HomeMy WebLinkAbout0397.091-
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Aug",! 15, 1991
HONORAB,E Cln COUNCIL
Palo Alto, California
Members of the Council:
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This r~port summarizes the Architectural Re~iew Board (ARB) action on
Council's request for review of details in the design of a 19-~nit project at
420 Jacobs Court.
BACKGROUND
This project ~as approved with conditions by tne ARB en March 21? 1991. and
forlfrla!"'ded to U1e City Coun<:'il all May 20~ 1991. At that hearing, Council
continue~ the item and referred it back to tha ARB. (ouncil delay~d taki~g
fi~al a~ticn on the project at that time beca~se the ARB approval, a divided
,3-2) · .. ate, contained the cOildition that numerous deta.ils return for further
re~iew. Council also re1ieved the applicant from the previously imposed
condition that they would be required to provi~e an additlonal
below~market-rate (BMR) unit, if the project ~ere approved after August I,
1991. in order not to penalize the appllcant for the delay 1n project approval
caused by the return to tne ARB.
A complete description and history of Ue project ;s included in the attached
report of May 16, 1991.
Architectura1 Review Board Action
At the July 18, 1991 ARB meeting. the ARB revjewed and appr.o'w'ed {J-l)
irchitectural details and the landscape plan, ~it~ Julie Maser ibsent and
Marni Barnes voting aga:nst the proposa1. The majority of the ARB supported
U:e project beCil'JSe they .believed that the design had a strong visual image
and appropriate scale for the project being planned to the north of this site,
and for £1 Camino Rea1. that thF nierarchy of open spaces were appropriate and
the front entry courtyards were well des~gned, and that the project details
were quite acceptabTe. Marnl Barnes stated that she could r~ot vote to support
the project because she could not make the necessary findings, irrclud~ng
creating a desirabla e~\dronment. preserv~ng natural features and
compatibility with neighboring propertles. Ainc da Rosa amended the motion
for approval to include only Finding .3, which related specifically to project
details. The Bnard approved th~ proposed details and landscape plan based on
Finding 13 ~ith staff recommended conditions~ ~i~h minor modifications to the
conditions concerning tree protection, backyard landsraping, and staff reyle~
of fireplace shrouds.
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Minutes of the July 18, 1991, ARB meeting and Summary MiMutes of the City
Council meeting of May 20, 199], are attac~ed to this report.
RECOMMENDAtiON
Staff recommends City Councl1 apprcve the design with the following findin9
and condit; ons.
1. Tn! materials. te~tures. cclors and deta1ls are ~pproprfate exp~essions
to the design and functlon and ar~ compatible with tne adjacent and
neighboring structures and landscape, in that the articulation of the
building facades .. He use of wood and stucco ","'all finishes and metal
porch roofs. and preservation of several large trees on tne site help to
retain the sem~-rural feeling of the site and the informal residentia1
character of the neighborhood.
(onditlt)~
L Prior to iSSuance of a building permit, the final planting and
irrigation plan sharl be approved by the Utilities Departme~t.
2. Prior to issuance of i b~ilding permit and prior to any demolition on
the site, the applicant shall provide the Planning Department with
eVidence of a cQntract ~ith I Certified Arbvrist w~o ~ill be responsib1e
for super~i5)ng i~p1ementation of the following tree protection
measures.
a. Prior to any demolition or co~struction on the !;t~. all trees
deSignated to be preser~ed shall be protected with I 6·foot·high
chain link fence mounted on 2-inch dlameter 9al~anized iron posts
drjven into the ground to i depth of at least 2 feet at no more
than IO-foot spacing. The fence shall enclose the entire area
under the dripline, or a distance from the tree of I-foot per each
inch of trunk diameter, wnicnever is great~r. This area sha11 be
shown on the layout and planting plans. Spray paint the top of t~e
fence with bright orange paint before unrolling tht: fabric to
enSllre 'Visibility of tne barrler. rn r,o tase shall any \/ehicleo5 or
e(luipment or any type of materials, includil'lg $011, be permitted' to
be stored wit.~in thlS er.closed area. The fence shall be erected
before demolition or construct!on begins and shall remain in place
until final planting operations are completed.
b. Any trencning within the enclosure snall be done by naneL A.r.y tree
roots enc~u"tered smaller tha~ 2 inches shall be cut clean with
approved tree prun1r.g too1s and sealed with an approved fungicidal
tree sealant. Tree roots 2 inc~es or larger snall not be cut.
Pipes snould be rJuted into an alternate location to avoid
conflict.
c. Any grade c~ange within the fenced zo~e shall be limited to 6
inches of cut or fl11 from the original gride and shall be
accomplished by hand. Under all Q~ercvs ~nd Seqvcia tr~es there
shaH be no grade change unoer at least t/H! inner 50 percent of ttre
tree canopy.
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d. No so'l steri1ants shall be applied under pavement near existing
trees.
e~ Abcve ground surface runoff shall not be directed into t~e tr£e
canopy area from adjacent areas. Ensure that stdewalks or ot~er
con~truclion do not trap water near the tree.
f~ Supplemental irrigation and fertilization before, during and' ;;fter
constructic~ for all trees to be retained, and correctional pruning
and cabling of specified trees s~all be pro~ided as directed by a
certified arborist.
3. Standard no1se le¥el co~trol shall be imp1eme~ted t~rou9hout the project
not to exceed 40 db interior level, to protect from both street ~oise
ind' nOise generated on the project si te-.
~. A 24 x 24 inch standard stop sign snall be insta11ed on the right ~and
side of the drlv~way it the back of the 5idewalk, to the satisfactiQn of
tne Transportation Division prior to occupancy.
5. In compliance 'With conditions of c.ity Council approval of the zone
c~ange from R,c to RM-15~ three BMR units snall be provided. This
requirement shall be fulfilled to the satisfaction of the City Attorney
and the Directcr pf Planning and COll'!ITlunHy [n¥ironment, in conjunctior.
with tnf subdiv1si~n process.
6. The a.ppl icant sha1l grant a 6-foot-wide pe{1estrian easeme~t a10ng the
redr {nortnern) property 1ine witnin the existing Santa Clara Valley
Water District access easement for use by the 39S1 £1 Camino Rea1
project, in conjunction with the subdl~ision map process.
7. An irrigation stlJb. so;1 amendment and 24,inch box trees and a paved
pitio shan be in5ta11ed in th~ backYlrds of a11 &-'nfts prior to
occupancy.
8. If the proposed fireplace shroud and tre~tment of c~imneJ do not meet
Bui1ding Division appro~aJI re~jsed chimn~y and 5hro~d desi9n sha11
return for staff approvaT prior to issuance c( blinding permIt.
Respectfully submitted,
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KENNETH R. SCHREIBER
Director of ?lan~ing an~
(ommunity fnvi rOrlment
AttacP1ments: Minutes of tne July 19, 1991 ARB meeting
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City Manager's Report and attachments. Hay 16, 1991
Project Plans [Council m~mbers only)
cc: Arc~itecturil Review Board
Barron P.rk Assocfition
Mr. George Remsberg, Ligntner ~rcperty Group
Denny Petrosian, 443 Ventura 12, Palo Alto, CA 94306
lols VanderbeeK, 736 sarron Aven"e, P.l, Alto, CA 94306
Bob ~oss, 4010 Orme, P.lo Alto, CA 94306
J~ne DeKover., 421 Jacobs Court, Palo Alto, CA 94306
Gary Breitbard, 740 San Jude Avenue, Pa10 Altn, CA 94306
Herb BorocK, 2731 Byron, Palo Alto, CA 94306
Georg. Smith, 390 Macl.n. Street, Palo Alto, CA 94306
Brian Donovan, 4054 WiTkie Way, Palo A1to, CA 94305
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ARCHITECTURAL REVIEW BOARD MEETING
420-461 Jacobs Court
Palo .Alto, California
July lB. 1991
Mr. lyzwa: The applicant is presant, and will have five minutes to make a
presentation. Prior to Uat, J \:tant to remind the board of w!u.t we are
looking for today. I was present at the council meeting when they took up
this ,project. Tne council .... ants us to make a determir,ation <:In it. The
project, was approved, as you will recall. w~th outstanding details and
o~tstand;ng items. The council fe1t uncomfarl3ble giving this project
approval prior to the board's approval of the outstanding details.
Ther~fore, what 15 before us today is not the approval of the project but
approval of the outstanding items that the board put as a condition on
this project.
Gegrge Remsberg: I believe, from Il'iY own perspectf'lle, at least, t,~at the
5Urr.m~.\"y just given by the chai rman of tni s board is accurate. lie a,e here
today to ask you to look at those details which you pre'liioLisly lIanted to
see after r.a~ing voted to appro~e the project. 1 am going to introduce
Jeff Zimmerman and Wade Van Valen from Columbus Architects. They w11l
take you step by st~p tnrougn those details. rn addition to that~ Ron
Benoit from Hardesty and Associates lIIi Jl waH you t~rough the 1 andscape
plan. We have brought along several exhibits. It feels like we have
brought along tne whole building Spetifically, our records indicate t~at
t~e details you wish to see are the flues, ~indows, trellises, stairs,
eyebrows, expansion jornts, water leade'!'"5, transition between materials,
and the landscape plans. With that brief introduction, Jeff Zimmerman
\IIill take you through the details.
~r_ Zimmerman: In the submittal that you received, we ~ave chosen wnat we
percEived from your comments and o~r view of the projett tne most impacted
of the Questionable areas. First, I wouid like to talt about flues. r
ha~! two examp~es of flues we have done in the past. These are the flue
caps on the Sawyer residence here in Palo .Alto and tlolden Gateway (olTlr.lons
in San francisco. In your packet, it pretty well explained how t~at flue
wrap is detailed with the 18 gauge flas~, along with Sheets #3 and 4. you
can see these things.
Elevations 3 and 4 s~o ... the "'1ndaws. Whoat we have do~e is to blow up the
previo~s submitta19 which ~as all one-eighth inch to a foot. This is all
up t{) O!H!·quarter-inch. YOll c.an see the trim a.nd detailing i~ this a
little better. There is a blOWUp detail in your packet, '10, w~ich
explains that, and the hea~ znd jam detalls, ill. 12, 13 and 14 in that
packet, is \lie 11 as t".o sample s \lin i en -.:e h a\le brougM in that we are
entertaining. One is a wood window, Colby, and the oth~r is a premium
grade aTulr.inum window, BTomberg. It is more expensi.'e than thp. wood
window. His is a lesser grade aluminum ... ;ndow framed in It!.!ood, which we
did at Redwood Snores. There is a proj~ct i~ Menlo Park that shows the
Colby w1ndow.
The trellises are the next item. Ele~ations 3 and 4 illustrate where
those occur. We have added an !.,Yebrow trellis at five locations. There
was concern about the vertica1ity at the entry court. and how to break up
some of that. We have introduced an eyebrow veri simi'ar to what ~as on
the rear yard elevations. {S~O\llS a project in M.enlo Park. that shows the
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trel1i~es at t~e entry.) Detail sketches 1, 2 and 3, the colored
Xeroxes,illustrate t~ose entries and their color elements. The eyebrows
w~re orfginally O~ t~e rear elevation ~nly. so it 's simIlar to what is en
the fronL You can see that in t;,e detail sheets also.
Expansion joints are called out on the elevations.
There was conCHD ibout water leaders .arid
They ire ca17ed out in these elevations.
seme 10cation5 we have scuppers.
~ow we would deal with them.
y~u can s~e downspouts, and at
There was concern about tri!.~.sition elements. We ire probably going to
deal .ith stucco wOvd and trim. and wood board panels. That is
illustrated in iii blowup detail, as 'Wen as the e"rarged elevations her;:!.
That has been handled is a wall section. One last photog~apn sho~s some
of the ways we deal with different materials. This is t~e Menlo Park
project on Menlo A¥enue.
Ron Benoit: J will discuss the landscaping. T~e landscape along the
front entryway, which is all new. preserving as many of the e~isting trees
as possible. The central courtyard driy€ ar€a wit~ the pa¥lng extending
tnrough in an interlocking paver. bricklike in color and texture. There
is common, op~n space at the end ~f the slte which ~;ll include a tot Jot,
again preser~ing the existing large pepper trees. The priv~te spaces in
this burnt orange color. A tree will be pro~ided in each of tnose spaces
to he1p mitigate some of t~e on-and off-site views. ~e are allowing for
the reSidents to nave a choice of landscaping. In addition, we are
sensitive to some of the on-and off-site ~iews by pro~iding screening,
for example, from the s; te acro~s the street on Wi 1 k.te Allenue and the
adjacent residence where the neighbor is nard against the propertJ line.
We are pro~iding oil tall screen (If pitt"spon:m, a tall, evergreo2'n shrubby
plant that stays columna~ and narrow.
looking at an enlarged view of tne open space. there .... <lS cancern last time
about w~at we would be providing for recreation for c~i1dren. We are
proposing a small play structure that would occur here. It would be
tucked' in t}I,e corner, surrounded by the-fence and allowing t~e one panel
to mD\le across in a linear fashion so that you ~ave a green space .... 'hid
wil1 also form the terminus for the pe~estrian entry ~ni=h wo~ld come
through a g2ted, trellised area and on into anot~er feature ~ere at the
termin;Js of the drivewa)', which we envision as a trellis structure also,
again surrounded by a wood fence and nicely land~caped throughout there,
preserving the existing peppers. The la~ pane1s are relatively small.
We are not using a lot of them, and ~e are putting them in an area .... nere
we feel they will get t~e most use and nave the most vjsual impact.
We haye an open hollow in the center, surrounded bj shrubs, tr~es and
ground: coyer and a fence around it, so you t-:3'.:'e a sense of a small park
with i hrminus at on!!' end having oil play structure and at the other end. a
gated trel1is area. This opens out onto the court. So we ~ave prOvided
some recr2itron space and a play struct~re for Children, as noted ~ere.
In the court area and the er.tries to the units, we haye provided se~eral
types landscape and hHdsc-ape that iII;ll halle some cOlor and texture, and
hopefull, softe~ t~e hard space in fro~t of the units. For e~ample.
caming in here at Units 4 and 5, we are propo~ing tnat you come in from
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th2 drive~ai area into I sptcial pa~ing ~hich could be e,tner a brickli~e
paving ~r an embossed concrete w~th a color to make it laak more like
stone or flagstone. We are pro~iding gates and enclosed entrJ courts and
patios, again with sma1; trees and ground cover to give i nite~ warm
f~e1ing ~t tne entry points here. We piopose to carry that through as a
the~ in all of the areas. Obvio~sly, where we have units backing up
against on! another, it will b<:! more of it: courtyard feeling. and where it
is open iga1nst existing land~caping, we wi11 have a m~re suburban type
f~e1ing. Where we have exfstiog natj'le. trees. we are proposing that we
put a panel of gravel or cohble arcund it so t~at we do not interject more
water which might be damaging to the nati~e trees. In all cases, we are
provid~ns Tlice landscaping arid paYing at these entry poirlts.
Ms. Wilson: I see some ~nfinished spaces around these private patios. In
other projects we ha~'e asked that some planting go in there. Is the
deyelcper 90in9 tD do that according to their w1shes or is the owner
rtsponsible for putting in plantings in that topsoil are~?
Mr. Benoit: Many times, nothir.g is done within the private pati~ area.
We are pr'Jposir.g to: prlJ~ide ane tr~-e ilnd ina..,. the ownH to develop th-e
remaining portion as they see fit. as a customized version of their ya~d.
Mr. lirrrnerman: We ha\le been providl!'lg em"jched soil to those areas prior
to construction so that that problem is taken care of. We are not viewing
t~is as a patio arei in a typical stacked cando project, but ~ore as a
private, back yard. This is an e~ampl~ ~ere of what someone did in their
own rear yard. We prc~ide irrigation ~DDkups. ind ~e amend the soil.
They can personalize their own space. ~ lot af people do not like the
'oncrete pad w~ic~ they typically get. rt is not an ope~ spac! like a
hig'h-densHy condominium project where peop1e Ciil1 Mialk through.
Ms. Wilson: r understand tht. r think U1ere is a risk that it does not
get p1anted. How do you guarantee that it get fini5~ed, and not left as
dirt for children tD play in?
Mr. Benoit: Even if you pro~ided something fer
guarantee that it wo~ld be maintained properly.
by fer.c.~s, so if it were t'O remain unde'le1cped,
for others.
them, there is no
Also. they a;"e surro:..lr.c:!ed
it ~o~ld not te an pye~cre
Ms. Wilson: Is the reinforced lawn just in that front area?
Mr. Ben?it~ It is just a little pa~el right here, TMe rfison I i~jected
that was tnat ~2 needed a tur~around space for a fire truck. The area
would have been ail ~ard pa~ing, ana 1 wanted to allo~ some portion of
that to be in greenery. The materia' is a ring-like material that goes
underneath _ lawn t~at can support a fire truck. That is speclfically
wt1at it is designed for. 'tou can drive on it, but slnce it is green,
there i,s a tendency for people not to dri\'E!. on it. The fire departm.ent
will know that it is a dri~eabll landscapE!.. We do that in many cases.
For example, if we were to ~ave i pass-tnrough ~ere, which ~e have done
w,tn other projects, tne e~tire lawn can bt in the same ty?e mater'al.
Tne fire department knows that it can ~op the c~rb, dri~e across there and
not get stuck in tne mud. So it allows the area to look green and be used
as i green panel. 1 prefer that to having ill of this in hardscape. It
~as part of the concept from t~e beginning to have this as a usable court
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space rather than i driveway.
~s. Wjlson: Hive you selected the specific paving materials?
Mr. Benoit: Yes. \Ie are using interlocking pavers with a herringbnne,
bricklike look, so you would have essentially the same mottled surface
with a brick flash in a kind' of d1arcoal color so that it lOOKS antique
rather than a uniforu c010r. up against a tan coiored concrete hand around
the edge, and tn!n ~it the curb. So ~e ire pretty ~ell set on using
interlocking pavers. Tne privat! courtyards at the entries are w~ere we
propese US)T11J a textured concrete whie,",. again, ~as an antique surface and
in a cclor t~at will be compatible. The pattern ~e propose to use is this
square one at the bottom. It is embossed concrete ~it~ a rubberized form
that is pressed in place and then they sprinkle on color t~at 9'ues it
t~at antique look.
Ms. Barnes: ] wondered what types of plants you are planning on using
under t~e pepper tree.
Mr. Benoit: You are right. We can ~ave scme diffic~lty growing tnings
under the pepper trees. You will notice I have held th~ lawn back there.
There is a dwarf fescue th~t can tolerate some shade. I am pretty
confident of being able to do that. We can be pretty s~cc~ssful ~ith soil
prep in some of these areas away from the tree. We can plant shade
tolerant plants such as azaleas in there. The ivy will work --a small
leafed, helix does work under pepper trees, with some shrubs at t~is entry
point and hringir.g them away from the direct canopy area.
Ms. Barne~: Is that canopy high enough to accommodate a trellis?
Mr. Benqit: We may need to do some minor pruning, but I think so. I
don't think there is going to be a problem. It happens to fall right in
between the trees. Right now, they do hang down. as peppe~s are wont to
dD, but J do not see a problem with injecting a Tittle pyramid cap
structure up to about 12 feet u~derneath that canopy. As i matter cf
fact, I was debating whether we would ~ant to plant anything like a ~ine
on tnat one in particular, and I (.~ose not to because I rel t we di;:! ~alie
e:'lough softening with the evergreen peppel" tree there, ... ·hereas I ","as
planting vines on all of the other tre1lis wort that ~e a~e anticipating
installing to soften the caps of the '"000" fences.
De~itt Durham: I live at 393 Maclane at the intersectioll of Wilkie and
Maclan!, directly across t~e street from the rear ~f t~e development. My
concern is for maintaining the integrlty of the neighbor~ood? whicn
con:s.ists of one-story, small houses. rt wouid' toe i sname to build
anything that changes the fee1 of t~e r.eig'hbor~ooo". Also, r am concerned
about planting O~ that narrow strip of land t~at runs on Wilkie ~ay. In
the ~riginal landscape plan, it cilled for an evergreen shrub~ ~~ich I
fel t would not screen the two·story townhouses from my f10use and others as
well. In talking with Ron, ~e suggested plantfng a tall, oval flo~ering
pear, whic~ if planted large enough, ~ill farm a good screen.
Mr. Lyz.a: So you are b~sic~11y in favor of the plans you see today?
Mr Dur~am~ Yes.
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Mr, Lyzwa: Chairman Marsh; Seeing no otner speak~r5. I will (7ose the
p~blfc hearing and return this item t~ the board.
Ms. Wilso~: Most things look okay to me. r hdve a question about your
window sill design. Correct me if I am wrong. All Of these si11s ire
shown dripping Ofl.to the trim.
~ Zimmerman: It ~;11 be dane like that one,
~son: Are these metal eyebrow elements gone or are they partially
galle? In the model t r saw something diffErent from what I saw in the
driwings. Is there a metal eyebrow anymore?
Mr. l,mmerman: In the back yard, there is a partial co~ering on the back
yard patio docr. We are opening up the otner part for a trellis and will
grow SOr!:le pla~t1n9 material on it.
Ms. ~;lion: Tne lighting i am comfortabJe with. The trees have been
dealt ~ith. I do pref~r the wood windows but] am open to the board.
don't know lf you are looking fer direction from us on that or not.
~r. Hmmerm~l1; We are open to the board.
~s. Wilson: ram i little clearer after seeing this drawing about the
plywood sections, and am real pleased about that. Are .... e appro~lng col.ors
now?
Mr. limmerman: It is our un~erit2nding that they were approved.
Mr. lyzwa: They were 2pproved. What about the roof?
~ Zimmerman: ~e got i comment on the roof that it was both too dark and
too light. The council wanted it to be darker. 2nd you wanted it to be
lighter.
Ms. ~iJson: r still have some concerns about the back yards. ~e ha~e
dealt with this on other co~dominium projects. We ha~e ultimate~y
requested some simple installation there. 1 am would li~e to hear what
other board members have to say about that. Also. r ~o~ld like to see tne
actual paving materia1s.
I1r. Zinrnerman: It is gray pa~ing.
Ms. Wilson! ] have some concer11S about this central
you would de~elop soma logical way to breik that ~p.
to ~ake it look homogeneous, as they are so man made.
a little more design effort to brea~ th~t up.
pC!\drlg are.]. I .... ish
These ~aterji15 tend
I would like to see
Mr. Zi.l!ITlerman: Are you talking about some kinds of banding in there?
Ms. Wilsan! It -would be nice if you c.ould get a tree ;,'1 thls back space.
Mr. Zimmerman: We tried to.
Ms. Wiison: Something should be done to the paving to make it 'oo~ less
like broadloom c.arpeting.
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Mr. Zimmerman: T~at can be done. There ire two schoQls of tnought on
that, such 25 trying to provide a neutral base plane fer tnese other
elements to be happening like, such as the irchitecture and the softening
of the edges. The oUler school of thought is that you can go in. and do
banding cr cIrcle diameters \lfith differer.t materials. jf it is not
handled p~operlYt it can get to be a litt1e busy looking.
Ms. Wilson: I ur.derstand the ~roblem.
Mr. ZilTl'llerman: Because of the pushes and pulls and all of the jogs
throughout here, J think personally that there is en~ugh happening there
that my feeling, when I designed this, was to cteate kind of a calm base
plane. because of a11 of thes~ other architectural elements with things
coming a~t vertically from the site t~at ~ere in p1ace, ratner than to do
things that might make it 100k confuse~. r chose to let it be a simp'~
base plane. The model helps to look at it that lIIay. Thhi! is so much
other verticality happening in there t~at it seemed most appropriati! to me
to pet in i flashed look, b~t not a uniform tone. Obviously, we could do
ttl at , howe'w'er.
Ms. Vilson; It would not even have to be things that ran across. It
could be an emb1tm ~ere in the middle, j~st something very little.
Mr. Zilmlerman: Maybe iI beginning and ending point?
Ms. Wilson: O:her tnan that, I am quite ~upportive of what you are
doing. The only detail I have i really high level of di~comfort ~ith a~e
tnese little trellises. Let If~e make sure I understand. Are these 'Wood
members Dr wires being pulled in between in this Y?
Mr. Z'1"i'Imernan: jh~$e ..,ood memb>:rs ilf~ probably going to ha~e to be steel
vertical supports. The wires come from a concrete bnS! to tie up the
~ines that will 9ro~ up ln~ through.
Ms. Wilson: Wood OVEr steel?
Mr. Zimwerma~: If you can see ~aw they are strateg~cally placed, also,
they really help identify the entries.
t1~. Wilson:
here. They
little bit,
In o~e sense, r am ~ery supportive of the creativity used
ai! not like most of the trel1is~s we see. They scare me a
so those are the areas [ am a little uneasy about.
Ms~_ILa~osa: For the record, I have spoken to the city attcl'ney ilbout this
project and to severJl co~ncil members. Since the city council did not
take action and sent it back to ~s, I was confused is to the intent of the
council. In talling wit'" some of the c-ouncil members. they convinced me
t~at their cancern was real1y ~lth detai1s of the project. At the same
time~ they said they ..-anted the ARB to make sure that it is iI good
proj!ct. 1 am tne one who said I felt there were some fundamental
planning issues that were ignored and that r was being asked to re~iew a
project that was lackin3 in fundamental planning issues that I feel are
reilly important. This is 1 special site ~hich had a special history for
th! tity and butts up against an R-l lone. ~Dme of the trees that are
being saved are scrawny and i~ paor condition, and some of the trees being
r~mc~ed ire ~ealt~~. A11 of this is si~d for the record, because 1 feel I
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have an obligation to report to the board and' make His the best proje<:t
that W~ can make, since the ~ajority of the board has accepted this
proj,ct. I f •• l t~.t In , positive way. you h.,e •• nipul.ted th.s.
buildings so t~at tnere 15 a feeling of individual units. There is!
breakup i~ t~e articulation here. I can fol!c~ the logic. Whit I would
like now is the landscaping. The architectural details you heve ire
fine. rn te~s of windows, ] have a general preference for wood windows,
because of the possibiTHies of painting, and in the f'Jture, of repail'ltir.g
i project. But a good Gual it,)' ill uminum windoll' .. auld be acceptable. So r
see the Tandsc.apin~ as being the mitigatir'9 factor fo'r some of r.I,J
concerns.
This plane in here of t~e driveway. although something might be dane, I
agree that it is important not to get it really c~opped up. It is a
unifying screen, and] like it the way it is, provided that the paving: you
have is really mottled. J am not qu~te sure ~O~ these interlocking pavers
worK, b~t sometimes with the ~se of a f1ash material, each piece is
lilottled , sort of a variation or mix" of colors. That migM be
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,;c..~ethin9 you can do.
The area of real conc~rn is bac( here in the so called community space.
tan see it werking is i landscape area, but this !ong, tn;n strip made
narro~er by this three-foot high wall seems more like a landscape buffer
tna~ I space that ~ight be used t how someone might go there and read a
book t etc. I would liKe to hear other hoard members talk about this area~
is I repl tl'1e l'E!ast cnmfortab1e about that. I wonder about the .... ans
furtner isolating this cOrmlunity space ba':K here. In general, I wilT
support this project.
Ms. Barnes: As you know, I have had trouble with t~is project in the
past. The findings are incorporated into our m~tion. I cannot support
this project. I have said in ~aricus different \flays in the ,past wnCit my
concerns are. r thin~ the ARB tnok a gOQd concept and did not follow
through ~it~ it. Specifica11y, to try to get into the language of our ARB
code so that it would be helpful to hath the applicant and t~e board
m~mbers. I cannot imagine myse1f lf~;n9 in one cf the units at the back~
w~ere you ha~e a long ~riveway and it 1S going to have lets of noise. I
do not think that the amount and arrangement of open spate is appropriate
for the functions designed. T~ere is a tremendous density here, a~d I
support th~ density, but there is no place for these people to go except
the driv~way. which ~;l' be hot and noisy.
r do not think there is a~ appropriate arrangement or amount of open space
for this high density project+ ] don't think the n~tural features have
been preser .... ed or intt>grated into U,e project. This lot is filled with
tremendous. ~onderf~l old trees. some of w~ich ~ave been saved, but
clearly the footprint was establis~ed first, because some of tne major
trees have been taken out whiTe some of the m1nor c~es were kept. T~at is
not pre;er .... ing and integrating a project ~;th its natural features+
I h3ve some serious concerns that the only opel1 space that has been left
for green is under two p~ppe, trees wnich are notorious for having trouble
I.!<'it" things gro~ir,g underneaU. I ~ave seriol..:S doubts that t~at lawn will
sur~ive. not because of t~e shade of th~ pepper trees but because of the
toxic.ity of the pepDer trees. You look. at any pepper tree any .. here in
Palo Alto arid look at ltihat is urrderneC!:th it, and it "ill not be 5univirlg,
except maybe for ivy. Ivy nas a cnar,ce to gro.,. If thdt .. hole area were
i .... y. I would say t~at is fine. But agair" t~at is bad ,planning. ] am not
saying. take out the pepper trees. I am say'ng, let's not put the only
place to ~a .... e a lawn under them. let's think this project over from the
beginning. I ha .... e serio~s concerns about natural ffatures being
retained.
r am worried about the compatibility with neig~borin9 properties. It
borders on R~I+ and theoretically, the concept for this design was taken
from the neighbor's nouse next dear whic~ is basically a farm ~o~se. It
has come a long way from that. It is hard to find any of t~e same
elements. 1 a~ concerned about the visibility from both inside and i~side
the project. T~e color illustrations that we h6ve in our packet are very
attracti .... e, but the perspecti .... e from t~o blocks away is probably i much
more acc~rite presentation of wnat scale it is. It is all pavement here.
Iii generil, the sCcle of tne building CO\ferag~. liInich ;5 cClntrfbuting to
the ~eat and noise, all of these add up so that I cannot appro .... e the
project. The den~ity is appropriate here, but to minimize the
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en'l;ronmerltal effect a.nd il\SUT'e ccrnpa.tibi1ity .. ~th the surroundings, He
~QlJare footage of the units needs to be decreased so that tner€ is more
'iveable open sPace.
Mr. lyzwa: I want to 90 DI't record as. haYing spoken with the architect and'
developer, j a.trI in support of the project. I feel tnat tJle bt.lilding has
been correctly dehned. I .... ould lilE to leave the decision on the
'Iiindows to tne ar{:hitect. I haliE already made C'ly coltlment in reference to
the shroud. and that stlould return for staff approva1, if the propos.ed
shroud is not oil 11 cirJed.
J am comfortab1e witn ttle 'andscap~rlg. I like tne idea of al10wfng t~e
individual owners to embe1lis'n their C,,11 prl\late backyards. There are
enough proy;s;o~S made so that thej can do that. ~t least, from your
verba) descrlption of ai1ow1ng hos~ bibs and planting sen. You iire
putting in meaningful trees. ] feel comfortable with this, a~d overalJ,
am 1" support of what has been presented.
~s. D~osa; ] did not comment on that, but 1 am in support of lea~ing
som~ fle~ibi]it1 in the back yards. They are private, and J am so glad to
9iv~ people a chance to do some pla~tin9 themse1ves. Not nnly am I
,accepting of the back yards, but I am in support of the concept.
Ms. Wilson: I wou1d like to comment, probably directed toward the city
council, about whj 1 support thls prcj€ct. 1 support it because to me, it
has a very strong visual image and an appropriate sca1e for the
development that is going to occur next to It on the north. 1t is.
appropriate for U,e urban c";rac:ter of f1 Camino. The i1ier-arcny of open
space that does occur here is appropriate. Unfortunitely, the vehicle
does take a lot of it, but J particu1arly like the entry courtyards. They
are nice looking. jh~ back yards. are good private space, and whi1e it is
unfortunate that there isnrt more open space for people to live in, I
thinK what you are bas'cal'y going to find are people who wou1d prefer to
have the internal space in this li~in9 situation. it is Quite urban.
lhat is what ~e generally see along E1 Camino Real.
M01JO!i: Shirh\l lIi1son: I mo\!! apprOval of Ule project as presented.
~EC\)ND: By ~,r. l:'Y'!l>Ia, I seccno that motion \With the addition that Hie
fireplaces be retu~ned for staff apprcval and toe shrouds.
Ms. B~rn~.~; !Jould you inc1ude in your Il'lotion Condition 2c, "Any grade
chang! witnlP the fenced zone shall be limited to 6 in~hes ~f cut or fill
from the or1 9 i l1a 1 grade and .sMa 1 J be accomp 11 shed by hand. Under all
Querc\.ls al"ld Sequoia tre.es.. there shall be no gra.de ci1a.nge uJlder -at lus.t
the inner 50 percent of t~e tree canopy."
Ms. War~eit: Since the staff recommendation did not address the bact
yuds, }IOU might add that they S.hOlllcl ~nch.de amended s'J\l, -ar. irrlgat 101\
stub, a Z4-inch boxed tree and a paved patio in each yard.
.M!:......J,n.!I'.! :
approves.
J ~il1 be happy to add that if the maker of the motion
(Yes)
Ms. ~llson: 8efare ~e vote. I would like to ~ake one additional comme~t
to the applicant. Be very c.arefuT of your roof details. \lie tlil'.'e n~d some
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real flilures in t~e cornmun~ty. It reilly needs to be strong.
sKetches look okay, but you need to be strong in these de~alls.
housing proj~ct un Ca1iforn~a ~v~nue is a dismal failure ~n tne
Your
The city
roof.
Ms. Dc:.P.osa: Thh is a technical pOint. I 'Wan't support tne motion as
made. This. pr\)ject has a1 reJdy been appro'Jed by the board. Ir .. hat \lie are
approving now iT! details and conditions. 1 will work ~;th those details
and conditions, but I don·'t want to go bad and make the first finding
which says that the projPct is compatible.
Ms. W;lso~: So that shou1d b~ removed. because it has already ~een voted
upon.
~s. DaRosa: It 1S important to me t~at this approval
specifically on the condition of prior ARB approval.
struggling with t~is.
of details be
I am r •• lly
Ms. Wilson: That is fair. The general findings were a1reiJd'y voted upon.
Mr. l¥zwa: ] agree with Ainc. What we should do is, in wiew of w~at tnis
is all about, we should vote on11 on what 1S outstanding and just inc1~de
that in our motion. Everything else should be left as previously voted
on.
Ms. DaRosa: 1 am rea11y trying to ~ork in th~ spirit of the city council
and the way the ,A,RB prOCESS works.
Ms. ~iliQn: I will withdraw Findings 1 and 2 from tne motion.
Mr. lvwa: it should be inc1uded in your mot ion that .all findings Hat
YEre pre~iDusly approved ~ema~nJ and t~at this hearing is In reference to
ex;ctlJ ~+'at the council asked us to review. We are not re·reviewing w~at
we previous1y ~pproved.
Ms.. Wi1son: In Hsht Df tl'lat •• e said a11 t!'lose tliings. about lJrbal'l
context.
Mr. Lyzwa: We have .a motio" and a seccnd. All thos.-e i1'1 favor?
Ms. lytle: I nee~ clarification of tM2 friendly amendment tnat you made.
t'.ichiel. CC'Jld you repeat the condition abc\Jt the fir~ph.ce shrouds? Are
they tG return for staff approval?
Mr. lyzwa: God bless you if you find a s"'roud t~at fred Herman will
approve. He has a ver1 strong polity that if there are no IC«Q numbers,
it is not accepte~. Pa10 Alto does not allow it. ff you can come up with
~ conce~t of treating the firep1aces witho~t shrouds, it means you ~iil
have either exposed spark arrestors, or you will ~a¥e somelr.ing else, but
there are code reqUirements that say. the flue has to extend 12 inches
above tne ~ig~est point of th~ roof. He will consider the chimney as the
hi~h~st point of the roof.
Ms. lytle: So tne treatment of the fireplaces ~ill need to return for
staff approval?
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Mr, Lnwa: That is correct. ~o·Jt the other possib11ity 15 that you can
put I shroud, but then you have to put t~e spark arrestor 12 or IS inches abo~e that, so it tends to defeat the purpos!.
All thos~ in favor? All opposed? Tnat passes 3·1, wit~ Ms. Barnes
di ssent 1 ng .
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IlAY 20, 1591
CITY COUNCIL EXCERPT ~INUTrS
420-461 JACO~S COURT
BEPORTS OF COMMITTEES AND C01'rM:ISSIONS
11. Architectural Review Board recommendation re Dpsign for a
19-unit residential project. for property located at 420-461
.Jacobs Court (3001 (CHR: 2BQ: $1)
council Member McCo~n 'Was struck by the number of i te!!'.s referred to
in the staff report (CMR:280:91j as additicnal desig:'1 rlodification
or details which ~ere included in the conditions that 'Would need to
return to the Architectural Review Board (A..'tl.B) after Council's
action that evening. She queried 'Whether it lJas an unusual
ccndi~io.n to have so many details -which still needed to be
considered by the ARB.
ARB Chairperson Michael Lyzva said the proposal 'Was creative and
uni~e and in the. pas-t: 12 to 18 months, the ARB had foc\J.sed on
details more than before and it vas requesting more of applicants~
Overall he was comfortable loIith the requested details and vas
confident the applicar.t would fulfill his obligations.
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George Remsberg, 833 Los Altos Avenue, Los Altos, represented the
applicant. The property .... as presently zoned .R.~-15, and the J..R.S
reco~ended approval o! the design, and he urged Cc~ncil to accept
the JoJUl's re-comlllendation. The ne .. · Jacobs Court "'-as to continue the
present flavor in terms of the site plan. The cour-tyaz-d ..... ould be
shared by people and !n .. tomc;;bl.les. The iT'ltent ... ·as to create a ... ·an,
friendly and inviting enyironment~ to address the concerns of the
neighborhood and the immediate neighbors, and to blend the
development into the neighbo["hood~ The plarl .. as to save nine of
ele-./e.n mature tree.=, and apP't'oximately e.Q percent. of t.he remainin'3'
smaller trees. Of the 15 trees being lost, 7 ..... ere rated as being
in poor or very poor condition by the a:-borist. Tbe h:t!';".es .:ere
individu.alized by tl1e tOyer elements ""hich ""ould also p!"'ovide
additional natural light to the ir.terior-s. The design attertpted to
promote social interaction among the residents by facing so::"e of
the halconies or.to the interior courtyard and also some of the 'lllore
active living rooms. The. privacy concerns of the adjace:.t
neighbors \o'ere addressed by some screer. plantings and a ,.rider than
required setback and a lower than re::zuired dayl i.;ht plane>. He
believed the project blended nicely into tt::e neighborhood ccn
sidering the surrounding uses. He b.elieved the e.'lVlrOnment create:::
at .Jacobs Court '.'ould be appealing to the far-.ilies .,.·ho lived tr:ere.
council Member Cobb "'-as distressed by the rr,ult.i-fa::-.ily intn:"$ion
into the corner on wilki~ Way. It seemed as if a single fa~ily
residence could have been built on the corner to complete the
single family charac~er of Wilkie ~ay and there co~ld still be the
lIlult.i-family development. He queried \o'hether thought ... .-as give:"! to
such an approach.
Mr. RernsbeL"g said some consideration \o:as given to t'he aPiJroach. If
there ~as a single family lot located at the rear corncr of the
prope'rtYI it .-ould likely be developed 4'o'ith a large house, it •• ;ould
be some .... hat by itself I yet it ..... ·ould impinge on the adjoining
properties ~ore because the setback ~ould place it closer to the
property line and the daylight plane you1~ place it higher. In
addition, if a single family t.o:::e ..... ·as created at that location, the
same prol:-lern \"ould arise in accomr..:j<jating .hat.ever privacy issues
there :oight be between the ne ..... ly created single family bouse and
the rest of the development.
Bob Moss, 4010 or~e, did no~ support the original ,cning to P~-15>
He disagreed with Finding 2 which said the design provided safe
access to tbe property because it "",as restricted to E1 Camino ·O'I'ay.
By forcing all the traffic out o~to E1 Calldno ","a)" ~ people ",'ere
required to enter and exit by going northerly on £1 Ca~ino ",a:,.".
People .... ere also encouraged to come in from El CalI'd no and ;take a t.;:
turn around the island. He believed it ~ould be safe~ and more
convenient to have all tbe access off 'j,.~ilY"ie io.~ay or to have part of
it off of Wilkie Way and part of it off of El Camino Way. He
referred to the second Co~dition 4 on page J of the staff repo:-t
(CMR:280:91). ~hich referred to the stop sign. He suggested the
require'ment of a "Right Turn Only -One ;;ay" sign 50 people ex:iting
.... ould kno'lo' they could only turn right to ... 'ard E1 CalT.ir.o. ?'We other
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conditions which ~ere discussed and supposedly agreed to wer~ the
develooer would pay for extending the E1 Ca~inv island f5r enough
do~n Ei Camino Way to disc~urage people from making either left or
u-turn~. The extended island should require a no-turn or no
u-turn. He was concerned about CalTrans 1 intent to remove the \11'70
Right Turn" sign on to El Camino WaYI which ~ould then legalize the
occurrence. There should be additic;'l.3.1 signs on El Ca~inc> Way
which prohibited making a turn across the isl~nd or just b~yond the
island and making a u-turn, and it should be a condition of the
project. He hoped the 6MR units would give preference to the six
tenants who were moved off the site. He realized the City did not
have ~n ordin.ance W'hich req1.:ired such preference but he believed it
would be an appropri3te sense at the Cour.cil~
council ~ember Levy referred to the courtyard elevations and the
COtments at the A...,{B level that the entrar:ces IOc."-';I;ed "deadly dull. f!
As he looked at the dra~in9s, he th~ught he ~as looking at the back
doors rather than the front doors.
Mr~ Lyz .... a referred to the cout'tl'ard and the basic entry concept a.,d
said it ~as a three-di~ensional cor.~ept. The €ntries ~ere clearly
delineated and the applicant tried to create a canopy over the
entry and there ""ere various color schemes as> \oIell as landscape
concepts that \oIO:..l.!d reinforce the fannal entry into t.~.e units
the!t"lselves off of t.he cO'.at.yard .. hieh -was embell is~ed.
council Member Le"'y queried tl".E! proble=n .'i th u-turns on E1 Carr.inc,
way. He bel ieved the applicant expressed a ..... illingness to help
fund .... hat.ever changes ".·ould be necess3ry .... i thin reason to dis
courage the u-turns. He believed Mr. l'!oss ",,'as correct insofa:.r as
the u-turns being an i~evitability.
Ms. Lytle believed any required signs to discourage u-tu~ns as part
of Cor.dition 5 ,",ould be appropri.te~ The Trans>porta:tion Divisicn
did an extensiVE preser.tation for the AF . .8 on irnprove-=:ents currentl'r~
being imple~ented in conjunction vith CalTra~s at t~e partic~lar
intersection and expressed a ~illingr.es5 to lOOK to the fut~re fcr
making further irnpro'.'eme!"'lts but they did not believe the proposed
p!"oject in and of itself ...... ~rranted. any specific mitigaticn in
participating in those project. Tr.e option of extending the
constructed median further down ~l Camino Way ~as discusse~ but it
..... as never :made a condition or requiretle .... t or attr ibut~d to t!".:.e
proposed project.
Council Member Woolley was !:>OttJered by the lacK. of e.aves in the
design. ~he puildings seemed to be chopped off.
Mr. Lyz.a believed Council Me!ltber Woolley' s viewpoint "Was at
sOl2le .... hat traditional loak: at residential t,uilding. The applicant
designed a creati .... e project on a tight. site, and part of the crea
tivity vas the mediterranean feel yith vertical and horizontal
elements~ and changing colors and textures of materials t2"lrough the
canopies; -and other eler.:.ent.s. He ',;as fI.ot bot.hered by the lack of
eaves be:;aUse he did not believe they were necessary to execute the
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proposed design. The.ARB' s request for tr:e applicant to ret~rn
vith so many details ~as not caused by its lack of faith in the
execution of the design but rather that it .. 'as i! novel concept and
t.he ARB "ranted to 'Work along "'ith the applicant to keEp the best
possible appearance for the building5~
council Member 'Woolley said the light color-ed roof ~ shallo..., roof
line and lack of eaves reminded her of the California Park project l
which she found to be unattractive.
!o!r. Lyz",a said the final sample boards and the deotails requeste:d
... ·0\,.;.1d be returning to the ARB. He would not be s ... ·ayed by the color
of tl1e r;odel beca,-"se the ARB reiterated .. 'hat Council Member Woolley
pointed out in terms of the California Park project.
council Me:nber Woolley queried ... hether there ..... ould be .'ood siding~
Jef£ Zimmerman/ Columbus Arct .. itects, 150 Green street/ #309, Sa.:
Francisco, said it .... Quld be wood and stucco. It .... as subjective tor
one to characterize the building as a particular style, b~t the
building intended to be re ... inisccl"1t of tr,e a'.;to CO'...l.~ts and r.otel
cc'urts .. ·hich spr in}:led the set.t lerner.t in the a:-ea years ago.
council Member Woolley did not claim to have the expertise of th~
ARB but agreed 'With Cou~,cil Member Le,,'y that the front doors looJ.".ed
more like back doors.
Y..r. Zimmerman said 'With the P..M-15 density, the intent was to try
and emulate as m:Jch of a single-rami lJ' feel as pass ible. io."hile it
could not be done cornple':ely with the R1I'I:-15 density~ the}' did
afford diverse individualized eI"'.tries and individualized bacJ.:yards.
There -were four unit types on a small project tr.at ..... E'.re quite
diverse and addressed the streets in different ways. Ul.like ~ost
housing developments 'Where track houses were built, there '.;as more
diversity and interaction bet\oleen the units as they interfaced .... ith
the street than could be found in nest sin?le family cevelop:i1ent:s.
Council Member Renzel quer-ie::3: the average square foo~age of the
proposed units.
Mr. Lyz.'a said approxinately 1,400 square fect.
Council Member Rer,zel referred to the C€!"lter-drive proposal arid
queried -whether noise evaluations \oIere dor.e.
Mr. Zimmerman said no.
!o'.r. Lyz'w'a said the ARB a~ked the que;;tio.'l in terms of the r10ise
coming from the .... ehicles in the cO:..lr-tyard itself and it .'as clearly
pointed out that double-paned glass ",'inCo'.;s ""Quld be used~ and
there vould be significant insulation end other measures \oIhich the
ARB s~ggested.
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Mr. Zimmerman said t~CitY had a mini~um
have to be achieved durinq constr~ction.
decibei revel ~hich ~ould
council Member Renzel referred to the state.me:r:t. that the courtyard
",as "Warm, friendly and inviting and she queried lr/hat 'Wa::; so warm
C!bout all of the garage doors.
Mr. Zimmer:nan believed the .. ora -intimate" ","as also a subjective
term and he referred to the courtyards of the Italian and Spanish
towns , ... here one S3V similar densiti~s. with such a censity, the
textures -we.re nice along the roadwa.y and the court.rard became a
place vhere the automobile vas treated as a tolerated visiter and
""ere then tucked away. There ... ere entries, parer.es, decks, and
'Windows which .opened on to the ccurtyard which served a dual
purpose of being an area ~hich units looked on to and extensive
detail ~as placed into dealing ~ith the surface treatments I
trellises, plantings I trees l and movement of the buildings so they
~ere not long lines.
Council Member McCo,",n ..... as concerned ther-e .... ·ere too many detai ls not
yet clear in the presentation. She queried whether the project
could be referred baCK to the ARB to complete the prvcess and then
it ~ould return to Council.
Director of Planning and ccmmunity Enviro1U!'le;nt Ken Sch!'eiber said
what was before the Council vas the ARB's fundamental apprcval of
the project. It was com.."tIon in appr.::"lJing 2 prcject that a variety
of details return to the ARB as the project ~oved to~ard working
drawings and that part of the development process. Council was
being asked to approve the project with the details returning to
the ARB, and if Council 'Wished to see the det"Jils, the easiest .ay
was to add a condition that ... ould require t~e matter to again
return to the Council.
Council Member McCo~ preferred for Council's rin31 action on the
design to occur after the k~B approved all of the details listed.
~r~ Schreiber said if COUTlcil ' s desire wa5 to not ~ppr-ove the
project. Until after the final details ,"'ere approved Py tt:e >.RB, the
correct action ... culd be to refer the project back t~ the ARB.
KOTION: Council Member McCO\i!l movec 1 seconded by Woolley .. to refer
the item back to the Architectural ~evie ... Board for further
deliberation prior to council's action and to extend the August due
date for submittal to the City council.
CO'JMcil Member McCo ... ·n .... as co!"!cerl"led about her O'WTl ability to
understand the plans and .... hat the project "'ould look like and t~.e
number ot details which the AP.iI still .... ant~d to look at. The
reason COUncil 'Wanted to review the proj ect was to have ~he process
be similar to vhat vas done .... ith a site and design app1ication.
She 'Was not comfortable with the level of detail before the Council
for action. She preferred to have the ARB's further recomDenda
tions to the Council, especially since its r~commendations were by
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a vote of )-2 from the ARB. before making a final de~ision about
the desig!"l.
Council Member Woolley agreed with Council Me:c;ber McCo .. 'Tl regarding
the closeness of the ARB's decision. Other items of cor.cern at the
ARB level ~ere the qaTage doors since they would be so promi!"lent~
a,nd che scattering ot Bl'iR uni ts throughout the project rather tban
having them together in one place. It was unusual for council to
function in the site and desiqn revie ... process and it was not easy
to visualize the project.
Counci I Member Andersen intended to recognize the professi,onal
abilities of ttle ARB and those ,"'ho "'ere designing the proje::t~ and
anticipated the project vould return fairly quickly without a lot
of minor details to slow the project do.n.
Council Member Kniss queried how referring the matter back to the
ARE changed things for the applicant in terms of timing.
Ms. Lytle: said. a condition of the ZClne char,gE! req';lired the appli
cant to receive final approval of the .t.RB applicaticn p::,iar-to
A'..Jgust~ 1991, or t.he applicant ,"'ould be subject to a:'.o:'her 8XR
unit. The 2ppl icant .... Duld probably not be in a pos i tio.-J to return
to the Council until after the August date a!1d ,*'ould :be r€~uired to
provide an extra BMR unit. The applicant ... iculd be asked to ..... ark
out many details "'itholJt k!"lo"'ing ..... hether they had any approval and
a lot of extra tiJr.e .,'ould be involved.
Coun=il Member Pentel agt"eed "'ith the referra.l. She believed the
project .... as a prime exatr,ple of ..... hat happened \o'hen one took a D",;Jl ti
faDiilj~ zone and tried t.o design a project as if it .. as a single
family zone. There were a lot of fra~ented spaces which were not
meaningful for anyone concerned and the result ""ould be housing
that did not have a normal type of market. "''hile tl'.e contemplation
could be families. ia:rnilies ..... ould not ..... ant to have a l:;ome ;..'here the
front door was "out on the street-so to speak. She believe:::! tr,e
project vOl.lld be l'Ilore successful if it was divided into four grol:ps
of units rather than two big groups; and, if sOii1e of the ft"ag1rle~tej
spaces ..... ere C OIllllJ 0",\ spa.::e. she believed t.here 'Would be l:'lore tr,ileage
out of the property and a morE!: amenat,le project for families.
Council !r.:ember ii'oolley queried ..... hether the August date could be
extended so that. final design reviev b J' t.he .hRB .. ould be. done
before Council rec~ived the matter for final action.
Mr. Calonne believed the date .. 'as a condition of the zoning an,j it
was a part of a contract. That .'ou.ld need to be amen jed in order
to Dodi!y the :iate. .'"bile it .... as a fairly cU'lT'.bersome proce:ss, it
could be achieved through an amendment to the conditior'.al zone
change.
Council M~rnber McCown did not ""ant Council to get backed into
approving a design 'Which .... 'as not fully and clearly presented
especially ... ·ith a 3-2 split vote fron the~. IE It,ore title .... as
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o -.~ -f -needed co~ncil should take the t~~e to ensure lts satls actlon and ~hatev~r the ~echanis~ to do so ~ithout penalizing the applicant.
She had no intention to per.alize the applicant. Council ~eeded to
:be COlr-fortable the design ... ·as ~ppropriate tor the site.
Mr. Calonne said if Council's action indicated its ~illingness to
have t.ne date provisi0n of thee ccnt.ra'Zt. amended, staff ;.;ould
approach the applicant ""ith the of!er~
council Member McCown said in light of staff's co:trJt!en"t. regarding
the concern about. · ... hether the revie .... could be turned around in tiI:l.e
to l%leet. the AugL:st d~adline, she .,,-anted staff to revie .... the
extension necessary to meet ttL€ date.
~r. Lyzwa said at no point during the prEsentation before the }~
... as the ARB split or unclear about the design. The 3-2 vote did
not represent a lack of clarity on the details requested. He was
concerned that in order to return tc the ARB successfully, the
applicant .... ould need to escalate the drawings to the point of
construction documents before he could vote co~fortably.
Cour.cil Member Cottb clarified Mr. Lyzwa believed council should
send some type of messaqe in terms of ,..'heth(!r Cou:!'lei 1 was \.Ij 11 il"lg
to approve the project if cert.:.:in improvements "'ere r'1ade.
Mr~ LY2~3 said that was corre~t.
Council Member Cobb queried 'Whether the AP,B ... anted to see t.he
project again regarding the details~
Mr. Lyz.a said abso~utely.
Council Member Cobb clarified that ... hile the ARB o;anted to see the
project in terms of the details, it \.las concerned about tbe
fairness of the applicant not having some indication in terms cf
.. here Council ...... as going.
}o(..r. Lyz.· ... a sa id that 'Was ccrrect.
Council Member Andersen agreed with the appropriateness of CQl.t1'lcil
pro .... iding SOIDe indication of its intent espeCially in light of
COUncil's request ~hich would require a major expenditure of time
and money. He ",as "'illing to ifidicate his approval of the project.
subject to the kinds of conditions identified by the AJ<B being
clarified. He did not believe the applicant should be penalized by
having to provide an additional aX? unit if cou~cil changed the
rules.
council Member Levy bel ieved his vote in suppo:-t ..,.ould be an
approval of the ARB's action up to that point pending the ARB'$
tinal approval ...,hich .;ould be reviewed by the COl.lnci 1. He agreed
the applicant should Tlot be penal ized in tetlIls of the In.lt3ust
deadline because of Council's action. If the applicant moved ahead
~ith all due speed, then the aMF. agreement should not be impacted.
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The impact should ~y occur if the
directions.
developer ___ .Jpped and changed
XOTIOJl PASSED 7-1, Col:;,b "no~" Sutori ";.lS absent .
END OF EXCERPT
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