Loading...
HomeMy WebLinkAbout1983-08-15 City Council Summary MinutesCITY COUNCIL MINUTES ITEM Ural Communications Minutes of May 9, 1983 - Minutes of May 16, 1983 Special Orders of the Day Regular Meeting Monday, August 15, 1983 Item #1, Resolution Recognizing the Achievements of the Palo Alto Employee Corporate Cup Track Team (Pacesetters) PAGE 3 6 7 4 3 6 1 4 3 6 7 4 3 6 7 5 3 6 7 5 Consent Calendar 3 6 7 5 Referral 3 6 7 5 Action 3 6 7 5 Item -#3, Slurry Seal 3 6 7 5 Item #4, Hunan Relations Commission re Subpoena 3 6 1 5 Power -of Rental Housing Mediation Task Force re Renewable Leases Item #5, Planning Commission Recorn endation re Application of Hooper Olmsted & Hrovat Architects for Site and Design Approva_1 for Property Located at 704 Los Trancos Road Item #6, --Ordinance re Mosquito Abatement Item #1, Ordinance re Cable Television item *3, Public Employees` Retirement System re One Year Final Compensation (2nd Reading) Agenda Changes, Additions an 0eict :is Item #9, Public Hearing re Underground Conversion of 4000 Block of Orme - Underground Utility District No. Z5 Item #14'0 PUBLIC HEARING: Planning Commission Recommendation re Application of Ensfallah Developments for a Zone Change from PF to R-1 for Property Located at 3120 Stockton Place (Former De Anza School Site) Item #11, PUBLIC HEARING: Application cf. Clement Chen and Associates for Modification of PC Zone 1637 for _ Property Located at b?5 _ El Camino Real (Holiday Inn) 3 6 7 6 3 6'.7 6 3 6 7 6 3 6 7 6 3 6 7 7 3 6 7 8. 3 6 7 9 3 6 8 3 6 7 2 8/1518,3 ITEM Item #12, PUBLIC HEARING: Planning Commission Recommendation re Application oif EC 1 Development, Inc. for a Tentative Subdivision Map for Property Located at 145 and 165 Hawthorne Avenue Item #13, PUBLIC HEARING: Planning Commission Recommendation re Comprehensive Plan Land Use Map Change for the Area Generally Lying between Foothills Park and Laurel Glen- Drive (The "Hewlett -Mullen Property") Item #14, PUBLIC • HEARING: Planning Commission Recommendation re Comprehensive Plan Land Use Map Change for ITT Property in Palo Alto Bay lands Item #15, PUBLIC HEARING: Planning Commission Recommendation re Comprehensive Plan Land Use Map Change for 461 and 471 Page Mill Road; 411 Page Mill Road, and the Corner of Page Mill Road and Ash Street; 421•-453 Page Mill Road; 481 Page Mill Road and 2805 El Camino Real ltom #16, PUBLIC HEARING: Planning Commission Recommendation re Comprehensive Plan -Land Use Map Designation for 42U-461 Jacobs Court item #19, Planning Commission and Architectural Review Board Recommendation re Application o.f. Colurich, Kest, and Associates/Palo Alto Housing. Corporation for Site and Design Approval' for a Portion of the Former Terman School Site at 655 Arastradero Road PAGE 3 6 8 5 3 6 8 8 3 6 8 8 3 6 8 9 3 6 8 9 3 C 9 0 Item #cU, Acquisition of Housing at Terman 3 6 9 9 lteir: #18, Planning Commission and Architectural Review Uoard• Recommendation re Application of the City of Palo Alto Fire Department for —Site and .Design Approval --for Fire Fuel -.Management Project in Foothills- Park Item #17, PU5'LlC. HEARING: Planning Commission Recommendation re Proposed Amendment to Zoning and Subdivision. 0rdi-nance re Location Of Accessory;; Buildings, and Use of Accessory Buildings Item #21, California Avenue Parking Assessment' District Study Item #23, Request of i4aynr Bechtel re Enschede Reyoiution Item #24, Request of Caunc,iimembers Renzel and Cobb re Referral to Planning- Commission of Zoning Matters item #25, Cancellation of September Meeting Adjournment 1983 Council 3 7 0 0 3 7 6. 1 3 7 0 6 3 7 0 6 3 7 0 6 3 7 0 6 3 7 0 7 Regular Meeting August 15, 1983 The City Courc i I of the City of Palo Alto met on this day in the Council Chambers at City Ha l l , 25U Hamilton Avenue, Palo Alto, -at 7:35 p.m. 1 PRESENT: Bechtel , Cobb, Eyerly;Fazzino, Fletcher, Klein, Levy, Renzei ABSENT: Witherspoon Mayor Bechtel announced that a Special Executive Session re liti- gation was held at 6:30 p.m. URAL CUMMUN I CAT I UNS Darrell Pratt, 58b Layunita, Stanford, lived in the area for six months and was astonished at the poor timing of traffic signals, particularly in the L1 Camino/Paye Mill Road/Embarcadero area. Time and energy could be saved .and smog reduced by proper signal planning and he asked if anyone Was doing that, Mayor Bechtel said various lights were being synchronized through a master computer, and the Assistant City Manager would have an appropriate staff member contact him with more information. MINUTES OF MAY 9 , 1983 ■110 i•.MMi 1 M• Councilmember Fletcher subrn tied the following correction: Page 3259, last parigeaph, line 11, revise sentence to read "%t head the best fare box...", by deleting "-She.used the bus- service extensively, and said..." Count i member Klein had the following corrections: Page 3445 line 4, should read "Ryland Kelley, a partner with the red es firm of Hare, Brewer & Kelley, Inc..." Pay a 3210 tine 22, amended to read "...predicted it would receive a avoor e reaction..." MOTION: Councilmember Fletcher moved, seconded by Klein, ep- prove] of the minutes of May 9, 1983, as corr=ected. MUTIQ?I PASSED unanimously, Witherspoon absent. MINUTES OF MAY J6 1 9 3 Councilmember Ren3.el had the following correction: 3311 line 30, to end with the insertion of the following words: "without the obligationsmade to the original tenant." Counci ]member Klein, had the following correction: Page 3299, line 11, replace the words "do so" with "charge itTM. MOTION: Councilmember Fletcher waved, seconded by Fletcher, ap- proval of the minutes of Nay 16„r1983 as corrected. MOTION PASSED unanimously, Witherspoon absent. 3 6 7 4 8/15/83 11L_M #1 rESUL UTlUN RECU !LING THE ACHILVEMNTS OF THE PALO ALTO J S Mayor Bechtel said the City of Palo Alto Pacesetters took first place in the regional championships and first place in the netion- el championships of the Corporate Cup. Twenty-three teams com- peted in the "A" division, and. the Palo Alto Pacesetters were awarded five silver and one bronze medal. The team was composed of 34 runners and four pit crew members from all City departments. The Pacesetters competed in the Corporate Cup events for the .past seven years, and 1983 was the first year the team placed number one in the regional and national championships. She congratulated the Palo Alto Pacesetters on their extraordinary success, and wished them greater success next year. MOTION: Councilmember Cobb moved, seconded by Fazzino, approval of the resolution. RESOLUTION 6166 entitled "RESOLUTION OF THE COUNCIL OF THE CITY O' PALO ALTO RECOGNIZING THE ATHLETIC ACHIEVEMENTS OF THE PALO ALTO EMPLOYEE CORPORATE CUP TRACK TEAM -(PACESETTERS) AND CONGRATULATING THEM OM THEIR SUCCESS IN THE 1983 CORPORATE CUP NATIONAL CHAMPIONSHIP* MOTION PASSED unanimously, Witherspoon absent. Mayor Bechtel requested that the Pacesetter representative come forward and accept the resolution and the Council's congratula- tions. She believed John Northway was Palo Alto's fastest Plan- ning Commissioner ever. Mr. Uortrr:way accepted for the Pacesetters and thanked the Council, and said he was privileged to accept the resolution on behalf of his team members. Et was always fun to win --especially a national championship. CONSENT CALENDAR Mayor Bechtel noted that Item #2 was cancelled from the agenda. MOTION: Cuunci ime*ber Eyerly moved, seconded by Cobb, approval of the Consent Calendar Items 3 through 8. Referral None Action ITEM #3 SLURRI SEAL (CMK:449:3 Staff recommends thave the Mayor be authorized to execute a con- tract with Ted H. Jenkins in the amount of $73,237.31, and that staff be authorized to execute change orders to the construction contract up to $Ib,UOU. AWARD OF CONTRACT Ted R. Je kins ITEM #4 1WMAN RELATIONS CUMMISS,ION RE SUBPOENA POWER OF RENTAL: --HOUSING sMEDITTIWTTCSK FORCE k RENEOABL IEASES .The human Relations Commission recommends 'that subpoe►;a power authority.-. not --be conferred on the Rental_ Housing Mediation Task force and that it Continue to function a3 currently )-rrga,rized., 3 6 7 5 8/15/83 IEr'! R ! `E ULUTlt' �',E4:t;i iLU1U iii. ACrILVEMLN 5 OF THE PALO ALTO EIVE-OTE TIRATE—CUT-TTAI-KTLAM [PACESETTERS I Mayor Bechtel said the City of Palo Alto Pacesetters took first place in the regional championships and first place 'n the nation- al championships of the Corporate Cup. Twenty-three teams corn- peted in the "A" division, and the Palu Alto Pacesetters were awarded five silver and one bronze medal. The team was composed of 34 runners and four pit crew members from all City departments. The Pacesetters competed in the Corporate Cup events for the past seven years, and 1983 was the firs':; year the team placed number one in the regional and national championships. She congratulated the Palo Alto Pacesetters on their extraordinary success, and wished them greater success next year. MOTION: Councilmember Cobb moved, seconded by Fazzino, approval of the resolution. RESOLUTION 6166 entitled 'RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO RECOGNIZING THE ATHLETIC ArHIEYEMENTS OF THE PALO ALTO EMPLOYEE CORPORATE CUP TRACK TEAM (PACESETTERS) AND CONGRAIuLAT1NG THEM ON THEIR SUCCESS IN THE 1983 CORPORATE CUP NATIONAL CHAMPIONSHIP" MOTION PASSED-- unanimously, Witherspoon absent. Aayor Bechtel requested that the Pacesetter representative come forward and accept the resolution and the Council's congratula- tions. She believed John l.orthway was Palo Alto's fastest Plan- ning Commissioner ever. Mr. Northway accepted for the Pacesetters and thanked the Council, and said he was privileged to accept the resolution on behalf of his teary members. It was always fun to win --especially a national championship. CONSENT CALF-N)AK Mayor bechtel noted that item #2 was cancelled from the agenda. MOTION: Counc1lmember. Eyeriy moved, seconded by Cobb, approval of the Consent Calendhr Items 3 through 8. Referral None Action aL�c�[tt� SEAL (i:Mlt:449:3 Ya�liYll�/�41rI.��I�Il�1�YW� R1�W���7�� Staff recommends that the Mayor be authorized to execute a con- tract with Ted R. Jenkins in the arr' unt of $73,237.31, and that staff be auth.rized to execute change orders to the construction contract up t $15,UUU. AWARD OF CONTRACT Ted R. Jenkins - SUBPOENA POWER OF RENTAL WiliSiliTliUMATTUN-1764C—FWCE Kt RENEWABLE L S S -- The Human Relations Commission recommends that subpoena power authority not_iae conferred on the Rental Housing Mediation Task -. Force and that it continue to function as currently organized. 3 6 7 5 8/15/83 ITEM #b. PLAMNIN,; COMMISSION RECOMMENDATION RE APPLICATION OF UtJ1JY R ULMw 1 I1RUYRi RRCI1! l LCTS FUR SIT R R Lii OT AT 71)4 LO ; RONC[ S ROAD Planning Commission unanimously recommends approval of the appli- cation of Hooper Olmsted & Hrovat Architects for Site and Design approval of a single family dwelling, detached guest house, and swimming pool to be located at 1U4 Los Trancos Road with condi- tions and finds as follows: APP U AL That the proposed single family residence, detached guest house, swimming pool, _.-and landscaping plan will not have a significant negative impact on the environment. Conditions 1. ;Uefore a building permit is issued, final drainage plans in- corporating the soil erosion techniques recommended by the soils engineer shall be submitted to the Public Works Depart- ment subject to approval by the City Engineer; 2. An automatic fire sprinkler system shall be submitted to and approved by the Fire Department prior to the issuance of a building permit; 3. The building shall meet all of the requirements of the Uniform Fire Code for buildings in the hazardous fire area; 4. The stucco shall be an earthtone color that blends in with the natural surroundings, and the tile. roof shall be genuine clay tiles; 5. No grading shall occur during the rainy season --November I April 3U; t,. Use of fire resistant jute mesh Shall occur within any areas where the slope of fill exceeds a ratio of four to one (hori- zontal to vertical); and That exterior lighting be efficiency, low illumination fix- tures, designated and located so as to minimize visibility from off -site. f 1LM 06 ORDINANCE RE MOSQUITO ABATEMENT (CMR:451 3) Staff recommends that Council adopt the attached Mosquito Abate- ment Ordinance. ORDINANCE FOR FIRST READING entitled 'ORDINANCE OF THE :. 'ECTO ADDING CHAPTER 9.78 TO TITLE 9 OF THE PALO ALTO MUNICIPAL CODE RELATING TO MOSQUITO ABATEMENT" ITEM #1, URUINAPICE RE. CABLE TELEVISION The City Attorney recommends approval of the ordinance re cable television. Q11UINANC£ FOR FIRST READING entitled 'ORDINANCE• OF THE COUNCIL OF 1HE CYlY OF PiT6 ALTO AMENDING TITLE 2 OF THE PALO ALTO MUNICIPAL CODE. TO ADD CHAPTER 2.10 RELATING TO THE AWARD BY ORDINANCE OF CABLE TELEVISION SYSTEM FRANCHISES BY THE CITY COUNCIL'" ITEM #8 PUBLIC " MPLUYEES' RETIREMENT SYSTEM RE ONE YEAR FINAL M Sly nrf eading ORDINANCE 3456 entitled "ORDINANCE OF THE COUNCIL OF THE 'CITY UF' PALO ALTO AUTHORIZING AN ANENDMENT TO THE CONTRACT BETWEEN Ain C 1 TY 'OF PALO ALTO AND THE BOARD OF 3 6 7'6 8/15/83 MU T IUii CUh l 1 NUEf) ADMINISTRATION Or THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM" (1st Reading 7/18/83, PASSED i-0, Fazzino, Levy absent) MOTION PASSED unanimously, Witherspoon :absent. AGENDA CHANGES. AL)UII1ONS AND DELETIONS MOTION: Councilmember Cobb moved, seconded by Levy, that Item #22, Request for Council Direction re Special Study of Mixed Use Plan for Former Maximart site, be continued to a date as early in September as possible. MOTION PASSED unanimously, Witherspoon absent. MOTION: Councilmember Cobb moved, seconded by Fazzino, to place Item #17, re Public Hearing for Zoning and Subdivision Ordinance changes at the end of the agenda so that it might be continued in the event it was too late for the public hearing. t;ouncilmember Fletcher said people in the audience came to speak to that item, and she preferred to see how the agenda flowed be- fore making that decision. Councilmember Renzel concurred with Councilmember Fletcher, and sugyeeted that a motion to continue be: made later in the evening if necessary. Councilmember Eyerly agreed. The proper time to address the mat- ter was at 1U:30 p.m., and a decision could be made at that time. MOTION WITHDRAWN. MOTION!: Councilmember Cobb moved, seconded by Fazzino, to con- tinue Item 117 re Zoning and Subdivision ordinance changes until August 22. Ms. Lee reminded -the Counci vacations on August 22. po sible staff shortages due to Councilmember Fletcher as nut convinced the preceding• items would be Bengt iy, and believed no decision should be made until 10:30 p.ns. Meyor $echtel concurred with Councilmember Fetcher. MOTION FAILED BY A VOTE OF 2-4, Cobb and Fazzino voting "aye,' Witherspoon absent. Mayor Bechtel shared the concerns of the CoUncilnembers, and was appalled at the site and complexity of the -agenda. Many -planning i ter►is were involved and i'ere the results of five or six Planning Commi ssi en eeeetines. She urged staff to arrange a more even a Benda. Counci lheober R .nz;1l concurred with the -request for a more even scheduling of the agenda. #�'ianning items .,rrere an _important part af. ttse t:ounci I 's work and dersions constituted a permanent change to the -fabric of the City. The Council and° public needed suffi- .cient time to deal with such issees, and she .believed .that after one conceited sheeting }and a -one hour meeting :Such.A large agenda was improper. i.TtM W9, PUBLIC HLARING RE UNIIERGROUNI3 CONVERSION OF 4U00 BLOCK OF URI E - UNDERGROUND U (1L I I Y DISTRICT N(%. 25 Mayor Bechtel said that on May 16, 1983 the Council adopted Reso- lution No. 6119, Resolution of intention to Amend Section 12.16.U20 of Chapter 12.16 of Title 12 of the Palo Alto Municipal Code by Establishiny ,Underground Utility District No. 25. By that resolution, August 15, 19113, at the regular time aid place of meeting of the City Council, City- Hall , Palo Alto, California was established as the time and place for the Council to hE;ar all pro- tests and receive evidence for and against the formation of under- ground Utility District No. 25, and consider and determine whether the public necessity, health, and safety require the establishment of the district and the removal of poles, overhead wires, and as- sociated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or sirnilar associated services in the district. August 15, 1983, was also the time and place for the public hearing on the matter of the,specidl assessments for the project. For purposes of conduct- iny the hearing, Council would first receive a report on the proj- ect from City staff covering the scope a.nd extent of the district, the work to be done, and how it would be financed. Then, Council would hear from interested persons, who wished to speak for or against the project and/or ask questions. People desiring to speak on the issue, would fill out a card identifying the item and give it to the City Clerk. Any written protests against the proj- ect that had not yet been filed would also be filed with the City Clerk. Chief Electrical Engineer Jack Taylor said the work was requested by the property owners involved. He snowed a map of the 4000 block of Orme which indicated that two of the properties fronted on Los Robles. A petition «as signed by the 20 of the 22 property owners involved, but since that time, two of the properties chanyed hands, and one new owner submitted his written approval. The Council passed all the prerequisite resolutions to establish the two parallel procedueLs required --one to create the under- ground utility district, and the other to create an assessment covering the owners' shares. The underground district was created under -the local benefit provisions of Utility Rui.e and Regulation 12-A, the cost was estimated at $86,600, of which $13,200 was for system Oetterraent for the utility. Three-quarters of the remain- der would be contributed by the City, and one -quarter would be assessed. Aesthetics were the primary consideration when making assessments, and since the two corner lots had frgntage on a street faro polee were not being rernov-ed. they were\ given half assessments. The present street lighting was en the poles;' and would be replaced with luminaires sirnilar to many installed in town. Since there were no curbs, the lights would be mounted on 3U -inch concrete pedestals, which were more effective barriers to cars than the normal aluminum poles. There were no other unusual features in the project. Mayor Bechtel declared the public hearing open. Allan Berman, 4032 Orrrie Street, =represented the bulk of petition -tsiyners, and was available to answer questions. Lob -Moss, 4010 _Urine Street, asked about the assessment procedure. Wien the petition was circulated, it was said that the assessment would be payable over, a 10 -year period if' the dS sessee desired. Section 12 of the ordinance stated that all sums.assessed were due and payable within 30 days. He asked which was Correct, and for terms and conditions, if term payments were allowed, Otrerwise, he htl.d' no objections to the project. He asked if it was necessary to record an official lien against= the.property-"if the assessment had. -to be paid off within 30 days. Mayor Bechtel receiving no further.requ sts to speak, declared the public hearing closed, She asked the Assistant .City Clerk if any written ;apposition was received. 3 6 i 8 8/15/83 Assistant City Clerk Gl vrja Yuunly Sd ud nu. Mr. Taylor said iri response to Mr. Moss' question, that the assessment deadline for cash payment woul-d be given when the of- ficial notices were issued. If the deadline was not met, the Council would pass a resolution declaring a list of unpaids, which would be sent to the County, who would. collect on behalf of Palo Alto. It would yo to bond .at the int.trest rate in force at that time, and the total would be repayable over 10 years. In tnat event, a lien -would be placed against the property. There would be a prepayment penalty. MOTION: Councilmember Henze] moved, seconded by Levy, approval of staff recommendations re Orme Street Underground Utilities Uistrlct No. 25 and Orme Street Underground Utilities Assessment District No. 25. URME STREET UNDERGROUND UTILITIES DISTRICT NO. 25 ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE CITT OF PALO ALTO AMENDING SECTION 12.16.02U OF CHAPTER 12.16 ESTABLISHING UNDERGROUND DLSLK1CT NO. 25" ORME STREET UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 25 RESOLUTION 6167 entitled "RESOLUTION OF THE COUNCIL OF ALTO OVERRULING PROTESTS" RESOLUTION 6168 entitled "RESOLUTION OF THE COUNCIL Of F PALO ALTO DETERMINING CONVENIENCE AND NECESSITY,. ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, DIRECTING RECORDING AND FILING OF ASSESSMENT, ASSESSMENT DIAGRAM AND NOTICE OF ASSESSMENT, APPOINTING COLLECTION OFFICER, AND PROVIDING FOR NOTICE TO PAY ASSESSMENTS" Mayor Bechtel said she strong l,y approved of neighborhood improve- ment throuyh voluntary efforts on the part ,of residents. MOTION PASSED unanimously:, Witherspoon absent. 1TtM itIU, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE APPLICATION OF ENSHALLAH UEVELUPMENfS FOR A LONE CRANGE FROM' P F TO U K LOCA Etl 2U S10CKTU LAC 0RM li ANZ Planning Commissioner Helen4 Wheeler said there were two excep- tions to the Planning Commission recommendation: Condition No. -9 relating to the replacement of fencing allowing more flexibility i n Oeiyht to accommodate a difference in grading between new and old parcels was modified; and Condition 13 was deleted. Major points of discussion were the preservation of redwood and other trees on the site, and concern was voiced about the design of the subdivision related to the portion of ;and the Cit}- would acquire under the Naylor Act provis.Ions. The public and the Commission believed that a different configuration of -the City acquisition might have affected the School,District's remaining portion of the subdivision to yield smaller lets- for the District, and a joint process t:ould make the items more compatible in the foture. The 8MK selection ort one of the lots for duplex zoning conformed ,with 8MR provisions put in place by the Commission and Council -for the Crescent Paris and Ortega schools. . The Commi slion unanimously recommended approval of the .Comprehensive Plan Land Use Map change frog School District Lands to Single Family Residential and Public }'ark, for a Zone Change from PF (Public !acilities) to R-1 (Single Family Residence District) and R-2 (Two Family Residence District - Lot- 15 only), and subdivision of one parcel into 19 lots, with conditions, for property the located a.t320 Stockton PT:ace (for- mer,.Ue Afza School site). 3.6 7 9 8/15/83 ;l emb Re ' referred to var lattions in fence heights dun: CoCinc # iic{3EU�r i���c.� rep ci r to grade differentials, and said that substantial variations were - a matter for concern because there was an agre:=ment that the main part of the site could -be sloped forward, and the rear setback area would leave property at the-existL g grades, to avoid a differential at the property line. She asked if that•,could .be done. Zoning Administrator Bob Brown said the main floor elevation of the homes would be raised by three and one-half feet, either by higher foundation or raising the grade of the site, or a combina- tion of the two. That would be worked out between the applicant and the Public Works Department to ensure an adequate drainage plan and no drainage from the new subdivision onto the adjoining site. Councilmember Renzel was concerned that the drainage plan did not cause a big differential at the property line, and asked if it should be specified as a condition. Mr. Brown said he would be reluctant to impose a restriction that might make the subdivision unfeasible, and offered to pass on any preferences to the Public Works Department. A condition might limit flexibility, and he preferred a motion stating the Council's preference. Councilmember Renzel referred to Ms. Wheeler's remarks concerning the creation of so many large lots, when standard, rectangular lots would aot create the potential in one small cul-de-sac for cottage lots. She asked if other configurations for smaller lots were considered. Mr. Brown commented that it was not unusual for lots to be large in cul-de-sacs. The area contained many cul-de-sacs with larger lots, but so far no applications had been received for cottages, although it could happen. Councilmember Renzel believed that by extending the street with the bulbs at the end, the width of the lots would permit one or two more standard, rectangular lots. Mr. Brown said applicants were discouraged from extending the bulbs too far into the property. Councilmember Cobb thanked the School District and its representa- tives for their appropriate and enlightened action in resolving the question of setbacks on the last school property that was handled. He asked whether a similar controversy might arise at Stockton Place. Mr. Brown said it was an R-1 neighborhood, and there would be standard six foot setbacks for the sides. Councilmember Cobb said he could not locate the Exhibit A men- tioned in the packet. He believed the portion of property that was part of the Naylor provisions should be specified in the reso- lution as dedicated parkland. Mr. Brown said the acquisition, would 'occur when the property was pu '..hased by the City from the District. At that time "a Parr Dedication Ordinance would be prepared. Councilmember Cobb suggested that in the interest of clarity, the area be specified on the maps. Mr. Brown_ said the ordinance for rezoning indicated the areas in question. The area to be purchased as parkland would remain as P -F. The area to be changed in the Comprehensive Plan from school district lands to public parks was called out, and .clearly defined in the resolution atta.4hAent. 3 b 8 0 8/15/83 As Corrected 12/12/83 Councilmember Cobb referred to the Planning Commission discussion regarding the inadvisability of leaving the fate of the trees ..it the back of the property in the hands of the purchaser, and ne asked about the current status. Mr. Brown said that condition No. 10 required that all existing trees shown on the lot be reviewed by the City Arborist and re- tained where healthy and feasible, and would have to be left by the School District when putting in the improvements., Councilmember Fletcher asked for clarification of the street widt1) because Condition No. 3 required a minimum curb radii of 30 feet, and she read the map as allowing i'or 50 feet. Mr. Brown said that condition re,erred to the radii in the cul- de-sac bulbs. The right of wa.y width would be 50 feet, and the paved width 40 feet, consistent with streets in the area. Mayor Bechtel declared the public hearing open. Gerry Steinberg, consultant to the School District, responded to the question on the lot size. Due to the nature of the parcel re- maining and the cul-de-sac length requirement, the School District engineers were unable to come up with a solution yielding more lots. Mayor Bechtel receiving no further requests from the public to speak declared the public hearing closed. MOTION: Councilmember Cobb moved, seconded by Fazzino, for the Comprehensive Plan Land Use Redesignaition and Zone Change, to adopt the Planning Commission recommendations that the proposed amendment of the Lend Use flap from School District Lands to Single Family Residential and Public Park be approved and the change of zone from PF (Public Facilities) to R-1 (Single Family Residence District) for seventeen lots and R-2 (Two Family Residence Dis- trict) fof . one lot be approved until such time as a Planned Com- munity zone providing for two for -sale 8NR units is approved; that a finding of no significant environmental impact be made, and ma;:e the following additional findings: 1. The proposed land use and zoning designations are consistent with the housing objectives and policies of the Comprehensive Plan which call for maintenance of the existing character of development of residential neighborhoods in that proposed lot sizes are consistent with surrounding single family proper- ties. The single family land use will also 'provide housing opportunities for the development of new single family resi- dences. Vacant land for such single family development is very limited within Palo Alto. row the Subdivision Adopt Planning Commission recommendation that a tentative subdivi- sion map of 18 residential lots and one lot to be acquired by the City for park expansion be approved finding that the subdivision will not have a significant impact on the environment and that the proposal, including the design and improvement, is consistent with the adopted Comprehensive Plan, 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 proposed development; that the subdivision is not likely to result in serious public health prob- lems; that there are no conflicts with public easements and find- ing that for the exceptions for lot width on Lots 5, 6, 7, 3, 14, 15, 16 and 17 and lot depth . on Lot 16: 1. There are special circumstances or conditions effecting the property including the fact that the exeptions are required for lots which are located en cul-de-sac roadways and that the lots are proposed in a wedge shape , between cul-de-sac bulbs and the squared boundaries of the property; 3 6 8 1 8/15/83 MOTION CONTINUED 2. The exceptions are necessary for the preservation and enjoy- ment of a substantial property right of the petitioners; 3. The granting of the exceptions will not be detrimental to the public welfare or injurious to other property in the vicinity in which the site is situated in that increased density or development potential will not result from these exceptions and thrt the lot area for the subject parcels is well above the minimum for the zone district; and 4. The granting of the exceptions will not violate the require- ments, goals, policies or spirit of the law in that the excep- tions are minimal in size and compensated by increased lot area. Subdivision map approval is subject to the following conditions: 1. The applicant shall submit drainage study including calcula- tions demonstrating that the capacity of the existing storm drainage system has not been exceeded prior to submittal or engineering plans for site improvements; 2. All livable floor levels for future structures shall comply with the requirements of the -Flood Hazard Reduction Prograce and be a minimum of 7e5 feet above mean sea level; 3. The new street to be constructed to the satisfaction of the City Engineer. Minimum curb radii shall be 30 feet, and cul- de-sac radii of 40 feet; 4. Fences shall not be erected closer than 10 feet from face or curb. This will allow unrestricted access by City staff; 5. A public utility easement (POE) shall be shown on the final map in compliance with teal; shown on the typical Street sec- tion. A PUE shall also be granc,ed to the City over existing storm drain lines; 6. Subdivider shall grant fee title to the City for the streets shown on the map and shall offer these streets for dedication to the public in the Owner's Certificate on the map; ►. Subdivider shall subs t construction plans for the improve- ments ,proposed to the City Engineer for approval. These improvements shall be constructed prior to recordation of the map or a subdivision agreement with the City of Palo Alto; U. Prior to submitting a final map the subdivider shall submit a detailed soils report; 9. The exi sti r!y perimeter fences of the site shall be removed and replaced with new fencing appropriate to the site and grading. conditions. ;toe fence design and removal/replacement plan shall be subject to AR$ review as a regularly scheduled item and notice shall be given to the adjoining property owners. 10. All existing trees shown within proposed residential lots shall be reviewed by the City Arborist and retained where healthy and feasible. A tree planting program for all street frontages and north and south site perfecters shall be sub- mitted by the developer to the CityParks-Departeent and shall be subject to the approval of the City Arbori st 11. All electric service ,systems including communication systems Shall be installed underground by the developer; and 3 6 8 2 8/15/83 MOTION CUNT INUEU 12. Street lighting in conformance to City standards shall be pro- vided by the developer. Plans for street lighting shall be approved by the Chief Electrical Engineer prior to recordation of the final map, Further, that the Council express a prefer- ence that the drainage requirements of the City. Engineers be met without grade differential at the property line to the extent possible. RESOLUTION 6169 entitled "RESOLUTION OF THE COUNCIL OF LO ALTO AMENDING THE PALO ALTO COMPREHEN- SIVE PLAN BY AMENDING THE LAND USE DESIGNATION OF A PORTION OF THE PROPERTY AT 310 STOCKTON PLACE (FORMER DE ANZA SCHOOL SITE) FROM SCHOOL DISTRICT LANDS TO SINGLE FAMILY RESIDENTIAL AND PUBLIC PARK" ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) 10 CHANGE THE CLASSIFICATION OF A PORTION OF THE PROPERTY KNOWN AS 3120 STOCKTON PLACE (FORMER DE ANZA SCHOOL SITE) FROM PF TO R-1 AND R-2" MOTION PASSED unanimously, 8-0, Witherspoon absent, 11EM #11, PUBLIC HARING: APPLICATION OF CLEMENT CHE[N AND 5 R M4 A UN OF C ZONE 263 I! L Planning Commissioner Helene Wheeler said the proposal was for a series ofesmalt additions to the facility, few of which would be ✓ isible -to the public. Or;e would be. renovation' of the service yard, entrance, and- surrounding wail, and conditions to preserve significant trees on site had been made The Architectural Review Board (AKB) recommendations were compatible with those of the Plan- n ing Corir;fission. Councilmember Renzei said .the staff report did not list the 1975 amendments, which were approvals of 'as built' facilities. Zoning- Administrator Bob .Grown confirmed that the 1975 -amendments were "as built" improvements adopted by the Council. Counci !member Renzei asked how staff could monitor the wedding reception facilities to ensure they were not put to other uses. Hr. brown said site inspections wou`l`d have to be made as was the case at present with the -downstairs meeting facilities because only a certain square footage could be used for meetings at any one time. An inspector made a spot check e'vLry tw6'or _three months, ar;d to believed the Wedding pavilion should be subject to the same survei l lance. Counci Imemb►;-r Menzel asked what happened if the paviiliof was found to be :Used fer other than a . wedding reception during -a spot inspections Mr.:. . "on sa i"s, the applicant would .be notified 'of the improper u se, and a note made in the.:file, More frequent inspections would then be made. Mayor Bechtel declared the public hearing- open. Receiving no requests frowthe public to Speaks -She declared the public'hearing, closed. Counci lmerber Menzel sold earlier amendments' hod voter approval because the Holiday Inn was touted as having a "campus -like" atmo- sphere. At least one amendment legalized the use of, 5,000 square' 3 6 8 3 8/15/83 feet of "storaye space" for which no parking was provided. Of that, Z,5UO square feet was converted to usable space in 1975, thus intensifying the use beyond that approved by the voters. The current request also intensified the use although staff did not agree. She did not think the_new space would be used solely for weddiny receptions, and she could see no reason for further amend- ment of the PC approved by the voters. 1 8 MOTION: Councilmember Eyerly moved, seconded by Fazzino, to adopt the Planning Commission and Architectural Review Board recommendations that the proposed amendment to Planned Community District Number 2637 is consistent with the Comprehensive Plan and will not have a sig- nificant impact on the environment and approve the application thewith following conditions: 1. Use of the proposed wedding reception hall shall be limited to weddings and similar religious/social functions and shall not be used for meetings or similar business assembly functions; Z. Should the City require access from the parking area to a pos- sible frture roadway, the applicant shall remove the four parking spaces and landscaping now shown occupying the two previously proposed access points and shall regain four park- ing spaces elsewhere on-site by restriping existing parking areas for additional compact spaces; and 3. The wedding pavilion is approved in concept °Wins to be locat- ed within the new enclosed patio area. The specific design shall return to the Architectural Review Board as a minor amendment to the PC zone. The applicant shall include a report on the condition of the patio oak tree, and if proposed for removal, shall submit a revised landscape plan with a replacement tree program included. ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE ALTO AMENDING PC ORDINANCE NU. 2+37 APPLYING TO PROPERTY KhOgn AS 625 EL CAMINO REAL' Counci :member Fazzino, having recently looked for a wedding recep- t on hall, agreed with the Planning Commission that more - such na l l s were needed i n .Palo Alto, but shared Councilmember Renzel',s concerns regarding possible traffic problems caused by business meetings duririy the week. In view of the past history alluded to ay Councilmember. Menzel , he asked how the area would be policed. Chief Planniny Official Bruce Freeland said periodic spot visits would be made to determine the situation. Councilmember Renzel urged her `colleagues to vote against the motion. it was a difficult site to monitor, and staff enforcement officers should not be required to check the facility more fre- quently. She also.questiorted the need to intensify the use. Councilmember Eyerly believed the applicant filed for a viable use. It was addressed .by the Planning Commission -and the ARB and found to be Compatible with the PC zone. The application must be accepted in good faith; but, if the applic nt did not live Up to his promises, the Council could take other actions. Counciloember. Renzel said warnings to the applicant were generally unsuccessful, and it took drastic monitoring before a cease arid desist could be entered. POTION PASSED by a vote of 7-1, Re*tel voting "no," Witherspoon absent. 3 6 d 4 8/15/83 ITLM 012 PUULiC IILAR1NG. PLANNING COMMISSION RECOMMENDATION RE UR PKOPERTY LOCOED AT 145 ANO 165 HA i1'bRN U Planning Commission Chairperson Helene Wheeler said the Planning Commission unanimously approved the application, with conditions, because it conformed to the City's policy on replacement of exist- ing housiny to provide family -sized units and was compatible with the existing neighborhood which was a mixture of zones. Counci lrnember Klein said there appeared to be -confusion in the minutes about whether there were three or four existing units on the site, and he asked for clarification. Chief Planniny Official Bruce Freeland responded that three units were legally on file, and a fourth illegal unit might be occu- pied. Mayor Bechtel declared the public hearing open. Gary (,-ummi nys, 201 High Street, Palo Alto, lived directly across the street from the major residence to be replaced. Although he and his neighbors did not oppose change and increased density per se, he disagreed with the Planning Commission that the new project would blend in, and asked that the EC1 project be amended to do so. The house in question was a substantial, well-preserved, prairie -style .home, which was rare on the Peninsula. The three houses marked for demolition served as four separate dwellings -- the old house having been divided into two separate flats. Even if n 1 leya 1 , it was a feature of the house for at least 20 years. Iwo dwellings for moderate income families would be replaced by three twos -family houses for high income families. Mike Lee, - 163 Hawthorne, was an architect and spoke at the Plan- ning Commission rneetiny of July 27 in opposition to the demolition of 145 Hawthorne. He referred to the architectural value of the building and its excellent condition, and suggested that people be mode aware of important meetings by registered mail. The current resident had only a month before vacating the premises. The area was handsome and reminiscent of the mid -west. The neighborhood support was outstanding and people could not believe that 145 Hawthorne would be destroyed. He spoke of a stucco condominium on Bryant that blended in well, and another old house there had con- dominiuuts tucked in behind, which he believed was the proper way to handle housing . Millie Davis, 344 Tennessee Lane, recalled two:prev ous decisions by the Council that helped preserve low to, moderate- income rental units, A similar demolition proposal, also on •Hawthorne, was re- jected by the Council two years ago, and the house was still standiny. The new RMI) zoning allowed an extral unit to be built on a site, th=us discouraging demolition of older homes because high - density projects could not be built. Older homes appeared t.o be the only way to provide low to moderate- income rental units, new condominiums were expensive, and even below -market -rate .units re- oUired a yearly income of $2&,000 to $32,0O0. She asked the Coun- cil to consider. the two -past decisions before voting, and to look for other areas where the--Ri1 zone would help preserve older homes. Uon Ross, 116U -Chestnut, Menlo Park, represented ---the applicant.- Ke showed pictures of the project, and explained- that the six partners intended to own and live i.n the units or rent them out. The units would_ not be for sale. A resident of 165 Hawthorne was one of the partners and would -- 1 ive in the development. Use -of _.the: existing structure had been considered, but problems of parking, and retention of the redwood tree did not allow .it. Despite the outward appearance, 145 Hawthorne was not substantial; Portions had no foundation, and there was extensive termite damage. Relo- cation of the house was being considered. The Palo Alto Housing 3 6 8 5 8/15/83 Corporation Was interest.ed, but no City lots appeared available. Much effort was made to design the condominiums for families, with -three or four bedrooms, and private yards. Mayor Bechtel declared the public hearing closed. Cauncilmember Eyerly said the plans allcning retention of the red- wood tree and showing lower density towards th»» R -I were signs of ',loud faith of an attempt to fit into the neighborhood. He had read the reports, and was satisfied that the plumbing, electrical and termite problems constituted an unacceptable expense in re- taininy the house. He did not- -think it fair to ask owners of older hones to subsidize low income housing. MOTION: Councilmember Eyerly moved, seconded by Bechtel, to adopt the Planning Commission recommendations that the project, including the design and improvements (e.g., the street align- ments, drainage and sanitary facilities, locations and size of all required rights -of -way, lot size and configuration, grading, and traffic access) are consistent with the adopted Comprehensive Plan and comply with the Subdivision Pap Act and Title 21 of the Palo Alto Municipal Code; that the project will not have a significant impact on the environment nor be likely to result in serious pub- lic health problems; that the site is physically suitable for the type and tensity of the proposed development; and that there are no conflicts with public easements, and finding: 1. The proposed project, together with its design aad improve- ments is consistent with the Comprehensive Plan which encourages low -density multiple family construction where multiple -family area abut single family areas; Z. The proposed project, together with its design and improve- ments is consistent with the Palo Alto Comprehensive Plan Housing objective: "It is important to maintain the character and physical quality of residential neighborhoods..." in that the scale and orientation of this project emphasize a single- family look which is in conformance with the physical appear- ance of the residential area to the north of this site. The transition from multiple -family to single --family use is thereby made less obtrusive; 3. The proposed project, together with its design and improve- ments, is consistent with the Palo Alto Comprehensive Plan Housiny Objective: "It is important to maintain a diversity of housing opportunities ...a variety of housing types and sizes" in that this project expands the existing housing opportunities in the area particularly for families with children, thereby offering a different style of housing and constitutes a 100 percent gain in the number of housing units. Approval is made with the following conditions: 1. Abandoned driveways or portions thereof shall be removed and replaced with standard sidewalks, curb and gutter; 2. Concrete slab and bricks in the planting strip between the sidewalk and curb shall be removed; 3. W4 street tree shall be relocated or removed without prior approval of the Parks Department; 4. The new driveway shall be constructed to City standards; b. Drainage into the gutter shall be as per City standards; 6. An overhead clearance of 13'-6" is required along, the driveway; 3 6 8 6 8/15/83 MOTION CUHTINUEU 7. A 2U' -U" clear and unobstructed driveway width is required; and U. The Heritage Redwood tree shall be protected. Councilmember Renzel asked Mr. Ross for the maximum height of the buildings. Mr. Ross said the height limit for the area was 35 feet, and he did not believe the buildings were that high, with the peak of the roof one or two feet below that. The eave line was approximately 18 feet. Councilmember Renzel asked staff about flexibility in design beyond the blueprint that was before the Council, and if any building failing within the height limit.could be built. Mr. Freeland sdid there was much flexibility, and Council would only approve the number of units in concept. ,The blueprint would not be attached to the final, recorded map. Councilmember Fletcher asked for confirmation that the plans would go before the Architectural Review Board before approval. Mr. Freeland said the ARB had seen the plans and were favorably impressed by the design. Councilmember letcher sdid any changes would have to be approved by the AKB. The Council was concerned about demolition of moder- ate income housing. The project fell within the Council guideline that condominiums replacing such demolitions had to be at a ratio of two to one, and she would support the motion. Councilmember Fazzino was not enthusiastic about the demolition, but felt there was no choice. He desired to prohibit the use of "cutsey" names, but believed the project before the Council was attractive, and hoped the ARB would work closely with the devel- oper to ensure conformance with the f`jnal project. He hoped the proposed landscaping on the street would become the norm in the a,ea. t -e understood much work would be involved in saving the oriyinal structure, but was concerned about the loss of historic structures. He reluctantly supported the motion, and expressed fai h that the developers wo=uld hold to the --plans. Councilmember Kenzel concurred with Councilmember Fazzino that the rate of chanye in some older neighborhoods was rapid. She found the design quite sensitive, and asked staff if it would be -Ran ap- propriate amendment to indicate that the final map substantially conform to the blueprint and drawing. City Attorney Diane Lee was not sure whether it would be appropri- ate and believed the AKB approval gave protection. A motion could - refer plans to the ARB if future amendments were made. Mr. Freeland pointed out another consideration for the project des i yn.- A variance was granted which was keyed into the specific Mans, and any redesign would require another,.variance. Councilmember Renzel understood the reasnn for the variance was partly to shift some of the density from one parcel: to the other and also to protect the redwood tree. She did`not see protectian of the tree as one of the conditions of the tentative map, and asked if it was an appropriate condition. 3 6 B 7 8/15/83 Mr. Freeland saw no harm in such a v ovision, although it was thoroughly covered in the ARB approval. AMENDMENT: Councilmember Renzel moved, seconded by Fazzino, that an eighth condition be required, to protect the heritage red- wood tree on the site. AMENDMENT INCORPORATED INTO MAIN MOTION: Councilmember Eyerly and Mayor Bechtel agreed to incorporate the amendment into the main motion. 1 1 1 MOTION AS AMENDED PASSED unanimously, Witherspoon absent. ITEM #13, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE Or. Freeland explained that the change was a routine, technical correction. Mayor Bechtel declared the public hearing open. Rece i v ng no re- quests from the public, she declared the public hearing closed. MOTION: Councilmember Klein moved, seconded by Renzel, to adopt the Planning Commission recommendation that the Comprehensive Plan Lane Use Map designation of the "Hewlett -Mullen" properties be changed from Open Space.,.Controlled Development to Publicly Owned Conservation Lanis. RESOLUTION 5170 entitled "RESOLUTION OF THE COUNCIL OF in -cm OF PALO ALTO AMENDING ThE PALO ALTO COMPREHENSIVE PLAN BY AMENDING THE LAND USE DESIGNATION OF THE PROPERTY KNOWN AS TIDE HEWLETT-MULLEN PROPERTY FROM OPEN SPACE CONTROLLED DEVELOPMENT TO PUBLICLY OWNED CONSERVATION LANDS" MOTION PASSED unanimously, Witherspoon -absent. ITEM #14, PoBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE Mayor Bechtel declared the public hearing open. Receiving no requests from the public to speak, she declared the public hearing closed. MOTION: Councilmember Iazzino moved, seconded by Renzel, to adopt the Planning Commission recommendation that the Comprehen- sive Plan Land Use Map designation of '.15 acres of the ITT proper- ty be changed from Open Space...Controlled Development to Publicly Ironed Conservation Lands (all of the ITT property except the "antenna field"). RESOLUTION 6171 entitled "RESOLUTION OF THE COUNCIL OF PALO ALTO AMENDING THE PALO ALTO COMPREHENSIVE PLAN BY AMENDING THE LAND USE DESIGNATION OF THE PROPERTY KNOWN AS THE ITT PROPERTY IN PALO ALTO BAVLANDS FROM OPEN SPACE CONTROLLED DEVELOPMENT TO PUBLICLY OWNED CONSERVATION LAND" 'NOTION PASSED do nimowsly, Witherspoon absent. 3 6 8 8 8/15/83 ITLH #1b -, PUBLIC HEARIRG i;UMPREHE SIVL PLAN LAND U 'ROAD* 41 PLANNING COMMISSION RECOMMENDATION RE 1 Mir --711U5 E Planning Commission Chairperson Helene Wheeler said the item was -a difficult one because it attempted to create. a holding zone to preserve the current uses and intensity. Mayor Bechtel declared the public hearing open. Receiving no re- quests from the public to speak, she declared the public hearing closed. MOTION: Councilmember Fazzino, seconded by Cobb., moved to adopt the Planning Commission recommendations for approval of a Compre- hensive Plan Land Use Map Change fur 461 and 471 Page Mill Road from Service Commercial to Neighborhood Commercial; and no change to the Comprehensive Plan Land Use Hap designations for 411 Page Mill Road and the corner of Page Mill Road and Ash Street (Light Industrial); for 421-453 Page Mill Road (Single Family Residen- tial); and for 481 Page Mill Road and 2805 El Camino Real (Service Commercial). RESOLUTION 6172 entitled "RESOLUTION OF THE COUNCIL OF PALO ALTO AMENDING THE PALO ALTO COMPREHENSIVE PLAN BY AMENDING THE LAND USE DESIGNATION OF THE PROPERTY AT 461 AND 471 PAGE HILL ROAD FROM SERVICE COMMERCIAL TO NEIGHBORHOOD COMMERCIAL" MOTION PASSED unanimously, Witherspoon absent. ITEM #16, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE S MA A t o dlT —REgiJt T JF APPL (-1-7Nitn Mayor Bechtel informed the Council that the applicant had request- ed to withdraw the appli cation. She declared the public hearing open, ,and receiving no requests from the public -to speak, declared the public hearing closed. MOTION; Councilmember Fazzino moved, seconded by Cobb, to al- low the application to be withdrawn. Councilmember Renzel said she wished to go on record in support of preserving the housing on the site. It was designated R-2 in order to preserve exis inu housing and refs-ect land use. Counci lme'nber Fazzino echoed Councilmember Renzel's comments. The matter should not be brought back to the Council on the lines pro- posed. He was opposed to the' type cif project that was to have -been proposed. Councilmember Cobb agreed. Any project suggested should be cogni- zant -of the fact that it abutted immediately onto an R-1 site. There -should be no three-story, high density -development immedi- ately adjacent to single family .homes, MOTION TO APPROVE APPLICANT'S WITHDRAWAL OF APPLICATION PASSED unanimously, Witherspoon absent. i MU.ION TO BRING FORWARD ITEM 119 SITE AND DESIGN APPROVAL FOR MOTION: Mayor Bechtel moved, seconded by Cobb, to bring forward Item #19 Site and Detign Approval for Former Thrme,' School Site at 656 Arastradero Road. MOTION PASSED,00ranimously, Witherspoon absent. RECESS FROM 9:15 P.M. TO 9:3U P.M, ITEM #I9, PLANNING COMMISSION ANI) ARCHITECTURAL REVIEW BOARD _' L S U S ARASTRAUERU ROAD Planning Commission Chairperson Helene Wheeler commented that tee discussion included the height and extent of a wall, and that the Commission yenerally accepted the overall design of the project. The major items of concern were the height and the length of the wal+ that was to be constructed along the property line rItween the proposes project, the nursery school and Ynigo Way properties. The Commission recommended an eight foot wall height- rather than the staff recommendation of six feet and that construction of the wall take place prior to the construction of the project because it was believed that they needed to be afforded that protection as early as possible. The Planning Commission did,.not make a recom- mendation on the lenyth of the wall, but the Architectural Review Board did. Councilmember Cobb asked for clarification that the recommendation was for a L5 -foot extension, Chief Planning Officio] Bruce Freeland said that was correct, Councilmember Fletcher asked if the project would be built accord- ing to the Palo Alto Municipal Code requirements. Mr. Freeland said yes. Councilmember Levy asked how long it would take to build the masonry. Mr. Freeland said the wall could be erected in a matter of days. The original staff report recommended the wall be erected early in the construction schedule, but preliminary grading of the entire site was necessary The applicant and the Palo Alto Housing Cor- poration representatives strongly believed that the grading needed to occur before the wall was erected. Councilmember Levy said the recommendation was for a black vinyl fence, and he asked if that was essentially the same -as putting in a black vinyl coated cyclone fence. Architectural Review Board Chairman Jon Schink said there was a big difference between _painting a fence and black vinyl coating. The black vinyl coating provided a durable finish which assured an aesthetic fence for a number of years. Councilmember Cobb asked for assurance that everytning possible was done to give the people on Ynigo Way maximum insulation and protection from a site that was going to be developed to a greater intensity than their single family area. He asked about the den- sity of the feliaye which was to provide more of a buffer, and believed they should try to maximize the screening there as much as possible. Mr. Freeland said' a, final landscape plan would return to the' ARB at a later date. The proposed concept.would create a very effect- ive`screen buffer and, in fact, ,the plans wer .hanged during the Planning Commission review period to remove some of the parking from the Yniyo Way back fence line and to add .some depth of land- scape to that particular area. Councilmember Cobb asked if there was traffic circulation immedi- ately behind the houses at the end of that cul-de-sac. Mr. Freeland said that was correct. 3 6 9 0 8/15/83 Councilmember Cobb asked if consideration was given to traffic circulation so that it would not circulate immediately behind the houses at the end of the cul-de-sac. Mr. Freeland said they were able to remove the structures from the area nearest the Ynigo Way property, but to reconfigure the site to move circulation more to the interior would probably force some of the bulidinys closer to the property line. Councilmember Cobb commented that because there was a traffic cir- culation pattern in at least two of the backyards of the immediate: neighbors, the screening should be done with considerable density and depth to ensure those residents adequate protection. Mayor Bechtel declared the public hearing open. Robert Hirsch, partner in Goldrich, Kest and Associates, 15233 Ventura Boulevard, Sherman Oaks, said their firm built the 15b -unit, Palo Alto Gardens development near Middlefield Road on San Antonio. With regard to the proposed development, he met with representatives of the Palo Alto Housing Corporation (PAHC) and discussed the ability to transfer some units for the Section 8 portion of the development. He referred to Councilmember Cobb's question reyardiny traffic, and indicated that the plan was sub- mitted in April. Fie met with the architect and City staff and several changes were made. The previous plans included parking further away from the proposed area., and one set of plans showed the 4U -foot open space- separation between the nursery school and the single-family homes for tine complete driveway, which would have brought the driveway to the corner of the site adjacent to the Woods Nursery School. He assured the Council that the devel- opment would be built and managed as a credit to everyone. Councilmember Cobb asked Mr. Hirsch wi t he would see or hear if ne stood on his porch and had one of the homes al the end of the cul-de-sac on the other side of the property line. Mr. Hirsch said their development would ameliorate most of the noise and improve the view. The soccer field and the baseball diamond were closer now to their backyard'., and the development would be buffered from, the noise with the relocated athletic activities. The landscaping would initially be a mature substance and would grow nicely over the years. The view would probably be the plane of the roofs and some of the second stories beyond that. The wail was an eight foot wa 1 1 and their property would -generally be two feet lower, making a difference of ten feet from the top of the wall to the grade. Harry Wood, 849 Mesa Avenue, Palo Alto, said the -school opened in 19b1 for children ranging from ages three to five. An eight foot masonry well was erected on the east boundary because it was too noisy and dirty for children to go outside even in good weather, and he believed that another similar wall would best maintain privacy, security, quiet and cleanliness, and the one proposed would be more attractive. The -wall should be erected before the commencement of grading and construction to mitigate the effects of the noise, dirt and fumes. He understood, from the Goldrich_. Kest letter of August 8 requesting a time `extension, that con- struction would begin when school recomrsenced. During the last few months, children could not hear the teacher or each -other, and comparing constr+ction times, the new wall would take six to eight working days. The Terman ,working Group, Planning Commission, and ARB .members visited the school and Ynigo Way and understood the problens. They were a -prime example of democracy in city govern- m=ent at its finest. 3 6 9 1 8/15/83 Martin Freeman, 4189 Donald Urive, spoke of the effect of Terman apartment traffic on Donald Drive, and compared present and pr'- jetted situations with his own observations. At the Arastradern' Donald Drive intersection, a new road allowed cars to exit from Terman, and promoted traffic and parking overflow onto Donald .::'rive. The Comprehensive Plan policy was to protect and enhance the desirable qualities of Palo Alto neighborhoods, and low traf- fic on Donald Drive was desirable to him. 13ased on his observa- tions, the Terman project would greatly increase traffic, and he requested that the Council investigate and protect Donald Drive from increased traffic and parking. Marion Hill,_427U Pomona Avenue, supported Mr. Wood and the staff and ARB recommendations to construct a sound wall before major construction began. The noise and dirt problem was real, and new construction would make the problem worse. Plenty of reasons were given at previous meetings to put the wall 25 feet further away to ease the problem of the property owner on Ynigo Way. He urged the Council to approve the conditions as stated by the Planning Com- mission and ARB. Joe Davis, 4218 Ynigo Way, asked that an eight foot wall be con- structed. The extension was on his property line, and because of the new parking layout, headlights would shine into his bedroom. He urged the Counci 1 to approve the ARB recomrneiidati ons. Courrci lmember Cobb asked Mr. Davis if he believed his privacy would be maintained with the eight foot wall, the 25 foot exten- sion and the landscaping. Mr. Davis said it was probably the best solution with the project going back so farms He understood that a 1U -foot wall would be built on the Terman side, and preferred that it be there than on his side because it would devastate his backyard and landscaping. The r sidents asked that the buildings be located as far away as possible. David Sborov, 4225 Ynigo Way, a leader of the opposition to the project, said he reluctantly learned to live with the concept. He pointed out that he was aSsu,ed by the Council in April and the Terman. Work Group Plan that the residents' concerns would be taken into account. He played a recording of the noise from the JCC and parking lot at 7:00 p.m. in his backyard. The screams heard were from a fitness center 2,000 feet away. The high level of noise wa.s a daily Occurrence -and it was encumbent on th,e Council to mi t- loate it. He strongly endorsed the ARE3 recommendations pertaining to the wall, lighting, construction tuning, and even the color of the buildings, and urged the Council to require the wall height to be 10 feet behind the Ynigo residences. The sound study showed that the extra two feet would reduce noise -by 20 percent. He en- dorsed Counci lmember Cobb's recommendation to increase land- scaping. Councilrnember Levy said other neighbors believed an eight foot wall would suffice, and asked if there was a difference of opinion. Mr. Sborov sa, a 10 -foot wall was initially requested, but when they went befored the ARB, it appeared that an eight foot wall was all they could get. Counci lmember Levy asked if their preference was fo a 10 foot wall. Mr. 'Sborov said yes. Floyd Kessler, 4272 Los Palos Avenue, a member of the Terman Work- ing Group, reiterated support for the wall being bul,lt first. He asked for a status 'report on the proposed cha i n link fence. 3 6 9 2 8/15/83 Mr. Freeland said the chain link fence would be on the property line along the Hetch Hetchy and around the parking where the tall wall stopped to the upper corner. The fence was the one along the property line by the housing project. Mr. Kessler asked if the rest of the fence would be torn down. Mr. Freeland said it would not be tors, down beyond the project site. the ARt3 proposed a black vinyl fence along the stretch as- sociated with the housing project:. Mr. Kessler requested, in view of the haste and changes already encountered, that either the Terman Working Group or another responsible party be notified of every deviation and request for change to the builder's plans. Once installation was complete, it was too late to make changes, and he and his neighbors wanted to know about changes. Bob Moss, 4010 Urine, member of the Terman Working Group, agreed with the Planning Commission and ARB recommendations. Regarding Goldrich Kest's letter, he agreed that no delay in erection of the fence should be allowed. The area closest to the nursery school was paved, and tearing that up would cause a lot of noise and dirt. He agreed that a black vinyl fence would be appropriate, and that parking should not be deferred because even three on site parking spaces would discourage parking on the access road. He ageeed with the ARB that the roof vents should be clustered and placed in a chimney. At the ARt3 r;,eeting after the public hearing, the siding was discussed, and the builder wanted to use scored plywood. The ARb3 suggested shingles which was rejected by the builder as being too expensive. The ARb suggested resawn redwood, but no cnanges on siding were irripose.d. He asked for a strong directive for quality siding such as sawn redwood that Would cause r,o delays and would improve the looks and quality. He calculated tfe cost of the vinyl fence and siding and other extras asked for to be $ZU,UUU, or less than one dollar per month, which would be money well spent for a clean, attractive project. Gene Wood, 849 Mesa Avenue, a co -director of the Ruth Wood School, asked that the wall be erected before commencement of grading, and that a tree protection plan be implemented before erection of the wall. The Comprehensive Plan called for sufficient landscaping between the housing units and the adjacent nursery school and church properties to soften visual and noise impacts. A child required a quiet atmosphere, and the noise level over the, past year frequently meant keeping the chi 1 dren indoors at the. school Unless the wall was required of the developer, the current year would De a' repeat of the last. He asked that a eight foot con- crete masonry wall be required before grading began. It was a lot of trouble to save three or four trees --the Tree Protection P13,n was endorsed by the ARB but not implemented, and he asked that the City arborist work with a tree service to locate the roots before the footings were dug. Councilmember Cobb asked if there should be a denser tree shield on the cul-de-sac. Mr. Wood said a redwood was removed from the line of redwoods be- hind the nursery school, and he asked that a large tree be planted there. The hei_yht of trees was important,_a.nd current trees were necessary as new plantings needed years to grow. Councilmember Fletcher asked Mr. Wood if the children were ever taken down the block and across the street to play in the park. Mr. Wood said the children were sometimes -taken to the playing fields at Terman through a rear gate that Would no longer be there. The children were small, and they did not want them to walk along Arastradero, nor did they want to use cars-because.of the laws concerning child safety restraints. 3 6 9 3 >3/15/83 Sam Sporck, 4099 Laguna, asked the Council to uphold the recor=lrieu- dation for an eight foot masonry wall -to be built adjacent to the nursery school and Ynigo Way, and that the wall be completed be -- fore :.he start'uf construction. He asked that the wall be extend- ed an additional 2b feet beyond the Ynigo Way property line, and seconded Mr. Moss' suggestion concerning siding requirements. He believed the project design was good andd-generally sensitive. Sylvia Seman, 3380 Middlefield Road, Executive Director of the Palo Alto Housing Corporation, said the PAHC supported the 19 con- ditions imposed by the ARB and Planning Commission. She did not think the environment would-be destroyed, and. the City needed the rare opportunity to build affordable housing. She hoped the wall construction would not delay the project, and commented that her house was made of texture 111 plywood, which was not an eyesore and was durable. Mr. Hirsch said as requested by the ARB, his company had rough sawn redwood to show. He disagreed that plywood looked industrial or that a masory wall was better than wood. The propcsed wall matched the existing one leading to the Ternan site, was approxi- mately eight toot. high with white blocks on the top and side, the main body was beige, and was erected by the City at $57 per foot. It would be difficult to erect, could take up to 40 days, and he asked that they be able to commence work during that time. Regarding the chain link- fence, he asked that the present fence which was in good condition be allowed to remain in place. They would be willing to paint it black and to maintain the paint. Mayor Bechtel receiving no further requests from the public to speak, declared the public herring closed. Mayor Bechtel asked if removal of the chain link fence, which could involve tearing up backyards, would be worse than the bene- fit.of black vinyl. Mr. Schink said no developer was allowed to use chain link fence, and the standard must be applied. He believed the developer would be allowed to use the same framework, and simply be required to replace the mesh with black vinyl mesh. Mayor Bechtel asked for clarification that the wording required -the wall to be constructed toward the beginning of overall project construction to the extent possible. Mr. Freeland said the original staff recommendation was based on the practicalities of construction and because it would be diffi- cult to grade after the wail was in place, some flexibility was allowed. Mayor Bechtel said the wording was vague, and since the developer and applicant suggested that it could be finished in 30 days, a time limit might be an alternative. Mr. Freeland said the work could be accomplished in less time, and suggested the grading near the fence line be done, . and :the , fence be erected white other site work was —done.. He had not reviewed the matter with the applicant; but believed 30 days was exces- sive. Mayor Bechtel said she was sensitive to+ the neighbors' concerns and wanted to protect them from noise and dust. It did not appear to make sense. to require the entire fence. be constructed prior .to any other action on the remainder of the site, . Her children had attended Ruth .Woods' Nursery School and she knew children were fascinated by bulldozers. Some pre] imirar•y work should be' al- lowed, but a time limit should be fixed to ens -ore that the wall was erected as -soon as possible. She knew from experience, that paint did not last on a chain link fence,:and reluctantly agreed that aesthetics required" -black vinyl, -Staff and the ARB agreed that the parking requirement should not be deferred. 3 6 9 4 8/15/B3 MOTION: Mayor Bechtel moved, seconded by Renzel, to adopt the Planning Commission rnd Architectural Review Board recommendations with the following amendments finding that the project desiz,;n will have no significant environmental impacts, and recommends approval of the site and design review of the Terman Apartments subject to the following conditions: 1. The applicant should construct an eight foot solid masonry wall of acceptable materials and color ae similar to the present wall as possible along the property' line between the housing site and Ynigo Way/Nursery School neighbors up to the walnut tree approximately Z5 feet beyond the southern boundary of the Ynigo May properties. The existing cyclone fence shall be removed along this area. Construction of the wall shall begin simultaneously with the improvements to the site and be completed in not later than 30 days. Final design details of the wall shall be reviewed end approved by the Architectural Review Board (ARB); 2. The senior housing parking area shall be redesigned based on the applicant's conceptual design presented at the August 3 meeting. Details of the final design shall be reviewed and approved by the ARB; 3., The applicant shall limit the height of all light standards, in and adjacent to the driveway and parking areas behind the Ynigo Mary properties, to a height no higher than the top level of the approved wall. The lighting plan shall be reviewed and approved by the AkB; 4. The devel'per shall further analyze the location of trash and resource recovery enclosures and they shall be relocated farther from adjacent properties. Revised enclosure locations shall be reviewed and approved by the ARB; 5. Fencing of the tot play area, the Hetcn Hetchy right-of-way, and the property line adjacent to the City playfield shall be reviewed and approved by the .ARB; b. Final landscape and irrigation plans indicating planting sizes, earth berms, landscape details, materials, and colors shall be reviewed and approved by the ARB; 7.. The precise design of the entrance shall be subject to the approval of the Director of Transportation; B. Compliance with. the requirements of the Chief Building Official, City Engineer, Director of Utilities, Fire Chief and Police Chief; 9. A fence exception should be granted to allow the 6 -foot and 8 -foot fences within the front setback; 10. All existing trees shall be identified acrd retained as far as possible. Architectural Review Board Recommendations: 1. The fine) landscape pion should include substantial trees next to the landscaped parking reserve; 2. The, final landscaping plan should include substantial trees next to the landscaped parking reserve and be of sufficient density. and size_ to. provide improved protection over the_ design we see; 3. The City Arborist_should monitor construction of the masonry wall to insure minimal ,damage to tree roots and limbs; 3 b 9 5 8;15/83 MOTION CONTINUED 4. The eight foot masonry wall should be extended beyond the 4218 Ynigo Way propert;: approximately 25 feet to the existing walnut tree; 5. The chain link fence along the west and south., sides of the site should be replaced with a black vinyl coated chain link fence; , 6. The final landscape plan should include replacement of the magnolias and canary island pine indicated on the preliminary plan; 7. Roof vent?, shou:d be clustered and placed in chimneys; 8. The applicant should return to the Board for review of architectural details related to the windows, the specific treatment of the -wood siding, and the means of transition between the stucco and wood surfaces; 9. The applicant should return to the Board with .modified building end elevations containing architectural features and/or windows designed to soften the visual impact of the large stucco surfaces of the end elevation of the buildings. Further, that members of the Terman Working Group and the immedi- ate neighbors be notified of any items on the Architectural Review Board agenda regarding Terman for the next six months. Councilmember Cobb asked if it was proper to add a condition re- yuiriny additional landscaping behind the cul-de-sac homes and the school. Mr. Freeland relieved it was appropriate for the Council to give guidance to the ARb when the landscape -plan came back. Councilmember Cobb asked for suggested wording to give -the neces- sary yuiCanCe. He believed the residents' responses warranted an intensification of the landscaping density and height behind the properties. Mr. Freeland suggested that the recommendations on page 3 of CMR:45b:3 be strengthened by adding a clause stating that the final landscaping plan should -include substantial- trees next to the landscape parking reserve- and be of sufficient density and size to provide a full and adequate buffer. Councilmember Cobb suggested the wording include that the land- scaping plan be of sufficient density and size to provide a maxi- mum noise.'ouffer. Mayor Bechtel accepted Councilmember Cobb's suggestion as part of her motion, She .clarified that she moved approval e botn th.e Planning Commission and the ARB rer.oinmendations including that the ?masonry wall be extended approximately 25 feet to the existing walnut tree. Councilmember Cobb clarifies that he intended the amendment to apply behind the cul-de-sac properties and behind the -.school. Mr. Freeland clarified that it was the area adjacent to the mason- ry wail. Councilmember Reneel said regarding the incorporation of Council - member "Cobb's suggestion, that trees and greenery were : found to have little effect on noise, and it should be clear that it was for visua'i buffering. She -said that.tal1 trees were often planted to provide quick screens, but often-resulted in bare trunks and no 3 6 9 6 8/15/83 suniiyht. Shrubbery provided psychological noise buffering only, and the Council should think in terns of visual screening. MAKER AND SECOND INCORPORATED THE > FOLLOWING AMENDMENT INTO THE MOTION: Condition 2 be amended to read: The final landscaping plan should include substantial trees next to the landscaped park. ing reserve and be of sufficient density and size to provide im- proved protection from the design we see. Councilmember Cobb agreed with Councilmember Renzel, and wanted to amend the wording of the last condition to read "visual and noise". He sympathized with the request for a partial ten foot wall because there was excessive noise,.and less rubbish would be thrown over it or children attempting to scale it. AMENDMENT: Councilmember Cobb mboved, seconded. by fazzino, that a 10 -foot fence be built behind the San Ynigo properties. Mr. Freeland did not believe that was necessary. The Comprehen- sive.Plan established acceptable noise levels in residential areas at Sb dba, and the residential side of the sound wall would be 30 dba. A 10 foot wall would give an actual seven percent additional protection --an almost imperceptible differentiation. Weighed against that was the heavy aesthetic impact on the future Terman residents. Mayor Bechtel was also opposed to the amendment. She was a former speech pathologist and audiologist, and, said 30 dba was barely audible. The eight foot wall would be on a two foot berm, making it ten feet _ h i yh. The sunlight would be cut out from the west side, and also the deeper and stronger foundations required would make it substantially more expensive. Councilmember Renzel said she believed a major concession had been granted. The side with the berm raising .i t to 10 feet was the side with the noise. A 12 foot barrier was unreasonable for the residents of the new project in terms of aesthetics and cost. Councilmember Klein agreed. He believed Councilmember Cobb's amendment concerning landscaping `was unclear. Councilmember Cobb asked for suggestions. He wanted to ensure dense landscaping, and knew from experience that the thick land- scaping at the back of his yard gave excellent protection against his neiglbor's pool. He believed that was the kind of protection the residents wanted. Mayor Bechtel suyyested the wording 'and of a sufficient size and density to provide adequate protection." Councilmember Fletcher believed the ARB representative and the res i.dents would ensure that landscaping requirements were under -- stood. Councilmember i.evyy agreed with the eight foot wall, and believed it =a:\ unnecessary to provide precise wording regarding land- scapiny. He agreed with the wording concerning the fence, but asked for more information concerning the siding to be used. Mr. Sctrink said condition 8 of the staff recommendation required_ the applicant to return to the _.ARB_ for review of architectural details to take care of the matter. Councilmember Levy said the Council had made it clear that an aesthetically, satisfying project was required and should conform . to community standards. AMENDMENT TO REQUIRE A 10 -FOOT FENCE FAILED by a vote -of 2-6, Cobb and Fazzino voting "aye', Witherspoon absent. 3 b 9 1 8/15/83 mr. lreeland pointed out that the staff recommendation did not place the tnree parking spaces on the curve of the driveway and landscape reserve. He asked for Council direction. Mayor Bechtel concurred with staff that the parking spaces should not be on the landscape reserve, but parking construction should be required. Mr. Freeland asked it the Council found, as part of the motion, that the project should not have a significant adverse impact on tl,e environment. Mayor Bechtel said yes, and thanked him for clarifying the motion. Councilinember Cobb referred to a note handed him by a member of the audience, reading "tree protection _='ith respect to the wall." He asked if the Council should be concerned about protecting the trees within the vicinity of the wall. Mr. Freeland said that Planning Commission recommendation 13, and ARB recommendation 3 covered tree protection. C ounciliember Cobb said regarding the wall construction, that since Mr. Freeland believed 30 days was reasonable, he would like to see the time period put into the motion to ensure expeditious construction. Mr. Freeland said staff believed 30 days period. be a reasonable Mayor Bechtel agreed that 30 days was reasonable. It put pressure on the applicant, but was a reasonable compromise. Counci lmember Reaizel mentioned that members of the Terman Working Group wanted to be notified of any significant changes. She asked staff what other .opportunities for significant change might arise. Mr. Freeland said he could think of none --the applicant could find reasons, but they would surely be minor. Councilmernber itenzel asked if staff could apprise the Group of pertinent ARB meetings for the next six months. Mr. Freeland said yes, and the Yniyo Way residents, and the Woods Nursery School, as well as the Terman Working Group,_ would be notified for a six month period. If changes to the project came under discussion, e copy of the agenda could be mailed. That was the best that could be donee -there were no 15 day notices as in the case of public hearings. Councilnember Renzei referred to the black vinyl fence require- ments, and said she understood,that vinyl was a standard require- ment, and asked if other projects already had a chain link fence in place.- She saw no great difference in grey chain and black vinyl . The current chain link fence was proven acceptable, and she suggested that. thechain link fence be permitted to stay since re,noral and replacement was a waste of resources. AM NDMLNT: Ceu nci lsember Fcenrei moved, seconded by Fletcher, to delete Architectural Review:Guard reco..endttion 15, regarding the chain link fence= Counci ieeiuber Levy took issue with the amendment. He was sur- prised to see how a black chain link fence merged in s the land- scape, arid_ -would be satisfied to have the chain painted black at reasonable intervals. 3 b 9 8 8/15/83 Counci irnember Renzel said she would, stay with the original amend- ment. She. was not sure who wanted the black fence, but landscap- ing would soon cover it, not -many people would see it, and growth of the bushes would soon make painting difficult. AMENDMENT PASSED by a vote of 5-3, Bechtel, Levy and Cobb voting "no, Witherspoon absent. Councilmember Fazzino supported the main motion although he was concerned about the lack of protection for neighbors dt.ring con- struction. He thought a 10 foot fence would block out more noise and not cause an aesthetic problem, and believed it was imperative to retain the 30 day wail building schedule.- He was in favor of compromise such as Counci l!nember Renzel `s amendment, and did not wish to increase the costs to the PAHC. Counci lmeriiber Levy supported the motion. The project was part of d larger pan to provide the neighborhood with a park, library, and community center, and the total density would be less than sinyie family density. He found the end result to be satisfac- tory, and he was pleased to support the motion. MOTION: Counci lmember Renzel moved, seconded by Cobb, that mem- bers of .the Termer Working group and the immediate neighbors be notified for the next six months of any items on the Architectural Review Board agenda regarding the Terman Project. MOTION PASSED unanimously, Witherspoon absent. Mayor Bechtel thanked the members of the public and the Palo Alto Housing Corporation. ITEM #2U, AC UISIT[UN OF HOUSING AT TERMAN - ITEM CANCELLED Mayor Bechtel advised that item #20, Acquisition of Housing at Terman, was to be cancelled because appropriate ordinances were not ready, and that it would be reagendized at a later time. MOTION TO CONTINUE PORTION OF ITEM #17 PUBLIC HEARING RE 1983 t, S s t �` . Y. r f# NCE DUES-- NO i Councilmember Renzel said Item #17 was significant in terms of its potential impact on the City, it might take a lot of time, and she - did not want to see the Council debate the matter late at night. She be 1 i eved the Council could get through the rest of the agenda items relatively easily. MOTION: Counci laewber WenzeI moved, seconded by Cobb, to con- tinue Item #17, re Zoning and Subdivision Ordinance changes, to next week. Mayor Bechtel asked about the implications of continuing Item #17 until next week in terms of the rest of the agenda... Mr. Freeland said he would be on vacation the following week, but that Bib Brown could address the zoning -items. He deferred to Ms. F i emi ny for the rest of the agenda on August 22. Assistant City Manager June Fleming said the tentative agenda which ixas contained _ in the Counci s packet- was typical_ of that expected, on August U. She believed Item #17 could e accom- modated on that date, but Council would havee to. judge Whether- there were items -on that agenda which required more, discussion time. e If that weee the case, she suggested that staffr'eagendize the matter at: a time when the agenda was not too full. Mayor Bechtel said some *embers of the public wished to speak to certain .,portions of item fill,. and : he wanted to' -speak to the .por- tion, concerning accessory buiidings. She asked about taking; up 3 6 9 9 8/15/83 d portion of Item #17, re zoning and subdivision ordinance changes and thereby met the concerns. She realized that members of the public were in attendance mostly concerning -the accessory build i nys. lay Gallagher, 440 Melville Avenue, said she was concerned that vacations were scheduled for people in her neighborhood on August 22, and she requested that if the matter could riot be heard to- nignt, it be scheduled for August 29. Ms. Fleming noted that August 29 was the fifth Monday of the month and that a Council meeting was not scheduled. It was difficult to say when in September the matter could be scheduled, but staff projected that it would be September 12. A number of items would c_,ne forward between August 22 and September 12 and she was not confident in saying that it would be reagendized for September 12. Mayor Bechtel preferred to do the portions of Item #17 that con- cerned the accessory buildings. There were 24 different parts to item #17 and only two concerned accessory buildings. If the mat- ter Were delayed until September, the agenda would end up being as backlogged as tonight's. Councilmember Fletcher agreed- with Mayor Bechtel. If the Council were to pick and choose which items to hear, she would also choose the accessory bu i i di n' s for tonight. She also preferred to deal with the showers. Ms. Fleming said if Council chose to proceed along those lines, tine public hearing needed -to be opened. Councilmember Renzel said she and Councilmember Cobb were willing to continue all but the portion of Item #17 related to accessory buildings. She. believed it would be appropriate to hear from people who also wanted to speak to other portions of Item #17. SPi3ST1T►UTE MOTION: Councilmember Renzel •moyed, seconded by Cobb, to continue Item 117 re Zoning and Subdivision Ordinance Changes, except the portions concerning accessory buildings, to he placed upon the agenda when staff deemed most appropriate. Councilmember Cobb commented that there were 24 parts to Item #17, some were procedural, but some were significant changes to the City's zoning ordina}ice. He Oelieved the Council did a disservice to the City to handle such i'nportant items late at night when everyone was tired. Councilmember Levy agreed with Councilmember Cobb. MOTION TO CONTINUE ITEM #17 EXCEPT FOR PORTIONS CONCERNING ACCESSORY BUILDINGS PASSED unanimously, Witherspoon, Fazzino absent. MUT1Ul4 TO BRING FORWARD ITEM #1.8, RE FIRE FUEL MANAGEMENT PROJECT MOT/ON: Mayor °3ecktel moved, seconded by Klein, to bring for- ward Item /1G, re Fire Fuel Managoa:ent Project in Foothills Park. MOTION PASSED unanimously, Witherspoon absent. ITEM #I3, PLANNING CVMMISSION AND, ARCHITECTURAL REVIEW . BOARD Tex -RF : LrC 'd OF T LTo ; mkt 1 Ltd K Councilmember Cobb asked: if dry grass from replantation of clear areas would. create a different hazard. 3 7 0 0 8/15/83 Battalion Chief, Frank Fiala said yes, but that it provided a more manageable fuel supply to deal with fire spread and intensity. Couicilmeniber Cobb asked if they would prefer that it not be replanted. Mr. Fiala said the grass would prevent sot; erosion, and was desir'abl.e. MOTION: Councilmember Cobb, seconded by Levy, moved to adopt the recommendation that the project will not have any significant adverse environmental impacts, and approval of the Site and Design application with the following conditions! 1. Tractors shall not be used on slopes 'In excess of 20 percent; 2. Mature trees to be retained within the fuel breaks shall be marked; 3. Roadways within the fuel breaks shall be graded to direct water in a lateral direction across the slope and shall be planted with grasses so that future erosion potential is reduced; 4. All fuel breaks shall have scalloped edges; and 5. All cleared areas shall be reseeded with perennial grasses. MOTION PASSED unanimously, Fazzino not participating, Witherspoon absent. Mayor Bechtel complimented staff on their work on the item. 11 -LM #17, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE N IG ICU �ve.ne � ut*e �� tSi,C.GZJZEtf i t JLLU L 'itaJ� k U USL Ut AUC SSU iY 3t3IL�� Planning Commission Chairperson Helene Wheeler said the Commission endorsed the staff recommendations regarding both : the location of Accessory Buildings and the Residential Use of Accessory Build- ings. Loniny Administrator Bob-rown directed the Council's attention to Sections 20 and 21 of the ordinance related to the two items. Mayor Bechtel understood that there was extensive discussion with affected residents of the neighborhood, who concurred with the changes. Mr. Brown confirmed that the changes had the support of the Melville/Kingsley Avenue neighborhoods, and the University Park Association. CouncilmemLier Klein asked the City Attorney about the effect of addressing 'Only two sections of a large ordinance change,.. - City' Attorney Diane Lee said she had the same concern, and asked for Council direction about hew to handle the ordinance changes. She would prefer to waft and. make a l.the .ordinance. changes as a package. Mayor -Bechtel said the section could easily tae separated from_the ordinance, and if Council approved the section -now, it could be -voted on as one segment of the ordinance, and the 30 day process could begin. If the 'remainder of the ordinance changes --did not return until mid -Sep_ tember, .they would not take effect until raid Uctober, and- meanwhile, other projects might be. built. She believed i t was better to approve the segment. Mayor Bechtel declared the public hearing open. 3 7 0 1 8/15/83 fay tiollayher, 440 Melville Avenue, addressed the subject of ac- cessory buildings. In 1979, the property at 450 Melville was sold, and the new owner met with several members of the neighbor- hood at her home. They were presented with a plan for the use of the home, and were asking for support to allow the Sequoia Semi- nar, which was explained to be the religious arm of the Creative Initiative Foundation, to conduct seminars for people coming from out of state. The neighbors that were pre rent rejected that use in an R-1 neighborhood' comparing it to a motel type of use. The President of the University Park Association was present at that meeting and stated that the neighborhood would not accept that type of use. He was then presented with an application for a use permit that was submitted to the City to allow the Sequoia Seminar to conduct such seminars at 450 Melville. The City then received a letter witdrawing the application, and in the meantime, a brick wa l i was erected surrounding the property. The wall exceeded ;the height limit of the City's codes, and a variance was now being requested. Two sides of the wall were completed, and the other side adjoining her property was not completed. The property in the rear then began to be cleared with oak trees being removed. The neighbors were told that two auxilliary structures would be built. The two auxilliary buildings were in fact two homes. The owner then requested G demolition permit to tear down the original home, garage and detached living unit. The structures were demolished, a two-story home was started, and a subdivision request was made to the City. The neighbors were notified and attended the hearing anti stated that there was no objection to the lot subdivision as the property was large enough for it to be done. The neighbors were then notified to attend a meeting for the purpose of considering a use permit for a two-story cottage to he constructed in front of the two-story dwelling. The neighbors spoke about their concern regarding the R-1 area, and the permit was granted with two conditions; No sleepiny or cooking in the accessory building and that the driveway be 15 feet wide rather than eight feet as submitted in the plans. The neighbors now believed some guarantee should be provided to the neighbors in the (-1 area to ensure that the ordinance was enforced by the City with appropriate action in the event -,the ordinance was not com- plied with in its entirety. The neighborhood strongly believed that enforcement should not _fall on the neighbors --the ordinance was written with no enforcement requirements. It was stated from the beginning that it was an excessive development and contrary to the intent and phildsophy of the R-1 zones in Palo Alto. A com- pound was being built consisting of five to six buildings where formerly a single family residence stood. 0n one parcel of land, a two- story cottage, a two-story residence, and an auxilliary bui ldinu, i.e., sma t i home would exist. She was concerned about the plans for the adjacent lot. She believed the definition of accessory buildings should be modified to specifically exclude the use of those structures located anywhere on the property for 1 i v- ino and sleepiny. She further believed there should he a six foot setback at the property lines. The development was in an R-1 area --not a comrnerciel area. She urged that the Council adopt the necessary provisions to preserve the integrity of R-1 areas in the City of Palo Alto. bob Moss, 4010 Orme_ said the fact that the si a of accessory buildings was tied to lot width was reasonable to a point, but the larger 100 foot lots_ could have a building 1,000 or more Square feet, and it would no longer be an accessory building. He ques- tioned the utility to the community and neighbors of allowing a building that large particularly when it could not be used for cooking or sleeping. He could bui 1'd a 1,200 square foot accessory building on his lot along his rear lot line,..and could not Imagine what he would -do with a building that size if `people could not live there. He suggested that it _be tied off at 500 square feet. Regardiny.a prohibition -against sleeping or -cooking in the .unit - he asked how it would be enforced since it was easy. to -put in , a tot plate unit that fit under a sink, and a%couch that opened to a bed and looked much -like a formal sofa. 3 7 9'2 8/15/83 Mr. Moss said the zoning ordinances and building codes were only enforced on a complaint basis, and the residents themselves had to police their_neiyhborhood and the actual usages of lots. That could create problems, and he suygested the Council re-examine the permitted uses, restrict the size to no ino'e than 600 square feet, and impose some sort of penalty for violation of the ordinance. Ms. Lee said zoning code violations were misdemeanors. Ned Uallayher, 44U Melville Avenue, was concerned about the use of the buildings at 45U Melville, particularly in view of the origi- nal proposal to have it become a facility for the Sequoia Seminar Center, currently operating in Portola Valley. So far, four out of the five or -six buildings had been constructed, all were suit- able for living and sleepiny accommodations, and the ordinance could not effectively prc°vent it. The staff recommendation said the Chief Building Inspector could cause any use of the buildings to be discontinued upon complaint of the neighbors. The neighbors were not in a position to complain --all were separated from the property by a six foot brick wall --and if the City was not in a position to enforce the ordinance, something must be done to give the ordinance some effectiveness. Mayor Bechtel declared the public hearing closed. Mayor Bechtel asked about the 450 Melville .building because she understood from the staff report that the ordinance would be ef- fective 3U days after it passed, and that projects built prior to that were yrandfdthered, and so not affected. Ms. Lee said the ordinance was effective on the 31st date follow- ing the date of second reading, and the proposed continuation could considerably extend the normal 45 days. Mayor Bechtel said she was more interested in the grandfatheriny aspect. Mr. Brown said those cottages already built could be used for sleeping purposes, but a condition of approval for a cottage use permit at 45U Melville was that the eastern lot could not be used for living and sleeping. Mayor Bechtel said it appeared that the Council was being asked to provide some protection for neighbors from the misuse of accessory buildings. Although all misuses might not be reported, she be- lieved the ordinance would improve matters for neighbors in terms of closeness to the lot line. Counci lmember Eyerly asked staff to explain enforcement on a com- plaint basis only. Mr'. Brown said that if the Code compiia.ice inspector could not achieve compliance, the complaint was forwarded to the Attorney's office. Ms. Lee said a criminal complaint was generally filed, and if that did not ensure compliance, there would be a trial-, usually fol- lowed by a conviction. Councilmember Eyerly .asked how an initial inspection was made. Mr. Brown said the sitewas inspected by the ordinance compliance inspedtor. MOTION: Coenti lmeober Eyerly roved; seconded by Cobb, --approval of Planning Cverwission recommendations 02 re Location of Accessory Buildings; and 03 re Residential Use of. Accessory Buildings and that the City Attorney be directed to pull out Sections. 20 and 21 of the proposed ordinance re accessory buildings and prepare a separate ordinance as such for second reading. 3 7 0 3 8/15/83 MOTION CONTINUED Recommendation #2 re Location_ of A::cessorj Buildings Section 18.88.O20(e) [Special Provisions and Exceptions] is hereby added to the Palo Alto Municipal Code to read: "(e) Accessory Buildings located within a required interior yard, as permitted by this section, shall not individually or.. cumulatively occupy an area exceeding fifty percent of the required rear yard." Recommendation #3 re Residential Use of Accessory Buildings The first paragraph of Section 18.88.030(b) [Special Conditions and Exceptions] of the Palo Alto Municipal Code is hereby amended to read: "(b) F i in residential zones, accessory buildings not used for living and/or sleeping purposes or accessory buildings legally constructed for or converted to living and/or sleeping purposes prior to the effective date of this section may be located in conformance with requirements for principal buildings, or may be located in a required interior yard subject to the following conditions:" The proposed change will not have a significant impact an the environment. ORDINANCE FOR FIRST READING entitled *ORDINANCE OF THE ALTO AMEND/NiG THE ZONING CODE (TITLE 18) WITH REGARD TO ACCESSORY BUILDINGS" Counci lmerber Eyerly believed it was inherent that the items be extracted from the larger ordinance and be resubmitted as a separ- ate ordinance for second reading, with a statement about no ad- verse environmental impact. Councilmemuer Klein asked the City Attorney about whether he should vote on the item since members of his law firm represented the owner- of the 4b0 Melville site. City Attorney Uiene Lee said that since the ordinance would apply to many properties in the City, it would be proper for Council- membee Klein to participate. Counci l!nember Levy asked for a specific definition of an accessory building. Zoning Administrator Bob Brown s' d it was defined in the zoning ordinance as Im4 building which is incidental to, -:and -customarily associated with, a specific principal use or facility, amid which Meets applicable conditions set forth in Chapter 18.88•" Cuuncilmember Levy _clarified that any ' `,tra building was therefore an accessory building, and the policy was that such a building did not contain -a kitchen. .Mr. Brown said it was correct. that a bui iding. with a kitchen would be Considered an accessory dwelling, and the description of "ac- cessory building" included garden sheds,` garages, studios, and exterior bedrooms.. Counci imember Levy asked . abou:t a bedroom being an accessory build- ing. 3 7 0 4 8/15/83 Mr. drown contirmed that presently, and provided there was no kitchen, a bedroom would be.:considered an accessory building. The proposed ordinance would preclude bedrooms located in the setback areas. Councilmember Levy said the real question was whether accessory buildings should be allowed to go to the lot line. Mr. Brown believed the question was the amount of square footage of accessory buildings located in the rear setback areas, and the use of those buildings. The proposed ordinance would not preclude the building of a garden shed in rear setback areas if, it were at least 75 feet back from the street. Councilmember Levy asked if an unacceptably large lot coverage would be allowed. Mr. Freeland said that Section 20 of the ordinance further limited the coverage of such buildings because it could no longer cover the entire rear setback area. Councilmember Levy pointed out that the 35 percent held. 0 coverage Councilmember Eyerly said the problem of converting accessory buildings used for sleeping to include kitchens was done on 450 Melville, and it was an example of a widespread misuse of acces- sory buildings. The Planning Commission prohibition to not allow- ing sleeping in accessory buildings on the lot line alleviated the situation, but did not give the total protection sought for p -I areas. Extra sleeping space should be allowed in structures con- nected to the main building only to preclude owners from misusing property to hold conventions, etc. The definition of accessory buildings should be changed to preclude sleeping because the pres- ent ordinance was difficult for staff to police. AMENDMENT: Couhcilmember• Eyerly moved, seconded by Cobb, to include a definition change in the ordinance to preclude sleeping in accessory buildings. Mr. Freeland said that - could entail unexpected consequences. Apartments over garages would no longer be permissible, and the conversion of sleeping quarters to permanent residences would pro .'ably be recommended the following year. That would limit the number of plumbing fixtures located in accessory dwellings so that it could not be converted to a functional housed. Mayor Bechtel hoped the proposed ordinances would be the final ones, She spoke against the amendment.because she believed unnec- essary problems could occur. Councilmember Levy did not feel the amendment enforceable. SECOND WITHDRAWN: Councilmember ber Cobb withdrew his second, al- though he believed C©uncilmewber Eyerly was on the right track. Councilmember Eyerly understood the problems. He wished to limit the misuse of su:c.h buildings, , a-nd Mr. Freeland`s suggestion was a,cceptab l e. e,lie asked when the _new amendments .would be before the Corjnci l , Chief Planning Official Bruce Freeland hoped to bring them be- fore the planning Commission in February or Mar-i;h of 1984. AMENDMENT FAILED for - latk of a Second. . MOTION PASSED Mna tmously, Witherspoon absent. MOT1QIl. Mayor IecPtel Moved, seconded by Denzel, that the remain- der of Item 017 be continued to August 22, 1983. 3 7 0 5 8/15/83 My IUM PASStti unanimously, Witherspoon absent. ITEM 4 21 CALIFORNIA AVENUE PARKING ASSESSMENT DISTRICT STUDY MOTION: Councilmember Klein moved, seconded by Levy, to approve staff recommendations as follows: 1. Confirm that the California Avenue Study shall go first to the Planning Commission before consideration by the City Council; and 2. Approve the budget Amendment ordinance in the amount of $1,500. ORDINANCE 3457, entitled "ORDINANCE OF THE COUNCIL OF U ALo ALTO AMENDING THE BUDGET FOR FISCAL YEAR 198:-84 TO PROVIDE ADDITIONAL aNDING FOR APPRAISAL FEES IN THE CALIFORNIA AVENUE PARKING DISTRICT" MOTION PASSED unanimously, Witherspoon absent. ITEM #23, RE UEST OF MAYOR BECHTEL RE ENSCHEDE RESOLUTION MOTION: Mayor Bechtel moved, seconded by Renzel, to direct the City Clerk to prepare a resolution of welcome for the visitors from Palo Alto's Sister City of Enschede for the September 19 meeting. MOTION PASSED unanimously, Witherspoon absent. ITEM 2 , RLQJEST OF CUUNCILMEMBERS RENZEL AND COBB RE REFERRAL TO PLANNING COMMISSION OF ZONING MATTERS 9 -- - Councilmember Renzel said she and Councilmember Cobb were -con- cerned about the interfacing between 1t-1 neighborhoods and others, MOTION: Councilmember Renzel moved, seconded by Cobb, to refer the following to the Planning Commission: 1. To study during its regular Comprehensive Plan review the appropriateness of zones and/or zoning requirements abutting R-1 zones with particular attention to the transition between R-1 and abutting zones; 2. To study as a separate matter the appropriateness of the Rif -4 zone along the east side of Middlefield Road near Chinning Avenue; and 3. Consider a zoning ordinance amendment to clarify the original intent of "grandfathering in" sections in residential zones for professional and wedical offices. frounci lmember Cobb said he was particularly concerned about the transition from R -1 zones and abutting nigher density zones. MOTION PASSED Unanimously, Witherspoon absent. ITEM #2S, CANCELLATION OF SEPTEMBER 6, 19133 COUNCIL MEETING Mayor Bechtel pointed out that no meeting was scheduled for August 29, the fifth Monday -of- the month, .nor for September 5,, Labor Day. The regular meeting would normally take--. place Tuesday, September 6. - - -. MOTION: Mayor Bechtel moved, seconded by Renzel, to cancel the September 6, 1983 meeting, MOTION PASSED unanimously, Witherspoon absent. 3 1 0 6 8/15/83 Agenda Planning Mayer Bechtel asked that consideration ne given to whether the September 12 meeting agenda might be too heavy, because a workshop on Computer Planning was scheduled for the same evening. ADJOURNMENT Council adjourned at 12:10 a.m. ATTEST: - APPROVED: