for a combination zone and after reviewing bOth alternatives, the Planning Commis- sion made its recommendation which was supported by the Palo Alto Unified School District. 3 b 2 0 7/18/83 uoug Cox, 4Hb 1 Dorado Avenue, believed RM-3 zoning was out of character for the neighborhood and inconsistent with the Compre- hensive Plan, and that many inaccuracies were contained in the staff report regarding the densities on Byron Street which ap- peared to be a cornerstone -.of the argument for rezoning. A pedes- trian walkway and bike .path went from Middlefield_ down to Cowper and might be City property -trees were planted there which the School District would not trim because they belonged to the City. There was an easement continuing from Byron Street into the Hoover site, and there had been an easement on the two properties lt touched for some time. -A pedestrian walkway and bike path joined the Byron St.-eet circle with. the walking going through the left side of RM-3, which was omitted from the Environmental Assessment part of the staff report. Byron Street had an average of 18.2 units and was within the RM-2 zoning, and nothing justified RM-3. The church areas were R-1, the park was bounded on all sides by R-1, and Byron Street had an equivalent density of RH-2. The first major objective of the Comprehensive Plan was to retain the low density single-family residential character and visual scale, which the proposal did not. He recommended that the Council approve no more than an RA1-2 zone, and if further staff work was not warranted, legal counsel might be necessary to investigate the inconsistency and/or a petition action in the neighborhood. Mayor Bechtel declared the public hearing closed. Mayor Bechtel asked Mr. Brown to clarify the walkway issues. She understood that there were two; an existing walkway between Byron Street and a right of way between Middlefield to Hoover Park. Mr. Brown said that was correct. Comments from the City Engineer on page 3 of the staff report, .entitled "Easements" indicated that "existing easements from Byron Street into Hoover Park should be abandoned with a subdivision of the parcel." Staff intended to pursue that action when the subdivision occurred. Further, the Planning Commission recommended that a new easement be estab- 1 ished, most likely on the southerly boundary of the property pro- viding access through the landscape strip to the new park so that access wooil be maintained. The densities indicated on the map were from -the City's land use reaps in the Planning Department and from a ma i.l ex survey: done in the , ne i yhborhood. MOTION: Mayor Bechtel moved, seconded by Fletcher, to adopt -the Planning Commission recommendation that the proposed amendment of the Comprehensive Plan Land Use Map from School -,District Lands to Multiple Family Iesidentia! and Public Parks and a change in zone along the lines of either. Alternates A or B from PF (Public Foci 1- ities) to eitrier RM!-2 (Low Density Multiple. Family Residence Dis- trict) and RM-3 (Moderate Density Multiple Family Residence Dis- trict) or RM-3 respectively be `.approved., that a finding of no signlfitant environmental impact be made, and make the following findings The proposed land use and zoning designations are con- sistent with the housing, employment and transportation objectives and pal ittes of the Comprehensive Plan which encourage protection of existing -residential neighborhood character, provision of hogs ing near commercial areas and redaction of.traffic on neighborhood streets. Further, that future consideration be given.. regarding th rev 1 ew of the fence -designs on the common property lines, and that consideration be givew to moms form of publ is , nenvehicular. access tfrovgl the housing portion of tine site frog Middlefield Road to the new Hoover Park. RESOLUTION b156 entitled 'RESOLD►TIOM OF THE COUNCIL OF ertE 't.a of"bf PALO ALTO AMENDING THE PALO ALTO comm lEN.- S1VE PLAN NT AMENDING THE LAND USE DESIGNATION OF A POR- TION OF THE PROPERTY AT 2$54 MIDDLEFIELD ROAD (FORMER HOOVER SCHOOL SITE) FROM SCHOOL DISTRICT LANDS TO MULTIPLE FAMILY RESJ.AEN.TIAL AMO PURIM PARKS' ;l 6 2 1 7/18/83 MUTIUM CONTINUED 1 ORDINANCE;FOR FIRST READING entitled "ORDINANCE OF THE U)UNCIL OF IHE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONIPG MAP) TO CHANGE THE CLASSIFICATION -OF A PORTION OF THE PROPERTY KNOWN AS 2850 MIDDLEFIELD ROAD (FORMER HOOVER SCHOOL SITE) FROM Pt TO RM-3 AND :RM-3(L)" Councilmember Cobb said assuming staff's numbers were correct, the City appeared to be working at the high end of the density scale for the adjacent properties, and he asked about the rationale for going to RM-3 as a whole as opposed to RM-2. Mr. Brown said the recommendation to RM-3 was based on the appli- cation submitted by the School District for both RM-2-.and RM-3, and it was believed to provide better protection for the neighbor- hoods in that a 21. foot setback was required on either side of the church property and from the Byron Street residences. Setbacks were not in the middle of the property and would not -create unus- able area to contraindicate the design solution as would be caused by the School District's application. The RM-3 density was com- patibl;i with what presently existed along Middlef eld in the area _ L Tel; i t Vie /� a _ Iii iv i i nv,�i Uisti Y, 1 i,ii Jviiit Vi C.iic LU➢i iiiv; UII Lt a u,yi uii St Frei. aced. Councilmember Cobb asked if the density allowed three-story build- ing. Mr. Brown said yes as would RM-2 or RM-1. Council-memher Cobb said the District originally came in with 92 units, and the City managed to get seven more units. His observa- tions on the density p oblem in Palo Alto were that the City put in -seven more units here and added ten More units elsewhere, and no one development was significant. He hoped the City would begin looking at the cumulative effects of the small incremental changes being made. He asked if anyone considered the -cumulative effects in terms of traffic, parking, services and streets as it applied to all the condominiums going into the area by the time the entire area was developed out. He believed the potential build out of California Avenue was an impossible situation,: and asked staff to comment -on the full condominium build out of -all the properties if taken. to the maximum justifiable densities. Director of Planning and Community Environment- Ken Schreiber said he was not aware of a specific staff calculation of the exact num- ber of units on the various sites, but when the City went from nonresidential- to residential RM-2 and RM-3 densities, there were less.. traffic and overflow parking -problems than with some of the current and past commercial, plate industrial, school and -other uses, and_ an actual decrease in impact on those features in terms of the ai ea. Regarding the RM-3 on the proposed site,- ,it was worth noting_ that the entire C?i area could all carry residential. densities similar to an RH-3 zone Councilmember Cobb said it sounded as though there' would Oo a gap where the City, would be without. the :'second- ba seoa l .l field for some period of time u the t could'work its way -into the GIP. process. Mr. Schreiber'�.ai.d that information was ,not yet available. Staff and the ° Oi strict s ..representati-ves wou-lt need to -negotiate the actual acquislt On of the land, and _ the District had:. not yet decided on. _ti etable for the disposition of. -the site. $titf intended to try,. and minimize the impact of the transition while rearranging some of the recreational. facilities, at Oretega, Hoover orany o1 the otter sites... There, would be some element' of disrup- tion, in dfy of the sites, but the ite wouin return to the Council for budget and site plan: 3-b 2 2 7/18/'83. Councilni:.mber Cobb said that since the District was seven units better off than it was before the staff' recommendation, he be- lieved it was appropriate to contribute something to the capital budget to minimize the gap between the loss of the fields and when they would be back on line. Mr. Schreiber corrected -the ordinance in Section 1, fifth line, following RM-3, to add "(L)." Mayor Bechtel clarified that the motion included both the resolu- tion and the ordinance as corrected by Mr. Schreiber as w01 as the recommendations from the Planning Commission concerning the pathway access, fence design, etc. MOTION PASSED unaniwou ly, Levy and Fazzi no absent. Mayor Bechtel thanked the School Board representatives fur attend- ing tie meeting. ITEM #1 PUBLIC HEARING: PLANNING_ COMMISSION RECOMMENDATION RE ICE -USED 1LN[AIIVE S�$b'VISIIN MAP WITH ETCEPUIMITS IUIi !HE PRUFLRiIf ......_— rurrin-AT 600- FIR EN WAY (C1iiT:4Z5: j Planning Commission Chairperson Jean McCown said the Commission's rprnrnmpnOtinn was has•iral iv_ identical to that made to the Council prior to last March. The application was returned because of some changes in the exact dimensions of the parcels, and'staff's cover memo indicated that the numbers changed again since the Commission last met. The Commisson's rationale for approval was the same as last year. MOTION. Councilmember Klein moved, seconded by Witherspoon, approval of the Planning Commission recommendation that the proj- ect will not have a significant impact on the environment; that the project including the design or improvement, is consistent with the Comprehensive Plan, and complies with the_ Subdivision Map Act and Title 21 of the PAMC; that the site is physically suitable for the type and density of the propsed development, that the sub- divison is not likely to result in serious public health problems; that there are not conflicts with public easemee ts, and findings that: 1. There are special circumstances or Conditions_affecting the property in that the substandard -width aids area of proposed Parcel•b is due to its use up to now as a -railroad right-of- way, and will result in # parcel_less substandard than the existing two parcels; 2. The -ex -captions are necessary. for the preservation and enjoy- ment of a -substantial property right of the petitioner; 3. The granting of tine .exceptions will not be.'.detriaental to the public welfare or injurious to other property is the territory eh which the property is,situated In that the, proposed parcels are- consistent - in size -and configuration with-tl'e existing laird use pattern in the areal, and 4. The granting of these exceptions will not violate the. require - meets, goals, policies or spirit of the law 1n that proposed Parcel 0, although substandard, is less substandard than the existing parcels which comprise it, and in that the noncom tiguous portion of the right-of-way parcel to be added to {400 Hansen Way will not be counted towards increased floorarea ratio for the parcel. Approval is recommended with an excwpt i On from. the requirement for a -100 -foot wide one acre parcel with the conditio. that: 1. Far purpose of calculating the allowed, floor area ratio for proposed Parcel A, the site area shall be limited to the area 3.6 2 3 7/18/83 MOTION CONTINUED r 1 of the existing parcel plus the area of the ri,jht-of-way which is contiguous to the existing parcel (25,000 + square -feet), excludin the area of the noncontiguous "panhandle" (10,937 + quare eet). Thus,, the floor area allowed on the proposed' Parcel A shall be limited to 10,000 square feet over the 88,723 + square feet'allowed on the existing parcel, or 98,72;: + square feet total. 2. The railroad track and crossing warning equipment on El Camino Real be removed and the street resurfaced and s1dewclks replacee where necessary; 3. The land identified on the map as Parcel C shall be merged with contiguous parcels prior to development of Parcel C; 4. The l.0 -foot sanitary sewer easement along the east property line of proposed Parcel A be shown on the final map; 5. The land identified on the map as Parcel B shall be merged with contiguous parcels prior to development ofParcel B; and 6. The existing easement which runs along southwest property line of parcel known as 700 Hansen way and wnicn crosses proposed Parcel A shall be shown on final map; Conditions 11, 13 and 15 shall be recorded on the final map in a manner satisfactory to the City Attorney. In addition, the following requirements are to be met before, or at the time of, developing the property: 1. Developer shall remooe abandoned driveways and replace with curb and gutter; 2. Developer shall construct an interior drainage system with the property. No surface drainage over the sidewalk will be per- mitted; 3. Developer shall constrLct.a ramp for the handicapped; and 4. Developer shall replace broken sidewalk, curb or gutter. Mayor Bechtel declared the public hearing open. Richard Jacobson, 751 Southampton Drive, said he had a letter from Stanford University which objected to the requirement that the CS parcel be combined with an adjacent parcel. Councilmember kenzel said she would abstain from voting because she was absent during an earlier meeting when public testimony was heard. MOTION PASSE BY A MUTE OF 0-0. 1, Fenzel "abstafning," levy and Fazzine ebsent4 ITEM ed PUBLIC NEARING: I'EANN1!G COMMISSION RECOMMENDATION RE V Planning Commission. Chairperson Jean McCown commented that the principal focus was the issue of how to enforce the conditions intended to try and control the operation of facilities that would -oe compatible with the neighborhood. The Commission supported the continuation of the facility if it would be done in such a way that was compatible with the neighborhood', and the principal con- cern was whether the " conditi,pns and available mechanisms would bring that about. - 2 3 5-2-4 7/18/83 Counc i l member R nze l said she recollected at the Lime the Council dedicated Scott Street Mini Park, that there was a problem with whether the City could dedicate the portion that had. been exactly the existing street. She asked for clarification. Uirector of Planning and Community Environment Ken Schreiber said CouncilmemberRenzel was correct that 'the area identified as Scott Park was the entire area identified as PF'.above the site location. the park dedicated portion was the part identified as Scott Park, and the road right-of-way tor Scott Street was net dedicated t. because there was difficulty -determining ownership in past title records. Councilmember Renzel said she intended to make a motion to address any interest the Palo Alto Convalescent Hospital.might have in the right-of-way so it would be clear for future park users. Mayor Bechtel declared the public heering open. Virginia Wickwar, 943 Bryant Street, stressed that they were talk- ing abodt a commercial venture, and the fact that it -provided a worthwhile and noble service to the community should not disguise the fact that they were talking about compatibility in a residen- tial area. She supported the use, but could not always rely on the.fact that goodwill would be advanced by the owners or managers of the oeoole ;n the nursino home.- Shp rPnuprtPd a niiarantPe from the Council for some type of review mechanism. y Peggy Woodworth, 301 Addison, said she had lived in her house for 11 years and one of the joys when they moved in was how wonderful it was to have old people in the neighborhood. She loved the Convalescent Hospital, but was concerned that the people were treated with dignity and were well cared for. Parking was never a problem because she did not believe anyone owned the streets. There was a need for a place where old people could be taken care of, jn'i she was concer=ned that sometimes people'ieft the Con- valescent Hospital. She had returned many of them. Part of her liked the idea that the place could not be locked, but she was concerned that people know if someone left. e.phta 1 i Knox, 11125 Forest, represented the Palo Alto Nursing Center and Ken Robinson. The proposal was not a change in the land use plan or, change in zoning, and followed a procedure estab- lished in the Comprehensive Plan for the 'specific situation. There would be a public loss of ski i led nursing facility beds if the exception was not granted. The e-xemption would correct an error and that it was not the neighborhood's or City's intent to 0o away with the convalescent.facility: The problem. was not a land use problem and an acceptable facility in a multi -family zone. Carne for the elderly was of such a public benefit as to merit the exception.. The location was ideal relative to the near-. by medical care and not a burden or intrusion into the adjacent residential neighborhood. He submitted a letter indicating 'where the people An the current facility came from and where other nurs- ing beds were -provided in the midpeninsula area. There was no int nsification_,propo.sed--the facility was there. It was not new and unknown and there was no way .that increased impact or intensi- fication could come to the community from excepting -the use .from the termination '}provisions. There would be a private lass to the owner because the new owner coo1d not refinance and make balloon payments in 19337, unless °excepted from -the termination.- provisions. There'was some fi-nancial burden to be concerned about --destruction from fire which would cause a rider to be piked on uny type of fire policy so that, if the building were more than 50 percent destroyed, demolitioi would be paid for as well as the loss of business. He urged Council support of the -Planning Commission unanimous recommendation. The issue about how one controlled it to the future was. the condition everyone focused on. He was Com- fortable with what Assistant City AttorneyPrendergast said at tie -Commission meeting that she Rps ‘umrortable with- the City's power • 1 3 6 2 5 7/18/83 to enforce conditions and to remedies involved in code enforce- ment. Within the police power there was an inherent right to invo%e concerns if due process were followed --proper notice, proper hearing, etc. There was a question raised about asking the operator to provide some type of survey to the neighborhood on an annual basis to ascertain whether the conditions had been -complied with. Mr. Freeland had responded that "I do not feel it is a good practice to load up that type of ongoing monitoring process onto the issue. If the use was rolld enough and valuable enough to continue, they ought to have the assurance that they„could con- tinue as long as they could abide by certain basic rules of behav- ior. To put them it the position of being constantly scrutinized to see if the City might revoke them or not, I feel is a bad practice." Mayor Bechtel declared the public hearing closed. councilmember Menzel asked for .clarifi;:ation that while the facil- ity was originally built for 68 beds, it was currently licensed with the state for 66. Mr. Knox said it was currently licensed for 66, and at some point it moved from b8 to 66. The .application was footnoted, but- di d not carry onto the reproductton, that the application was for the current facility and as it existed at the change of zoning in +sa i ur° va Utas. MOTION: Councilmember ilenzel moved, seconded by Witherspoon, to adopt Planning Commission recommendations that this use is compat- ible with the Comprehensive Plan's designations for the sur- rounding area and recommends granting an exception to the Zoning Ordinance nonconforming use termination provisions subject to Sections 18.94.070(c)(5) and 18.94.070(c)(6) of the Zoning Ordi- nance and to the following conditions that: 1. The convalescent facility at this site shall not expand! beyond its present 66 -bed capacity; 2. The operators of this facility shall on all occasions assure that employees park in the Convalescent Hospital's parking lot and that if demand for off-street employee parking is not met with the existing lot, that the operators of the convalescent facility shall endeavor to secu-e additional off-street park- ing within the neighborhood; 3. The operators shall 'eliminate occasional odors originating from the exterior catch basins by restricting their use to storm run-off and patio cleaning and by regulary flushing the drains that connect these catch basins with the City's storm drains; 4. The operator shall notify in writing all residents on the 900 block of Scott Street, and the 300 block of Addison Avenue at least three drays prior to a scheduled exteri r fire alarm test and that the operators shall test the exterior fire alarm in a manner that minimizes the exterior noise without violating fire safety code or standards; b. The operators of this convalescent hospital shall operate the facility in a saner that assures continued compatibility with the adjacent residential neighborhood by minimizing exterior noises, odors, infestation of animals, and the wandering of facility patients beyond the site of the facility. Further: 1. Provide for the adjacent Scott Street right-of-way, a title report satisfactory to the City Attorney and, in the event that the Palo Alto Convalescent Hospital owns any interest in the right-of-way; it shall convey the interest to the City by deed in a form satisfactory to the City Attorney; and 3 6 2 6 7/18/83 MOTION CONTINUED 2. With language re 18.90.-030 to be revised to read: "In any case where the conditions of the exception have not been or are not being complied with, the zoning administrator shall set a date for public hearing and notice the public hearing in accordance with Section 18.90.030. Following such hearing, but not more than ten working days after the conc'usion of the hea l ng, the zoning administrator shall make findings of whether the conditions of the exception have net been or are not being complied with and render his decision to revoke or modify such exception." Delete Sections (b), (c) and (d). Councilmember Renzel clarified that the intent of her addition was so that someday the City might be able to actually dedicate the remainder of what it considered to be Scott Street Mini Park. City Attorney Diane Lee commented -with respect to revocation or modification of the permit, that while the City had the power to revoke, she. was not sure whether it had the -power to modify. In order to clarify the point in any exception that might be granted, it would be appropriate to include a condition similar to that in the conditional use permit and variance approvals that in a case where conditions of the exception were riot being complied with, tnc Adi,Inisteatvi sh 11 JCI. a tc a fijr 0 public nearing ana notice .the public hearing in accordance with Section 18.90.030. Following such hearing by not more than ten working days, the Zon- ing Administrator shall make findings about whether the conditions of the exception were met or were not being complied. with and render hts decision to revoke or modify such exception. • NOTION AMENDED: LANGUAGE SUGGESTED BY DIANE LEE (SEE ABOVE) INCLUDED IN MAIN MOTION BY MAKER AND S rCONU Councilmember Fletcher asked whether staff could look into the 6:30 a.m. Saturday garbage collect;•on to see if the problem could be rectified. Councilmember Cobb commented tn t the first speaker's comments about periodic review were worth -listening to. He gathered that the City considered it to be a difficult burden, but appropos Ms. Lee's comments, for that_ process to start, either the City would have to see something out of order, or a neighbor would have to complain. He believed the hospital deserved close scrutiny, and periodic review would not be a bad idea given the nature of cenva- 1es.ent hospitals and the way they could run from good. to bad dependent upon the ope: ator. Mayor Bechtel said Councilmember Cobb's point was well takers, but the Convalescent Hospital was supposed to be inspected regularly by the State, and the Planning Commission well discussed the issue during its hearing. NOTION AS AMENDED PASSED unanimously, Levy and Fazzino absent. ITEM #9f PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT AMENDMENT - U IE TEAR )IRAL COPENSATIO City- Manager Bi l l Leiner said that__ i n .compliance with Section 750.7 of the GavernMent Code, the following cost information must be made public atleast two weeks prior to the final reading of the ordinance amending the City PERS contract provi:diig for benefit increases. The cost of the benefit increase amendment, Section 20024.2 known as the one. Year Final Compensation Amendment had been calculated by PERS to be 1.74 percent of the current Mi sce i- ianeous Employee Payroll, or 4282,000 per year. This percentage increase. was the projected actuarial. rate to the year -2000, but the employer rate was subject to. change with future amendment. andjor experience by other factors. - 3 6 2 7 7/18/83 MQT1 F: Mayor Bechtel moved, seconded by Cobb, approval of the resolution, introduced the ordinance for first reading, and approval of the amendment to contract. RESOLUTION 6157 entitled "RESOLUTION OF THE COUNCIL OF ALC ALTO OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRA- TION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF PALO ALTO" ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE 'COUNCIL 0f THE Cifl OF PALO ALTO AUTHORIZING AN AMENDMENT TO THE CONTIMT BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM" AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALO ALTO MOTION PASSED unanimously, Fazzino and Levy absent. ITEM #4, ARGUMENT 3'ROCEOURE FUR MEASURES C, t) AND E AT SPECIAL tLECITON iTA Nt3VE1113ER b; 1983 vUfi f nVLL,[..ufluLii Ui ru�i 'Jun., AND Kt CATV) (C-ontinued from Mayor Bechtel suggested a change on the last page of the draft argument regarding the authority - to grant franchises for cable television to add a sentence following the first paragraph as follows: "A mandated election, however, would require an unneces- sary expenditure of "ity funds." MOTION: Councilmeatber Cobb moved, seconded by Klein, approval of Direct Argument in Favor of Measure E (re City Council autho- rity to grant a franchise or franchises for Cable Television) and that the argument be signed by the Mayor for the Palo Alto City Council. MOTION PASSED unanimously, Fazzino and Levy absent. MOTION: Vice Mayor Witherspoon moved, seconded by Cobb, approval of the Direct Argument in Favor of Measure D (re City Council to appoint an independent board or boards for Cable Television mat- ters) and that the argument be signed by the Mayor for the Palo Alto City Council. MOTION PASSED unanimously, Fazzino and Levy absent. MOTION: Vice Mayor Witherspoon moved, seconded by Klein, approval of the Oirect Argument in favor of Measure C (re Cit Council authority to eliminate the Council Appointed Office of Controller and to create a new Council Appointed Office of Auditor) and that the argument be Sighed by the Mayor for the Palo Alto City Council.. NOTION PASSED unanimously, Fazzino and Levy absent. Mayor Bechtel said five signatures 'Were allowed a_nd she suggested that the Chair of the Ad Hoc Committee re City's Finances be one She did not know whether there would be enough signatures from 'public members, and would appreciate suggestions. for `:any :other signatories, Shy -suggested that a sentence be added to the argu- ment to reflect that the vote on the proposed charter amendment was unanimous on the part of the Council Councilmember Renzel suggested that it might be possi,bi a that the i-ndi viduaI Counci lmerabers' naves, could be used 11 desi-red, and particularly in the case of thet"ity Auditor position, it might be appropriate for the Mayor, .Vice Mayor and Chairman of the Finance and Public Works 'Committee to _sign if there were not enough other signatures -to fill up the five slots. 3 b 2 8 7/18/83 Gounci lmewher Eyerly said the Ad Hoc Committee was loaded .with experts and he .asked if there- was room for name and title on the signature- pages. City Clerk Ann Tanner said there was no prohlem.with using a title if the individual signing the arc,:rment had approval of the compaii; or their ernpioyers to use their title. AL )UURNMEN T Counc1l adjourned at ic:ib ATTEST: APPROVED: 3 6 2 9 7/18/83