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HomeMy WebLinkAbout1979-05-21 City Council Summary MinutesRegular Meeting May 21, 1979 ITEM Ninutes of April 23, 1979 Oral Communications Greg Pickrel l , 3898 Magnolia Drive Marie billiver, 3898 Magnolia Drive Frank lianfrod i , 219 Addison Avenue Consent Calendar - Referral !ten Police/Fire Consolidation -- Referral to Finance and Public Works Committee (CKR:263:9) Consent Calendar Action Item Request of Downtown Palo Alto Inc. re Lot at Lytton Avenue and High Street (CMR:269:9) Negative Declaration and Adoption 6 7 7 of the 1979 Editic . of the uniform Fire Code and Local Amendieots (CPNR :261:9 ) Banking Services A.-iv/lament 6 7 8 Crocker National Bank CC$t:248:9) Contract for Landfill /Park Design 6 7 8 (CMR:27Q:9) Resolution Prodding Authority to 6 7 8 the City Manager to Effect Certain Changes in Gas Utility Rates ;CMR:282:9) Annexation of Dayshore-Enbarcadero 04 6 7 8 (ITT Property) (l 8:266:9) Annexation of rshore- rcadero 45 6 7 8 (2500 Faber Place) (011:66:9) Ar!o:d?iati on of San franc i squi to 12 7 9 (Laura Lane) (ClR:266:9) PAGE 676 676 67 6 676 677 6 7 7 7f 7 677 677 674 6/21/79 Finance and Public Works Committee Recommends re Grant -Ash Mini -Park (CMR:267:9) Finance and Public Works Committee Recommends re Analysis and Response to Post Commission Report 4229 McKellar Lane Change of District of Property From R-1 to RM-4--Application of Michael Chiu 810-820-830 Los Trancos Road Application for Preliminary Parcel Map Tymes and Associates 471 Channing Avenue Application for Preliminary Parcel Map by Joseph P. Corral and Paul C. Valentine 3270-3290 West 8ayshore Frontage Road Application for Preliminary Parcel Map by Carl Holvick Company Resolution of Welcome to Oaxaca, Mexico Representative Resolution of Welcome to Representative from Enschede, Holland Resolution of Congratulations to the Palo Alto High School Newspaper "The Campanile" 1766 F.mbarcadero/2500 Faber Place Change of District from P -C to'LM(D) Application of C.R. Carlsen Co., Ely Land Company PAGE 679 6 7 9 679 679 680 680 6 8 0 680 681 581 Recess to Executive Session re Litigation 6.8 8 2525 Waverley Street Application for 6 8 9 Preliminary Parcel Kap by William McKa1g 450-452 Marion Avenue Appl icatiom for 6, 9 2 Preliminary Parcel Map by William McKaig Request of Councilmesrber Witherspoon 6 9 3 re Citizens Advisory Committee on Community Development Cancellation of Council Meetings of May 29 6 9 3 and June 4 Oral Communications. Adiournment to Executive Session Adjournment in Memory of Paul Arthur Pearson, Jr. 5 7 5 5/21/79 694. OC 694 694 Regilar M etIn9 May 21', 1 �9 The City Council of the City of Palo Alto met on this date at 7:40 p.m., in the Councilchamber, Vice Mayor Henderson presiding. PRESENT: Brenner, Clay (arrived 7:48), Eyerly, Fletcher, Henderson, Sher, Witherspoon ABSENT. Carey, Fazzino Vice Mayor Henderson said that an Executive Session on personnel matters would take place at the end of the meeting, ' MMINUTE APRIL..23,„1, 2 Councilr er Fletcher referred to page 630, ninth paragraph, and asked that "Mitchell Park" read instead "Mitchell Park Community Center." MOTION: Councilmember Eyerly moved, seconded by Fletcher, that the minutes be approved as corrected. The motion passed on a unanimous volre vote, Councilmenbers Clay and Fazzino and Mayor Carey absent. Counciimefnber Clay arrived at 7:48 p.m. ORAL COMMUNICATIONS 1) Greg Pickrell, 3898 Magnolia Drive, spoke for himself and other residents of the 1b -unit apartment building in which he resided. He said the building's residents represented several age and income groups and had lived there verying numbers of years. He said that a new owner had acquired the building in November, 1978, and since then residents had been notified that their rents would be increased from 40 to 57 percent, with increases purported to be justified by the re -furbishing of the premises, Mr. Pickrel i said, consisting of painting, and replaceme,:t of carpets and draperies. He said the owners had not considered the tenants' wishes as to whether or not the re-furbishingwas minted or needed, nor whether or not it would be convenient to have such work done. He said the owners had not been personally identified. Tenants felt as though they had no recourse on those utters or the change in the lease from six months' time to month -to -month. He emphasized that all the apartment building residents worked in Palo Alto and were "...committed to Palo Alto." Housing in PaloAltowas a crucial factor, with the town having a vacancy rate of 0.8 percent, and he and other tenants old not afford to buy and new they old not afford to rent. They did not request "pass -through" of savings resulting from the passage of Proposition 13; they acknowledged that costs of buying and operating an apart ;wt building were high, yet they did not feel the rent increase was justified. He was talking to Council to apprise the of the situation for the rental community in Palo Alto. Marie Vllilyer, 3898 Magnolia, said she had resided at the subject building for seven years. She was retired. She said she had sold her home in 1911, since she did not feel able to take care of the front and back yard any more. She said the irofly of her situation was that she was too well off financially to live in lowincome housing, and not well off ugh financially to buy another house. She cited problematical cases where "...little old ladies" such as herself were in danger of losing their rental homes because the 676 5/21/79 rent had been raised so high, in her case from $300 to $47'6 in 6 months. She was not permitted to have tenants or guests for longer than two weeks. She "...had the feeling" the owners would ultimately force her to leave. She observed that she did not have good alternatives and that her plight seemed irremediable. She had wanted to share the information with the hope that some solution could be reached for herself and others. Vice Mayor Henderson suggested that George Sipel, City Manager, give Ms. Milliver and Mr. Pickrell the telephone number of the Rental Housing Mediation Task Force (RHMTF). Mr, Pickrell said that the new owners of the building would not meet with them. 3. Frank Manfredi, 219 Addison Avenue, said he thought those who had been elected On May 8, 1979, were "...lackeys far builders, developers and realtors on Palo Alto University Avenue, and would not benefit the City. He deplored the profits industrialists were making from gasoline profits. He reviewed the causes of the coming of fascism in Germany and Italy. He equated the inflation the united States is experiencing with fascism, and he urged that people Join together to lick it, even through bombing "...the greedy pigs. . . ." H E DAR Councilmember Eyerly noted that he would not participate on the item concerning the request of Downtown Palo Alto Incorporated regarding the lot at Lytton and High Street, because he was a member of the assessment district. Councilme ,er Eyerly asked that the matter concerning request for approval of a preliminary parcel map for 400-452 Marion Avenue, requested by William McCaig, be removed from the Consent Calendar. The fol l owi ng items remained on the consent calendar: Referral Items FIRE CONSOLIDATION #.IC Action Items F DENTE ! PAL0 A17a IhC ligegie.MIZI(CMR:263:9) RET (CM:269:9) A letter from Kermit Knopf, president of Downtown Palo Alto Inc., asks the City's assistance in that organization's acquisition and development of the subject vacant lot, for use in alleviating downtown parking problems. Staff recommends that Council refer Downtown Palo Alto Ins:. 's , request to staff for study and response to Council. : T i- . j;, _.�+' AND ADOPTION sJ4r i 1/1114 iii: Car :, #,t�'' r:: ,. Y :261:9) Staff states that updating of the fire prevention portion of the Palo Alto Municipal Code permits the City to retain its local amendments, and conform to those codes enforced by adjacent communi tee and the state. itself, as well as complement the 1976 Uniform Wilding, Hous'eg, Plumbing 6►77 6/21/79 and Mechanical codes. Additionally, adoption of the Uniform Fire Code permits completion of the City's automated "FIRES" system on time, without added expenditure. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING THE 1976 EDITION OF THE UNIFORM FIRE CODE AS AMENDED (MUNICIPAL CODE CHAPTER 15.04) (1st reading) (CMR:248:9) In.March, 1979, the City sent a proposal of needed banking services to twelve banks within the City; five banks responded and, after careful scrutiny of the respondents, staff recommends that the City continue to have banking services for the City provided by Crocker National Bank, as they have been for the past two years. AGREEMENT —BANKING SERVICES Crocker National Bank ONTRACT FOR LA,,OFILL P{1RK DESIG$ (CPM11:270:9) }Cij.1 M�Ri.d ��dIO Staff recommends that Council approve th? design for the Baylands landfill/park, and authorize the Mayor to execute the contract with Eckbo--Kay and Associates for $138,687. AGREEMENT —PROFESSIONAL CONSULTANT SERVICES--Eckbo-Kay Associates PROVIDING AUTHORITY TO 0 62:9) The proposed resolution is like other previous resolution:: in thet it provides that the City's gas rate structure will substantially cenform to that of PG&E and surrounding communities as in the past, and it also allows adequate increased revenue to cover wholesale gas rate i acreases . RESOLUTION 5682 entitled "RESOLUTION OF THE COUNCIL DP THE CTYI) -PALO ALTO PROVIDING AUTHORITY TO THE CITY MANAGER TO EFFECT CERTAIN CHANGES IN CAS UTILITY RATES (Sr.HEDULE Gel)" RAY51 tE P'ER79. Staff recommends that Council (1) find that the proposed annexation will have no significant adverse environmental impact and (2) approve the resolution. RESOLUTION 5683 entitled 'RESOLUTION OF THE COUNCIL L Unfirern5rPALO ALTO ORDERING ANNEXATION OF THE TERRITORY COWNONLY KNOWN AS MRYSHORE.EMBARCADER© ANNEXATION #4 TO THE CITY OF PALO ALTO s °` ANNEXATION OF YS$SORE- ER PLACE (C R: 266:9) Staff recommends that Council 1) find that tee proposed annexation will have no significant adverse environmental fact and 2) approve the resolution. 678. 5/21/19 rf RESOLUTION 5684 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF -PALO ALTO ORDERING ANNEXATION OF THE TERRITORY COMMONLY KNOWN AS BAYSHORE-EMBARCADERO ANNEXATION 15 TO THE CITY OF PALO ALTO." TION OF ITO 12 LAURA LANE (CMR:266:9) Staff recommends that Council 1) find that the proposed annexation will have no significant adverse environmental impact and 2) approve the resolution. 'RESOLUTION 5685 entitled "RESOLUTION OF THE COUNCIL 0011E CITY OF PALO ALTO ORDERING ANNEXATION OF THE 12 TO THE CITY OF PALO ALTO." FINANCE AND PUBLIC WORKS COMMITTEE (CMR:267:9) The Finance and Public Works Committee recommends to Council, by unanimous vote, re Grant -Ash Mini -Park, that Council direct staff to proceed to obtain the quiet title on the alleyway and pursue the property exchange with the'County. ORDINANCE 3121 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1978--79 TO PROVIDE ADDITIONAL FUND: FOR THE GRANT -ASH MINIPAP.K PROJECT 77-35,'° FINANCE AND PUBLIC WORKS COMMITTEE E The Finance and Public Works Committee recommends to Council, by unanimous vote, re Analysis and Response to Post Commission Report (including proposed state legislation), that Council write a letter to the appropriate executives and legislative entities of the state of California, indicating the staff comments and recommendations 1 through 9, shown in the staff report on the Post commission. E OF PROPERTY MICHAEL CHIU The Planning. Commission unanimously recommends denial of the applicaxion of Michael Chiu for a change of district of property located at 4229 McKallar Lane from R-1 to RM-4. .830 • LOS TRAMCOS ROAD $ � ARCEL MAP The Planning Commission unanimously recommends approval of the application of Tymes and Associates for a preliminaryparcel sap with exceptions for property at 810-820-830 Los Trencos Road. RESOLUTION 5686 entitled "RESOLUTION OF THE COUNCIL OF TOT CITY' Ot PALO ALTO MIMING MISCELLANEOUS DIVISION Of LAND.AT 810+-820-830 LOS TRAIICOS ROAD AND ITIM EXCEPTIONS WITH CONDITIONS." 6 i 9 5/21/79 1 471 AVENUE r FOR PRELIMINARY PARCEL MAP • is NE The Planning Commission unanimously recommends approval of the application of Joseph P. Corral and Paul C. Valentine for a preliminary parcel reap with exceptions for property at 471 Channing Avenue. RESOLUTION 5687 entitled "RESOLUTION OF THE OF'1fHE CITY OF PALO ALTO APPROVING MISCELLANEOUS DIVISION OF LAND AT 471 CHANNING AVENUE AND GRANTING EXCEPTIONS WITH CONDITIONS." P;. L MINARY P..RCEL The Planning Commission unanimously recommends approval of the application of Carl Holvick Company for a preliminary parcel nap for property located at 3270-3290 West 8ayshore Frontage Road. MOTION: Councilmmmember Clay moved, seconded by Brenner, that Council adopt the resolutions, approve the ordinances, authorize the Mayor to gig the agreements and write the letter. The motion passed on a unanimous voice vote, Mayor Carey and Covnci lmem,mber Fazzino absent, Counci lmember Eyerly abstaining on the matter concerning the request of Downtown Palo Alto, Intorporated about the lot at Lytton Avenue and High Street. R SOLI I 1p WELCOME TO NE CO REPREStNYATIVE vice Mayor Henderson said that Council was pleased to welcome Sr. Rafael Baltesteros Vizcarra, a representative from Oaxaca, Mexico, which was Palo A'tto's Sister City on the North American continent. Mr. Vizcarra had brought a group to Palo Alto from Oaxaca, from a class in architecture, to study remodeled structures and facllites, for about three weeks. Locally they had visited with Birge Clark, Palo Alto architect, and they had ;visited the reconstituted Cannery and Ghirardelli Square in San Francisco, and other attractions. These Uaxacan guests were hosted by members of Neighbors Abroad here in Palo Alto. Vice Mayor Henderson read the City's resolution welcoming Mr. Vizcarra and his students and presented Mr. V1zcarr:e with a copy; the resolution was subsequently read in Spanish. MOTION: Councilmember Sher introduced the fol 1 owi ng resolution, and seconded by Witherspoon, wed its adoption by Council. The motion passed on a unanimous voice vote, Mayor Carey and Counclbmember Fazzino absent. RESOLUTION 5688 entitled "RESOLUTION OF THE VERETE—OFTWIITY OF PALO ALTO RECOGNIZING THE PRESENCE OF, AND WELCOMING TO THE CITY OF PALO ALTO THE REPRESENTATIVE OF OAXACA, (OAXACA) MEXICO." ten Wilson, Chairman of Neighbors Abroad, introduced Sr. 0relio €spinoso, who read the ass of eighteen students, to whom resolutions will be mailed. ESOL _ OF WELCOME TO REPRESENTATIVE ..py4• wr�arw.wa _ 1 w - Vice Nayor Henderson Introduced Jan a ran Der Schorr-Hannewi,jk, who was visiting her son and daughter in this area. Enschede, Holland, is Palo 680 5/21/79 Alto's sister city on the European continent. MOTION: Councilman Sher introduced the follow seceded by Witherspoon, moved its adoption by C ng resolution and, ouncil: RESOLUTION 5689 entitled "RESOLUTION OF THE COURCIL OP lArCITY OF PALO ALTO RECOGNIZING THE PRESENCE OF, AND WELCOMING TO THE CITY OF PALO ALTO, THE REPRESENTATIVE OF ENSCHEDE HOLLAND." The motion passed on a unanimous voice vote, Mayor Ca Fazzino absent. rey and Councilmember Vice Mayor Henderson gave a copy of the resolution to Ms. Van Der Schoor- Hannewi jk . Ms. Van Der Schoor-Hannewijk thanked the Council and invited Palo Altans to visit Enschede. RESOLUTION OF CONGRATULATIONS TAE Corrected'iie Fiayor Henderson read a resolution for the newspaper staff See pg719Paln Alto High School, which, arong five other Northern Calif schools, had been given an award by the San Francisco Press Clu name of the newspaper is The Campanile." He named David Lewis Randall Lee, photo editor, and Jeffrey Maltzman entertainment ed author- of the best feature article, and presented resolutions of to them. of the rnia high b. The , editor, tor and congratulation MOTION: Councilme ber Fletcher introduced the following resolution seconded by Sher, moved its adoption by Council: RESOLUTION 5690 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CONGRATULATING THE STAFF OF THE PALO ALTO HIGH SCHOOL NEWSPAI R, *THE CAMPANILE." and The motion passed on a unanimous voice vote, Mayor Carey and CouncilMembe Fazzino absent. Mr. Bergstrom, advisor to the newspaper student staffwas also presented with a copy of the resolution and said the newspaper was published twice monthly. He thanked Council for its congratulatioi s . Counci 1r Sher ascertained that there was to be no presentation from either applicant or staff on the above matter. He said the amendment to the Planned Community (P -C) relating to a proposed automobile sales agency at the location had been reviewed Ina recent Council meeting. He asked if representatives of the. applicants a present. Warren Tnoits. attorney, 525 University. said he had thought that the earlier review. coupled with the Planning COMMUSWA review now before Councilmembers, might mean no presentaation would be needed. He said that the map showed that the land at 1766 E barcadero/25OO Faber Place. was relates to the parcel annexed by the City --the land had formerly= r been outside the City limits. Two triangular parcels were involved, and they comprised .55 acres, "...ill order to create an L-shaped lot to permit appropriate development of LM!0 zoning. The portions removed from the automobile agency will be separated by the Planning Commission's conditions under the P -C amendment by some twenty feet of landscaping, and, of course, the LMD will require both site and development plan review by the Commission." Councilmember Sher said the complex history of the parcel kept the matter from being simple, and an amendment to the P -C zone was required. Council's involvement had begun before the annexation, when the parcel had been pre -zoned in anticipation of the then -possible annexation. He and others had voted against the pre -zoning to l.MO because they had thought it incompatible with the Comprehensive Plan goals of preventing further urban intrusion into the Baylands, and also of reducing, when possible, creation of new jobs in the Baylands. However, though he and others had voted against it, the majority voted for it, and the parcel had been pre -zoned, and was now annexed. Now he was prepared to consider the proposal, he said, to lop off a portion of the adjacent land from the P -C zone, but he thought the whole subject of the P -C zone should be looked at to see if advantages to be gained by the P -C by the City, would offset the disadvantages. He did not want to go into the matter further, however, if the applicant was not prepared to go into the whole history of the P -C zone relating to the auto agency and some of the intrusion it had caused in the Baylands. That intrusion might be mitigated in connection with the amendment to the P -C. Mr, Thoits said the ratter had been extensively discussed by the Planning Commission and he thought that modifications in the amendment that grew from that discussion responded to the concerns Counciimernber Sher had expressed. His client was putting the automobile parking lot and otter, agency uses into another piece of land to make a more attractive development. Correct/#ce Mayor Henderson said this matter gave an opportunity to Council to see pg 70 clarify conditions of the P -C; P -C's had given trouble in the past. Councilmember Sher said that present compliance with the P -C did not reflect commitments that had been wade earlier. He acknowledged that the auto agency had agreed to the landscaping. At the Planning Commission meeting a motion had been made, and it had failed, regarding 1 andscepi ng to make the agency less visually intrusive at the entrance to the City's Baylends. Over the years there had been the following annoyances arising from the automobile agency: parking on Embarcadero, traffic arising from the use of the entrance on Embarcadero to the used -car lot, (he recalled that at one time there had been a commitment that that would not be commonly used as entrance/exit--rather that the entrance would be on Faber Place); the seven-day (open on Sunday) agency operation, when there had been an oral commitment that that would not occur, and the like. Councilrra er Sher said that granting of the P -C, which would add more jobs and consequent traffic, might be counterbalanced by reexamining the P -C zone with the auto agency with an eye to ameliorating some of its intrusivefiness into the 8aylae;ds., He spoke for himself, he said. If the applicant was willing to go into it, Council and applicant might look at the P -C itself and refer some matters to the Planning Commission, Mr. Tholts said that speaking of the closed landscape screen frem Embarcadero Road, he had thought me. Ctrl sen had shown willingness to increase plantings on top of the present berme, the density of which had led to some discussion. Regarding entrance/exit off Faber Place as opposed to Embarcadero Road, the history of the parcel was that the original P -C zoning had been granted the prior owner; staff had checked and determined that all P -C conditions had been sect --the present owner would meet any conditions which had not been met. 682 5/21/79 Councilmember Witherspoon referred to page 2 of the report which listed steps which had to be taken if the application were approved by Council: the first one was that the development plan had to be approved by the Architectural Review Board (ARB). Would the ARB review the present plan, or the entire P•C as it was originally granted? tiaphtali Knox, Director of Planning and Community Environment, replied that the ARB had already reviewed the matter. The staff report to which she referred had been a report to the Planning Commission. Mario Sanchez, Zoning Administrator, said that the ARB had reviewed all the foregoing concerns with the Planning Commission and recommended approval Of the plans as submitted by the applicant. The ARS had been told that the parcel left in LMD, if it were annexed to the City, would cone back to theme and at that time they could increase the landscaping to what had been determined to be necessary, once there had been some development plans drawn up. Council ber Witherspoon said she thought the requested rezoning would be consistent with a review of earlier P -C concerns. She did think this was a good time to raise the questions Councilmember Sher had raised. • MOTION: Counc°i lmember Witherspoon introduced the following ordinance, and seconded by Eyerly, moved its adoption by Council; ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08,040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 1766 EMBARCADERO ROAD/2500 FABER PLACE FROM P -C (PLANNED COMMUNITY) TO LMPD (LIMITED INDUSTRIAL/RESEARCH PARK DISTRICT/SITE AND DESIGN REVIEW) Councilmernber Eyerly said he thought the separation of the parcels being discussed, to make a usable L -shape, could be separated from the P -C. He thought that with P -C the Council or staff could investigate and bring before Council questions of compliance with P -C restrictions. Roy Abrams, City Attorney. agreed that Councilr er Eyerly's assumption was correct. Councllsmember.Eyerly said that for that mason he hoped "...the Council would be able to separate this back part of this P -C from the problems that (Councilor Sher) has surfaced end let us look at those other furs at a separate time." He voiced willingness to second a motion Cruncll.ember Sher might wish to make in that roverd. Councilmember Brenner said she thought this was the time to discuss the :orrected problems with this particular P -C . She was glad that the procedure up Pg 719to now had not created a landlocked lot which had to be freed; she did not feel heavy responsibility to create access to property that had been zoned "...with the full knowledge that it was landlocked." She pointed out that the perpose for amending this particular P -C according to the staff report, was to provide a regularly shaped parcel suitable for development under the U4 -D zone She felt that statement by staff was over -simplification: "...first of all, it is a regularly shaped new parcel, not the P -C we're talking about, and the primary problem is access." She thcugnt the staff had "...been going at this backwards from the beginning." She reviewed the P -C on the subject piece of property: one of the P -C provisions was that there be no parking along Eabarc dero Road, because Eabarcadero was considered to be a recreation road in that 1t provided the mein access to the 8aylands, (Parking, she said, had rrected been solid and continuous, today and 1 -past.) Also, the applicant See pg _ 719 ° 4ee ,z, 883 5/21/79 katet I• had said there would be entrances only on Embarcadero, and that had not yet been the case. She observed there was much car parking in the front driveway and "...I'm not quite convinced the back part is as unused as it ought to be." She observed that the used -car lot trademark of strings of flags overhead were not overhead, but festooned the cars themselees. She could not recall whether or not a specific Palo Alto ordinance, or this specific P -00 forbade display of such flags. She remarked also, on the garish lighting. The land had not been zoned commercial, she emphasized; the reason for putting the property in P -C was to make it conform to the Baylands, and not have commercial use in that area at all. In her opinion, she said, Council would be glad to abide by what the Planning Commission or the ARB said; she wanted to make sure plans returned to Council prior to Council's making any kind of an amendment. She said she was interested to know if the applicant was willing to have Council look at the P -C prior to adoption of an amendment. Mr. Thoits said that when Councilmember Brenner had mentioned the same utters a year ago a check had been made and it had been found that conditions of the P -C were, in fact, being met and the applicant had expressed willingness to do whatever was needed to comply with the spirit of the P -C. He did not know about agency -related parking on Embarcadero, since the agency had adequate parking; perhaps Embarcadero should be posted "No parking." Perhaps employees had to be more regulated. He was sure that if entrance/exit requirements were not being met Mr. Carlsen, the applicant would respond by observing that restriction. Since this P -C was passed on to the auto agency as a new owner he was sure Mr. Carlsen would comply. Counci lmember Brenner asked Mr. Thoi is if the applicant would be willing to review the P -C with Council prior to Council voting on the amendment. Mr. T.hoits said "I think you place a difficult condition on it. The history of this is that pre -zoning took place a year ago. We postponed coming back with this particular application at that time because we understood that annexation of the Baylands of which this would logically be a -part, was moving forward, and would take place sometime in the fall of last year. Now, for a number of reasons, that didn't take place, and here we are, a year later, and I'm sure you can understand what that does to any reasonable project which they would like to enforce on this parcel...I can't help but believe that the development that would take place on that would be more attractive than an automobile agency parking lot no utter how you slice ft." He thought that to hinder that would not be in the best interests of the district. Emily Renxel, chairwoman of the Planning Commission, said that it appeared that no language or exhibit was contained in the ordinance and pion now before Council to reflect the Manning Commission recommendation. She said the Planning Commission bed added two conditions to the approval; If the Council wished to incorporate the Planning Commission recommendation it would have to incorporate some language in the ordinance. Vice Mayor Henderson asked if a couple of recommendations in the minutes could be recapitulated for Councilors. Counci lwotmrbtr Sher noted that the motion was to adopt the ordinance, and not to include the Planning Commission action which included the two aforementioned conditions; one related to landscaping along the rear boundery; the second related to more effective screening along Embarcadero Road. He thought the second point was too vague. he thought the specifics of an earlier defeated motion were more desirable, he wondered about removing the two triangular portions of land from the other concerns 684 5/21/79 that had been expressed about the P -C. He said he wanted to be clear that he did not say the present owner was not abiding by conditions. He was talking about new conditions to be imposvd on the P -C. He reviewed the misgivings Council had aired at a recent meeting relating to application for another automobile agency, saying the same misgivings applied to the present applicant. He said that attracting customers through visual display was contrary to the gaylands, environment. He did not want to separate the consideration of the triangular lots from conditions of the P -C: he wanted to discuss new conditions for the P -C, relating to commitments made by the previous owner. He foresaw some misinterpretation by the owner should Council initiate a single topic of P -C compliance. "So when we have the owner before us applying for a change in -the P -C zone` as he now is, this is the time to look at the whole P -C zone...and to consider it in the context of what the owner is trying to achieve with an adjacent parcel that will represent a further intrusioe on the 8aylands, which, in my view, can be justified only if we can offset it by minimizing the present intrusion of this automobile agency. . .'E He wanted the applicant, in agreement with Council, to see what could be done to minimize the intrusion. He would not vote in favor of the motion on the floor. Mr. Thoits said that Counc i lmember Sher's enera l i ti es called forth his own generalities in response which were 1) the P -C zoning would be complied with 100 percent; 2)coraditions set by the Planning Commission would be observed and the agency would be more adequately screened from view from the road. Beyond that he was unclear as to Councilrnember Sher's concerns. Councilme r,ber Sher said he would be more specific, to wit: That Council refer the application for change of classification of the subject property from P -C to LM -(I back to the Planning Commission, and, with agreement of the applicant, have the P -C zone reviewed considering 1) parking on Embarcadero Road; 2) berming, or other device, to hide both new and used car display from Embarcadero Road; 3) the entrance/exit use of the drive onto Embarcadero Road; 4) Sunday opening; 5) percentage of P -C parcel to be landscaped after the triangular pieces are severed from the P. C zone; 6) flying flags on used ears on display at, the lot. Mr. Tholts replied that the situation on Embarcadero Road was beyond control of the applicant if the public wanted to park there. He thought the otter of landscaping had been thoroughly discussed, and additional landscaping did not sear reason enough to send it back to the Planning Commission Counci lmember Sher asked if the applicant was willing to have the matters reviewed in the context of new conditions on the P -C. If the applicant did show willingness, Council r Sher said he would make a substitute motion to have the Aa tter referred back to the Planning Commission. Cojnci barber Witherspoon said she thought the applicant had agreed to all but Sunday openings/closings, parking on Embarcadero, and flags on the cars --she did not think that sending the application back to the Planning Commission would resolve those. She said the applicant had agreed on the matter of the entrance/exit drive, the landscaping, and the ten -foot landscaped strip. She thought 1t would be easier for the applicant not to park the cars on top of the berm. Concil r Sher said he supposed one new condition that could be imposed was Sunday closing. 6 8.5 5/21/79 8 Cauncilmember Witherspoon asked what his concern about that was. Councilme,ber Sher said he has been and still is concerned about the intrusion into the recreation/conservation area of the Baylands. Usey- cer-let practises were inappropriate at that location. If Council and applicant agreed to adding new conditions he had listed it could be done at the meeting that very evening, though he thought it would be more orderly to list the concern, for the Planning Coonnitsion to undertake with the applicant. Councilecember Witherspoon said she thought it would be better for Council at .that time to take a vote as to which of the six concerns were the most important; she did not agree all of them were. Councilmember Brenner said she thought that the Planning Commission was the better forum to address the concerns such as whether or not matters could be sent to the ARS for review unless Council was specific about the dffect it desired. She asked the applicant if the owner was expecting business to diminish owing to requested changes; was the owner looking for growth of his business? Mr. Thoits said that sales volume had dropped since the P -C zoning had dropped. A discussion ensued as to the cause of the seeming confusion at the front of the automobile agency --was that a traffic or a planning problem. Councilnember Brenner said Council was being asked to increase the general intensity of the area through provision of access to a landlocked parcel and she would like the problem to be seen in that light. She reviewed the history behind the Sunday opening not having been discussed, nor why parking in front of the agency on Embarcadero had intensified, for there was to have been no parking there. She said that along with objectionable garish lighting she had heard complaints about the loudspeaker in use at the agency, and she said that was not suitable at that location. She -thought those things were best addressed at the Planning Commission. Mr. Thclts said he thought the applicant had shown his willingness to comply,.as demonstrated by the fact that the Planning Crsnmission recommended app val of his application. He would tentatively sty he thought the flags•on the cars, if they were a serious problem, could be removed. He spoke of the difficulties of running an automobile agency, saying he could not dictate how a an could run his business. Vice Mayor Henderson said he was groping for a compromise, so that Council could move on. He had voted against prezoning the hitherto agricultural zoning to the LM -D but he had abided by the majority's decision and so he did not want to close off access to the landlocked area. He asked staff what would happen to the lot if the P -C were denied. Maphtall Knox said he thought separation was needed between P -C zoning and the P -C development plan. Council could indicate that rezo ng From P -C to L$ -D could take place on the two triangular parcels; then the nature of the plan under which the parcel was to be developed could be discussed. The .g* site and design district for L14 -D .meant the development would be coming from the Planning Commission to Council also. Vice Mayor Henderson asked what would happen to the presently zoned l.M0 lots if the two P -C parts were not rezoned. Was access there closed off? e 686 v/[1/79 440 Mr. Knox referred to the plat map saying that a long front rectangular parcel now zoned P -C would stay that way, the rear portion of the lot would be zoned LM -D. It was not uncommon to have two zones for one parcel. If the two small triangles were not rezoned from P -C to LM -D the annexation would probably go forward, with a small triangular parcel zoned LM -D of about 1.5 acres on the south corner. A discussion ensued as to the estimated effect of such happening. MOTION TO CONTINUE: Vice Mayor Henderson moved, seconded by Witherspoon, that discussion of the item be continued to June 11, with Council to direct staff to supply details of the current P -C. Counci lm ber Witherspoon asked that the -motion include the wish that some of the concerns raised by Councilmr ber Sher be dicussed by staff with the applicant. Vice Mayor Henderson agreed. Councilmenber Brenner asked if June 11 were a meeting at which zoning issues were to be discussed --she thought the discussion should be continued to a meeting where other such Issues were to be discussed. Vice Mayor Henderson said that the Budget was to be discussed June 18. Counci lmenber Sher said that from the point of view of his concerns the substitute motion would result merely in further delay of the project, and, if a motion to refer took precedence over the motion to continue he would make a motion to refer, if the chair ruled it was proper. Roy Abrams explained that a motion to continue had precedence over the motion to refer. Counciimember Sher said that in his opinion the six points he had mentioned reeded review by the Planning Commission. He would oppose the motion to continue -•if it failed he would make a motion to refer. A discussion ensued as to when, if the matter were referred to the Planning Commission, it would return to Council. Meeting calendars were review d. Mr. Tits observed that the motion to continue appeared to be a move to reconsider the reconsiderations. He listed the meetings at which the application had already been discussed, and the applicant's stated willingness to comply with requests and requirements, He asked if his applicant could have some time commitment for when the matter would return to Council, He did not want "...to go on and on. p: Ms. Renzel said it was possible that the Planning Commission could address the application and have it back to Council by the end of June. Vice Mayor Henderson ascertained with City Attorney *gams that it was acceptable to place a date certain on a motion to continue. He withdrew his earlier motion. MOTION TO CONTINUE: Vice Mayor Henderson moved, seconded by Sher, that Council refer the application back to the Planning Commission for its consideration of all the 1ssJes raised during the foregoing discussion and return the item to Council by June 25. 581 5/21/79 Councilmember Sher commended Mr. Molts assertions of willingness to comply. Councilmember Sher asked that the motion to continue specifically ask that the Planning Commission consider further the application to amend the P -C zone, with particular reference to ways in which the activities of the auto agency could be made less of an intrusion on the entrance to the Bayiands: 1) berning or other device for screening both new and used cars; 2) restricting use of the entrance/exit drive on Embarcadero; 3) no display flags on cars or the place of their sale; 4) inquiry into parking along Embarcadero; 5) Sunday opening, or hours open, all the foregoing to be in the spirit of lessening the visual intrusion of the auto agency at the entrance to the Baylends. Vice Mayor Henderson said he would accept, for inclusion in his motion, those details outlined by Councilmember Sher. Councilmember Clay said he would vote for the motion for referral with the stated wish that the Planning Commission read the minutes of this Council meeting so that their time could be saved. Vice Mayor Henderson agreed, saying that if Council had known the Planning Commission had been discussing the application Councilmembers could have voiced their concerns at that time. - Councilmember Sher pointed out that Council had not before been involved in the application for rezoning, though pieces of the matter had been seen by Council during prezoning discussion. Councilmember Brenner added that she thought the problem Council had discussed arose from the process of annexation of a piece of land without having first analyzed what that annexation would do to an existing P -C. If that had been analyzed, consideration of the results of zoning a landlocked lot would have been reviewed. Mr. Thoits pointed out that the question had arisen to staff, if, by prezoning a parcel LM- D, pre -annexation, in any way precludes consideration of modification of P C. The answer had been "no." He said that Council now appeared to he "..;a second level of the Planning Commission, instead of considering the recommendation of the Planning Commission. That seems the most unfortunate part. This is not the way the applicant, I think, is entitled to have the matter treated.' He said that consideration of the two triangular parcels had been considered at the time the zone, pre -annexation had been considered, by Council's own specific question to staff. MOTION TO REFER PASSED: The motion, that the Carlsen/Ely Land Company application for change of district of property at 1766 F.r rcadero/2500 Faber Place, from P -C to LM -D, be referred back to the Planning Commission for review of all items discussed, including those details raised by Councilor Sher as given in the minutes, and made a part of this motion; to return to council by June 25, passed on a unanimous vote, Mayor Carey and Councilmember Fazzino absent. REM TO EXEC IVE SESSION Council recessed to executive session re litigation, at 9:40 p.ar. to 10:00 p,aa. 588 5/21/79 Lai` 2525 WAVERLEY STREET APPLICATim ruin i'RUIMINARY PARCEL MAP c [T, Councilmember Witherspoon said that though the shape of the lot was not conventional for houses in Palo Alto the total square footage was. She asked the Planning Commission's reasons for recommending denial of the application. Chairwoman Renzel said that the Palo Alto Municipal Code required lots to have 100 -foot dept, and also to have 20 percent lot area, exclusive of the easement. While the subject lot had the required area it did not have the required depth. The applicant had asked that the lot have a sideways orientation; the result of that in this case would be to put a side.iot adjacent to a rear yard. The rather massive house plans of - today put'the structure in awkward relationship to neighbors that then would have their rear yards adjacent to new houses' side yards. Lines on the aiap showed abutting properties. Open space, without street frontage, would be lost. A discussion ensued of the space available in the yard when the structure was built, and where the structure was proposed to go. Chairwoman Renzel said the proposed arrangement "...was very tight,.`' William McKaig said the subject property had been acquired by his family in 1946. He held there were "...many goofy -size lots in Palo Alto." He said the staff report on his proposed subdivision had hen quite favorable. He :understood some of the Planning Commission's misgivings and so he had requested that he be permitted to have 10, -foot sideyards on the back lot, He said he saw many two -storey houses only 12 feet apart in town. Nis proposal was for a two -storey house in the front, 30 feet fdr one sideyard, 28 feet for the other sideyard, and 20 feet each in front and back. He like the space that gave. On the :second parcel he wanted a 10 foot sideyard on both sides, 22 feet from the fence, giving 32 feet between houses. "...And I want you to put the condition on it, of one storey, and a 5 -and -12 pitch." The property had to be.sold to Beet Inheritance taxes. He had had an offer on the property, to be sold as a single lot, but he thought his proposal of two smaller houses rather than.one big house was more to Palo Alto's advantage. The McKaig's had resided in Palo Alto since 1902, he said, and were interested in Palo Alto's development. Naphtali Knox, Director of Planning end Community Environments said that the Palo Alto Municipal Code stated that a parcel that did net have the required depth be denied. He illustrated his point with a projected slide. Councilmember Brenner noted that the sap showed that R-2 would be permissible. Mr. Packaig said that the lot was too big for a duplex; it was not a good investment. Councilmember Brenner pointed out that R-2 could be two single-family hoses. It was necessary, haver, tint they have the same ownership, rather than selling off the driveway. Mr. PicKaeig gave the difficulties that would result from her suggestion. He said Council could put conditions an his proposed plan. Mr. Abrams said conditions for the setbacks could be put on the map, and a later Cou► c i l could modify those. 689 5/21/79 L$i Chairwoman Renzel said she thought the Planning Commission had thought that in view of the neighborhood being made up of single -story homes, that kind of structure would be more in characte; with them. Corrected See pg. 719 Councilqiember Brennee ascertained that a house now on the property had to comedown; it was about 75 years old. Mr. Abrams said that if the applicant wished he could file a restriction to the benefit of the City, as a separate action, but, at the present, Mr. Abrams did not think that was appropriate. He said that he did not think that there was any way that the City, in its governmental capacity, could assure that Mr. McKaig could file a deed restriction, and subsequently0 thatthe deed restriction could be dissolved. Mr. McKaig said he would let the City write the deed. "What else can I say?" Counci la::ewbber Eyerly referred to a statement made by Mr. Sanchez, Zoning Administrator, in the Planning Commission minutes that there were other irregular lots within the block. Would staff point them out? Mr. Sanchez listed four of them, CouncilmEesnber Eyerly noted that there was precedence, there, for irregular lot sizes. A discussion ensued on alternatives Mr. McKaig could use to meet City requirements. Mr. Knox pointed out that a provision in the former and current zoning ordinances that stated that one could build an extension of a house to within 14 feet of a property 1inr=. if that extension was not more than one-half the width of the building. That was a measurement to consider in figuring out the depth of a yard, Mr. McKaig and Council bers discussed his plans further, vis-a-vis City requirements and the character of the neighborhood and the measurements of the subject parcel. It was noted that the way Mr. McKaig developed the Tot would subsequently affect how neighbors could build, should they wish. Councilmber Brenner said that it was anticipated, in residential districts, that there be 40 feet between neighbors to the rear. She said'a minimum lot size of 60 feet by 100 feet, when it was developed, impinged on surrounding properties. She said she would move the Planning Commission recommendation to deny. She had thou ;`.t R-2 old have been ideal for odd -sized lots in that area:. MOTION; Council ber Brenner moved, seconded by Fletcher, that Council approve the Planning Rec enda ti on to deny approval of the application, and the matter be returned to the Planning Commission for consideration of building under the ;:_,2 zoning. Mr. McKaig said his aim was to make money on the development of the lot, in order to pay inheritance tax. Mr. Knox pointed out that since housing was an issue in our community it mould be advantageous to have R-2 zoning. If Council directed the Planning Commission to initiate rezoning to R-2 the applicant would not have to pay a rezoning fee. R-2 zoning, he explained, allowed two houses, under one ownership, to be built on one lot. The houses did not have to be* though they could be, attached, One of the houses would be a rental unit. 690 5/21/79 Mr. McKaig asked how fast the R-2 zoning could take place. Ms. Renzel said an advertised public hearing with ten days' notice would be needed. Mr. Knox explained that Mr. McKaig would have to plan, with R-2, to have 20 foot front and rear yards, with 6 to 8 feet on the sides., and some distance. between the two houses, were they not to be joined with a cam -party wail. The structures would have to.observe the height limit and daylight plane rules. Couaacil*emt*r Clay observed that, since most neighbors preferred owner - occupied to renter -occupied units, he wondered if rezoning R-2 would meet :with the neighbors' wishes es much as Mr. McKailg's original plan. YIceMayor Henderson pointed out that an R-2 zone on the lot did not preclude Mr. McKaig from building a single home on the property. Mr. Abrams suggested that the R-2 zoning be considered, with the concurrence of Mr. McKaig; he did not want to do that which might cause Mr. McKaig finaaciaal loss. Counailiember Brenner ascertained that Mr. Abrams was suggesting that Council simply deny the application, and let Mr. McKaig file again for R-2, should he wish, and for which he would pay an additional fee. She emphasized that one section of the block was already zoned Rot designed for oversize lots. With single ownership the problem of who took care of the access road and the like did not arise. She asked Mr. McKaig directly if he would like to have the matter referred to the Planning Commission to have the R-2 none considered. Councilrremberr Brenner said her concern was the total neighborhood, not the price for which the lot would sell. Councilmember Sher noted that if Council referred the possible R-2 rezoning that would not be an exprese for Mr. McKaig. Counci1menber Sher said he would like the record to show that Mr. McKaig was assenting, as shown by the fact that he was nodding his head. He knew CounciI bers did not want to vote for that without Mr. McKa►ig's concurrence. Councilme ber Witherspoon suggested voting first on the denial of the application then the next Council action could be decided. Vice Mayor Henderson said he mould separate the matter. Mr. . Knox said that notice had to be given neighbors within 250 feet of each proposed re -zoning on a piece of property; it was possible it might not be viewed with favor, and so it was . a good idea , to separate the motion. MOTION: Counci imemSer Beer moved, seconded by Fletcher, to uphold the planeing Commission recommendetion to deny. NOTION PASSED: The motion to uphold the Morning Commission decision and deny the application of William NcKai g for a prel iari nary parcel rap at 2525 Waverley passed on the following vote: AYES: Brenner, Fletcher, Henderson, Sher NOES: Clay, Eyerly, Witherspoon ABSENT: Carey, Fazzino 6 9 I 5/21/19 ark MOTION: Councilmember Brenner moved, seconded by Fletcher, that Council return the application of William McKaig to the Planning Commission for consideration of possible rezoning to R-2 or other appropriate zoning. The notion passed on a unanimous vote, Mayor Carey and Councilmember Fazzino absent. 450-652 r,; _ A CNUE UNARY PARCEL MAP Chairwoman Renzel said she had seen tor, McKaig's changed map for the first time that evening. The Planning commission, she said, had expressed concern about the awkward access to the lot. The revised map addressed that concern. Mr. Knox projected some slides on the wall showing the subject parcel. A discussion ensued on the specifics of the plan submitted by Mr. McKaig in 1955, for which he had received a certificate of compliance, and the revised plan to which Ms. Renzel had referred. Mr. McKaig said that in a few months all problems relating to the plan - would be solved, and he would be in for a building permit. Councilmember Brenner asked if the application asked "...tot a flag lot of a -flag lot,' She said that normally a 35 -foot driveway, owned by the rear lot, was required. She said that when she had driver in there she could not turn around. She noted that four fiat lots were being created, and usually only ore flag lot was created. What was before Council was a plan for the equivalent of a six -unit apartment; the four rear lots had no place for guest parking. • Mr. McKaig said guests parked up the alley -they tiad for years. The alley was 22 feet wide, and there was parking on one side. He had lived there for 22 years. Councilmember Brenner said she could not turn around in the drive; she emphasized to Councilmembers that that was the reason that the Code allowed no more than one flag lot off the street. She had strong misgivings on that lot. Councileeeber Fletcher observed that the newly drawn configuration of the driveway encroached on the property belonging to Mr. Gibbs. That had not yet been agreed to by Mr. Gibbs, who did not live in torn; therefore, if Council approved, a contl neent agreement between the neighbors still had to be reached. Mr. Mc1a1g said "Gibbs has a certificate of compliance with that driveway built as -is." He reviewed the terms of an agreement with Mr, Gibbs made in 1956. MOTION: Councilmember Fletcher moved* seconded by Eyerly, that Council adopt the Planning Commission recommendation with the conditions: 1) an easement to be granted for coven right of access to all four interior lots over the proposed turnaround area, and common access to Parcel 1 and Parcel 2 over a 12 -foot wide easement across parcel 1, and the adjoining property. Assessor's parcel 1324-9d, to the satisfaction of the City Attorney, the City Engineer and the Fire Chief; 2) a public utilities easement be granted across Parcel 1, to Parcel 2 for all utility lines; 3) public utilities be extended at the cost of the developer along this public utilities easement to the property l i tae of Parcel 2;, 4) electric power lines be under mound from the existing power pole to parcel 2. , 6'9 2 6/21/79 RESOLUTION 5591 entitled "'RESOLUTION OF THE Cr)UNC1L OF THE CITY OF PALO ALTO APPROVING THE MISCELLANEOUS DIVISION OF LAND AT 450-452 MARION AVENUE AND GRANTING EXCEPTIONS WITH CONDITIONS." Mr. Knox noted that apparently the fire department required a 12 -foot paved driveway. He would speculate that the fire department would accept that width. Mr. Abrams said that the stipulation could be made, in order to preserve the lot, the drive be built„..not to exceed 12 feet." Councilmember Fletcher with the agreement of her, second changed the motion to read "...not to exceed 12 feet." Councilmember Brenner noted that the Planning Commission had asked for a 15 -foot wide easement; she thought that the usual required width. Vice Mayor Henderson said the motion stated it had to be to the satisfaction of the fire chief, and so he would have the final say. MOTION PASSED: The motion introducing the resolution and approving the Planning Commission recommendation with conditions as changed to read ...not to exceed 12 feet" passed on the following vote: AYES: Clay, Eyerly, Fletcher, Henderson, Sher, Witherspoon NOES: Brenner ABSENT: Carey, Fazzino REQUEST OF COUNCILMEMBER WITHERSPOON RE CITIZENS ADVISORY COMMITTEE ON C M Y B E V E L i F E N' T r Councilmember Witherspoon said that Councilmembers' packets contained a memo from Danny Fred and Naphtal i Knox on the make up of the Citizens Advisory Committee foe Community Development. A recent call from a citizen expressed concern that most of the people on the committee represented orgainzations that were submitting applications for Community Development Block Grant funds and/or receiving their. The caller had questioned theepproe lateness of that. She wondered if the committee chose its fellow members. She wondered who made the recommendations about who got funded, and also, what the males for being a member of the committee were. How long were people members of the co 1 ttee 7 Mr. Knox maid that he would find out the Answers to those euestions. Vice Mayor Henderson asked if Councilmember Witherspoon would follow up on that question and place the matter on the ageode if she had further concerns. CANCELLATION OF COUNCIL MEETINGS DF Y1 A3 NOTION: Councilmember Clay moved, seconded by Witherspoon, that Counc i l cancel its forthcoming meetings of May:29 and June 4. The motion passed on a mini-mous vote, Mayor Carey and:touncilmember Fazzino absent, $93 5/21/79 ORAL COMMUNICATIONS None ADJOURNMENT TO EXECUTIVE SESSION Council adjourned to executive session re personnel at 11:00 p.m. ADJOURNMENT IN MEMORY OF PAUL ARTHUR PEARSON s JR , MOTION: Councilmember Fletcher moved, seconded by Brenner, that Council adjourn in memory of Paul Arthur Pearson, Jr., son of former Council - matter Enid Pearson, who is recently deceased. The motion passed on a unanimous vote, Mayor Carey and Councilmember Fazzino absent. Council adjourned at 11:40 p.m. ATTEST. City erk APPROVED: Vice Mayor 694 5/21/79