HomeMy WebLinkAbout0162.093-
February 11, 1993
HONORABLE CITV COUNCIL
Pi10 Alto~ California
Nonco"forming Use Termination ExtenSions for 1) th~ linus Fa~llng and
i401ecyhr Midi.a] $cignc:es [nstitutes and?} Beaudoin p;ncE' Studio _m __ _
Members of the Council:
Report in Brief
T~is rfport forwards the recom.endations of the Planning torrmission .an
amendments hl Section 1I:L 94.070 of the Zoning Ordinance th2t .. auld extend the
nonconforming use termination dates for uses provided by:
1. The linus Pauling Institute, a nonprofit orthomolecular research
organization at 440 Pa9~ Mill Road and the Institute of Molecular
Medical Sciences, a nonprofit molecular medical research organization at
460 Page Mill Road; and
2. The Beaudoin Dance Stud~o. a private dance studio operation it ~64
Colorado Avenue.
Bc;kground
en Jant.:o.ry 13, the Planning (oMission considered a zoning text amendment
extending the nonconfcrming use termination proviSions for the pr€~iously
mentioned uses. This action was in response to a City Council directive C~
October 19, 1992 requesting the Planr.ing Commission to initiate proceedings to
extend the termination dates for these uses. (Si!e attached report to the
Planning Commission of January B. 1993.)
))1 arming Corm,.f.ssi on Adi on
At the conc1us1on of the Pub1it Hearing on January 13, 1993, the Planning
Cormliss10n recom:nended Clty COllncll appro~a' of;
C~R,162:93
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lJ The negat1we decl~ration, and
2) The following added provisions to the ~cnconforming Use Termination
sec-tion of the lonin9 ordir-a,1ce {Se(:tion 18.94.070) Cif the Palo Alto Mun~cfpal Code (see attached draft ordinance.)
0)
b)
4 termination extension from July 20, 1993 to July 20, 1~9B for
nonprofit orthomolecular and IOOTecular medical re-search functions
conducted at 440-460 PagE ~ill Road,
Termil'lation extension from Jul.}' 20, 19;3 to July 20, 199B for a
dance studio operation a.t 464 Colorado Avenue.
The Planning Co~ission voted 6-0 (CO~iss;oner Marsh being absent) on the
extensions for nonprofit orthomolecular ar,d nonprofit molecular medical
research functions. It voted ~-) (Ojakian dissenting, Marsh absent) to
appro~e an ext~nsion for the dance studio.
The owners of the dance studio, Mr. ind M("s. Beaudoin, originaily requested a
ten year Exter.sion of the dance ~tudio to Ju~y 20, 2003. Staff supported that
request in its rec~mmendation to the Planni~9 Commission.
The Planning Commission in discusslng these nonconforming use termination
exceptions focused on several issues that merit additional co~nt. They are:
1) The groundwater plume solvents fiJund near the linus Pauling site, and
2} The ability to monitor and assure that the dance studio at 464 Colorado
Avenue ~uld not intensify in iti operation, should the studio change
ownership during the extension period. These issues ir~ discussed in
the following paragraphs.
Groyndwater Plume on Page Mill Road
The attached report to the Planning Commission of January S, 1993, noted that
a groundwater plume ~ith contaminated indust~ial solvents was identified at a
site a-~ 62{)-640 Page Min Road, west of [1 Cimino Real but within t~e ... ~cinity
of linus Pauling Institute. The report notea that remediation efforts were in
progreis, with gro~ndwater being extracted and treated to remove contaminants
before d1schirge to the sanitary se~er. The PTanning Commlssion requested
more specific information ~n the remediation efforts.
the contaminants ~otentially affecting the linus Pauling site originate from
upgradierlt sources at 620-640 Page ~iJl Road 1eased by He;.;lett-Packard, and
from 601 Ca1ifornia Avenue, leased by Vari1lT'l. InVi:stigation .and onsite
remediation efforts ar~ being carried out jOintly by HewTett-:l3ckard and
Varian, under the oversight of the San Francisco Bay Regionc:.l 'fIater Qualit_v
Control Board ind the United States frwironmental Protect~::;'fr Agency. Such
remediation has consisted of remowal of the source tanks, soil removal, and
CMJl:162:93
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groundwater l!)(~racticn and t!"eatm€nt. A soil 'IIapor extraction sj'stem is. be~ng
design'2d and ::.truded at th", Helrllett-Packard site, to prevent thE'
recontaminat ,( groundwater ,f tne groundwat€r table risss to l!\lels at
which sol1 cor,,,a;mination still exists.
The plume has mfgrahd cffsit~ i~ ar. easterly dlredion and is corrrning1ed l.oIith
other plumes originating from other Stanfcrd Research Park sites, which are
presant in groundwater coming to the surface at t~e dewatering system in the
Oregon Expres$way Underpass at Alma Street. The combined plume is being
remeoiated by a groundwater extraction and treatment system nperat€d by the
Santa Clara County Transportation Divis~on, the agency re$po~sible for the
underpass and sump de~atering system.
A draft Baseline Health fvaluatlon (BPHE) for the entire affected a~ea.
prepared fQr th~ US Environmental Protection A~encYI ~oncluded that the major
risk represe~ted by th~ contaminated plu~ would be use of the wat~r as a
patabie water supply, a~ exceedingly im,robab1e possibt1ity. The other ris~
that the underground plume represents would be migration of \lapors, from t~e
contaminated water up through the soil into below ground or ground level
confined spaces, and subsequent exposure of res;d~nts or workers to those
vapors. However, the b~ilding code requires that u~derground garages must
have ventilation to remove automcbile exhaust. This same system would also
remove yapor~j therefo~e, the BPKE concluded that there was no significant
risk for residents living or wcrkers working in buildings built with
underground garages or on concrete slabs.
However. the fundamental issue is ~hether this sita is suitable for
continuation of orthomolecular and molec~lar medical research funct10ns and
III'hether the s.ite is currently s!!itable and w111 continue to be suitable for
housing. The response to these questions reaffirms th£ discussion of this
item contained in the January 8, 1993 staff r~port to the Planning (omrnission.
That report noted that levels of cor.tamination in the ~ic1n;t~ of the Linus
Pauling :s.ite currently-are ... ery low; and as a result, potential riSK for
either co"tinuatio~ of research functions or placement housing on this site is
extremely low. rt is important to note that at the present t:lm~~ tests show
that th~ groundwater table at the linus Pauling site is deeper than test wells
and boreholES dr111ed on the site, So the migration of vapors is not a
passibj11t~ at t~is time.
In addition, any potential .~islc. for housing 'Win be further reduced tn, Jugh
continued rem!diation efforts at the 6Z0-640 Page Mill Road and 601 (alifo~n;a
sites and the Oregon fxpressway dewatering syst€m. Ov€r the next five years,
these combined re~diation efforts will remove groundwdter contaminants beth
upgradient ind downgradient of the Linus Pauiing site, preventing the
recontamination of groundwater mlgrating downhill from the Re5earc~ Park, and
dewatering the shal~ow aquifers at the site. ri·~ther, a remedial actien plan
for the entire affected area will be considered jn 1993, wit~ implementatIon
of appropriate cffs;te remediation a~tivitie5 by early 1994. Complete cieanup
of the entire affected area may not be accomplishe~ for decades, 50 a case-by
case assessment ~ill need to be made for development of any particular parcel
CHR:162:93 2/11/93
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in the plume area, to confirm that :'10 hea1i.~ ris~ exists at the time of the
proPQs~d construct1~n.
In cOrlc1udi:1g discu5siorr of U'ds issue, s.t.:.ff ilsc reaffirms Hs statement to
th~ Phnning CClTII1iss1on tnat the update of the Comprehensive Plan will provide
the City with an add~ti~na1 opport~nity to reassess ~here sites near
indust.rial iind serwke cOlTITI€rciili arHS art appropriate for housing.
Nonetheiess, such an ils!.essment wou1d be e)(pected to focus on ~dentifying
additiona1 sites feir housi;'19 tnrcughclJt the (ity.
Pot!ntial Intensification of Dance Studio Use
Members of tne Pla~nins CommisSion expressed corcern about tne possibility
tnat the charact.eristics of this dance studio could change and. in effect.
irtensify should the ownership of this busi"~ss change hands during a
potential extension period. Staff ~elieves that the provision in the draft
ordinance prohibitlng intensification or increasl!d fioor of the dance st~d"o
during an ~xtens1on period. combir.~d with the documentation in the staff
report on the existing chnacieristics of the dance studio operation. would
allow the City recourse shau1d any measu~able change in the operatiQnal
characteristics ever occur.
furthe~re, this site's land valu~s would app~ar to encour:q~ any subseq~ent
owner to develop the parking lot site with a singh-fam;?y ,lome and reuse the
dance studio site as a single-famil~ hamf;-, rather than conti flue the dance
studi~ operation. Whl1e staff is sympathetic to the Planning Commission's
concerns about potential changes in operating characteristics of this dance
st~diO, it firmly bElieves sucn changes ~ill not occur for these reasons cited
above. Therefore, staff r~affirms its original reco~ndatlon that i ten year
extension from July ZV, ]993 t~ July 10, 2003 be granted for a dance studio
use at 464 Colorado Av!nue.
Summark and Conclusion
Staff supports tha Pl anning C{)lTIT1i sSior. recorne!'ldat icn for extend; ng tn-e
termination date fer nonprofit orthomolecular and nonprofit molecular medica1
researth functions at 440 Page Mill Road from July 20. 1993 to Ju1y 20, 19S8.
However, staff requests (ity Council reconsid~ration of extending the
termination dates for the dance studiO use at 464 CGlorad{. A.venue from the
Planning ComrnissionIs recommended extension date of July 20~ lS9B to the
original exten!;ion date, requested by Mr. andJtr. Beaudoin, and ~ecomrnended by
staff, of July 20, 2003.
The recommendations below reflect tnose fo~arded by the Planning Commission.
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Becqlmleildati2.n
The Planning (i>rT1'I1issioJ:'l recorrmends to City Council lpprov.a.l of the following:
). The atta(hed ~egati~e declaration, and
2. The fonowing added provisions to the N{lnconforming Use Termination
section of the zoning ~rd!ninc~ (Section 18.94.070) of the Palo Alto
Municipal Code (se~ attac~ed draft ordinance).
a) Termination extension from July 20, 1993 to July 20, 1958 for
nonprlJfit orthomolEcular and mo1ecular m"?dica1 r€search functicn~
conducted at 440-460 Page Mi"1 ~ Ruad.
bJ Te-rminatioil extension from Jul.v 20, 1993 to July 20. 1998 fal'" i.
dance studio operition at 464 C~'oradc A~e~ue.
~UlJY
GEORGE Z I~RMAA !1A-t\A,..J;l1*"f,L"")
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itted,
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KENNETH R, SCHREIBER
Director of Planning
and (omillunity Enl.;ironment
1) Draft Ordinanc!
2} [IA Negative Declaration
3) January 8, ]993 Report to the Planning C~mmission
4) Cit1 (oun,;l [xcerpt Minutes cf October 19, 1992
5) Letters from linus Pauling Institutes! L~no Guslani, and Flo and
6)
7)
Heston Seaudoi~ to the City Council
Site Map of Both ~on::onformi r!g Uses
letter to PTanning (or.wniss;on from Mr. arid Mrs. D. Peterson
cc: Linus Paul~lng institute (Stephen tawson)
lnstitute of Molecul~r Medical Sciences
Mr. and ~rs. Keston Beaudoin
lino GusTin;
Michael AtnertDn
Err.est Mancini
Regina Pustan, P,O, Box 60714, Palo Alto, CA 94306
I1ir. and Mrs. O. Peterson, 425 Colorado, Palo P.lto, CA 94306
CMR:162:93 2/11/93
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ORDINJ\,NCE NO ° "",;,;-ri'·
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 18.94. cno (NONCCNFORMING USE
RFQUIRED TERMINATION) TO Cl-tANGE THE REQUIRED
TERMI~TION DATES FOR USES AT SPECIFIED PROPERTIES
WHEREAS, the Linus Pai...lling Institute ar.d tr.~ InBtitute of
Mol~cula~ Medical Sciences, located at 440-460 Page Mill Road and
the Beaudoin Dance Studio, located at 4£4 Colo:rado Avenue, are non·
conforming uses that I amoIlg others, are c'Jrrer.tly scheduled to
terminate on July 20, 1993, pursuant to the amortization schedule
set forth in section 18.94.070 of the Palo Alto MUnicipal Code; and
WHEREAS, the Linus Pauling Institute a!ld the Inst.itute of
Molecular MedicaJ. Sciences have requested that the City alloW' them
to continue oper3.ting at 440-460 Page Mill Road until JU::'y 20;
1998, and the Beaudoin Dance Studio has reqL!:ested that tr~e City
allow chern to continue operating at 464 Colorado AvenUe! unt.il July
20, 2003; and
WHEREAS; the Planning CarTD'nission, after dt:.ly noticed publit:
hearing held January 13; 1993, has recommended that section
1a~94.07D of the Palo Alto Municipal Code be ame~ded to allow auch
uses to be extended in accordance ~ith the requests tterefor; and
WHEREAS, the City Council, :::;..fcer due ccnsideration of the
recommendations; finds that the proposed ame~dment is in the public
interest~ will promote the public health, safety and welfare; and
will not he detrimental to any other use, for the following
reasons:
(a) The Linus Pauling Ins.ti~ _e and the Institute of
Molecular Medical SCienC€3, le-cated in an RM-40, High-Density
Multiple Family Residential district, are u:1ique nonprofit ·cesearch
o~·ganizations that provide! sign1 f:'cant comn'.l.lni ty and 'wrr'orlc--'Wide
benefita. To allow this use an additional five years to contir:ue
their research while searching for a sui table alternative si te
would be in the greater p~ililic interest. The effect of continuing
these uses fer an additional five years would be minimal because
these uses are not inten3ive activities, have low employrnent~ do
not generate .much traffic; and do Dot c:reate overflow parking.
They are compatible 'With the county T:r-ar:.sit parking area to the
west. Their surface parking area to the north buffers them from
residential blJildings located on the north side of Sheridan Avenue
and they border a vacant parcel owned by Santa Clara County to the
east_
(b) The Beaudoin Dance Stu.dio is privately owned and
operated by Mr. and Mrs. Beaudoin. It is located in an R-l. Single
Family ReSidential district in a 2,200-square-foct building on a
18.0Ss-square-foot parcel thac contains two underlyinG lots. The
operation of the dance studio is considered quiet and very low
profile, and is compatible with the adjacent single-f~~ily
neighbor.hood. It has been operating for ~1 years, is ccnsidered a
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unique cornmu.nity resource, and w0u_~d con~inue to
quality of life in this corrmunity if it we4e allo~ed
operation for ~nother ten years.
enhance the
to continue
NOW~ THERE?ORB. the Council of the City of Palo Alto does
ORDAIN as follows:
~lQ1L......L. Subsection (l..J) (2) of section 16.94.070
[Nonconforming Use· Requi1.'ed Terminat. ion] of Title 18 [Zoning] of
the Palo Alto MUnicipal Code is hereby ~ended to ~ead;
18.)4.070 Nonconfor.m1ng Use -Required Termination.
(1:»
(2) wr,en occupying or using facilities de8igned or built
for nonresidential use: the nonconforming use shall be telminat~d~
and the !acil i ties shall be converted or !",odified to accommodate a
conforming use. or shall be removed at or before the tift'l.e limit
presc~ibed in subdivision (3) of this subsection: provided,
however, that no such termination, removal~ or conve=sicn 9hall be
required 'Within fifteen years from July 3D, 1378, or .... ithin fifteen
years from the date such use becam~ nonconforming, whichever date
is later; provided r however, that uses wrdch were made
nonconforming as a result of the 1974 Fire Zone 1 Stud) ... , by
Ordinance No. 2777, adopted Marcn 25,1974, shall te:nninate ern
November 23. 1990; and provided, further, that any use made
nonconforming by said Ordinance No. 2/17, the primary purpose of
which is to prepare and deliver food to senior citiz~ns~ shut-ins
and others with limited mobility may remain and shall not be
subject to te::mination pursuant to this section. Such uses sha.ll
be permitted to remodel, improve or replace site improvements in
accordance with applicable sit..e development regulaticns, provided
that any auch remodeling r improve.'"llent or replacement shall not
reSUlt in a.'y increased floor area.
Notwithstanding the ,dates of termjnation of uses required
by this eubs(.ction tbl <2} -" the required termination dates of t~e
followi.ng ~es ehail be as hereinafter set forth:
(1] The nonconfol:ming use(s) of the property at 440-460
Page Mill Road for nonprofit orthomolecular and
molecular medical research functions shall
terminat~ on or beiore July 20. 1398.
(ii) The nonconforming USe of the property at 464
Colorado Avenue for a dance studio and associated
parking shall terminate on or before July 20, 1998.
Sucb'uses shall be permitted to remodel~ improve or replace site
improvements in acco~dance wiCh applicable site de-~lopment
~ations, prortded that any such remodeling, improvement or
rE'!placement shall not: result in any increased floor area or
increase in, intensit.y of the use, nor any lose of parking~
2
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SEL~rQN ~ The Council finds that this project viII have
no significant environmental effect.
SECTION
commencement of
adoption.
INTRODUCED:
PASSED:
AYE'S:
NOES:
Jl.BSTENTIONS:
ATTEST:
City Clerk
Jo.
the
APPROVED AS TO FORM:
This ordinance shall be
thirty-first day ~f~er
APPROVED:
Mayor
effective
the date
Senior Asst. City Attorney
3
Director of Pla~~ing and
Community Enviro~er.t
on
of
the
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Enl()("onmenta'i Documents -City of Palo Alto
ENiIRQtIM1,~ iPl ASSeSSMENT
Project Description/Ti tle: Z,Qning ordinance amendment -Nonconfo~inq U~ __
Termination orovisjgn5 S2ctiM 18..,94.070 of th.:a PC/lo Alt" Municjul Code
l..ocation/Address: 440-460 Pag? Mill .Road and 404 C\llQrada A'Iel'1ua.a....1ilo A1to~
~
SponsorIng Agency/Applicant: CITV Of PALO ALTO
Addre,s and Telephone of Appllcant: 150 Hamilton Avenue. palo Alto ~~
.4pplic1ition fer: zQning \txt jm@ndooent
lonlng at Project location: &M-40. R:1 Fee Recelpt No.:
NOTICE OF DETERMINATION
Based upon review of the project files, the und~rsfgned member of the Planning
Department has concluded:
IXI Negative Declaration: The project ~as nO sign'ficant environmental
impact. No Env1ro~mental rmpact Report 15 required. The reasons for a
Negative Declaration arc: in the attached orc'e&t dgscriptiRo. ~
record of project actio~ is available for reyj~ at the Palo Alto
planning Department. ]~cated on the 5th flQ~r of Cltv Hall. 250 Hamjlton
Avenug. Palo Altp, CA.
1=1 The ptoject may ha,e a s19nifi~lnt .nvironm.ntal impact. An
Environmental lmpact Report wi!, be prepa~~
PlaMing Department OfficIal: '11. I~ A<l'1~ ______ _
Planning Director: -;x:e~ ~ Date:~:...',-ll,--.:...'----,-__ _
LI The project has been approved. Date:
I_I The project has been denIed. Date:
File No.~
p:\lfro...s.udoe
92·fIA-4Z ___ _
92-t1A-42
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PROJill DEseR i PTi or;
The project is a zon~~g ortii~ance ~mendment to the nonconfoi~ing use
termination provislQns of Section 18.94,070 of the Palo Alto Municipal Code.
Tr.P. folio.~ng amendme,lts are under c.onsideration:
L Exte-ndl!'lg the ter01ination date for a nonprofit orthomolf:c:J1ar use (Linu5
Pauling Institute) 10cated at 440 Page Mill Road and molecular medical
resoeard ljse ,The Institute of Molecular Medical Sciences) iDeated at
460 Page Mill Road. from J"ly 20. 1993 to July 20. 1998; and
2. Extending the termination date for a dance-studio {Beaudoin Dance
Studio) located at 464 Color.do Avenue from July 20, 1993 to July 20,
2003.
The lin~s Pauling Institute and The Institute of Molecular Medical Sciences
occupy a 26,000 square foot, two-story building that ~s located on three
contiguous parcel 5 bet~een Page Mill Road and Sherid3n Avenue whose site Qr~a
totals 36,750 square feet. The zoning of tnese sites is R~·40, Hign Density
Multiple Family Residential. The Comprehen~ilje Plan Map deSignates these
sites as M~ltiple Family Residential. The linus Pauling Institute occupies
approximi.tely 20,aOO square feet and The Institute of Molec ljlar Medical
Sciences occljpies the remain; n9 S~200 sqtJare feet in the building. Currently
the two nonprofit organizations ~mploy approximately 30 persons. ln previous
years~ the maximum number employerl in this building by these organizations in
previous years nad been approxima~ely 50 persons.
Tne Bea~doin Dance Studio is a dance studio at 464 COlorado Avenue that is
privately operated and owned by Hester and Flo Beaudoin. It is Situated in a
2,200-square-foot b~lTding on a 18.~5S parcel that contains two underlying
lot5_ The zoning for the site is R-l, Single Family Residential. Th~
Comprehensive Plan designates these sites as Single Family Residential. Dance
lessDns taught at the Beaudoin Dance Studio inclcde ballet, tap~ jazz and
ballroom to groups ranging frem six to eight persons for ballet. tap and jazz,
and for ~p to twenty-four persons for ballroom dancing inst~uction. This
t:ance studio has operated ;,mder the same ownership for 61 years.
Extending the time t~at these three nonconforming uses (culd op~rate Will not
flaye any s:ign1ficant environm2ntal impacts or ad .... erse in::Jact Cln the adjac.ent
residential neighborhoods.
Continuation of the existlng uses will result in no physica.l changes to
existing conditions. Such extensions could delay converSlon of such sites to
residential uses. Howe~er, continuation of uses pro .... iding a community service
is a considered a benefit.
Th~ nonconforming uses benefitting from extension of termination dates will
still be subject to all other pra~fsions applicable to nonconforming uses
including re-strictfons which prohibit any expansions of f100r area or
1ncrease~ in intensity of Site uses.
p:\tirolls.es.doe n·UA·42
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A gro~nd water ~lume contaminated with industrial so1vents has been identified
.t 6<0-640 Page Mill Road, located west of the 440-460 Page Mill Road site.
AT': interim remediation p1an has been approved for cleanup of this
contamination and cle~nup operations have begun. Such measures 1nclude use of
extrac.tion "ells to extract the gro:.mdwater and treat it to r~m(1\1e tfH!
contaminates. txcivation and removal of cQntamind~ed soil, and aeration of
remaining s~1' with low l~\lels of contamin~tion. The cleanup process is
estimated to take severil years.
Minor amounts of industrial cuntaminates have a150 been fo~nd in snal10w
gro~~dwater at the linus ?auling site. The riSK to h~man ~ealth from these
ccnttminants is less than the acceptable risk range established for Superfund
sites by the fnllirCinmental Prctection A~en'y. Al Tow~fl.g continuation of the
!xist1ng uses and delaying redevelopment of the site would allo~ the cleanup
process to bring the pot9ntial ri$K even lower than it is at present.
The presence of contalTiinated groundwater found near and under V.e linus
Pauling site will have no direct adverse impacts Oq the cont1nuation of the
existing uses as the expansion restrictions for nonconforming uses would
precTude any new construction on the site which (ould interCept the
contaminated groundwater.
further analysis of environmental effects ~f potential
contamfnition wi" be necessary prior to redeve1op~ent
Mi 11 site.
p:\lln<.l'S.eadoc
groundwater
of the 440·460 Page
92-EIA-42
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January S, 1993
PLANNING COMMISS:ON
Palo Alto, California
Cit~ of J'olo :Rlto
~ CI BO~ t [j:~C'
PIILO An'J ell 9~~:ll
NonconforRIing USf Termination £xterlsions for:
1\ The linus Paul ina and Molecular Medical Sciences Institutes and 2) Beaudoin
Dance Stvdiq
~ers of the Commission:
T~e purpose of this report and attached ordlnal'lce is to discuss and reco:mlend
extending the nonconforming use terminatiun dates for uses provided by:
1. The linus Pauling Jnstitute, a nonprofit orthomolecular research
nonprofit organization at 440 Page Mill Road and the Institute of
Molec~lar Hedica1 Sciences, a nonpr~fit molecular medical research
organization at 460 Page Mill Road, from July 20, 1!93 to July 20, 1998;
and,
~. The 8eaudD1n Dance Studio, a private dance studio operation at
464 Colorado Avenue, from July 20, 1993 to J',ly 20, 2003.
ihis recommended action responds to a City Council directive of October 19,
1992 reQuesting the Planni~g Commission to initiate proceedings to extend the
termination dates for these three uses (See attad':ec1 excerpt of 10/19/92
Council minutes]. The rec~nded action wou1d result in approving a text
amendment in the no~conformfn9 use provisions of the zoning ordinance (Sect ton
18.i4.070 of tne Pilo Alto Muoicip.l Code).
~ACKGBOUND
In 1978, tne City Counc:q adopted a new Citywide zoning map and i.onir"3
orai nance that 1) wa:i cons 15 tent w'· h the Comprehens i ve Pl an map approved in
1916, and 2) resu1ted in a number of uses becoming nonconforming and subject
to termination. While the termination period ranged from fifteen to thirty
yelrs, depending upDn tne age and type of construction of the str~ttu~e where
the use was located, most norlconforming uses were subject to the mini.;Ium
termination period of fifteen years. As a result. these nonconforming uses
were required to terminate on July 10, 1993. The zonin; regulations also
contained an exception provision that il1o~ed property or bus'ness owners of
nonconforming use to apply for a termination exc.eption "ithin tINe jears after
being notified of tnei,.. r.onconforrninfj status. Hie zoning regu1a.ticrJs stated
that the prinCipal criterion that the PTannl~g tommission should consider in
exception applications was whether t~e use of the property in question was
compatibTe ind not detrimental to the ]and uses designat~d irl the
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(omprehensive Plin in surrounding areas. Ov~r time, approximatEly twenty
property or busin!ss o~ers appTied for e~c~pticns and approximately ten uses
were grant~d exceptions or extensions.
Lat~r in 1989, the City CounCil established a uniform termination date of
November 20, 1990 for two nonconforming uses in the 1000 block ~f Emerson
Street. T~ese uses had ~ecome nonconforming as a result of an earlier City
Counc'1 action in 1974 at the concl~sion of the Fire Zone I Study. In these
1989 actions, the City Council also appro~ed 41 zcning ordinanc~ tet.t amendment
permitting iI termi,naticn exception for 41 thtrd nonconforming u,!:e remaining in
the Flr-e Zone I St.udy Area, Hds use, Merlin's Mag;c Kitchen, was. located at
Z65-267 Homer Avenue. Its principal functions involved preparing and
delivering food to senior citizens, shut~ins, and other individuals with
limited mobility. Since that time the pr~perty owners demolished the
structure w~ere Herlin's ~agic KltcheR ~as located a~d constructed a jingle
family reSidential structure.
J..i.nu."i Pallling Instit1Jtelll)s.tHvte 51f Molecular .Medical Sciences
The linus Pauling 1nstitute at 440 Fag€ Hi11 Road is i nor,profit research
organlzation whose functions focus on orthomolecular research (e.g., be~efit
of vitaMins) fOr the prevention and treatment of su~h illnesses as cancer.
YiTai diseises, ind cardiovasculir disorders. A reiated nonproflt
Drga~ization, The Tnstitute of Moli!cular Medical Scieilces, whidl is a spin-off
of the linus Pauling Institute and ccnducts research on nutritional molecular
biology (various effects of Vitamins on genes), is located in the same
building is the linus Pauling Tnstitute.
The linus Pa1Jling Institute and The lnstitute of Molecular Medical SCiences
occupy a 26,000 square foot. two-story building that is locateJ on three
conti9UQ~S parcels between Pagf Mill Road and Sheridan Avenue ~hose site area
totals 36,750 square fe~t. The zoning ~f tnese sites is RM-40, High Density
Multiple Family ResiC:entfal. Tne Compreh~n5iye Plan Map designates these
sites as Multiple F~~jly Resldential.
The Linus Pauiing r~stitute occupies apprOXimdtely 20,800 square feet an~ The
Institute of Molecular Medical SCiences occupies the remaining 5,200 square
feet in the buil~ing. Currently th~ two nonprofit organizativ~s employ
approximate1y 35 persons. In previous years, the ma~imu~ number employed in
this buildin9 by t.hese organizations had been apprc~imately SO persons.
Requested ExtensjQfr
T~e linus Pauling Jnstitute and the Institute of Molecular Medical $cier.ces
2re requesting a five-year t~rmination extensicn from July 2C, )~93 to July
20, 1998 in order to allow these nonprofit crtt-ol11Olecular and molecular
medical research USl: to continue their research functions at the present
site at 440·460 Page Mill Road. During this time, the Institute stated it
will be attempting to expand its fiscal resources to make relocation to
another suitable site possible. Currently, the Institute has stated it could
not afford to relocate from this site at 440 Pa~e Mill Road because it is
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paying significintly below~market rent. The owners of tnis prQperty (lino
Guslarl. ~ichlel At~erton and Ernest Mancini) told the CHy Ccunc::i1 that tney
wo~lc e willing td extend the current lease for the thr€e parcels occupied by
these ~rganilat;ons from the current expir~tien date of June 30, lS95 to
July 20, 19ge~ if the C1ty ap~roves the reQ~ested extension. {See attacned
1 etter.)
I~zues On An txtension
Stiff noted in its Aprtl 23, 1992 report t~ Council on tne ~tatus of
nonconformIng us.s (C~:220:92 of 4/23/92) that the number of nonconforming
uses subject to termination declined from 41 in 1990 to 32 in early 1992. Of
these 32 uses l 25 wo",1d be requirf'd to bJ1i1;rtale in 1993. Thus. over time.
man~ ~onconfonling use businesses either relocated to sites where suc::h us~s
w~re permitt~d or these businesses ttrm1nated and the sites were re-occupied
or redeveloped into uses that were conforming. Most of these nonconforming
~ses are privately operated commercial uses that have had sufficient
opportunity to reloc::ate to oth€r sites over the past fourtef'n years If th·~,
chose to do so. Tne Institute stated that it never applied for an exception
because it focused its efforts on research, and did not belleve future
relocation would be financially dlffic~'t to accomplish.
The linus Pauling rnstltute (and the related Institute of Molecular Medlcal
Sciences} are ~nique in that they are nonprof~t research organizations that
provide Significantly more than community-wide benefits. The linus Pauling
Institute is world-ren~~ The effects of moleCUlar medical researc~ could
benefit society at levels that transcend regfonal~ state ind national
boundaries. To allow these nor-profit molecular res~arch uses to remain at
thfs site for an additiona1 fiY~ years, wnile the Dccupants obtain a suitable
alternative site, ~ould allow their research functions to continue and wouTd
respect the Comprehensive Plan designation of this site for multiple~family
residential use. nowever l continuation of nonproflt research uses it t~ls
site could delay redeve10pment of the site into multiple-family residential
!Jses.
The effect on cont .ui n9 these resE:a.rcli functi ens Or'l adjacent or nearby sites
would be ftjinimal because tl'1is research is not an intenshe activity, it has
low emplQyment, it doe~ not generate much traffic, and it does net creat~
overflow parking. It fs compatible with the County Transit parking area to
t~e West. Its surface parking ire~ to the north buffers it from residential
buildings located on the nortn side of Sheridan Avenue and it borders on a
Vitant parcel owned by Santa Clara County, tc the east.
The proposed extension in the attached draft ordinance specifically refers to
the lJses on tnis site, not the organizal1o"s operating the aforementimled
research functions. nus tni: extenSion woul1 apply to any potential nonprofit
orthomolecular and molecular medic::al research IJses at this site fo'(' the
dUration of the extensio~.
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It should be iicknolJlll edged that a ground ..... iit€'t" pi limE" .. ith contami.,ated
industrial sol¥ents hiS been identffled at a 51te ~t 620-640 Page Mil} Road
that is located w~st of El Camtno Aeal, but within the ~;ti~;t) of the linus
Pauling site. The remediation for the 620-640 Page Mill ~oad site is that
9~~undwater is being extracted and being treated to r~move contaminants.
M~nof amounts of industrial contaminants have also been found i~ shallo~
gr~undwater'at the linus Pauling site. How~ver. t~e risk to human health from
the le~el cf tn~$a contamjnant~ is less th~n the acceptable risk range
established for Superfund sitoes b)' the Environmental Protection Agency. In
addition. a sump and pump 1'Iave ~en p7aced C!t t~e Page Hj 11 Road underpass fn
order to remove and treat contaminated groundwater found in that location.
Nonetheless, the linus Paulin9 site~ based u~on a~ailable information, appears
to be suitable for appropr;at~ly designed h~using. Furthermore, postponing
building bous;ng on the site for another five {S) years a'lo~s t~e cl~anup
process to Dring the potentfal rjsk even lower than it i$ at present. In
addition, the upd.ate of the Compr€hensi~e Plan, that is abo'Jt tc be
und'erhken, wlll proilide the City with an opportunity to re-assess where sites
near industrjal iiLnd service corrmerciii.1 areas ire approprfate for housin;.
Such an assess~nt also ~ould be expected to focus on identifying additional
sites for housing thro~9ho~t the City.
linys ~aul ing Institute -Surnnar',1 and Conclusion
Staff supports extendlng the t~rm;nation date of nonprofit orthomolecular
research and ~onprofit molecu1ar medic~l functions at 440 Page ~ill Road from
July 20, 1993 to July 20, 1998 prcvided that the nonprofit research f~nctio"s
conducted at this Site continue to focus on orthomolecular ind mo1ec~llr
.edical research, that these uses do not expand or intensify their acti~ities
and that the~ retain the same amount of parking as they currently provide,
The extension is supported betause these r~search functions are compatible
witt! adjacent confonl1inq IIses ind they previde potential significant medical
and social benef;t~ to a population extending we11 beyond the corporate limits
of Palo Alto.
Beaudoin Dance Studio
The BeaudQin Dance Studio is a dance studio it 464 Colorado Avenue that is
privately operated and owned by Hester and flo Beaudoin. rt is situated in a
2,200-squa r e-foot buildin9 on a 18,055-square-foot parCEl th~t contains two
underlying lots. The zoning for thE sit~ is R-l, Single Family Residential.
Tne Comprehensive P1an deSignates ~hese SitFS is Single Family Residenti.l.
Dance lessons tauuht at the Beaudoin Dance Studio include ballet, tap. jazz
and ballroom to group~ ranging from six to eight persons for ba1let, tap ind
jazz, .and for up to twenty-four pers.:ms for ballroom dancing instruction.
This dance studio has operated under the same olJllnership for 61 y2ars.
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The c"'aratteristics of the dane! studio operation can be descrjbed as quiti't
and very low profiT!. No hard rock music ;s played for danc~ instruction.
eli" •• ar~ taught Hooday through fridays from 9;00 a.m. to 10:00 p.m. and
fr~ 9:00 I.~. to 6;00 p.m. on Saturdays. Occ~i,an~~ly special social
functions are held on Sunda,)'s bet'Weer. 6:00 and ~:O.a p.m. and they are limited
to thirty persons.
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Reg:Jested Extens~Qn ~_
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Mr~ and Mrs. Bei~doin have requested ill ten-year Extens~on from the July 20,
199.3 tet'llindion date, which if approved .. auld permit the dance studio use to
continue operation until July 20, 2003.
Issues Of An fKtensipo
Stiff noted earTier that .any nonconforming uses have eit~er re10tated or
tnetr sites have redeveloped over time into conforming uses. Most of the
remaining noncJnforMing uses are locate~ either aiong El Camino Reai or are
located in or on the periphery of cOrtlTlercial o!" service conrnerthl areas. The
Beaudoin Dance StudiO is located i~ a s1ngle-famiiy residentii' neighbor~ood.
The Dance Studio, by the c~lracteristics of the operation and the appe&ra~te
of tnf building in whic~ the business is lccattd, appears to be ¥ery
compatible with the adjacent single-family neighborhood. As noted e,rlier.
the entire neighbDrhood. inc1uding the dance studio, is designated as. singh
family res1denti2.1 in tf'le Compreher.slve Plan map_ Historically, tnlS danc!
studio has been l uniq~e communitJ resourc~ that would tontinue to ~nhance the
quality of life in this cOftII'lUnHy if it were ill owed to continue operation for
iinoth2r ten years.
The proposed lOlling ordinance at~ndment would perm; t the dance studio
operation to ~ontinue until Julj ZQ, 200). Since th! current dance studio and
parking lot occupy two parcels totalling 18,055 square feet, it is possi~ie
tl'tat ; f the dante stlJd10 WEre tc cease operation bef()re the requested
extensi<1n date of 2003, th-e parcel wtth the parking '<It could be de\leloped
with a s;ngle-family ha~ and the lot with the dance studio could be
redeveloped or reused as I s;ngie-fami:y home.
BeaudQin Dance St~io/Symmary l (cnclusion
Staff supports extending the termi nat ;cn date fo,-the dance studio at
464 Colorado Avr~ue pro~;ded that the operations do not change, this dance
studio use does float e)(pand Cif intensify, and this use retains the same amount
of parking is it currently provides. This extension is supported because its
function is compatible with adjac~nt conforming uses and it provides i
substantial social benefit t~ the co"~ur.ity.
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ENViRONMENTAL ASSESSMENT
The proposed ~d;fjcit;on to the zoning ordlnance's ncnconform1ng ~se
provisions will not ~e~uit in any significant adverse environmenta1 impact. A
negativ! declarit1~" ~s attached.
Stiff recOIImends thilt the Phnning C-Ol!Inisslon recontnend to City Council approval of t~. foll .. ;n9:
1. Tn! atta(~ed negative declaration, and
2. The fol1owi",~ added provisions to t!1e Nonconfonning Use Termination
sect;~n of the zoni~g ordinance (Section 18.94.070) of the Pil~ Alto
Muniefpal Cod! (see ~ttached draft ordinance).
a) termir.ation extension from July 20~ 1993 to July 20, 1998 for
r.onprofit orthomolecular and mcl€cular medical research fur.ction~
conducted at 440-4~0 Page Mill Road,
b) te.,.;nat;on extension from July 20, 1993 to July 20, 2Q03 for a
dance studiD operation at 464 Colorado Avenue.
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Assistant Pl~ng Offici,l
lf~'--f~'I~
NANCY~DDOX lYTLE
Cnief Planning Offitial
Attachments' 1. City Council Exc:er~t Minutes of Octo~er 19, 1992
cc:
2. letters from linus Pauling Institute, lino Guslani,
and Flo and Hest~r Beaudoin to tne City Councll
3. Site Map of Bot~ Non~onforrnfng Uses
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(For COpiES of attac.hments 4 and 5, see CMr::165:33, dated 2jll!93,)
ti"~s Pauling Jnstitute (Stephen La~scn)
Institute of Molecular Medical Sci~nces
Mr. and Mrs. Hest~r Beaudoin
l ino G:ul ani
Michael Atherton
Ernest Mancini
Regin, Pustan. e.O. Box 60724, Palo Alto CA 94306
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suggested a dir~ct.i..on be included in the
opini<Jn or. the political reform responsibil"
Vi--c.! Mayor McCaw.
ad· ..... a.rtisinq process
suggested an a!"\sIJer
completed.
before the
Mr. Calonne was virtually ce
Political Reform Act~
he CAC would be subject to the
KAltER. AND 8ECO!.'"OER AI:;
:OIREC'l" THE CITY ... ~ RNf.Y TO PREPARE AN
REFORK ACT RES SIBILITIEB OF THE CITIZENS ISORY COMMITTE.:'.
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~ION: council Member ¥niss moved, seconded by Mccown,~ov~
-Item No. 15 forward.
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15. Mayor F-azzino and Coun·:.il Members Cobb and Kniss re consider
ation of Termination Extensions for Linus Pauling Institute
and Beaudoin Dance Studio
council M~mber Cobb said the Cou~cil ~a5 ~~re than aware of the
value of the Linus Pauli~";-Institute. The issue before the Council
dealt ;.rith the extension, and he hoped the public 'Would direct
their comments to that extension rather than the value of the
Institutg~ He also belie .... ed t.he Beaudoin Dance Studio was very
valu.able to tl"le community~ The community wanted both of the
establishments to remai:i and "Would be happy if the Council provided
for th~m into the future.
Vice Mayor McCown queried -whether the proposal vas a
referral to the Planning ..-::omrnission ..... hich .. auld held
hearing; then it WQul'-r2t-urn t<) the Coun<:il for action.
Council Member Cobb said it ~as ~ standard referral.
" tandard
a publ ic
Vic€ Mayor McCown said the public needed to understand that the
proposal ~ould go through the City's normal public process to the
Planning Commis5ion and then to the ~ouncil ..... hich meant that anyone
'Who ..... as interested was free to at-tend those meetings and express
his or her opinions.
Council Mem~r si!nitian clarified the requests suggested by the
proposers that evening ~ould be sent to the Planning Commission.
He unden: stood an extension of an ar.lOrtization period would be
considered.
city Attorney Ariel calonne said the proposal left some flexibility
for extension of the termination date.
council Member Simitian queried whether the extension
for an individual user or for property ow~ers.
C~ ce, ",-t: C{'1 (,1.1.'''.( /ll!1 •• i~s
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Mr. Calonne thought it would be for the u'se. It wO'Jld be incumbent
upon the Planning Commission to determi"'e ... het~er t,here ... ~re some
!and use base justi.fir.:a.tic'lfls.
council Member Si~itian queried whether the Lequest being consid
ered would have to come fro~ the property ovners since it ~a5 the
property owners I propertr that had t:!'"le amortization. He understood
the Linus pauling Institute 'Was the tenant.
Mr. C~lonne said there was a supporting letter from the propert)'
owners. He would analogize it to initiatinq a rezoning which could
be done inde.pendently of t..~e p;::,operti~ o'w'ne]"s' ccnsent.
Ccuncll Member ~~eeler said her interpretation of the request and
L~e way it would be carried out 'Was that ~;e Planninq Commission
would discuss not only the two particular ~pplications put also the
process for extending termination dates in similar situations. She
~~eried whether staff envisioned the process proceeding in that
direc:tiol':i4
Mr. Calonne said no. The Council should indicate if it wanted a
generalized opportunity. He viewed it as limited to those two uses
and the task of the Planning Commission to find some land use base
justification for it. H~ would not take it as directic~ to creat~
an opportunity for anyone to seek an extension.
Council Member Wheeler queried whether there was concern that if a
procedure 'Were not established, it 'Woula open the door for a
property owner or tenant of a buildL'1g that was subject to
amortization to request an extension.
Mr. Calonne said that vas where the land use justifications
applied 4 In the case of the Linus Pauling Institute ~ite, there
was ne.w intormation about I i'll'll tat ions on the Linus Pauling
Institute site, but, he did not know what the lana use issues might
be on the Be~udoin Dance studio site. It was con~eivable that the
Planning Co~mission migbt dete~ine there ~as justification on one
site and not another or that the justifications ~ere different on
each site. He did not believe those justifications because of site
specifics would be precedent setting for use of D.ubject
amortization.
Council Member Kniss queried whether the property ow~ers haa ever
applied for an extension~
Director of Planning and Community Environment Ken Schrei: er said
in both cases, the property owners had not applied for an
extension.
council Member :Kniss clarified the Linus Pauling Institute had
never applied tor an extension4
Mr4 schreiber said that was co~rect.
Council MeID.ber Kniss said that issue .. as i1l'tportant because the
process w~s not totally cl~ar. She queried whet needed to De done
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by the Linus pauling Institute at that time to be a llo .. ed an
extension.
Mr 4 Schl:"eiber said the zoning ... ·as changed on the sitei::l 1978, and
the Linus Pauling Institut.e needed to apply during the two-year
period after the zoning change fo~ an extension under the
procedures that were applicable at that time4 The Linus pauli:'l9
Institute did not apply at that ti~e.
Mayor Fazzino indicated 3 willingness to ~OV6 forward that evening
and approve actions with respect to saving the Beaudoin Dance
Studio for ten years and the Linus Pauling Institute for-five
years; h01Jever~ t.e belie: ..... ed it 'Was appropriate to support the
referral action to the Planning C0mmission and Council process and
then return to the Council for final action.
Raxi t Jariwal1i!, senior research scientist at the Linus Pd.ulinq
Institute, 440 Page Mill Road, hoped the council in its referral to
the Planning Corr..mission would take iT'lto consideration that the
Linus Pauling Institute's research program ought to continue
because the research was ~ased on specific nutritional factors for
treat:ment of life-threatening and chronic diseases. The.re were
very few institutions in the country that were engaged in that kind
of research, and the Linus Pauling Institute was in the forefront
of t~at research.
Steve La~son, 189 Oak Court, executive officer at the Linus Pauling
Insti tute, referred t.o a 60-paqe p-eti tion .signed by registered
voters that requested the Council to grant permission for the Linus
pauling Institute to remain at its present location until July
1998. He said the Institute only asked for a short extension ~hich
was a contribution to the survival of the unique. independent, and
international renow-ned research orga;nization 'Whose ,"'ork in
preventing and treating heart disea;se, cancer, and other diseases
benefitted everyone. He said the Institute !:loved into the facility
in 1980 and never had the opportunity to apply for an extension.
Karen Dean. 680 st. Claire Drive, echoed the comrr,e~ts of the other
speakers and supported the extensicn of the Linus Pauling
Institute.
James Lu Valle, 3580 Evergreen Drive~ strongly urged the Council to
refer the item to the Planning Commission.
Flo Beaudoin, co-owner of the Beauaoin D3nce Studio, 464 Colorado
Avenue, thanked the Council for agendizing the item.
Ed Beardsw-orth, 951 Lincoln Avenue, spoke in support of the
Beaudoin Dance Studio. He became involved ~ith the Studjo when his
daughter took ballet lessons. He hoped the Council would agree
that it ~as a ~in-win decision for the students, families, and the
thousands of people ~ho had the benefit of th~ BeaudQjns' influ
ence.
Elbert Cole, 3602 Bryant Street, urg'ed the Council to refer the
item to the Planning Co~ission.
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Denny Petro~n. 443 Ventura Avenue, _.aid the Linus Pauling
Il";s;titute W~01"l a site rezoned for hOUsing. She reminded the
council that Stc::nford and the Palo Alto Medical Four.dation 315':) did:
noble research and ~ere coveting residential lands for non
residential 1evelop1t!ent. The Co:wprehensive Plan did not su.ggest
that the houzing element could be tr~ded for medical res~arch or
~ny other non-residential development. .a.n attr~cti ve and useful
development could be achiev1?'d on the si tIP. ..... i thout going
underground. If the land 'Were tied up und~r the exte:nsion for
several years. an opportunity mic;llt be lost. The choice was
betweerJ convenience cf t:"le Jnstit<.lte anc! ~ousing families. She
believed the council \tIould bt:! backing dow . .., on t;,e commitm€_nt it
made to housing by not IMking tbe land available at the earliest
possible time to taKe adviO'n'tage of possible cha!"J-ges in hcusing
funding. She hoped the remarks of those .... ho att(>lIlpted teo call
attention to the larger publ ic interest would have aLI impact on the
Council. She urged denial of any further action.
Regina Pustan, p. O. Bo)( 60'724, appreciated the efforts of the
Plal'!ning Department to provide her .. ith more infDrmation. She
ref.err-ed to a recent article in a newspape:: in which a city ,.·as
being sued becausE housing ""as built on ~ toxic plLl:me. Sh~ sdid
there 'W£re m~.ny loca.tions lil the City where housing could be made
available. She hoped the council ...... ould consider a bigger vision
and place the Instit~te in a position \tIhere it did not have tc beg
for space.
Herb .sorack, 2731 Etyrcn Street, reca lIed ;,;hen the Caunc il was
discllssing the terminations of nonconforming uses in El camino
Real, there was a concern about how to implelI',ent a change in policy
in that regard. He understo-::>d that tl:1e time for applying for an
extension had ~lready passed. and the properties that had longer
times 'Wen~· those "'ho took advantage ot the right to apply for
extensions early on. He reea lIed that during t.he discussL:::ms of £'1
camino Real, there w~s a number of alternatives pr?sented to the
ccuncil by the City Attorney as to ho~ to imple~ent the granting of
exceptions at that late date in the process. That inforrnaticn
should be transmitted to t.he PlannL'lg commission. He \oIas not a .... ~re
of any e~abling legiSlation availa~le to the city at the present
ti~e to pe~it ~hdt to tak~ place.
council Member Simitian supported the request for referral. He did
not see the issue as a foregone conclusion because the evidence had
not been heard yet. and he looked to tne Planning Commission to
return to t~.e council with a record based on the land 'use questions
pre~ented by the tY'O applications. Until tt-.at reco!""d was before
the Council, he did not feel he was in a position to make those
judgments.
MOTION: Mayor Faz:z ino Cloved. seconded by cobb. that the City
council cirect t~~ Planning Commission to corr';uence appropriate
proceedings to: 1) extend the ten,jllation d~te for the Linus
Pauling Institute at 440 Page Mill Road from July 20, 1993, to July
20, 1996; and 2) ~~tend the ter~ination date for the Beaudoin Dance
Studio at 464 Colorado Avenue from July 20, 1993, to July 20, 2003,
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in response to the requested extensiot"!s submitted by the Linus
Paulinq Institute and Mr. and Mrs. Beaudoin.
Council Membe!'" Andersen associa.ted ~ith the cOIDJllents of Council
Member simitian.
Council Member Rosenbaum said the final result \o'o'J.ld be the
Council's approval. He accepted the tact the Linus Pauli ng
Institute needed an ad:1itional five years and -was not in a position
financially to te.ke advantage of the abL:r.dance of inexpensive
commercial space available ~ Those explanations would probably not
be sUf'ficient in five years because housing ..,.as an il:lportant
consideration in the community. He supported the motion but
without a qreat deal of enthusiasm in ~pite of the fine vork of the
Linus Paufing Institute.
Mayor Fazzino supported th~ motion. Some of the Council Me~rs
haQ raised the issue quit~ often in the last several years and felt
comfortable moving forward. He had great respect for Ms. Petros ian
as a housing advocate, but he believed that the benefits that
accrued from an outstanding research institute whiCh sought cures
to diseases such as AIDS, cancer, and heart disease. In the long
run, it provided a f~,r more important v3.1ue to society than a fe ... ·
housing units on the site. He thought it would send a very bad
signal c..nd helieved there ..... as something lo:rDnq .... ith th-e. ::oninq when
a research institute like the Linus Pauling Institute ~as not ahle
to ~ontinue. He recognized the motion referred the item ~o the
Planning Commissioi1 for recommendation to be brought back to the.
Council for action.
Vice Mayor McCoW'n supported the referral along the lines of the
comments D1.ade by Council Member S_lmitian. She reminded the Council
,,"-hen discussin9 extending uses, it. .... as not about. extending a
specific teriant. The issue was about E>xtending the opportunity fer
any use that would fit the definition for that type cf use. She
clarified it was a use extension~ nat a user extension.
Mayor Fa:z::zino sa.id it ..... ·a5 a very legitimate concern but given he
time frames proposed by both the Linus Pauling Institute and the
Beaudoin Dance studio~ the Council was talking about user rather
than the use.
KOTrON PASSED 9-0.
bYWh~ State Ballot Measures -Uave.crber Ele,ction
v.,.,..~,CounciJ. Member Andersen moved, seconded
no ac on State Ballot Measures .
.MOTION PJ\6SE'D
AQ~OURNMENT; The meeting adjo~~~.z 12:25 p.m~
Al'TEST: APPROVED:
119/92
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LNUS W')ING INo"TTUTE of K:IENCE -d MEDICl~E
~ w· P-40:~ Mill R'~\,ld, Palo AJto, C<lht,'m ... ~~J00·;'."~-;
The H"""",blo Gary Fatzino
Mayor of Palo Alto
250 Hamilton A\--enue
Palo Alto, CA 94301
Dear Mayor Fazzino:
T~I";h.m~ ';':J51 3~7-4"-:'64
F](~;nl<'~ {4[51 3~7·S5c4
19 September 1992
21'::~ C'.. .
SiTy OF-~ '-,;:rJ,.,,," .•. r<
.LO ALTO
The Linus Pauling Institute of Sc:ience and Medicine is a non-profit biomedical research
organizatioo tIllll employs about 35 people and occupie.; • bunding at 440 Page Mill Road. By
virtue of the Palo Alto Comprehensive Plan and d--.e concommHant amortization schedules for
businesses cL..'"'Signated as non-confonning uses,. the Insti tute has beer, notified by the City of Palo
Alto that it must vacate the pmni. .... by July 20, 1993. The building at 440 Page Mill Road i,
presently owned by Page Milllndusttial Properties and our lca.."C with them tenninates on February
28,1995.
As Executi .... e Officer of the Instirute. r b2.vc met with Ken Schreiber and George Zirnmerrna.1.
of the Depanmenl of Planning and Community Environment. yourself, and a membra of the Qry
Counel1 to discuss the possibility tIllll an ex",n""" of the CUlT<nt use of this property be gran ted.
Afrc consultation with me Ciry Attorney's office. Mr. Scl-.rc:iber informed me that a legal
mechanism can be implemr.ntcd to allow a site and date specifiC extension. Indeed, it appe::L1"S that
the planning department staff are supportive of llJese eff'oru and that staff may recomme nd that an
extension be ap!"""ed by the City Council.
The Linus Pauling Instirme has recently curtailed some of its research projects and reduced
staff in OIlier to set aside ~me resources for tile future. rr IS likely that the financial oondition of the
Institute will improve in the indeterminate future due to bequests a.Eid orner sources of funding. If
we aR: to continue ttl conduct the orthomolecula:: t"e.!.eMCn that h3S the potential 10 signlficanLly
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improve the health and w(:'t:in g 0; people by reducing suffering (10 cancer, he:t."1 dhease,
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c.ac.ar-acr. and AIDS, an extension for f:ve years after lhe renr.inaIion d~te of our non", Qnfonring
use of the propeny i5 essential Thi~, short period of repric .. ·c should allow us to attain our objt'ctive
of flscal health and make re!ocation possible. The prt:s..!nl owners of the ~,uilding are fully
supporti .... e of this objective and ha ... ·c decla.."'ed that the), \loili extend our lease for Lhe ner:.ess.'U)'
additional years. The cu:rrer,t tenn.-s of our lease: are fa .... orn.ble and allow us to di.~ct most of our
income to research. Accordingly. the Irutitur.e request,> that th e ter.ninatloo date: be ree'Stablis.hed as
July 20, 1998.
I think that such an extension would cen.ainIy ser.'e the best interes~ of t1'1e residents of Palo
Alto. Professor Linus Pauling is the only person to have won twO l.mshared Nobel Pri~s, one for
o.emistty' and one for Peace. He W<1S presenteo.:! t.ie Prt-sidential:Medal for Merit b)' President
Truman. the NatilJrwl Meda.l of Scie:nce, and has been hOllured with numerous other scientiflc and
humanlor..arl awards. He is considc:red the: founder of molecular biology and molecular medi:me
and rJs seminal book, The Nanue Oflhe Chemical Bond, is the most influential scientific b<;.:)k of
~is century. He is also among the moSt cited authors in scientific literature. Profes.sor Pauling
discovered the ::ause of sickle-ccU an~mia and the structure of the aiph..1. he] Lx, wruch was
instrumental in the discovery of tr_~ stnJcrure of DNA by Watson and Crick. He invented and
proV=.ded lC the govemme:u an o;;ygen meter that helped. Allie..1 aviators and subrP.zrine crews
during World War IT. Subsequent to the war, this meter was used Ll1 hospitals to prevent blindness
in prtma.t:un:: infants. His effor-..s foe peace that resulted in his award of the Nobel Prize for Peace in
1962 were instrumental in abolishing the armospheric testing of nuclear weapons. And his
prediction that vitamins and Other natural :w bstan<.::es taken in larger than usual dietary amoums
could help prevent or treat di~ has been substantiated a...i'ter many yeaI'S of narc battles. The
National Canc:c:r L"lstirute, under the ~tion of Samuel Broder, convened a symposium in 1990
dedicated to reviewing the effect of vitamin C on cancer. Evidence is. stea.d..ily accumulating t.1a:
supplemental vitamin C and orher amioxidant vitamins may provide enormous benefit in pi:e'w'enting
or treating atherosclerosis and bea."'1 disease. Given the costs of health ca.~ in lJ'le Vnih~·.d States a..,~
the intractable difficulty in finding cures for cancer and OLief disea~s, Linus Pauling's pioneerin g
work in dcrnonsttaring the propbylactic value of vitaroins, particularly vitam..in C. should result in
decreased health care costs for ew~ryone. Linus Pauling's exceptional ... -isic~_ and scientific insight
has incalcuably benefitted humankind; he is an e;ll;traoniil1ary resource who needs these 13boratorie&
and colleagues to accompfish an imponanl goal, Qrruch is the allevi<itiO['l of human Suffering.
Whc::n the value of Ihis type of research, pioneered by Linus Pauling, is wt::ighed ag.ainst the
opportuni[)' [0 provide a handful of people with housing adjacent to the busiest intersection in Paio
Alto and directly above a toxic subterranean plume, 1 think thar it is fair to cO:1c1ude that the
cessation of die research would be a far worse alternative. The ImtitUle also confers intematioi1al
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prestige on Palo Alto, S)·~ scores of joo.malists and SL;e:tnsts fny~uro~ and Asia have. com'~ to
Palo Aha (0 intlTliew Pr6(e,;sor P. .. u!ing an.d othtr Institute scientists and produce: features on the
rese3.."C"h at::ti .... 1.ties of the Institute. I hope that you and t'l)c otht:r members of the Ciry Councu \arill
favorably regard this pro!"".L
Sincerely.
Stephen Lawson
Execu tivC' Officer
cc; --Ken Schreiber, DL"eCtOr, Depar.meot of Planning and Community En,:i,>"{)omcnt
George Zimmennan, Assistant Plannlng Official
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LINO !II. GVSLAXI
Palo Alto City Council
Palo Alto, CA 94301
""~ S><!:<tM"''''' ",,,C,.,,[ ",,""T1:: 100
" .... o ... ra (. ... L-'F::;" .. ' ... ~ •• :>,
:. I! 6.0110
SeptembLr 17, 199~
Honorable Mayor and Me~bers of the City Council:
~ ~} ~; ~ ] ~t. f: !TIl
~\\ ~_~ ;.;_ i!92 U:U
DEPI.J,:;7 ,,·;ENT OF pLA!'-oN;NG
CITy r}F PALO ALTO
we, the underEii9ned~ o~-n;er5 of the :building currently leased. to
Linus Pauling Institute and known as 440 Page Mill Road, wish to
inform the City Council that we 5up~rt the request of the l,inus
Pauling Institute to extend the amortization period.
Specifically, we are ~greeable to extending the lease to them for
a.n additional five years beyond the tennination elate of February
28, ~99S.
If there ia any further information you ~ay need from llS, please
feel free to call us at any time.
Very truly yours,
c:;L;;-0'~f-:..>---r
Lino M. Gusla:"li
Michael Atherton
~~;,,~~~
Ernest Ma.ncini
UlGjmt
cc: George Zimmerman. Planning Departmenc
Steve Lawscn, Linus Pauling Institute
'11 ~ i
rm~~\E~ti~ill) L~ <, P ~3 b;{
Mayor Gary Fazzi~~,
City of p~ro AltQ
25(; Haml:t,:::.n A'.e.
P. O. Bo'( lC'::'50
Palo Alto, CA. 54303
OEPAP TMENT OF PLANN\Nll
ClTVOF PALO ALTO
454 ['I~lGr2do AVE.,
Pall~ Alto, CA. 3430~
Septl?'l,bey ::.2, 19'-:3.2
Pl~ase Tef~r to our lett~r to yo~ of SRpte"ber 14, 1992.
paragraph 2, we should f'~ve sflown the l~n9tf' of time W~
would like tQ have our-dar,,:e studi':J's "nl:.,-,,:.':.nfQrmir,g use"
ext<::!liQ<?d. We ...,,)uld h':'pe th.a,t ' .. 'e ''''''~''Jld be p>:-.-mitte-i an
~);ten5i,:.n o:of teo" yeey=. 11':',1; tt,f,;' j;:..ti;:' .::,f 3!.-'1:, :,:~"th, 13'';3.
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15
·~S4 (:.:,l.:'r"ado Ave.
F..?l.:, Alt.:., CA. '34::.'r)6
Sept. E:i'~l.b!?r 1-1 r 193';::
Mayor Gary F~zlino
City of Palo Alto
250 Hamtlt..:on Ave.
P. O. Be.x 10250
Pal.::. Al tQ, CA. 94303
As you are ~ware, our studio has been classified as a
"'lcono:.:onforming use" in the z,:·ne di:.i;ri.::-t, .... here WE' ha.v~
been in operation for fil years {as elf Septembe!"" 1932).
hav~ received notice t~a.t we must terminat~ by July 20,
We
1'333.
We are ~~~lng your help in obt~inlng an e~tension whi~h would
.::II:>rmi'.: us to c·-.... tinue to:-operate in the sa.me ma~ne ... as '..iE'
have fcor these IT,any years.
Our students "'an~e fy·::.m age 3 to:, 33~ We teadl 0:1 asses in
Tap, Ballet, Jazz a..,d Ballroc'lTj. Our classes are small. We
aI~Q ilave special ballroom classes for Jr. High and Higf,
School students where s.j.:-ial etiquette (e.y .:onsideratieofl (0:-'1'
others) is taught. W~ hope thi~ instruction will carry
throug~' in thei r adi..ll t life. Our students have pp.r formed fe'T
convalescent h':ome'S and .:ity fun~li(:,r.s. In fa·:t Hest..::·n .3nd
and 5c<mp. of st..Jdents peyfQrm(;'d 'period b.:.llYc,,':'m dan':es tCor tho?
City's 75th .:elebr.al;i':'~, .and n.~,'" the ':ity is alm.:.st ready t,:,
celebrate the 100th. We all have come a long ~ay!
We ~cwe little Qr-n';. impa.:t .:-on .:.o.;r ni'Jighb.:,yo:;:. The tr3f'l":
is minimal and '.JE' have n,:,t had B,ny ':':'fTlplaint"S ff" • .:..ffi ''::'1I1"
neig~1bQrs. In, (a.:t, se'/~.?r~l ':,( .:d.Jr n'~'l9hb':'j 0;, f:.;o.ve l;·:,ld tiS
th"~y .... :-,..IId SUPP-:-JTt us itl this eff·:,t t"
1,le hop>~ J"'::'I.J, f13YO'1'" ~-".:.~jrl';', .,"Il':! th", "P'':;-'',.,Jo:'l-S thdt be" .... i 11
.;,:.rlsi dE'~, fav,~r.::\b:l y, t hi 5 E><;t ~_~n:.i·:'n .
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V(ieor (J~ I i ml"~~j m.Jr,
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