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HomeMy WebLinkAbout1978-02-07 City Council Summary MinutesSpacial Meeting February 7, 1978 The City Council of the City of Palo Alto met on this date at 7:40 p.m. iu a special meeting, ► .th Mayor Sher presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon (arrived 9:05 p.m,) ABSENT: None SING COMMISSION RECOMMENDATIONS RE DRAFT ZONING ORDINANCE (Continued from 1/16/78, 211/78 6 2/6/78) Mayor Saner explained that the specials meeting would consider the pzopoaed new zoning ordinance. At the end of the regular meeting of February 6, 1976, Council was talking about commercial zones, and at the beginning of this muting he would acknowledge Councilmetsabers who still had amendments to offer. Next Public Facilities (PP) zoning and Planned Community (P -C) zoning would be considered. The three separate sections would be 1) Palo Alto Municipal Code (PM4C) 18.01 on Adoption, Purposes and Euforc ant; PAS 18.04 on Definition; PAfC 18.08 on Designation and Establishment of District. 2) PAS 18.70, Landscape Combining Districts, a PAMC 18.74, Flood Plain District; PAMC 18.79, Civic Cuter Combining Aietrict; PAMC 18.82, Site and Design Combining District; PAMC 18.83, 4£f -street parking and Loeal Parking. 3) wining districts beginning with 18.88 to the end, including variances, vas permits, appeals, non-eonfora ng uses, non -complying facilities, amortizations, and edminisatrative approval of minor changes. Commercial Vice Mayor Brenner eeid that page 107, Special Raquiteients of Section 18.43.070, presented au inconeiatency between paragraphs 1 and 2, which combinedresidential with commercial. On the seater of density for exclusive residents use on any side, both density and use paralleled ft -5 districts. She felt that a ea incentive to developing camerae: into residential, yet, on the second eeint, the difference between exclusively residential sad nixed rewideetiel.(with commercial) , it appeared a boons woCld be given for gutting even "a tin amount of commercial o* the spot." ate wee no twee to eater or open specs, she aatid, ;- dis .- tbat. e reference to re-dsable open ewe aid be made so that the subject basil izs motitd be diet1nguis3s from commercial. a1. NT; Vice Meyer Drew coved, seconded ed by Pletchey, that on PaSe 1070 under r 20 ,lam 21., the word "exclusive" be deleted; and cm Number 4. Line 23, the words "iced reside tial and non-residential use on any side No usable open space shell be required," be deleted. 3liklor Sit staked if that meet that oc a - vacant .lot need exclusively' for reeideetiel in a F 9e op die requirement. Vice Meyor Braemar. agreed, saayi►ng _that if the sems lot mere used for ctcial there should be epee spans, with - the understanding that open spec* did not ease open a► at mood level amiceesatilY, sod this rsMuireaot could be setisfied_by balconies, axed the like. 6:3 $ 2/7/78 • 1 CITY cOUyCIL MINUTES ITEM Planning Commission Recommendations re Draft Zoning Ordinanc!! 637 21717; Special Meeting February 7, 1978 PAGE CITY Or PALO ALTO Special Meeting February 7, 1978 Corrected see paw 825 Corrected see page 825 The City Council of the City of Palo Alto met on this date at 7:40 p.m. in a special meeting, with Mayor Sher presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Faeano, Fletcher, Henderson, Sher, Witherspoon (arrived 9:05 p.m.) ABSENT: None PLANNING COMMISSION RECOMMENDATIONS RE Z�N ORDNANCE (Contiau 1 1 C2J 1f 8 b 2/1,1 71) Mayor Sher explained that than special meeting wild consider the proposed new toning ordinance. At the end of the regular meeting of February 6, 1978, Council was talking about commercial zones, and at the beginning of this meeting ha would acknowledge Counci1menbsrs who still had amendments to offer. Next Public Facilities (FF) zoning and Planned Community (P -C) zoning vnuld be considered. The three separate asctions would be 1) Palo Alto Municipal Code (PAMC) 18.01 on Adoption, Purposes end Enforcement; PAMC 18.04 on Definiticn; PAC 18.08 on Designation and Establishment of District. 2) PAt1C 18.70, landscape Combining Districts, and PAMC 18.74, Flood Plain District; FAHC 18.79, Civic Center Combining District; PAMC 18.82, Site and Deeign Cntobin n, District; 7i.MC :.8.83, Off-street parking and Local Parking. 3) Remaining districts beginning With 18.88 to the end, including variance, use verraita, appeals, non -conforming assts, non-complying facilities, eaortinstions, and administrative api noval of toor changes. +o erc Mal Vice Mayor Bremer said that pie 107, Special Requirement* of Section 18.43.070, presented an fnconaistaacy bets paragraphs 1 and 2, which co ism residential with commercial. - On the ratter of density for exclusive residential use on any side, both density and use paralleled R-5 districts. Shs felt that gave OD incentive to developing commerce into reaidential, yet, on the second point, the difference between exclusively residential and mixed residential (with co rcial) , it appeare4 a bonne would be given fa petting even "a tiny mount of commercial on the spot." Thal tree no vefams ce to setbacks or open sue, she Braid, adding that. * ramose* to Tile open space should be made so that the eject buildings could . be distinguished from commercial. Vice Mayor Branum: moved, wended by Fletcher, that on page 107, user Number 2, line 21., the weed "wive" be deleted; and on fiber 4, Line 23, the words "OnmAL residential and non-residential use on any sib no u ibla ova specs shall be required," be deleted. IIIConneoteMayor fir asked if Wet that on a vent lot used elusively foe see page residential in a P -C none evuld hews an open space requirement. 82S Corrected am page Viaa Mayor Brenner geed, saying that 3.i the same lot were used for coneerciel there should be open speaks, with -the understanding that open space 4U not srese open stem at pound 1ev.1 necessarily, end the requirement could be sattmtLe4.by balconies, end the lice. 638 2!7178 Councilmsmber Carey said that he thought passage of the ameedment would mean there would be no incentive to add residential to commercial property, which had been the reason for that provision in the Cods. He reminded Council that commercially -zoned property was being discussed, on which the developer was entitled to build wholly commercial, Vi.ich required no open space. The language in the Comprehensive P1au had been intended to provide an incentive, whereas, with the proposed motion, a penalty for adding residential was given. He favored keeping the section as it vas. Councilmember Fletcher said she pictured perhaps.a small residential hotel, with no open space, end a -store on the ground flc.ar. Ia such a case open specs would add a great deal; a commercial development vith one or two apartments above did not present the same circumstance. Mayor Sher asked Planning ng Director Knox -ghat the situation would be if a developer vented . to build commercial on the ground floor of a smell piece of land, and . the developer was coaosidspring reaiideetial for the second floor. If the proposed amendment passed, how would the open space be provided? Naphtali Knox, Director of . P1 nriug - and Coesansaity Environment rephrased the question as being "What happens to open space in a mixed commercial and residential development?" He answsered _ that theoretically it was f eaasible - to provide tumble open . space on balconies or roof gardens. At prevent there was some imprscticality in combination* of the R-2 zone with commercial; the requirement* for parking and open *pees had prevented applications for that combination zoning. If the motion pAssad the City would remain in the sauce relation to such developers, for fulfilling r equirem to for both residential and commercial on the canna site forestalled such development`, The Cotkrehe!: eive Flan asked for a reduction is commercial areas, that le, fewer jobs cud more housing. The incentive had been mixed residential and commercial, with somewhat higher density permissi�lee. Anne Steinberg, Chairwoman of than Pleneing Come i aroma, said that the co fined coomerciel end residential zoning_wes diifereot from what Palo Alto had at present, It had bey initiated with the hope that housing would be forthcoming at a leseer cost than that presently being built. Councilmember Henderoon said he assumed the present residential parking requires to would haavee to be net, saying it made a "double negative impact" to require both open space sod parking. !fir, Knox said that he recalled that the Ply Director had been given the discretion to defer 4 percentage ge oi: the required perking splices, on a caaa-by-ceea basis. Coucilmember Brenner said that a teas ,g of the section showed her that there wee not are Dives to use e ,the i 1, land exclusively for residential. With the peasant ordinance the density for a piece of commercial 1 Lend put to residential use crass about the same es H--2; raising the land to R-5 - density seemed to her to be en twenties. Shm emphasized that the open space could be on tba roof, or, ea vit h.. Case 010, with balconies. Councilmember Sonderae noted that if open. space sure not provided on the roof the ball.couy ma7.d have to be very larva. Couscilmember Brenner propoeed tedecies the required open *pace to about 100 square feet, as i0 -foot ac lOofoot as would include that is her seendmeot. Councilmember Pletcher raised the possibility of an asendmeot which would aelrply the upon apses. vegulte me nt fans. the development mat used 639 *17171 more than 75 percent of the floor area for residential. That might prevent a development 'which was mostly residential, from having a email storo included just so that it could be called a commercial ctructure, with residential added, in that way avoiding the open space requirement. Mayor Sher said he thought a vote was needed so that a lot of time would not be spent trying to refine the motion. AMENDMENT FAILED' The amendment that on page 107, under Number 2, line 21, the word "exclusive" be deleted and on line 23 "no usable open space shall be required," be deleted; and that the phrase "300 square feet of open apace shall be required," read "100 square feet..." failed on the following vote: AYES: Brenner, Fletcher, Henderson NOES: Carey, Clay, Eyerly, Fazzino, Sher ABSENT: Witherspoon AMENDMENT: Councilmember Fletcher moved, see nded by Sher, that on page 107 tbe requirement for 100 square feat of uauable space per unit be required in a commercial/residential building only when 75 percent or more of the floor area of the structure was used for residential. Councila3+ec er Carey said he wee unasasy about the lest two ,notions which, ia his opinion, changed the 'Renee of the Comprehensive Plan. He had advocated addling residential use to coraaercial tress. Council eliminated the chance of getting that if it "tinkered around" with requirements such as that for open esps►cepercentage requiremente were wholly arbitrary. He urged not putting blacks in the way of righting the job/housing i>abalance in Pelo Alto. AMENDMENT TAILED: The amendment that thet e be 100 square feat of open apace required per unit for co ciel/re id.ntiasl building that had 75 percent reeldeeatial floor area, failed on the following vote: AYES: Fletcher NOES: treater, Carey, Clay, Byirly, Yea a:i o, Henderson, Sher ABSENT: Witherspoon Councilmember Eyeriy referred to page. 97 of_ the proposed revisions far the Toning ordinance update contorting Neighborhood/Commercial Site Development regulations, line 35. He noted that tbe minimum street side ya 'd was 20 feat, 6.1 meters. The seine of the front yard bad been changed from 20 to 10 feet and he felt the miniau side yard'limit was vary stringent, and it could not be used for parking. ANNAMMT! Co ucilmember Eyer1y moved, seconded tiy Clay, that the side yard else requirement be set at 10 feet. Couilmer Baer 'reamer asked if the aide yard could be used as access for parking in the rear. Z said that the requirementrwas for a Wen property. Coutcilmember bra said ash thought the variance pee old take core of those who wished -en emeeprina to 20. feet . Council earn trying to make commercialirosideatial saw compatiblo with the resi4eulal in the neighborhood, for whir& ligature area residents bad bawd asking. 6 4 0 2/7/70 Mr. Knox observed the similarities of linen 27 and 35 that contained language aimed at providing continuous side/front landscaping. He felt consistency required the mention that the 10 feet of the side yard should be all landscaped. Mayor Sher said he did not chink there should be a requirement that all ten feet should be landscaped. He would vote against it. Anne Steinberg confirmed that people who lived in areas that had neighborhood commercial had urged that corners look better than at present, and also possibly would be safer as well, particularly near Barron Park and E1 Camino. Council eeber Eyerly said that safety and aesthetic considerations were fine, but a 20 -foot setback on a piece of commercial property that was not readily accessible tc a great many customers was very costly. AMENDMENT FAILED: The amendment that the side yard size regeirenent on a corner neighborhood/commercial development be set at 10 feet, failed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino NOES: Brenner, Fletcher, Henderson, Sher ABSENT: Witherspoon Councilmamber Eyerly voiced some quaff about neighborhood/cots erci.ai. The area proposed to be ao zoned was considerable, and it was cut off by railroad tracks and so on, so that in order to be successful it had to be accesai. le to customers. He would go along with some restrictions because El Camino needed upgrading. He regretted that Council lead not had a survey done abut how mach square footage of neighborhood/commercial there was and how much housing that would provide. Council should view it as trial zoning, and monitor how it was functioning, so that if it was giving problems it could be re -zoned. Sic cle Facilities --Section 18.83.050 Poz'.ar or cuseion MOTION: CouncLt a ber Fletcher moved, seconded by Aendereon, that Council move the bicycle item on the agenda forward at the present time. That was section 18.83.050, page 169, line 19. Councilmember Fletcher esp1ainsoi. that a der of people and some bicycle• -locker manufacturers were present to discuss the matter, and other items were likely to take considerable time. NOTION PASSED: The motion pass on a unanimous vote, Councilmember Witherspoon absent. - Howard Smith, 3267 Emerson, saris his bicycle to commute dat1p to work in San Curios, weather permitting. He could not use his bicycle which was very expensive, for shopping, however, because of the very re:1 fear of theft. He heartily favored the iaataallatton of bicycle lockers. David Charles Harris, 2121 Sterling Avenue, Mania Park read a letter from The mil el' Presidents of Students at Stanford endorsing the proposed regulation requiring bicycle storms facilities st area constructions. Be cited the threat of theft and vandalism to bicycles that kept students from attending and patronising events its Palo Alto. The letter emphasised that providing bicycle perking was lees expensive than providing automobile parkin, end be noted other advantages a of encouraging bicycle traffic. 3. observed pereenelly. that provielems listed is 18. .0601 eight be "too car alarm ae amd lamed to dedixtimg see bdaytle rrgi r te. BO felt a m or a raepid emicheasime sass needed. 641 2/7/76 1 i Corrected I Page 825 Beth carrell, commuted between Mount& which she found very convenient. Sh however, particu€arty while shopping security could be assured. Dale Reyeolds, manufactured bike 1 company also distributed lockers and Washington, D.G. Palo Alto lockers. Re gave some figures c as the effectiveness with which in View and Palo Alto by bicycle, did worry about bike security, She preferred to shop by Like, if ockers in Northern California; his in 37 states, one of which was Hawaii was the first City to 'code in' bike iting the safety of the locker, as well they utilized space. John Armstrong, spoke of the vandalism to bicycles at the California Street railrrad station"anything just to damage" from twisting frames to bending wheels. The vandalism had not even been reported. He thought bike racks should be checked, part icular4 y when school was not in session. Mr. Armstrong said he had had two bicycles stolen and had a rear wheel stolen, and nav the front wheelon his present bike was damaged. He thought bicycle lockers would be used. John Breedlove, Manager spoke of Stanford's fur 22 smiles of bicycle pa reasonable amounts . " questioned the amount asking for about 400 Stanford's master p parking places. '`o were about 50 ore either, ^'.sough e varieties of bic He was q aatio money for equi storage when He asked that "deferral sy direction." before req Counc i explained Counct aanite $golf toad prow Mc of Planned Resources at Stanford University, therancs of facilities for bicyclists, with about ths, and bicycle parking "in what we consider So far as the proposed ordinance, Stanford of bicycle parkin, Which he sawas excessive, bicy:le stalls in Stanford whopping Center. lien, approved by the City, asked for 200 bicycle e 100 parkillg spaces for bikes presently provided ent used. Locked bicycle racks were not wholly used c* were: used for storage, which, to him, suggested that yc le racks were needed. r.,g that "someone" ehould require that the investment of paaent mood the allocation of -land be given to bicycle t it was nut kno whether or not the lockers would be used. Council go slowly in its requirements. He noted the stem" referred to on page 177, se "a step •in the right He thought some experimental tasting would be in order uiremeets ware i mpoe ed . r Paulo° asked to have "Clamors 3" as a category of lockers Iffier Fletcher said thet it meant a bicycle locker or some MCI Area" peril with bicycles being.checked into an area, with a guard. Couaci1eeeaber faszino asked how such it vculd cost for Stanford to ide 400 bicycle lockers. . Inox said that the coot per locker wee about $150, which meant 400 lockers mould asst to about $50,000. Alas Wachtel. 1036 Coloratdo, commuted by bicycle to either Stanford or Stanford Linear Accelerator daily. Be did not faor bicycle use over automobile use. He sass the requirement for bicycle storage as an attempt to provide for bicycles that which had always been given to automobiles. Be liked the City's plain bicycle rack which required only a pia and padlock. He wished its use was sore rely erailmbia- -t re MOTS none at California Avas ue. He would like to use bike lockers, one reason bed protection from the rem. If bicycle storage seas free, that was enough for his. resettle.* of clove. He asked that bicyclists be given the same break as eve else Chrit+t is Mitchell, Palo Alto, used a bicycle to go to and from work, but aot for sherries becomes of bar bad experiences with theft. Ail blade of storage to be prey for bUyl. thieves, who bad *leo developed high t►.c w ergy. AMENDMENT: Councilmesbez Fletcher .moved, .seconded by Henderson, that the last line of the provision aborat.pccking read 'uot-more than 10 percent of the auto and bicycle parking spaces -to.be deferred." Mr. Knox explained that the entire section of.P.ANC 18.83.080 was devoted to auto and bicycle. parking. He recommended -that line 8, page 177, as an alternative to the proposed amendment, read "Auto andbicycle parking re4uirements" . Councilm,ember Fletcher agreed to accept that alternative. AMENDMENT PASSED: The Lam ent that liar 8, page 177, read "Auto and Bicycle Parking Requirements" pa::sed on a unanimoes vote, Councilmeaber Witherspoon absent. Councilaamber F122iao said be favored foateviiguse of bicycles but the costs gave his concern, particularly for Class 1 fecilitiu . He asked what others felt about the possibility of combining classes of bicycle parking facilities. Mr. Knox said atef f had . not discussed that. possibility . Recently the Ply Department bad looked at the Cesann-property, end, referring to page 124, use category 22, hs►d that ordinance been in effect 42 bicycle lockers would have been required, for. theraeare 42 coodeeiniuma on th t property. Council had decided to require 40 bicycle: parking spaces, of combined Class 1 :td Class 2, covered. Cotncilr ember Fae in.o &old hs thought the issue of bicycle parking loomed ahead. He did net know if this was the time to adopt the ordinance. Mx, Knox said that the table concerning modes of . bicycle parking on page 183 was Lengthy. If . Council directed, staff could revise the table. Perhaps requirements for . Class 1 bicycle parking could . be sodifiee to having specified percentages of . C1us 1 dined with Class 2 or 3. Mayor Sher said he thougLe the seining ordinance should have . the bicycle ordinance in it ben Corn' l adapted • it, with - the recognition that approval - of the zoning . map was contingent upon the zoning ordinance. The Planning CommisaLon, . in the interim,, could reconsider the stipulations of the bicycle parking teas. Councilmeeber Paseiceo concurred. Fir. Knox aid he thought the revision• of - the table was. a technical matter for staff, not - involving the Planning Commission. Councilmember Fasainne messed that be would like staff to explore the paeeibility . ei: combining classed' of bile parking. Mayor Sher asked Mr. Knox and Aasistast City £tornsy ;OAS Green if Council was f real *►t that Una is Aoal.with aaaigaments to - the nannies C.omission and/ore the staff. Louis Green, Distant City S►t t„aas g said. Council could . refer the item anytime until the final 1 active on .the orb . - It uecapprepriete for Council tosake refertelet.aed._emeh referrals .would.not. limit Council's actions on ebsequent settings. AM fl T: Councilnenb Fug mew . that the ism of different bicycle classed be referred . t e the-Plasniag ` • for. dimcuuion, with en aye to possibly combining tie, c•lssses im varies use sx e . The amendment died for lack of a second. 443 2/7/7 Councilmember Carey noted that Class 1 was foi a covered facility for long term parking, up to one-half hour or more. In his mind long term parking meant one half day or more. Generally, he did not understand the distinctions made between long and short term parkingon the table. He also questions the proposed requirements for one bicycle parking space for each dwelling unit, and for the bicycle par:zing facilities for animal care installations, municipal facilities, and more. He said "I think this thing really got lobbied and I would like to know what the staff recommendation was." Be feared the City would require many bicycle parking facilities that would subsequently not be used. AMENDMENT: Couscilmember Carey moved that. Council ta11e the matter of bicycle parking facilities. Councilmember Carey said he would move to consider the matter later that evening if it appeared Council would finish, with the understanding that if Council did not finish staff would have time to return to Council at the next meeting with. its previous recommendation about bicycle parking. Mayor Sher pointed out. that the Plaudits Coaeniasiou recommendations concerning.several other shatters as well, was before Council. He said that perhaps Counci er Carey meant he did not want any farther discussion on the matter of bicycle parking at this time. Councilmember Carey said he wanted the Ming to move forward an perhaps he would move to continue discussion of bicycle perking facilities to the next meeting. Mayor Suer called for a second to Councilmembar Carey's motion, about which, he said, he would then make a rulieg. The motion died for lack of a second. MOTION; Councilmember Carey moved, seconded by Clay, to continue to the next meeting the diaacus&nun of the bicycle peeking facilities. Councilmember Clay aaid he thought it would be appropriate to continue to a tine when staff could give its recommendations. Counc ilmeiber Carey qualified that his motion . was to continue further discussion of bicycle parking to the end of the evening, so it would be known wbether or not Council had finished its discussion of the Planning Commispion recommendations. Mayor Sher said he thought the motion wart in order --after ail, the natter had bean brought forwarrd, on the agenda. He did want to proceed tbrougb the toning ordinance. If a majority of the Council wanted to defer on bicycles at the moment, the motion was altogether in order. Councilmember Bye::ly said he would like staff to bring to Council its original recommendation*, and also a new set *rich took into account comments that had been wee that evening relating to combining different 041144141 of parking, and also some secheniive for deferring sone space for bicycle parking into Landscaping, as had boon done with auto parking. Coici1eenber Fletcher said that along with the staff rercamme dattn she would like to read what wee said at the Planning Commission meeting. She said that Class 1 parking - wed be preferred for wherever there: was employment, and that would be long teem; parking centers would have short tern parking. Long toe parking ge nerallt- would mean twee vas tine enough for someone to cut tile padlock or cra in. Councilmenher retsina agreed with Clmoci1meaeber lysrly. Hs bad preferred sending timematter to the Planning Commission for there old probably be a lQaig discussion if staff returned with it directly to Council. 664 2/7/7$ 6 cAq Mayor Sher explainedthat.ths.metion,.t.sa,.was.to continue to the end of the pres',nt meeting further discussion of the.bisycle section in the pro;.ased zoning ordinance. AMENDMENT TO MOTION TO CONTINUE:..Councilmsaber Clay moved, seconded by Witherspoon, that discussion of the bicycle section of the proposed zoning ordinance be continued to a time whenstaff. could return with its initial recorwendation. Councilmes%ber Carey reminded Council thatithad heard from .the public, and so any further talk would .ban among Councilmembers . AMENDMENT FAILED:_ The amendment that discussion.of.the-bicycle portion of . the proposed zoning amendment be eontieusd .-t to a time • vas staff could return to Council with its initial recommendation - failed on the following vote: AYES: Brenner, . Fazzino, Clay, Witherspoon NOES: Fletcher, Henndserson, . Carsy, Sher, Eyerly MOTION PASSED: The . motion, that Council -continue conti to the end of the present meeting or . another. weetingfurther discussion. of - the bicycle section of the proposed ping ordinance passed on thefollowing vote: AYES: Carey, Clay, Eyerly, Fazzino, Henderson, Witherspoon NOES: Brenner, Fletcher, net Public Facilities and Plannd.Cosmunitv Districts Naphtali Itox. seid_ that th his dspaartment'e memo of. January 26, CHR:129, page 3, it $, - a .recommendation for buffer provisions for .height limit, landscaping end side yards wcsa added' t.o. P --C zones .who.: adjacent to residences, those buffer* being eimi.1ar. try. those required for a;sssa mfacturing and commercial when within 150 feet of . arty - residenti . , iii, Knox said staff concurred, and similar pro.7 -„; - uld.be- fouud.ou pages 107 and 108, item b, stating that those provisions be.added to the P -C- developsanat regulations of PAMC 16.68. Mayor Seer said Council would.returns-to Mr..Ynom'-s recommendation. Robert Moss, 4010.Orsee, acknowledged the sxcsllaentwork. by.. tine PtA"n{ng Co aien- aand the -staff on the zoning ordinances. Ou the buffer proviaions.he felt tit:.. the maximum flexibility . staff bed wanted was not TmeturnsiVC far PAC sante& permitted just that.. Mr.mbas..askecd, however, that Cowl seat WM limit*, such as oasis for.50,foot hart, a maximum floor arse ratio,.amd-altegether, ens F -C . aoa e. with - fewer "wild cards,' which be. t b eugbtt _ grove -taste - much . license. -as : rsf*trse4 yts WA" rmrersi in 1 c on paM `]45, Sect 43.68.14111, 'T ee. l i.i�s to t the development schedule. . - . ." . W. &ss -said . there wee.no specific penalty for .tae e . d e toper fails tio meet . e .ply, • wh ch , =like a schedule- which reached as szpiretiou data, wan► - a pereenent.metter. Me felt some penalty wee . re axed . Thews ,add .been - requests on methods of enforcing peri oraeraasa c., end perbert evens - roquiringAs perf oreance tottd . He supported those requests. Patricia C.alle>e, 409.Melville,Avemno, , President of the Palo Alto Civic League, a poka. tbat sever f er . t . s aunt i ° a!s-. a ui committee. The P scanswme the coal a vitCh- ao =highs ra iserfetsaa "; ttrdiittncs ;475 ,i .3O,feet height limit ,ttb* u o t, rhea eity, and t P -C sone did mot c mply.•i -that ordinance.Afte-sekedthat the soning be emeeded tom: caegly- vUb - to ordinance, fer.high beefs were - distasteful and strained the fabric of the community, .Thee asked asked that they be made further fbls by forbi4dlis Ibis is - the P -C • seas +tale Weil. 4 VS d 4.3 2/7/7$ Joyce Anderson, 3881 Magnolia Drive, liated.aoms.of the miaimum standards far a p -C zone, saying that staff.reaomaendations for.limita on height and setback were not adequate. "A 35-foothigh.building.l0 feet from your back fence is oppressive," she remarked... A definition of minor change on page 242, 18.99.020,.uaine the wordc.'aube antially,' or 'unimportant,' was read differently by all people. If one owned an adjacent property there wag a judgment value. She observed that the P -C was a variance from any use; chw:gea, minor.or major, were additional variances, and should be treatod.ua such, she said. Though. staff said there had been no complaints to 'minor' changes, eh* felt neighbors should know about changes before rather than after the fact. She said other jurisdictions notified owners within 250 feet of variances under consideration. She asked that on page 244, 18.99.060, concerning Review and Approval process, lines 18 and 19, thet after the word "recommendation' the balance of the sentence be deleted, because Council had been faced with two referendums and one lawsuit over P -C development. She thought the P -C "a bad apple." Councilaeember Yazeiuo asked.Anne Steinberg, C airwoamn. of . the Planning Commission, if any discuesioe of sstabliehing.minime . requiremente for P -C had occurred at thee.Planning Commission meeting. Ms. Steinberg replied that there had been some discussion --at base there was the fact that P -C was not regarded. as a variance .or. a. subetittition for re -zoning. The object of the P -C was greater flexibility and that was why restrictions :jai not been made. Mr. Knox said that a building at the _corner of Cowper and Forest was a case in point. It was to become an office building under P -C, which customarily would not be permitted in a multi,famil,y zone under the Comprehensive Plan. 1 Councileteaber Fazzino asked Vast kinds of.minimum requiretsente.were made: by the County. Mr. Knox said restrictions depended on whore in the County the property lay, and what was being attempted. In Palo Alto "we ere always dealing with vest pocket situations ... with small-percreis surrounded by built-up areas where people have vested interests." Councilmembeer Pamela* asked the kind . of difficulty the building at Cowper and Forest might have had under the variance procedure. . Enox replied that veriantes were Dot related to use. They all.ovec a change in height, side yard or coverage.. -A use permit would not be permitted to change the woe of a building, for . iz vtuld. bevs to conform with the Comprehensive Plan, which wee 'suitiefamily. There would have heels no other rethod to permit that building to be used for office space, except the P -C. Councileem+ber Passim* said he thought the City needed the flexibility provided by the P -C, but it should net . be used unduly. He felt the variance procedure filled sd many needs. . MMEMT: Councilmumber Yaxaiato grad, seconded by Henderson, that to the P -C awe . requirements under paragraph u .oi paws 10"i end 108 , a 50 -foot )►.:right limit .be mod. Councilmsxhair Faszino said he tbough`s . that - did Aot . obacura the open- ended nature of the P -C vbii.e at the,same tips it assured that the, pro j tae~ t would bays ‘ to be extraordinary to qualify for 1'-C . or go beyond the height limit. Councilmenber Witherspoon requested that the .motes be divided. 646 2/7/18 “ Counci2meaber Carey *eked what was to prevent an applicant from asking for both P -C and variances. Mr. Knox replied that the requeata could be concurrent or separate. Councilmember Carey concluded thet in that case no distinction would have been made. Mr. Knox answered that a - variance from the height requirement was aPsays possible, along with sodif ications in side yard .and the like. However, granting of a vaxiancs depended ott a showing of hardship. Council:amber Carey emphasized that the P -C essentially gave flexibility to an otherwise rigid document, which, to bechanged, required seendments to the Comprehensive Plan, uoning ordinance and so on. Checks and balances were still available to the public, but recall and referendum were costly. The fear of P -C - was unfounded, - he .felt, .for P -C dial not give 'carte blanche' to Council, since Cotmcil was still gable to the public. The P -C ordinance stated that public benefit .with, specific findings muat result, . or it was not applicable. If a proposal had desirable public t enef its it was obtainable either _ through P -C or the granting of variances through changes of _ Comprehensive Plan, lard use map and zoning. The P -C ;rase more direct than . the granting _of variances. Vice Mayor Brenner spoke on than matter of hardship to the public: it WAS a hardship for the -public to hzve no.meaeuritag stick Whet a P -C was being reviewed, az 3. the lack of a yardstick was also hard .on the Planning Commission. She thought it would be a help to hive bases for comparison written in for both the Planning Commission and the public; then whether or not a project was a public benefit eoi.tld be better judged. She favored the u tion. Council* giber Henderson.agreed that the P -C gave an el+ment.of.flexibility to the Comprehensive Pan. At the same time the 50 --foot height limit and protection to Adjacent residential uses wage tvo-irgortant matters. Craaaating variances should, and did, . take considerable effort. He supported the motion. FIRST HALF OF AMENDMENT -PASSED': . e first iaslf . of . the amendment, adopting the P -C provision* ou pages 107 a 108. passed .on - the following vote: AYES: Eyerly, Fletcher, Henderson, -Brener, -Sher, Pazzino NOES: Carey, Clay, Witherspoon SECOND MAI$ OF ANCOMMT PASSIM: Ths second half: of the asa e:advent , approving s 5O -foot _ height lit, , passed . ea . the following vote: AYES: Eyerly, Pl weer, H,et aeon, ;ter, Sher, F azinn YOU: Carey, Clay, . Witherspoon A : Couocil,u her Carey mowed, she by Clay, that the sentence on page 143, lime g, tsaed "Tailors? to _meet . the adopted development schedule, if aty, shall result in the immediete reversion of the P -C district." Councilmember Carey . aat :eased tbrat , it . shoes , be. awe cLaer . that tilos was important. Assistant City Attorney Groom .e Eixaawed - that the inertias** a the mord 't tare" . saes proPesed . in air to clarify . the present latent of the F --C, szsl use sot a choose in present policy. 647 2/7/78 7 AMENDMENT PASSED: The amendment that line 8 oe page 145 read "Failure to meet the adopteddevelopment schedule, if any, shall result in the immediate reversion of the P -C district" passed on a unanimous vote. AMENDMENT: Vice Mayor Brenner moved, second by Clay, that on page 145, line 4, the clause read, "and provided only one such modification may be made." Vice Mayor Brenner explained that any modification had to go.through the Planning Commission and the Council. That was a routine procedure and called attention to the fact that there had been a formal extension of the P -C. Mayor Sher asked Mr. Green if, under the present wording, a P -C could be extended more than one year. Mir. Green replied that Line 1 on page 145, which reed "...prior to the expiration of the original time schedule", seemed to obviate an extension beyond a year. Were ouch an extension granted by the zoning administrator it would constitute a change in the zone. Vice Mayor Brenner said her motion was intended to emphasize that any modification beyond one year required a P -C amendment. Mayor Sher said he was confused by the motion, because a zoning administrator could not make a modification beyond one year. IIICOrreCtedCaugoilnember Witherspoon said the motion did not limit the length of see page tisre for which an extension could be granted, and.sbaa thought that safe. 825 Vice Mayor Brener s‘i4 she wanted to make it clear .that a P -C could be extendRd only once; also, her gyration made it clear "how any subsequent extensions should be made," that is, through a P -C amen4ment, the process of which was clear. Mr. Green said be thought the present mo4ion said the application for extension had to be made prior to the exptretion of the original time schedule. Ha e interpreted that the notion, as written, meant there could be only one applicaetion .that would have to be mule before the original time schedule had expired. AMENDMENT PASSEDI The amendment that the clause on page 145, lime 4, read "and provided only one auch modification may bet male," passed on the following vote: AYES: Brenner, Fletcher, Sher, Henderson, Clay NOES: Eyerly, Carey, Paxelno, Witherspoon RECESS AND .EXECUTIVE SESSION Council recessed to Executive Session to discuss litigation f ras 10:00 to 10:20 p.m. Upon resumption of the Council meeting Mayor Sher announced that during Executive Boaeiont Cavil bed authored the City Attorney to file as petition for a hearing in the California Supreme Cesrt of the recent decision in the Court of Appeal* ooncerning the Univereity Avenue approach to the Dumbarton Bridge. 648 2/7/78 Public Facilities and. Planned Ccemunity Districts, Continued Councilmember Henderson roferrsd to Public Facilities on page 88; he noted an errata item on line 12 giving the height in.maters, with (35 feet) in parenthesis. Councilmember 5enderaon spoke of the difficulty of getting compliance to P -C conditions. He asked if anything was before Council to enforce. Mayor. Sher said staff had been instructed to look into that matter. Assistant City Attorney Loris Green said he thought it was wader study. He did not know what progress had been made. Councilmember Henderson asked if penalties for non-compliance could be made a pert of the Palo Alto Municipal Coda (PAMC) , rather than trying to put it into tha zoning ordinance. Mr. Green said that if there were additional penalties they could be placed into PAMC or in the zoning ordinance itself. Mayor Sher asked if it would be possible, after receiving the report, for could to penalties into the zoning ordinance, before the zoning map was completed. Mr. Green said he did not knov the estimated date of completion ---if it cane through in time, pens►ltiea could be placed into the zoning ordinance. Councilmember £yerly said that in lieu of sufficient time,.Cour,cil could amend the zoning code and add the penalties provision. Vice Mayor Brennan referred to Public Facilities (PF) on page 87, eayiog that sometimes changes MUpped by wit out the public review that was required of other facilities. Did the City presently require Site and Design review for Public Facilities? She said Public Feci.lities was not limited to just public buildings. Mr. Green said he thought Section 16.48 concerning Architectaral Review Board (, ) regulations specifically included public buildings, et .cetera, both public . and - private. Also there V46 a - revive for the Capital Improvements Programs. Vice !Mayor Brenner . *aid she was . proposing that the Planning Commission review public facilities. Mr'. Crean seid _ public . f acilit.iees. amrs reviemed,if they . eesre wither a D district. All of the . P -Y buildings . eees.t -of - t -Bayshom. Fr wal+ were in e D district. AMEMDMENT a Pica. Mayor Brenner axed th et -Site and Design rev take place on ell public buildings. *seder Sectian ld.32.O73. The aumendment fe►ilad for lack of a seed. Coi_nl bar Witherspoon ese d if m bu - . � ec+sdd the 50-- foot height limit had a emortiantiamperiod. M. Crean said that . *radar prc sat .amd proposed zoning ordinances 'aroma-. complying buildlaegs-were , amortised. uses **sits , t+ mere amortised' such- es coi4,exciel in a': residential strict. Should belIdinga.ench as the.City . Veil be . weed, ter ,replacement. old depend upon the extent of the damage. 64 9 2/7/7$ Gr9 Chaptere 18.01 Ado tione Purposes and Ens or creme"t; 8.04 Definitions • and 18.084 Designation icta s nt o Districts Mayor Sher pointed out that Section 18.04 on Definitions was major; others were "morn or lass introductory to the whole zoning ordinance." Councilmember Henderson said that he thought Office/Research would be taken ep after PF and P -C. Mayor Sher said that had been section 18.07, and had.been combined with the commercial zone. He would recognize Councilmembsr Henderson if he wished to consider it again. Counciimember Henderson referred to page 92, line 4 saying the maximum height was to be 50 feet. He assumed that'.Stenford Induetrial Park eta being considered, and that the current zoning there -was Light Hanufacctering (114) where 35 feet was maximum height. Considering the same are as ene of Office/Research, was the height limit not being increased? Mr, Knox said the Office/Research eras along Welch Road had been so zoned; he was reluctant to mix the map and.the ordinance questions, In drafting the section on Office/Research, staff recognized that a number of buildings along Welch toad with that height a3,ss.aey existed. Councilme ber Henderson asked whet the current zoning was.for Stanford Industrial Park in the Page 'fill eras. Pretax tly itwss limited to a m>ex1-._.m height of 35 feet, and new it W4.4 being zoned Office/Research. Mt. Knox replied that the Office/Research . perk, residential category, was applied to Iedus trie2 Perk and also applied to the Welch Road office area, now currently zoned R-4. The height limit for R-4 was 50 feet, In the LM zone the height limit was 35 feet, CounciImember Henderson easid that obviously no building exceeding the height limit would bs torn dam, but he didn't want to open up the passibility of going to 50 fest for Stanford Industrial Park. Mr. Knox referred to pages S9, lines 36, . whist ez 1ained what the Office/ Research zoning was designed to. do. 4es the lend use map the light gray area cove z d. Stanford, Industrial Perk, the - area at East Meadow Circle, the area at Welch Rood and the area by . the .new .past - of fire on East Paysbore. Not many *rasa had correspondence one-to-uns .with sap end zones, except in the coma eercia1 arses and sons. While it.was- possible Office/Research _ mains could be applied to -Stanford Industrial Park, as Light Manufacturing CLM) could also be applied to tins • Of fie: a/Rsesarch arts, tine OR district wee developed to be different from the UK in some rezpe cts. Mayor Sher asked if awes "quite possible.and . even likely{:. that all of Stanford Iedssstrial. would not be OR -and that much of it would remain T.M. Mr. Ruox. answered that it wee likely.and.pessible And also -most logical. Mayor Sher said he thought confoeion-arose.bocause,a11,of Stanford Industrial park . on be. ' wms s.solore4.1tght4rayl, Which color was designated OR, None oUthe dark gc „ _ to doeigneto L, wras she there. Mr. Knox said that t . Ot: ice_ on_the.Comprehenelvo Plan NO vas eblr : to_ C'+bse 0emesel 'Ma as sexes 140. tbm.hemtinamee. OR shun iu tbs. Comprmbenei a Plan was' Pablo to the Lt. arses and the OR 8041146 Thomwma mo OR et the ttma of the. a tion af that Comprehensive Plan and the land use ate. 430 Mayor Sher repeated that whatwas seen was not zoned OR since the classification ion did not exist at the time of.adoption of the Plan and land use map. He said the record should show that ataff.h.d t;aid the Comprehensive Plan, including the laud map, didnotrequire that the Stanford Industrial Park area be zoned OR, in order to be consistent. There was freedom to zone Stanford Industrial Parkinone of the several LK categories. Welch Road was likely to be zoned OR, and that' -could be decided at the time of zoning. The dark gray zone.on.the map is likely to be zoned GM; the light gray area would.probably bezoned. either LM or OR; and there would be no inconsistency with the land use nap to have it zoned either way. Mr. Knox agreed with Mayor Sher's assumptions. Councilsesaber Henderson referred. to page 9?, . line. 27, . showing hotels as conditional use, within OR. He asked if they had been classified in R-4 or LM distracts. Mr. Knox recalled that during one of. Stanford University'spresentations, it had been said they would like to as able to consider a hotel for visitors to the hospital, immediately adjacent to it; a hotel was also being considered for a location adjacent to the Children's Hospital -- called a "hoptel" facility, a live-in hotel. The Planning Commisaian had agreed to insert provision fot such facilities in the draft ordinance. Councileeever Henderson said he would like to age such a provision limited to "hoptals." He did not like to have the poaaasibi.l.ity of hotels on Seed Hill Road. Perhaps, since it was conditional uae,.it could be protected in that manner. 'ii a M.eyor Brenner asked if t.eff . Assumed. that the office complex on the corner of Page Mill and Foothill Expressway would be.LX. She was -concerned about the posasibility of raising the height limit there. Mayor Sher affirmed that anything in the light gray zone could be zoned either LA or OR. Mr. Knox referred to line 28, lines 311, which . listed ..specific purposes of that Ut.zone, indicatingthat tba 1X. district was.intended primarily for application to sites identified lox research/office park use in the Palo Alto Comprehensive Plan. Those lines strengthened - the ties between the Iii zone and all of the light gray area in the Stanford _nduotrial Park. Mayor Sher said be assumed . these was no -further discussion of they O. zone. Lie co tin. jd that a Counallmomber bad - s'skad hies to ask a tef f %.-hen it wou14.be appropriate for a mar of the -public . to spec on a topic which did not fall weer a clear heeding, namely, the El Camino Pet Hospital. If the land use map applied, that net. hospital, would fell in a residential, zoo* end become a e -uonforning use. He directed his question to lit. Knox, es to wbether or not - th a . present time would be appropriate to talk about nose-confoxeia use and amrtisation period. Receiving a negative reply, he proceeded to the Definitions sections Alice Ssith, attorney, represented Willis Photo ISeb on Loma Verde Avenue. She said there was no definition of whet . en Oats use was, thoueh tbslre was emcb discussion on Home Occupation. She ssksd for more clarificatioa oea . the definition of Office Hera; sibs . said - Om mold find -it useful to have an laden in Definitions Shoring Aare such uses occurred is € e text. Wes this the appropriate time, ache asked, to die Mame Occupational Mayor Sher said this teas the: appropriate tip - to taIk about -the def initiou 44.11Ame Occupa►tioa---it Was defined on Page lb. 631 2.t7/7S As. Smith said she would like a definition on occupations now being operated in Garages of private residences. which included use of mechanical or electrical devices. Was that a nom -conforming uee? Or was Council "just going to avoid that discuseian?" Page 201, she said, began the regulations saying 'No mechanical or electrical equipment shall be we'd. . . ." She said the specific property vase lot in an R-2 zone. Her clients eight be able to have both their -home and their home occupation on that lot. She pointed-out.that.the definition said "no mechanical use's, yet there were mechanical toys "all over this town." Mi. Pratt, 1136 Waverley Street, asked to have the definition of a Day Cars home. The present definition said that a. day cars hone for less than six people had to be state -licensed. Be had-t ht.a City license would be required and that the State did not enter tha.matter until over six persons were being cared for. Mayor Sher said he would eah staff abov%; : that requirement. Rs asked if Mr. %sox. Director of Ply and omegnity Inviroument, -had roreections or changes for the area now being ccusidered by Council. Mk. Kaoz answered that his department had sent Council a report with some staff recommendations on Sebruar? 2, (CHR:162:8) . The recommenda- tions pertained to the draft ordinance tent. Several.of the recommenda- tions related to the definition, and staff would like to have all of them included. Tha first change referred to the need for a dof in#tion of "caller." He asked that it be inserted at Section 17.1., "Cellar is that portion of a building between floor and ceiling which -is wholly or partly below g:ada az.d so located that the vertical distance from the grade to the floor below is equal to or greater than the vertical distance from grade to ceiling." The Planning Co ission had intended to include ire the definition of gross floor area the *rases in - cellars that were deemed usable by the bnilding official. Mayor Sher ascertained thet the first page of the staff memo had the five items staff had wanted included. Itr. Know polated out that the lest two of the five -item. related to natters relied by the audio .e that .vexing. The fi2a item related to a definition< of Home Occupation, and sugagosta . that 41_414214044 be added saying "tat regulative" for % ocapatien+e. Stati s .18,88.130. on pages 201:-202." Owncilmember Moieties moved, seconded by Witherspoon, that Council approve the five recsememeistions contained in CMC14211.8 for inclusion La the zoning ordinance. Vice Meyer Imam m ssi.d - she fated - intiusion et . all the changes. ANSVDNUT P $1 The emeedient that Cow approve the five changes suggasted iae 11162:8 for inclusion in this mooing ordinance passed on m:Dimon# wrote. Ptr. . loon said that the answer to VW. Smith' e _ quos Uas - included in the changes. wit k5r.; Lett's *motion, a family day tee:home foir the elderly did mot bave to be Starter-licenc d. Added to the definitiritvsaiff the statement that a isy care caster for the elderly need not be licensed, the math cetera for other than the elderly bad to be •State licensed. W. Orem said that snob a stetsme nt was not imconsistent with any other automat in the numicipal code. Se understood that licensing was not conducted by the State. these were Static requirements, He cootieued, ram: rims to definition 83 on pane 21 for residential care. homes. that is recent soothe Council adopted two off, 024 of 6 32 which was to amend the definitions -mead uses .under .use permits in R-1 zones. to. allow. housing for up te. six aiderly. porsoas.. _ Sub: ,+gwently, in response to requirements of the Stater Welfare and_ Institutions code, a further amendment-waa.made to the definition for licensed residential care homes to include those.uses, which by State law now.are required to be permitted in the R-1 tones. Mr. Green asked that., in order to be in compliance with the lens concerning residetctial care homes, those_ ordinances previously adopted by Council be ceded. AMENDMENT: Mayor Sher moved, ssconded. by.Witherspooa, . that definition 83 on page 21, concerning Res3.dential. Care Eau, hsver.wording added to reflect what bad been adopted by Council in orderto.comply with State Law. The amendment paaeed on a bus vote. Councl1meaber . Witherspoon referred to page . 8, definition ition 9, line b, saying -she would like to tighten up.tbe dsfinition.o` short.tares girding. AMENDMENT: Counci er . Witherspoon. soared, . wed by Carey, that to Definition 9, page 8, be added ths.words "ancillary to.vetarinary care." The amendment passed cm a unanimous vote. Councilmember Witherspoon referred €o.page.9, line 10, ad. auggasted that as. an errata "commercial" be changed to read "commerce." Couacilmember Withar.3poon. saa.d Chat on page 9, def io.iticn 18 allied with another (Change of Use) on page 24. 8be. asI ed that time be.clarified. W. itnox said.taoax references were cross-indexed. _Sa said they r.ouid be crows -referenced both way*. Councilsaem►ber Witherspoon asked fear - soya . delineation on page Ll, definition 30, which spoke of a Daylight Plane. Mt. 7.1 -;ox explained the perepeatitau of hov. dsyl3ght . plma - vases arrived at, saying ha would.b►e.agreeable to_inaluding a drewina,on tbm aubiect. Councilmesbet Witherspoon referred. to. peee.18, definition 49, of e hospital. She did mot.think . the Sir - in . Dsmato rya Palo Alto would fit the definition. Although- it was e.l *pital, - it wee atzt_lu eively for outpatients. Mr. Knox said a hospital- wars - a . + . kisd - of intensive herd use facility which brought much crania, . semi. of it, such as emtargency vehicles, required special provisions. The SurgiCenser wits not so complex. C o'mcilares sr Witherspoon . asked bet+w- the See . Andress Beelth.Center or the SurgiCaztter would be classified. Mr, moms replied they could be called medical offices. they Counciliameber Faaaino referred to -.pale .11, Drive-in Service*. Be hid same concern about pede trians- mead cyclists. AMENLIMM; . Councilmumber rasmiso. weed., erd "b`r Roodarson, 'that on line 11, following the• uearrds . "autemebilsweslater, tbe *statement "Full acr. _. to - drive -tap window for pedeetrises and.bikers es well as for motor vehicle. shell be provided." Louis ..Gr , . ,8amietmzt , City dttai nup; . saidLtbet embers ems in the document . veete therms emy_effiseetime abliessi , ►- - additi n might sera. appropriately. M maw a1 - etwils rrns- 6.5 3_. 1/W/i6 Mayor Sher said that tha_propoaad.change.might be saying to banks and other such businesses.that if they waoted.te provide dive -in service, they had to provide access to pedestrians as well. Mr. Green observed that the proposed wordiag might exclude those places which mere&., provided auto drive -up services. Mr. Knox said he thought a sense motion, outside of the ordinance, might be appropriate. The matter would be.iooked at by.tbe Architectural Review: Board, and it showed Council wanted to foster pedestrian and cyclist service along with motorist service. Councilmember Fazzino said he would persist with his amendment. Councilmember Carey said he would vote against the amendment ultimately; he would offer a. sub.'> ;itute amendment, however, and . he suggested the ititem be placed on page 111, line 26. SUBSTITUTE AMENDMENT Corencilmseber- Caxey moved, seconded .by. Sher, that the condition for drips -ups be inserted in a11. appropriate districts where drive-in services are conditional uses, by. adding the words "so long as drive -up facilities, excluding car washes, providefull access to pedestrians and bicyclists." Councilmember Carey said that paradoxically he would argue egaiest his substitute amendment because pedestrians end cyclists could enter the facility. Mr. Knox pointed out that page 11, lines 10 -11 spoke tih diiva-through facilities, such as car -washing, wieicb, anomalously, required the same services for cyclists and pedestrians. A discussion followed cotaerning parking bicycles, walk up windows, and so on. along with the rationale busineae night have for encouraging or not encouraging pedestrians and cyclists. Counci,lssamber Fletcher emphasized that pedestrians and cyc1iato often could not enter a facility because it had closed, leaving only the drive -up window open. Al$ot parking for bicy 1es we* usually not available. Councilmember Henderson said be thought the key word was - "access." And if lutosobilet s had service; tyre should not be discrimination against cyclists end pedestrians. SUBSTITUTE AHENDKENT PASSED: Tha substitute amendment, that the surds he addend on page 117., .lins 26, rem, ,"...co long as drive facilities, excluding cow washes, -pride full. sccaaa to pesdestri&e and bicyclists" paseeBdon the folloving vote: AYES: Fletcher, Henderson, Eyerly, Brenner, der, Fesaf o NOES: Carey, Clay, Witherspoon Cauncilmember Passim* referred to pegs 13, lie 35-36, Definition of Grass Floor Acres. He eked ehat was 'want by the term "table" in a statement such es a"bast or attic floors 4nemed usable by the building department." Hr. Green said the tern "astable" might not mean habitable, but us* for storage sod the lika4mms still available. It was a term cry used by the building . department. . Councilmember Fazzino foresaw a possible problem in the future if people felt their gross area had been incorrectly measured. He asked if there were other less ambiguous words that might describe such so-called usable areas. Mr. Knox coermented that the building define and adminieter the ordinance. Attorney's office calls his for such word, official was the one who would When disputa! occur, the City definitions; tad be had the final Councilmember Fazzino asked about the definition of height on page 14, line 8. He was curious about the use of the word "may" in the phrase ...aeasurar.ent may be taken." When would measurement be taken in another manner? Mr. Green said that the word "may" permitted a measurement to be taken from the highest point, thus giving maximum flexibility to the designer/ builder. The phrase was taken verbatim from the building code. Measurements would be taken differently depending on the circumstances, such as coe plience with the building code and the like; other measurements might be taken from the standpoint of asking structural calculations. Councilmember Fazzino a seeded that if the word "may' was in the building code, it was adequate. AMENDMENT: Vice Mayor Brenner moved, seconded by Sher, that on page 14, Lines 67, the phrase "to the average height of, be deleted. Vice Mayor Brenner explained that she thought it 'vest to conform to the past practice rather than the building code, :ehlch permitted overall height to be higher than 35 feet in a residential area. Aseiatant City Attorney Green said he thought that the zoning adminis- trator used the building code definition of height. The present definition_ ior height read, "Building height means the vertical difference measured from the average level of the highest -and lowest point cf that portion of the lot covered to the highest point of the roof." Mayor Sher confirmed with Mr. Green tit those words meant Vice Mayor Brenner's understanding vas correct. Councilmember Hendereeon wondered if deletion of that phrase would make some people's buildings non-conf oraing. He received d the answer that such would no t be the case. AMENDMENT PASSED: The amendment that on page 14, less 67, the phrase "to the overage height of," be deleted, pasaed on the following vote: RTES: Fletcher, Neodor000, Brenner, Sher, Clay NOES: Bysrly, Carew, Fazetine, Witherspoon AMENDMENT: Vice Mayor Brenner red, seconded by Sher, that the words "contrivance or oblsct" on pegs 12, line 1, be replaced by tabs word "development," Vic* Mayor Brenner explained that "contrivance or abject" i c ar4cal. structures Mayor Sher asked if the vend structure would apply r golf course, or mould its use be restricted to .structures. 555 2/7/71 Assistant C!ty Attorney Green said 't related to buildings and structures. He did not think it applied to grading and the like. Mayor Sher said he thought that Vice Mayor Brenner, by proposing the substitution of "development", was saying that "any activity of that kind ought to be subject to the limitations of the code. He asked if the yacht harbor vas a facility, stnce it had docks. Mr. Green said he thought the docks constituted a facility. Mayor Sher asked how facility was define. Mt. Knox said he thought physical facilities were those which were on or in the land --tennis courts, swimming pools, buildings. The ordinance salt with them by the way they vsre placed on the landthrough setbac'ks,.. percentage of coverage of the land, etc. The word "development" lent a diffeeet.t construction to the refsremces to facilities. Vice Mayor Brew said she thought that if "facility" meant only a structure or building it was not clear; if the Planning Cc,aamissic►n's review were restricted only to buildings, its work old not be complete. A public facility, she said, such as a park, involved more than just the building. She did not want to restrict the Planning.Commi.ssion'e review to just the building, contrivance or object. Mr. Green said he thought changes that entailed the work covered by the Planning Commission, such es PF or D District, were tors apl.«priste in that section, for that involved a design yeview rather than a use review. ?tr. Knox referred to Chapter 19.v4.050, Physical Development of the City, and he road: "All matters affecting the physical development of the City wall be submitted to the Pluming Commission." He emphasized the verde "physical development." Mr. Knox He referred to elements of the mater general plan two pages further, to be included in the drawing up of the plan, He felt the consideration raised by Vice Mayor Brenner MIA covered in those subsequent sections, and there was nothing to gain from the specific change she suggested. Councilmembsr Corey maimed against making shell citrus* which nis►.ht prove to be not "minor," as they ware used in a consistent sense throughout the text and eight necessitate many changes. Ei said he mould oppose such motions. AMENDMENT FAILED: The smendment to substitute tine- word "development" for "contrivance end object" osa line 1, page 12, failed on the following Grote: AYES: Sr easter M0E8: Carey, Clay, E yerly, Fassino, Fletcher, Henderson, Sher, Witherspoon oiler Henderson moved, sec aid by 74nnino, Out on pegs 16, Definition 36 for "Lot or Sitc:'', the word "site" be removed end, under Definition 90 for "Site," insert the pct, "A parcel of land consisting of one or sore lots of record used, or inter to os 'eased, as as single use." ltr. Grown said -.that the entire teat should be examined to see how "sits" bad been used. 636 2/7/78 Mayor Sher observed that Councilmember Henderson's motion constituted an objection to using "lot" and "site" interchangeably. pie queried that interchangeability. Was there a distinction between the words? Mr. Knox revlied that there were situations where lots had been combined into a site. Mr. Green said he thought the consultant had arrived ct the woraage. He knew no reason for using both terms. Mayor Sher suggested having staff re -assess its use of the two terms and return with a conclusion. Councilmember Henderson agreed, and withdrew his amendment: ACTT: Cc7ncilmember Carey moved, seconded by Eyerly, that on page 16, line 33, concerning Lot Coverage, that the 4 -foot limitationon eave or roof overhang as en outside measurement be deleted. Mr. Knox said that at present square footage vas figured with all projections, and the 4 -foot limit permitted acre building on the site. Councilmember Carey stated that the 4 -foot limit penalized the owner; the Architectural Review Board could judge the aesthetics. "I'm excluding all projections," he said, 'because the projections limit lot coverage which limits square footage," Councilmember Fletcher sa!d sha thought the Architectural Review Board did not review R-1 buildings. Council `er Carey said he would ask that the 4 -foot limitation be removed except in R-1 buildings. Vice Mayor Brenner cemented that the 4 -foot limit vas more liberal than the ordinAmce praacntly in effect. AMENDMENT PASSED: The ameedment that on page 16, line 33, the 4 -foot limitation on save or roof overhang as an outside asmeasuremeut be deleted fair al.. excerpt R-1, passed en the following vote: AYES: Carey, Clays Eyerly, ?azzino, Witherspoon NOES: Bremer, Pletcher, Rao Berson, Sher N / T: Councilmember sr Carey , *scowled by trimly, page 16, line 24, gong Lot Area, that the weds "amet excluding any portion. . •.i to the end of the seater, be deleted, with I-1 properties to be excepted. Councilmember Carey said the method of.measeurissig a lot area reduced the value of the property. Mk. Green ascertained Chet any single-family dwell, not juat those in R-1 districts, vas excluded free the method of measurement. Mr. Dios cited cb ptsr: 1C.44.31O, which had the same provision ea that proposed change Councilmember Carey's motion would a..ke. Vine a Brenner said that a policy in the Comprehensive Plan dealt with preserving natural mmterosureee. Shs felt that won Park mould be affected: by the change. The industries on the lard uphill from Mnen park *mild d be encouraged to put th.tr zaterweye in conduit. She that it via a rather drastic change. People from Bannon Park bad 657 2/7/73 CS? • 1 tr been in the audience earlier to speak to that item. She thought the matter would come up again, for it was not "just a minor change.' Councilmember Fletcher asked if the proposed change meant that s creek area could be covered over. Mr. Gr:een replied that the creek area, with the proposed change, would be counted in the lot area. There were some limitations about building over waterways. 'de thought the Water District had than easement for most of the creeks. M. Green thought the proposed change "would merely allow you to include the area covered by the creek in the ca1culaeti►rna for determining the total lot area;" hence, determining how big a building could be built. Councilmember Carey said that permitting the creek to be built over was not the purpose or the effect of his motion ---there would be "absolutely co effect on setbacks." 0i, motion changed the method of making a mathematical calculation on lot coverage. Vice Mayor Brenner said the proposed motion, if passed; would expand the zoning envelope in areas where the Comprehensive Plan had directea;' that the zoning envelope be reduced. Calculating area with that method would increase the buildable lot area. }!r. Knox referred to page 198, lines 10-15, relating tc wetercourae or channel, and read: "No portion of a lot which is located within the linec of any natural, watercourse, river, aetre!a m, creek, waterway or channel or flood control or drainage easement shall be incledad in determination of the plot area or dimeusions, a .ad all meaeuraements and dimension% rpecifled by the title and related to or dettreained from lot lines shall be measured from theboundary of such watercouree or ehannel.." .ayol: Sher observed that ehenging the definition meant that waterways could be included in the determination of lot area. He said that another correction would have to be made elsewhere to conform to the change being proposed. AMENDMENT PASSEDt The swendmesnt that on vase 16, line 24, concerning Lot Area, the words "and excluding any portion. . .'' to the end of the sentence, be deleted, Vida R-1 properties to be excepted, passed on the following vote: AYES: Eysrly, Fazzirio, Caarey, Clay, Witherspoon NOES: Sher, Henderson, Boer, Fletcher SCINIZULING NEXT ZONTIE WING City Manager Walk= projected a calendar of February, showing available dates. Mr. Knox said he thought Pebruasy 13 and 27 had full agendas. February 15, 21, and i5 were the remaining dates for zoning ordnance meetings. A discussion ensued an possible meeting dates. MOTION; Councilmembex Henderson moved, sued by Carey, that the next zoning grrdamme* meting be held February 15. The motion' passed on the fo1Iovi¢ vote: ATES: Yletcher, Henderson, Bream, Sher, Witherspoon, Clay NOM ltyarly, Carey, Passim 658 2/7/76 4#Y 659 2/7/la Councilmember Fazziano expressed dismay that he would not be able to be present, and he had planned far in advance to be gone at a time when Council was not meeting. He asked that the meeting be delayed one week so that he could be present. MOTION FAILED Councilmember Clay decd he would change his vote to "no," and Councilmember Witherspoon joined in switching to a "no" vote, which defeated the motion. Mayor Sher said Council was adopting a zoning ordinance, and it had to be done so that the Planning Commission could start working on the application of the zoning ordinance to the physical parcels in the_City. The zoning ordinance would not go into effect until the toning map was applied, perhaps six months from the present time, and so there would still be time to make changes. The Planning Commi es on had had 37 meetings an the zoning ordinance before them. Be urged Ceauncilmeeabere not to delay further. NO'T'ION: Councilmember Carey moved, seconded by Henderson, that Council meet to discuss the draft zoning ordinance on February 14. Coencileseembeer Carey suggested that the Finance and Public Works Committee meeting could be moved to February 15. Councilmember Eyerly said he would not be able to be present February 14. He expressed doubt that the entire zoning ordinance matter could be completed in one meeting and he proposed scheduling two meeeetiags. Mayor Sher rum ed up that it would be best for Council to meet sooner rather tbax later, since it seemed unavoidable that one or another Councileember would be unable to attend. MOTION PASSED: Tht motion that Council meet eto lis :uee the draft zoning ordinance on February 14 pasaaed on the following vote: AYES: Bremner, Carey, Fuxin, Fletcher, Henderson, Sher, Witherspoon NOES: Clay, Eyerly NOTION TOCONTINUE: Comacilmember Carey moved, seconded by Henderson, that diecuosioa of the draft zoning ar .inancee be continued to February 14. Themotion passed on a unanimous veoicO vote. ADJOURNWSNT NOTION: Council bar Carey moved, seconded by Carey, that Council adjourn. The motion passed on a unanimous voice vote. Council adjourned at 12:15 a.m.