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Staff Report 6938
City of Palo Alto (ID # 6938) City Council Staff Report Report Type: Action Items Meeting Date: 10/4/2016 City of Palo Alto Page 1 Summary Title: Council Review of Faircourt Single Story Overlay Title: PUBLIC HEARING: Faircourt #3 and #4 Single Story Overlay (SSO) Rezoning: Request for a Zone Change of the Faircourt #3 and #4 Tracts #1921 and #1816 From R-1 Single Family Residential (8000) to R-1(8000)(S) Single Family Residential With Single Story Overlay (SSO); Environmental Assessment: Exempt From the California Environmental Quality Act per Section 15305; Planning and Transportation Commission Recommended Denial of the SSO Request From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council adopt the attached ordinance (Attachment A) to rezone 44 of the 50 Faircourt Tract #3 and #4 properties from R-1 (8,000) to R-1 (8,000)(S) as shown on Attachment B. Executive Summary The recommended action would institute a single story overlay zone (SSO) on 44 parcels within an area of South Palo Alto along Thornwood, Evergreen, and Talisman Drives, and Ross and Louis Roads. With an SSO, the maximum square footage allowed per parcel would not change, but existing single story houses cannot be replaced or remodeled to include a second story. The staff recommendation results from an application filed by neighborhood residents, and differs from the Planning and Transportation Commission (PTC) recommendation for denial. The original Faircourt SSO rezoning proposal was submitted with a 60% owner support level, or 30 owners of 50 properties within the tract boundary. Only 60% support was needed at the time of application, because the tract is subject to Covenants, Codes and Restrictions (CCR) agreement limiting homes in the tract to one-story construction. There was an erosion of owner support prior to the PTC hearings and owners of six properties along the south side of Talisman Drive submitted a petition to remove their properties from the boundary. As a result, the applicant revised the proposed boundary to create a 44-property SSO district proposal and presented this to the PTC. The applicant also submitted evidence that the property owners City of Palo Alto Page 2 adjacent to the removed properties continue to support the downsized SSO. The PTC subsequently voted to recommend denial of the applicant’s request for an SSO. The applicant submitted evidence of 63.6% support for the smaller 44-property boundary as of August 16, 2016. The draft ordinance (Attachment A) is provided in the event Council chooses to approve the proposal for a 44-property SSO boundary within the Faircourt #3 and #4 Tracts. Background The applicant initially proposed an SSO boundary containing all 50 homes within the Faircourt #3 and #4 Tracts. Owners of six properties on the south side of Talisman submitted a counter- petition to remove the properties from the proposed boundary (Attachment I).1 Upon receipt of this petition, the applicant revised the proposal to a 44-property SSO boundary. The applicant’s original signature petition is provided in Attachment G. Additional supportive signatures received in August and June are provided as Attachments D and E, respectively. The applicants’ proposal for reduction to 44 properties is provided as Attachment H. Planning and Transportation Commission At the time of application for a 50-property boundary, the applicants had met the requirement for evidence reflecting a 60% owner support level for residential tracts subject to single-story construction covenants. At the time the PTC recommended denial of the proposed 44-property boundary, the support level within that reduced boundary was 59%. PTC meeting minutes are provided as Attachment C. April 27, 2016 Hearing The PTC continued the first hearing in order to learn whether Council would provide direction on SSOs during its consideration on May 2, 2016 of the Royal Manor SSO proposal. The April 27, 2016 PTC staff report may be viewed at this link: https://www.cityofpaloalto.org/civicax/filebank/documents/52073. May 25, 2016 Hearing The applicant formally proposed a reduced boundary of 44 homes excluding the six properties on the south side of Talisman Drive. Neighborhood support for the reduced boundary declined to 59% on May 25, 2016, when the PTC recommended denial of the application. . The May 25, 2016 PTC staff report may be viewed at this link: https://www.cityofpaloalto.org/civicax/filebank/documents/52512. The images below show the original 50-property proposal and the 44-property, reduced boundary. The green-shaded properties in the 44-property boundary (below image to the right) reflect the current signatures of SSO-support (as of August 16, 2016) and the pink shaded properties indicate non-support of the SSO. 1 While the Code permits property owners from petitioning to withdraw from an existing SSO, it does not contain a process for pre-SSO formation withdrawal. City of Palo Alto Page 3 Original Application 50 Properties Revised 44-Property Boundary Discussion Staff has forwarded the PTC recommendation for Council consideration. Staff received evidence (two new owner signatures of SSO support) following the PTC’s recommendation; this evidence is provided for Council consideration prior to taking action on the proposal. The applicants ask that Council approve the requested rezoning of 44 properties. The proposed SSO boundary is formed by streets (Louis and Ross Roads, and Talisman Drive) and by the tract boundary that separates the Eichler homes fronting Louis and Evergreen from the non-Eichler homes fronting Aspen Way that are part of a different tract. The owners of property along the north side of Talisman Drive did not object to removal of properties on the south side of Talisman Drive, which are adjacent to non-Eichler, two-story homes in the adjacent tract. In order to approve the 44-property boundary, Council would need to find that the proposed amendment is in the public interest and will promote the public health, safety and welfare in that this rezoning is in accord with the purposes of Title 18 of the Palo Alto Municipal Code, and with the particular, stated purpose “to facilitate the creation of a convenient, attractive and harmonious community,” and will further promote and accomplish the Palo Alto Comprehensive Plan objectives, policies and programs. The attached ordinance contains relevant Comprehensive Plan policies and a goal. Council may wish to discuss whether the current support level (63.6% of properties within the 44-property boundary) is relevant to its consideration at this time. The new owner of 3479 Ross Road submitted a signature in support of the SSO on June 14, 2016. The new owner of 879 Talisman provided a signature in support on August 16, 2016. Council Direction While Council voted not to approve the Royal Manor SSO proposal on May 2, 2016, Council did direct staff to return with a preliminary evaluation of Eichler zoning or guidelines, and potential City of Palo Alto Page 4 code changes for processing and evaluating SSOs. No staff time has yet been dedicated to code changes; however, the August 10, 2016 PTC report regarding the Individual Review Program contains a May 23, 2016 memorandum from the Planning Director discussing the estimated effort to produce Eichler guidelines. The memo is viewable as “Attachment B” within the PTC report, at this link: http://www.cityofpaloalto.org/civicax/filebank/documents/53365. On May 31, 2016, Council provided direction to staff at the ‘committee as a whole’ meeting regarding the City’s work program. The work program indicated a contingency fund could be used for a consultant to prepare Eichler design guidelines. Council then approved use of the contingency fund as of June 13, 2016 and staff is currently negotiating a contract with a consultant to provide the services necessary to develop design guidelines and respond to the Council’s request. The Council may decide to approve or deny the proposed rezoning based on the PTC and staff recommendations. If Council denies the proposal, the applicant could not resubmit a rezoning proposal for the same or similar SSO boundary until a year after May 25, 2017. PTC Recommendation The PTC’s recommendation and concerns are contained within the May 25, 2016 PTC meeting minutes (Attachment C). The second part of the PTC’s motion was a recommendation that Council continue to encourage staff to come back with Eichler design guidelines that could potentially complement the current single family review design process. The maker and seconder of the motion expressed SSO process concerns, which are briefly summarized below: The SSO process is a broken, uncomfortable, and potentially antagonistic process; i.e., compelling neighbors to collect signatures in person from each other. Council should consider a formal, local ballot process instead of a process where neighbors approach neighbors. A notarized signature might encourage people to spend a little bit more time consulting an attorney or other individuals they rely on for advice on matters like this. It is an offensive notion that a two‐story home is a monstrosity that no two‐story home can get built in this City that's not a monstrosity. The current level of SSO support is 59%, which is close but is not 60%. The neighborhood should revive the HOA and resolve these issues via CC&R amendments. Interpretation of signatures of support regarding the reduced boundary is a concern; an owner could wish to shift support, knowing they're not getting any reciprocal protection. Alternative Recommendations If the Council does not wish to approve the SSO rezoning request, Council may choose to: (1) deny the application following the PTC recommendation; there is no requirement for a resolution or record of land use action to deny a rezoning request, City of Palo Alto Page 5 (2) Send the application back to the PTC for re-consideration, or (3) Continue this item to a date uncertain, so that it can be discussed in conjunction with Council’s earlier direction to explore Eichler zoning or design Guidelines. Policy Implications The proposed SSO is supportable as a standard SSO, and is in accordance with Council direction regarding rezoning of properties to SSO without requiring application fees to process the applications. No additional SSO applications have been filed. While the proposed overlay zone would limit future construction to one story in the subject neighborhood, it does not ensure the retention of Eichler-designed homes. New homes would not be evaluated for architectural or neighborhood compatibility or potential privacy impacts, as they would not be subject to the Individual Review process or another discretionary review process. The attached ordinance (Attachment A) cites relevant Comprehensive Plan policies L-4, L-5 and L-12, as well as the goal L-3 for “Safe, attractive residential neighborhoods each with its own distinct character…” which includes verbiage about how Eichler neighborhoods were designed so homes may serve as private enclaves.” Resource Impact Based on recent Council policy, application for a SSO is not subject to any fees. Other than non- cost recovered staff time used to process these applications and budgeted printing/mailing costs, no additional resources were expended. Environmental Review The proposed rezoning is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305 (Class 5: Minor Alterations in Land Use Limitations). Attachments: Attachment A: Faircourt SSO 44-property Ordinance (PDF) Attachment B: SSO_Faircourt_Yes_No_VotingMap_20160822 (PDF) Attachment C: PTC Minutes of April 27 and May 25, 2016 Verbatim Excerpt (PDF) Attachment D: 879 Talisman Signature in Support (PDF) Attachment E: 3479 Ross Road Signature of Support (PDF) Attachment F: Guidelines for SSO circa 2002 (DOC) Attachment G: Original Petition Signatures (PDF) Attachment H: Email from Applicants to Reduce Boundary to 44 Properties (PDF) Attachment I: Late April Talisman Counter-Petition (PDF) NOT YET APPROVED 160919 jb 0131551 1 Ordinance No. ______ Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 (Zoning Map and District Boundaries) of the Palo Alto Municipal Code to change the classification of 44 properties within the Faircourt #3 and #4 tracts (Tracts #1816 and 1921) from R-1(8000) to R-1 (8000)(S) The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. The Planning and Transportation Commission, after duly noticed hearings held April 27 and May 25, 2016, recommended denial of the proposal for a Single Story Overlay for Faircourt #3 and #4 tracts. B. The City Council, after due consideration of this recommendation, finds that the proposed amendment is in the public interest and will promote the public health, safety and welfare in that this rezoning is in accord with the purposes of Title 18 of the Palo Alto Municipal Code, and with the particular, stated purpose “to facilitate the creation of a convenient, attractive and harmonious community,” and will further promote and accomplish the Palo Alto Comprehensive Plan objectives, policies and programs; particularly: o Policy L-4: “Maintain Palo Alto’s varied residential neighborhoods; use the zoning ordinance as a tool to enhance Palo Alto’s desirable qualities.” o Policy L-5: “Maintain the scale and character of the City.” o Goal L-3: “Safe, attractive residential neighborhoods each with its own distinct character…” which includes verbiage about how Eichler neighborhoods were designed so homes may serve as private enclaves. o Policy L-12: “Preserve the character of residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures.” SECTION 2. Section 18.08.040 (Zoning Map and District Boundaries) is hereby amended by changing the zoning of 44 properties within the tracts known as Faircourt #3 and #4, Tracts #1816 and #1921 (the “subject property”), from “R-1” (Single-Family Residence) (8,000)” to “R- 1(8000)(S)” (Single-Family Residential, Single-Story Height Combining). The subject property is shown on the map labeled ‘Exhibit A’ attached hereto and incorporated herein by reference. The properties within the Single Story Overlay boundary include 44 homes within these tracts, addressed as follows: •3479-3519 Ross Road (north side of the street); •North side of Talisman Drive properties (801-879); •Arbutus Drive between Talisman Drive and Thornwood Drive (3502-3532); •Thornwood Drive (821-881); •3500-3580 Louis Road; and •3505 – 3579 Evergreen Drive. Attachment A NOT YET APPROVED 160919 jb 0131551 2 SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline section 15305, Minor Alterations in Land Use Limitations. SECTION 5. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Planning & Community Environment T Christine Drive a l i sman Stone Lane Lupine Avenue Thornwood Drive Talisman Drive Arbutus Avenue Ross Road Louis R Aspen Way Evergreen DriveG r eer Roa d CourtBarron Creek Dry Creek 512 35 1 0 756 767 761 7 5 5 795 787 781 775 762 768 774 780 771 775 779 794 842 839 3475 838 3455 834 830 3441 3427 826 3413 875 827 831 772 752 773 765 757 751 758 766 774 7 777 781 3510 3487 3479 3495 3507 3511 3530 3520 801 3519 3532 804 820 845 835 3521 3515 3527 829 3502 35203516 787 783 784 780 788 3580 3584 774 777 791 756 764 760 3582 3583 821 3508 3640 3646 3646A790 782 3649 3592 3616 3608 3600 3598 3575 840 830 3611 3603 3591 3587 3583 3584 3590 3594 3606 3593 3589 3585 3616 3624 3630 3613 3631 3605 3632 3639 3612 3615 3604 3607 3592 3599 3588 3587 3641 3624 3631 3634 3607 3615 3623 3626 3627 3632 3619 855 868 866 859 871 35513550 3540 3450 846 850 854 858 862 864 829 841 835 3517 3525 3531 3520 3530 3543 3509 3580 3579 3568 3563 3536 3547 3524 3535 3500 3505 881 877 865 863 879 868 856 851 844 838 3580 3539 885 877 3499 3538 3460 3510 853 3465 3405 3415 3425 3435 3445 3455 359 3599 360 3611 3625 3617 3633 3596 3602 3610 3618 880 35 788 776 3412 This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Signed Petition in support of Single Story Overlay (SSO) SSO Applicants Existing Two Story Structure Proposed Single Story Combining District (44 lots/parcels) 0' 200' Support LevelProposed Single StoryCombining DistrictFaircourt Tractrev. 08/22/16 CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto RRivera, 2016-08-22 17:13:16 (\\cc-maps\gis$\gis\admin\Personal\RRivera.mdb) T Christine Drive a l i sman Stone Lane Lupine Avenue Thornwood Drive Talisman Drive Arbutus Avenue Ross Road Louis R Aspen Way Evergreen DriveG r eer Roa d CourtBarron Creek Dry Creek 512 35 1 0 756 767 761 7 5 5 795 787 781 775 762 768 774 780 771 775 779 794 842 839 3475 838 3455 834 830 3441 3427 826 3413 875 827 831 772 752 773 765 757 751 758 766 774 7 777 781 3510 3487 3479 3495 3507 3511 3530 3520 801 3519 3532 804 820 845 835 3521 3515 3527 829 3502 35203516 787 783 784 780 788 3580 3584 774 777 791 756 764 760 3582 3583 821 3508 3640 3646 3646A790 782 3649 3592 3616 3608 3600 3598 3575 840 830 3611 3603 3591 3587 3583 3584 3590 3594 3606 3593 3589 3585 3616 3624 3630 3613 3631 3605 3632 3639 3612 3615 3604 3607 3592 3599 3588 3587 3641 3624 3631 3634 3607 3615 3623 3626 3627 3632 3619 855 868 866 859 871 35513550 3540 3450 846 850 854 858 862 864 829 841 835 3517 3525 3531 3520 3530 3543 3509 3580 3579 3568 3563 3536 3547 3524 3535 3500 3505 881 877 865 863 879 868 856 851 844 838 3580 3539 885 877 3499 3538 3460 3510 853 3465 3405 3415 3425 3435 3445 3455 359 3599 360 3611 3625 3617 3633 3596 3602 3610 3618 880 35 788 776 3412 This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Signed Petition in support of Single Story Overlay (SSO) SSO Applicants Existing Two Story Structure Proposed Single Story Combining District (44 lots/parcels) 0' 200' Support LevelProposed Single StoryCombining DistrictFaircourt Tractrev. 08/22/16 CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto RRivera, 2016-08-22 17:13:16 (\\cc-maps\gis$\gis\admin\Personal\RRivera.mdb) City of Palo Alto Page 1 Planning and Transportation Commission 1 Verbatim Minutes 2 April 27, 2016 3 4 EXCERPT 5 6 Recommendation to the City Council for a Request by Jackie Angelo Geist and Roland Finston 7 on Behalf of 60% of Property Owners of the Faircourt #3 and #4 Tracts #1921 and 1816 for a 8 Zone Change of 50 properties from R‐1 Single Family Residential (8000) to R‐1(8000)(S) Single 9 Family Residential with Single Story Overlay. Environmental Assessment: Exempt from the 10 California Environmental Quality Act per section 15305. 11 12 The proposed zone change reduces the allowed building height for these properties from the 13 current two‐story, 30 feet (33 feet for the flood zone properties) to one‐story limit, 17 feet (20 14 feet for the flood zone properties). The height restrictions apply to new home construction, 15 additions and remodels of existing homes. Existing two‐story homes within the proposed 16 boundary may remain, but any new construction would be subject to the lower height limit. 17 The properties listed below are affected by this change. The 50 properties within the proposed 18 SSO boundary have these addresses, inclusive: 19 20 3479‐3519 Ross Road (north side of the street); 21 801‐879 Talisman Drive between Ross Road and Evergreen Drive; 22 3502‐3532 Arbutus Drive between Talisman Drive and Thornwood Drive; 23 821‐881 Thornwood Drive; 24 3575 Lupine Avenue; 25 3500‐3580 Louis Road (south side of street); and 26 3505 – 3580 Evergreen Drive. 27 28 For more information on the proposed Single Story Overlay, please contact Amy French 29 at amy.french@cityofpaloalto.org. 30 31 Acting Chair Gardias: So welcome back. It’s 8:13. We're reconvening so Planning and 32 Transportation Commission (PTC) is back in session. And so the next topic is recommendation 33 to the City Council for a request by Jackie Angelo Geist and Roland Finston on behalf of 60 34 percent of Property Owners of the Faircourt #3 and #4 Tracts #1921 and 1816 for a zone change 35 of 50 properties from R‐1 Single Family Residential (8000) to R‐1(8000)(S) Single Family 36 Residential with Single Story Overlay (SSO). And we have staff overview of this topic. 37 38 Amy French, Chief Planning Official: Thank you, yes. Amy French, Chief Planning Official. I'm 39 processing the SSOs that have been coming in and on the screen here are the recent, two 40 recently adopted SSOs Los Arboles, 83 homes, and Greer Park North, 72 homes that you were 41 part of that process. The Council last or two weeks ago nearly continued the review of the 42 Royal Manor tract proposal for a SOO until this coming Monday, May 2nd. The Greer Park, 43 Royal Manor, and Faircourt tracks are all in the flood zone and so basically a new flood zone 44 home must have a first finished floor that's higher than the 10.5 above sea level feet. And it 45 City of Palo Alto Page 2 can have a taller maximum height than a standard home in a non‐flood zone. So I’ll show you 1 on this slide that this is the Faircourt #3 and #4. Those are two tracks that form this boundary. 2 Its zone is R‐1 (8000) which means that an 8,000 square foot minimum lot size is required for a 3 new lot in that zone. There are two homes that or properties that are not in the flood zone. 4 The got themselves out of the floods zone and what that means is they can have a basement 5 and they do not get that additional height, maximum that flood zone homes can get. 6 7 The addresses that are affected are on the screen here and in the report. Some folks that 8 received notices which went to a boundary of 600 feet beyond the affected properties in the 9 boundary sometimes people get confused and think it's going to apply to their property, but it 10 is not. Only the homes within this boundary on the screen. 11 12 So we did receive this application in February of this year and again all but two homes are in the 13 flood zone. The tract is bound by Ross and Lewis roads, Baron Creek, and the tract’s southerly 14 edge. So basically the tract defines an identifiable neighborhood development. The application 15 did meet the criteria per our municipal code for an application to come in and be forwarded to 16 the PTC. It's an identifiable tract boundary as the boundary. 90 percent of the homes are one‐17 story. Only 5 homes are two‐story. There was evidence in the application that 60 percent of 18 the property owners signed in support of the SSO. That's 30 of 50 homes and the sixty percent 19 support level was due to the fact that there is a CC&R’s in place for the homes in these tracts 20 limiting construction to one‐story home. 21 22 The lots are moderately sized. The minimum again is 8,000 square feet an area. An 8,000 23 square foot lot would allow a home of 3,150 square feet. There are some larger lots than that 24 and there is a small lot and I'll show this to you. This is actually smaller than 8,000 square feet. 25 This property owner as of last night at 10:30 or so p.m. submitted a request to withdraw 26 support. 27 28 So moving on; any new construction on the 48 homes is as I said ten foot, 10.5 feet above sea 29 level. And I should say 4 of the 5 two‐story homes are Eichlers with second floor additions. 30 There is 1 of those 5 two‐story homes that's a new home, not an Eichler. And that did receive 31 its final inspection at the end of March this year. 32 33 I'm going to show the map here now. The talisman homes here that are subject of the e mail 34 that came last night there’s six of them: one, two, three, four, five, six. This is the home as I 35 mentioned that submitted a reversal of support. This is a two‐story home and several of these 36 homes are near some two‐story homes in this tract. The tract next door is a non Eichler tract. 37 It’s ranch homes and two‐story homes. 38 39 So again, the green is the 60 percent owner support at the type of application. This was true 40 until the close of business yesterday. The email that came last night resulted in a drop of the 41 support to 58 percent. This was forwarded to the PTC this morning. And I understand a 42 representative of the group will speak tonight. I have not seen a card from that representative, 43 but perhaps it was delivered earlier in the evening. 44 45 City of Palo Alto Page 3 Just briefly the purpose and eligibility here again on the screen, the code does not require staff 1 to do a survey of owner support. It comes in from an applicant that’s an owner in the 2 neighborhood. The signature page that came in indicating the support or evidence of support 3 noted 2002 SSO guidelines. I have copies of these. Those predated the 2005 zoning code 4 change. And the 2005 zoning code change set the percentages at 60 percent and 70 percent. 5 Whereas the guidelines talked about overwhelming support and didn't have a percentage. The 6 guidelines also talked about moderate lot sizes whereas the code of 2005 doesn't talk about 7 moderate lot sizes as a requirement. 8 9 Let’s see, then we've covered this before, but for the benefit of those in the audience that 10 haven't heard this there are limitations once a SSO is designated and that means that existing 11 two‐story homes or homes above the 17 feet, 20 feet become non‐complying facilities and 12 there are rules about what you can do with non‐complying facilities. And then any new two‐13 story home can't be constructed and any one‐story home cannot exceed that height limit of17 14 to 20 feet. 15 16 What their rezoning doesn't do, it doesn't require Eichler design compatibility. There are no 17 design guidelines for single story homes in the City. It doesn't ensure that privacy is protected 18 and it doesn't require any discretionary review or notice to the neighborhood if it a one‐story 19 home is proposed. 20 21 Just briefly the applicants did coordinate with some other SSO leaders that have been coming 22 through the process and did gather signatures back in the fall of last year. And then staff 23 posted this on our website Buildingeye and we mailed notices. The notices we took care to tell 24 folks about the website where we have information about this particular SSO and SSOs in 25 general, frequently asked questions (FAQ). We did correspond with a couple of concerned 26 owners before the application came in and after and then recently this email from last night. 27 That concludes staff's presentation. And I should just say one thing is that as in previous we've 28 mentioned that the PTC can adopt the entire or can recommend that Council adopt the entire 29 boundary as proposed or a reduced boundary of less than 50 homes and that would not require 30 noticing. If the PTC feels that the boundary should be larger that would require re‐noticing of 31 this hearing. Thank you. 32 33 Acting Chair Gardias: Thank you, Ms. French, for the presentation. So with this we have nine 34 speaker cards and we going to open the floor to the public and with the same ask as we had 35 before we would like to given the time and number of speakers we would like to limit speakers’ 36 time to three minutes. 37 38 Acting Vice‐Chair Waldfogel: Great, thank you. I’d like to start with the applicant, Jackie Angelo 39 Geist, and followed by Joe Geist. 40 41 Jackie Angelo Geist: This is the place? Ok. Hello to members of the PTC. I'm Jackie Angelo 42 Geist and I live in, on Evergreen Drive in the Faircourt subdivision. I don't feel it’s necessary to 43 represent his agenda item because it's been done by Amy French. Basically we’re asking for a 44 SSO in our stable neighborhood ownership, stable ownership. There's not a lot of buying and 45 selling going on in our in our tract so we're asking for a SSO for the 50 properties in our tract. 46 City of Palo Alto Page 4 1 I've been involved with informing my neighbors and getting signatures for our SSO petition. 2 Property owners were given materials to read before we personally contacted each household. 3 There was no pressure on anyone to sign. If one partner of the couple comprising home 4 ownership was against the petition and we do have people like that we accepted that as a no. 5 No friendships were threatened. Obviously we achieved the required percentage of the owners 6 rather peacefully. 7 8 Property values will not be adversely affected by our SSO. If anything they will be raised. 9 Green Meadow, one of the most desired Eichler neighborhood in Palo Alto has had the SSO for 10 many years. The most expensive and well‐kept Eichler homes seem to be in Green Meadow. 11 Families have added square footage to their houses to increase their living area without 12 changing the footprint of the house or adding a second story and that works. That said, I speak 13 for the SSO on the grounds of preserving our neighborhood as it was intended and to keep it 14 aesthetically uniform. Eichler’s design offering indoor/outdoor living continues to be desired. 15 Letting the residents enjoy our California lifestyle without exposing ourselves to neighbors next 16 door or behind us. We chose our Eichler for its design; floor to ceiling windows and naturally 17 lighted rooms with surrounding landscapes bringing nature in. Let's keep Faircourt as designed 18 adhering to the original CC&R recorded as part of our deeds in the office of the Santa Clara 19 County Recorder. Thank you. 20 21 Acting Vice‐Chair Waldfogel: Thank you very much. Joe Geist followed by Alexander Cooper. 22 23 Joe Geist: Good evening. My name is Joe Geist. My residence is 3547 Evergreen. I'm relatively 24 new to the neighborhood. I've only been there 20 years. I'm very much in favor of the SSO. 25 The original CC&R’s restricted development to single story homes. I really don't see the 26 problem. While I respect the fact that some homes may disagree we do have the consent of 27 the majority of the homes in the two, in the two tract to petition for the adapt, for the adaption 28 of SSO. I asked the Planning Commission to enforce the original intent and restriction of the 29 CC&R’s and to recommend approval to the City Council for the acceptance of our plan. Thank 30 you. 31 32 Acting Vice‐Chair Waldfogel: Thank you very much. Alexander Cooper and then Harold 33 Poskanzer. 34 35 Alexander Cooper: Good evening. I’m Alexander Cooper representing my family. We live at 36 877 Thornwood Drive. So by math, my count we are the second most recent people to move 37 into the neighborhood having moved in last year, but we flipped in the Bay Area, Palo 38 Alto/Mountain View area for many years. Myself since ’94. We chose our house on 39 Thornwood Drive in large part because of the architecture because of the neighborhood. We 40 like the Eichler style, we like the light, the natural light, we like having the yard. And looking at 41 all of the new houses get built around Palo Alto so many of those are two‐story houses and 42 bringing more of those into the neighborhood would just dramatically change the feel of the 43 neighborhood which and like as I said that's one of the reasons we chose there. Having big 44 two‐story houses will shade the yard, shade the windows, potentially it’d impact privacy 45 depending on the location. We like to have a vegetable garden, we have some trees, things like 46 City of Palo Alto Page 5 that that really benefit a lot from sunlight. So having a sort of a canyon of tall houses next to us 1 would really change what we can do in a house. It would definitely change the character of the 2 neighborhood. 3 4 We can't easily move. We bought into this house. We plan to be here for a long time so we’d 5 really like the neighborhood to stay the way it was when we chose it. So I hope you will vote in 6 favor of this proposal. Thank you. 7 8 Acting Vice‐Chair Waldfogel: Sorry, pushed the wrong button. Thank you. Harold Poskanzer 9 and then Jerry Huck. 10 11 Harold Poskanzer: Good evening. My name is Harold Poskanzer. I live on Thornwood Drive. 12 My wife and I are here tonight to voice our support for the overlay. The issue for us is primarily 13 one of privacy. When we bought our house 16 years ago the outside space was just as 14 important to us as the inside space and a major factor in the outside space was its privacy. We 15 spend a lot of time back there. We put a hot tub back there. And frankly the thought of a two‐16 story house looming over us as we try to soak is rather upsetting for people who love Eichlers 17 like us and people who love the Eichler lifestyle. The two‐story houses in the neighborhood 18 would really diminish the value of our lifestyle and diminish the value of property we feel. 19 Thank you very much for time. 20 21 Acting Vice‐Chair Waldfogel: Thank you. Jerry Huck and then Monique Lombardelli. 22 23 Jerry Huck: Hello, I'm here tonight to speak in support of the proposal to limit the second story 24 additions in our neighborhood. I've been a resident here for 26 years so I'm kind of in the 25 middle of raising two children with my wife. My primary reason to support this proposal is to 26 address the building of homes that are too large and invasive for the neighborhood of historic 27 open plan Eichlers. The citywide zoning rules for daylight plane setbacks, multiple stories, 28 window placements, they're not appropriate for our neighborhood. The initial homes as 29 indicated before have CC&R’s is to limit this kind of thing and remodels to indicating that there 30 were expectations by the original owners and the builders to keep it a smaller community. Our 31 neighborhood several, in our neighborhood several of the homes are four to five bedrooms so 32 they have adequate spaces. They can grow into the lots a little bit without the need to build a 33 buildup. 34 35 There are areas in the City with larger lots and more traditional home designs for those looking 36 for what I would call oversized homes. The supporters of these plans are not all old and some 37 of the most are active preservationists in our society, young professionals. And mid‐century 38 modern homes are really highly sought over by Millennials and other buyers. 39 40 And I just realized from the earlier speaker my apricot tree would be in danger if my neighbor 41 builds up. So I'm going to lose an awful lot of fruit in the, in the weather. So let's preserve 42 what little is left of a welcoming neighborhood in Palo Alto. Let's preserve the historic 43 character of our Eichler tract. And let us keep our ability to look out our windows to see our 44 gardens, the trees, the light, an open sky and move this proposal forward. 45 46 City of Palo Alto Page 6 Acting Vice‐Chair Waldfogel: Thank you. Monique Lombardelli and then Mark Delman. 1 2 Monique Lombardelli: Hello, thank you so much for letting me speak. My name is Monique 3 Lombardelli and I represent the younger generation of Eichler enthusiasts fighting for 4 preservation. I produced a documentary film about Eichler and I saw the huge demand for 5 them nationwide. Every day people call me and ask for an original Eichler. They want to live in 6 one. 7 8 After working as a broker specializing Eichlers I have proven data supporting that original 9 Eichlers far exceed altered, remodeled, or second story Eichlers in terms of price per square 10 foot. The demand for Eichler and original iconic design has never been stronger and the supply 11 is incredibly low. My goal is to help save these works of art and I hope current owners see the 12 gold that they are sitting on. 13 14 I purchased the rights to original floor plans of Eichlers to increase supply. And while I have 15 plans with that second story Eichlers done by one of my Eichler’s architects named Claude 16 Oakland after hundreds of inquiries not one buyer has asked about second story plans and 17 none of them have been purchased. 18 19 People want original single story Eichlers and will pay a premium for them. You can see this 20 evidence in the national press. They want to be a part of this very special community and this 21 amazing culture and the spirit that is here. I am asking to please protect this for future 22 generations and also for people that love them and want to preserve this special part of Palo 23 Alto. Palo Alto is home to the Eichler with more Eichlers here than anywhere in the world with 24 2,700 built here. We ask that you preserve them and this to us is what really makes Palo A 25 special. So we thank you. 26 27 Acting Vice‐Chair Waldfogel: Thank you. Mark Delman and then Frank Viggiano. 28 29 Mark Delman: Hello, my name is Mark Delman. I live at 829 Thornwood Drive and I oppose the 30 Motion both on principle and because of the specific nature of what's written in there. Twelve 31 years ago when my wife and I moved here we had an intention of building a second story and I 32 would like to keep that as a right as a homeowner. It is a right that other people in our 33 neighborhood have already exercised and it is a right that other people in Palo Alto and whole 34 sections of Palo Alto have done. 35 36 A second story is not some kind of unusual thing. It's a reasonable thing for a homeowner to 37 want and I would like to preserve that right as a homeowner as I had it before. And I as, as a 38 buyer from me at some point will want as well. 39 40 In addition to the principle of it, the specific of the proposal is simply too draconian. 41 Individuals, properties are not all the same. They are individual. And by placing a blanket rule 42 that no house can have a second story it really limits the rights of individuals who will not 43 infringe on the rights of others. In my particular case the way the house is situated abutting a 44 creek to the back and because of the way the sun rises in the east and sets in the west there 45 will be, I could build a second story on my house and not cast a shadow on anyone, but my own 46 City of Palo Alto Page 7 backyard and potentially into the creek behind me. In addition it assumes that all second 1 stories are the full length of the building. That’s not necessarily the case and as a matter of fact 2 a number of years ago my wife and I contemplated and actually had an architect design a 3 second story feature, but it was not over the entire first story. So again, the proposal doesn’t 4 allow for those thigns nor does it… so basically we have a Planning Commission that looks at 5 things when people decide they want to do a renovation and if there’s some kind of 6 unreasonable intrusion that is looked into at that time. And so I would say both on the 7 principle of preserving the right to have a second story and on the specific of this being simply 8 too blanket I oppose this measure. Thank you. 9 10 Acting Vice‐Chair Waldfogel: Thank you. Frank Viggiano and then Richard Willits. 11 12 Frank Viggiano: Hi, yes. So I’m here kind of on a narrow focus of the layout of the actual zone. 13 So and I think Amy alluded to this that we, we sent an email yesterday and I contacted her 14 earlier about this also. But basically they cut off of the zone is not on street boundaries. So 15 we're just basically the first house on our block. We're on a block with a variety of different 16 single and two‐story homes. So in ours, in our case it would just be basically a restriction on us 17 that would do us no benefit at all. And it says it's the side setbacks. It's actually our rear that 18 faces the other houses; the side of their house, but the rear of our house. And I think four out 19 of the six houses there are in that case. 20 21 And let's see so I think whether it's legal or not I don't know, but I think at least on the issue of 22 fairness to say that you can’t put a second story and the person right next to you can doesn't 23 really make sense to me. I don't know how that, that would play out. And as far as preserving 24 the look actually the previous owners of our house made it unrecognizable as an Eichler already 25 even though it doesn't have a second story. It has a peaked roof and they changed the siding. 26 It no longer has Eichler siding on it and got rid of some of the overhangs. So you know they're 27 again looking at the houses individually you're probably going to find that it's not always a case 28 of preserving Eichler looks. 29 30 And so I basically my, my point is I think the boundaries for an SSO should be on a street or a 31 creek or some recognizable boundary like that rather than just taking the first house on a block 32 and the rest of the block not included in it. We have, so not surprisingly we have five of the six 33 who are in this situation are opposing and so we would ask that at least we would be removed 34 from the SSO. Thanks. 35 36 Acting Vice‐Chair Waldfogel: Thank you. Richard Willits and you'll be the last one. 37 38 Richard Willits: Good evening, Commissioners. Thank you for taking up this topic tonight. My 39 name is Richard Willits. I'm in the Royal Manor which is the next plot over, pardon me. And I 40 want to just take a couple of words about the process as you've seen a number of these SSO’s 41 going through. I want to commend staff on the change to putting the FAQs on a website since 42 they are pretty much standard piece of information. It's made this process simpler. I also want 43 to commend the applicants and their neighbors on a convivial way of going about doing it 44 including the way everyone is speaking tonight. There are specific issues that you all can 45 address, but I think that overall this process has been done. 46 City of Palo Alto Page 8 1 I'm speaking in support of this particular SSO. One thing that's interesting to note about it is 2 again there's only one house in the tract that's not an Eichler. So even though an SSO doesn't 3 particularly preserve the look it will preserve this as an Eichler neighborhood and I think that's 4 important. 5 6 And finally one other thing we often hear in these discussions is people saying well we're in the 7 flood zone so we can't have a basement. I just want to note and put in people's minds that 8 Eichlers are built on a slab. So it's very difficult to bust through that and build a basement in 9 the first place, but also if a basement were put on the two houses that are not in the flood zone 10 here the water tables about five feet down. So you probably wouldn't have very good results in 11 that anyway. I just wanted to let, to note that. Thank you for considering this issue and I hope 12 you will pass this on and recommend it to Council. 13 14 Acting Vice‐Chair Waldfogel: Thank you. 15 16 Acting Chair Gardias: Thank you very much all the speakers. This concludes our public hearing 17 and with this let’s open this for the floor discussion to, to the PTC. If so I'd be waiting for my 18 colleagues lights and before I just, I see the first one so I'm going to ask staff this question, just 19 kick it off. 20 21 So this is, this is the second time that we see the withdrawal of the of the support. And the 22 prior overlay was the indicator where pretty much the support dropped from 70 to 64 at the 23 last Council meeting. Now we're seeing that with this much smaller neighborhood there was a 24 withdrawal of one of the supports on 804 Talisman I believe, which reduces this to below 60. 25 So question to Ms. French: what are we doing wrong in the process that this is happening and 26 how can we prevent this since here specifically this, this application was submitted at the exact 27 60 percent initially. There was not 60.8, was exactly sixty percent so, so could you just shed 28 some light what is happening, why does this being withdrawn, what's so wrong with the 29 process if anything? Thank you. 30 31 Ms. French: Ok is the first question why did the owner at the corner of Ross road and Talisman 32 withdraw the signature when the first time the signatures were obtained it was both the 33 husband and the wife signing in support. You know and as of last night the husband withdrew 34 his signature. I don't know the story because I wasn't there. This is something that came via 35 email and I don't know any more than that. I haven't looked into it. So I can't really answer 36 that. There was a withdrawal. It was sent to me. I forwarded it to you and we’re talking about 37 it now. 38 39 The second question, what are we doing wrong? I don't know. We are doing what the code 40 tells us to do. The code tells us to review an application when it comes in, which I did. I verified 41 that these are the properties, there's only one signature per property as it says in the code, 42 they met the 60 percent. Because they met the 60 percent that enabled us to bring it to the 43 PTC. What are we doing wrong? The code says the tract boundary is, is among one of the 44 choices to, to call out what's an identifiable neighborhood. The entire tract was brought 45 City of Palo Alto Page 9 forward. It meets the standard for what the boundary would, could be. And so that met that 1 standard I brought it forward to you. So I don't think we did anything wrong there. 2 3 I think what the applicant went out with to get the signatures I don't see that there was a, what 4 was given to them it stated that there was a handout, this Attachment A about the single story 5 guidelines. Because I didn't see a big FAQ as I had seen in prior applications I took the time to 6 generate a whole summary FAQ’s. I uploaded that to the website and I called that out on the 7 cards that went out to the to the property owners and surrounding properties so that people 8 could go and do, find out what they need to know off the City's website as an objective way to 9 learn about what this whole process meant. So I don't know if I’ve answered your question, but 10 I think we've done the job that we are required to do and whether I went beyond that job to set 11 up a web pages and provide additional information. I'm very quick to respond to anybody that 12 sends correspondence to me. My name is out there. My email is out there and anyone can 13 come in and meet with me. I’m available. 14 15 Acting Chair Gardias: Yes, thank you. I mean this was not the personal question to you, right? 16 This was about our process and just getting this story behind Royal Manor. I'm just afraid that 17 once this is going to get to Council there could be another change of mind and then pretty 18 much erosion of the support. So which will farther complicate the process. So hopefully this is 19 not going to happen this time, but I think it's a good lesson which we should just take a look at 20 farther, right? Because these things are changing it means that either there’s public doesn't 21 realize the true consequence of their vote. Maybe does they, they don't understand or maybe 22 there are some other powers. So that's just you know for our consideration. Thank you very 23 much. Commissioner Downing please. 24 MOTION #1 25 26 Commissioner Downing: So in light of the fact that we did have an irregularity in the previous 27 SSO process where people removed their votes and we have not heard from Council how they 28 want to treat such vote removals and given that we also haven't heard from Council any 29 response with regard to the issues raised by the petition process and whether or not people are 30 actually getting proper notice and understanding what it is that they're consenting to given that 31 Council has not responded to those concerns, that that item is continued on the Council 32 schedule I would like to put a Motion on the floor that we also continue this particular item 33 until we get more guidance from Council on how they want to approach these particular issues 34 and we get confirmation that they really are comfortable with this process and want to keep, 35 want us to keep using it. And I'm really not sure that that's there right now based on the 36 comments that we got from Council, the preliminary comments and questions that we heard 37 last time. It's a Motion. 38 39 SECOND 40 41 Acting Chair Gardias: So we have a Motion on the floor. So I think it's clear, right? Are there 42 any other… So please. 43 44 Commissioner Alcheck: Yes. I'm a little I'm confused at how we’re supposed to evaluate the 45 sort of changing support to be perfectly honest. And so I don't know that… the last minute 46 City of Palo Alto Page 10 changes are reflected in what we read before, right? They’re not, we don't have those counts. 1 I think that's problematic and so I don't… I don't know, I'm, look I don't know if it's I've reached 2 my limit with these SSO’s, but you know I'll just say this. I love the idea of homeowners, 3 brokers, redevelopers preserving the architectural elements of these Eichlers. But I'm really 4 struggling with this inclination or obsession with forcing other people to live your property 5 dreams on their property. And I would if we were going to make recommendations tonight and 6 I am sort of hoping we can I don't even know if there's support for this, but if we were going to 7 make recommendations tonight I would have proposed that recommending that they do not 8 approve this SSO. And I just think this minority or growing minority I can't buy, I can't 9 participate. I can't support a process that we're diminishing their rights so significantly. 10 11 And I’ll just say this that I don't know if this is because I'm a Commissioner or if you guys have 12 experienced this, but since these became more popular I’ve had with increasing frequency con 13 conversations with brokers about like the ambiguity, like should prospective home buyers be 14 petitioning neighbors on the street to determine whether there's any there's too many single 15 story homes on the street, should they be asking their neighbors if they would support a 16 process like this before making an offer on a home? This ambiguity I think has a chilling effect 17 on the market that I think needs to be sort of evaluated. 18 19 And I'll just say this because I don't know if we're going to talk more about it, but if my 20 recommendation sort of stands in the way of your dreams I would encourage you to pursue a 21 private process. Engage with your neighbor about restrictive covenants. There is a process in 22 California by which one property owner can promise not to do something on their land in 23 exchange for the same promise or a different promise from their neighbor. And there is a legal 24 process by which they have to do a number of things including recording it that can create this 25 dream for you, but if this Motion doesn't pass. Because and this could be the all I say on this 26 topic; if this Motion doesn't pass and we continue to debate this and there is a process for 27 recommending this SSO I would simply say that I, I think we need to have a revalued process. 28 29 Acting Chair Gardias: Very good. So we have a Motion with, with the second. Any amendments 30 or… yes. 31 32 Jonathan Lait, Assistant Director: So, thank you Chair. So I just wanted to offer another 33 perspective that I think it is clear that these applications have created some… I mean I've 34 highlighted a challenge with our code and I think we all recognize that the existing process is 35 not ideal and that there are there is room for improvement and we've identified that in our 36 staff report to the City Council with the Royal Manor item that is pending currently before the 37 Council. I think that perhaps the Council also has some perspective on some changes that could 38 be made to the process and I would not be surprised if we received some of that guidance on 39 May 2nd. Even if we receive that guidance we're talking about an ordinance change and that's 40 going to take months to effectuate. 41 42 And so I'm concerned that you've got a pending application that is before you that did meet the 43 submittal standards that were in place with the 60 percent requirement in the two stories and 44 the other criteria. And so they have met the standard for filing the application that's before 45 you for review. And on the, on Attachment A you have a record of land use, a draft record of 46 City of Palo Alto Page 11 land use action that sets forth the finding that is what we're looking at. And I think that while 1 there was perhaps some frustration on the Commission and even amongst staff I would say 2 about the process this is the process and rather than delay this particular application pending a 3 possible resolution of some direction that we may get on May 2nd I think it just this project 4 ultimately has to end up before the City Council anyways. I think that the Council probably 5 could consider any thoughts or observations they have on May 2nd and apply that to this project 6 when it's before them. So I would encourage that the Planning Commission consider the merits 7 of the application and forward a recommendation whether to approve, reduce the boundary or 8 deny the application as opposed to a continuance. Thank you. 9 10 Commissioner Alcheck: Ok, just a point of clarification. I hold your advice in high esteem. I 11 don't know that I agree though with that statement that this application currently has 60 12 percent support. And I find that really problematic and I would if we move forward tonight and 13 I deny the application the suggestion would be that we denied it despite the fact that it has 60 14 percent, which I don’t think is accurate. I think this application doesn't even succeed to meet 15 the requirements to be currently reviewed by this Commission in which case I guess my point is 16 this continuance is to centrally reevaluate whether this should even be here (interrupted) 17 18 Mr. Lait: Ok. 19 20 Commissioner Alcheck: And it's not 60 percent if it's 59.9. What are we doing? 21 22 Mr. Lait: So (interrupted) 23 24 Commissioner Alcheck: How did this, how is this process actually legitimate if it's not 60 percent 25 which is (interrupted) 26 27 Mr. Lait: I can answer that for you. So at the time of the application submittal (interrupted) 28 29 Commissioner Alcheck: Ok, I understand at the time of application submittal, but my point is 30 that this is a local, this we’re at the, we are the, this is the grassroots of government. And so in 31 my opinion any decision made that ignores a buzzer beating email is completely like conflicting 32 with this… we're not supposed to be responsive only to people who are who communicated to 33 us. We’re supposed to communicate, we're supposed to be responsive to everything that 34 happened before this meeting. And my point is, is that if we want to ignore that because on a 35 technicality that seems to me like an illegitimate reason. We have information that there is less 36 support that changes the numbers in a dramatic way and I just think you can’t ignore that. 37 38 Mr. Lait: So if I could respond to that? 39 40 Acting Chair Gardias: Yes, please. 41 42 Mr. Lait: So thank you for your comments. I again, I think this highlights some of the 43 shortcomings of the ordinance the way it's currently written. But it's also I think important for 44 us to we do not interpret this that at the time of recommendation by the Commission or even 45 at time of action by the City Council that the 60 percent in this case because of the CC&R’s 46 City of Palo Alto Page 12 threshold has to be met. The count this is a legislative action and in fact the City Council could 1 choose to establish a SSO with less than 60 percent or with the other project with less than 70 2 percent. So this isn't the 60 percent or 70 percent threshold isn't a standard by which to 3 evaluate an SSO at that moment in time before the Commission or the Council. It is the 4 threshold for which to file an application and that threshold was met. And so at this point 5 despite the fact that support seems to have dropped below 60 percent at least on the proposed 6 boundaries it's still a valid application for consideration before this body. Now the Commission 7 may decide that a realignment of the boundaries is appropriate and that may be perfectly 8 appropriate, but I think that's part of the dialogue that should take place. 9 10 Acting Chair Gardias: So just a moment because we have a Motion on the floor and our 11 procedure is pretty much just call for the Motion. And I totally understand the discussion here 12 and although as the Acting Chair I should be just asking this body just to, to hold off this 13 Motion. I want to apologize for just, just departing from this procedure because I would like to 14 voice my displeasure that pretty much we’re on the one hand we're just facing imperfect 15 process or pretty much we're not meeting the threshold that we established. On the on the 16 other hand we are also not meeting of our criteria giving the issue full consideration and just 17 moving to the, to the resolution which may be proper at the end of the discussion. So with this 18 I would like to just add this comment to the discussion. So if we have… Yes, if there is comment 19 from if there was a need from Commissioner Downing, please. 20 21 Commissioner Downing: I've been requested to restate the Motion. The Motion is that we 22 continue this item until after Council has reached final resolution on the Royal Manor SSO and 23 the issues that that raised. That’s the Motion. 24 25 Man off microphone: Could you state that again louder? I don’t think any of us could 26 understand what the Motion is. 27 28 Commissioner Downing: My apologies. The Motion is that we continue this item until fine, until 29 Council gives a final resolution with respect to the Royal Manor SSO and the procedural issues 30 that were raised by that SSO which are quite similar to the ones raised here. 31 32 Acting Chair Gardias: So do we have a… is there a problem with microphone? Please repeat 33 this. 34 35 Commissioner Downing: Ok to repeat this again, the Motion is that we continue this item until 36 the Council comes to a final resolution on the Royal Manor SSO because the issues the 37 procedural issues that that SSO raised are very similar to these. And if Council decides to make 38 a change with regard to the process or they make an interpretation of that process then that's 39 what should be applicable here as well. 40 41 Acting Chair Gardias: Thank you. Do we have a second? 42 43 Commissioner Alcheck: Second. 44 45 Man off microphone: Is it possible for a co‐applicant to speak (interrupted) 46 City of Palo Alto Page 13 1 Acting Chair Gardias: Sorry, sir. I mean this is, I mean thank you very much for the question, but 2 at this moment PTC is presiding and that's discussion that we are allowed to have. So we had 3 our public hearing and now is the time for the Commission to, to deliberate. 4 5 Man off microphone: I thought I read on the sign that there was the possibility of co‐applicants 6 to respond. 7 8 Acting Chair Gardias: Sorry, but not at this time. 9 10 Mr. Lait: So (interrupted) 11 12 VOTE 13 14 Acting Chair Gardias: But we understand the point that you're making. So thank you very much 15 for raising this up, but we would like to proceed with our discussion. So we have again so we 16 have a Motion that was stated by Commissioner Downing, seconded by Commissioner Alcheck. 17 Can we vote? So all of those in support please raise your hand. All against? Sustaining? 18 Abstaining, I'm sorry, abstaining. So there are three for, two abstaining. So Motion passed. 19 20 MOTION PASSED (3‐0‐2‐2, Commissioners Rosenblum, Downing and Alcheck for; 21 Commissioners Waldfogel and Gardias abstaining) 22 23 Mr. Lait: So those three, three to continue… 24 25 Acting Chair Gardias: So the Motion is that pretty much we will continue (interrupted) 26 27 Mr. Lait: Review…. 28 29 Acting Chair Gardias: Waiting Council, the Council, City Council guidance on the SSO procedures 30 and then once this is provided to PTC we will pick up this item again. 31 32 Mr. Lait: Ok thank you. Thank you Acting Chair. So we have the vote recorded. We understand 33 what the Commission's actions were. I just wanted to before we move on to the next item and 34 there's not an opportunity to reconsider the vote I want to just make clear that the Royal 35 Manor item that is before the Council there is no procedural inquiry as to that may get 36 resolved. What is before the City Council is a request for a SSO. Now the Commission had a 37 long debate about the vote being the reversals. That question may not even get answered at 38 the City Council. They may simply vote on the SSO and all these questions that we've had may 39 not get answered. And if they don't get answered you're in no better shape than you are right 40 now if we're considering the project. So if there is this expectation that there's going to be this 41 complete clarity at the end of May 2nd, I don't know that that will be there. And if that informs 42 anybody on the dais and procedurally you can’t and if you think that a reconsideration is 43 warranted I just wanted to make sure that that was out there for your options before you take 44 up your next item. 45 46 City of Palo Alto Page 14 Acting Chair Gardias: Thank you very much. Commissioner Alcheck. 1 2 Commissioner Alcheck: Look I don't disagree with you. I think that we have no idea what the 3 result will be of that meeting, but I do know that the issues are very similar and if they choose 4 to ignore them or not address them then that in and of itself is guidance. That means that we 5 can ignore them or we cannot ignore them, but it is some form of guidance. If they determine 6 that reversals are so relevant to their review that it, that it stops that process and they choose 7 not to approve the SSO and they say to the applicants you know what go back address this 8 change in the makeup of your support and then we'll review it then I suggest that we would do 9 the same thing. I don't know that we want to move something up that has caused them… I've 10 made it, in my opinion from what I've been able to observe has created a challenge for them to 11 sort of complete the process. 12 13 So again, I'm not suggesting we don't take up this issue. I'm just suggesting that let's see what 14 happens with them because I'm not sure that you believe that there is a process right now by 15 which we could direct staff to go and reevaluate this application as a result of the reversals. I 16 think that from your perspective that would be a recommendation made to Council. And I'm 17 wondering if Council does that or if Council makes a decision similar to that at the next meeting 18 then maybe that will, maybe that will be the result of this application as well without even our 19 involvement. It may make our meeting void. Moot. So there are really similar issues and I 20 don't like the idea of being redundant. 21 22 Acting Chair Gardias: Thank you. Commissioner Rosenblum. 23 24 Commissioner Rosenblum: Yeah, I was troubled in earlier hearings about some of the process 25 issues because I do think that this is a fairly dramatic action in the sense that if you can impose 26 your will on your neighbor who may resist this that feels like a pretty big step to take. And so 27 the threshold coming in at exactly 60 percent as this one did, did run this danger of withdrawals 28 especially because an earlier similar proposal had that problem with withdrawals. So coming in 29 exactly at the threshold level I think is the cause of some this consternation. If it was well 30 above the threshold I think this would be a much easier thing. As it is even if you follow 31 completely the rules as a buy that in the at the minute of submission they were in compliance, 32 in the minute after submission they were not. I think we'd still be troubled because of this 33 razor thin margin they came in on something that is a frankly if you're in the minority in this 34 case it's a fairly dramatic effect on your rights. 35 36 And therefore I support the Motion which is this is serious, let's take it seriously. They, I think 37 that the applicants ran this risk when they came in at the minimum threshold and especially 38 given that this is currently under way with another very similar issue. So that for that reason I 39 recognize the staff direction and pushback, but I think again these residents will have their 40 chance again with more clarity. And my personal view I'm very sympathetic to this. I do agree 41 Eichler is a it's a gem. It's something that has historic and artistic significance and there's 42 certain lifestyle with it. I just want make sure we do this properly and we don't regret later that 43 a minority were put through a process that was unclear. And I think we're almost there, but 44 again I recognize the danger that you brought up. 45 46 City of Palo Alto Page 15 Acting Chair Gardias: Commissioner Waldfogel. 1 2 Acting Vice‐Chair Waldfogel: Yeah, just a request. I mean I agree with many of the comments 3 made and I also am inclined to support this application when we straighten out how we count 4 the votes. But something that I would like to hear more about if and when we hear this again is 5 the status of the CC&R’s in this district. Because there's an existing one‐story CC&R. It seems 6 that the Homeowners Association (HOA) is dormant. I’d like to know whether the same goal 7 can be achieved by just reactivating the HOA or whether we need to do this through a 8 legislative process. Because I think Commissioner Alcheck raises a point that it's possible to do 9 this non‐legislatively. It appears that that's already incorporated in the deed and yet I don't 10 understand why that's not enforceable? Why two‐story development has happened in spite of 11 that CC&R. So something I would really like to understand the status of that. I don't know who 12 can explain that, whether that's in the purview of the City Attorney's Office or that's something 13 that the applicant should do for us. But I am inclined to support it because there is a CC&R, but 14 like to know why the CC&R is being ignored. 15 16 Acting Chair Gardias: Thank you. 17 18 Mr. Lait: Thank you Commission for your comments on that. On my redress I guess. If it's, if it's 19 ok with the Commission can we at least continue to matter to a date certain, May 11th? There's 20 two items on the agenda. That will be after the City Council's discussion on May 2. That will 21 save us the additional noticing cost and give the folks in the audience a sense for when this will 22 be returning to the Commission. 23 24 Acting Chair Gardias: I think it would be perfect right and in meantime we have if this would be 25 brought to the Council by then? 26 27 Mr. Lait: The Royal Manor one is going on May, Royal Manor SSO is going on May 2. And then 28 we would request that this item be continued to May 11th, back before the Planning 29 Commission. 30 31 Acting Chair Gardias: What about the Council’s direction on the not meeting the threshold? 32 33 Mr. Lait: Yeah we will, we will have learned about the Royal Manor conversation on May 2nd. 34 35 Acting Chair Gardias: Very good. And we're going to have Commissioner Alcheck hopefully 36 presenting to the, to the City Council (interrupted) 37 38 Mr. Lait: At least hearing because I think you had already presented at the last meeting. 39 40 Acting Chair Gardias: That's right, but if you're going to just weave in the issue of the of the 41 losing support and Council direction you may need to have a voice from the Commission and 42 Commissioner Alcheck will be present at the meeting. So he may just provide our perspective. 43 44 Mr. Lait: Great. So if you're in support of the May 11 if there could just be a Motion and a vote 45 on that, that would be great. 46 City of Palo Alto Page 16 1 Acting Chair Gardias: I don't know if we need to have a Motion on this unless (interrupted) 2 3 Commissioner Downing: He’s asking for one so yes. 4 5 Mr. Lait: If you don’t we have to renotice it and in fact we're probably already missing our 6 noticing deadline 7 8 Acting Chair Gardias: Ok, very good. So just following this direction anybody would like to just 9 because (interrupted) 10 11 MOTION #2 12 13 Commissioner Downing: Yes, so I make a Motion that we continue this item to May 11th. 14 15 SECOND 16 17 Commissioner Rosenblum: Second. 18 19 VOTE 20 21 Acting Chair Gardias: Very good. So we have a Motion on the floor of continuation on May the 22 11th with the second. No other comments. Let’s just have the vote on this. All for, raise your 23 hands. So passed unanimously. So thank you very much. So we've this we… five minutes 24 break. Thank you. 25 26 MOTION #2 PASSED (5‐0‐2, Chair Fine and Commissioner Tanaka absent) 27 28 Commission Action: Motion: Continue the item until Council gives a final Resolution, due to 29 the procedural issues (3‐0) 30 31 Approved 5‐0 Motion: Continued to May 11th. 32 City of Palo Alto Page 1 Planning and Transportation Commission 1 Verbatim Minutes 2 May 25, 2016 3 4 EXCERPT 5 6 Faircourt #3 and #4 Single Story Overlay Rezoning: Request by Jackie Angelo Geist and Roland 7 Finston on Behalf of the Property Owners of the Faircourt #3 and #4 Tracts #1921 and #1816 8 for a Zone Change from R‐1 Single Family Residential (8000) to R‐1(8000)(S) Single Family 9 Residential with Single Story Overlay. Environmental Assessment: Exempt from the California 10 Environmental Quality Act per section 15305. Public Hearing Continued from April 27, 2016. 11 For more information, contact Amy French at amy.french@cityofpaloalto.org 12 13 14 Acting Chair Gardias: So with this let's move to the next item, which is, which comes to our 15 agenda again. This is pretty much a review of the hearing on the Faircourt, Faircourt #3 and #4 16 Single Story Overlay (SSO) rezoning. And we have Amy French that will be presenting this to us. 17 Thank you very much. 18 19 Amy French, Chief Planning Official: Yes, good evening Chair Gardias and Members. I would like 20 to note that we do have a slide presentation. The last time we spoke in this room was April 27th 21 when the Commission did continue this item to a date certain that of May 11th. It was then 22 continued for lack of quorum to today's date. At that meeting we did convey the petition we 23 received the night before from the Talisman Drive on the south side folks that wanted to 24 secede if you will from the boundary. And that was deemed acceptable by the applicant later 25 that night in conversation after the hearing that I had with them. 26 27 Then what also the Commission asked about the covenants, codes, and restrictions that were in 28 place on this tract that allowed the threshold at application to be 60 percent and how 29 enforceable are those. We did have a paragraph in the staff report that explains the City's lack 30 of enforcement of those. It is a private matter and it is not enforceable by the City. So the 31 applicants have requested a rezoning so that the City's rules would apply in this regard. 32 33 The Planning Commission also asked to continue this past the Council's action and 34 consideration of the Royal Manor SSO. The Council did not approve that SSO for several 35 reasons, one being be less than 70 percent at the time the a, the in that one did not have a 36 Covenants, Conditions, and Restrictions (CC&R) in effect at the time they made their decision. 37 They also asked for staff to return with some evaluation of the ordinance, the method of 38 gathering votes or signatures, staff's involvement in that as per the code, and possibly changing 39 the code to consider an Eichler zone district as well as Eichler design guidelines. So that is on a 40 tract that is out there. In any case that particular SSO cannot come back in. They are interested 41 in coming back in, but they cannot come back in until next year. The code says they cannot 42 resubmit until a year after their initial submittal. 43 44 So then we have, we have a map showing the nearby SSOs. Royal Manner is of course this one 45 here, the largest one, and the Faircourt proposal. So up here on the screen I have the findings 46 City of Palo Alto Page 2 that are required for rezoning and basically it's public health, safety, and welfare is the main 1 finding. This is found to be supportable by Title 18. We're looking for a creation of convenient, 2 attractive, and harmonious community and promoting Comp Plan policies, programs, and goals. 3 And we have a goal; safe attractive residential neighborhoods each with its own distinct 4 character and there is verbiage about Eichler neighborhoods designed as private enclaves. In 5 the Comp Plan we also have a couple of other policies that talk about the scale and character of 6 neighborhoods and areas of the City. So after April 27th, the last time we were here the 7 applicant did revise the proposal formally to delete the Talisman properties on the south side. 8 This had the effect of removing a two‐story home and a modified home that no longer appears 9 Eichler like. And Talisman is a legitimate boundary. It's a street to define a SSO. 10 11 Since just last week we received two reversals of original supportive signatures. This happened 12 a bit on the Royal Manor project. So what that means is the current level of support is 59 13 percent for the revised boundary that the applicant requests. That's 26 out of 44 folks and the 14 applicant has told me just today they have another supporter that they’ve talked to, but we do 15 not have a signature from that supporter as of the moment. To step on the screen again the 16 original SSO boundary kind of showing this secession of this line of homes on Talisman on the 17 south side, one of the two‐story homes on Ross was one of the withdrawers of their support 18 and the other withdrawal was here on Louis. I should say the pink homes here the lots are the 19 two‐story homes. 20 21 So here it is with the revised boundary, 44 homes currently at 59 percent and maybe one on 22 the way. It meets the other criterion that is the number of one‐story homes to form a district. 23 So that's it. We have few pocket slides if some other topics come up regarding some of these 24 outlying areas. And I know the applicant would like to speak. 25 26 Acting Chair Gardias: Yes, thank you very much. So with this we would like to open a public 27 hearing and collect speaker cards. If anybody from the, from the audience present speaker 28 cards we have, we will allot five minutes to each one of you. But of course we would like to 29 start with the applicant. Is applicant present? Will five minutes be enough? 30 31 Roland Finston: Yes. Yes, yes it will. Thank you. Yes, I want to thank the Commissioners for 32 taking the time to review our request for a SSO. As Amy has explained to you we currently have 33 26 out of the 44 homes in support of the SSO, which is just one percent below the sixty percent 34 required. And we have identified a newly owner who acquired the property as a result of a 35 death of a former owner and we believe he will be a supporter, but we don't have his signature 36 tonight. 37 38 I think it's important to recognize that the ability of signers to reverse themselves is very 39 difficult to anticipate. We only learned of the two reversals that occurred since we last met 40 with you in April we only learned of that on Monday of this week, day before yesterday. So it's 41 not unreasonable I hope that you would still nonetheless approve the request as it is tonight 42 knowing that we will be very likely to get one more signor and thus go over from 59 to 62 43 percent. This whole initiative was prompted of course by the tear down of one of the original 44 now 60 year old Eichlers in our Eichler tract. And this has caused there to be very good support 45 from present Eichler owners of our efforts something on the order of 10 individuals were 46 City of Palo Alto Page 3 actually involved in going around the neighborhood one at a time speaking with other owners 1 and gaining the support that we have presented to you and I thank you very much for 2 considering approving this. 3 4 Acting Vice‐Chair Waldfogel: Sure. Can you just say your name for the… ? 5 6 Ms. French: This is Roland Finston. 7 8 Acting Vice‐Chair Waldfogel: Ok, perfect. Thank you. 9 10 Ms. French: One of the two applicants. 11 12 Acting Vice‐Chair Waldfogel: Let’s see, so Alison Cormack followed by Alice Stiebel. 13 14 Alison Cormack: Good evening, my name is Alison Cormack. I live on Ross Road in one of the 15 homes that's affected by this request. Let me start by saying I love living in my one‐story 16 Eichler and I have no plans to build a two‐story or sell my house; however, I am here tonight to 17 speak against this proposal. 18 19 Regrettably this has become a pretty divisive topic in our neighborhood and also in the City. I 20 realize my position is not popular, but I would like to respectfully share it. Retroactively 21 changing the rules about how other homeowners use their property does not seem appropriate 22 to me. There are much less restrictive ways to preserve the open space feel in our backyards. 23 For example, the two‐story home next to my Eichler is a thoughtful addition that does not 24 affect my backyard or raise any privacy concerns. Massing might need to be near the front of 25 the lot to accommodate existing home layouts, but it is certainly possible to have a second 26 story without disturbing your neighbors. 27 28 I was encouraged by Council comments about improving the review process after the Royal 29 Manor vote failed. I should note with more support than the one before you tonight has. 30 Fixing the existing process seems like a much more reasonable way to proceed. I would 31 specifically ask that you consider removing the Ross Road block from this proposal. You can see 32 that there isn't sufficient support. More importantly I don't believe that our block which 33 already has 50 percent of the two‐story homes listed in the amended proposal fits within this. 34 We have seven houses on our side of the street including one that's got a Talisman address and 35 is actually not an Eichler. Two of them are two‐story, five houses on the other side of the street 36 which are not included this proposal, three of those are two‐story. Our block of Ross Road is a 37 wide street with mature trees and it already accommodates a variety of heights and 38 architectures. I encourage you to come visit the area and take a look for yourself. Thank you 39 for serving on this Commission and for listening to everyone's thoughts and concerns. 40 41 Acting Vice‐Chair Waldfogel: Thank you. Alice Stiebel followed by Marjorie Wechsler. 42 43 Alice Stiebel: Good evening. We've, we have experienced the effect of no SSO directly. We've 44 lived at 840 Talisman which is on Talisman the single house that is, that is turquoise. Right 45 there, right. So we’ve lived there for 49 years. Nineteen years ago the across the street 46 City of Palo Alto Page 4 neighbor at 2575 Lupine. Can you show where that, that is? The pink one. Pink one right 1 across, right. They, they built a second story on what had been an Eichler and moved out, sold 2 it for a tidy profit, and moved out. So it was obviously not for them it was for making money. 3 As soon as we were informed that the neighbor planned a second story we objected to the City 4 that the second story would invade our privacy. We were told that we had no standing to 5 object. So we could not prevent the project from going forward. We were trying to appeal it, 6 but we were told that we could not. The result was that this second story looked directly into 7 our family room and kitchen through our large clear story window because of the way that it’s… 8 that our home is designed. 9 10 After already having experienced the invasion of privacy by second story construction in our 11 neighborhood we feel strongly that we especially want our home to be included in any SSO in 12 our tract. Now in fact what happened was that because we were the only supporters on our 13 side of Talisman we were the south side of Talisman was stripped off, but I would like to have 14 you consider the fact while we're talking about this one other, one other family that might sign 15 on and support it that we in fact did sign on and supported before our side of the street was 16 stripped off. So I would just like to register that if you're considering whether the 17 neighborhood meets the 59 percent of the 60 percent or not and we are all even, even if we are 18 stripped off we very much support it because we think it's important for the character of the 19 neighborhood and we also want to support the neighbors in what they're doing. So we would 20 we very much support the proposed overlay to preserve the character of our neighborhood by 21 preventing any second story construction in the future so that our Eichler neighbors will not 22 have the same experience that we did. Thank you. 23 24 Acting Vice‐Chair Waldfogel: Thank you very much. Marjorie Wechsler followed by Rivka 25 Sherman‐Gold. 26 27 Marjorie Wechsler: Hi, good evening. Thank you. My name is Marjorie Wechsler. I live on 28 Thornwood Drive and I'd like to express support for the SSO for many of the reasons you hear 29 over and over. The houses were designed for indoor/outdoor living with private backyards. 30 I've been thinking a lot about property rights since this is what it seems to boil down to and I'd 31 like to say I'd like to retain the right to keep the property that I purchased, which includes a 32 private backyard and clear it includes an expansive view of trees and the sky. I'm not sure I 33 would have purchased that particular lot if it didn't have those characters and those 34 characteristics and having a second story next door would change my property. So I just want 35 to urge the Commission to maintain the character of our neighborhood and thank you for your 36 time tonight. 37 38 Acting Vice‐Chair Waldfogel: Thank you. Rivka Sherman‐Gold and then Dah‐Bin Kao. 39 40 Rivka Sherman‐Gold: Good evening. I’m Rivka Sherman‐Gold. My husband, Ervin Gold, lived 41 here and I moved into our home on Arbutus Avenue 30 years ago. We like our Eichler home 42 and we did some home improvements some years ago keeping the architectural principles of 43 Eichler in mind. We also have a lovely garden both in front and in back so we like it; however, 44 we are opposing the second story overlay. 45 46 City of Palo Alto Page 5 When we bought our home there was already a two‐story home across the street from us and 1 it was obvious that we will be able to enlarge our home if we choose to do so. Now we are 2 actually considering doing so because we need a larger house and we want to modernize the 60 3 year old home with updated technology, larger kitchen, more bedrooms, and larger bathrooms. 4 These $2.5 million homes don't meet current standard of living. As many people do nowadays 5 we work from home and we use two of our bedrooms as studies. And we just don't have 6 enough room to host family and those two tiny bathrooms are an embarrassment. So, so much 7 so that we have to put our family when they come to visit us we have to put them in a hotel. 8 And now we don't, we don't drive cars made in the Fifty's and they many of us do not wish to 9 live in the, in the Fifty's houses that stayed in the Fifty's while their inhabitants moved ahead 10 with technology and lifestyle and moved into the 21st Century. 11 12 Of our many years in Palo Alto we have seen many changes. One of the most significant 13 changes that became evident in the past 10 to 15 years is the need to build taller homes and 14 taller buildings. This is evident everywhere in Palo Alto. Just the other day a three‐story 15 building replacing the Olive Garden restaurants was approved. Many if not most or even all 16 Palo Alto homes that underwent significant remodeling or were replaced by new homes are 17 two‐story homes. So there is a need. And I wonder why, why should people everywhere in 18 Palo Alto be allowed to build two‐story homes while our property rights would be restricted by 19 neighbors for reasons that in our view and I'm sorry to say, some of you are my friends, actually 20 I don't know if it has to do with a good neighborhood actually. 21 We are concerned that if the SSO will be approved that neighbors, the neighborhood will 22 undergo significant deterioration and will turn into unattractive area populated by people who 23 object to changes and buy raincoats. So actually this is because a, this may become a rental 24 housing community. There are three rented houses next to us. Two of them are eyesores. 25 One of them is growing weeds that are moving into our yard. It's quite intolerable and we want 26 to have neighbors not renters. Limited property right and specifically banning second story 27 limits asset value and will attract more people who purchase homes as renters and don't spend 28 money on improving their home and their gardens, which is bad for the neighborhood. 29 30 In terms of privacy issues we hear a lot about them. There are ways to deal with privacy issues 31 with shrubs and screens and various means. And this is now living in the City, we live in the 32 City, we cannot expect full privacy everywhere and about some people talked about the sun in 33 their garden. The sun in their garden really whether it's a second story home in the 34 neighborhood will actually affect how much time they'll garden has is questionable. Some will, 35 some will not depending on the house, depending on the direction of the sun, etcetera. So this 36 we hope cannot drive the decision. So my husband and I want to say here that we are 37 objecting to the SSO. Thank you. 38 39 Acting Vice‐Chair Waldfogel: Thank you. Dah‐Bin Kao and that's the last card that I have. If 40 anybody else wants to speak then pass a speaker card. Oh, I’m sorry. 41 42 Dah‐Bin Kao: Hello, my name is Dah‐Bin Kao. I live in the two‐story home that has been 43 excluded in this new rezoning. So I have no vote in this matter. I only come up to speak 44 because of some of the statements that Miss Stiebel made about my home 3575. Miss Stiebel 45 lives at 840 across from Lupin. [Talking off microphone] I didn’t do, yes. I, if I, my hearing is 46 City of Palo Alto Page 6 still ok, Miss Stiebel said the previous owner remodeled the home and then immediately sold it 1 for profit. That was not my understanding. I believe that house was remodeled in 1996. When 2 we bought it in 2001 the lady told us that they remodeled five years earlier, now they have 3 gone through a divorce therefore they were selling that house. 4 5 And another point that Miss Stiebel made that from the two‐story home, our home we could 6 see through her living room through a large glass window. Well my eyesight must be getting 7 old. I don't see that. If you look at the map her house faces Talisman. The large windows all 8 face Talisman. On the Lupine side we can only see the garage door and no window. We could 9 see nothing at all. I hope my eyesight is still good and that's my comment. Thank you. 10 11 Acting Vice‐Chair Waldfogel: Thank you very much. I think it's Anke Kiebber and then Richard 12 Willits. 13 14 Anke Kiebber: Good evening. So I have to apologize. I’m not prepared to speak at this meeting. 15 I own a house on Louis Road, the one in the corner next to the creek. It looks to me Louis Road 16 is really changing into a two‐story neighborhood if I drive along Louis Road. And [by law] 17 Eichler has been totally remodeled and there are really no plans to change and put a second 18 story on our Eichler or offend the neighborhood in any way. I believe this process is really 19 broken and needs to be revisited. 20 21 I can't predict what my kids are going to do or need to do in 10‐20 years from now. I don’t 22 want to be restricted by this kind of rule. And I believe there has to be a way that neighbors get 23 together and are considerate of each other and make plans which is working in the 24 neighborhood. I had no knowledge that our next door neighbors were the ones who retracted 25 the signature. I do know they love and want to conserve their Eichler as well. I totally trust her 26 decisions. If the day comes when they have to remodel a lot of Eichlers are not in a good state 27 right now. It’s a flood zone. Not any Eichler can be restored. We were lucky ours could get 28 restored, but many are getting really old and I think Palo Alto needs a solution for coming up 29 with a reasonable way to bring them into, into the modern world. And we are not there yet 30 with this process we are going through. And I don’t know if it’s possible for Louis Road to be 31 excluded, but I don’t think that would be the solution either. I think we really should look at 32 design guidelines and the neighborhood in general to come together. 33 34 Acting Vice‐Chair Waldfogel: Thank you. Richard Willits and that's the last card that I have right 35 now unless somebody else has come forward. 36 37 Richard Willits: Good evening, Commissioners. I only want to say that the SSO process that 38 we've been going through in the City for now a year and a half is essentially originally designed 39 as a replacement for the single story restriction that this particular tract has in its covenants. So 40 presumably people when they buy these houses know that there's supposed to be a single 41 story restriction. Those single story restrictions have had from time to time not been strongly 42 enforced. The point of bringing the SSO is to in order to essentially normalize the situation back 43 to what it was in a way that fits with the current houses. 44 45 City of Palo Alto Page 7 With regard to what the last speaker mentioned about the quality of the houses one of the 1 things we have consistently noted if you go around the City and look at places where SSOs 2 those have been implemented you'll notice that given the direction that the City is essentially 3 firmly and as Council Member Kniss said objectively deciding with an SSO the homeowners then 4 are free to upgrade their houses in a way that is consistent with the SSO. Generally those areas 5 that have SSOs the homeowners have invested, they have invested in a way that we call out 6 and not up, which is consistent and which is in harmony with the rest of the neighborhood. 7 And we hope that this SSO in Faircourt 3 and 4 will have the same effect. 8 9 Currently there is no other effective way of controlling this process. There are things that have 10 been discussed, discussed at the City Council Member potential guidelines. Those are things 11 that we look forward to working with the City in the future on, but they do not exist. To protect 12 the neighborhood now it needs to have an SSO. Thank you. 13 14 Acting Vice‐Chair Waldfogel: Thank you. That's all the cards. Are there any additional? 15 Adrienne Duncan. 16 17 Adrienne Duncan: Thank you very much. I am the original owner of an Eichler and I want you to 18 know that I came from Austria with my husband and two children about to have a child. And 19 we couldn't find anything we liked real well in San Carlos or Redwood City or etcetera, etcetera. 20 And found Joseph Eichler was building these beautiful little homes in Palo Alto. And he agreed 21 to give us a second mortgage. We had the most lovely five bedroom house and I have come to 22 do many things in which I have used this property. I teach bio intensive farming. I'm a sculptor 23 for 35 years at the Pacific Art League and I want you to know that there are many places that 24 would come up and shut off the sunlight to my home where I could not have these little tours 25 that go around and instruct people as to how to grow things. And I know that it's probably not 26 an effective thing to worry about what one person's sunlight has been cut off, but if I suddenly 27 can teach many, many people how to grow bio intensive farming the sunlight will be cut off for 28 many houses. So I want you to consider this. It's a beautiful house. It's a lovely setting and I 29 don't want to have anybody putting up some great monstrosity next to me. Thank you very 30 much. 31 32 Acting Vice‐Chair Waldfogel: Thank you. Again that's all the cards that we've received. Any 33 additional? Anyone else like to speak? To thank everyone who has, who has come forward 34 today. 35 36 Acting Chair Gardias: Thank you, Acting Vice‐Chair. This concludes our public hearing. Thank 37 you very much all the speakers and presenter. And so since this is pretty much our second 38 hearing on this topic I would like to come back and remind you about the discussion that we 39 had back then. And also I know that our colleague Commissioner Alcheck was present at the 40 time when, when the Royal Manor I think was heard by the City Council. So I would be looking 41 for his comments from the perspective of Council understanding. So if you remember we 42 passed a Motion where we, which was proposed by Commissioner Downing, where we were 43 looking for guidance from the City Council in this regard. We were uncomfortable with, with 44 the change of support what happened on the Royal Manor and what happened on this proposal 45 and as we may see it happened again. And for this reason Commission voted to, to look up to 46 City of Palo Alto Page 8 City Council for, for guidance provisional guidance on how to approach SSOs. So with this I 1 would like to ask about Cara and Amy if you could just give us having this on mind if you could 2 just give us your understanding what are our options in considering this in lieu of our prior 3 decision and also discussion that, that was City Council that would be very useful. And then 4 after this I would like to ask our colleague Michael Alcheck to advise us about his perspective 5 and his understanding from the same meeting. Thank you. 6 7 Ms. Silver: Thank you. Why don't, why don't I start off and Amy please fill in where needed. So 8 the Council did not of course make a decision on this particular application. They heard 9 another application. There were lots of comments and what they said was that they wanted to 10 have staff do some further analysis and directed us to do some analysis on sort of the balloting 11 procedure in general and also to explore an Eichler specific design criteria and whether that 12 should be incorporated in the zoning code as an overlay or in a separate design code was 13 something that they wanted us to, to further look into. In that discussion the Council also 14 recognized that this particular matter was still pending and at least one Council Member said 15 that they did not want to discourage the Planning Commission from taking action on, on this 16 particular item, but there was not a formal Motion or action on that particular issue. 17 18 With respect to your options tonight you can, I think you have three options. You can move the 19 proposal forward with the Talisman piece removed. You can move it forward with some lesser 20 boundary. You could make a recommendation to the Council that it be rejected outright. And 21 then fourth you could make a recommendation that Council I think delay the matter until the 22 more policy oriented questions have been answered. 23 24 Acting Chair Gardias: Thank you. Commissioner Alcheck. 25 26 Commissioner Alcheck: Ok, so I attended that Council meeting and I mean I'm sure many of us 27 are aware of what was said. I guess my perspective was that the Council spent a great deal of 28 time going around and the general sense was that the system, this is a, the process is not 29 serving the City well. And I don't think any of them were particularly comfortable with the 30 notion that the numbers were so close, but yet not quite close enough. And I think that 31 particular project, that particular application had its own issues that are different than this 32 particular application, but I think a lot of the discussion revolved around sort of the clarity of 33 what the, what this in fact does. And I think, I think that sort of the biggest takeaway was that 34 the majority of the conversation made by the supporters of the application revolved around 35 Eichler preservation and Council, Members of the Council articulated that this is not an Eichler 36 preservation process. Nothing about what is, nothing about a SSO preserves Eichlers. 37 38 And so the conversation then pivoted to a discussion about well, what is the likelihood or what 39 would a design specific framework look like if it was an Eichler specific design area and how 40 long and I think they've sort of punted to the staff saying can you come back to us with some 41 relevant discussion on what that would look like. Maybe an overlay that was design oriented 42 related to Eichler preservation as opposed to SSO. I think in fact there was a discussion I think 43 even somebody suggested that there are two‐story Eichlers. So in what regard with those 44 potentially be… you know? So I think at one point there was this discussion of there was a 45 Motion or a suggestion of Motion to at least implement this on a short term basis, like a one 46 City of Palo Alto Page 9 year SSO, which was rejected. And I think the ultimate… it’s hard to say there was a consensus 1 because there was a lot of it was very close, but I don't I think that as a majority they weren't 2 comfortable making a decision about SSO mostly because of process issues. So I don’t want to 3 spend more time talking about that because I think, I think there are other people might have 4 different perspectives of what was said up there. But that was sort of my takeaway about the 5 general approach to the way they discussed it that night. 6 7 Acting Chair Gardias: Thank you for the summary. Commission Tanaka. 8 9 Commissioner Tanaka: At this point I don’t have any comments. 10 11 Commissioner Alcheck: Say that again? I got comments. 12 13 Acting Chair Gardias: Ok. Sorry, this was Commissioner Waldfogel. 14 15 Acting Vice‐Chair Waldfogel: Sorry, it’s hard to tell which button is which here. I'd like first of all 16 I'd like to thank all the members of the public who came out to speak tonight. It’s very helpful 17 in these deliberations. I’d like to go back to the comment that Mr. Willits made that there is a 18 CC&R in this, in this tract for single story and I’d just like some additional clarification. I 19 understand there's no Homeowner’s Association (HOA) active in the tract right now, but is this 20 CC&R currently a binding covenant on this tract? I mean can anybody answer that? Can 21 anybody answer that question? Yes, that’s a question to staff. 22 23 Ms. French: This is kind of a legal opinion. When these are these run with the properties and 24 it's not anything that City staff can have anything to do with. It's a private matter. 25 26 Acting Vice‐Chair Waldfogel: I fully understand that that's, it’s not enforceable by the City. 27 Because I think the question that's in front of us is whether the City will step in as a provide air 28 cover to enforce. I mean effectively the SSO is adding a code component that backs up that 29 CC&R, but is it do we have a CC&R in place that is that runs with the property and that's 30 governing? 31 32 Ms. Silver: Thank you. So yes as Ms. French stated there is a CC&R and for members of the 33 public what that stands for is Covenants, Conditions, and Restrictions and it is a legal document 34 that restricts properties. It's recorded on title to the property and as Ms. French said runs with 35 the land. So when somebody sells the property that CC&R placing restrictions will continue to 36 control. We do not believe that there is an active HOA at this point that will enforce that CC&R. 37 It might be able to be enforced by individual residents, but that generally is not cost effective. 38 We have not seen that take place routinely with these types of CC&Rs, but that is an additional 39 remedy that is available. And also as Ms. French said since the City is not a party to that CC&R 40 the City cannot enforce it. 41 42 Acting Vice‐Chair Waldfogel: Let me just continue the… may I continue? So if that's the case are 43 we actually creating tremendous development risk in the tract by not having an SSO because 44 anybody who sets out to build a second story is potentially subject to a lawsuit from a neighbor 45 demanding enforcement of the CC&R? 46 City of Palo Alto Page 10 1 Ms. Silver: I suppose that's one way of looking at it. 2 3 Acting Vice‐Chair Waldfogel: I mean this seems to be a difficult, this is a difficult situation. And I 4 guess just one final question along this line. Is there… does the HOA away go away or is the 5 HOA just dormant and in theory the residents in the tract just need to go and elect a new board 6 and start up again? I mean sort of what's the, does anybody know what the structure of that 7 is? 8 9 Ms. Silver: So we do have a copy of the CC&R is in the file. I can try to look at that while we 10 proceed with the hearing if you like? 11 12 Acting Vice‐Chair Waldfogel: I may come back to this, but I’ll just defer see if anybody else has 13 comments. 14 15 Acting Chair Gardias: Very good. Thank you. I don't see any other comments so… no. 16 Commission Alcheck. 17 18 MOTION 19 20 Commissioner Alcheck: Ok, so I'll share my thoughts on this. I found many of the arguments 21 that were made before Council and many of the comments that we received especially via 22 email to be very persuasive. I also think this is a broken process. One of the comments that I 23 found to be easily the most persuasive was this notion that compelling neighbors to collect 24 signatures in person from each other was a process that maybe this City should not be 25 encouraging its residents to do. It's an uncomfortable and potentially antagonistic process. 26 27 And one of the… again, one of the most persuasive things I heard was this notion that if you 28 were going to, if you were, if you were going to so significantly affect someone's property rights 29 then maybe a signature should be notarized which would encourage people who are thinking of 30 signing a document like this to maybe spend a little bit more time consulting an attorney or 31 other individuals they rely on for advice on matters like this. I could, I mean I happen to be an 32 attorney. I happen to focus my practice was focused on land use issues. I couldn't agree more 33 with that comment which was made at the Council hearing. There is such a strong… this 34 process is we’re allowing a public forum to exercise a very private agreement and in doing so I 35 just think we, I think the result has been, has shown itself to be very complicated and I think 36 adding layers of I guess you could call them hurdles I think could really only benefit the City 37 because it can put us in a position of saying look, this was a very thought through decision. It’s 38 very uncomfortable to have to sort of wonder which of these residents has potentially reneged 39 on their position why and to see a number sort of go from 70 to 60 or from 60 to lower 40 suggests that people weren't entirely sure of what or they did they no longer agree with their 41 decision and this again this is a very important decision. 42 43 I know I'm not the only person tonight that this may not sound diplomatic, but I find it a little 44 offensive this notion that a two‐story home is a monstrosity that no two‐story home can get 45 built in this City that's not a monstrosity. I don't agree with that position. If you approach the 46 City of Palo Alto Page 11 notion that any two‐story home is going to be a monstrosity then, then I think there is, there's 1 not a lot of room here for a design review process that will encourage the preservation of two‐2 story Eichlers which doesn't make sense because it's very difficult to understand if we're talking 3 about just a SSO or the preservation of Eichlers and that was an issue that came up with City 4 Council. 5 6 So with respect to this particular application I would support and I will make a Motion that we 7 recommend City Council does not approve it. And frankly when we first did this which was I 8 think almost a year ago there was a comment at our Commission hearing that the signatures 9 gave the applicant an opportunity be heard by the Commission and by the City Council. And in 10 this particular sense I don't know that I mean 59 support is very, 59 percent is very close but it's 11 not 60. I just don't see why we would… if we could stop this process at this point that's what I 12 would do. Because I don't know that it even makes sense for City Council to do what they did 13 on Monday night or three Mondays ago again. Maybe they'll be more expedient with their 14 time since this is a very similar scenario in terms of the dropping percentage of support, but I 15 guess to stay on topic here I would I would support a Motion that we encourage them not to 16 approve this application. I would encourage them to continue the direction they gave staff 17 about a broader discussion about what would it look like to have an Eichler preservation design 18 component to our single family design review process. 19 20 And, and I would, and I would, and I would also encourage them if and I don't know that would 21 that needs to be part of the Motion, I just hope that maybe that will be part of the context of 22 the discussion that they strongly consider a different process. I know Council Member Berman 23 had mentioned it that night and I'm I don't want to guess who else said it because my memory 24 is not serving me right, but there was this whole discussion about maybe a ballot process where 25 somebody went in and I specifically remember a discussion about maybe, maybe it happens 26 during our voting process so that you apply, it gets put on our local ballot, and when you go 27 into your local polling place if you're in that neighborhood you have an opportunity to sort of 28 vote on it. Something a little bit more formal and not so, not a process where you are 29 approached by your neighbor maybe multiple times on the same topic. And I mean there was a 30 whole discussion about they approached one of the residents of the house and that didn't work 31 out so they approached a different… I mean that whole this there is an element to this which I 32 find so unfortunate. 33 34 And I know I’m taking a lot of time here, but this is a bummer. And you have relationships here 35 that are devolving and I think that process has everything to do with it. And so we have a lot of 36 common goals here. There are huge fans of Eichlers and there is a very dedicated community 37 of residents that I remember distinctly on that meeting on Monday night that the Council 38 Members had reflected on how many people for and against suggested how much they love 39 their Eichlers. So there's clearly consensus on the idea of preservation, but done maybe in a 40 more flexible way. And I, I hope that by suggesting that they don't approve this application and 41 encouraging them, by recommending the Council not approve this application and also 42 recommending to Council that they continue their effort to investigate an Eichler design 43 component that that actually can become a reality sooner than later so that these this these 44 particular communities that are interested in preserving the architectural style have that 45 opportunity before it's too late. 46 City of Palo Alto Page 12 1 So I'm going to make that Motion now and then if you want to keep on discussing you can. So 2 I'm going to make a Motion that we recommend that Council does not approve this application 3 and the second part of that Motion will be a recommendation that Council continue to 4 encourage staff to come back with a Eichler design guideline that could potentially complement 5 the current single family review design process. 6 7 Acting Chair Gardias: Thank you Commissioner Alcheck. So would you mind because we still 8 have a hearing so I would like to hold on this Motion and continue we have a still open question 9 that Cara’s researching so we have a Motion we're going to come back to this Motion, but let's 10 just continue with the hearing. Let's make sure that we exhaust all the comments and 11 perspectives. And I have one question from a different perspective two sides to the staff. Do 12 we have currently any pending applications for any development in this area? 13 14 Ms. French: No two‐story applications. 15 16 Acting Chair Gardias: Do we have any other applications of remodeling or changes? 17 18 Ms. French: I don’t know. 19 20 Acting Chair Gardias: But no notice (interrupted) 21 22 Ms. French: If there are building permits applied for a kitchen remodel I'm not aware of them. 23 24 Acting Chair Gardias: No I was thinking about some additions. No expansions? Ok, so that's the 25 second question that I have is since there was a direction from the Council how long will it take 26 to develop guidance as Council requested? 27 28 Ms. French: My understanding is there's a meeting this next week where Council will be the 29 meeting of the committee as a whole will be talking about the work plans. This thing that they 30 discussed directing Council to return with preliminary ideas evaluation of the program is one of 31 many possible work items on the, on the Department's list of things to do. So there will be a 32 discussion about that this next week. And so no one has done an evaluation yet as to how long 33 that’ll take, how much money for a consultant, etcetera. There's been preliminary discussions 34 in advance of next week's meeting, but nothing prepared to date. So (interrupted) 35 36 Acting Chair Gardias: But could you give us and the audience some estimates so we’re looking 37 for like what, half a year when this would come back to the Commission with the proposal of 38 the crosstown Eichler preservation guidance or? 39 40 Jonathan Lait, Assistant Director: I think again I don’t have any more to add more than what 41 Amy put forward. We don’t have a recommended, we don’t have a timeline for that project 42 yet. So no. There's a lot of different things on the plate and we're hoping that we’ll get some 43 guidance on how best to sort out those different priorities. 44 45 Acting Chair Gardias: Ok, thank you. So we have a Commissioner Tanaka. 46 City of Palo Alto Page 13 1 Commissioner Tanaka: I have two quick questions for staff. So this is first for the City Attorney. 2 So have you actually read the CC&Rs in terms of what it says about the SSO and if so maybe you 3 could comment on that in terms of like, your reading of it. 4 5 Ms. Silver: Sure. So interpreting CC&Rs is a specialized area of law and so I can tell you what 6 they say. There may be some particular questions that I cannot answer. This set of CC&Rs for 7 this tract does as we mentioned have a limitation that only allows single story houses. A 8 portion of or some of the tracts are also governed by an additional set of CC&Rs that actually 9 limit the size of the house to 1,200 hundred square feet and then also have some additional 10 requirements with respect to setbacks that are separate and apart from the zoning setbacks. 11 And then with respect to the architectural design review committee it's interesting to see these 12 historic documents, but the orig… the doc… the CC&R designates Mr. Eichler as the one of the 13 members of the original design review committee and then does have provisions for appointing 14 other members if the original members were to die or to step down from the position. So there 15 is a process for reactivating the HOA or design review committee that has apparently been 16 deactivated. 17 18 Also the CC&Rs do contain a provision that states that if the if the a two‐story residence or 19 other residence is built that violate the CC&Rs that if there is no lawsuit that is initiated after 20 the project is completed that there is no further enforcement remedy. So there is a time that 21 cuts off enforcement, private enforcement under these CC&Rs. 22 23 Commissioner Tanaka: Great. I have of course great deal of [unintelligible] not being a lawyer 24 actually it’s interpreting that so that’s very helpful. So it sounds like in layman terms you're 25 saying that there are currently things in that CC&R which are already been violated in terms of 26 square footage, in terms of setbacks, in terms of single story, many other things beyond just 27 single story that's not that's currently being violated, but that the remedy in the CC&Rs is that 28 essentially unless, unless there's a lawsuit that actually commences with the finishing of this 29 construction that’s it. So there's not a legal overhang on someone’s head for this. 30 31 Ms. Silver: So that's my reading of the CC&Rs. There may be some additional legal precedent 32 that extends that statute of limitations, but based on the plain reading of the CC&Rs. 33 34 Commissioner Tanaka: Great, thank you. And in your experience I'm sure there's CC&Rs all over 35 the place that were written 100, 200 years ago which may or may not be maybe out of date, 36 quaint, whatever. What is the, what happens in those kind of situations? Maybe for instance 37 the sea has risen and there is just water there now. What happens when you have these like 38 these out of date CC&Rs? What happens in those cases to the rules and what's a general 39 course of action? 40 41 Ms. Silver: Well I think the most common CC&R that is has been deemed by the courts not to be 42 enforceable is a racial covenant. So courts have many CC&Rs had a racial covenant in them and 43 the courts have said those are just not legally enforceable. So you can have certain conditions 44 that are not legally enforceable. You can have other conditions that may need to be reformed 45 City of Palo Alto Page 14 and as a result of changed circumstances and generally CC&Rs have provisions for modifying 1 the CC&Rs (interrupted) 2 3 Commissioner Tanaka: I guess there's those changes here where maybe in 1950 the value of 4 land in Palo Alto was X and today it's Y. And so there’s been significant changes in terms of land 5 values, but ok. So it sounds like it's there's some things that the courts have done, but there's 6 not really a process involved in terms of how to update it unless they reform this committee. 7 Ok, great. 8 9 Ok, and then the second question and maybe this is for you Amy, is: has anyone talked to the 10 folks that changed their, their vote? Why they changed it and if so could you tell us why? 11 12 Ms. French: I've only spoken with one person who had changed their vote and then I spoke to 13 her when she came to change it back. She came and visited me at the let's see it was Tuesday, 14 just yesterday, and said she wanted to reconnect with her yes vote. And so I said I showed her 15 the petition and I showed her the thing that had said she was she was with a handwritten note 16 and so I just made sure she understood what she was doing. And as far as why she was doing 17 what she was doing and I have the evidence of that right here, but it doesn't have an 18 explanation in writing to say why. But she was concerned about and she does have a relative 19 that is in the opposition of this and so it's a little bit awkward I think for her to have both sets of 20 circumstances. In fact the gentleman who is her relative did email the Planning and 21 Transportation Commission (PTC) about this, but it's awkward for her to be in this position 22 where she feels this way and yet she has a relative on the other, in another house, but in the 23 other camp I guess. 24 25 Commissioner Tanaka: Ok, so there wasn’t an explicit reason why the vote was changed? At 26 least not that you could speak of? 27 28 Ms. French: And not that I feel comfortable talking about. 29 30 Commissioner Tanaka: Ok, so and then what happens in the case when, when let’s say a 31 husband and wife disagree, one person thinks that they should do it and the other person 32 doesn't think. What happens in that, who what vote wins? 33 34 Ms. French: Well, that's a good question. I mean we only in the code which is what staff has to 35 deal with it does say one, one vote per property and we do have in this tract one where there 36 was a an initial signature and then there was and it happened at Royal Manor too and there 37 was the spouse and then it was a retraction. So I think that in those cases we have gotten the 38 original signer says, “Oh yes, and now I agree with my husband” or whatever that might be and 39 now they are together on it by the time the reversal or the reversal of the reversal comes in. 40 41 Commissioner Tanaka: Ok. So I can understand why Council talked about a notary or some, 42 some other process other than a single person voting. Ok that's all questions I had Thank you. 43 44 Acting Chair Gardias: Thank you, Commissioner Tanaka. I have one question also in regards to 45 HOA and how it stands in CCR. If here for this, for this application we require a 60 percent 46 City of Palo Alto Page 15 what’s the language of the, of the review of the second story in CC&R or HOA? What’s the 1 majority required to, to approve second story addition? I would like to compare the language 2 in CC&R with, with our requirements. 3 4 Ms. Silver: So the CC&Rs do not have a particular threshold for voting. They appoint three 5 members to an architectural control committee and then they just specify the duties of the 6 architectural control committee. So it doesn't, they don't specify whether the it needs to be a 7 unanimous approval or majority approval. 8 9 Acting Chair Gardias: Ok, so I guess in this relating this to our current situation pretty much the 10 neighborhood which is Tract 3, #3 and Tract #4 they would have to elect their HOA that would 11 be then designating this architectural committee in number of three members and they would 12 be reviewing the projects, right? 13 14 Ms. Silver: That's correct. 15 16 Acting Chair Gardias: So which, which in this case having 60 percent support for this overlay had 17 the citizens or had this neighborhood elected HOA they would have had a majority and they 18 would be able to pretty much restrict by having majority of 59 percent they would be able to 19 restrict second story. 20 21 Ms. Silver: Well I think you're asking two separate questions. One is what you need to do to 22 amend or reactivate the CC&Rs and that question is more broad. That it, that requires if you 23 want to, if the community wants to amend the CC&Rs they can do that by a majority vote of 24 current homeowners. Otherwise the CC&Rs are just renewed every 10 years as is. So that's 25 one issue. The second (interrupted) 26 27 Acting Chair Gardias: So CC&R and I’m sorry for interrupting. So CC&R for clarification so CC&R 28 is not active at the moment. Is it still enforceable or (interrupted) 29 30 Ms. Silver: The CC&Rs are still enforceable and still active. It's the design review committee 31 that is inactive. 32 33 Acting Chair Gardias: Right, ok. 34 35 Ms. Silver: So in terms of amending the CC&Rs that is done by a majority vote of the 36 homeowners, the current homeowners, and in terms of if the homeowners were to activate 37 another design review committee the CC&Rs do not specify what type of vote is required to 38 approve a second story or to or to approve any type of development. 39 40 Acting Chair Gardias: So it looks like they have a possible parallel way of just having their 41 perspective besides our SSO. 42 43 Ms. Silver: Absolutely, yes. The CC&Rs are another vehicle for enforcement. 44 45 City of Palo Alto Page 16 Acting Chair Gardias: Thank you. Any other comments from… no? Ok, looks like we, we have 1 exchange any comments from this (interrupted) 2 3 Mr. Lait: Well, I don't think we heard a second to the Motion. So I don’t know if you were 4 (interrupted) 5 6 Acting Chair Gardias: Yes, yes, yes. Thank you very much for reminding. I was just waiting to 7 make sure that everybody had a chance to speak. So we have a Motion on the floor as 8 presented by Commissioner Alcheck. So let's come back to this. Do we have a second to 9 support this? 10 11 SECOND 12 13 Acting Vice‐Chair Waldfogel: I will second the Motion. I’d like to speak to that when it’s 14 appropriate. 15 16 Acting Chair Gardias: Very good. So Commissioner Alcheck would you like to speak to your 17 Motion? 18 19 Commissioner Alcheck: I think I've said everything I need to say. 20 21 Acting Chair Gardias: Thank you. Commissioner Waldfogel. 22 Acting Vice‐Chair Waldfogel: Yes, I agree there are process problems although I don't think 23 they're quite as dire as has been discussed tonight and in previous meetings, but the reason 24 why I support this Motion is that I have very strong preference to revive the HOA and resolve 25 these issues via CC&R amendments. It sounds like the CC&Rs have not been looked at in 60 26 years and they have some it sounds like they have a number of problems that need to get 27 addressed, but I think that that would be a great tool. I would support an SSO for the entire 28 tract, but at this point I'm actually a little con… I'm conflicted because I don't know how to 29 interpret yes signatures on the petition at the boundary of the revised tract, at the reduced 30 boundary that we're looking at tonight. I don't know whether somebody who might have been, 31 might be included in a new SSO would shift support if they knew that they're getting a 32 restriction and they're not getting any reciprocal protection. So that one leaves me a little 33 concerned and for those reasons I would support this this Motion. 34 35 FRIENDLY AMENDMENT #1 36 37 Acting Chair Gardias: Thank you. Do we have any other comments? So if you don't mind I 38 would like to propose a Friendly Amendment to your Motion. So the amendment would be to 39 not to accept second story application till HOA is being reactivated. 40 41 Ms. Silver: So just to clarify is that for this particular application or citywide? 42 43 Acting Chair Gardias: No it’s for this particular application. We're talking that the Motion was 44 for… 45 46 City of Palo Alto Page 17 Commissioner Alcheck: I think what she means, are you talking about SSO applications. 1 2 Acting Chair Gardias: You know I'm talking about this particular, the Motion was for this 3 particular (interrupted) 4 5 Commissioner Alcheck: Do you mean further SSO applications or do you mean applications to 6 build two‐story homes? 7 8 Acting Chair Gardias: No, for two‐story homes for this neighborhood. 9 10 Commissioner Alcheck: That's what I thought you said. 11 12 Acting Chair Gardias: Yes. 13 14 Commissioner Alcheck: Yes, I do want to just suggest why that may not even be an option. 15 16 Ms. Silver: Yes, so I'm concerned about that particular issue was not agendized for this evening 17 so it's essentially requesting a moratorium against accepting applications for second stories in 18 this, in this area. And I think that we would have to agendize that for further discussion if you 19 wanted to act on that. 20 21 Acting Vice‐Chair Waldfogel: It sounds to me if the HOA is reactivated and I believe what you 22 told us is that it has recourse on second story until projects are completed, I think that's what 23 you told us, so I think that if an HOA were reactivated or there were some serious direction 24 toward reactivating it, it would make filing a two‐story application pretty risky in this tract 25 whether we proceed down this, this alternate track or not. 26 27 Acting Chair Gardias: But just if I may respond? My understanding is if there is a HOA and there 28 is a design commission the design commission would review applications, would review any 29 design applications so pretty much they would take action before anything is being built. So for 30 this reason it's a proactive control of any development in this neighborhood. So what I was 31 looking for is just to give the homeowners chance to pretty much get organized themselves not 32 to waste their effort that they had on this that they spend for the last year and a half and they 33 would like to just respect pretty much what their accomplishment although it didn't meet the, 34 the boundary, the threshold. 35 36 FRIENDLY AMENDMENT #1 FAILED 37 38 Commissioner Alcheck: I'm not going accept the Friendly Amendment so this is going to be a 39 moot conversation. I’m not going to accept the Friendly Amendment. Number one, I don't 40 think we have jurisdiction to even do that. Number two, when the discussion of a moratorium 41 went up on City Council there was not even a small minority of people who supported the idea 42 of stopping development of second story homes in the last SSO discussion and so I don't think 43 making that recommendation would be prudent. 44 45 City of Palo Alto Page 18 So I appreciate the idea. I think what you're trying to do is in the interim of this process to 1 come up with a design review you want to protect people from the injustices of two‐story 2 home living and I don't foresee, I don't, I don't accept that as a Friendly Amendment. You can 3 try to make it as an Unfriendly Amendment, but I think that's I think we should proceed on the 4 vote. 5 6 Acting Chair Gardias: Very good, thank you. I think that Jonathan wanted to say something. 7 8 Mr. Lait: I thought I had heard and I may be mistaken on this, I just wanted to clarify for the 9 record that the applicant did meet the threshold for filing the application and that's why the 10 matter is before the Commission. Again, there isn't a process of evaluating reversals or changes 11 in erosion of support. At the time of filing the applicant did meet the threshold for filing. So if I 12 just want to make (interrupted) 13 14 Commissioner Alcheck: Actually this is the same scenario that occurred with the last one. They 15 met the threshold and then fell below it. 16 17 Mr. Lait: Yes. And I'm not speaking to the thought process of how one may decide on that I just 18 want make sure that we're clear that even though we may not like the process it is consistent 19 with the standards of the code. 20 21 Commissioner Alcheck: You know my, this… I'd like to move on. I would argue that to some 22 extent it might have been even relevant to know if they had met the threshold from the 23 beginning without any changes of the now new defined zone. So the zone has, the area has 24 shrunk, right? And the current percentage is still below the threshold? 25 26 Mr. Lait: Well there’s, well I guess (interrupted) 27 28 Ms. French: There's a report that they're at 62 percent with this new person they think that is 29 supportive, but we don't have the signature as we have on the one yesterday. 30 31 Commissioner Alcheck: I’ll be frank, I don't even like the idea of referring, I don't like… it's a bird 32 in the hand is worth two in the… right? I don't even like the idea of sort of suggesting that you 33 have, that we have a signature until we have it because my entire problem with this process is 34 the signature process. 35 36 Ms. French: Well, to be fair (interrupted) 37 38 Commissioner Alcheck: So I just want to I guess my question I didn't, I don't want to derail this, 39 but I guess my one comment would have been it might have been relevant to know if they had 40 met the threshold of this smaller area from the beginning. 41 42 Ms. French: Yes, they did meet that smaller threshold from the beginning and they technically if 43 we're talking about signatures I do not have signatures, I have emails from the two that have 44 withdrawn their support. It's an email from that person. It's not a handwritten, the only 45 person that I have a signature for is the one that reversed their reversal. That's a signature. 46 City of Palo Alto Page 19 1 Commissioner Alcheck: No, I just meant about this new homeowner may or may not in fact 2 support (interrupted) 3 4 Ms. French: I mean it's as valid as the other ones that emailed, but they didn't give me a 5 signature. So if signature is the (interrupted) 6 7 Commissioner Alcheck: Right. No, ok. I get it. I get it. I guess my question is we don't have any 8 more sort of amendments I'd like the process to sort of move forward judiciously. 9 10 UNFRIENDLY AMENDMENT #1 FAILED, VOTE ON ORIGINAL MOTION 11 12 Acting Chair Gardias: Very good. Thank you. So I still would exercise my opportunity and I will 13 propose this as an Unfriendly Amendment. And we're looking for a second. I guess I don't have 14 a second. 15 16 So we are going to proceed with the original Motion as it was proposed by Commissioner 17 Alcheck. So all in favor? Opposing? And I’m going to abstain from the vote. So three for, one 18 abstaining. 3‐0‐1. Thank you very much so Motion passed. 19 20 MOTION PASSED (3‐0‐1‐3, Downing, Fine, and Rosenblum absent, Gardias abstained) 21 Acting Chair Gardias: So with this we're closing, we're closing this topic. Thank you very much 22 for all those that attending, that attended this hearing. I’m going to take a few minutes break. 23 We can take a break. Ok. Let’s, let’s take a five minutes break. It will allow us to regroup. 24 25 Commission Action: Commissioners Motioned to forward a recommendation of denial to City 26 Council. 27 Attachment C C:\users\ycervan\appdata\local\temp\minutetraq\paloaltocityca@paloaltocityca.iqm2.com\work\attachments\17527.doc 6/12/2015 9:09:00 AM Single-Story Height Combining District (S) Zone Guidelines The following guidelines are intended to guide City staff and decision-makers in the consideration of zone change requests for application of the Single-Story (S) Height Combining District (overlay) (S) zone. For neighborhoods in which there are no single- story deed restrictions, or where such restrictions exist yet have not been strictly adhered to, applications are to be evaluated through more rigorous use of these guidelines. However, for those neighborhoods that contain and have been developed consistent with a single-story deed restriction, these guidelines are to be treated with a greater degree of flexibility. 1. Level and Format of Owner Support An application for a Single story overlay zone map amendment should meet with "overwhelming" support by owners of affected properties. These owners must demonstrate, by providing documentation that includes a written list of signatures, an understanding that they are co-applicants in a zone map amendment request. 2. Appropriate Boundaries An application for a Single story overlay zone map amendment should be accompanied by a map indicating the address location of those owners who are co-applicants for the rezoning request. Boundaries which may correspond with certain natural or man-made features (i.e. roadways, waterways, tract boundaries, etc.) should define an identifiable neighborhood or development. These boundaries will be recommended to the Planning and Transportation Commission and City Council by the City's Zoning Administrator. 3. Prevailing Single-Story Character An area proposed for a Single story overlay zone map amendment should be of a prevailing single-story character where the vast majority of existing homes are single-story, thus limiting the number of structures rendered noncomplying by the (S) overlay. Neighborhoods currently subject to single-story deed restrictions should be currently developed in a manner consistent with those deed restrictions. Furthermore, it is desirable that homes be similar in age, design and character, ensuring that residents of an area proposed for rezoning possess like desires for neighborhood preservation and face common home remodeling constraints. 4. Moderate Lot Sizes In order to maintain equitable property development rights within a Single story overlay area compared to other sites within the R-1 zone district, an area proposed for an (S) overlay zone map amendment should be characterized by moderate lot sizes with a generally consistent lotting pattern. A moderate lot size is to be defined as 7,000 - 8,000 square feet. Attachment E From:French, Amy To:Ellner, Robin (Robin.Ellner@CityofPaloAlto.org) Subject:FW: Tracts Faircourt 3 and 4 petiion for SSO; discussed by the Planning and Transportation Commiss Date:Wednesday, May 04, 2016 8:43:00 AM I will print below to put in the packet. Please also forward this to the Planning and Transportation Commission. Thanks Robin. From: Jackie Geist [mailto:jackiegeist@sbcglobal.net] Sent: Friday, April 29, 2016 5:52 PMTo: French, AmySubject: Tracts Faircourt 3 and 4 petiion for SSO; discussed by the Planning and Transportation Commiss Dear Amy- Following the withdrawal of 1 of our original 30 signators less than 24 hours before our presentation to the Commission of our petition for the Faircourt SSO, we would like to offer and suggest new facts for their consideration. When presented, the application had the required 60% approval (since there are CCR's in place against second stories). The signatures were collected by various neighbors calling on people they know, about two weeks after written materials were distributed to every house. There was no pressure applied to the prospective signers by the collectors; if one spouse didn’t favor the petition, we calmly accepted that as a NO. We feel that the petition as originally accepted should stand as we followed City guidelines in our process. In the event that the Commission receives from the City Council the recommendation that the time frame for withdrawing a signature in favor of the SSO, which was submitted in February 2016, to be the cause for negating the application, we propose the following: We as co-applicants, would respectfully request the boundary of the overlay as requested in our original application be modified to exclude the five properties on the south side of Talisman and the one property on Lupine. Those houses are somewhat different than the rest of the Tract (44 houses) in that they all back up to houses that are not Eichlers and have no basis for experiencing any reciprocity between neighbors, i.e. to give up their ability to put a second story on their house in exchange for the neighbor accepting the same condition (since those neighbors would not be part of our SSO). If the Commission would consider our revised request, the number of homes involved is now 44. That would bring the approval signatures to 28, making a more than 63% approval ratio. The one family on the south side of Talisman, Alice and Rich Stiebel, agree with this modification in our proposal and prefer the SSO be adopted, even with their home's exclusion. Obviously we prefer the application to stand as submitted, but are willing to accept the decision of the City Council and Planning and Transportation Commission on this matter. Sincerely, Jackie Angelo Geist Roland Finston Co-Applicants for Faircourt 3 and 4 SSO