HomeMy WebLinkAbout1977-02-14 City Council Summary MinutesRegular aaaae t ins
February 14, 1977
The City Council of the City of Palo Alto met on this data at 9:10 p.m.
in a regular meeting with Mayor Norton presiding.
PRESENT: Beahre, Carey, Clay, Comstock, Byerly
Norton, Sher, Withsrepoou
ABSENT: Berwald
MINUTES OF JANUARY 24 1977
Vice Mayor Clay noted that on page 653 in the third line, first
paragraph, that the line read "statement of the official position
rather than an opinion."
Councilwoman Witherspoon gawked that the third line in the fifth
paragraph of page 639 read "that it would be difficult for
yourngar children aid people from Lytton Gardens."
Councilman Carey noted that on page 661, second paragraph, third line
should read "he noted that Councilman Carey had said he wanted to
move to table points A) and B)".
Mayor Norton asked that on page 663, paragraph 4, tha third line read,
F`...and that he, Mayor Norton, did not wiah to be hold in come t, though
he did not share the same concern for Councilman Carey, so but wished to
confirm that Councilman's motion dl.d not touch on that area, -that is, of
present litigation relating to 'The Land'."
Councilwoman Witherspoon corrected the sixth line of the eighth paragraph
of page 663 to read "...for while she thought the code was good
it was for rural communities, not for Palo Alto."
MOTION: Councilman Comstock moved, seconded by Eyerly, that the
minutes of January 24 be approved as corroctad. That motion passed
unanimously, Councilman Banned absaaant.
ORAL COY CATTIONS
Nona
CONSENT CALENDAR -- ORAL ITIDIS.
Corrected
See pg. 771
1977-82 CAPITAL IMPROVEMENT PROGRAM
REFERRAL
MOTION: Councilman Comstock mowed, seconded,
proposed 1977-82 Capital Improvement Program
The:Finance and Public Works Committee. The
unanimously, Councilman man Bearvaald absent.
(CMR:161:7 )
by Norton, that they
draft be r*fsrred to
motion passed
Mayor Norton briefly itemised the matters on the Comment Calendar;
Councilman Comstock asked that the aaatter relating to 101 Alma, (Item 3)
be withdrawn from the Consent Calendar; Councilman Sambre asked that
the natter of 3997 Page Mill Road (Item 4) be withdrawn. Councilman
Carat' requested that the record show that he would abstain from
voting on the natter pertaining to 2450 Seat Bayabors Brad;
Councilman Sher asked that the record *how that tat would abstain
from voting an (Item 12,) relating to Stanford Paned Development.
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2/14/77
The following items remained for adoption on the Consent Calendar:
2450 EAST BAYSIIORE ROAD -- CHANGE OF
P -C DEVELOPMENT PLAN FOR USE AND LANDSCAPING
Councilman Carey abstained on this item.
The Planning Commission unanimously adopted a resolution
recommending approval of the application for a change of P -C
development plan applying to 2450 East Bayahore Road ;with the
following change: A. Use is changed to "office and reception
not to exceed 340 square feet,', and one parking space is to
be converted to additional landscaping.
RESOLUTION 5346 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING
ORDINANCE 2857 FOR PROPERTY KNOWN AS 2450
EAST BAY SHORE ROAD CHANGING USE, IMPROVEMENTS,
COMPLIANCE AND REDEVELOPMENT SCHEDULE."
681 ARASTRADERO ROAD -- APPROVAL
OF TEN ATIVE UBDIVISION MAP WITH
EXCEPTIONS AND
CONDITIONS
The Planning Commission, by a vote of 5 in favor (tiro absent)
recommends approving the tentative subdivision map (6 lots)
for property located at 681 Arastradero Road.
RFSOLUTION 5347 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY ;F PALO ALTO APPROVING
THE TENTATIVE SUBDIVISION MAP FOR PROPERTY
LOCATED AI 681 ARASI`RADERO ROAD IN IHE CITY OF
PALO ALTO AND GRANT/NG EXCEPTIONS SUBJECT
TO CONDITIONS "
• 4232 MANUELA AVENUE -- AMENDMENT
ALLOWING
SEGREGATION
AND APPROVAL
OF BONDED INDEBTEDNESS
OF F I NAL MAP
The Planning Commission, by a vote of 5 in favor (two absent)
recommends amending the resolution for property located at 4232
Manuela Avenue (6 lots), to allow segregation of bonded indebtedness
prior to recording the final subdivision map; and approves the
final map.
RESOLUTION 5348 entitled "RESOLUTION OP mg COUNCIL
OF TIE CITY OF PALO ALro AMENDING RESOLUTION 5255
TO ALLOW SEGREGATION OF . palm uonrourss PRIOR TO
RECORDATION OF THE FINAL SUBDIVISION MAP."
70041 HANSE WAY -- TENTATIVE MAP
FOR MISCELLANEOUS DIVISION OF LAND 2 LOTS
APPLICATION Of licCA,
The Planning Commission, by a vote of five in favor, (2 absent)
recommends approving the application of McCandless Companies for
a tentative snap for a miscellaneous division of land (2 lots)
at 700 Hansen Way.
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2/14/77
3685 MIDDLEFIELD ROAD -- APPROVAL OF
FINAL SUBDIVISION MAP, ZONE DISTRICT R-1-3-8
TRACT 5960. APPLICATION OP CHURCH OF
JESUS CHRIST OF LATTER DAY SAINTS
The Planning Commission, by a vote of 4 in favor (three absent),
recommends approval of the application of the Church of Jesus Christ
of the Latter Day Sainte for a Final Subdivision Map (eight lots)
for property located at 3865 Middlefield Road, Zona District R-J.B-8,
Tract 5960 (an environmental finding is not required when reviewing
a Final Map for conformity with the Tentative Map.)
"ENSIGN WAY" --
MUM OF NEW STREET CREATED BY SUBDIVISION
OP' 1 t5ra'-r`Y A 3865 IiIADLF.FILLD ROAD CtrR:1S4: 7)
Staff reccmmenda that the recommendation of the Palo Alto Historical
Association to nay the new street "Enaigri Way" be accepted.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1319
1 PAP ALTO CiR:1 5:7
Staff recommends that Council adopt the resolution adding Chapter 15 to
the Merit System Rules and Regulations regarding Memorandum of
Underatandfag between the City of Palo Alto and Local 1319 International
Association of Firefighters.
RESOLUTION 5349 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OP PALO ALTO AMENDING SECTION 1501 OF THE
MERIT SYSTI 4 RULES AND REGULATIONS RE ►MMGR NDUM OF
UNDERSTANDING BETWEEN THE CITY OF PALO ALTO AND
LOCAL 1319, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
AND RESCINDING RESOLUTIONS NUMBERS 5135 AND 5203."
SAN FRANCISCO WATER CURTAIL (CMR :15 3 : 7 )
Staff recommends adoption of resolution urging the citizens of
Palo Alto to observe water :onservation practices during the
drought period:
RESOLUTION 5350 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO URGING VOLUNTARY CURTAIL
OF WATER USAGE IN AN AMOUNT EQUAL TO AT LEAST TEN
PERCENT FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL
USLZS AS REQUITED BY THE SAN FRANCISCO WATER DEPARTMENT."
yROCEDURES FOR REVIEW OF COUNTY REFERRALS
F STANFORD LAND DEV PT NAB (dki:155:7)
Councilman Sher abstained on this item.
Staff recommends that Council adopt Attachment B to CMR:155:7 as
the procedure to be used by Palo Alto la reviewing Stanford
Development applications that are referred by the County
to the City. Theses procedures are not considered a project
under Cam, and are exempt from environmental assessment.
CAPA THEATRE VMS-- ; PR M (1 :106:7)
Staff recommends that the Mayor be authorised to sign the ettached
agreement:
AGRUMENT ---CAPA/TER i'I 6R --- THUM
PROGRAM CAPA --- The Council for the Arts,
Palo Alto and Midpeniarsula Area
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2/14/77
MOTION: Councilman Ccrostock moved, seconded by Eyerly.the Consent Calendar.
The motion passed on a unanimous vote, Councilman C*.rey abstaining on
the vote on 2450 East Bayshore Road, Councilman Sher abstaining on
the voting relating to Stanford Land Development, Councilman Berwald
absent.
Council recessed from 9:16 p.ra. to 9:42 p.m.
833 LA PARA AVENUE ---APPEAL FROM STAE DECISION
�rtl.�rn� v�.�no
TO DAY APPLICATION FOR MISCELLANEOUS
DIVISION OF
APPLICATI0 OF
LAND
IN
HELEN
ZONE DISTRICT
GREEN
R-1
Anne Steinberg, Chairwoman of the Planning Commission, reported that
the application for a lot -split at 833 La Para followed -the destruction
by fire of the original house on the lot. The application had been
denied by the zoning administrator because the resulting lots
would be only 451 feet wide when the required width is 60 feet.
The Planning Commission recommended approval of the lot split
since other properties were of the same width in that area ao
the exception would not be injurious to them, and denial could be
called denial of a property right. The lots would be very long and
further variances would not have to be granted.
The Planting Commission finds or, significant environmental impact
and recommends approval subject to conditions listed in the staff report
of January 21, 1977.
MOTION: Mayor Norton introduced the following resolution ,and moved,
seconded by Witherspoon, its adoption by Council.
RESOLUTION 5352 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALTO APPROVING
THE MISCELLANEOUS DIVISION OF LAND AT LA PARA
AVENUE AND GRANTING EXCEPTIONS."
Councilman Eyerly verified that lots in the area were as
narrow as 45 feet.
Councilman Coeeetock asked what footage was required for side
yard setbacks. and how wide the house could be. Naphtali
Knox, Director of Planning and Community Development, replied
that the side yard setbacks were as vide as those required in
a 60 -foot lot, which the applicant had said she would abide by
without applying for variance.
Councilmen Comstock asked if attention had been given
access to a wider rear lot through a narrower front lot. Ms.
Steinberg said that had not been discussed, for the applicant
said the proposed houses would accommodate to the narrow lot size.
Helen Green, 833 La Para Ague, the applicant for the 'change,
introduced Eduard Bigelow, 3553 Whitsell Avenue, who was also
apprised of the matter. Mr. Bigelow said they had originally
considered the plan suggested by Councilman Comstock and that
since linear lots had been more frequently approved they .had
proceeded with that piano which allowed houses up to 34 feet in width.
Mayor Norton said that apparently the applicant had decided the
long narrow iota were preferable to the applicant over the f Iag-
shaped lot. Mr. Bigelow replied that that was least injurious
to the site itself. Be projected a slide to describe his point.
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2/14/77
MOTION PASSED: The motion to adopt the resolution passed unanimously,
Councilman Berwald absent,
101 AJ.2SA STRI:ET--rAF�.TCAT°iQN FOk
r rra.�...rr�. rr n ��
CHANGE TO P -C DISTRICT DEVELOPMENT PLAN
fit} INCLOSE PARKING DECK
O,T.._.�__ sue. w
Councilman Eyerly said that because he was a resident of 101 Alma
he would not participate in the discussion or the voting.
The Planning Commission, by a vote of 5 in favor (r ne abstention,
one not participating) recommends denial of the application to
change the P -C district development plan applying to 101 Alas Street
to permit enclosing and securing an open parking dark.
Councilman Carey disclosed that he planned to move that the
matter be returned to the Planning Coaaaaaaiaeion for rehearing after
those who wished to be heard had spoken. Re reasoned that
the record on the property showed that in earlier hearings
the public hard assumed there would be no public: hearing and so
had not attended that Planning Commission meeting.
MOTION: Councilman Carey moved, seconded by Beahrs, that the
matter be returned to the Planning Commission for rehearing.
Anne Steinberg, Chairwoman of the Planning Commission, reported that
the plans on the LOi Alma matter which were teviewed at the
October meeting of the Planning Commission were not acceptable.
The matter was continued to allow time for new plans to be submitted.
The applicants, she continued, did not produce any new plans at
the January meeting. Therefore a further hearing before the Planning
Commission would be fruitless unless different pleas were submitted,
Councilman Comstock suggested that some guidance from Council
was needed for the Planning Commission. Councilman Carey agreed,
for if the see planes were to be submitted there would by undue repetition.
Naphtali Knox confirmed the matter had been continued to permit time for
new plane to be prepared. The staff had told the Planning Comeeiesion
to allow an additional month to that if new plans were received there
would be enough time to review thews, and if no new plans vera received
the Peening Department then recorded the Planning Commission
deny the application, and that is what took place.
MOTION AMENDED: Councilman Carey, with the agreement of the second,
said that he would emend his motion that the smatter be returned to
the Planning Co .seion ou condition that modified plans be submitted
within thirty days, but that if such modified plans were not su)itted
the setter would than return to council
Mr. Knox noted that in this P -C development the natter also had to
go to the Architectural Revise board.
Councilman Comstock said that he appreciated the needs of the 101
Alma residents yet he was sympathetic to the objections of the
neighbors to a big, bulky structure looming over their properties.
Ha said the residents and neaighborai had a better chance of reconciling
their wishes its the Planning Commission meeting that at the Council level.
Mayor Norton restated the notion with the eeendment incorporated, as
referring the setter back to the Planning Commission with the clear request
to the applicant that modified plans be aubaitted at the same time. If the
setter vas approved by the Planning Commiaaesioe it would than go to the
Architectural Review Ord, sand return to the City Cohanci1 in
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2/34/77
due course. He told the audience that if Councilman Carey's motion
passed it would be a useless exercise for them to speak to the
Council tonight, before the matter is reheard by the Planning Commission.
Brad Baugh, 180 Palo Alto Avenue, said he would like to speak in
opposition to Councilman Carey's motion. He said that were the
matter to go back to the Planning Commission it :could be the fifth
time neighbors had had to appear.
Councilman Sher asked Mr. Baugh if his clients would like to
review the modified plans should the architect have them ready, before the
Planning Commission reviewed them.
Mr. Baugh said he had little confidence such would be the:case,
but if it was a drastic change he would be interested, speaking as
a representative of the other neighbors as well as himnelf.
Gordan McAdam, Hoover Associates, stated he had been attempting to
"get a proper hearing" on behalf of the 101 Alma people, and that
barely essential drawings had been given to the staff ;ao that they
could get a declaration of "no environmental impact" which they
did receive. Working from a consensus of the residents the architectural
firm had decided to conaatrtct a portion of the parking structure, full
scale, and place it in the proposed location at the property line, and
neighbors and staff were invited to review it. The staff did not view
it, however. Tha neighbors were adamantly against the structure.
The architectural firm had found there were many variables and
they had asked staff for a continuance so they could explore other
courses of action. He said the fins had a presentation for that
evening showing the shadow patterns of the parking ssteucture and
the like addressing objections of both residents and neighbors.
He left the matter of whether or not to present it to Council tonight
to Council's beat judgment.
Councilman Sher asked Mr. McAdam if the plan he had with him
that evening was significantly different from the one which the
Planning Commission had turned down.
Mr. McAdam weld they had some alternatives. One alternative related
to the saw structure; the other was a different form of structure.
Additionally they had some alternatives, such as locating the structure
in another place, which had not been explored with the Planning
Commission. Since the Planning Commission had not granted them an
extension in time Mr. McAdam said they had been "left high and dry
with no sounding board for "those proposed alternatives." He said,
however, they did have different ideas to present. He said they would
be willing to present them to the neighbors' group before they went
to the Planning Commission.
Joel Carrillo, 101 Alma, apartment 102, said he was "violently opposed"
to constructing the parking as it vats now presented. He occupies a
first -floor unit that will be severely affected by the structure
and therefore his feelings are the ooze as the neighbors.
Councilman Carey underlined the necessity for the Playing Commission
to have different plans, or slice they would makes the same decision;
melees theme were new plans, he said, there would certainly not be
repeated public hearings,
Mr. Brad .Baugh, representative for the nsighbv're of 101 Alma,
concluded that the wisest thing for opponents of the parking structure
to do would be to deny Councilman careey`a motion to return the matter
to the Commission and uphold the Planning Commission's denial, By so
doing Council would say 101 Alma bad to have a substantial change in plans.
712
2/14/77
Councilman Carey said the application to Council would not be denied
without debate taking puce, so that there would be a public hearing,
one way or another:
Councilman Sher said that he would vote to return the natter
which was obviously very important to both sides, back to the
Planning Commission, on the aeseuze:ptiou that the architect did indeed
have significantly different proposals in mind to make, which would
include changing the shadow patterns on the neighbors' propertieo.
Mayor Norton secured agreement from Councilman Carey and his second
to the motion, Councilman Beahrs, that Councilman Sher's admonition
could be included in the motiein now before them.
MOTION PASSED: The motion to refer the matter of the appiicatior
back to the Planning Commission with amendments incorporated, passed
unanimously, Councilman Berwald absent, Councilman Eyerly not
participating.
Chairwoman Anne Steinberg stressed that at the January 26,. 1977 meeting
no one had been denied the opportunity to speak.
Mayor Norton pointed out that any person interested in the 101 Alma
parking ajt.ucture matter could contact the City Clerk to find out
when the Planning Commission's rehearing of the tatter would take place.
3997 PAGE MILL ROAD --- PRELIMINARY
PAtC �ti.4 4 IA°S) PPLICAY43�I
OF EAT R? AINE
The Planning Commission, by a vote of 5 in favor (one abstention,
one absent) , finds that the application of Harry Aine for a
preliminary parcel map (4 lots) at 3997 Ps.=e Mill Road, has no
significant environmental impact, and recommends approval of the
preliminary parcel asap subject to corrections to the resolutions
noted in the Planing Commission minutes of January 26, 1977,
Councilman Comstock observed that a communication about the
3997 Page Mill property had been placed at Coennci.lmembeers' places
for that earning, Be said he had roved the item from the Consent
Calendar for his own satisfaction on several isms one of which
wee how the setback on the subdivision on Page Mill Road related
to that required soma time back on Sky1i a Boulevard.
Nephtali Knox replied that the 200 -foot setback applied to Page Mill
Road and that that could affect the future house on the lot requiring
the variance but until the leered is actually surveyed that will not
be known.
Councilman Comstock observed that the road site on on* 20 -acre
parcel was quite limited. Be asked Mr. Knox whether or not the
matter would return to Council if the road sits were found by the
survey to be less than 20 feet. Hr. Knox replied that a variance
would have to be applied for and that the zoning commissioner would
have to bold a hearing on it.
Councilman Comstock raised the question of the concerns of the Fire
Department, and he asked if, when Council approved the subdivision
asap, that also via approval of the road system as shown.
Kr. Kee anywored that the 20 -foot road that was shown was an
existing road and that the Planning Department would not require any
mere than was uacessery. We mdded that there was an easement for
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2/14/77
access along the road, and that the Fire and Engineering Departments
would determine jointly what wsae necessary. The Fire bepartment
has stated, he went on, that they wanted a 20 -foot road all the way
to the Block property. Road improvements, Mr. Knox said, would have
to be made as tar as the existing building before the tire Department
would agree that grading or roadway permits could Se issued. Either
the 20 -foot improvement would have to be made immediately or a bond
would have to be posted to guarantee the construction of the road
to the 20 -foot width before the final approval of the map.
Councilman Comstock asked if Council would be approving that map
as an easement, and if so, what about the question of public access?
City Attorney Booth replied that approval of the map did not mean
approval of the road or the width. The intent was that the road be
private.
Councilman Comstock repeated his concern for Fire Department
access. Mr. Booth replied that Page Mill Road itself in'tbat area
was only 20 -feet or less wide. He said he understood there was to be
"some distance" between the road itself and the structures,
leaving some parking area available.
Mr. Knox explained that the Fite Department wanted a 20 -foot width
beca=.use they couldn't stop and be fighting a fire and !still provide
Passage for other vehicles, and that therefore they would not accede
to the 13 -foot road which now exists.
Co+incilevan Comstock asked if, in the event it
Palo Alto sewerage system did not extend that
residents had to use septic tanks, had a test
of the soil for that purpose been made.
was found that
far, and the
on the suitability
Mr. Booth said all the jots would be served by Fels Alto utilities for
electricity and water. Two lots were to be served by'septie tanks if the
County approved, and that approval was contingent on results of
percolation studies to ascertain whether or not there was an adequate
drainfield. If special problems did develop the developer of the
lots would have to extend the City sewer lines to serve that property.
Councilman Comstock referred back to Palo Alto's cont1nt:ing interest
in the longterm plan of developing biking and hiking trails on Page
Mill Road. He said that since these properties fronted on:Page Mill
this might be they proper :ice to inquires into requiring easearrents.
!€r. Knox replied that there was no adopted bicycle plan for that.
particular stretch of road. "The adopted 'Trails and Paths''Plan,"
he said, "indicates an attempt to get a route from the flatland to
Skyline..." which had bean indicated -along Los Trancos which did
not come into the vicinity of the subdivision.
Councilman Comstock confirmed that Los Trancos was far from the
area under c'errent discussion.
Mayor Norton said that in his experience the subdivider could be
requested by the City to offer the street for dedication to the
public interest, with the understanding that the City would no accept,
yet, If the need arose at a later date the City had the offer in hand.
City Attorney Booth said the procedure had no disadvantages but
that if it were accepted the City would take on some major maintenance
responsibilities; the City would have at least 25 years is which
it did not have to accept the roadway, yet it had the option mailable.
714 'if
2/14/77
Mr. Block, owner
the easement was
to be specific.
merely wanted to
of property along Page Mill Road, pointed out that
for 25 feet, and he asked Mayor Norton if he wanted
Manor Norton responded in the negative, saying he
identify the road, not to indicate its width.
MOTION: Mayor Norton moved, seconded by Comstock, that Council
approve the recommendation of the Planning Commission regarding
3997 Page Mill Road.
MOMENT: Mayor Norton moved, seconded by Comstock, that the main
motion be amended and indicate that the emcees road is to be offered
to the City for dedication as a public road and that the City reap
that offer open for the present.
Mr. Block, attorney for Mr. Aine, owner of the subject properly,
esid his discussion a*ith the Assistant Fire Chief disclosed that
a 20 -foot wide road would not be required from the existing
small house to his own property, which was a private drive. He
asid the natter had been dealt with to everyone's satisfaction
in the Planning Commission mooting; he continued saying that
only four or five houses would be served by the roadway, and
he questioned the good of *eking that it be dedicated to the
City.
Mayor Norton said that the Council area not asking that it be
dedicated and accepted, but that it be dedicated and acceptance by
the City be left for as many years es it was legally possible for it
to remain an open offer. As 1org as the offer was not accepted by the
City it would resin a private road.
"In other words we have to build the road and then it will be
dedicated to tha City," stated Mr. Block. Re asked why the 'City
would want it. Mayor Norton maid that since Council had not voted
he chid not know whether or not they did. He maid he had presented
the motion so that the City could keep its options opauu. Re added
that in the normal subdivision tha developer could be required to
improve the road than dedicate it to the City --a normal pattern
in Palo Alto and virtually all cities.
?it. Block asked if the road for Mr. Eaarington's subdivision had
been dedicated to the City. Mr. Booth replied that the road was
already owned by the City.
Mr. Block asked if Montebello Ridge Road had been dedicated to the City.
Mr. !Booth replied that the privets drive had not been dedicated, but
that the City owned that portion of Montebello Ridge Road.
Mr, block asked if his own private drive was dedicated to the City.
Be caked if the propoeed amendment could include the atipuhrtion that
his own private drive remain private end not be dedicated to the City.
for it served only one house.
Mayor Norton replied that there wee a potential that it might serve
other hostage in the future, end so it was likely to be requested for dedication.
Mr. Block said that with 1( --acre zoning there was not that potential.
Mr. Knox clarified that theMayor's proposed amendment related to
a 20 -foot width road which could be offered to the City, and which
at some future time the City could accept in partial or full width.
Mr. Block's comments concerned the width of the roadway from the
house shown on the map of the 10 -acre parcel, vouch +sea different
from the road proposed for dedication. That particular private
road did sot have to be sridesaed immediately. The ?ire Department, he
added, would accept as. bond frut the subdivider, holding off the
construction of the road until the Fire Deportment felt the road
of 20 -foot vldtb vas needed or until there was a change in parcels,
or building type or the like.
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2/16/77
Mr. Block confirmed that the road being discussed ran from the
existing building down to his house, and he repeated, since it is
a private road and does not have to be widened why k d it have to
be dedicated to the City. I{e respectfully euggeeted that it did
not have to be dedicated to the City.
Mir. Knox replied that Assistant Chief McLaughlie of the Fire Department
had said they wanted a 20 -foot road all the way from the Page Mill Road to
the Block property so that it there were any cheeges at least the
road would be that far.
Mayor Norton asked Mr. Booth if the amendment be proposed would
extend to the portion of the road that rune to what Mr. Block described
as being his private drive, and if, in the future, that private
driveway would servo additional subdivided lands, would there be an
opportunity to ask that the dedication to the City be made. Mr. Booth
answered that, a auating the eubdivieion process had gofaee through, that
would be the case. At some future point, he continued, the City might
not have an ordinance requiring a review of lots of th.:st sire. He
suggested to the Mayor that if an offer of dedication were to be asked
for, that it be done now, with the understanding that the` City did not
have to accept it all the way in the future.
Councilman Carey said that it seemed to him that consideration of a
4 -lot subdivision was before council, which, under current 0-5 zoning
could be nine lots, for there were 95 acres. He concluded that the
applicant could stay with the zoning ordinance and re -zone at any
time into nine parcels, in which event the City could want to have
a dedicated street, Mr. Booth concurred. Councilman Carey said he
would support the Norton amendment.
AMENDMENT TO MOTION PASSED: The amendment that approval of the
subdivision indicate that the access road is to be offered to the
City for dedication as a public road; and that the' City keep that
offer open for the present, passed unanimously, Councilman Berwald absent.
MAIN MOTION AS AMENDED: The main :notion approving the reco ndation
of the subdivision ' As amended passed on the following vote:
AYES: Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon
NOES: Beahrs
ABSENT: Beerwald
SKATEBOARD ORDINANCE
MOTION: Couoctlman Comstock intrcduceed the following ordinance
and moved, seconded by Eyerly, its approval for first reading:
ORDINANCE OF THE COUNCIL OP THE CITY OF
PALO ALTO PROHIBITING RIDING OF SKATEBOARDS
ON SIDS rm BUSINESS DISTRICTS
Ellen Fletcher, 3$43 Greg mod, resod a portion of Section 3 of
the proposed ordinance which read: "No person should operate,
drive, or ride upon any bicycle, unicycle, skateboard, horse, or
any other eeimal in nay part excerpt in areas deeignsted and
posted specifically for such use." She pointed out that the
bicycle patty in Mitchell Perk is used extensively as an extension
of Cowper, from Best 1+ dos through to Charleston Road. Were that
prohibited, *be said, bicycles would be forced d ueato Midi of iald amid,
ogee*, as tbe pry ordinance rem, that portico of Mitchell
Perk were so posted. She spoke aloe of the lack of signing having
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the effect of "prohibiting" bicycling in Foothill Park. She said
the ordinance conflicted with sec>_ien 10.64.220 relating to bicycles,
rollerekates, and coasters, "No person shall ride or operate a bicycle
upon any playground, park or schoolground except in established paths
or walkways, unless such riding or operation is expressly permitted
under rules; and regulations established by the superintendent of
recreation, and then only in accordance with such rules and regulations."
She said signs forbidding skateboarding would be bettor than the too -
prohibitive ordinance proposed.
City Attorney Booth said that the only addition to the current Palo Alto
Municipal. Code section (read by Me. Fletcher) was the'addition of the word
"skateboard."
Mr. Booth noted that there were a number of paths, as opposed to
paved ;trees, which wets felt to be inappropriate for bicycle riding.
Councilman Sher questioned what the shortcoming of the existing
ordinance was, and he suggested the implied inconeistency should
be done away with, though it would be wise to go ahead with the
present proposed ordinance.
Councilwoman Witherspoon said ehe was surprised at the elaborateness
of the meanings in the ordinance when it had seemed that Council
had reeked for a simple prohibition of okateboardes downtown. She
asked Mr. Booth if the sections to which "skateboard" had been
added were already existing. He replied in the affirmative.
LOTION PASSED: The motioi adopting than ordinance for first
reading passed on the following vote:
AYES: Sher, Carey, Beahrs, Clay, Horton, Eyerly
NOES: Comstock
ABSTAIN: Witherspoon
ABSENT: Boerwald
MOTION: Councilman Sher, seconded by Withsre'poon, moved that Council
refer to the City Attorney the question of inconsistencies in certain
Palo Alto Municipal Code sections for recommendation from the City
Attorney as to what might be done to remove them.
The motive weed unanimously, Councilman Berwald absent.
WILLOW ROAD IMPROVEMENT PROJECT (CMR: 136:7)
Councilman Sher stated that he would abstain from discussion and
voting on the subject for his employer, Stanford University, was
a principal: in the matter. He left the meeting and did not return
that evening.
Ben Pawioski, Director of Public Works, made the following comments:
"Many months ago this project w*a referred to the Menlo Park City
Council for two reasons: that they certify that they have reviewed
and considered the Environmental Impact Reiiew, and that they consent
to the project. Subsequently, during a number of public meeting®
that Menlo-Park'had, issued arose about the project and it was decided
that two elected officials from each of the cities and representatives
of Stanford University, should onset and attempt to resolve some of these
issues. There are eleven such issues and et the public meetings that
vere bald to discuss thee, tears vas agreement reached for subsequent
ratification by each of the City Councils and the Stanford ]bard of
Trustees. Since then the Menlo Park City Council has approved all of
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the eleven issues, has certified the review and consideration of the
Environmental Impact Report, and has granted consent to the
project, in addition to snaking an appropriation toward the project.
So it is timely for the Palo Alto City Council to consider the
eleven issues."
?Mayor Norton said he would forestall further discussion by introducing
the following motion:
MOTION: Mayor Norton moved, seconded by Beahrs, that Council approve
Items 1-11 of the ,summary of deliberations, included in CMR:136:7, as follows:
1. Change the name of Willow Road to Sand .Hill Road
Agreed that the City of Palo Alto should initiate the necessary
legal proceedings to change the name with the understanding that
the effective dace would be approximately 18 months thereafter.
2. Alternatives to the Proposed Connection between Arboretum Road
and El Camino Real
Palo Alto and Stanford had considered all alternatives. Any Other
alternative than the present proposed design (Alignment I, which is
a modification of Alignment D) is totally unacceptable to Stanford
and Palo Alto.
3. Need for Landscaping and Noise Control on the North Side of
Willuw Road between, Arboretum Road and El Camino Real.
Palo Alto and stanford agreed to consider additional landscaping
and earth mounds in this area and will consult with Menlo Park
when Landscaping plans are prepared.
Lie
Future Development of the 3 -Acre Parcel Ad.1scent to the Easterly
BoundaIe.of the Children's Hospital
Palo Alto Councilmeabers agreed to support acquisition of the
parcel at a cost of $250,000 and to dedicate the land as open
space :seder the Palo Alto Charter. Such acquisition would be
considered as mitigation and could be a part of the Assessment
District. it was further agreed that the full intersection to
the shopping center adjacent to this parcel would be modified
to a "T" intersection, and thus eliminate access to the 3 -acre parcel.
5. No New Polluted Drainage Water to be Dumped into► San Francisquito Creek
All parties agreed to that.
6. There should be a Minimum Setback from the To of the Bank of
San ?ranaciaquiito Creek for Future Develo Gent of the 45 -Acre
Parcel on Stanford Lands to be at Least the Drip Line of the Trees.
After a survey of the trees and discussion of Palo Alto's "creek..ide
open space" requirsaant®,there was agreement that a uniform 90 -foot
setback was appropriate. It was further agreed that there would be
a written agreement between Stanford and Palo Alto memorializing
tha 90 -foot setback.
7. Menlo Park Should have a Votes in Approval of any pms,sltsumbalEetst
of the 45 -Acre Parcel between Children's Hos ital and Oak Creek Apartments.
Stanford agreed to consult with Menlo Park on any proposed plans.
S. Restrict Oak Avenue Intersection to Ri ht Turns Onl
It was agreed that there mere objections from Stanford and Palo,
Alto,
and Menlo Park could proceed as they wished.
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2/14/77
9. Should Sand Hill Road/Willow Road be a Truck Route?
It was agreed that Sand Hill Road/Willow Road should be a
truck route because of the need for truck access to the
Stanford Shopping Center, downtown Palo Alto, and downtown
Menlo Park.
10. Mitigation of Impact on Residents Adjacent to Sand Hill
Road between Oak Avenue and Santa Cruz Avenue
Menlo Park and San Mateo County are to resolve thin issue
including any additional funding. Stanford and Palo Alto would agree to
inclusion of a frontage road, but not to include its coat in the assess-
ment district.
11. Cam ug wive Extension
It was agreed that the proposed agreement contain.the following state-
ment about public access and those persons eligible to use Campus
Drive: "Upon completion thereof, Stanford hereby agrees that Campus
Drive be and remain available access for persons utilizing, visiting,
or travelling from or to any of Stanford's facilities or any of
the lands of Stanford. Nothing contained herein, however, will be deemed
to require a public dedication of said street nor to prohibit Stanford
frccn closing said street for maintenance purpoaea or for special events,
nor from posting such notice or taking such actions as are required to
protect the status of Campus Drive ae a private road."
It had been proposed that the conatructicn of Campus Drive Extension
would in no event be required prior to the expiration of five years
from the date of completion of the W 11ow Road Improvement Project.
Stanford agreed to the deletion of this provision.
Stanford agreed that Campus Drive Extension will be completed by
Stanford within 18 months after notification that an "E" level of traffic
service had been reached at the Sand Hill :Road --Santa Cruz Avenue
and/or Pasteur Drive -•-Willer Road intersections.
Mayor Norton observed that both he and Councilman Carey had had
several sessions with Menlo Park and Stanford, and while neither he nor
Councilmen Carey were wholly in accord with the recommendations he hoped they
could be approved without undue delay that evening.
Councilman Comstock asked where this fine would come from for
acquisition of the 3 -acre parcel edjacent to the easterly boundary
of the Children's Hospital.
Bea Pawloeki said it was currently proposed to include the cost
of acquisition as part of the assessment district.
Councilman Comstock asked if it could be called a "eaitigation action"
related to the project and therefore part of the total project cost.
Mr. Pavloski replied that if the Land thus acquired were made a
part of the district the acquisition would be considered a part of
the mitigation.
Councilmen Comstock asked how the cost would be handled specifically.
He queried if the vote approving spending that much money for the land
dial not also include the method in which that money would be raised.
If not, he asked, how did the method of raising the funds get decided.
Mt. Pawloski replied that in March staff would return to Council
719
2/14/77
with the necessary steps to initiate the as3essment district. Methods
of funding would be discussed then.
Councilman Comstock offered that what staff was asking for, then, at
that time, was a policy determination —and not necessarily
authority to go ahead and clear the land and obtain appraisals
and the like. Mr. Pawloski said that Councilman Co etotk was correct.
Councilman Comstock said he would not like to have voted approval
then later find the costs had to be borne by the general fund or
aaothet surprise like that. Mr. Pawloski said that making the
coat of the acquisition of the land a part of the asaessaent district
afforded a number of options.
Councilwomse Witherspoon raised a question about Its& 11, the Campus
Drive extension agreement, which she staid she knee Mayor Calloway
was "anxious to get." she said she saw that there eight be complications
with an extension of Campus Drive to Junipero Serra since Aipiae
Road came in there, and she asked if it would have to go through the
usual Enviromaeutal Impact Report and the Traffic Engineers', or would
it coma into effect "whether we like it or not, when the E level
is reached."
Mr. Pawloeki said that he was sure some procedural requirements would
have to be met and that there would have to be some Environmental
Impact Assessment. He added that an E level was n obviously
adverse situation.and the idea of the ElA would be to mitigate
that and take any necessary iraaprcvements.
Councilwoman Witherspoon assured that Council was not rocked into
unqualified acceptance by voting approval that evening, should it
be found that the Campus Drive solution was worse than something else.
Mr. Pawloski said that the general
certainly would not be any adverse
extension, and that there would be
that the agreement be written with
and that after a determination had
would be directed to proceed.
answer would be that there
impact in making the Campus Drive
some benefits. Staff Baas proposing
E level of traffic as the trigger,
been evade the Stanford engineer
Mayor Horton pointed out that it would be a private road and a
part of Stanford's general plan.
Vice Mayor Clay asked that E level be defined. Mr. Paavloaki replied
that it was a traffic situation characterised by numerous delays.
Ha . aesid it was specifically described in a document relating
to transportation problems, end that he had given a layman's
definition.
Vice_ Mayor Clay asked when it would be determined that au E level
had been reached. Mrs Fawloaki said thee: a "black box" projection
said that an E level transportation situation would be reached
at around 1990.
Vice Mayor Clay *aid that Stanford had made a conditioaal agreement
to , pserelt the Campus Drive extension after a Lapse of five years,
and so if E level were not going to be reached until 1990 the five
year condition would r*lae no problem.
Mayor 1 ortoe said southbound traffic heeded for Menlo Park
would sakes the Campus Drive extension a problem, and that Menlo Park
did not wholly /agree with Oa forecast of the year 1990.
720
2/14/77
1
Councilman Carey said each of the three separate jurisdictions had
its own concerns which had been dealt with by compromise. Stanford's
first position had been that they would connect Campus Drive only
when E level had been reached at Pasteur and also after five years.
Palo Alto, Councilman Carey explained, had not yet taker►, a position
but, primarily at the insistence of Menlo Park, Stanford agreed to
remove the five-year moratorium and add another checkpoint to determine
when E level was reached on Willow Road and the other checkpoint had
been the juncture of Sand Hill and Santa Cruz. Menlo Park had wanted
those two checkpoints for they were concerned about the overloading
of Willow Road with possible spillover into Menlo Park. lt'was
Menlo Park's hope that much campus traffic would use Campus Drive
to get to the Alameda and go south rather than Willow Road, with
Campus Drive thus acting as a "relief valve." Councilman Carey
said that since it was an improvement to be made by Stanford he
had not questioned it further. He said he also assured that the
County of Santa Clara would install a signal light at the intersection.
A total of about 45 issues had been reduced to the questions of the
Campus Drive extension and the 3 -acre parcel.
Vice Mayor Clay repeated that the 5 -year moratorium placed on
building the Campus Drive extension still seemed to him to pose
no problem.
Councilman Carly said that the question of whether or not it posed
a problem was immaterial for Palo Alto was not going to have to
pay for it. Menlo Parka approval of the plan had been hinged on
Stanford's willingness to ccnnect Campus Drive whenever the E level
was reached at either of the the traffic points. Menlo Park thought
that the E level would be reached sooner than the time taken by the
5 -year moratorium. Councilman Carey repeated that he did not
question the rightness or wrongness of either point of view for
the 5 -year moratorium made the plan acceptable to both of them,
and Palo Alto did not hive to participate in the coat.
Vice Mayor Clay pointed out that the acquisition of the 3 -acre
parcel was tied to the opening of Campus Drive, and that Menlo
Park would pay nothing for that, yet Palo Alto would.
Councilman Carey held that the acquisition of the parcel and the
opening of Campus Drive were unrelated.
Vice Mayor Clay asked what the parcel was zoned and Councilman
Carey replied that it was zoned C-3.
Vic* Mayor Clay said that in spite of its zoning it had been ueaed
for years as park area►, for which purpose Palo Alto vas planning to buy it.
Councilman Carey said that Stanford had taken the position they might
want to use it for C-3, and that the appraisal had been $360,000.00,
while the offered price had been $250,000.00. He said he had even
argued that if Palo Alto gave the parcel ree1dentia1 zoning it
would increase the value, and that any reasonable coning would give
tha parcel at least a value of $250,000.00, wile at the sage time
having no negative impact on Menlo Park. He added that he believed
Menlo Park thought the 3 -acre parcel would be acquired and maintained
as Open Spare, which might moan it could not be put in the *ssesareeEnt
district.
Vice Mayor Clay moved on to the matter of possible closure of Campus
Drive and has read: "Nothing contained herein, however, Vi.11 be deemed
to require a public dedication of said street nor to prohibit
Stanford from closing eaid sr eet...nor from posting such notice or
taking such actions as are required to protect the status of Campus
721
2/14/77
Drive as a private road." He said the passage bothered hits; he
did not understand just what had been negotiated, and he felt he
could not support it.
Dr. Nancy Jewell Cross, 1902 Palo Alto Way, Menlo Park, spoke as
the representative for the Committee for Safe and Sensible San
Francisquito Creek Area Routing, a 400 -member committee. She said
the Palo Alto City Council nay have found Menlo Park to be as adamant
as they were because of the action the committee she represented
had taken. The Enviroamental impact Report, she ssid, noted that
the adverse isapact of the proposed Willow Road.extensi,n fell on
that area. She said that University Parkfpressaure, (she lived in
University Park) had been felt not because they were represented by
Menlo Park or Palo Alto but because of their influence. She said the Board
of Supervisors represented them, and that the Board would be asked
to spend money to mitigate the adverse effect. She said the
reeeidc;nts were not satisfied that the natter had been explored
in the "dimensions of regional desirability," and that it bad bean
a compromise for ceertaia municipalities, in reeIaatio i to Stanford.
The committee would like to see same planning that took into account
the prospect of Stanford's development out Alpine Road, which would
require only the widening of the road, though that was not the full
scale of the longterm plan. She said the committee meted to see the
Creek eenv1renment respected -Y -a resource "that we will never have
again if it is eased up in a big roadway." Stanford's plan seemed
to involve moving the golf course and the Safe and Sensible committee
would like to see a park in that. area. When the committee spoke of
their wish to Menlo Park City Council one week ago, the Council said
that the committee could seek funds from the County park system and
the urban park funds of the State and Federal governments. The
Menlo Park Council had instructed their staff to look into those
possibilities. She expressed the belief that the County could be
drawn into the netter to consider the voluno of traffic on Alpine
as compared to Sand Hill, and evaluate what kind of intersection
would be desirable. If the nem, and wider portion were routed up.
Alpine an over/under pass could be constructed which would forestall
eonfusicn, E level of traffic, she explained, was reached when
cars had to wait through two light changes in order to cross an
intersection, and that level existed already. Au anticipated change
in the system of lanes sight relieve the congestion somewhat. She
said that the committee she represented had evade it a matter of
importance to the Menlo Park City Council. She asked that Palo
Alto follow ? lo Park's lead and refer the matter to Planning
and Park staffs. She noted that Senior Citizens could enjoy a
creekeidee park without having to have transportation to the big
Midpenin sula regional parka. She suggested that Stanford might be
very interested in receiving funds for sale of the portion of the
golf course which they would be abandoning anyway. She said that
at a meeting of December 1, 1975, the County of Santa Clara
Board of Supervisors iaetructeed their staff to proceed in terms of
a cresakaide park and bike and pedestrian trails in th*t area.
She urged. Council to take a position which tight persuade Stanford
to pursue a juncture at Alpine and not Campus Drive.
Mayor Norton elaborated on the map displayed explaining that
the dotted line for San Praneisguito Creek was also the dividing
line between San Mateo and Santa Clara Counties, and that the
portion reaching to the Alameda was unincorporated land, not in the
City of Menlo Park and the site of eight or ten residences.
Those residents had gone to the Council of the City of Menlo Park
with their suggested plans, and revisions in the. plan to provide
about 100 -foot vide frontage road. The eucalyptus grove between
the present roadway and the Stanford golf course would provide
a divider from the proposed four-way roadway to the south of the grove.
Be said he thought those eight or so residents were amply taken care
722
2/14/77
of in that fashion, and at San Mateo County's expense. The Mayor
added that Dr. Cross's suggested new roadway cutting through the
Stanford golf course, would, according to his sense of Stanford's
wishes, meet with strong resistance, for Stanford had objected
to moving the present roadway.
John Breedlove, representing Stanford University, said he had seen
the plan Dr. Cross had presented but he did not want to comment on it
until he understood it more thoroughly.
Mayor Norton requested that Mr. Breedlove ask Stanford to respond
in due course, and see also that Dr. Cross receive a copy of the response.
Mr. Breedlove agreed.
Councilmen Carey commented that the plan proposed by Dr. Cross
which made the main connection of revised Willow Road, to be called
Sand Bill Road, join to Alpine Road. It eliminated at least three holes
of the golf course and proposed a significant variation in the
connection to Route 280 that did not seem favorable to him.
Vice Mayor Clay stated that he wished to vote "no" on points 4, 7, and 11
in the proposed Willow Road accommodations, and to have the record so show.
MOT10N PASSED: The motion that Council approve Items 1-11 in the
eery of deliberations dated February 10, 1977, passed on the
following vote, with lice Mayor Clay voting "no" on points 4, 7 and 11.
AYES: Carey, Beahra, Norton, Witherspoon, Eyerly
NOES: Clay, Comstock
ABSTAIN: Sher
ABSENT: !erwaid
,c„iRY l tiERWALD
RE AGENCY HANDLING 7
=TARTE nicIDENTS
Mayor Norton said that in view of Councilmen Bsrweld' a absence
it would be good to continua thsi matter.
MOTION: Mayor Horton moved, seconded by Comstock, that discussion
on the matter of County handling of child abuse incidents be
continued to March 7, 1977. The motion passed on a unanimous vote,
Councilasmebeera Bsnvsld and Sher absent.
Councilman Baehr* said that on lebruary 3 the staff had sent to the
Mayor s report concsrusd with the possible revisiot, of the
Comprehensive Plan relating to properties hold by Mr. P dearis.
Councilman Baehr* said the report had not reached the Council. He
said hs viewed the Comprehensive! Plan as revisable, for most
bin documents were shown to have unforeseen anomalies end
i.aconsiatencfeea. The Medearie property was not isolated from other
properties, though properties across the street vere zoned differently.
Councilman Beehrs continued that tae felt one of the objectives of the
community should be to sponsor and foster the provision of more
hawing which, in the cum of the Jebstsr project, had been dons
at great expense to the taxpayer. He said he thought private
723
2/14177
contractors should be encouraged to build more housing for they
did it at less cost and trauma to the public.
MOTION: Councilman Beahrs moved, seconded by Withersppen, that
the land use element of the Comprehensive Plan be attended by
removing the two corner properties at Lytton and Byron from single-
family residential by designating those two properties ea
multiple -family residential, and refer the proposal to the Planning
Commission fox the required report, which would include an environmental
assessment.
Councilman Beahrs added that he strongly supported his motion and
that he also supported hie ownership rather than the continual
proliferation of rental properties.
Mayor Norton said he was aware of the concern Naphtali Knox,
Director of Planning and Community Development, had about regpening
a discussion on the recently adopted Comprehensive Flan. ye said
he had looked at the property and knew that the owner had already
secured a permit for an apartment building which, in external
appearance, could be identical to ghat he had earlier proposed
to build as a condominium. Because of a state law which stated
that subdivisions can not be approved unless they are in conformance
with general plane of the community, Mr. Medearis found he could
not be permitted to beild a condominium subdivision, Mayor- Norton
said he would be willing to support the referral of the hatter to
the Planning Commission, in order to handle that technical -problem.
He staid that a look at the property had shown hire them: vas an old
abandoned house which had not been occupied for a number of months,
and that It was surrounded by a fairly large vacant parcel. The
property was bordered on one side by apartment buildings, and -two
other apartments were opposite. he said he thought that logics would
permit it to be re -zoned and that the Comprehensive Plan should be
altered to conform.
Councilman Jyerly asked Mr. Knox to give his feelings about such
an early re -opening of the Comprehensive Plan, and his fears about
what might result.
Mayor Norton said that in has view such a re -opening would not encourage
others to come in with other requests of the sere nature, fir he thought
Mr. * deatis's problem was unique.
1
Mr. Knox said that a map on the veil showed the property in question.
He said a d• -unit building was across the way, and a 9 -unit building
next to the Medearis property. Mr. Knox explained that planners
had triad to keep as ash single-family property as possible.
He said to was concerned about a change in the Medearis matter
sitting r precedent and bringing others is with the same request.
Pour or five hardship epplicatioas had already been made under
the moratorium. the Bilve property, near Medearis's, and the
Ten property, also nearby on Everett and Middlefield. At the
time the property had been stoned, with an aye to retaining a a .s
much single-family housing as possible, the subject property
had not yet been optioned by Mr. Medearis, who, since that time,
had completed plazas for the development and obtained permits.
Mir. Knox said that illustrated only two out of the five who were
claiming hardship. While the potential for change, Mr. Knox said,
vas not unlimited, it was "awfully early, in my view, arid, as
a matter of fact, we don't have the Plan printed yet."
Councilman Hyeriy confirmed that Mt. Medearis did have a permit
to go ahead and build, though the properties had to be rents'.
It. Knox answered that though it was a technicality, it was an
important technicality, that no body, neither the Planning Commission
senor the City Council, could approve a subdivision unless it conforms
to the Plan.
724
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y
Councilman Eyerly questioned that other possible applicaarts
would not have quite the sae conditions as obtliried with Mr. Medearie,
for he was permitted to go into multiple -family regardless of what
action the Council took.
Mr. Knox replied that Mr. Tan, at Everett and Middlefield, claimed
he had gone as far as having paid out money for plans and the like,
yet he had not gone as far as getting Architectural Review, Board
approval on a permit. "They were trying to get their' foot in the door,"
he said, "but they only got a foot, whereas Mr. Medebrie got a foot and
a leg."
Councilman Eyerly said he shared a preference along with Mr. Beahrs
for homeowners rather than rental units. He asked if builders had
expressed any hardship to Mr. Knox about cash flow in not being able
to go to condcsiiniume Mr. Knox replied that the builders had
not talked of cash flow but only that the buildings had been designed
as condominiums to be sold rather than as rental units.
Mr. Medearls, 89 Virginia Lane, Atherton, said he had not optioned
the property, for it had been purchased directly. A long time was
needed to develop a good project, and, he said, had they gone in and
put in a ruse -of -the --mill project they could probably have beaten all
the deadlines. He did not have figures showing differences between
the costs of a condominium as opposed to an apartment complex. He said
the units were being designed us individual units for he was going to
use solar -flat plate collectors and a zoned heating system, and in
an apartment complex he could carry zones completely throughout each
floor, The same held true with the photo -voltaic. He asked that
architect Ken Abler speak on the differences between the design
of a condominium and an apartment project.
Ken Abler, Moyer Associates, Architects, Palo Alto, said they had
worked with Mr. Medearie for about eleven months developing the design
for the proposed condominiums. He said that the basic difference
between apartment and condominium design lay with the amenities,
a quiet structure, which was a detached building for recreational
use, some open space to be shared by all the units and also containing
satins and hot tub. Had they designed for an apartment they would have
designed for twelve units, with considerably less expense planned
for furnishing of fittings such as kitchen and bath cabinetry, bookshelves,
end the like. The solar col? actors would provide 73 percent of
hatwater and baseboard heatin,,:, and the photo -voltaic would provide
from 10 to 15 percent of the s‘ tctrical needs.
Councilman Carey asked when app lication for permit was first made
to the city. Mr. Abler replied that they had filed for Architectural
Review Board approval in late August. ARI had given approval in
October. He said the first official approach to the City had been
to Building Inspection.
Mir. Knox said that the tentative condoeinivaa had been eubeicted on
August 24, 1976, simultaneously to the ABB and the Zoning Administrator
for a variance request. The variance had been denied on September 24,
which had necessitated some change in the plans, and as a result of
that denial the project was reviewed by the ARB and approved with
conditions on October 7. Application for the building permit had
bean made on Noveuber 18, and on November 29 the City Council had
adopted the Comprehensive Plan.
Councilman Carey asked if Kedearis had dropped the variance request
because they had redesigned to conform to existing requirements.
Mr. Knox affirmed that, explaining that the applicant had wanted
a "serm backyard" whereas otherwise a 20 -foot setback is required.
T'be time it took for the redesign, brought the to the ARS later
than they had anticipated.
723
2/14/77
Councilman Carey asked if the applicant had a fairly complete set
of plans to present on the August 24th application. Mr. Knox said
he did not recall.
Mr. Abler said they had a complete ,schematic with fully rendered
elevations and a study model.
Councilman Carey said that as he recalled certain applications had
been excepted when the land use plan had been adopted,. that is,
those plane already in the "pipeline." Mr. Knox said he believed
that the understanding was that anything that was already in
process at the time of the adoption of the Plan could continue
to completion, and that, since the Medearis project was one of them,
they were able to obtain the building permit. The subdivision
application was a separate process, however, and that had not begun.
Councilman Carey said that he was concluding that the application
had been in the worka at the time of the adoption of the Plan and
therefore had been excepted out from foreclosure, and that, had
the moratorium not gone through, the application would not be
before Council were it not for the subdivision map requirement.
He said that a look at the amount of ,eultiple-family housing that
already existed on the block he saw no inconsistency in approving
the request. The only reason the matter was before Council was
the fairly resent ruling on subdivisions which said the developer could
build units and rent them, but could not build units and sell theca.
MOTION PASSED: The motion to refer the matter of reopening the Comprehensive
Plan and changing the zoning of the two corner properties at Lytton and Byron
to the Planning Commission passed on the following vote:
AYES. Carey, Bcahra, Clay, Norton, Witherspoon, Eyerly
NOES: Comstock
ABSENT: Berwaid; Sher
ORAL COMMUNICATIONS
1. Harry Aine, 2 Palo Alto Square, referred to an earlier
agenda item (item 4) and said he wanted to be
on record as being strongly opposed to the requirement
that an offer of dedication be made for a driveway
leaving Page Hill Road which would serve a maximum
of four dwellings, especially when the driveway
had been nerving two of the possible four up to
the present time. He said the wish for privacy is
what led people to live in the foothills, and the 10 -
acre zoning would normally permit that but ax public
road turned the dwelling place into a piece of public
access.: • Re said that though Montebello Ridge Road
vas alleged to be as public zoad there was a gate with
a chain around it at the place where it intersected
with Page Mill Road.
City Attorney Booth said that Montebello Ridge Road
was not dedicated as a public street though the portion
running from the Harrington property to Page Mill Road
had been offered for dedication. Re added that safe
years ago the private owners of the property engaged
in sone litigation which established right to the public
to traverse the road, but, in the opinion of the property -
fawners those rights have been abused and the gate system
was worked out with the concurrence of the City which
has reduced the nee of that road by trespassers, particularly
) 4X.
726
2/14/77
motorcycles. He said that the City owns the portion
at the junction of Montebello Ridge Road and Page Mill
Road Bo that they had full control of it.
Mayor Norton erphained that the motion required that
the developer offer the road, and that the City not
accept it at this time. It will not be a public road
eeo long as those conditions hold.
Mr. Alma said that if it were made a public road the
City would be accepting the offer, so that essentially
it was: dedication.
Mayor Norton replied that it war not the City's present
intention that that would happen.
Mr. Aine continued with another point. Sew months
ago, he eetaid, the Midpeeninsula Regional Park District
started to negotiate with him for acquisition of the
95 -acre percel. Be said the park district had adjoining
acreage on the north and had also just acquired 275
acres which ad j oineed on the waet . The 4400 -odd acres
of Duveneeck property adjoined on the east. Soma people
with the park district reported that they had reason
to believe that they would acquire a good portion of
the Auveeneeck lard adjoining his own 95 -acre parcel.
While the park district had said they no longer wanted
to acquire the 95 acres they had told hire they were
interested it acquiring the right-of-way crossing his
acreage, and they =praised interest in talking to
him about it in the future. He said he was aaconcertsd
to have the proposal regarding dedication of the roadway
come fro the lawyer that represented the park district.
Mayor Morton said that he had been concerned when Mr.
inc! had called him expressing interest in buying the
property from the Midpsnineau1a Regional Park District,
and he recalled that he had told Mr. Aim ha could
not talk to him on that setter.
Mr. Aine said be weds not trying to buy anything. Mayor
Norton refuted that.
Councilman Comstock observed that had not Mayor torten
moved to have the roadway offered in dedication he
himself would have done so.
Councilman Carey concurred with Councilman Comstock:
end added that Mr. Aine wee forgetting the potential
of the property for additional units.
Mayor Norton stated that unless someone on the Council
were to make a motion to reconsider there vase no further
base for discussion.
xIO1 01' !'hMffih U 22 �IVM Ti
MOTION: Councilman Comstock moved, seconded by Witherspoon, that the
meeting of Februarys 22 be cancelled. The notion passed unanimously,
Councilmeembers eerva.ld and Sher absent.
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2/14/77
ADJOURNMENT TO EXECUTIV7, SESSION
The Council adjourned to Executive Session at 12:10 a.m.
A
e
ADJOURNMENT IIi MEMORY OF
FLORRIE
azwurr
MOTION: Councilman Comstock moved, seconded by Witherspoon, that the
meeting be adjourned in memory of Florrie Hewlett.
The motion passed unanimously, Council embers Eerweld and Sher absent.
ATTEST:
6441,444. -
City Cl.er
APPROVE:
728
2/14/77
Corrected
See pg. 771
l ��