City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: November 6, 2023
Report #:2309-2070
TITLE
LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901-2905 Middlefield Road and Establishing a Separate Planned Community Zoning Designation for 702 Ellsworth Place to Enable the Development of a new Single-Story, Single-Family Residence.
CEQA Status -- Categorically Exempt Under CEQA Guidelines Sections 15061(b)(3), 15301, and 15303 (Continued from September 18, 2023)
RECOMMENDATION
Staff recommends that City Council adopt two ordinances amending Planned Community Ordinance 2343 for 2901-2905 Middlefield Road to establish separate Planned Community zoning designations for the existing 12-unit apartment building at 2901-2905 Middlefield Road (Attachment A) and the undeveloped lot at 702 Ellsworth Place to enable the development of a single-family residence (Attachment B).
BACKGROUND
The City Council held a public hearing on September 18, 2023 to consider the subject request.
Project background information is available online in the staff report prepared for that meeting.1
The City Council, on a 5-2 vote, continued the hearing with the main motion on the table and with direction to staff to attempt to resolve the issue of package deliveries on Ellsworth Place.
Some Councilmembers expressed interest to support the request with the following adjustments:
•Extend the access easement to Ellsworth Place from 24-feet to 26-feet in width; •Prohibit additional landscaping within the sight triangle at 2901 Middlefield Road; •Delete the word ‘perceived’ from the ordinance that establishes the easement; •Verify the accuracy of lot sizes identified in the ordinances; 1 September 18, 2023, City Council Staff Report:
https://cityofpaloalto.primegov.com/meeting/document/2722.pdf?name=Item%207%20Staff%20Report
•Provide for package delivery on 2901 Middlefield Road and coordinate with package delivery vendors to provide drop off lockers for residents on Ellsworth Place; and, •Extend the sight triangle at 702 Ellsworth to the southernmost corner of the property.
Staff revised the proposed ordinance based on this direction, as discussed in the Analysis section below. Staff additionally asked the applicant to investigate if it would be beneficial to lower a raised portion of the access drive that occurs near the property line boundary adjacent to Middlefield Road. The applicant contacted a grading contractor and the project traffic consultant, and both agree that the existing condition is suitable and appropriate for the site.
The raised bump condition near the sidewalk causes motorists to slow down when entering or exiting the property. Slower traffic lessens the chance of collision or injury. Moreover, the raised bump does not impede visual access exiting onto Middlefield Road. The City’s Office of Transportation has similarly reviewed the condition and concurs with these findings, conditioned upon the maintenance of vegetation in the planting strips next to the sidewalk to ensure visibility; this requirement has been incorporated into the Site Development Regulations (Section 5(a)) contained in both of the proposed ordinances.
Additionally, there may also be drainage-related concerns if the raised portion were lowered but staff did not pursue that further given the safety findings above.
ANALYSIS
Responses to the City Council’s direction are provided below. 26-Foot-Wide Easement to Provide Access to Ellsworth Place The City Council expressed preference for a 26-foot-wide easement to provide access from Middlefield Road to Ellsworth Place.
Both PC ordinances have been revised to require additional asphalt paved sections along both sides of Ellsworth Place, that, when combined with the existing paved area, would result in a 26-foot wide easement over the first 37 feet of Ellsworth Place. The ordinances also require the property owners to record easements designating the additional paved sections for ingress and egress to the other properties on Ellsworth Place.
At the time this report was prepared, the owner of 2901-2905 Middlefield Road has not indicated agreement or support for the additional easement width request. The owner of 702 Ellsworth Place supports the request in combination with a taller front yard fence within the sight triangle (see heading further below and Attachment C).
Landscaping Within Sight Triangles
The proposed ordinance for 702 Ellsworth Place PC already limits new impediments to a height of one foot within the sight triangle. The City Council expressed a preference for similar restrictions for the sight triangle on the 2901-2905 Middlefield Road. The proposed ordinance for 2901-2905 Middlefield Road PC has been updated accordingly.
Verify the Accuracy of Lot Sizes
Staff reviewed the draft PC ordinances and found no discrepancy in the lot sizes. Staff has made minor, non-substantive changes to the ordinances to clarify requirements regarding dimensions and locations of the additional paved sections along Ellsworth Place, sight triangles, and parking and loading areas.
Package Delivery & Drop Off Lockers for Ellsworth Place Residents The applicant reports contacting UPS and FedEx and states that residential drop off containers are not available from those companies. Efforts to contact Amazon were not successful. Staff similarly attempted internet-based searches to see if there were coordinated residential drop off arrangements between companies but was unsuccessful finding a solution.
The property owner for 2901-2905 Middlefield Road concludes that a community package delivery drop box solution is not feasible and is not an approach the applicant is willing to pursue. The property owner restates a perspective that the proposed temporary loading zone design represents an improvement for the residents at Ellsworth Place and that the current system that Ellsworth Place residents rely upon for their parcel delivery involves trespassing on private property.
Staff concurs that a communal parcel drop box supported by many delivery vendors is not practical and that the loading zone space can reasonably accommodate certain-sized delivery trucks. For larger trucks, staff recommends a sign be posted at Middlefield Road before accessing the private easement directing delivery trucks over 24 feet to use a designated loading space on Sutter Avenue. The loading zone space on Sutter Avenue would occupy two parking spaces (approximately 40 feet) and have signs and a white-painted curb restricting non- loading zone parking. The installation of curb paint along the Sutter Avenue frontage of 2901 Middlefield for a loading zone space has been added as a new requirement to SECTION 1 item (d) sub-item (ii) in the PC ordinance for 2901 Middlefield Road, to offset the nominal cost for a loading zone installation. Staff recommends the installation of a sign stating “No Delivery Trucks Over 24' long” below or above the existing ‘No Outlet’ sign located within the Middlefield right of way between the sidewalk and Handa’s property. This has been added to SECTION 5 item (a) sub-item (v) of the PC ordinance for 702 Ellsworth, as an exception to the ‘no new impediments over one foot in height’ rule.
Extend Sight Triangle for 702 Ellsworth to Southernmost Property Corner This provision has been incorporated into the PC ordinance for 702 Ellsworth Place. By extending the sight triangle endpoint to the southernmost property corner along Middlefield Road, the ordinance introduces further restrictions on vegetation, fences and other impediments to one foot or less in height within the extended triangle area. This new sight triangle area would affect approximately 14 additional feet of fence length along Middlefield to reach the southernmost corner of 702 Ellsworth Place. The PC ordinance retains the restriction on new impediments taller than one foot within the sight triangle.
As noted above, the owner for this property objects to the 12-inch fence height restriction citing safety concerns and noting other properties do not have the same requirement. In exchange for the increased easement width for this property, the owner requests approval for a 36-inch tall wrought iron fence within the sight triangle that is set back four feet from the sidewalk. Two design options are proposed, including one that provides an angled design to eliminate any obstruction within six feet of the intersection of Ellsworth Place and the Middlefield Road sidewalk. More information is available in Attachment C.
Staff notes that the municipal code does permit a 36-inch tall fence within the sight triangle.
Moreover, in consultation with the City’s Office of Transportation, a 36-inch tall fence with openings such as wrought iron and located four feet back from the sidewalk, would not obstruct visibility of pedestrians walking on the sidewalk or motorists entering or exiting Ellsworth Place. Staff had supported a similar design concept when the project was reviewed by the PTC who added the one-foot tall fence height restriction; staff carried forward the PTC’s recommendation to the City Council when this item was considered in August.
Communications Pole Relocation on 2901 Middlefield Road When assessing the implications of a 26-foot-wide easement on the subject property, staff learned that the proposal to relocate the bracing for the existing AT&T pole requires modification. To improve access to one of the planned parking spaces near the apartment building and address bracing requirements, the existing communications pole will require relocation. The image in Exhibit 2 attached to the 2901 Middlefield ordinance shows the approximate location of the new communications pole and will require coordination with AT&T for communication line trenching, removing the existing pole, and rewiring from the new pole to the existing pole on the property line with 705 Ellsworth Place. The PC ordinance for 2901- 2905 Middlefield has been revised to require the relocation of the communications pole as depicted in Exhibit 2 of the 2901-2905 Middlefield ordinance prior to the issuance of a building permit for the property at 702 Ellsworth Place, at the property owner’s expense.
Construction Logistics Plan
While not typically required for new single-family home construction, given community concerns expressed about site access and visibility, the adjacency to Middlefield Road, and that Ellsworth residents rely on the 702 Ellsworth Place easement for ingress and egress to their properties, staff has added a requirement that the property owner of 702 Ellsworth place prepare a construction logistics plan for approval by the City prior to the issuance of a building permit for the new home. The logistics plan will address construction staging, construction worker parking, and material deliveries during site preparation and construction. It will also include best practices for dust mitigation, stipulate permitted construction activities, hours, and noise requirements, and include contact information for construction-related complaints.
Moreover, to offset city enforcement costs, staff recommends including a $5,000 deposit to respond to construction-related complaints that may arise from this project. The deposit would be replenished after reaching a certain amount specified in the ordinance, and unspent portions refunded upon issuance of the certificate of occupancy.
FISCAL/RESOURCE IMPACT
The recommendation included with this report does not have any significant fiscal impacts but does include conditions of approval to off-set costs associated with anticipated code enforcement during construction and installation of some signs and street markings.
STAKEHOLDER ENGAGEMENT
Notice of the subject hearing was mailed to owners and occupants within 600 feet of the properties, posted in the local paper, online and placed at the public information kiosk on Martin Luther King Jr. Plaza at City Hall, in accordance with local requirements and procedures.
ENVIRONMENTAL REVIEW
Council action on this item is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) in that it can be seen with certainty that minor changes to the parking configuration at 2901-2905 Middlefield Road and construction of a single-family home will not result in a significant impact on the environment. Council action on the PC ordinance for 2901-2905 Middlefield Road (Attachment A) is also categorically exempt under CEQA Guidelines section 15301 (minor alterations to existing facilities). Council action on the PC ordinance for 702 Ellsworth Place (Attachment B) is also categorically exempt under CEQA Guidelines section 15303 (construction of a new single family residence).
ATTACHMENTS
Attachment A: Planned Community 2343 Amendment Ordinance for 2901 Middlefield Attachment B: Planned Community Ordinance for 702 Ellsworth Place Attachment C: Email/Letter from Nitin Handa, owner for 702 Ellsworth Place APPROVED BY:
Jonathan Lait, Planning and Development Services Director