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Staff Report 2402-2602
City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: March 4, 2024 Report #:2402-2602 TITLE Public Hearing: Second Reading Planned Community Ordinances for 2901 Middlefield Road and 702 Ellsworth Place. CEQA Status – Categorically Exempt RECOMMENDATION Staff recommends City Council: (1) Adopt the draft ordinances amending the Planned Community Ordinance 2343 to rezone 2901-2905 Middlefield Road and 702 Ellsworth Place as prepared for the February 5, 2024 City Council meeting; or (2) Consider further amendments to site development regulations contained in the draft ordinance affecting 702 Ellsworth Place related to the sight distance triangle, fence design, and posted sign restricting the size of delivery trucks on Ellsworth Place EXECUTIVE SUMMARY This is the second reading of two ordinances for Planned Communities (PC), originally scheduled for February 5, 2024 (Attachments A and B). The staff report from the Council Packet February 5, 2024 item #7 is provided as Attachment C. The ordinances were agendized as consent items, and then removed for debate and discussion by a majority of the Council, consistent with Section 2.04.270(c) of the Municipal Code. Additional public correspondence received in advance of the February 5, 2024 Council meeting is included as Attachments D and E. BACKGROUND This report summarizes feedback from members of the community, as well as a revision requested by the property owner of 702 Ellsworth Place, received after the publication of proposed ordinances amending Planned Community ordinance PC-2343 (Attachments A and B). On December 11, 2023, City Council conducted a public hearing introducing two ordinances amending Planned Community ordinance PC-2343 to allow for the development of a new single-family residence at 702 Ellsworth Place. This was the Council’s third public hearing related to the project. After extensive discussion, the Council approved the ordinances with additional modifications as requested by the property owner of 702 Ellsworth Place and based on a neighbor’s submittal of a revised delivery space location on the 2901-2905 Middlefield Road parcel. The staff report for the February 5, 2024 Council agenda item 7 is provided as Attachment C. Residents of Ellsworth Place expressed concern that revisions to the proposed ordinances did not accurately reflect the Council’s motion in three respects: •The fence design for the 702 Ellsworth Place parcel, •The City‘s standard sight distance triangle on the 702 Ellsworth Place parcel, and •The signage requirement within the City’s Middlefield Road right of way to prohibit delivery trucks longer than 24 feet. Staff provided responses in advance of the February 5, 2024 Council agenda (Attachment D). The responses include references to the video recording of the Council’s discussion posted on the City of Palo Alto YouTube channel. ANALYSIS Staff provided responses to the Council questions received from Mayor Stone and Vice Mayor Lauing the week prior to the February 5, 2024 second reading; these responses, found online, are provided as Attachment D to this report. Staff reviewed the meeting video of December 11, revised the ordinances and drawings (with the applicant’s architect) to reflect the Council’s motion, and provided references to the relevant times these issues were discussed in the YouTube video of the December 11 Council meeting. The staff responses are provided below, using an excerpt of the image from the alternative exhibit for the 702 Ellsworth Place parcel. 1.Fence Design/Alternative Exhibit for 702 Ellsworth Place PC 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. The ordinance in the February 5, 2024 Council packet already referred to the council motion and did not mention a wrought iron fence. Subsequently, the property owner of 702 Ellsworth Place provided a revised drawing (after Attachment B, Exhibit 1) that no longer specifies a wrought iron fence design to address the neighbor’s concern regarding the fence material. 2.Exhibit Unchanged – Standard City Site Triangle 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: o Presentation by applicant 1:04:19-1:07:45 o Public comment 1:19:50-1:22:00 o Council Discussion 2:19:20-2:26:35 o Motion by Kou on driveway setbacks (also referral back to PTC) failed for lack of 2nd 2:40:30-2:43:40 o Motion by Burt 2:46:50-2:49:20 2. 3.Sign Installation Within City Right of Way to Prohibit Larger Trucks 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 had recommended 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 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: Proposed ordinance amending Section 18.08.040 of the Palo Alto Municipal Code (Zoning Map) to rezone the property at 2901-2905 Middlefield Road from Planned Community Ordinance 2343 to Planned Community Ordinance-XXXX Attachment B: Proposed ordinance amending Section 18.08.040 of the Palo Alto Municipal Code (Zoning Map) to rezone the property at 702 Ellsworth Place from Planned Community Ordinance 2343 to Planned Community Ordinance-XXXX Attachment C: Staff report from February 5, 2024 Council Packet Attachment D: Staff response to Councilmember Questions Attachment E: Written public comments received after publication of packet for February 5, 2024 APPROVED BY: Jonathan Lait, Planning and Development Services Director *NOT YET APPROVED* Attachment A 1 0001_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 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 *NOT YET APPROVED* Attachment A 2 0001_20240124_ca29 (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. *NOT YET APPROVED* Attachment A 3 0001_20240124_ca29 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 *NOT YET APPROVED* Attachment A 4 0001_20240124_ca29 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 *NOT YET APPROVED* Attachment A 5 0001_20240124_ca29 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 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 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: ____________________________ ____________________________ Chief Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services 02.28.2 A2.5 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: 2901-2905 Middlefield PC Ordinance Site plan AS NOTED 2202.00 LB Da t e : 1 / 1 0 / 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°12 '00 " W 1 0 1 . 30 ' S52°00'00"E 117.11'(T) 80.67'50.00' 44.50' 3'-6" (N) NONEXCLUSIVE INGRESS/EGRESS EASEMENT /ASPHALT PAVING 26'-0" (N) DRIVEWAY APRON PER CITY STANDARD LOT A 127-35-194 LOT B 127-35-152 702 ELLSWORTH FR O N TYAR D (E) 4 COVERED PARKING SPACES (E) 8 COVERED PARKING SPACES 13 14 15 M A 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 CABLE BOX RELOCATED B.O. SIDEWALK 16 2901-2905 MIDDLEFIELD AVE. LOT B 127-35-152 702 ELLSWORTH PLACE LOT B 127-35-152 702 ELLSWORTH PLACE N52°00'00"W 229.20'(T)50.00'78.28'44.50' S38°0 0 '00"W 1 09 . 8 7' S3 8 ° 0 0 ' 0 0 " W 1 0 9 .87 ' 10 0 . 00 ' 56.42' 72.61' PP FRONTYAYY RD 13 (E) TRASH AREA TATTNDEM EXISTING LANDSCAPING 16 15 (N) PAPPRKING SPAPPCE TYP. 14 (E) 4 COVERED PAPPRKING SPAPPCES BLDG. LOT A 127-35-194 BLDG. BLDG. (E) 8 COVERED PAPPRKING SPAPPCES 2901-29905 MIIDDLEFIELDD AVAAE. N52°00'00"WWWW 229.22220'(T)50.00'78.28'44.50' S38°00'00"W 109.87' S38°00'00"W 109.87' 100.00' 4'-6" 20'-0" (E)INGRESS/EGRESS EASEMENT 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 GAS METERS BOLLARDS STANDARD CITY REQUIRED 35' SITE TRIANGLE TYP. (N) COMMUNICATION POLE AND GUY WIRE. 10'X30' TEMPORARY DELIVERY AND UNLOADING SPACE MARKED IN PAINT ON THE ASPHALT. SCALE 3/32" = 1'-0" 2901-2905 MIDDLEFIELD PC ORDINANCE SITE PLAN 1 2901-2905 MIDDLEFIELD ROAD PALO ALTO CA, 94306 01.10.2024 N S3 8 °00'0 0"W 1 00 . 00' EXHIBIT 1 *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' S47 ° 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' S38 ° 0 0 ' 0 0 " W 1 0 9 . 8 7 ' S38 ° 0 0 ' 0 0 " W 1 0 9 . 8 7 ' 100 . 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 S38 ° 0 0 ' 0 0 " W 1 0 0 . 0 0 ' EXHIBIT 1 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 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 7 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 From:Nat Fisher To:Council, City Subject:702 Ellsworth Place item on consent today Date:Monday, February 5, 2024 12:46:36 PM Some people who received this message don't often get email from sukiroo@hotmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, City Staff have changed line item 2 of the approved motion of December 11, 2023, and they have chosen to avoid line item 3 via deferral. Neither of these points respects the Council motion. Please vote to remove item 7 from the agenda on February 5, 2024, and fix the language of the ordinance to maintain the safety measures approved by the Council. Thank you. Ellsworth Place Resident Natalie Fisher 7 From:Annette Glanckopf To:Council, City; Clerk, City Subject:Ellsworth Place Date:Monday, February 5, 2024 11:12:43 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Council Members. After reading the Ellsworth Place neighbors slide deck for tonight, I request that you pull agenda item #7 from consent and make sure the final approvals are what council moved. The Ordinance needs to match the motion as approved by the City Council. The staff write up was far too liberal in their interpretation and does not match your original decision. Items that were changed from the council motion in the staff report that need to be amended are 1) Delivery trucks: Make sure the wording allows truck delivery on Ellsworth and remove the sign banning trucks over 24 feet. 2) Fencing: I agree with the neighbors that the proposed fencing does not allow "adequate transparency", and the fence placement & height differ from both the motion and "CPA Transportation requirements." 3) Amend the ordinance to state that the 26' road must be "matching, driveable asphalt to the existing road" and may not use any kind of pavers. 4) Revise wording to refer to Ellsworth Place as its legal definition of a "private street" and not as a "driveway". I have a concern about the major changes (and interpretation of council motions) from staff in ordinance. Thank you for pulling this item and correcting the ordinance to reflect the council motion. Annette Glanckopf From:Robert Chen To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Ordinance Differs From Motion - Ellsworth Place Date:Sunday, February 4, 2024 9:12:28 PM Some people who received this message don't often get email from chaoqiangc@hotmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor, Vice Mayor, and members of the City Council, Regarding Council Meeting on February 5, 2024, Agenda Item #7: How can the City Staff change the motion? This is not right. As elected Council members I ask you to fix this. Remove Agenda Item 7 from February 5, 2024. Sincerely, Chaoqiang Chen Ellsworth Pl residence From:Jeff Levinsky To:Council, City Subject:Problems with Item #7 (Ellsworth Place) on Monday’s Consent Calendar Date:Sunday, February 4, 2024 8:40:19 PM Some people who received this message don't often get email from jeff@levinsky.org. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Councilmembers: The ordinances for Ellsworth Place on tomorrow’s consent calendar unfortunately do not match what you approved on December 11, 2023. Here are two significant problems: The 702 Ellsworth Sight Triangle The sight triangles are the area at the corners of Middlefield and Ellsworth in which plants and such must be kept low so that drivers, bicyclists, and pedestrians can see each other. On December 11, 2023, you approved the new PC ordinance for 702 Ellsworth, which specified that the site triangle for 702 Ellsworth shall “extend to the southernmost corner of the property along Middlefield Road.” But the proposed ordinance for February 5, 2024: significantly narrows the sight triangle to just 35 feet across the Middlefield frontage. Nothing in the Council motion of December 11 changed the size of the sight triangle. The staff report for February 5 contains not one word discussing why staff then made this major change. Additional comments subsequently produced by staff attempt to justify the change by noting that a different motion on December 11 seeking to further enlarge the triangle (and make other changes) failed, but that does not mean the Council somehow agreed to instead significantly shrink the sight triangle. If anything, the fact that the Council rejected a motion that would have altered the sight triangle means Council clearly knew it could do so and opted not to. Given that the proposed ordinance does not match the safer sight triangle that was in the ordinance when the Council approved it in December, the item should be pulled from the consent calendar and the sight triangle size restored to how the Council left it. The Wrought Iron Fence Council discussed on December 8, 2023 the proposed wrought iron fence to be installed both on the southern side of Ellsworth and the southern portion on Middlefield. During the hearing, the Council noted that one will have to see through two fence sections simultaneously and the proposed wrought iron fence would not work. The proposed ordinances on the February 5 consent calendar however retain essentially what the Council rejected. The proposed spacing of vertical rails every 4 inches is hardly different from the industry standard for wrought iron fences of 3.875 inches. No drawing or study is presented in either the February 5 staff report nor its subsequent comments to verify how the 4 inch spacing will solve the visibility problem. But having the proposed ordinance now include an exhibit that requires the fence be made of wrought iron removes the possibility of the City mandating better solutions should the 4 inch wrought iron prove no better than what Council already rejected. The exhibit language should be modified to not require a wrought iron fence but instead one of adequate transparency (it currently does not). Over the years, poorly-written PC ordinances have caused the City and its residents considerable grief, so it’s best to fix these problems now when they’re spotted. So again, please pull this item off consent. Thank you, Jeff Levinsky From:Andrea Eyestone To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Staff Watered Down Council Motion for Ellsworth Place Safety Date:Sunday, February 4, 2024 8:03:02 PM Some people who received this message don't often get email from aeyestone3@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Regarding Item #7 Ellsworth - Council Meeting - February 5, 2024 Dear Palo Alto City Council, For the safety of ALL children and pedestrians who traverse Middlefield Road near Ellsworth Place, please remove agenda item #7 from the 2nd reading this coming Monday, February 5, 2024. The line of sight triangle, fence placement, fence type, and fence height as stated in the ordinance for 702 Ellsworth Place do not match the motion of December 11, 2024. Ellsworth Place neighbors have repeatedly stated we need to see over to Matadero Creek when exiting Ellsworth Place, and the ordinance language and/or EXHIBIT 1 map as attached to this ordinance, will allow for a 4-foot high fence near the creek, made from wrought iron, which is not transparent when looking through it through two layers of fencing. This is very unsafe and goes against the approved motion. Please vote to remove agenda item #7 from Monday night’s meeting. Kindly, Andrea Alberson From:Chin Chong To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Cc:Kristen Van Fleet Subject:Ellsworth ordinance has big problems Date:Sunday, February 4, 2024 6:11:50 PM [Some people who received this message don't often get email from chin18881@hotmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Hi Palo Alto Council, City Staff should not go around the council’s motion! This is not right. Please pull item #7 and have staff fix it to what you asked for!!! Thanks! Regards, Chin Chong Sent from my iPhone From:On Chong To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Cc:Kristen Van Fleet Subject:The 702 Ellsworth Ordinance Differs from the motion Date:Sunday, February 4, 2024 6:03:38 PM [Some people who received this message don't often get email from on18881@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear council, Regarding Agenda item #7 Ellsworth for city council meeting on February 5,2024. Please pull agenda item 7 as it does not match the council’s motion. Sincerely, On Chong Sent from my iPhone From:jake.black127@gmail.com To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Please Remove Ellsworth Pl Agenda Item #7 from February 5, 2024 Date:Sunday, February 4, 2024 4:39:38 PM Some people who received this message don't often get email from jake.black127@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. - Regarding Item #7 Ellsworth Ordinance - Council Meeting, February 5, 2024 Dear Mayor Stone, Vice Mayor Lauing, and Members of the City Council, I am writing to request that the council refrain from voting on the approval of agenda item #7 (Ellsworth Place) while further considerations are taken. When rezoning a planned community district I hope that precedent, and benefit for all stakeholders (beyond real estate speculators) are taken into account. I am concerned that rushing into a vote on a proposal that disagrees with the motion of December 11, 2023 on the matter is not in the best interest of the community. Specifically, what would prevent other developers from splitting out parcels of property meant to service their tenants in private transactions to yield more single family homes? I understand that the city is expected to provide on the order of thousands of additional residences in coming decades and do not see how simply bending planned community ordinance to extract the profit of a few more single family homes sets a reasonable precedent. I argue that if the city council is re-evaluating a planned community that is part of a private street, the precedent and all current provisions should be taken into account. This includes unit per acre density and adequate two way vehicle ingress / egress. Thank you for your public service. Warmly, Jake Margolis From:Yogabear23 To:Council, City; yogabear23; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Veenker, Vicki Subject:Please Pull Agenda Item #7 From the Ellsworth Ordinance on 2/5/24 Date:Sunday, February 4, 2024 4:23:38 PM Some people who received this message don't often get email from yogabear23@aol.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor Stone and Members of the City Council, Please pull Agenda Item #7 from the second reading of the Ellsworth Ordinance on February 5, 2024. Ensure the safety of all who walk, drive, or bike along Middlefield Road as it crosses Ellsworth Place. The Palo Alto City Staff made changes to the "line of sight" triangle that were not approved on December 11, 2023. They did not implement "adequate fence transparency" along Middlefield Road between Ellsworth Place and Matedero Creek. I ask that this misinterpretation be corrected at the February 5 City Council Meeting. Thank you for your service to the City of Palo Alto. Respectfully, Carolyn V. Garbarino From:Jessica Sheldon To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Major Issues with Agenda Item #7 - February 5, 2024 Date:Sunday, February 4, 2024 2:54:08 PM Some people who received this message don't often get email from sheldon.jes@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Regarding Item #7 Ellsworth - Council Meeting - February 5, 2024 Dear Mayor Stone and City Council Members, Please take a good look at what City Staff has written in the ordinance for 702 Ellsworth Place and compare it to the motion of December 11, 2023, as they do not match. Therefore, the ordinance needs to be corrected before being passed into City law. Thank you, Jessica Sheldon 718 Ellsworth Place From:Robyn Ziegler To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Ellsworth Ordinances - City Staff Did Not Follow Your Motion Date:Sunday, February 4, 2024 2:41:02 PM Some people who received this message don't often get email from robynanne65@yahoo.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clickingon links. Regarding Item #7 Ellsworth Place: City Council Meeting February 5, 2024 Dear Mayor Stone and City Council, I was quite surprised to learn that the Palo Alto City staff did not follow the motion you approved in the creation of the ordinance for Ellsworth Place (agenda item 7), and instead chose to remove very important safety measures. As our Palo Alto elected officials, you are in a position to reverse the inconsistencies. Please vote to pull agenda item 7 and direct staff to make it match the original motion. Thank you in advance for your support, Robyn Ziegler 730 Ellsworth Place Palo Alto From:sel lightahead.com To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Ellsworth Safety Ordinance Concerns Date:Sunday, February 4, 2024 11:19:28 AM Some people who received this message don't often get email from sel@lightahead.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Regarding Item #7 Ellsworth - Council Meeting - February 5, 2024 Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, For the safety of Midtown residents and all who drive or otherwise traverse by Ellsworth Place along Middlefield Road, we ask you to please pull agenda item #7 so that the ordinance can be corrected to what the prior City Council motion required. The Council motion seeks to address the serious safety problems related to the line of sight and fencing at the proposed property, but the ordinances do not match the motion of December 11, 2023. I look forward to seeing the corrected materials Sincerely, Susan E. Light, MD From:Charlie Effinger To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Issue with Agenda Item #7 for February 5, 2024 Date:Sunday, February 4, 2024 10:18:24 AM Some people who received this message don't often get email from charlie.effinger@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Re: Item #7 Ellsworth - Council Meeting - February 5, 2024 Dear Mayor Stone and Members of the City Council, Please take a deeper look at what City Staff has written in the ordinance for 702 Ellsworth Pl. It does not match the final motion of December 11, 2023 and therefore the ordinance needs to be corrected before being passed into City law. Thanks, Charlie Effinger - 718 Ellsworth Pl From:Tsing Xue To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Ellsworth Agenda Item 7 Has Issues - Please Pull It For Correction Date:Sunday, February 4, 2024 9:54:14 AM Some people who received this message don't often get email from tsingxue@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor Stone and members of the City Council, A couple of important items were overlooked in the making of the motion on December 11, 2023. These issues have a direct impact on neighborhood safety and also on my property value. I ask that agenda item #7 be removed from the 2nd reading it is scheduled for on February 5, 2024, so it can be corrected to what the council’s motion states, as well as to address the overlooked issue of removing the sign that bans delivery trucks on Ellsworth. Please pull agenda item 7 and get the ordinance corrected before making it a CPA law. Too much is at stake! Sincerely, Tsing Xue 729 Ellsworth Pl. From:vnkurra@yahoo.com To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:The 702 Ellsworth Ordinance Needs Corrections Date:Sunday, February 4, 2024 4:40:28 AM Some people who received this message don't often get email from vnkurra@yahoo.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Regarding Agenda Item #7 Ellsworth Ordinance - Council Meeting of February 5, 2024 Dear Mayor Stone and members of the City Council, City Staff has misinterpreted the City Council motion of December 11, 2023, and that is not how a democratic process is supposed to work. The ordinance written for 702 Ellsworth Place differs from the motion. Here is your chance to fix it by pulling agenda item #7 from the 2nd reading scheduled for Monday night’s meeting. Sincerely, Venkata From:Chin Chong To:Council, City Cc:Burt, Patrick; Kou, Lydia; Lythcott-Haims, Julie Subject:Ellsworth Ordinance Has Big Problems - February 5, 2024 Date:Sunday, February 4, 2024 1:09:11 AM Some people who received this message don't often get email from chin18881@hotmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Palo Alto City Council, City Staff should not go around the Council’s motion! This is not okay. Please pull item #7 and have staff fix it to what you asked for! Thanks, Chin Chong From:Kristen Van Fleet To:Council, City Subject:Ellsworth Ordinance - Needs Reworking To Match Motion Date:Saturday, February 3, 2024 11:14:40 PM Some people who received this message don't often get email from kvanfleet@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Regarding: Agenda Item #7 - Second reading - Ellsworth Ordinance - Council Meeting of February 5, 2024 Dear Palo Alto City Council, The Ellsworth Place Neighbors have all worked hard to get safety measures implemented at the intersection of Ellsworth Place and Middlefield Road. The City Council motion of December 11, 2023, reflects these benefits, which were designed for the safety of ALL people who traverse on or near Ellsworth Place. Unfortunately, City Staff took liberties to undo some of the safety measures as approved by the Council, and they did so based on what the applicant wanted, as was stated in the Council Consent Agenda Responses, “Staff thoroughly reviewed the meeting video and worked with the applicants to revise the ordinances and drawings to reflect the Council’s motion.” Additionally, several cherry-picked video timestamps were included, which left out pertinent timestamps. Since when do city staff get to ignore a Council motion to please an applicant? This isn’t how democracy works. Please pull agenda item #7 so its language can be corrected to match the motion of December 11, 2023, and properly implement the safety measures. Sincerely, Kristen A. Van Fleet From:gala b To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Pull Agenda Item 7 from Feb 5, 2024 - It Has Safety Issues Date:Saturday, February 3, 2024 9:21:04 PM Some people who received this message don't often get email from galab8@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Regarding Item #7 Ellsworth Ordinance, City Council Meeting - February 5, 2024 Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, Parts of the 702 Ellsworth ordinance are unsafe and differ from the approved motion of December 11, 2023. Please pull agenda item 7 so the ordinance can be corrected and the safety measures documented correctly. Thank you for looking into this important matter. Sincerely, Gala Beykin Ellsworth Pl. From:Yevgeny-Yoni Khasin To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Remove Item #7 (Ellsworth) from Council Meeting February 5, 23 Date:Saturday, February 3, 2024 9:16:34 PM Some people who received this message don't often get email from khasiny@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Regarding Item 7 Ellsworth - City Council Meeting of February 5, 2024 Dear Members of the Palo Alto City Council, Please pull Item #7 from the consent. It does not match the motion approved by elected City Council officials on December 11, 2023 in critical ways. Thank you! Yevgeny Khasin Ellsworth Pl. From:Paul Bigbee To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Problems with Monday’s Consent Calendar Item #7 Date:Saturday, February 3, 2024 8:54:10 PM Some people who received this message don't often get email from pwbcommerce@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, You can protect pedestrians, bicyclists, and drivers by restoring pertinent safety measures and delivery services in the 702 Ellsworth Place Ordinance. My objection specifically targets the version presented for the second reading: - Differs from the Motion of December 11 2023, - Removes the safer line of sight triangle, - Allows a fence that does not have “adequate transparency”, and - Bans some delivery trucks on Ellsworth Place after creating a space for them. Unless the item is removed from consent and fixed, you will be degrading the safety measures and community requirements that you voted for back in December. Sincerely, Paul Bigbee From:Bhanu Iyer To:Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject:Remove Ellsworth Agenda Item #7 from Monday, February 5, 2024 Date:Saturday, February 3, 2024 6:47:51 PM Some people who received this message don't often get email from bhanuiyer9@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Regarding Council Meeting on February 5, 2024, Agenda Item #7: Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, As a Palo Alto property owner and resident, I’m disappointed that the Palo Alto City Staff revised an ordinance to not match the Council’s motion of December 5, 2023, as approved for the new PC governing 702 Ellsworth Place. We very much appreciate how you and other Council members worked hard to implement safety standards regarding issues brought forth by the Ellsworth Place neighbors. But then, City Staff reinterpreted motion line item 2 and deferred line item 3 without good reason. This is not how a democratic process should work. Please remove agenda item #7 from the 2nd reading so City Staff can revise the ordinance to match the Council’s motion. Best regards, Bhanu Iyer 712 Ellsworth Place Palo Alto 650-269-4476 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 Date: 2/2/24 File Name: Ellsworth House_BIM_ARCH NO. DESCRIPTION: DATE: PTC SUBMITTAL 07.26.2023 2901 CITY COUNCIL MODIFICATIONS 12.14.2023 PROPOSED PC ORDINANCE 01.08.2023 PP N49°20'00"E 86.08' N52°00'00"W 130.67' S47°12'00"W 101.30' 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 FRONT YARD (E) 4 COVERED PARKING SPACES (E) 8 COVERED PARKING SPACES 13 14 15 MATADERO CANAL BLDG. BLDG.BLDG. (E) TRASH AREA TANDEM (N) PARKING SPACE TYP. (E) AC PAVING EXISTING LANDSCAPING B.O. SIDEWALK (E) FIRE HYDRANT 16 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' S38°00'00"W 109.87' S38°00'00"W 109.87' 100.00' 56.42' 72.61' 20'-0" (E) INGRESS/EGRESS EASEMENT 6'-0" FROM B.O. SIDEWALK SUTTER AVENUE MIDDLEFIELD ROAD ELLSW ORTH PLACE 3’ TALL FENCE OF A GRATED OR SIMILAR DESIGN. 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 02.02.2024 N S38°00'00"W 100.00' City Council –March 4, 2024 SECOND READINGPC AMENDMENT 2901-2905 MIDDLEFIELD RD & 702 ELLSWORTH PL 1.Fence design 2.Sight triangle 3.Truck delivery sign 702 Ellsworth Place Key Issues 2 Fence Design 2 PTC Recommendation / Council Review (11.06.23) 702 Ellsworth Place Key Issues: Fence Design 2 Applicant Request / Presentation (12.11.23) Council Motion (12.11.23) 702 Ellsworth Place Key Issues: Fence Design 2 Second Reading Ordinance (2.05.24) Revised Ordinance (03.04.24) 702 Ellsworth Place Key Issues: Fence Design 2 Second Reading Ordinance (2.05.24) Sight Triangle 2 702 Ellsworth Place Key Issues: Sight Triangle 2 PTC Recommendation / Council Review (11.06.23) 702 Ellsworth Place Key Issues: Sight Triangle 2 Applicant Request (12.11.23 highlighted):Neighbor Request (highlighted blue line): 702 Ellsworth Place Key Issues: Sight Triangle 2 Applicant Request (12.11.23 highlighted): Policy Implications •Perceived safety •Marginally extends 1-foot height prohibition in sight triangle •PC Ordinance can modify zoning code Truck Delivery Sign 2 702 Ellsworth Place Key Issues: Sight Triangle 2 Draft Ordinance for 2501 Middlefield Property) Open the second reading public hearing and receive public testimony and Adopt the draft ordinances amending the Planned Community Ordinance 2343 to rezone 2901-2905 Middlefield Road (Attachment A) and 702 Ellsworth Place (Attachment B) as prepared for the February 5, 2024 City Council meeting Or Consider further amendments to site development regulations contained in the draft ordinance affecting 702 Ellsworth Place related to the sight distance triangle, fence design, and posted sign restricting the size of delivery trucks on Ellsworth Place RECOMMENDATION 2 PRESENTERS: JONATHAN LAIT Planning and Development Services Director Jonathan.lait@cityofpaloalto.org 650-329-2679 AMY FRENCH Chief Planning Official Amy.french@cityofpaloalto.org 650-329-2336