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HomeMy WebLinkAboutStaff Report 2312-2347CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, February 05, 2024 Council Chambers & Hybrid 5:30 PM     Agenda Item     7.SECOND READING: 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 (FIRST READING: December 11, 2023 PASSED 6- 0-1, Veenker absent) Consent Questions City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: February 5, 2024 Report #:2312-2347 TITLE SECOND READING: 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 (FIRST READING: December 11, 2023 PASSED 6-0-1, Veenker absent) RECOMMENDATION Adopt two Planned Community (PC) ordinances reflecting Council action December 11, 2023. EXECUTIVE SUMMARY The City Council introduced two ordinances to amend Planned Community Ordinance 2343 December 11, 2023. Consistent with direction from the City Council, staff revised the ordinances for adoption. BACKGROUND On December 11, 2023, the Council conducted a public hearing to introduce a pair of ordinances to amend Planned Community Ordinance 2343, relating to 2901-2905 Middlefield Road and a new single-family home proposed for 702 Ellsworth Place. The proposed amendments affecting 2901-2905 Middlefield Road addressed changes to configuration of the off-street parking spaces for the existing apartment building residents. The draft ordinance proposed a new loading and delivery space on Sutter Avenue and relocating one of the off- street parking spaces. A resident of Ellsworth Place expressed concern that delivery vehicles would not be able to access the existing residences on Ellsworth Place and presented an alternative design for a loading and delivery space on the property at 2901-2905 Middlefield. Council accepted that alternative over the configuration contained in the draft ordinance. The Council also discussed height limits and design criteria for a fence proposed to be constructed within the sight triangle on the 702 Ellsworth Place parcel based on pedestrian and bicycles safety and visibility considerations at the intersection of Ellsworth Place and Middlefield Road. City Council approved the proposed Planned Community ordinances for 702 Ellsworth Place and 2901-2905 Middlefield Road, with certain modifications. The modifications (bold text) and the corresponding revisions to the proposed ordinances are set forth below: 1. UPS approved delivery spot plan on Ellsworth that does not affect the footprint of the house, that provides a useable delivery spot for 10’ to 11’ wide trucks, maintains safe road circulation with Middlefield, does not remove public parking on Sutter, and to relocate the communications pole at a shared expense of the City and the property owner. Staff revised Section 5(b) of the proposed ordinance for 2901-2905 Middlefield Road as follows: (v) Property owner shall provide a 30’ x 10’ temporary loading and delivery area on Ellsworth Place adjacent to the existing apartment building. Property owner shall relocate the existing communications utility pole and guy wires 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, provided further that the City shall cover 50% of the costs to relocate the communications utility pole and guy wires. The exhibit to the proposed ordinance depicts the loading and delivery space in green located 4.5 feet from the wall per staff of the Palo Alto Utilities Gas Division request to keep this distance and provide bollards as a buffer between the delivery space and gas meters. The delivery space will be asphalt paving with paint markings, with signage as noted in the ordinance. 2. Require graded fencing that would allow visibility line of sight through 2 angles of the fence that allows adequate transparency of 3-foot fence. Staff revised Section 5(a) of the proposed ordinance for 702 Ellsworth Place as follows: (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 the 702 Ellsworth Place property line and a maximum 3-foot tall fence of a grated or similar design that maintains visibility through the sides of the sight triangle adjacent to Ellsworth Place and Middlefield Road. Though ‘grated’ is the term used in the motion, the applicant does not propose a waffle- pattern; the exhibit indicates 3-foot tall wrought iron fence as Mr. Handa presented to Council on December 11. The vertical bars of the wrought iron fence will be spaced 4” on center to provide adequate visibility. 3. Direct Staff to pursue ADA tactile markers on the sidewalk where it intersects the Ellsworth Place easement subject to approval by the Director of Public Works at the City’s expense. Staff reached out to Public Works regarding the potential placement of truncated dome surfaces on the Middlefield Road sidewalk on either side of the Ellsworth Place width. Typically, such surfaces are used for sidewalk ramps rather than even surfaces, so this is a discussion that will continue after the Council second reading of these ordinances. 4. Width of Ellsworth Place at entrance to be 26-feet wide for at least 100-feet from Middlefield Road. Staff revised Section 5(a) of the proposed 2901-2905 Middlefield Road as follows: (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 100 feet approximately 37 feet to the location of an existing communications utility pole guy-wire, to increase the width of Ellsworth Place. Staff revised section 5(a) of the proposed 702 Ellsworth Place ordinance as follows: (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 100 feet approximately 42 feet to the proposed walkway to the single-family residence, to increase the width of Ellsworth Place. Combined, these two easements increase the width of Ellsworth Place from approximately 20 feet to approximately 26 feet. The exhibits to both proposed ordinances depict these additional easement areas. 5. Parking space #16 can be removed at the discretion of the Planning Director. Staff revised section 5(b) of the proposed ordinance for 2901-2905 Middlefield Road as follows: (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. Property owner may remove parking space #16 at the discretion of the Director of Planning and Development Services. FISCAL/RESOURCE IMPACT Utilities staff provided a rough estimate of the $20,000-$25,000 for engineering and construction costs for the relocation of the communications pole, which will be split equally between the City of Palo Alto and the project applicant. 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: Revised PC Ordinance for 2901 Middlefield Road with Exhibit 1 Attachment B: Revised PC Ordinance for 702 Ellsworth Place with Exhibit 1 APPROVED BY: Jonathan Lait, Planning and Development Services Director *NOT YET APPROVED* Ordinance No. Attachment A 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 1foot, (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 1 0001_20240124_ca29 *NOT YET APPROVED*Attachment A (Ordinance No. XXXX) to designate the remaining approximately 6,493 square foot parcel currently owned by 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 December 11, 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 non- exclusive asphalt easement over a distance of approximately 100 feet extending from Middlefield Road eastward along 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. 2 0001_20240124_ca29 *NOT YET APPROVED*Attachment A 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 2901-2905 Middlefield Road from PC-2343 to "PC- XXXX.” The subject property and revised zoning designation is shown on the map labeled Exhibit "A1," 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 “B1” 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 and as depicted on Exhibit 1 attached hereto. (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 100 feet approximately 37 feet to the location of an existing communications utility pole guy-wire, to increase the width of Ellsworth Place. (ii) This additional paved area shall remain clear of obstructions. (iii) Prior to final inspection of any improvements on the site, property owner shall 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 3 0001_20240124_ca29 *NOT YET APPROVED*Attachment A 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. (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. Property owner may remove parking space #16 at the discretion of the Director of Planning and Development Services. (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 #16Property owner shall provide a 30’ x 10’ temporary loading and delivery area on Ellsworth Place adjacent to the existing apartment building. Property owner shall relocate the existing communications utility pole and guy wires 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, provided further that the City shall cover 50% of the costs to relocate the communications utility pole and guy wires. (vii) Prior to final inspection of any improvements on the site, property owner shall prepare and record public utilities easement for the relocated communications utility pole and guy wires. (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 4 0001_20240124_ca29 *NOT YET APPROVED*Attachment A 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 the Middlefield Parcel shall be completed within twelve (12) months of the effective date of thisordinance. (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 ordinance is additional categorically exempt under Section 15301 of the CEQA Guidelines, as it involves only minor alterations to existing facilities. SECTION 7. its adoption. This ordinance shall be effective on the thirty-first day after the date of INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ City Clerk ____________________________ Mayor APPROVED AS TO FORM:APPROVED: ____________________________ Chief Assistant City Attorney ____________________________ City Manager ____________________________ Director of Planning and Development Services 5 0001_20240124_ca29 EXHIBIT 1 HAYES GROUP ARCHITECTS, INC. 2657 SPRING STREET REDWOOD CITY, CA 94063 P: 650.365.0600 F: 650.365.0670 www.thehayesgroup.com PROJECT ADDRESS: 2901-2905 MIDDLEFIELD ROAD PALO ALTO CA, 94306 3'-6" (N) NONEXCLUSIVE INGRESS/EGRESS EASEMENT /ASPHALT PAVING 20'-0" (E) INGRESS/EGRESS EASEMENT 14 15 (N) PARKING SPACE TYP(E) TRASH AREA ISSUANCE: 16 13 (E) AC PAVING NO. DESCRIPTION: PTC SUBMITTAL DATE: (E)07.26.2023 8 COVERED PARKING SPACES 2901 CITY COUNCIL MODIFICATIONS PROPOSED 12.14.2023 01.10.2024702 ELLSWORTH PLACE (E)PC ORDINANCE 2901 2905 MIDDLEFIELD AVE 4 COVERED PARKING SPACES 4'-6" LOT A 127 35 194 GAS METERS LOT B 127 35 152 BOLLARDS BLDGBLDG (N) COMMUNICATION POLE AND GUY WIRE. 10'X30' TEMPORARY DELIVERY AND UNLOADING SPACE MARKED IN PAINT ON THE ASPHALT. DRAWING CONTENT 2901-2905 Middlefield PC Ordinance Site planEXISTING LANDSCAPING STAMPB.O. SIDEWALK 02.28.2ꢀMIDDLEFIELD ROAD 26'-0" (N) DRIVEWAY APRON PER CITY STANDARD CABLE BOX RELOCATED JOB NUMBER: 2202.00 SCALE: AS NOTED DRAWN BY: LB All drawings and written materials contained herein constitute the original& unpublished work of the Architect and the same may not be duplicated, used or disclosed without the written consent of the Architect. ©Hayes Group Architects, Inc. DRAWING NUMBER A2.52901-2905 MIDDLEFIELD PC ORDINANCE SITE PLAN 1SCALE 3/32" = 1'-0" *NOT YET APPROVED* Attachment B 1 0002_20240124_ca29 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 *NOT YET APPROVED* Attachment B 2 0002_20240124_ca29 to a detached garage. (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- December 11, 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 non- exclusive asphalt easement over a distance of approximately 100 feet extending from Middlefield Road eastward along 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. *NOT YET APPROVED* Attachment B 3 0002_20240124_ca29 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. 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 1," 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 “B1” 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 story single- family residence with no basement. 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 and depicted in Exhibit 1 attached hereto. (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 100 feet approximately 42 feet to the proposed walkway to the single-family *NOT YET APPROVED* Attachment B 4 0002_20240124_ca29 residence, to increase the 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 prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place. (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 the 702 Ellsworth Place property line and a maximum 3-foot tall fence of a grated or similar design that maintains visibility through the sides of the sight triangle adjacent to Ellsworth Place and Middlefield Road. (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. *NOT YET APPROVED* Attachment B 5 0002_20240124_ca29 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. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Chief Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services 02.28.25 A2.6 HAYES GROUP ARCHITECTS, INC. 2657 SPRING STREET REDWOOD CITY, CA 94063 P: 650.365.0600 F: 650.365.0670 www.thehayesgroup.com DRAWING CONTENT DRAWING NUMBER All drawings and written materials contained herein constitute the original & unpublished work of the Architect and the same may not be duplicated, used or disclosed without the written consent of the Architect. © Hayes Group Architects, Inc. DRAWN BY: SCALE: JOB NUMBER: STAMP ISSUANCE: PROJECT ADDRESS: 702 Ellsworth PC Ordinance Site plan AS NOTED 2202.00 LB Da t e : 1 / 8 / 2 4 Fil e N a m e : E l l s w o r t h H o u s e _ B I M _ A R C H NO. DESCRIPTION: DATE: PTC SUBMITTAL 07.26.2023 2901 CITY COUNCIL MODIFICATIONS 12.14.2023 PROPOSED PC ORDINANCE 01.08.2023 PP N4 9 ° 2 0 ' 0 0 " E 8 6 . 0 8 ' N52°00'00"W 130.67' S4 7 ° 1 2 ' 0 0 " W 1 0 1 . 3 0 ' S52°00'00"E 117.11'(T) 80.67'50.00' 44.50' 2'-6" (N) NONEXCLUSIVE INGRESS/EGRESS EASEMENT /ASPHALT PAVING 26'-0" (N) DRIVEWAY APRON PER CITY STANDARD 10'-0" 4'-0" FROM B.O. SIDEWALK 4'-0"RETURN LOT A 127-35-194 LOT B 127-35-152 702 ELLSWORTH FR O N T Y A R D (E) 4 COVERED PARKING SPACES (E) 8 COVERED PARKING SPACES 13 14 15 MA T A D E R O C A N A L BL D G . BLDG. BLDG. (E) TRASH AREA TANDEM (N) PARKING SPACE TYP. (E) AC PAVING EXISTING LANDSCAPING B.O. SIDEWALK (E) FIRE HYDRANT 2901-2905 MIDDLEFIELD AVE. LOT B 127-35-152 702 ELLSWORTH PLACE N52°00'00"W 229.20'(T)50.00'78.28'44.50' S3 8 ° 0 0 ' 0 0 " W 1 0 9 . 8 7 ' S3 8 ° 0 0 ' 0 0 " W 1 0 9 . 8 7 ' 10 0 . 0 0 ' 56.42' 72.61' 20'-0" (E) INGRESS/EGRESS EASEMENT 6'-0" FROM B.O. SIDEWALK SU T T E R A V E N U E MIDDLEFIELD ROAD EL L S W O R T H P L A C E 3' TALL FENCE WITH VERTICAL WROUGHT IRON BARS. PROPERTY LINE TYPICAL STANDARD CITY REQUIRED 35' SITE TRIANGLE TYP. SCALE 3/32" = 1'-0" 702 ELLSWORTH PC ORDINANCE SITE PLAN 1 702 ELLSWORTH PLACE PALO ALTO CA 94306 N S3 8 ° 0 0 ' 0 0 " W 1 0 0 . 0 0 ' EXHIBIT 1 Dear Mayor and Council Members, On behalf of City Manager Ed Shikada, please see staff responses below for the Monday, February 5 Council Meeting. Item 7: SECOND READING: 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 (FIRST READING: December 11, 2023, PASSED 6-0-1, Veenker absent) Mayor Stone and Vice Mayor Lauing submitted the following points provided by a community member and requested staff to review and respond. 1. Staff removed from the approved ordinance of December 11, 2023, the following underlined phrase, as written in Attachment B, Section 5 (a) (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…“ This underlined phrase was included as a safety measure for how Ellsworth Place intersects with Middlefield Road and the ability of drivers and pedestrians alike to be visible to one another. It was not removed by the Council motion of December 11, 2023, and therefore needs to remain in the ordinance with the Attachment B, Exhibit 1 map corrected accordingly. Staff response: Staff thoroughly reviewed the meeting video and worked with the applicants to revise the ordinances and drawings to reflect the Council’s motion. Our responses to her comments are below, along with references to the relevant times these issues are discussed in the YouTube video of the Council meeting. Regarding the revisions to the sight triangle/driveway regulations (Section 4(g)(v) of the 702 Ellsworth Place PC ordinance) the Council considered and did not accept the greater driveway setback requirements. The Council's comments on the motion reflect an intent to accept a "hybrid" of two proposals presented by the applicant to the Council on December 11, 2023, which depicted a standard 35-foot sight triangle and a 3-foot-tall fence, as shown in Exhibit 1 to the 702 Ellsworth Place PC ordinance. See: • Presentation by applicant 1:04:19-1:07:45 • Public comment 1:19:50-1:22:00 • Council Discussion 2:19:20-2:26:35 • Motion by Kou on driveway setbacks (also referral back to PTC) failed for lack of 2nd 2:40:30-2:43:40 • Motion by Burt 2:46:50-2:49:20 2. Even though Pat Burt in making the final motion specifically pointed out that the proposed wrought iron fence with 4” spaced bars wouldn’t achieve the goal of a transparent fence, this very wrought iron fence design remains in the ordinance, as explained on page 3 of the staff report. That wrought iron fence design is even mandated in the map (which was prepared by the applicant) attached as EXHIBIT 1 to the ordinance for 702 Ellsworth. We suggest having the EXHIBIT 1 map say “Fence meeting transparency requirements”, to have it match the motion. Staff response: Regarding the fence design, the Council's motion and comments on the motion do not prescribe a specific design but rather a performance standard, i.e., that the fence provide adequate visibility between the Ellsworth Place driveway and the sidewalk along Middlefield Road. See: • Motion by Burt 2:47:30-2:49:20 3. A requirement was left in, recorded in Attachment A, Section 5 (b) (iii) and at Attachment B, Section 5 (a) (v), that a new sign be posted banning delivery trucks longer than 24’ from Ellsworth. That sign requirement was added when staff proposed the delivery space be on Sutter, which the Council motion then overruled. Since one of the key objectives of the Council’s action was to make it possible for delivery trucks to park on Ellsworth and not impact public parking on Sutter, there’s no reason for the sign banning delivery trucks on Ellsworth. Furthermore, this sign directly impacts the value of homes on Ellsworth Place, as rightfully pointed out by Lydia Kou during the December 11, 2023 Council meeting. All homeowners and residents of Ellsworth, including the applicants, will benefit by removing this sign requirement. To be consistent with the council motion, the sign requirement should therefore be removed. Staff response: Regarding the sign prohibiting delivery trucks longer than 24 feet (Section 5(b)(iii) of the 2901-2905 Middlefield Road PC ordinance), neither the motion nor the Council discussion contains anything to suggest the Council intended to modify that provision. The Council's motion does accept the "UPS-approved delivery space" proposed during by the neighbor during public comment, the Council did not address that sign provision during the hearing. The applicant did not request any modifications to that provision. The public comment acknowledges that provision but does not request any modifications and further stated that UPS and other daily delivery trucks are 14 to 18 feet long and 10 feet wide. Staff recommends retaining the sign requirement because trucks greater than 24' long would have a difficult time performing turnaround maneuvers in the 26-foot-wide Ellsworth Place driveway. See: • Public comment 1:15:00-1:15:50 • Public comment 1:16:45-1:19:50