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HomeMy WebLinkAbout2000-04-17 City Council (19)TO: FROM: DATE: SUBJECT: City of Palo Alto C ty Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT APRIL 17, 2000 CMR:215:00 REQUEST OF PROPERTY OWNERS OF TRACT 883 AND TRACT 909 FOR CONSIDERATION OF SINGLE STORY OVERLAY ZONING IN THE CHANNING PARK I AND II NEIGHBORHOOD REPORT IN BRIEF A majority of the property owners of Tract 883 and Tract 909 have requested City approval of a single story overlay zone in their portion of the Channing Park neighborhood, generally along DeSoto Drive, Channing Avenue, and Alester Avenue. The City adopted a single story overlay zone (S) as part of the Zoning Ordinance in 1992 and has since applied the overlay to seyen areas in the Walnut Grove, Green Meadows, Charleston Meadows, Blossom Park, Barron Park and Meadow Park neighborhoods. In the previous seven requests from neighbors, the City Council has initiated the zone change process for subsequent review by the Planning Commission and City Council. This request from Channing Park generally meets the four criteria established by the City for applying the overlay zone to single-family neighborhoods. Survey results reported in the letter indicate strong neighborhood support (44 of 57 parcels, or 77 percent) for the application of the single family overlay zone. The proposed boundaries are logical and define an identifiable neighborhood. The homes within the proposed boundary are similar in age (1950s), design (all are Eichler homes) and character (56 of 57 homes are currently single story). The lots within the neighborhood are generally moderate in size (70 percent are between 6,000 and 8,000 square feet). CMR:215:00 Page 1 of 5 RECOMMENDATION Staff recommends that the City Council initiate and refer to the Planning Commission consideration of a single story overlay zone for the R-1 single family area shown on the attached map (Attachment A). BACKGROUND On July 13, 1992, the City Council adopted a single story overlay zone (S) as part of the Zoning Ordinance and applied the overlay to the Walnut Grove neighborhood (181 lots). On April 26, 1993, the overlay was applied to the Green Meadows neighborhood (185 lots). On January 21, 1997, the overlay was applied to Tract 795 of the Charleston Meadows neighborhood (96 lots). On September 15, 1997, the overlay was applied to Tract 840 of the Charleston Meadows neighborhood (61 lots). On November 17, 1997, the overlay was applied to Tract 709 of the Blossom Park neighborhood (16 lots). On November 16, 1998, the overlay was applied to Tract 714 and portions of Tract 4738 in the Barron Park neighborhood (20 lots) and to Tract 1722 and portions of Tract 1977 in the Meadow Park neighborhood (75 lots). The attached letter from the property owners of Tracts 883 and Tract 909 (Attachment B) requests application of the single story overlay zone to the 57 single family parcels contained in the two tracts. Survey results reported in the letter indicate strong neighborhood support (77 percent) for the application of the single family overlay zone. There are four homeowners that reside on Alester Avenue who have submitted a letter to Planning staff requesting that they not be included in the request for single story overlay rezoning. There are 7 Eichler houses on Alester and 3 non-Eichler houses which were not constructed as part of the subject neighborhood. However, the homeowners signing the letter live in Eichler houses. The request by these residents is based upon their location on the periphery of the subject subdivision tract (see Attachment C, letter dated March 11, 2000). SUMMARY OF SIGNIFICANT ISSUES The Single Story Height Combining District (S) Overlay Zone Guidelines, adopted by the City Council on December 14, 1992 (Attachment E), establish criteria to guide City staff and decision makers in the consideration of zone change requests for application of the Single Story Height Combining District (S). The Guidelines specifically state that "for 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 (than neighborhoods without the restriction)." All of the 57 homes involved in this application have a single story deed restriction (see Attachment D). All 57 lots were originally built with Eichler homes in the 1950s. Since then, only one home (758 DeSoto Drive) has been torn down and replaced and several more have been altered, but still retain the original Eichler layout and design. CMR:215:00 Page 2 of 5 The subject application was evaluated using the following criteria: Level and Format of Owner Support: An application for an (S) overlay zone map amendment should meet with "overwhelming" support by owners of the ~affected property. The application is accompanied by signed requests from 44 of the 57 properties (77 percent) within Tracts 883 and 909. Because all 57 of the homes within the neighborhood have been developed consistent with a single story deed restriction, the S Overlay Guidelines stipulate that this criterion can be treated with a greater degree of flexibility than neighborhoods without the restriction. Regardless of the deed restriction, the 77 percent rate of support can be considered overwhelming and the first criterion has been satisfied. Appropriate Boundaries: An application for an S overlay zone map amendment should be accompanied by a map indicating the address and location of those owners wh9 are co-applicants for the zoning request. Boundaries should define an identifiable neighborhood. The application is accompanied by a map showing addresses and locations of the co- applicants. The map indicates an identifiable neighborhood in a roughly trapezoidal shape that is easily defined by existing street pattems. All homes in the area front on either Channing Avenue, DeSoto Drive or Alester Avenue. Therefore, the second criterion has been satisfied. o Prevailing Single Story Character: An area proposed for an S overlay zone map amendment should be of a prevailing single story character where the vast majority of existing single homes are single story. It is desirable that homes be similar in age, design, and character. Of the 57 properties included in this application, 56 are currently single story. The home at 715 DeSoto is the only two story home within the proposed boundaries, and was approved in September 1984. All of the 57 homes have a single story deed restriction. All 57 homes were built by Eichler in the 1950s and only one has been torn down and replaced since then (758 DeSoto Avenue, approved in December 1998). The Eichler homes are all of a similar age and character. Therefore, the third criterion has been satisfied. Moderate Lot Sizes: An area proposed for an S overlay zone map amendment should be characterized by moderate lot sizes (7,000 to 8,000 square feet) with a generally consistent lotting pattern. CMR:215:00 Page 3 of 5 Of the 57 lots, ten are between 6,000 and 7,000 square feet and 30 are between 7,000 and 8,000 square feet. Of the remaining lots, six are between 8,000 and 9,000 square feet, four are between 9,000 and 10,000 square and seven are larger than 10,000 square feet. Staff believes that it is reasonable to consider the 6,000 to 7,000 square foot lots as moderate in this case because the single story guidelines provide for a greater degree of flexibility "for neighborhoods that contain and have been developed consistent with a single story deed restriction," such as this neighborhood. Therefore, 40 of the 57 lots (70 percent) can be considered moderate in size. The neighborhood has a consistent lotting pattern that is defined by three streets: Channing Avenue, DeSoto Drive and Alester Avenue.~ Therefore, the fourth .criterion can been considered to be satisfied. The subject application generally meets all four of the criteria established by the Single Story Height Combining District (S) Overlay Zone Guidelines. City initiation of the zone change process is recommended because the Tract 883 and 909 neighborhood cannot apply for the zone change without written authorization from each property owner. With some property owners expressing opposition to the zone change and others not responding to the neighborhood survey, it would not be realistic to expect the neighborhood to obtain the necessary authorizations and file the zone change request for all 57 parcels. City initiation of the zone change means that no fees would be charged. RESOURCE IMPACT City initiation of the zone change would result in no City fees being charged. POLICY IMPLICATIONS The project is consistent with the Palo Alto Comprehensive Plan and Zoning Ordinance in that the proposed single story overlay zone district would be consistent with Goal L-3, Policy L-12. Policy L-12 calls for preserving the character of residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjoining structures. ALTERNATIVES The alternatives available to the City Council include: 1) 2) Expand or contract the boundaries of the proposed overlay district; or Deny the request to initiate consideration of a single story overlay zone for the Tract 883 and 909 neighborhood. TIMELINE CMR:215:00 Page 4 of 5 If the Council elects to initiate this zoning application, staff recommends that the application be reviewed by the Planning Commission at a public hearing on May 31, 2000. Following Planning Commission review, the application will return to the City Council for a public hearing. ENVIRONMENTAL REVIEW .Should the City Council initiate review of this application, an environmental assessment will be conducted and will accompany the staff report to the Planning Commission. ATTACHMENTS Ao Co D. E. F. Location Map March 14, 2000 request from the property owners of Tracts 883 and 909 for City approval of a single story overlay zone Letter from Dr. Kevin Fisher et al dated March 11, 2000, opposing the request Copy of tract deed restriction Single Story Height Combining District (S) Overlay Zone Guidelines Map of supporters and two-story homes in the area PREPARED BY: Chandler Lee, Contract Planner DEPARTMENT HEAD REVIEW: Director of Planning and Community Environment CITY MANAGER APPROVAL: Assistant City Manager Mary and John Shaefer, 742 DeSoto Drive, Palo Alt0, CA 94303 Ann and Jack Hill, 763 DeSoto Drive, Palo Alto, CA 94303 Iris Kriegler, 1607 Channing Avenue, Palo Alto, CA 94303 Dr. Kevin Fisher, 728 Alester Avenue, Palo Alto, CA 94303 CMR:215:00 Page 5 of 5 Attachment A The City o~ Palo A1 to P L A I~I~I’N 0 DIVISION File No(s): None at this time Proposal; Resident’s request that city initiate a zone change to add a Single- Story Overlay i.e., Zone Change from R- 1 to R- 1 (S) Date: 4/17/2000 100’ 200’ d:\GloriaD~rtwork\Maps\StaffReports\DeSotaSingleStoryOverlay.ai Attachment B March 14, 2000 Planning Department Palo Alto City Hall 250 Hamilton Avenue palo Alto, CA 94301 ~F=CE~VED Oe~.~,mer~ ot Planning and Communi.’.y Environment DearSir; We, the owners of homes in Channing Park #1 and #2, are requesting a change in our zoning from an R-1 to an R-1 (S) with this application for a single story "overlay". This zoning change will be consistent with the existing CC & Rs for these Eichler neighborhood properties, which restrict residences to a single story. ¯ We have gathered the support of over 75% of our neighbors. Forty four (44) of the fifty six (56) owners have endorsed this change. It should be noted that, due to their lack of timely response, we have not included Channing Park #3. We are submitting to you, the Planning Department, a package of forty four (44) individually signed requests for a change of zoning, a list of these signers with the parcel number, owner, address, location in Channing Park #1 or #2 and lot square footage, a parcel map with the owners who signed the agreement hi-lighted and a copy of the original packetwhich included information, signature form, real estate map of Channing Park #1, #2, and #3, the Palo Alto Municipal Code covering single-story height District (S) Regulation, and the City guidelines for applicants for Overlay Zone, and the follow up question & answer packet. At the time of our initial meeting about our request for a change to R-1 (S) zoning, we gave proof of the single story limitation to Chandler Lee, a consultant to the Planning Department, with a copy of the original covenants limiting the residences to a single story for Channing Park #1, #2, and #3. We hope, with this information, you will expedite this request. Mary & John Schaefer, 742 De Soto Drive, Palo Alto, CA 94303, (650) 327-3207 Ann & Jack Hill, 763 De Soto Drive, Palo Alto, CA 94303, (650) 327-7594 Iris Kriegler, 1607 Channing Avenue, Palo Alto, CA 94303 (650) 329-0449 March 14, 2000 LIST OF CHANNING PARK 1 & 2 IN FAVOR OF SINGLE STORY "OVERLAY" PARCEL STREET NUMBER NUMBER STREET NAME ADDRESS CHANNING PK 1 OR 2 MILES, JANICE 1 7182 HALLBERG, ALAN & BERNADETTE 1 7182 LA BONTE, EDITH 1 8470 ABBOTT, BOB & CRISTIN 1 8075 AMMEN, CHRIS & ADRIENNE 1 7315 HEMRICK, CHRISTINE 1 6742 KRIEGLER, DAVID & IRIS 1 7885 ATKINSON, JOHN & NANCY 1 7125 HILL, WILLIAM & IRENE 2 10375 TAYLOR, KURT & OLSON, BETSH 2 9375 HUNG, ALEX & CHENG, JENNIFER 2 7700 BREWER, RICHARD & LILLIAN 2 7760 HWANG, WEN-JANG & JENG, DEE FEN 2 7470 LALLY, PHILIP & MARY 2 7470 SCHAEFER, JOHN & MARY 2 7470 SAVAGE, NICHOLAS 2 8190 RISING, RICHARD 2 10150 FLAMM, DAVID, STEVENSON, MARG.2’10020 OLENDER, HENRY & MARGARET 2 10500 HILL, LOY & ANNIE 2 9900 CHEN, JAIYU 2 7470 LIVINGSTON, JOHN & KORZENNY, S..2 7470 APPLEMAN, DANIEL & SOGLIN DEBBIE 2 7470 CRAMER, RICHARD & BEVERLY 2 7470 ECONOMOS, EVAN & PAMELA 2 7470 BRYANT, WALTER & MARILYN 2 7740 GOSHEN, SHMVEL & SHVLAMIT 2 8200 HOUSTEN, SAMUEL & MARY 2 7500 WINDEN, RICHARD & ANDREA 2 10000 PORTER, LEONARD 2 7030 CHOU, SYCHI & HWA, VICKY 2 6935 BRADY, ARTHUR 2 7790 BARNETT, CLIFFORD & ZELDA 2 6935 WONG, BRIAN & JO 2 6935 HAYES, EDWARD & MARIELLA 2 9600 COPENHAGEN, JOAN 2 15600 MILLMAN, PAUL & JANE 2 1700 ULLMAN, PETER & MARGARET 2 6975 MCCABE, JOHN & LEONA 2 6536 RISING, LOUISE 2 7040 RISING, RICHARD & LOUISE 2 6940 SMITH, BIRCHALL 2 7392 JENNEWEIN, JAMES & EMILY 2 6490 VAUGHT, JOHN & VERONICA 1 7480 44 003 29 005 770 ALESTER AVENUE 003 29 006 784 ALESTER AVENUE 003 29 007 798 ALESTER AVENUE 003 29 008 1629 CHANNING AVENUE 003 29 009 1621 CHANNING AVENUE 003 29 010 1613 CHANNING AVENUE 003 29 01l 1607 CHANNING AVENUE 003 29 014 1585 CHANNING AVENUE 003 29 016 718 DE SOTO DRIVE 003 29 017 722 DE SOTO DRIVE 003 29 018 726 DE SOTO DRIVE 003 29 019 730 DE SOTO DRIVE 003 29 020 734 DE SOTO DRIVE 003 29 021 738 DE SOTO DRIVE 003 29 022 742 DE SOTO DRIVE 003 29 023 746 DE SOTO DRIVE 003 29 024 750 DE SOTO DRIVE 003 29 026 758 DE SOTO DRIVE 003 29 027 762 DE SOTO DRIVE 003 29 028 763 DE SOTO DRIVE 003 29 029 761 DE SOTO DRIVE 003 29 030 759 DE SOTO DRIVE 003 29 031 "757 DE SOTO DRIVE 003 29 032 755 DE SOTO DRIVE 003 29 033 753 DE SOTO DRIVE 003 29 034 751 DE SOTO DRIVE 003 29 035 749 DE SOTO DRWE 003 29 036 747 DE SOTO DRIVE 003 29 038 743 DE SOTO DRIVE 003 29 040 739 DE SOTO DRIVE 003 29 041 737 DE SOTO DRIVE 003 29 042 735 DE SOTO DRIVE 003 29 043 733 DE SOTO DRIVE 003 29 044 731 DE SOTO DRIVE 003 29 045 729 DE SOTO DRIVE 003 29 046 727 DE SOTO DRIVE 003 29 047 725 DE SOTO DRIVE 003 29 048 723 DE SOTO DRIVE 003 29 049 721 DE SOTO DRIVE 003 29 053 713 DE SOTO DRIVE 003 29 054 711 DE SOTO DRIVE 003 29 055 709 DE SOTO DRIVE 003 29 056 707 DE SOTO DRIVE 003 29 057 705 DE SOTO DRIVE New owners are: 003-29-006 Halberg, -020 Hwang, -029 Chen, - 041 Chou. Parcel numbers are used to link this list and the signature forms. Channing Park 1 and Channing Park 2 are comingled by parcel number sequence. Square Footage fi:om Metro Scan 715 De Soto Drive is a two story house & not included in this request. SQ FT Attachment C March 11, 2000 To the City of Palo Alto Planning Department: We have become aware that there has been a petition circulated to impose a one-story overlay in our neighborhood. As our homes on Alester Ave. are not facing a definable Eichler community, and we actually are across the street from Duveneck Elementary School, we would like to be excluded or exempt from this proposed overlay should it be approved. There are 10 homes on Alester Ave., 7 of which are Eichlers. Of these only 3 have signed the overlay petition. With 20- foot rear setbacks, we are in fact 40 feet away from the homes on DeSoto drive, and do not impede their privacy. We are not inherently a part of an Eichler enclave such as DeSoto Dr. As a majority of the homes on this street are opposed to the overlay designation, we would appreciate your removing us from this restriction. Very truly yours, ~ ~ oo oz:~p Attachment D Attachment E Single-Story Hei~h,t iombinin~ District Overlav Zone Guidelines. The follow~Dg guidelines are intendad..to guide. City staff and decisionmakers in the consideration of zone change requests for application of the Single-Stor~.~ Height Combining District (S) overlay zone. For neighborhoods in which there are no single-story deed restrictions, or where such restrictions exist yeZ have not been strict!yadhered 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 great=er degree,of flexibility. i. Le’vel and Format of Owner Sumnor.t. An applicationfor an (S’) overlay zone map amendment should .meet with ,,overwhelming" support by owners of affec~e’d properties. These owners must demonstrate, by p’roviding documentation that includes a written list of signatures, an understanding that they are co- applicants in a zone map amendment request. Anmrooriate Boundaries An application for an (S) 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 boundarieswill be recommended to the Planning Commission and "-City Council by the City’S Zoning Administrator. 3.Prevailing Sinsle-Story Character An area proposed for an (S) 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 (5) overlay. Neighborhoods currently subject to siigle-sto~-Y deed restrictions should be. currently deyeloped in a manner consistent with those deed restrictions. Furthermore, it is desirable that homes be similar in age, design and Page character, ensuring zha5 residents of an area proposed for rezoning possess like desires for,n_ighborhood = preserva~ ion .~,...and face cbmmon home remodeling constraints. " Moderate Lo~ Sizes In order to maintain equitable proper~z deve!o.pmen~. "rights "within .an (S) overlay area: compared to other sites within the R-I zone district, an area proposed for an (S) overlay zone map amendment should be characterized by moderate lot sizes with a generally consistent letting par’tern. A moderate lot size is to be defined as 7,000-8,000 square feet. zi!lion. ~age 2 PALO ALTO MITb~CIPAL CODE Attachment D wall shall together not exceed one-half the maxi. mum existing width of such building. (2) Interior side yard. In cases where the existing setback is less than 2.5 meters (eight feet) but at least 1.5 meters (five leet), an existing encroachment may be extended not more than one hundred percent.of the leng~h of the existing en- croachment, but not to exceed 6.1 additional meters (twenty additional feet). (3) Street side yard. In cases where the existing side yard setback is less than 4.9 meters (sixteen feet) but at least 3.0 meters (ten feet), an existing encroachment may be extended for not more than one hundred percent of the length of the encroaching wall to be extended, but not to exceed 6.1 meters (twenty feet). (b) Subsection (a) of this section notwith- standing,, an addition shall not be permitted to encroach into a special setback, as established by the setback map pursuant to Chapter 20.08 of the Palo Alto Municipal Code (Ord~ 3905 §12, 1989: Ord..3683 §§9, 10, 15, 1986: Ord. 3536 §33, 1984: Ord. 3345 §3, 1982) 18.12.090 Reserved.1 CHAPTER 18.13 SINGLE-STORY HEIGHT COMBINING DISTRICT (S) REGULATIONS 18,13.010 Specific purposes. The single-story height combining district is intended to modify the site development regulations of the R-1 single-family residence district, to preserve and maintain single-family living areas of predominantly single-stor~ character. (Ord. 4101 [}1 (part), 1992) 1Editor’s Note: Former Section lg.12.090, Exceptions to site development regulations for home improvements and minor additions, previously codified herein and containing portions of Ordinance No. 3905 was repealed in its.entirety by Ordinafice No. 4081, 18.13.020 Applicability of regulations, The single-story height combining district may be combined with the R-1 single-family residence district (and the R-1 special residential building site combining district, if applicable) inaccord with Chapter 18.08 and’ Chapter !8.98. Where so combined, the regulations established by this chapter sha!l apply in lieu of the comparable provisions.established by Chapter 18.12 (R-I). (Ord. 4101 §1 (part), 1992) 18.13.030 Zoning map deslgnation. Areas within the single-story height combining district shall be designated on the zoning map by the symbol "S" within parentheses, following the R-1 or applicable special residential building site combining district (R-1 (650), R-1 (743), R-1 (929), or R-1 (1858)) designation with which it is combined. (Ord. 4101 §1 (part), 1992) 18.13.040 Site development regula- tions. For sites within the single-story height combining district, the following site development regulations sha!l apply in lieu of the otherwise applicable site development regulations of Chapter .18.12 (R-l): (a) Height. The maximum height shall.be 5.1817 meters (seventeen feet), as measured to the peak of the roof. (b) Habitable floor limitations. There shall be a limit of one habitable floor. Habitable floors include lofts, m~zzanines and similar areas but exclude basements. ,’ (c) Site coverage is regulated ms follows: (1) The maximum building site coverage shall be forty percent of the site area. (2) Covered patios and overhangs other- wise in compliance with all applicable laws may cover five percent of the sitz area in addition to the maximum site coverage of forty percent pre- scribed in subdivision (1) of this subsection (c). (Ord. 4101 §1 (part), 1992) 1834 Rev, Ord, Supp. 6/93 Attachment F z /