HomeMy WebLinkAboutStaff Report 2309-207010.LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for
2901-2905 Middlefield Road and Establishing a Separate Planned Community Zoning
Designation for 702 Ellsworth Place to Enable the Development of a new Single-Story,
Single-Family Residence. CEQA Status -- Categorically Exempt Under CEQA Guidelines
Sections 15061(b)(3), 15301, and 15303 (Continued from September 18, 2023)
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: November 6, 2023
Report #:2309-2070
TITLE
LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901-2905
Middlefield Road and Establishing a Separate Planned Community Zoning Designation for 702
Ellsworth Place to Enable the Development of a new Single-Story, Single-Family Residence.
CEQA Status -- Categorically Exempt Under CEQA Guidelines Sections 15061(b)(3), 15301, and
15303 (Continued from September 18, 2023)
RECOMMENDATION
Staff recommends that City Council adopt two ordinances amending Planned Community
Ordinance 2343 for 2901-2905 Middlefield Road to establish separate Planned Community
zoning designations for the existing 12-unit apartment building at 2901-2905 Middlefield Road
(Attachment A) and the undeveloped lot at 702 Ellsworth Place to enable the development of a
single-family residence (Attachment B).
BACKGROUND
The City Council held a public hearing on September 18, 2023 to consider the subject request.
Project background information is available online in the staff report prepared for that
meeting.1
The City Council, on a 5-2 vote, continued the hearing with the main motion on the table and
with direction to staff to attempt to resolve the issue of package deliveries on Ellsworth Place.
Some Councilmembers expressed interest to support the request with the following
adjustments:
•Extend the access easement to Ellsworth Place from 24-feet to 26-feet in width;
•Prohibit additional landscaping within the sight triangle at 2901 Middlefield Road;
•Delete the word ‘perceived’ from the ordinance that establishes the easement;
•Verify the accuracy of lot sizes identified in the ordinances;
1 September 18, 2023, City Council Staff Report:
https://cityofpaloalto.primegov.com/meeting/document/2722.pdf?name=Item%207%20Staff%20Report
•Provide for package delivery on 2901 Middlefield Road and coordinate with package
delivery vendors to provide drop off lockers for residents on Ellsworth Place; and,
•Extend the sight triangle at 702 Ellsworth to the southernmost corner of the property.
Staff revised the proposed ordinance based on this direction, as discussed in the Analysis
section below. Staff additionally asked the applicant to investigate if it would be beneficial to
lower a raised portion of the access drive that occurs near the property line boundary adjacent
to Middlefield Road. The applicant contacted a grading contractor and the project traffic
consultant, and both agree that the existing condition is suitable and appropriate for the site.
The raised bump condition near the sidewalk causes motorists to slow down when entering or
exiting the property. Slower traffic lessens the chance of collision or injury. Moreover, the
raised bump does not impede visual access exiting onto Middlefield Road. The City’s Office of
Transportation has similarly reviewed the condition and concurs with these findings,
conditioned upon the maintenance of vegetation in the planting strips next to the sidewalk to
ensure visibility; this requirement has been incorporated into the Site Development Regulations
(Section 5(a)) contained in both of the proposed ordinances.
Additionally, there may also be drainage-related concerns if the raised portion were lowered
but staff did not pursue that further given the safety findings above.
ANALYSIS
Responses to the City Council’s direction are provided below.
26-Foot-Wide Easement to Provide Access to Ellsworth Place
The City Council expressed preference for a 26-foot-wide easement to provide access from
Middlefield Road to Ellsworth Place.
Both PC ordinances have been revised to require additional asphalt paved sections along both
sides of Ellsworth Place, that, when combined with the existing paved area, would result in a
26-foot wide easement over the first 37 feet of Ellsworth Place. The ordinances also require the
property owners to record easements designating the additional paved sections for ingress and
egress to the other properties on Ellsworth Place.
At the time this report was prepared, the owner of 2901-2905 Middlefield Road has not
indicated agreement or support for the additional easement width request. The owner of 702
Ellsworth Place supports the request in combination with a taller front yard fence within the
sight triangle (see heading further below and Attachment C).
Landscaping Within Sight Triangles
The proposed ordinance for 702 Ellsworth Place PC already limits new impediments to a height
of one foot within the sight triangle. The City Council expressed a preference for similar
restrictions for the sight triangle on the 2901-2905 Middlefield Road. The proposed ordinance
for 2901-2905 Middlefield Road PC has been updated accordingly.
Verify the Accuracy of Lot Sizes
Staff reviewed the draft PC ordinances and found no discrepancy in the lot sizes. Staff has made
minor, non-substantive changes to the ordinances to clarify requirements regarding dimensions
and locations of the additional paved sections along Ellsworth Place, sight triangles, and parking
and loading areas.
Package Delivery & Drop Off Lockers for Ellsworth Place Residents
The applicant reports contacting UPS and FedEx and states that residential drop off containers
are not available from those companies. Efforts to contact Amazon were not successful. Staff
similarly attempted internet-based searches to see if there were coordinated residential drop
off arrangements between companies but was unsuccessful finding a solution.
The property owner for 2901-2905 Middlefield Road concludes that a community package
delivery drop box solution is not feasible and is not an approach the applicant is willing to
pursue. The property owner restates a perspective that the proposed temporary loading zone
design represents an improvement for the residents at Ellsworth Place and that the current
system that Ellsworth Place residents rely upon for their parcel delivery involves trespassing on
private property.
Staff concurs that a communal parcel drop box supported by many delivery vendors is not
practical and that the loading zone space can reasonably accommodate certain-sized delivery
trucks. For larger trucks, staff recommends a sign be posted at Middlefield Road before
accessing the private easement directing delivery trucks over 24 feet to use a designated
loading space on Sutter Avenue. The loading zone space on Sutter Avenue would occupy two
parking spaces (approximately 40 feet) and have signs and a white-painted curb restricting non-
loading zone parking. The installation of curb paint along the Sutter Avenue frontage of 2901
Middlefield for a loading zone space has been added as a new requirement to SECTION 1 item
(d) sub-item (ii) in the PC ordinance for 2901 Middlefield Road, to offset the nominal cost for a
loading zone installation. Staff recommends the installation of a sign stating “No Delivery Trucks
Over 24' long” below or above the existing ‘No Outlet’ sign located within the Middlefield right
of way between the sidewalk and Handa’s property. This has been added to SECTION 5 item (a)
sub-item (v) of the PC ordinance for 702 Ellsworth, as an exception to the ‘no new impediments
over one foot in height’ rule.
Extend Sight Triangle for 702 Ellsworth to Southernmost Property Corner
This provision has been incorporated into the PC ordinance for 702 Ellsworth Place. By
extending the sight triangle endpoint to the southernmost property corner along Middlefield
Road, the ordinance introduces further restrictions on vegetation, fences and other
impediments to one foot or less in height within the extended triangle area. This new sight
triangle area would affect approximately 14 additional feet of fence length along Middlefield to
reach the southernmost corner of 702 Ellsworth Place. The PC ordinance retains the restriction
on new impediments taller than one foot within the sight triangle.
As noted above, the owner for this property objects to the 12-inch fence height restriction
citing safety concerns and noting other properties do not have the same requirement. In
exchange for the increased easement width for this property, the owner requests approval for
a 36-inch tall wrought iron fence within the sight triangle that is set back four feet from the
sidewalk. Two design options are proposed, including one that provides an angled design to
eliminate any obstruction within six feet of the intersection of Ellsworth Place and the
Middlefield Road sidewalk. More information is available in Attachment C.
Staff notes that the municipal code does permit a 36-inch tall fence within the sight triangle.
Moreover, in consultation with the City’s Office of Transportation, a 36-inch tall fence with
openings such as wrought iron and located four feet back from the sidewalk, would not
obstruct visibility of pedestrians walking on the sidewalk or motorists entering or exiting
Ellsworth Place. Staff had supported a similar design concept when the project was reviewed by
the PTC who added the one-foot tall fence height restriction; staff carried forward the PTC’s
recommendation to the City Council when this item was considered in August.
Communications Pole Relocation on 2901 Middlefield Road
When assessing the implications of a 26-foot-wide easement on the subject property, staff
learned that the proposal to relocate the bracing for the existing AT&T pole requires
modification. To improve access to one of the planned parking spaces near the apartment
building and address bracing requirements, the existing communications pole will require
relocation. The image in Exhibit 2 attached to the 2901 Middlefield ordinance shows the
approximate location of the new communications pole and will require coordination with AT&T
for communication line trenching, removing the existing pole, and rewiring from the new pole
to the existing pole on the property line with 705 Ellsworth Place. The PC ordinance for 2901-
2905 Middlefield has been revised to require the relocation of the communications pole as
depicted in Exhibit 2 of the 2901-2905 Middlefield ordinance prior to the issuance of a building
permit for the property at 702 Ellsworth Place, at the property owner’s expense.
Construction Logistics Plan
While not typically required for new single-family home construction, given community
concerns expressed about site access and visibility, the adjacency to Middlefield Road, and that
Ellsworth residents rely on the 702 Ellsworth Place easement for ingress and egress to their
properties, staff has added a requirement that the property owner of 702 Ellsworth place
prepare a construction logistics plan for approval by the City prior to the issuance of a building
permit for the new home. The logistics plan will address construction staging, construction
worker parking, and material deliveries during site preparation and construction. It will also
include best practices for dust mitigation, stipulate permitted construction activities, hours, and
noise requirements, and include contact information for construction-related complaints.
Moreover, to offset city enforcement costs, staff recommends including a $5,000 deposit to
respond to construction-related complaints that may arise from this project. The deposit would
be replenished after reaching a certain amount specified in the ordinance, and unspent
portions refunded upon issuance of the certificate of occupancy.
FISCAL/RESOURCE IMPACT
The recommendation included with this report does not have any significant fiscal impacts but
does include conditions of approval to off-set costs associated with anticipated code
enforcement during construction and installation of some signs and street markings.
STAKEHOLDER ENGAGEMENT
Notice of the subject hearing was mailed to owners and occupants within 600 feet of the
properties, posted in the local paper, online and placed at the public information kiosk on
Martin Luther King Jr. Plaza at City Hall, in accordance with local requirements and procedures.
ENVIRONMENTAL REVIEW
Council action on this item is exempt from review under the California Environmental Quality
Act (CEQA) under CEQA Guidelines section 15061(b)(3) in that it can be seen with certainty that
minor changes to the parking configuration at 2901-2905 Middlefield Road and construction of
a single-family home will not result in a significant impact on the environment. Council action
on the PC ordinance for 2901-2905 Middlefield Road (Attachment A) is also categorically
exempt under CEQA Guidelines section 15301 (minor alterations to existing facilities). Council
action on the PC ordinance for 702 Ellsworth Place (Attachment B) is also categorically exempt
under CEQA Guidelines section 15303 (construction of a new single family residence).
ATTACHMENTS
Attachment A: Planned Community 2343 Amendment Ordinance for 2901 Middlefield
Attachment B: Planned Community Ordinance for 702 Ellsworth Place
Attachment C: Email/Letter from Nitin Handa, owner for 702 Ellsworth Place
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of
the Palo Alto Municipal Code (the Zoning Map) to Rezone the Property at 2901-
2905 Middlefield Road from Planned Community Ordinance 2343 (PC-2343) to
Planned Community Ordinance XXXX (PC-XXXX).
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
(a) On February 2, 2023, Dewey Land Company LLC (“Dewey”) and Handa Developer’s
Group/RRP (“Handa”) applied to amend Planned Community Ordinance 2343 (“PC-2343”) to
apply solely to the property at 2901-2905 Middlefield Road, APN 127-35-194, (“Middlefield
Parcel”) and rezone the property at 702 Ellsworth Place, APN 127-35-152, (“Ellsworth Parcel”)
from Planned Community to Single Family Residential (R-1).
(b) At a March 13, 2023 study session, the City Council considered the prescreening
application and indicated the project applicants should proceed with a formal PC rezoning
application to the Planning and Transportation Commission for a recommendation.
(c) On June 28, 2023, July 12, 2023, and August 9, 2023 the Palo Alto Planning and
Transportation Commission (“PTC”) held a series of public hearings to consider the application.
The PTC recommended that PC-2343 be amended to remove the Ellsworth Parcel and to adopt
two new PC ordinances to govern the Middlefield Parcel and Ellsworth Parcel, respectively, along
with a corresponding amendment to Section 18.08.040 of the Palo Alto Municipal Code (Zoning
Map).
(d) The amendment recommended by the PTC would reduce the area of the Planned
Community PC 2343 from approximately 26,386 sf to approximately 19,893 square feet to
encompass 2901-2905 Middlefield Road, a 12-unit apartment building currently owned by
Dewey, and amend the development plan for the PC to:
(i) restripe the tenant parking facility to assign four uncovered parking spaces to
meet current code requirements for tenant parking spaces,
(ii) provide a truck delivery space,
(iii) maintain trash enclosure and pickup from Sutter Avenue,
(iv) the 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield
Road shall not be obstructed by plants, fences, or other objects taller than 1 foot,
(v) add a 3’6”-wide swath of paving alongside Ellsworth Place beginning at the
Middlefield Road.
(e) The PTC recommended concurrent adoption of a companion ordinance (Ordinance No.
XXXX) to designate the remaining approximately 6,493 square foot parcel currently owned by
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Handa at 702 Ellsworth as PC, for the purpose of constructing a single-story, single-family
residence.
(f) The City Council held public hearings on September 18, 2023 and November 6, 2023 to
consider the PTC’s recommendation and additional public input, and made further amendments
to those recommendations regarding the width of Ellsworth Place, parking and loading
requirements, and the sight triangle at the northeast corner of the intersection of Ellsworth Place
and Middlefield Road, as set forth below.
(g) The Council, after due consideration of the PTC’s recommendations, finds:
(i) The site is so situated and the uses proposed for the site are of such characteristics
that the application of general districts or combining zoning districts will not
provide sufficient flexibility to allow the proposed development; the City's
conventional zoning district RM20 would not permit the existing 12 unit structure
on the proposed 0.46 acre site
(ii) Amendment to the existing Planned Community PC-2343 will provide public
benefits expected to result from the Project, including expanded ingress and
egress for the existing residences on Ellsworth Place through additional
easements, that, when combined, would result in a 26-foot wide easement over
the first 37 feet of Ellsworth Place, and the construction of an additional dwelling
unit.
(iii) The Council further finds that the Project provides public benefits, as described
above, that are of sufficient importance to make the Project, as a whole, one with
reasonable public benefit.
(iv) The existing use and improvements are generally remaining unchanged and are
compatible with existing and potential uses on adjoining sites or within the
general vicinity.
(v) The use permitted and the site development regulations are consistent with the
following Palo Alto Comprehensive Plan policies and are, on balance, consistent
with the goals and purposes of the Comprehensive Plan:
Policy L-1.1 Infill development in the urban service area should be compatible with its
surroundings and the overall scale and character of the city to ensure a
compact, efficient development pattern.
Policy L-1.2 Hold new development to the highest development standards in order to
maintain Palo Alto’s livability and achieve the highest quality development
with the least impacts.
Policy L-1.3 Ensure that new or remodeled structures are compatible with the
neighborhood and adjacent structures.
Policy L-1.4 Avoid negative impacts of basement construction for single-family homes
on adjacent properties, public resources, and the natural environment.
Policy L-1.5 Design buildings to complement streets and public spaces; to promote
personal safety, public health and well-being; and to enhance a sense of
community safety.
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Policy L-1.6 Discourage the use of fences that obscure the view of the front of houses
from the street. The use and improvements on the site are remaining
unchanged from existing conditions, which are compatible with existing
and potential uses on adjoining sites.
SECTION 2. Amendment of Zoning Map.
Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended
to rezone the certain property known as 2901-2905 Middlefield Road from PC-2343 to "PC-
XXXX.” The subject property and revised zoning designation is shown on the map labeled Exhibit
"A," attached hereto and incorporated herein by reference.
SECTION 3. Development Plan
Those certain plans entitled PROPOSED PC AMENDMENT TO PC 2343, DATED 1967, a
copy of which is attached hereto as Exhibit “B” and incorporated herein, are hereby approved
as the Development Plan for the subject property.
SECTION 4. Uses.
(a) Permitted Uses. The permitted uses within the PC boundary shall be limited to a 12-unit
apartment building: The existing apartment building shall remain on the 2901-2905 Middlefield
site within the PC boundary. Covered and uncovered parking for the tenants shall be provided in
accordance with Section 5(b) of this ordinance.
SECTION 5. Site Development Regulations.
(a) Compliance with Development Plan. All improvements and development shall be
substantially in accordance with the Development Plan, except as modified herein.
(i) A 42-inch-wide swath of asphalt paving shall be created alongside the northern
edge of Ellsworth Place beginning at the Middlefield Road curb line and extending
eastward approximately 37 feet to the location of an existing communications
utility pole guy-wire, to increase the perceived width of Ellsworth Place.
(ii) This additional paved area shall be maintained remain clear of obstructions.
(iii) Prior to final inspection of any improvements on the site, Dewey property owner
shall offer prepare and record an ingress and egress easement over this additional
paved area to the other properties on Ellsworth Place.
(iv) Any exterior changes to the apartment building or any new construction not
specifically permitted by the Development Plan or by these site development
regulations shall require an amendment to this Planned Community Zone or, if
eligible, Architectural Review approval under Section 18.76 of the Palo Alto
Municipal Code, as it is amended from time to time.
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(vi) The 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield
Road shall not be obstructed by new plants, fences, or other objects taller than 1
foot.
(vii) The property owner shall maintain vegetation at a height of 1 foot or less in the
planter strip between the Middlefield Road curb and sidewalk.
(b) Parking and Loading Requirements.
(i) One covered parking space shall be provided for each of the 12 residential
apartments. In addition, four uncovered spaces and a truck delivery space shall be
provided on the 2901-2905 Middlefield property, accessible from Ellsworth Place,
as shown on the Development Plan.
(ii) A curbside loading zone 40 feet in length shall be designated on Sutter Avenue in
front of 2901 Middlefield Road with signage and curb painting.
(iii) Property owner shall install a sign restricting the length of delivery vehicles on
Ellsworth Place to 24’ or shorter. The sign shall be placed above or below the
existing “No Outlet” sign installed in the Middlefield Road right of way, between
the sidewalk and the Ellsworth Parcel.
(iv) Property owner shall restripe the existing parking facility to assign three
uncovered parking spaces to meet current code requirements for tenant parking.
(v) To facilitate the provision of off-street parking space #16, property owner shall
relocate the existing communications utility pole and install any improvements as
required by the Director of Utilities and the Director of Planning and Development
Services to comply with parking design and safety standards.
(vi) Property owner shall be responsible for all costs associated with fulfilling the
requirements of this paragraph.
(c) Trash Enclosures and Pickup. Trash enclosures and pickup shall be maintained with access
from Sutter Avenue, and not from Ellsworth Place.
(d) Development Schedule. The parking lot restriping on 2901-2905 Middlefield Road shall
be immediately implemented upon the effective date of this ordinance. Off-street parking space
#16 shall be provided prior to issuance of building permits for the construction of the 702
Ellsworth Place residence. Construction of the improvements to Ellsworth Place the Middlefield
Parcel shall be completed within twelve (12) months of the effective date of this ordinance.
(e) Minor Variations in Project. Minor changes to the Project may be approved by the
Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for
architectural review. “Minor” changes do not include changes in land use.
SECTION 6. The City Council finds that this ordinance is categorically exempt from
review under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3)
because it can be seen with certainty that minor changes to the parking configuration at 2901-
2905 Middlefield Road and construction of a single-family home pursuant to Ordinance No. XXXX
will not result in a significant impact on the environment. The City Council finds that this
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ordinance is additional categorically exempt under Section 15301 of the CEQA Guidelines, as it
involves only minor alterations to existing facilities.
SECTION 7. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
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ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of
the Palo Alto Municipal Code (the Zoning Map) to Rezone the Property at 702
Ellsworth Place from Planned Community Ordinance 2343 (PC-2343) to Planned
Community Ordinance XXXX (PC-XXXX).
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
(a) On February 2, 2023, Dewey Land Company LLC (“Dewey”) and Handa Developer’s
Group/RRP (“Handa”) applied to amend Planned Community Ordinance 2343 (“PC-2343”) to
apply solely to the property at 2901-2905 Middlefield Road, APN 127-35-194, (“Middlefield
Parcel”) and rezone the property at 702 Ellsworth Place, APN 127-35-152, (“Ellsworth Parcel”)
from Planned Community to Single Family Residential (R-1).
(b) At a March 13, 2023 study session, the City Council considered the prescreening
application and indicated the project applicants should proceed with a formal PC rezoning
application to the Planning and Transportation Commission for a recommendation.
(c) On June 28, 2023, July 12, 2023, and August 9, 2023 the Palo Alto Planning and
Transportation Commission (“PTC”) held a series of public hearings to consider the application.
The PTC recommended that PC-2343 be amended to remove the Ellsworth Parcel and to adopt
two new PC ordinances to govern the Middlefield Parcel and Ellsworth Parcel, respectively, along
with a corresponding amendment to Section 18.08.040 of the Palo Alto Municipal Code (Zoning
Map).
(d) The amendment recommended by the PTC would remove the approximately 6,493
square foot parcel currently owned by Handa at 702 Ellsworth from PC-2343 and redesignate it
as a separate PC, for the purpose of constructing a single-story, single-family residence. The PTC
recommended the following conditions:
(i) the development plan shall include a 2’6”-wide swath of pavement alongside
Ellsworth Place beginning at the Middlefield Road curb line and extending to the
proposed walkway to the single-family residence to increase the width of
Ellsworth Place,
(ii) the 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield
Road shall not be obstructed by new plants, fences, or other objects taller than 1
foot,
(iii) the 24-foot special setback from Middlefield Road shall be observed,
(iv) the setback from the creek shall be determined by a slope stability analysis,
(v) and a 6-foot setback shall apply to the rear property line, except with respect to a
detached garage.
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(e) The PTC recommended concurrent adoption of a companion ordinance (Ordinance No.
XXXX) to reduce the area of the Planned Community PC-2343 from approximately 26,386 sf to
approximately 19,893 square feet to encompass 2901-2905 Middlefield Road, a 12-unit
apartment building currently owned by Dewey.
(f) The City Council held public hearings on September 18, 2023 and November 6, 2023 to
consider the PTC’s recommendation and additional public input, and made further amendments
to those recommendations regarding the width of Ellsworth Place and the sight triangle at the
southeast corner of the intersection of Ellsworth Place and Middlefield Road, as set forth below.
(g) The Council, after due consideration of the PTC’s recommendations, finds:
(i) The site is so situated and the uses proposed for the site are of such characteristics
that the application of general districts or combining zoning districts will not
provide sufficient flexibility to allow the proposed development; the City's
conventional zoning district RM20 would not permit the existing 12 unit structure
on the proposed 0.46 acre site
(ii) Amendment to the existing Planned Community PC-2343 will provide public
benefits expected to result from the Project, including expanded ingress and
egress for the existing residences on Ellsworth Place through additional
easements, that, when combined, would result in a 26-foot wide easement over
the first 37 feet of Ellsworth Place, an additional 5-foot long by 30-inch wide
easement on 702 Ellsworth Place, and the construction of an additional dwelling
unit.
(iii) The Council further finds that the Project provides public benefits, as described
above, that are of sufficient importance to make the Project, as a whole, one with
reasonable public benefit.
(iv) The proposed single-family residence is compatible with existing and potential
uses on adjoining sites or within the general vicinity, which are typically single-
family residences and one 12-unit apartment complex.
(v) The use permitted and the site development regulations are consistent with the
following Palo Alto Comprehensive Plan policies and are, on balance consistent
with the goals and purposes of the Comprehensive Plan:
Policy L-1.1 Infill development in the urban service area should be compatible with its
surroundings and the overall scale and character of the city to ensure a
compact, efficient development pattern.
Policy L-1.2 Hold new development to the highest development standards in order to
maintain Palo Alto’s livability and achieve the highest quality development
with the least impacts.
Policy L-1.3 Ensure that new or remodeled structures are compatible with the
neighborhood and adjacent structures.
Policy L-1.4 Avoid negative impacts of basement construction for single-family homes
on adjacent properties, public resources, and the natural environment.
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Policy L-1.5 Design buildings to complement streets and public spaces; to promote
personal safety, public health and well-being; and to enhance a sense of
community safety.
Policy L-1.6 Discourage the use of fences that obscure the view of the front of houses
from the street. The use and improvements on the site are remaining
unchanged from existing conditions, which are compatible with existing
and potential uses on adjoining sites.
SECTION 2. Amendment of Zoning Map.
Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended
to rezone the certain property known as 702 Ellsworth Place from PC-2343 to “PC-XXXX.” The
subject property and revised zoning designation is shown on the map labeled Exhibit "A,"
attached hereto and incorporated herein by reference.
SECTION 3. Development Plan
Those certain plans entitled Proposed Development Plan 702 Ellsworth, a copy of which
is attached hereto as Exhibit “B” and incorporated herein, are hereby approved as the
Development Plan for the subject property.
SECTION 4. Uses.
(a) Permitted Uses. The permitted uses within the PC boundary shall be limited to a single-
family residence.
SECTION 5. Site Development Regulations.
(a) Compliance with Development Plan. All improvements and development shall be
substantially in accordance with the Development Plan, except as modified herein.
(i) Any exterior changes to the single-family residence or any new construction not
specifically permitted by the Development Plan or by these site development
regulations shall require an amendment to this Planned Community Zone or, if
eligible, Architectural Review approval under Section 18.76 of the Palo Alto
Municipal Code, as it is amended from time to time.
(ii) The development plan shall include a 2-foot, 6-inch-wide swath of asphalt
pavement alongside the southern edge of Ellsworth Place beginning at the
Middlefield Road curb line and extending eastward approximately 42 feet to the
proposed walkway to the single-family residence, to increase the perceived width
of Ellsworth Place.
(iii) This additional paved area shall remain clear of obstructions.
(iv) Prior to final inspections for any structure on the site, Handa shall offer prepare
and record an ingress and egress easement over this additional paved area to the
other properties on Ellsworth Place.
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(v) The sight triangle at the southeast corner of the intersection of Ellsworth Place
and Middlefield Road shall extend to the southernmost corner of the property
along Middlefield Road and shall not be obstructed by new impediments taller
than 1 foot, except for the installation of an additional sign stating “No Delivery
Trucks Over 24’ long” below or above the existing ‘No Outlet’ sign located within
the Middlefield Road right of way between the sidewalk and Handa’s property.
(vi) The property owner shall maintain the vegetation in the Middlefield right of way
planting strip between the curb and sidewalk at a height no taller than 1 foot.
(vii) The 24-foot special setback from Middlefield Road shall be observed,
(viii) The setback from the creek shall be determined by a slope stability analysis, but
no less than 6 feet.
(ix) A 6-foot setback shall apply to the rear property line, except with respect to a
detached garage
(b) Logistics Plan. A logistics plan shall be submitted for City approval prior to the issuance of
a building permit for the construction of the new residence at 702 Ellsworth. The logistics plan
shall address construction staging, construction worker parking, and material deliveries during
site preparation and construction. It shall also include best practices for dust mitigation, stipulate
permitted construction activities, hours and noise requirements, and include contact information
for construction-related complaints. The property owner shall provide a $5,000 deposit to offset
City’s enforcement costs reasonably incurred in responding to construction-related complaints
that may arise from this project. If the deposit account balance falls to $1,000 or lower, the
deposit account balance shall be replenished to $5,000. Any funds remaining in the deposit
account shall be refunded to property owner upon issuance of the certificate of occupancy for
the residence.
(c) Development Schedule. Construction of the improvements to Ellsworth Place shall be
completed within twelve (12) months of the effective date of this ordinance. Construction of
other improvements shall be completed within twenty-four (24) months of the effective date of
this ordinance.
(d) Minor Variations in Project. Minor changes to the Project may be approved by the
Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for
architectural review. “Minor” changes do not include changes in land use.
SECTION 6. The City Council finds that this ordinance is categorically exempt from
review under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3)
because it can be seen with certainty that construction of a single-family home pursuant to will
not result in a significant impact on the environment. The City Council finds that this ordinance
is additionally categorically exempt under Section 15303 of the CEQA Guidelines, as it approves
construction of a new single-family residence.
SECTION 7. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
Not Yet Adopted
5
0160121_20230906_ay16
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
1
French, Amy
From:Nitin Handa <nitinhanda2001@gmail.com>
Sent:Thursday, October 19, 2023 8:35 AM
To:Stone, Greer
Cc:Lait, Jonathan; Sauls, Garrett; French, Amy; Hayes, Ken
Subject:702 Ellsworth - Alternate Proposal
Attachments:Attachment 2.pdf; Attachment 1[1].pdf; attachment 3.pdf; Letter to Council from Nitin Handa re
Fence Proposal.pdf
CAUTION: This email originated from outside of the organization. Be cautious of opening
attachments and clicking on links.
Hello Honorable Vice Chair Stone,
Me and My wife are the owners of property at 702 Ellsworth Pl.
As you know, the council members were contemplating a few options on how to resolve the issue we all face with this
property. We thought about those options and have drafted the attached proposal with 2 options to help things move
forward.
See attached letter containing these 2 options along with Pictures supporting the same. We are agreeable to either of
these 2 options.
PS ‐ This letter is being sent to all council members
Some people who received this message don't often get email from nitinhanda2001@gmail.com. Learn why this is important
1
October 19, 2023
Mayor Kou and Members of the City Council
City of Palo Alto
city.council@cityofpaloalto.org
Via Email
Re: 702 Ellsworth Place - November 6, 2023, Council Agenda
Dear Mayor Kou and Members of the City Council:
My family and I plan to build our home on 702 Ellsworth Place. After five public hearings over
eight months, including a City Council hearing on September 18, 2023, the City Council
continued the matter to November 6th with a motion on the table that included reducing my
front fence along Middlefield to just twelve inches high.
A twelve-inch high front yard fence on Middlefield Road is not really a fence that provides any
security or privacy, especially given that the existing sidewalk is 6 inches higher than the
proposed top of a 12 inch fence (set four feet back from sidewalk). I have a 4 year old son who
can easily step out to Middlefield road from this short fence. Requiring a twelve inch fence also
differs from other fences along Middlefield that are 36 inches.
The stated purpose of a twelve inch height limit was to avoid obstruction of sight lines exiting
Ellsworth Place onto Middlefield. However, as shown in the enclosed photos (Attachment 1), a
36-inch high fence set four feet back from the edge of the sidewalk does not obstruct line of
sight. This is supported by the Hexagon Transportation Consultants, Inc. memos dated April 14,
2023 and July 12, 2023 respectively, and was recommended by City staff, including
Transportation Planning Manager Slyvia Star-Lack who elaborated on this recommendation at
the July 12, 2023 Planning Commission meeting :
2
Despite this, there was some discussion about line of sight issues at the September 18 Council
meeting. In attempt to further address this while preserving some version of a 36 inch high
fence, please consider the following two alternate proposals:
Alternate Proposal A:
Allow for a 36 inch high wrought iron fence with minimum 3 inch gapping (Picture Given
Below) within the 35-foot site triangle along the Middlefield frontage, set back 4 feet
from the back of sidewalk, in exchange for increasing the offered swath of pavement
and easement offered to the neighbors fronting Ellsworth by one foot (from 18 inches
wide to 30 inches wide) alongside Ellsworth Place beginning at the Middlefield Road
curb line and extending approximately 42 feet to the proposed walkway to the single -
family residence
Or
Alternate Proposal B:
Allow for a 36-inch high wrought iron fence with minimum 3 inch gapping (Picture Given
Below) within the 35-foot site triangle along the Middlefield frontage, set back 4 feet
from the back of sidewalk, with the requirement that this fence be angled as shown in
Attachment 2. Photos of this mocked up fence design are included in Attachment 3.
Thank you for your consideration. Should you have any questions or wish to discuss I am more
than happy to meet with any of you individually either in person at the site, or by zoom.
Sincerely,
Nitin Handa and Priyanka Handa
3
Cc: Jonathan Lait, Planning Director
Amy French, Chief Planning Official
Garret Saul, Project Planner
Views approaching stop sign: Man walking.
Views approaching stop sign: Woman on bike.
ATTACHMENT 1
Photo showing angled 36” tall fence up close
Photo showing angled 36” tall fence from across drive
ATTACHMENT 2
PP
S38°00'00"W 100.00'
S47°12'00"W 101.30'
S52°00'00"E 117.11'(T)
44.50'
100.00'
44.50'
56.42'
72.61'
42'-0"
10'-0"
SB
37'-9"
18"
LOT B
127-35-152
702 ELLSWORTH
REAR YARD
(E)
4 COVERED
PARKING
SPACES
ELLSW
ORTH PLACE
BLDG.
10' X 30'
SU-30
DELIVERY
SPACE
16
(E) AC
PAVING
EXISTING
LANDSCAPING
RELOCATE CABLE
BOX FOR UTILITY
PURPOSES
B.O. SIDEWALK
(E)
FIRE
HYDRANT
20'-0"
(E) EASEMENT
30"
37'-0"
24'-0"
EASEMENT OPTION
4'-0"
16'-0"
24'-0"
SSB
6'-0"SB
14'-2"
8'-6"3'-0"
4'-0"
PAVERS
ZONE
10'-0"
6'-0"
4'-0"
RETURN
MIDDLE FIELD AVENUE 3' TALL
WROUGHT
IRON FENCE
35' SITE
TRIANGLE TYP.
(N) DRIVEWAY APRON
PER CITY STANDARD
(E) GROUND BRACE
TO BE RELOCATED
OR REMOVED BY CPA
UTILITIES.
GAS
METERS
CL
TO FIRST WIRE
ANCHOR
(N) BOLLARDS
AS NEEDED
B.O. SIDEWALK
FUTURE SINGLE
FAMILY HOME
FUTURE
DETACHED
GARAGE
ATTACHMENT 3 N