HomeMy WebLinkAbout1978-03-20 City Council Summary MinutesCITY
COUMC L
MINUT€s
CITY
PALO
ALTO
Regular Meeting
March 20, 1978
ITEM
Adjourned Meeting of March 13,. 1978
Request of Councilmember Fletcher re Bicycle Week
(Continued From 2/21/78)
Request of Councilmember Fletcher re Building Numbering
(Continued From 2/21/78)
Request of Councilmember Fletcher re Drive -Up Service Facilities
(Continued From 2/21/78)
Request of Councilmembers Roy Clay and Fred Eyerly re
City's Howe Insulation Program
Oral Conic=.tions
Bernice E. Di Giovanni, 632 Chimalus Drive
Harrison Otis, 909 North California
Adjournment
Regular Meeting of March 20, 1978
Executive Session Scheduled
Oral Communications
Consent Calendar - Referral Items
Master Trails and Pathways Plan
Consent Calendar - Action Items
Amendment to South Bay Dischargers Joint Pars Agreement:
hater Reclamation Agreement
610-616 Forest Avenue: 701.717 Webster Street:
Approval of Final Condominium Subdivision Map
Application of Cower-Naarilton Building, Incorporated
International Telephone and Telegraph (ITT) Corporation Land
In Palo Alto Bayiands: Approval of Pre -Zoning Change From
A -C -D (Agricultural Conservation --Design Control) To P' -F -D
(Public Facility --Design Control)
265 Lytton and 430 Bryant Street; Approval of Appeal of
Kermit Knopf From Decision of Director of . Planning to Deny
Preliminary' Parcel Map
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ITEM
Consent Calendar - Action Items (Continued)
880-884 San Jude; Approval of Appeal of.Kjel1 and Bjorg.Knutsen
From Decision of Director of Planning to Deny Pre1 i Mni nary Parcel
Map
2500 Faber Place: Change of Prezoning From A -C -D (Agricultural
Conservation. -Design Control) to L -M -D (Limited Manufacturing --
Design Control) and OAD (Open Area Design Control). Application
of C. R. Carlsen and McKelvy-Ely Land Company
625 C1 Camino Real (Holiday Inn) Change of P -C Development Plan 7 8 6
Application of Clement Chen Jr.
Recess 7 8 9
625 El Camino Real (Holiday Inn) (Continued) 7 9 0
1055 Forest Avenue Preliminary Parcel Map; Continued to March 27 7 9 3
Ordinance Adopting New Title 18 Effective Upon Adoption of a 7 9 4
Mew Zoning Map (First Reading 2/27/78)
Adjournment to 7:30 p.m., March 27 8 0 3
PAGE
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783
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3/20/78
77
March 20, 1978
Adjourned Meetin, of March_13, 1978
The City Council of the City of Palo Alto met in the adjourned meeting
of March 13, 1978, at 7:40 p.m. on March 20, 1978 with Mayor Sher presiding.
PRESENT: Brenner, Carey, Clay (arrived 7:45), Eyerly, Fazzino,
Fletcher, Sher, Witherspoon
ABSENT: Henderson
R EST OF COUNCILMEMBER Lt ER FLETCHER
on rc"7/21 78. (C :121:8)
Couricilmember Fletcher said that the American Lung Association had set
the week of April 30 -May 7 as National Clean Air Week. She asked that
Council declare that week as Bicycle Week, to run concurrently with
Clean Air Week.
MOTION: Councilmember Fletcher moved that the Council of the City of
Palo Alto declare April 30 to May 7 as Bicycle Week.
Mayor Sher said that as Mayor he could declare it Bicycle Week, rather
than processing it through Council. The matter was on the agenda so
that some determination of requited staff tlee could be rode about
the project. He preferred that it be handled as a proclamation.
Counciimember Fletcher said she had asked staff to contact the Bicycle
Advisory Committee to gnt suggestions for activities --it was hard to
estimate needed time. Perhaps there could be a noon rallye with display
of locks and lockers end racks, and .f City map showing safe and speedy
bicycle routes from home to destination, and perhaps during one Sunday a
low -traffic Palo Alto street could provide a bicycle promenade, or a
bicycle ride to Foothill Park using a little-known bicycle route could
take place.
Charles Walker, Acting City Manager, said he thought required staff time
would be fairly minimal.
Mayor Sher confirmed that perhaps staff would like to have a motion,
eter than a proclamation, with a suggested time of about ten hours to
be spent on the matter by staff. He then seconded Councileember Fletcher's
motion,
Councilor ber Witherspoon dsmurred at giving steff time because any
groups pushed for such proclamations. She thought perhaps the police
department could be represented, giving residents as opportunity to
l i sense their bikes. She thought the Bicycle Advisory Group could
handle the matter and then staff time would not be involved. Perhaps Mr.
Scott Catlett of the Racy ation art t 'could' hat€d1e the setter:
Council or Fletcher said she would like the week to be productive,
and more staff time night be needed. She thought it would have City-
wide benefit,
Councilobeur Eyerly proposed declaring a "Clean Air lac" and include
pedestrians and those who used other modes of transportation. He did
not favor using staff time for :roe individual group, ezrept from the
standpoint of giving direction.
AMENDMENT: Councilmomber Carey moved, seconded by Witherspoon, that the
motion be amended to cad that the staff time should be aainia e1. The
amendment passed on a rantmous► vote: Councilmember aim absent.
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3120/78
MOTION AS AMENDED: The motion, that the City. of Pelo Alto declare April
30 to May 7, 1978, as Bicycle Week, with staff time to be minimal,
passed on a unanimous vote, Councilmember Henderson absent.
REQUEST OF COUNCILMEMBER FLETCN R
,,on rue from 2/23 7$ (CMR:186:8)
Councilmember Fletcher referred to.the current law that building numbers
should be displayed. There wag a problem .for -motorists looking for
commercial numbers particularly on -busy streets such as El Camino. She
thought perhaps the next move would. be to have the present law enforced.
Could the police department check such -buildings on their routine drive-
bys?
--Mrs Walker said'Chitf 2urcher had been open ,to seeing what role the
Police Department could play. -Staff thought that working through the
Chamber of Coerce or the Post Office, along with efforts of B officers,
might be effective, though it aright twice somewhat longer. Concerns about
enforcement of Planned Community (P -C) provisions could be included.
Staff would not need a motion to set to work.
Corrected
see page
ill 833
Councilmember Witherspoon said she had -had difficulties herself with
finding numbers; she asked .wtrat.the' suggested size was for numbers.
Stan 4owicki : Chief Building Inspector, saidrequire' height of numbers
with the present ordinance . was . three inches; it could be amended to
require from 8- to 1O -inch high numbers.
Councilmember Witherspoon suggested numbers -written on curbs --maybe done
by a CETA employee or a suer program through the schools.
Mayor Sher suggested staff could return to Council with suggestions.
Mr. Walker said staff would see what could be done with the existing
ordinance.
Councilmember Eyerly said he thought -the Postal Department required
every piece of property to have a mirriia.number height.of. four inches.
The Postal Department could enforce by non=delivery of mail.
Mr. Nowi cki said than if the Postal Department could not find the number
they did enforce in that fashion.
Mor : Sher concluded that the utter' was . finished, with no Council
action requi red.
EST F "f
Couaci 1 i►er Fletcher said than this matter had not been among.the
Toning ordinance cons i derra ti ons and it l ed. been thought to be sui tabl e
for seperate Planning Commission consideretion, to see if some kind of
-regulation is w rrenteed. She ctted feral : armies which had also
given thought to the limitation of -Milo -in and drive -through facilities.
She Wight such places should . not be'permitted to proliferate.
NOTION: Councilmember Fletcher aeved, see dad .by Br , ner, that the
matter'ef drive -up facilities be' r r di -to, the Mooing Commission for
study.
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3/20/78
7eip
Councilmember Fazzino asked who had suggested that the matter be referred
to the Planning Commission.
Councilmember Fletcher said she recalled only Councilmember Hendersen's
name.
Councilmember Fazzino replied that he had not recalled making such a
suggestion himself. He thought that during'the Zoning Ordinance meet-
ings two amendments relating to drive-in facilities had been made. He
was "quite content with the direction we've decided to go at this time,
and 1 feel that there is no need for further study." He would vote
against the motion.
Anne Steinberg, Chairperson for the -Planning Commission, said that the
Planning Commission's heavy agenda would mean that it would not get to
the topic very soon.
MOTION FAILED: The motion that the matter of.drive-up facilities be
referred to the Planning Commission for study failed on the following
vote:
AYES: Fletcher, Brenner
NOES: Carey, Clay, Eyerly, Fazzino, Sher, Witherspoon
ABSENT: Henderson
RE'UEST OF COUNCILMEMBERS ROY CLAY
Councilmember Eyer•ly reminded Councilre tubers that he and Councilmember
clay had questioned the idea of the City undertaking the financial
arrangements for hose insulation, ostensibly because banks were not
interested in making such loan arrangements -for such a small amount.
Both he and Councilmember Clay had coetactod a local bank who was
interested in making such. loans. He felt that if a bank would make such
loans it behooved the City to leave financial arrangements in the
private sector, with banks.
MOTION: Councilmember Eyerly moved, seconded - by Clay, that staff
contact the First National Bank of San dose, and/or other banks regard-
ing the financing of the Home Insulation program, and report back to
Council the details of such a program along with a comparison of it to
the current proposed financing ng arrangement.
Councilmember Witherspoon asked if .only the $100,OOO to be advanced by
the City for the financing Was to be affected by the motion.
Councilmember Eyeriy said the motion concert the financing arrange-
ments only —there _ was no quarrel *4th - the hie insulation program'
itself. He did not know if a bank loan could be repayable on the
utility bill The bank's interest urges wcmld depend on the number of
loans mad on the program.
Councilmember Clay said that ling money was the business of bad,
and he would like to see some use tvim banks on hom they felt about
participating in the progoa m. He agree wlthr the home westherization
programs in concept.
Connie Smyser, Resource Conservation Specialist, said staff had contacted
the First National Dank of San Jose'the past week. p Teller, heed of
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1
the Installment Loan Ad i nistrati.oa. Department, . sat d .the bank was work-
ing with financing of Housing Rehabilitation. The:bank had three options:
1) ;caning Individuals the entire .mount of .money; 2) the City lending
half of the money at a low interest rate with the bank lending the
balance, with the bank to handle the payments and 3) the City to loan
all the money with the bank to dc the -collection. The bank loaned at 12
percent for amounts of less. than $2,000; 101 percent for over $2,000,.
The bank had handled loans for Housing.Rehabilitation from $800 to
$5,000. Upon repayment of l ones the amount was re -deposited into a
checking account held by the'City. Mr.Teller had been non-commital
about small loans from $300 to $500 He.hzd said -the bank Would be glad
to make loans for purposes which were -for public good, but . he required that it be with cim:anstances in which the bank would.not .not lose money.
Ms. S er. said Mr. Tel ler was firm wan interest rata of 12 percent.
She asked why, if the City could give. cl ti zees something better, should
it offer theca something less. She thought.there were many advantages to
having the Ci ty do the financing. The utility payback mechanism was an
attractive feature of.the home weather#zation program, because it gave
demonstrable savings on energy.
Mr. Aghjayan said that the money for - the proposed program would be
shifted to the program .from the Electric Reserve fund, which fund was
now 1n the bank. A bank loaning money would most likely be loaning City
money. Pe said it might make more sense to invest -the money directly
with those who consumed the utility, for they had pi t the money in the
-reserve fund to begin with. One of the key points of the program he
wanted to protect was the utility payback mechanism, along with main-
taining a low rate of interest. He did not want to rake a fruitless
search, for he felt it wou l d not disclose anything as good as their
present proposed program. They would do -it, however, if the Council
wished.
Counci lr Carey said he. thought. tonight` s .dialog, . and the dialog of
-the prreyious meting, should have-taken-pla.ce+earIier. He spoke of an
acknowleJged tendency of government to -take the easy solution, which was
to let the government dolt. He thought goverment had .an .obligation to
awoke a serious attempt not to "do --it, and with respect. to the funding
he did not think the attempt was being made. If the City was to make the
loan, could it not just as well guarantee.a_bank' lokin? Ht eitsmned
thatif the loan were guaranteed, the,rata.would drop:by about one-
third. In the same wit the City could- ask a ,bank. that.was holding City
savings to wort out a program of bank' loans at perhaps a prim -plus -one
rate. with the leverage of moving tire' account unless.... He favored the
notion. Staff should investigate other banks and use the leverage of a
$100.000 davit.
Councilmember Orly protested- that staff had -not _t a 1aaaginetion to
have talked to banks with a pl a n as -ft -hew the bask .and th a City could
work out an advantageous plan so -the -private sector _could serve both
itself and . the C i ty . The interest percentawwould.depeeCon how much
work the bank was going:to do.: Staff had rot -said -hots Witch the City
would subsidize the progrM--the borroarer, would tit be. charged for a
heed-pJsted.irookkeeping process which ea uld be to the in -Wilt- charges.
Those € nsl derati cns should be In au written - r epor t, not . a five-minute
vertxrl report.
Mayer SAer.said °"I think tbe.stef isgettios4.buicrap.bere tight."
Staff bad hsd the magi slat f o+n to ceerups '4th -the energy proem, whi ch ,
a.ng other -things, head been woi t up - i n th e..Sad Francisco Chronicle
as a modret .for .oar cities. He. felt the plan ,had _i y -good points. He
d at the "navy . hid on staff "
Ed Aghjayan. Director . of Utilities, said .the .multi -faceted _ prod m had
many details which it had take% smiths to explz:I-,,finenc1ng was eme
such detail. Many banks would aake.loans-of $300-x500, and the loans
could be put or, charge cards. Interest rates remained the issue --banks
wanted more than eight -percent. The utility bill payback method was not
hand -posted. The administration costs were minimal. If the payback were
posted on the utility bill the homeowner could see the actual cash
benefit of the weatherization. The $100,000 which it was suggested to
be shifted from the reserve fund account to an account,to.be, available
for borrowing to consumers, who had put the money in the fund in t{
first place, seemed to be an administrative paperwork task. It didn't
make sense for the City to borrow' money it already had in the bank and
put it out at higher interest. Though financing by the City was also
complex, it seemed more direct.
Councilor Fletcher asked what.ie
charge the consumer.
Mr. Aghjayan.replied that it was
price rate, not to exceed -eight
eight percent.
terest.rate the City.was going to
to -be one -and -one-half percent above
percent; at the present time it would be
MOTION PASSED: The motion, that staff contact the First National Bank
of San Jose and/or other banks regarding the financing of the weatheri-
zatlon program, and report back to Council the details - of such programs,
along with a comparison to the current proposed financing .arrangement,
passed on the following vote
AYES: Carey, Clay,
?TOES: Brenner, Fl
ABSENT: Henderso
0 CO4 J ICATIONS
n
•
Fazzino, Eyerly, Witherspoon
etcher, Sher
1. Bernice E. Ot Cio-ear!ni, 632 Chimalus Drive,.said.her house was
behind Varian Associates. She said'she dad written Counc i l a
letter which they had in their packets, regarding a st1di on
noise in the Industrial Park, which study had been authorize
January 9, 1978. Lieutenant Hauser of the Police Department
had chaired the sting of February 15. Lou Green, Assistait
City Attorney, had attended the meeting, along with interested
residents. The residents had been notified of nothing since
that dates but they had drawn up some r coal ndati oils . They
wanted to sit up an environmental monitoring group, to be
comprised of a Councilmember, a member . of .the Stanford Indus -
Mal Park, and a resident, for the purpose of_further study.
She st i d they proposed the area be monitored for a few hours
for each of several days to be followed by some suggestion,
for action. She said the- recomosendati on - aakeed .fear smoni tori ng
of sound on a random; unannounced and undetected.banis, also
to be fol l owed by a report. She sa.1 d _ shoe lived only fifty
feet away from Varian's loading=dock; the cos any hid hydro-
gen, o yen and nitrogen storage tank nearby, and there was
constant noise, In the -t enty year she had -lived there the
noise, along with Varian's rising prosperity, had risen significantly.
She wanted to be able to use her yard wl thoout •being driven
indoors and having to close w$ndsws and doors to escape the
noise.
Mr.. Walker said there would be a . reportiwithin a couple of
mOlks on the mew- 0f the i ofae StddY, with the people
i nvo l ved to be brought up to date.
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•
2. Harrison Otis,.909.Nsrth.Callfornia, said the recent solar
energy mesting.spoesoridlyAssemblymen Victor Calvo had been
attended by wary lo:al and out of to4n people...Mr..Otis had
surveyed people living- in' homes served by. sober collectors
built by the Davis brothers. The homes were in Sacramento, and
owners were saving $15-$20 rmonth on energy.. He heartily
favored Council taking up :the . home . wee theri zati on program, yet
he thought Palo.Alto should -give leadership in solar engineering
as well.
A€ JOURMKENT
MOTION: Counci lm er . Wi tberspoon - mp , : seconded by Carty, that the
.meetiog of.Marcb.13, 1978,.be adioarnsd. The motion passed on a unani-
mous vote,.CounciZmember Henderson absent.
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I
Regular Meeting
March 20, 1978
The City Council of the City of Palo Alto met in a regular meeting on
this date, at 8:35 p.m., Mayor Sher presiding.
PRESENT: Brenner, Carey, Clay, Eyerly, FazzinoL Fletcher, Sher,
Wi therspoon
ABSENT: Henderson
EXECUTIVE SESSION SCHEDULED
Mayor Sher said that an Executive Session held to select the head golf
professional would take place later in the evening, perhaps during the
recess.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Councilmeinber Carey asked that items 2, 4, and 7, relating to the Zoning
Ordinance, the Criminal ,justice Planning Board, and a Planning Commission
recommendation on 1055 Forest Avenue, be removed front ;:he'Consent
Calendar.
The following 'items remained:
Referral Items
MASTER TRAILS AND PATHWAYS PLAN (CMR:190:8)
(Referral to Planning Commission)
Action Items
AMENDMENT TO SOUTH BAY DISCHARGERS
MITTIVEZMIRMElf:MMANATIM
FIRST AMENDMENT TO THE JOINT EXERCISE
POWER AGREEMENT, SOUTH BAY DISCHARGERS
AUTHORITY, CITY OF PALO ALTO, CITY OF
SAN JOSE, CITY OF SANTA CLARA AND
CITY OF SUNNYVALE.
610.616 FOREST AVENUE: 701-717 WEBSTER STREET:
TED
The Planning Commission, by a vote of 5-0, reds approval of the
application of Cowper -Hamilton Building, Incorporated, for a Final
ConOominium Subdivision Map (8 units) for property located at 610-616
Forest Avenue and 701-717. Webster Street.
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1
0
INTERNATIONAL TELEPHONE AND TELEGRAPH
XPPROVAL OF PREZONING CHANGE Fi A -C
The Planning Commission, by a vote of 4-0, 1 abstention, recommends
approval of their initiative to change the prezoning of unincorporated
property known as International Telephone and Telegraph (ITT) Corporation
Land in the Palo Alto Baylands, from A -C-0 (Agricultural Conservation --
Design Control) to P -F -D (Public Facility --Design Control.)
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 38.08.040 OF
THE PALO ALTO MUNICIPAL CODE TO CHANGE
THE PREZONE CLASSIFICATION OF PROPERTY
KNOWN AS THE I.T.T. PROPERTY IN THE
VICINITY OF THE 2600 BLOCK OF EAST
BA SHORE ROAD FROM A -C -D TO P -F -D
TO ESTABLISH P -F -D ZONING UPON ANNEXATION
(First reading)
265 LYTTON AND 360 BRYANT STREET;
MIrtgri.STUrtirrIUTOTr=-'-`
L
The Planning Commission, by a vote of 4-4, l not participating, re-
commends approval of the appeal of Kermit Knopf from the decision of the
Director of Planning to deny a Preliminary Parcel Map for, property
located at 265 Lytton and 360 Bryant Street.
RESOLUTION 5528 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALTO APPROVING
THE MISCELLANEOUS DIVISION OF LAND AT
265 LYTTON AND 360 BRYAHTSiREET."
880-884 SAN JUDE- APPROVAL OF APPEAL
IZEIMMTTECIUMMETIG
Loutt PRELIMIMi3T'PARCEL POP
The Planning Commission, by a vote of 6-0, recommends approval of the
appeal of Deli and 8jorg Xnutsen from the decision of the Director of
Planning to denny a Preliminary Parcel Map. for property located at 880-
884 San Jude.
RESOLUTION 5529 entitled °RESOLUTION OF THE
COUNCIL OF NE CITY OF PALO ALTO APPROVING THE
MISCELLANEOUS DIVISION OF LAND AT 880 AND 884
SAM JUDE AVENUE AND SING EXCEPTIONS.°
dTI0N: CouncilmemOer Fazz1no moved* seconded by Fletcher, that Council
adopt the resolutions, apProve the ordinance for first _feadinc, along
with the Planning Cowmis:,ion rations; and the referral of the
Master Trails and Pathways Plan to the Planning Commission. The notion
passed a unanimous votes Counci lmember Henderson absent.
782.
3/20/78
-7"2..
2500 FABER PLACE: CHANGE OF REZONING
FR'A►i . -c -b AICULTU 'tON RVATIOH--
�: 1 l.. ' •L
-
Anne Steinberg, Chairperson of the Planning Commission, said the Commission,
with a 4-1 vote, recommends approval of the application of C.R. Carlsen
and McKelvy-Ely Land Company, for a change of prezoning of property
known as 2500 Faber Place, from A -C -D (Agriculture Conservation --Design
Control) to L -M -D (Limited Manufacturing --Design Control) and OAD (Open
Area Design Control) to bring rezoning into conformance with the Comprehensive
Plan. There would be an addition of a 35 -foot buffer strip, designated
OA, to provide a transition from the City -owned ITT property to the
Light Manufacturing (LM) site.
Mayor Sher pointed out tnat the 35 -foot addition of a buffer strip
appeared on a map that was attached to the resolution.
MOTION: Counci imember Witherspoon introduced the following ordinance
and, seconded by Fazzino, laved its -approvS1 'for first.rea'ding:
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMEN OING SECTI SN 1€1.O8.040 OF
THE PALO ALTO MUNICIPAL CODE TO CHANGE THE
PREZc E CLASSIFICATION OF PROPERTY KNOWN
AS 2500 FABER PLACE FROM A -C-0 TO L -M -D AID O -A -D
Mayor Sher asked to know the earner action taken on the matter by
Council.
Ken Schreiber, Assistant Planning Director, said that as he recalled
Council had taken act or: to amend the Comprehensive Plan from Open
Space --Controlled De e1op ent, to Research --Office Park. Tonight's
action to rezone the land would be consistent with the Comprehensive
Plan,
Mayor Sher observed that the parcel was landlocked,
Ken Schreiber said the owner intended to submit a development to take
the rear of the adjacent parcel, including frontage.aloig Faber_ Place,
rich would involve a modification to the Planned Community (P -C) zone.
The Commission's action on the prezoning did trot make a commitment
toward any subsequent action on the P -C ap +Nation. That had been a
stipulation.
Mayor Sher asked if Council should make a like stipulation, or could the
minetes shy+ that.
Mr. Schreiber said that the minutes could show that, and also it was
understood without saying.
Mayor Sher asked Stan Novicki, Chief Building Inspector, if all the
conditions on the P -C had been met.
r. Novicki said he had checeed with the code compliance inspector that
afternoon, and as of December 6, 1977, everything was in goo4. condition.
Countilmember Clay asked what impact the requirement for the 35 -foot.
strip would have.
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3/20/78
Mr. Schreiber said the edge.of the property sloped down toward the ITT
property --the strip wo'ild protect the slope and permit a landscaped
area, giving a natural transition to the ITT property. With the new
ordinance they would need a 20 -foot sideyard as well.
Vice Mayor Brenner said that use of the landlocked parcel was dependent
on the P -C which fronts on Embarcadero Road. Amendment to the P -C
involved a reduction in parking. She thought that was "backwardsK and
she would vote against the motion because it was not yet clear what
problems would arise with the P -C which would make the lot useful. The
application "came in the back door," and also the land was are intrusion
into the wetlands.
Councilmember Eyerly asked if there was any precedent for requiring both
a 35 -foot buffer strip and also a 20 -foot sideyard.
Mr. Schreiber replied that the use of the OA (35 -foot) strip was in use
in Industrial Park, and also along Wilkie Way. The main purpose was to
provide a landscaped transition.
Mr. ftowicki said other properties along the ITT property were zoned LM,
and had 2O-leot rear yards, where they could park. Were it zoned OA
parking could not be permitted in that rear yard.
Counci 1ter Eyerly said he thought a 20 -foot strip was ample, and the
35 -foot strip looked to him as though it r„ .s mostly on the ITT property
Counci lmember Fletcher said the thought it inappropriate to rezone an
area in the Baylands when the study 'An still underway; the Council
should wait ,until the Master Planhad been completed. She would vote
against the motion.
Warren Thoi is , 525 University, said he thought that far from 'tuning In
the back door" it was appropriate that . the natter was before Council at
the time of considering the zoning ordinance. Ultimate development of
the parcel would require an amendment to the P -C zone, he acknowledged,
and with L- 4-0 the plan required design approval. There eas the feeling
that that provided adequate control. -It was thought that prezo€aing was
"routine" in brining the parcel into coeformaance with the Comprehensive
Pion. He had not been prepared to -know the effect of the requirement
for an added 35 -foot buffer strip, for, -without prezoning, plans had not
been finally drama. He had asked that consideration of the matter be
continued. Ph. Ramer, Planning Commissioner; had said continuance would
be all right, and in the interim she would consider a 50 -foot buffer
strip to be better than a 35 -foot strip, with the understanding that the
OA could be used for access roadway and perhaps parki ng , and so .he had
felt the ratter should move along, with the C1ssion exercising its
will by determioing if the property could be developed with a 35 -foot
strip. Mr. Busse, the architect for the applicant, was present in the
Coenci l char- ehe could respond to that l i keel i ►d of development from
an objective standpoint. As of now he felt he had not had adequate time
to make a response to the Planning fission stipulations. There was
to - bee a great deal of lands caping on the perimeter of the property, and
that would be rgde more:, rather -than less, difficult, if the 35 -foot OA
strip ware added. Under L -$-D it squeezed the available am. He urged
Council to eliminate that condition from prezonl _of the parcel. When
the amendment to the P-(' zoning amendment was presented there would be
more detailed plans and there could be more response to the City's
concerns.
Mayor Sher said that Councilmember Eyerly had wanted to knot t : the
784
3/20/W8
plans for the development were.
Mr. Thoits said that to date there had not been sufficient time for
those plans to be drawn up. The applicant could indicate that evening
what preliminary plans were. Mr. Busse could show how the OA require-
ment would be detrimental.
Mr. Busse projected some sketches using the overhead projector. He
thought eliminating the 35 -font requirement would be to the City's
advantage, as well as for the developer. He delineated what the owner
was considering doing with the P -C. His firm had been architect for the
development called The Harbor, and that design motif would be extended
to the subject property, so there would be a sense of continuity.
Service areas .ere "really screened from the public." Parking and seevice
to the buildings would be done from one area. If the plan were developed
under LM zoning, people who occupied the building would be able to
experience the bay land for there would be benches and an outdoor area
with that view. Buildings would be 69 feet from the lot line on the
side toward Embarcadero. The entrance to the building would be viewable
from the ITT property.
Vice Mayor Brenner asked if the slope of the 35 -foot Open Area went to
the toe or the sill of the building.
Mr. Busse replied that he assured, at the present time, that the property
line was the toe of the slope; that was the case at The Harbor. The top
of the slope was about 9 feet in, the slope ratio was about one-to-one.
A survey had not yet been made.
Councilmember Carey said he _.bought that through the Planning Commission's
requirement for the OA strip the building mould not attain its potential.
He thought the development should go through the site and design process,
such process being inherent in -D -suffix zoning. Flexibility had been
taken away by the requirement for the OA strip. The requirement of a
buffer of 35 feet in addition to the already standing requirement for a
20 -foot buffer was equivalent to saying a buffer was needed for the
buffer. He thought the requirement for additional open space should
take second place to the site -and -design process.
AMENDMENT: Councilmmber Carey moved, seconded by Clay, that the
requirement for the 35 -foot OA strip be deleted from the motion.
Mayor Sher asked haw far bac% from the property line the parking would
have to be.
itaphtali Knox, Director of Planning and Commuoity Environment, said that
under the new zoning ordinance the parking would have to be 20 feet back
from the property line.
Emily Renze l , fiber of the Planning Commission, sale. that The Harbor
had been built prior to flood control -requirements; she thought this
property -would have to have more elevation than The Harbor, and a seven -
to -one slope would be needed for structural soundness. Much of the 35 -
foot strip would make up that needed slope, and also it provided better
insurance of buffering=
AMENDMENT PASSED: The amendment that the requirement for the 35 -foot OA
strip be deleted from the motion passed on the following vote
Corrected . AYES: Carey, Clad, Eyerly, Fazzino, Fletcher, Witherspocm
see
813 NES Brenner, Sher
785
3/20/18
ABSTAIN: Fletcher
ABSENT: Henderson
MOTION AS AMENDED PASSED: The motion, that Council adopt the resolution
amending Section 18.08.040 to change the prezone classification of
property at 2500 Faber place, from A -C-0 to L -M -D passed on the following
vote:
AYES: Carey, Clay, Eyerly, Faznino, Witherspoon
NOES: Brenner, Fletcher, Sher
ABSENT: Henderson
625 EL C*IN0HREAL
HOLIDAY INN
nr i 11.&MI7s w of :.loS(7L(t1 i.f6(.J!• J1�.
For.�e�ww�w.�r ■
Councilmember Clay said that a relative of his had operated a business
on the site of the subject matter; though his own involvement had been
slight, and the City .Attorney had assured him there was no conflict of
interest, he wanted to remove himself from any appearance of conflict by
not participating.
Mayor Sher said that his employer, Stanford University,owned the
subject property, and leased it to the Holiday Inn under a profit
sharing arrangement, and so he also would not participate.
Councilmember Witherspoon said she would not participate ice the same
reason as that niven by Mayor Sher.
Vice Mayor Brenner presided.
Anne Steinberg, Chairperson of the Planning Commission, said the Com-
mission recommended approval of the folleairsg changes in the P -C plan:
1) As -built planter boxes in the south parking lot; 2) Shed adjacent to
the kitchen; 3) canvas awning over the stairway feeding t) tiie basement
of builds 5; 4) new fences between buildings 1-2 and 1-8, and
fences; 5j use of � sq are feet in the basement of Buildings 4 and 5
for meeting rooms, with the condition that no more than the area presently
used on the first floor be used for meeting rooms. The Commission found
no need for additional signs. and therefore recommends that none of toe
proposed signs as designed should be approved.
Ken Schreiber, Assistant Planning Dievetor, noted that in Council -
ber"s3 packets a staff report dated February 17, Exhibit 5 gave seven
distinct issues relating to the application. He said that the Planning
Commissioe ecommendation was not to approve the re -striping of the
parking lotas a modification of the P.0 zone. the present 280 spaces
served one per room. If the development were in a C-3 zone 336 ;parking
spaces %could be required; if the meeting rooms were tented in another
12 spaces could be reqeired, The issue of Urban Lane was also raised,
concerning the Ampedt, op parking if the 35 -foot strip on the rear of the
property , which was covered by an encroachment permit, could be required
to be developed into a roadway. Both As -Built planter boxes and shed
were recommended for approval, with the specification that the shed
structure shed bit building code; the recommendation i s not to
approve the additional sign, with the Commission being quite emphatic on
that point; the Cammi ss i on recommended that the beseweht meeting rooms
not exceed the squarefootage in use on the first floor. Nir. Schreiber
said the existing P -t4 zone a l l id 2500 sure feet of meeting room
786
3/20/76
area, 1800 of which would be on the first floor. The applicant wanted
to use ;.;he existing 3500 square feet in the basement for meeting rooms,
and so, with the 1800 square feet on the first floor there would be a
total of 5300 square feet.
Vice Mayor Brenner confirmed that if Urban Lane were developed there
would be only 210 parking spaces, whereas 348 parking spaces would be a
reasonable requirement.
Mr. Schreiber said that if Urban Lane were developed a row of parking
would be wiped out.
Councilrtrember Eyerly asked who owned the land that Urban Lane would be
developed on.
Robert Booth said the property was owned by Stanford and leased to the
City.
Councilr►ember Eyerly asked if Stanford could take back the land if they
did not have lease protection.
Mr. Booth said that Stanford could take the land back; that 36 -foot
strip had been excluded from the absolute right to use it, with the
recognition at that time that Mr. Chen had planned to do something else
,lout the parking at a later date; he had been temporarily permitted to
landscape and place parting on that northerly strip. The City had the
right to ask him to move it all, with six months' notice. The balance
of the property was leased for 50 years.
Councilx Aber Eyerly said he had heard that the strip abutting the
present parking lot next to the railroad might be capable of development
by Holiday Inn.
Mr. Booth replied thatwithout having done a title search it was thought
that Southern pacific owned that land. There appeared to be at least 60
feet of usable land before it interfered with the right-of-way.
Vice Mayor Brenner recalled that in the Comprehensive Plan that land
had been viewed as a potential future transit station.
Councilmember Carey asked if There were any violations to the P.C.
He had recalled spending some time discussing that the =landscaping
requirements had to be broucht up to requirement.
Mr. Nowicki said a cheek 4irn December, 1977, showed about 30 shrubs
missing in the-landscaping-escalonia and flowering crabapple, some
eucaly_tus trees were missing, and the ground cover was ' i n poor
condition. One building located on dells had had a door installed;
an accessacross the P -C fed to that building. Holiday Inn had been
poor since 1975; .in those drought years, though some water* was needed
for the hyperi cum and ivy g roundcover Holiday Inn could have obtained
an exception from the City water department to use.more water. He
didn't think they had asked.
Clement Chen, Holiday Inn developer. said...the.Aellday Inn. site was a
sublease, since the City was .a -Stanford tenant. The plan shown._ on the wall
was as had been proposed --he recalled no easement for Urban Lane in the
sublease.
(Tam recording breaks off briefly at this point. Mr. Chen spoke of
some of the land being deeded to Souther% Pacific, with the specification
787
3/20/78
that it automatically revert to Stanford should Southern Pacific not
want it. He spoke of the effect of the drought on plantings. He
said Holiday Inn had bought some commercial warehouse property nearby
for tenants to use for tennis practise. He then continued, saying
people had a difficult time finding Holiday Inn, and the present
sign leading off University after the underpass was not sufficiently
clear. He hoped this Council would approve another proposed sign.
The tape then resu,s.)
Vice Mayor Brenner said that the original plan had sherd Urban Lane
with two entrances from the Holidayinn parking lot. Some confusion led
to an encroachment permit being s i gned' by Mr. Chen saying that at any
time it was appropriate the City could layclaimto Urban Lane, and the
Holiday Inn and the City would share it. She said that it was understood
that the roadway was to be available. at ell times, .At the present there
were concrete piles in front of the two entrances, which made it inaccessible.
Mir. Chen said he was not aware of that; he apologized.
Councilmember Carey objected. to Mr. Chen's- rationale for not maintaining
his landscaping, justifying his-nonamaintenence on -the fact.that the
City did not maintain its.own.. CounclImember Carey said some on the
Council het wanted to make his nor -compliance . on the landscaping a
condition upon any further application regarding P --C. Though the City
had asked Holiday Inn to turn off its fountain during the drought that
did not mean the landscaping should be neglected. Had he asked for
addstiona': water for landscaping maintenance?
Mr. Chen said he had written a lengthy lettsr^ to the City Attorney's
office.
Mr. Booth recalled having received a'long.letter. The subject had come
up and Mr. Chen_had been told to contact the appropriate department, in
this case Mr. Hudak wno was then City Treasurer.
Mr. Chen said he had met with Mr. Hudak "and we pleaded with him" for
additional units of rater. He would show Counci l*iember Carey the letter.
Councilmeaber Carey had skepticism owing to the history_of Holidaffy Inn's
landscaping --there had been numerous -different excuses -given for not
maintaining it over the past several years. He -asked Mr..Chen's plans
for replacing it and bringing i t +gyp. to the required condi ti on .
me. Chen said a nursery _ men world assess . the needs and make a plan for
submission to the Commission.
counci 1r amber Carey asked than Mr. Chen just canf4r . to the present
vequi re>arents . Staff said he di d._ not - have to retui a . rri th.. another plan.
Mr. Chen said that his experience with: staff had been such that 'we
don ` t dare to do a thing without havi €rg - thei r..100 percent approval . "
Co nci"f'rmWr Carey said he would back up Mr. Chen at "City Hall" if he
just conformed with the initial plans. Cou cjla r CaraY-sovad on to
the Witter of signs. Aid the pmt pianntarg-Commission recommendation.
about no additional signs revert back -to a 1975 decision?
Me. Man said Holiday Inn -hadgases. to Council to _ask .for additional
signs, iad .been refers to the Planing Commission, and been turned
down; that brought the question keck ` to Couec11. Counc1 t , : as he recalled,
thought the sign ware necessary, and asked the Archi tectural Review
Board to consider~ the matter• the matter to return . from them to Council.
So far there had been one and one-half years of review, resulting in
approval of four or five acceptable signs. Then Stanford had to approve
them. . . .
Counci lmemrber Carey broke in to ask what signs -the Planning Comnmi ssion
was not recommending this year that Council.had, in 1975, directed the
Planning Commission to give Holiday Inn.
Mr. Chen said he proposed that a sign wis.needed at University Circle;
also a sign over the entrance canopy which would rake it possible for
the public to identify the place as the Holiday Iran; and also a sign on
the building so that people coring from both north and south could
locate the property. The Architectural -Review Board (ARB) recommended a
sign over University Circle, a script sign over the canopy, and a sign
over. buildings two and five identifying the coffee shop and the restaurant.
That was 'diet he wanted. The staff had recommended "not" as had the
Planning Commission, The staff had said that the signs were in concept
contrary to its understanding of Council's direction.
Vice Mayor Brenner read from a 1975 recommendation: "Investigate the
possibility of placing signs oh City streets." She thought that pos-
sibility had been investigated.
Mr. Schreiber said that the motion as passed.by City Council on
October 6, 1975, had approved in concept the proposed banquet room,
tennis court, canvas awning, fence and gate. The greenhouse near the
coffee shop, the garden tool shed, and a parking space rearrangement.
The signs had not been mentioned. The Council Minutes then went on,
Vice Mayor Clay raved, seconded by Beahrs, that the Architectural
Review Board look at directional signing to improve the safety and
traffic patterns giving.access to the Holiday Inn Vice Nayor Clay
responded to geestien saying he was not referring to signs that might be
placed on the prises." A result of the passage of that motion were
the blue signs or University Circle saying "Hotel," with an arrow.
Councilmaeber Carey said the process he had Just.participated in re-
flected some of the difficulty Mr. Chen was having to understanding and
working with the City. Mr. Chen did have signs, -which, though they did
not say "holiday Inn," did say "Hotel."
Mr. Chen said the public could.not fled the hotel because if they went
around the Circle there was nothing to tell :people wrerre .tie hotel was.
Cowct 1ber Carey summed up by says - that . Mr. Chen said Council had
given direction that Holiky.Inn have certain signs, but Council had, in
fact, not done so.
Couacilmember Carey ea 1 d he would have to leave the meeting to receive a
phone call.
Vice Mayor Brenner deyerei ned that without a quorum Council would recess
and continue the discussion after recess.
RECESS
Council recessed from 10:00 p.me-, to 10:30 p.m.
7 8 9
3/20/78
625 EL CAMINO REAL HOLIDAY INU (Continued)
Councilmember Fletcher stated that.during the recess.she had asked staff
about the Holiday Inn water allotment; staff said they had urged Mr.
'Chen to apply for additional water.. He had been exempted from penalties
should he'eake more than the quota. :She asked bow the building on Wells
was being,.used.
Mr. Chen said that the fairly iarge.building was divided into sections;
one was now used by a picture framer, the balance of the building was
empty.
Councilor Fletcher said she and Vice Mayor Brenner had visited the
facility the previous day; it appeared to be in frequent use as a banquet
facility. Tablet with pitchers, and silverware and tablecloths filled
the very large room.
Mr. Chen said sometimes furniture needing repair was stored there. His
manager from the Holiday inn' added that furniture such as chairs and
tables that needed repair were in -the building.
Councilmember Eyerly said he did not. understand the difference between
the Planning Commission recommendation and the staff recommendation. The
Planning Comoission hao, on page 6 of the February 17 report, accepted
the staff recommendation. He said that the Planning Coemission tied the
application for use -of the basement space in with the request for the
re -striping of the parking lot; did the Commisaion hold the re striping
should not take place but the basementerea could be used?
Mt. Steinberg answered in the affirmative.
Councilmember . Eyerly said - the _fort times he had visited Holiday Inn had
been in the evening and there-rses ample available.parking; had staff
surveyed the . nu r of parking spaces?
Air. Schreiber. replied. that the ARsB had said Holiday Inn had about 98
percent tenant parking. capacity. --Thert was - al so use by the restaurants.
Councilor Eyerly said he aseumed tbs.ARR and Planning (cmuission
would accept the re -striping i f ttr:tiveleasete able to . provl de the extra
perking.
Mr. fiehr+eiber said there mid. be the problem of accessibility, also,
the adjecent parcel with the building on Wells would require more parking.
Robert Moss, 4010 Orme, . caaarented that the iiol i d y Inn had been the -
most -violated P -C in the City, eel Cocci l -was being ash to regul are ze
violations, such as the shed, additional meeting room space and the
like. Me.aff#reed that all.the difficulties aimed by Counci1members
ar!d the-. staf; and COMOSS100 did indeed exist. He suggested that
befare this F -C now before Council was granted all the previous P -C
requirements be filled.
Coeucilmerber Fazzino said he.hoped Couttil,would.not have to
re -address this . problel.1 sse. connects on- with - Wo11 day . i rin again in a
few years .
790
3/20/78
110
MOTION: Coun►cilmerr6er Fazzino introduced the following resolution and
Planning Commission recommendations, and, seconded by Eyerly, moved
their approval by Council:
RESOLUTION 5530 entitled "RESOLUTION OF THE
COUNCIL CF THE CITY OF PA!.O ALTO AMENDING
ORDINANCE 2637 TO MODIFY THE DEVELOPMENT
PLAN FOR THE P -C DISTRICT KNOWN AS
625 EL COMINO REAL, SUBJECT TO CONDITIONS."
The Planning Commission recommends 1) that the proposed changes to the
P -C Plan will not have a significant impact on the environment; 2) that
the changes conform to the Comprehensive Plan and are appropriate for
the site; 3) that the granting of these things be coiditional upon staff
approval of landscaping care and other requirements that are listed in
the P -C. The proposed changes are:
(1) "As built" planter boxes in south parking lot;
2 "As built" shed adjacent to building 6, the kitchen;
(3) Canvas awning over stairway to basement of building 5;
(4) two new fences and gates between buildings 1 and 2, aid
buildings 1 and H;
(5) use of approximately 3500 square feet of area in basement
of buildings 4 and 5 for meeting rooms, with the conidtion
that no more than 1800 square feet of area (the floor
presently used) on the first floor, be used for meeting.
and; 4) uphold PMC recommendation that no further signs be approved.
Councilmember Eyerly suggested that granting of the ordinance amendment
and stipulations of the Planning Conission be conditional upon staff
approval of all P -C requirements made heretofore and that suth a state-
ment be incorporated in the minutes.
Councilmember Fazzino said he would incorporate Councilmember tyerly's
stipulation into his motion.
Councilmember Fletcher said she opposed the motion, holding that the
parking was still inadequate. She' continued to the matter of Urban
Lane, and cited Page 30 of the Comprehensive " Plan about proposed bicycle
paths. She said that for many years there had been talk of linking
Mountain View with Menlo Park by a route leading from the pedestrian
bridge at Wilkie Way through Park Boulevard, now essentially a bicycle
boulevard, past Peers Park, taking the one-way on Mariposa, using land
adjacent to Southern Pacific along Palo Alto High School, with perhaps a
pedestrian bicycle bridge over Embarcadero, with an easement through the
lumberyard near Town and Country leading into the area now potentially
called Urban Lane, then continuing to link up*with the pedestrian bridge
crossing San Francisquito Creek to Menlo Park. The need for clone
planning was important, for an oversight had already made it neceuary
for a long access along Wilkie Way to the bicycle bridge because some of
the land had been permitted to go into parking. The required long access
as a result of that had cost the City twice as =eh for the bicycle
bridge. The City could not, therefore, permit uses requiring more
parsing.
Mr. Schreiber said that Mote the parking had been used for a number of
years et Holiday Inn for meetings, and had been ade4..ate,staff did not
feel that a reduction in parking was indicated, and Urban Lane could
remain as it was.
Councilmember Carey said he did not agree with Councilmember Fletcher's
sense of urgency --he did not feel that a bicycle path in 60 -foot wide
area would be such a big requi rent a and so he would not turn down the
791
3/20/78
notion because of the reasons she had stated. He said that five votes
were needed, and it did not appear five would- be forthcoming; he thought
Council should take the items one by one. He -emphasized that in the
forefront of each measure, if passed, would be that it would not be
granted until all the P -C landscaping conditions were met in a fashion
satisfactory to staff.
1
Corrected
see page
883
SPECIFIC I PASSED: The.speclfication-that the proposed changes to the P-
C plan will not have a significant impact on the environment passed on
the following vote:
AYES: Carey, Clay, Fazzlno, Eyerly
NOES, Fletcher
NOT PARTICIPATING: Clay, Sher, Witherspoon
ABSENT: Henderson
SPECIFIC 2 PASSED: The speclfiration that the changes conform to the
raaprehensive Plan and are appropriate for the site passed on the
following vote:
AYES: Carey, Clay, Eyerly, Fazzino
NOES: Fletcher
NOT PARTICIPATING: Clay, Sher, Witherspoon
ABSENT: Henderson
SPECIFIC 3 PA SED: The specification that the granting. of the following
T cc e:6►F i thi ondl upon the staff's approval'of landscaping care and
ether requ1recants listed in the P -C passed on a unanimous vote, Council -
members Clay and Witherspoon and Mayor Sher not participating, and
Councilmember Henderson absent.
(1) The particular that permitted the "As -built" planter boxes for
the south parking lot passed on a unanlwous vote, Councilmembers
Clay and Witherspoon and Mayor Sher not' participating, Council -
member Henderson absent;
(2) The particular thet permitted the "As -built" shed adjacent to
building 6, the kitchen, passed on a unanimous. vote, Coinci lmembers
Clay and Witherspoon and Mayor Sher not participating, Council -
member Henderson absent;
(3) The particular that a canvas awnfngbe installed over stairway
to basement of building 5 passed.en -a unanimous vote, Council -
members Clay and Witherspoon and Mayor Sher not participating,
Ce ti l eer H rson absent;
(4) The particular that permitted two new fences and gates between
buildings l and 2 and buildings i' and -H passed on a unanimous vote,
Councl lrrreaters Clay and Witherspoon ;id' #b►yor Sher not participating,
Misr Henderson absent;
(5) The particular that permitted the use of approximately 3500.
mare feet of area in basement of buildings 4 and 5 for meeting
news, with the coasdi tl on that no mer a than 1800 square feet of
area (the area presently used) on the floor be used for meeting, failed
on the following ,ote:
AYES: Carey, Eyerly, Fazzinc
NOES: Brenner, Fletcher
NOT PARTICIPATING: Clay, Sher, Witherspoon
ABSENT: Henderson
SPECIFIC 4 PASSED: The specificthat the Planning Commission recommenda-
tion that no further signs be approved be upheld, passed on the following
vote:
AYES: Brenner, Carey, Fazzino, Fletcher
NOES: E;yerty
NOT PARTICIPATING: Clay, Sher, Witherspoon
ABSENT: Henderson
With the permission of Vice Mayor Brenner, Mr. Chen of the Holiday Inn
said that his facility, which gave jobs to Palo Altans and was nationally
known, and had been approved as it was at present by the then -Planning
Director, was entitled to have signs and to have the meeting room space
as approved. He asked that Council give him direction on how to over-
come the obstacles to those things that the just -completed vote of
Council had denied.
Vice Mayor Brenner said such direction would be given him --he had first
to camply with the P -C provisions regarding landscaping in order to make
further application.
Co;nci l ber Carey asked that. Council move on to its agenda, the vote
had been completed and for the time being the natter was settled:
Robert Debs, 3145 Flowers Lane, asked that the matter concerning
adoption of new title 18 for the zoning map be brought up on the agenda.
Vice for Brenner replied that as soon as the matter cf the Holiday
Inn, now before Council, was concluded, she would return the chair back
to Mayor Sher and Mr. Debs could address his request to him.
MOTI * AS AMENDED PASSED: The motion introducing Reso.= tion 5530 to
amend 'Ordinance 2637, to modify, the development plan fcir the P C district
train as 625 El Camino Real, subject to condi t ons, pass E.d. on a unani
mem vote, Cowilmembers Clay and Witherspoon ini he cr Sher not
participating, and Councilmester Henderson absent.
Mayor Sher resumed the chair. He recognized zed Councilmenber Carey for the
purpose of moving the matter of a preliminary parcel map at 1055 Forest
Avenue, for continuance.
MOTION TO CONTINUE: Councilmember Cary moved, seconded by Fletcher,
that the matter of the appeal by Elizabeth Eat from the decision of
the Depart it of Planning and Community Environment : to deny a prel imi
nar3► parcel map at 1055 Forest Avenue be continued to [arch 27, 1978,
passed an a unanimous vote, Counciinimber Henderson absent.
793
3/20/78
0
79.,2
ORDINANCE ADOPTING NEW TITLE 18
ZONING MAP (First Reading 2/27/78)
TAM
Counci limber Carey said Count i lmembers' packets had a letter about
-prohibition of parking of trailers, boats, and so on, in front or
sideyard setbacks, with the letter stating that such a measure had been
declared unconstitutional by the Ohio State Supreme Court. He asked
that Mr. Booth cooment on the matter, with the recognition that the
action of the Ohio Supreme Court did not necessarily bind Palo Alto.
Mr. Booth remarked that Ohio's decision was not applicable to the City
.of Palo Alto in any respect. In view of a recent court vision up-
h=olding restricted and preferential parking in San Francisco, and
elsewhere, he thougnt the proposed provision before Council was fine.
Couocil r Carey said he thought some people' had attended the Council
•
meeting in reference to his earlier motion which would have included
those properties currently under amortization from years ago, into the
extension procedure which was now, or would be shortly, available to
those property owners, whose properties, by reason of the Comprehensive
Plan and proposed zoning ordinance, would be downzoned or rezoned to
some other use, primarily from commercial to residential. Those property
owners, so affecteo by the current Comprehensive Plan and proposed
zoning ordinance text, would have the right to appear before the City
and argue that their properties are compatible, and, upon proof, would
be granted an extension. That motion was' to include those properties
..urrently under amortization, along with those properties that will be
under mnortization once the zoning text passes. Those owners, too, were
to have, by that motion, the opportunity to appear before the City a,id
'argue the compatibility issue. Reasons in 1957 or 1960 for requiring
amortization might be valid today as well; nevertheless, since the
Comprehensive Plan was based on the current reeds of the City,and its
shifting of goals, earlier reasons for amortization might still be
valid, yet those owners should have an opportunity to be heard. Counci 1
r Carey oai d he had been disturbed by some phone ca l l s he had
received and by some of the pamphlets which he' thoug h t were misleading
that had been circulated, particularly in the Loma Verde neighborhood.
He emphasized that the motion was not to rezone the property to allow
commercial use, but the motion was made simply to grant the right to a
- hearing to those owners whose properties were in question. ,He wanted to
make that clear to those who had received literature which. might lead to
the intent of that motion being misunderstood.
MOTION: M*yor Sher intro the following ordinance end seconded by
Witherspoon, moved it for second reads sag thence adoption;
ORDINANCE 3047 entitle'! "ORDINANCE O1 THE
taiitrnir CITY OF PALO ALTO i EPEAL I NG
TITLE 18 Of THE PALO ALTO *Jli1CIPAL CODE
(ZONING) AND ADOPTING A NEW TITLE 18
EFFECTIVE UPON ADOPTION OF R NEW ZONING MP. °
(First reading 2/27/78)
Mayor Sher said that as he recalled Councilmember Clay had mode the
motion CoueMci l+eember Carey had been speaking !boa. CounciTmember Carey
had erg r' at was known as "the Carey motion; applying to properties
that warult bed non-confonaiing as a result of the application of the
new zoning law. Councilmember Clay had made the motion test the procedure
be extended to properties already under an amortization schedule: that
motion Pad lost on a 4-4 vote. Any Co3nrcl land hers who had voted against
the motion could move to reconsider; also any Councilmember.who on that
evening had.not been present.
Councilmember Eyerly said he concurred with Counciimember.Carey's
comments, though he did not have the minutes from that meeting. He was
surprised that the second reading of the ordinance was before Council
unaccompanied by the minutes of that meeting. He asked for comments
from staff on that.
Naphtali Knox, Director of Planning and Community Environment, said his
department worked "as closely as we could with the City Clerk and there
are production problems." Staff was moving along without the minutes
because a couple of moratoria expired on duly l; also, the Planning
Department was to meetwith the Planning Commission on April 19, with the
first hearing on the map to take place at that meeting.
AMENDMENT: Counci lmember Eyerly moved, seconded by Carey, that the
Comprehensive Plan/Zoning Ordinance be rewritten as necessary to allow
property owners whose property was previously ruled non -conforming and
currently on an amortization program, to apply for a ruling of compati-
bility on their non -conforming use.
Mayor Sher asked the page number on which the sense of the Carey motion
appeared, which placed the burden of showing compatibility on the owner.
Mr. Knox said the entire motion occurred in the ordinance, pages 227a
and on, beginning 111e Director of Planning shall determine those
properties, the use of which were lawfully existing uses in the district
in which they were located and which are rendered non -conforming by
reason of the adoption of this Title; written notice shall be provided.
Within two years of the date of mailing such notice, any pr perry owner
may apply to have such property excepted from the termination provision.
. Said application shall include a statementof location, size and
nature of its use; a statement of the reasons establishing the compati-
bility of said use with the surrounding areas and property.
Mayor Sher repeated that he recalled the sense of the language as
noel l i ng the property owner to bear the burden of convincing the
Planning Commission and Council that the non -conforming use was indeed
compatible. He asked where that phrasing occurred.
Mr. Knox said that the words "...the application shall be made by the
property owner, and that the application will include the reasons for."
and so on was the passage where the meaning was given.
Mayor Sher said that on page 226, sob -paragraph (3) , was the language,
Upon conclusion oe the hearing the Commission shall determine whether
the use of the propee ty is compatible." He said ha. ti tight Council -
member Eyerly's motion was intended to -make the procedure applicable to
property presently under an amortization schedule, as we i l as property
that woeld become non -conforming upon application of the new zoning
ordinance.
Councilme er Eyerly said that was the intentofhis motion. He re-
ferred to page 227a, Section C, line 157. and`r+ead "The Director of
Planning _ and Community Environment than! l determine those properties. .
." and then, he said, cut out the rest of language dowel to line 162,
along with the word "and." Then it old read; ...shall determine
those properties which uses were rendered non -conforming by reason of
adoption of this Title, or by previous City action. . ." and the
meaning would be clear.
Mayor Sher asked if the second reading of t e ordinance could go ford
if the motion before Council were adopted.
795
3/20/78
1
Mr. Booth said the second reading could go forwad.
Councilmember Carey clarified that if the motion before him, as he
understood it, were to pass, it would not mean'that the property was
automatically rezoned. It would mean that upon a showing of compati-
bility or upon modification by the Planning Commission of uses of that
property, the use would be continued. Intensification of use ways
disallowed, and there could be no increase of size' of building or change
of the use to wh i ch the building was presently put, and, as a condition
to continued use, the Planning Commission' might impose other conditions,
such as renovation of the building, or modification of'the use.
City Attorney Booth confirmed that that was the=way the motion, if
enacted, would affect such subject properties.
Councilmember Witherspoon Asked if property .cars . whose property was
now under aaorti eeeion .could come in at any time and ask for a zone
change. ,As she understood the process it was ' the same as ' a public
hearing.
Mr. Booth replied that her assumption was correct, differences between
this requested change and others were'in a ratter of degree rather than
in the process itself. notice would be given to adjacent property
owners and the public at large.
Mr. Knox said that the major difference was that the time period was
limited to two years from date of passage 0 the zoning ordinance.
Louis Fried, 788 Loma Verde, said he and several of his neighbors had
been convinced to buy thei r. homes by Cornish -and Carey because the
industrial buildings across the street would be leaving in a few years.
Therefore he opposed any recensi derati on of. the amortization schedule.
The value of the buildings, some of which were up for lease at the
present time, would increase significantly if the amortization matter
were to be reconsidered. He suggested net theree.was "at least a
possi bi i i ty of conflict of i nterest' l evol ved," since Cornish and Carey
was lessor;of about half of the buildings in' question.
Councilmember Carey said that objectors tended to find "conflict of
interest" depending on their 'conjecture of wI ich- way. his vote would go.
He asked *$r. Booth to state publicly whether or nothel-Councilmember
Carey, had a conflict in relation to the motion an the floor. The
eot1cn b fore Council took no action; promised nothing more than a
hearing, with the burden of proof clearly on -the property owner.
He said that were it a specific property where he or his firm were
i nvo 1 vets he could not vote. That was not -the case in tla i s instance. No
specific Parties had been identified' to which- the motion on the floor
applied.
Mr. Booth said than measure before Council' had -general, not specific,
applicability, and there were a large number of properties to which it
told apply.. In addition, the measure . had. to result in "material gain'
of which there .would be none, 1 n ' h i s' opinion .
Councilmember Clay said there seed to be -sore confusion among citizens.
He: confirmed that the motionAid rat. apply ,to._a' specific' properties.
Kathleen i eimer.. 750 Holly Oak Or ve, objected to. any proposed rezoning
err iiiddlefield sad Lome Verde.- Nesideetiol-propertruould be more
attractive, and also the ccmiercial propertynor exi'sttng there was
unnecessary, in view of the t shopping centers -at Charleston and
Colorado.
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3/20/78
1
Sandra Eakins, 3492 Greer Road, said.she did not think the new zoning
ordinance should be amended. She thought ;..operty owners now doing
business commercially at Middlefield and Loma Verde had ample oppor-
tunity to work with the Planning Commission and Planning Department.
R. J. Debs, 3145 Flowers Lane, questioned Councilmember Carey's position
in relation to the motion before the'Council; he did not believe Mr.
Booth's interpretation regarding conflict of interest. He said any
property owner could ask for rezoning, or request a change in the
Comprehensive Plan, which was supposed to have an annual review. He
said that ten years ago the Council had given'cittzens a clear promise
that the manufacturing in the Loma Verde area -would be amortized, and
that amortization had five years to go. He'reviewed the procedure a
property owner would go through to have property rezoned, with the
requesting property owner having his specific wishes and.needs scruti-
nized. He said that the opportunity given property owners7to'va1idate
their non-conformance looked harmless, but -was hot,- for it -provided only
a low -profile bypass. He stressed that the' word. "c atibility" had
never been defined. the. Planning Commission' hade itt& pted a definiton,
but decided to go ahead and finish the Comprehensive 'Plan. That, in
itself, he said, was shaky. If the owners' non -conforming uses were
compatible, the uses would stay. The resulting.permenent:presence of a
plating plant, for example, would not att'act any investment money for
constructing an apartment. The motions if enacted, would.torpeedo the
Comprehensive Plan. Property values would be lowered. The machinery for
changing zoning was on the books, and it was adequate. The motion was
not needed.
Councilmember Carey asked Mr. Debs where he stood on the Willis Photo
Lab matter.
Mr. Debs said he did business with the Photo Lab and liked both Mr. and
Mr%. Willis. He said he wcuid like to see their problem considered in
the light of the goals of the City and of the neighborhood.
Councilmember Carey asked if Mr. Debs was saying he thought the Willises
should make an application procedure for spot zoning. He emphasized that
many properties were involved; no specific' properties were being selected
out.
Mr. Debs said that he thought the Comprehensive Plan should be looked
at. There was already a procedure on the books for applying for a
lifting of the amortization which the W1111sei could have used and could
still use.
Kathy Pekisen, 759 Torreya Court, said she lived across the street from
the industrial buildings on Loma Verde. She asked that Council have
that area become residentia4, as originally planned.
Edward Chin, 7.144 Torreya Court, said he agreedwithMs. Pekisen, the
foregoing speaker.
Alice Fi schgrund, 750 To reya Court, objected to the cold Council
chamber and the length of the wait to be'hea! -by Council,. She thought
the delay in being heard obstructed the democratic process.. She asked
that Council retain the initial Comprehensive Plan; and zoning ordi-
nance, without amendment for she thought -i t would serve the welfare of
more people, than would the amendment.
Dorothy Monica, 718 LOW Verde, said that in view -of the -lateness of the
hour she would forego making any statements; and instead concur with the
preceding speakers.
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3/20/78
7r
Melvin Bernstein, 726 Loma Verde, said that though. the amendment seemed
an innocuous statement he did not think it was. He.had purchased
property with the understanding the industrial and commercial would not
be there long. One exception would just open the -.door. for more excep-
tions, and an erosion process would be underway. -He questioned the
vagueness of "compatibility."
Harrison, Otis, 909 North California, asked. the moral -value of permitting
thepresent commercial area. to stay. The people who owned -those places
prey -existed the Comprehensive Plan, they could fix,up.their properties.
He questioned . who would pay the tax bill 1f . any more merchants were "run
out of Palo Alto."
Counci lm ember Eyerly repeated that his motion didnot speak to a re-
zoning--itt was merely an opportunity for' property owners to -present
their cases. He thought that it was fair in view -of the fact that the
whole City was going through a zoning process.
Counci lmecNcber Carey said he thought the . mmoti on upheld proper planning.
He objected to the assumptimesome people wade that- when Council got to
utters which would relate to certain properties that -it would take -
certsin actions. The alternative to adoption of. the motion was to make
an application for spot zoning and to -change the:land-use map. If the
motion passed, the property owner was to apply and he would have the
burden of showing that he could exist in -compatibi1itywith the neighbor-
hood. The obvious way to do that was to have the neighbors. -support the
application. With neighborhood support the applicant established his
property under c i rcinstancef acceptable to . the camrm'nuni ty; -also the land
use map, as it passed, was preserved. The same use would then continue
tt the same intensity. Then. if that use were no longer needed, the
property -would b' developed in accordance with the -Comprehensive Plan.
That was far different from having to come in* on a' spot -zoning request
that would have to be obtained for the property owner to -continue the
use, and to prove there VMS strong support in -the community for that
continued :use. The Council would then be put in the position -of having
done some "really bad planning," and if it wants' to allow.the property
owner to.coatinue it has to spot zone. He favored:the application
procedure, spoken to by the motion, which required a . farefroem. low -profile
procedure of of hearing in front of the Planning Commission and the
Council, which would also have to be done' on- a' rezoning .application.
The land use map was not changed; as - a result the- appf ication was either
denied, and the amortization was- continued,. or,- if. thy!' cpplication were
approved, the new zoning would still be !maintained. He thought it the
a ost .equitable approach to both ri toes- and nonemeri tour - applications .
Properties brill sum had strong t ommun i ty support t f or thei r .continuance had
a opod chance.
Vice Mayor Bremer said she thought the motion.invited a reopening of
'every neighborhood split that -we've' had" oven the last- 2O . years . " She
tit passage of the .otien night imply to many property. owners that -
they ey should ream "old sores" and reapply.. She ,said sibs .would be more
persuaded. to. favor the motion if an orderly procedure. for application
did not already exist, When an individual property awoer came in with a
reasoeable case, along with support from -a neighborhood, both Planning
Cc a 1ssion and Council were apt to be rsympa tic. p-C`s .were sot etimes
called spot zones; spot use gave -thesaes ss rt for .the .use seas what
deci si ores were based upon. She minted to. sew the .zoninag�- ordinance
adoptedthat evening; then citizens uld be; faeiiiar'_wtth .yew zones and
have a better idea of the underlying plan,
Councfe4er Fazzi no regr ettaad _ th►at the eeti reediscussion . bad centered
on.specific properties and areas of the ity.. He.said he agreed
798
3/20/78
totally with Councilmember Carey. The issue of a public.policy mecha-
nism, he thought, was the only issue before Council. The City should
remain flexible enough in viewing specifire properties, and also the City
should avoid opening.up issues of some tenor fifteen years ago. He
asked how many properties would be affected if the motion passed.
Mr. Knox said he had spent an afternoon checking on non -conforming uses,
and there were 66 on the map. He could project a' slide showing where
they were.
Mr. Fazzlno said that would not be necessary. He.wondered about the
possible number of debates Council -could perhaps.be involved in, He
agreed that the spot -zoning procedure was equitable, as Vice Mayor
Brenner had said. He hoped that those connected with Willis Photo Lab
realized there was an alternative way to go. He would oppose the Eyerly
motion before Council.
Counc1laember Clay said he had made his earlier motion with the expec-
tation that as a result of many hearings ori'the zoatrg.ordtnance and the
Comprehensive Plan that some things would differ and many: things would
remain the same, and that the rationale for that circumstance was sound.
He thought that therefore there was not arch to. fear. When the Carey
motion about compatibility had been made he thought there woulA be
places where it would apply, and that it would make the process equitable.
Councilmerrber Fletcher said she favored staying with the present proce-
dure. In the case of the Loma Verde aree, there had been adequate
notice, with amortization begun in 1967.
Councilmember W therspoon said the difference between the process that
nou.existed and that which was proposed was* the permanency resulting
from a decision. Of the 66 non -conforming uses none of them had applied
in the many years past for a zoning change. Perhaps that was because
''every single day property with residential.use becomes more valuable in
this town." she longer those non -conforming uses stayed the more
valuable their property became If those property owners wanted to make
their use permanent, they would be well advised to come in for a zone
change. She, herself, preferred to see many of those uses evade temporary.
Mayor Sher asked Mr. Knox to project on the screen the slide showing the
66 non -conforming properties.
Mr. Knox explicated . the color l egend' and pointed out -the - noe-conforming
uses. Some non -conforming uses were not yet entered on the map.
Mayor Sher said he concluded that any mom properties.were now non-
conforming than would become so - amen the mean - zan i sg ardi nance was
adopted According to his .undtrsta*df ' his- vote forettweCarey amend-
ment had been toward working out a method whereby. hardshiia cases that
might result from the new zoning law could appeal. He did .not think the
motion applied to properties that already writ non-conforming.and under
an amortization schedule. He thought that the motion before -them made
it easier for there properties already under amortization.to get out of
that schedule; Council then would be creatirg.a hardship.for those who
had been relying on the amortization schedule when they purchased their
parties, though they had known at' the tires' of purchase of a slight
possibility of a rezoning of those non -conforming uses: Rezoning was a
formal andsomewhat difficult process, and rightly so, for it was
tantamount to spot zoning, which the City' resisted; Mayor Sher said
there was a definite burden placed on someone who a property was non-
conformieg, to show compatibi l i ty. ' Constraints- ware_not necessarily
built into the new procedure, which -had a compatibility -standard
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3/20/78
that was easier.to accomplish"than a change -in zoning. .Such a compati-
bility standard applied to some:properties-would.be:unfair.to-adjacent
property owners who had relied -on amortization'scheduliag-when purchas-
ing.their properties. He said he was -completely opposed to what he
regarded.as. a softening of the requirements of: the".amortization .schedule.
He would vote -against the Eyerly motion.
Counci lmember Eyerly "asked how many .of the 66 properties were under
amortization.
Mr. Knox. said 33 had been formally notified. of. tbe-amortization. He knew
of fourteen to be made. non -conforming" in" Map" 4," and- n . areas. 3 .and 7 the
numbe r i as - s ti l i not known. -
Councilm mber.Eyerly.referred to pages 227a -and 227b.giving.the process
to' -be fol l owad in .applying far. compati bi l f ty' - be .said .that . page 227c,
1ine 219. indicated .that Council may' adopt and "coaduct_a -public firing.
Was he correct in assuming . that a public heari ng :'.'was . not . absol utel y
essential"?
Mr.. Knox replied that the interpretation wes "correct. A hearing is
mandatory at the Planning Commissien.leveL and Council may hold a
hearing if it so wishes.
Councilmember Eyerly said . he supposed- that- a- maajori ty vote would be
needed to require a public hearing.
Mr. Booth said that was true. "In.actual practice.Council generally
heard anybody who showed up to speak on'such matters, whether or not it
was a public hearing.
-Corsnci lmember Eyeriy.said.that.ft.was pot. unlikely-that_Council , with
.the findings.of .the Planning Commission bewaring .before .it1 •might choose
nct to hold a -public hearing on-some-rnatters,"because of.its-work load.
Yet he thought everyone was entitled -to his' day in court, whether the
court was the Planning Commission or the Council.
Counc11eeraber Carey asked what "an alternative procedur " sass, that sore
had said -was available to "those who wished to appeal.
. Nv .. Knox . replied that P -C . was rezoning and change i n .the . Ccoprehens i ve
Plan. It would be.difficult to approver rezonieg wtthout _the Co prehen-
sive"Plan. having been amended,
Counci lmember Carew said that, -as he -recalled, P -C _ language had a
requirement that there be a f i ndi ng` of overall :public . benefit t . Wou 1 d
that not -eliminate many applications?
t Knox_ rapt led that the need .for such s •finding _aright .do .just the
opposite, as in the case of Chinning Market, w ich might "show public
benefit as well as a building which had historical value.
Counci laember Caney . said that .with the motion . on . the . ``ioor, taetghbariaood
impact.was assessed; under P -C -1a ge-a-Citynwide beoefit-had.first to
be found. He said those were two entirely d i ffereRt -tests. .In the case
of Wi 1 l i s " Photo Lab he would be hard-pres i- to say.t re -.City-wide
benefit to granting a P -C. The only alterar.tiire: to-P-C.teas .a rezoning
application, and that did something far beyond' t e motion on the floor
for it allowed unrestricted uses•w1tt-roc' control, providirs,.uses were
within permitted _ uses of the zone -a result. far -more broad than could
result should the motion on the floor pass.- :iietstd !lr..Knee have a
problem on a P -C application for. a ofl 1ot tsar to;.tinu t0r would the
City allow an application for a : P -C, in that-.casa, te_be aaade? So far
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as he.knew that was the only alternative procedure that allowed Council
to restrict the uses --any other procedure threw -the door wide open.
Mr. Knox read that :he P -C was to give "substantial -public benefit...
and enhance the policy and programs of tfieeComprehensive Plan." The P -C
wasa more difficult process --the Eyerly .amendment would. result in some
people making application who would perhaps'not attempt to go through
the P -C process, but would unoertake the process outlined in the pro-
posed motion. The Planning Cormrissien would'still have to determine
compatibility.
Councilmember Carey said that "were anisolated-case.to-come.aboard on a
P -C we'd have to really struggle with logic in.order-to hear it, regard-
less of the.merits, and that's what bothers me. If I.were convinced
that there was a logical alternative and we didn't-have.to stretch the
wording around, and if I were convinced we'd generate 60 -plus new -applications
by passage of this motion I'd vote against —the motion, .but ..I've got
trouble.wlth.the alternative procedures and you`ve-indicated that while
there were 66 nonconforming uses, only 33 of them are under amortization,
and is it not true that the motion on the floor would affect -only those
properties under amortization?"
Mr. Knox said he understood that .the motion meant -that the -app' ication
procedure would be extended to include -presently nonconforming uses.
There were some uses which were nonconforming.which had not .yet been
notified of their nonconformance. Some of them had .been nonconforming
for years such as Piers Dairy, Chinning Market 3 the automobile body
shop at Churchill and Ake. and the Mi rarnonte. hen l th Center on Mira-
monee. Some of then were amortized.
Counci lumber Carey asked about those that were. trot .aaaortized but were
nonconforming.
Mr. Nowicki said the ordinance amortizing such places would -run out in
1983 --the ordinance hel been adopted in 1968 and ran.for 15 years, There
were nanconforminp Use and Occupancy certificates .out en 33 -of them; of
the 66 mentioned by Mr. Knox 22 were. on El Camino-. No notifying would be
done on El Camino until itwas foend what the zoning was to be and
therefore what was and was not nofi.cnformi ng.
Councilmember Carey concluded that from %tat he had .hard, 66 appli-
cations would not be made, for some already had th. right, -others would
not bother, and others would rather have the- drew zoning because it made
the property worth more money, ` wi rh, he. thodght, .was absolutely true --
particularly property that was zoned multi -residential, .or .would be, and
was now being used for industrial purposes. Economics would take care
of the problem. He would support the motion.
NIEHONENT- FAILED: The motion. that the Comprehensive Plan and Zoning
ordinance be rewritten as necessary to' allow property .Hers previously
ruled nonconforming and currently on- an' amortization program, to apply
for a ruling of compatibility on their nonconformingsuse, _failed on the
following vote:
AYES: Carey, Clay, Eyerly, Witherspoon
. NOES: Brenner, Faeeino,-Fletcher, Sher
ABSENT: Henderson
CouncilmemberEyerly asked about a matter of- i nc eas l ng _ dens i ty--had
there been a vote on that?
Mayor Sher said a motion had- n:4a►de-at-a recent meting, .and it had
failed.on a 5-3 vote.
1
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3/28/78
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AMENDMENT: T: Counci .member .Eyerly. moved, seconded .by Carey .that the
square footage requir°ed.for the first.emit.on-the.R-M-2,.R-M-3 and R -M-4
zones be iowered.by 1000 feet.
Councilor Eyerly explained that•with.the deasity.placed_on the first
unit it wouldbe impossible for smell property. owners .to.preserve the
home they have, and they will sell their property . and -so .several pieces
joining and there would be a higher density inthe-area. He did not
want that.
Mr. Knox said that the motion had.been made_before.at.a.prior meeting.
i1e_did not recall the vote.
R. J. Debs, 3145. Flowers, said- be was• appalled:at.a rnotion.made at 12:30
in the night to decrease floor area.
Mr. -Knox .projected a . s 1 i de -showing that in . R-2, and: R -3-G .zones the
density was now 2500 square feet -required for :the' first unit, 2000
required for the second unit. In -the R -M- 2 as - i t was -now .written 4000
square feet were required; the -motion before Council .would _reduce the
required square feet. to 3000. The density' wt uld be .raised slightly from
that which is proposed in the proposed draft zoning ordinance. From
16,0000 -square feet upward, there was -no -difference -in resulting density.
Mayor Sr'er replied to Mr. Debs that the Planning -Commission -.had to have
a conclusion to the draft zany ng. ordinance- so- it- could, continue with its
work. A long discussion had previously taken - place on.the.same motion.
M. E. Pratt, 1136 Waverley, saw the matter of - reducing first -unit
required square footage from the standooi at of - serial i .1 ots . in the dowe-
town area. Actually, compared toe the present.situation, the change
would amount to an increase of 1500 square feet. Two.untts.could be
built on s 6000. squaw -foot lot -ache minimum -requirement for the new
areas in the City; when that was imposed on the older .areas downtown,
where lots were 5000 square feet, and -the basic unit 50' . by 100', it
runt that even in an R-2 zone a duplex could -not be. built. .That gave
the advantage to the large developers who- bought-;-number'.of smaller
parcels. In fairness to people In the dot n area,.wha had held
property.for many years .and now might. wantto:convert, -the reduction
ought to be allowed. He thought the' i nequity was obvious; .duplexes and
garden apartments were the aim of the. proposed zoning.
Robert.$oss, 4010 Orme, said he recalled tom- previous motion on the
ratter of .required square footage had' fa#lest. on7 a = 5.2 -vote. i#e -said the
previous . comment about garden apartareets was-. not .appropriate; .it was in
the R-3 and R-4 zones here there ra4uit: be ietensification...He opposed
the motion -for he did not..think densityeshouldleAatensified in the
entire residential zooee. The matter had' Weer -veil aim by.both the
Planning Cot issioo and the Counci r * alowwith-the.community.
Councilmember Carey stressed. that -if the= +tion passed- the. density would
?eot-be: intensified: The resu1tuould.be• a-deceeese id.densityover the
existing zoning; while ft.was .less• decrresset- than• then•.ordidance before
Council contained; it was still a decrease.
Councilmember Early emphosized that -only . the .first Wait would be
affected: an R-4-2 was cuerently 0e- Witkthcamendment.the square
footage rr u1 d . be . decreased from 4000 square feet to'3000.square feet.
On R -M-•3, square footage would be decreasetfrum - 3500 to1500 2500 square
feet --currently it was 1500. On R4 -4,.s re footage -would be de-
creased from 3000 to 2000 square feet* antcur tly. it was .12th square
feet. There was little impact sad it gave smaller lot •corers a break,
particularly in the downtown area.
802
3/20/78
AMENDMENT FAILED: The.amendment-that thesquarefootage_required for
the first unit on the R -M-2, R -M-3 and R -M-4 zones be lowered by 1000
feet, failedon the following vote:
AYES: Carey, Clay,_Eyerly, Fazzino
NOES: Brenner, Fletcher, Sher, Witherspoon
ABSENT: Henderson
Mr. Knox said said he had -commented earlier -concerning -the Ely.property
sayingthat parking would not be allowed in-the.required_yard. He had
since found an ambiguity in the ordinance on-page.199.of. the -proposed
zoning ordinance, the Special Provisions and" Exceptions section: Section
18.88 Said "Except as otherwise prescribed by district regulations or
other previsions of this title, use and- devrelopaent_ of -required yard
shall be limited to the following: . . . ."' Pir. Knox said that "the
following" included landscaping, walkways, outdoor recreation and
benches --nowhere din it say parking. He suggested that _on.page 200, a
subsection (e) be added, with the wording "Required- parking, in accor-
dance with the location provisions specified within -each district."
AMENDMENT: Counci lmember Carey moved, seconded by Fazzino, that an page
200, under sect i ova 18.88.100, subsection (e) : be added to states "Required
parking, in accordance with the location provisions specified within
each district" The amendment passed on a unanimous. vote, .Councilmernber
Henderseo absent.
MAIN MOTION AS AMENDED PASSED: The main motion= what. Council approve
the zoning ordinance as ,stranded for second reading, passed on a unani-
mous vote, Councilmember Henderson absent.
ADJOURNMENT TO 7:30 P.N. , MARCH 27
MOTION: Meyor Shce roved, seconded by Eyerly,-that.Council adjourn the
March 20 meeting to 7:30 p.m. March 27, 1978,. to beginthat treating with
selection of Head Golf Professional. The o otion.passed-on-a _unanimous
vote, Coucil er Henderson absent.
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