Item 7 Public Comments Received November 6, 2023 — Palo Alto City Council, December 11, 2023

From: billp28
To: Planning Commission; Council, City
Subject: Regarding the Application for Amending of PC2343 - 702 Ellsworth Place and 2901 - 2905 Middlefield Road Date: Monday, November 6, 2023 11:09:42 AM
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Regarding: LEGISLATIVE - Amending Planned Community 2343 zoning for 2901 - 2905 Middlefield Road
Dear Mayor Kou, Vice Mayor Stone, and members of the City of Palo Alto City Council, The City Council’s attempt to resolve the zoning dispute on Sept 18 shows some very careful reasoning.

Enhanced traffic entry and exit safety measures make good sense if is decided that the present parking lot must accommodate a new substandard R1 project.

Adding to this I believe the "Ellsworth Place Neighbors Request" of November 2nd, which employs a UPS-approved delivery space right on Ellsworth Place, is an even better step forward because it defines truck turnaround space that can double as a parking space.

I
like that this removes vehicle congestion at the entrance of Ellsworth Place.

All of this means that the Sutter Avenue public parking should remain unchanged.

It need
not be taken away for private developer use.

The requests of the Ellsworth Place Neighbors in the letter mentioned above nicely work with the Council's thinking by improving safety and circulation to benefit the street traffic and the greater Midtown community.

Thanks, Bill Preucel
(700 block Colorado Ave, frequent visitor to Ellsworth Place on foot and by bicycle) From: Jeff Levinsky
To: Council, City
Subject: Suggested Improvements to Ellsworth Place Ordinances Date: Saturday, November 4, 2023 5:31:42 PM
Attachments: Ellsworth Phone Pole Proposal.png
Ellsworth Ordinance Changes for Improved Delivery Access.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.

Dear City Council Members:

Here are some quick suggestions to improve the proposed Ellsworth Place PC ordinances:

Delivery Space

It emerged at your last hearing on the Ellsworth PC applications that the proposed delivery area off Ellsworth was too small for typical delivery vehicles.

The latest staff report suggests adding a delivery area on Sutter, but

· the round-trip walk from the proposed parking area on Sutter to some Ellsworth homes is about 1/3 of a mile, which is further than UPS and Amazon drivers will walk to make deliveries, and · it takes away needed public parking on Sutter.

So the new proposal doesn’t solve the problem that the Council was trying to address and actually makes things worse by removing public parking.

An alternative solution submitted on November 3 by Kristen Van Fleet follows a suggestion from staff back on February 24.

It uses the same two new parking areas proposed on the south side of the apartment building along Ellsworth but simply swaps their use.

Its benefits include:

1. An adequately-sized delivery truck parking area right on Ellsworth

2. No public parking removed from Sutter

3. No reduction in tenant parking spaces for the apartment building

4. No need to start restricting delivery truck size on Ellsworth

5. Ellsworth can be widened to 26 feet for almost 100 feet from Middlefield

6. Modest extra cost, given that the telephone pole that blocked this solution previously is slated to be relocated anyway

Here’s how this improved approach works:

Please see the attached for how you might amend the proposed ordinances to achieve this.

Wrought-Iron Fence

Please note that the photograph of a wrought-iron fence submitted by one of the applicants in an October 19th letter in the staff report shows the view through a single wrought-iron fence. However, the proposal would require looking through two wrought-iron fences: one alongside Ellsworth and another alongside Middlefield.

The photograph is also not taken from the same position and angle that drivers, bicyclists, and pedestrians would have.

Additionally, the photograph also shows grass on the other side of the wrought-iron fence, whereas people looking through the proposed fencing at Ellsworth and Middlefield will see a much more complex background, making it harder to spot hazards,

Please also note that the proposed ordinance still allows about half of the front yard to be enclosed by a three-foot fence. The side and rear yards can be completely fenced. So there’s no need to adjust the ordinance for fencing.

Costs

It’s appropriate that the City ask the applicants to bear any costs for the new PCs. The proposed ordinances upzone the existing PC by allowing for a new residential site valued at about $1,000,000. based on its recent sale, and allowing the apartment building to have twelve units on the remaining land, whereas our zoning laws would allow it only nine units.

Thank you,

Jeff Levinsky
Not Yet Adopted
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Policy L-1.6 Discourage the use of fences that obscure the view of the front of houses from the street. The use and improvements on the site are remaining unchanged from existing conditions, which are compatible with existing and potential uses on adjoining sites.

SECTION 2. Amendment of Zoning Map.

Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended to rezone the certain property known as 2901-2905 Middlefield Road from PC -2343 to " PC- XXXX.” The subject property and revised zoning designation is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference.

SECTION 3. Development Plan

Those certain plans entitled PROPOSED PC AMENDMENT TO PC 2343, DATED 1967, a copy of which is attached hereto as Exhibit “B” and incorporated herein, are hereby approved as the Development Plan for the subject property.

SECTION 4. Uses.

(a) Permitted Uses. The permitted uses within the PC boundary shall be limited to a 12-unit apartment building: The existing apartment building shall remain on the 2901-2905 Middlefield site within the PC boundary. Covered and uncovered parking for the tenants shall be provided in accordance with Section 5(b) of this ordinance.

SECTION 5. Site Development Regulations.

(a) Compliance with Development Plan. All improvements and development shall be substantially in accordance with the Development Plan, except as modified herein. (i) A 42-inch-wide swath of asphalt paving shall be created alongside the northern edge of Ellsworth Place beginning at the Middlefield Road curb line and extending eastward approximately 37 feet to the location of an existing communications utility pole guy-wire, to increase the perceived width of Ellsworth Place. (ii) This additional paved area shall be maintained remain clear of obstructions. (iii) Prior to final inspection of any improvements on the site, Dewey property owner shall offer prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place.
(iv) Any exterior changes to the apartment building or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone or, if eligible, Architectural Review approval under Section 18.76 of the Palo Alto Municipal Code, as it is amended from time to time.

Not Yet Adopted
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(vi) The 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by new plants, fences, or other objects taller than 1 foot.
(vii) The property owner shall maintain vegetation at a height of 1 foot or less in the planter strip between the Middlefield Road curb and sidewalk.

(b) Parking and Loading Requirements.
(i) One c overed parking space shall be provided for each of the 12 residential apartments. In addition, four uncovered spaces and a truck delivery space shall be provided on the 2901-2905 Middlefield property, accessible from Ellsworth Place, as shown on the Development Plan.
(ii) A curbside loading zone 40 feet in length shall be designated on Sutter Avenue in front of 2901 Middlefield Road with signage and curb painting. (iii) Property owner shall install a sign restricting the length of delivery vehicles on Ellsworth Place to 24’ or shorter. The sign shall be placed above or below the existing “No Outlet” sign installed in the Middlefield Road right of way, between the sidewalk and the Ellsworth Parcel.
(iv) Property owner shall rest ripe the existing parking facility to assign three uncovered parking spaces to meet current code requirements for tenant parking. (v) To facilitate the provision of off- street parking space #16, property owner shall relocate the existing communications utility pole and install any improvements as required by the Director of Utilities and the Director of Planning and Development Services to comply with parking design and safety standards. (vi) Property owner shall be responsible for all costs associated with fulfilling the requirements of this paragraph.

(c) Trash Enclosures and Pickup. Trash enclosures and pickup shall be maintained with access from Sutter Avenue, and not from Ellsworth Place.

(d) Development Schedule. The parking lot re striping on 2901-2905 Middlefield Road shall be immediately implemented upon the effective date of this ordinance. Off-street parking space #16 shall be provided prior to issuance of building permits for the construction of the 702 Ellsworth Place residence. Construction of the improvements to Ellsworth Place the Middlefield Parcel shall be completed within twelve (12) months of the effective date of this ordinance.

(e) Minor Variations in Project . Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for architectural review. “Minor” changes do not include changes in land use.

SECTION 6. The City Council finds that this ordinance is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) because it can be seen with certainty that minor changes to the parking configuration at 2901 - 2905 Middlefield Road and construction of a single-family home pursuant to Ordinance No. XXXX will not result in a significant impact on the environment. The City Council finds that this Not Yet Adopted
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ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Rezone the Property at 702 Ellsworth Place from Planned Community Ordinance 2343 (PC-2343) to Planned Community Ordinance XXXX (PC-XXXX).

The Council of the City of Palo Alto does ORDAIN as follows:

S ECTION 1. Findings and Declarations .

(a) On February 2, 2023 , Dewey Land Company LLC (“Dewey”) and Handa Developer’s Group/RRP (“Handa”) applied to amend Planned Community Ordinance 2343 (“PC- 2343”) to apply solely to the property at 2901 -2905 Middlefield Road , APN 127 -35-194, (“Middlefield Parcel”) and rezone the property at 702 Ellsworth Place , APN 127- 35-152, (“Ellsworth Parcel”) from Planned Community to Single Family Residential (R-1).

(b) At a March 13, 2023 study session , the City Council considered the prescreening application and indicated the project applicants should proceed with a formal PC rezoning application to the Planning and Transportation Commission for a recommendation.

(c) On June 28, 2023, July 12, 2023, and August 9, 2023 the Palo Alto Planning and Transportation Commission (“PTC”) held a series of public hearings to consider the application.

The PTC recommended that PC -2343 be amended to remove the Ellsworth Parcel and to adopt two new PC ordinances to govern the Middlefield Parcel and Ellsworth Parcel, respectively, along with a corresponding amendment to Section 18.08.040 of the Palo Alto M unicipal Code (Zoning Map).

(d) The amendment recommended by the PTC would remove the approximately 6,493 square foot parcel currently owned by Handa at 702 Ellsworth from PC -2343 and redesignate it as a separate PC, for the purpose of constructing a single-story, single-family residence. The PTC recommended the following conditions:
(i) the development plan shall include a 2 ’6”-wide swath of pave ment alongside Ellsworth Place beginning at the Middlefield Road curb line and extending to the proposed walkway to the single -family residence to increase the width of Ellsworth Place,
(ii) the 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by new plants, fences, or other objects taller than 1 foot,
(iii) the 24-foot special setback from Middlefield Road shall be observed, (iv) the setback from the creek shall be determined by a slope stability analysis, (v) and a 6-foot setback shall apply to the rear property line, except with respect to a detached garage.

Not Yet Adopted
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(e) The PTC recommended concurrent adoption of a companion ordinance (Ordinance No.

XXXX) to reduce the area of the Planned Community PC -2343 from approximately 26,386 sf to approximately 19,893 square feet to encompass 2901 -2905 Middlefield Road, a 12 -unit apartment building currently owned by Dewey.

(f) The City Council held public hearings on September 18, 2023 and November 6, 2023 to consider the PTC’s recommendation and additional public input, and made further amendments to those recommendations regarding the width of Ellsworth Place and the sight triangle at the southeast corner of the intersection of Ellsworth Place and Middlefield Road, as set forth below.

(g) The Council, after due consideration of the PTC’s recommendations, finds:
(i) The site is so situated and the uses proposed for the site are of such characteristics that the application of general districts or combining zoning districts will not provide sufficient flexibility to allow the proposed development; the City's conventional zoning district RM20 would not permit the existing 12 unit structure on the proposed 0.46 acre site
(ii) A
mendment to the existing Planned Community PC -2343 will provide public benefits expected to result from the Project, including expanded ingress and egress for the exist ing residences on Ellsworth Place through additional easements, that, when combined, would result in a 26-foot wide easement over the first 37 feet of Ellsworth Place, an additional 5- foot long by 3 0-inch wide easement on 702 Ellsworth Place , and the construction of an additional dwelling unit.
(iii) T he Council further finds that the Project provides public benefits, as described above, that are of sufficient importance to make the Project, as a whole, one with reasonable public benefit.
(iv) The propos ed single -family residence is compatible with existing and potential uses on adjoining sites or within the general vicinity , which are typically single - family residences and one 12-unit apartment complex.
(v) The use permitted and the site development regulati ons are consistent with the following Palo Alto Comprehensive Plan policies and are , on balance consistent with the goals and purposes of the Comprehensive Plan:

Policy L-1.1 Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.

Policy L-1.2 Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts.

Policy L-1.3 Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures.

Policy L-1.4 Avoid negative impacts of basement construction for single -family homes on adjacent properties, public resources, and the natural environment.

Not Yet Adopted
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Policy L-1.5 Design buildings to complement streets and public spaces; to promote personal safety, public health and well -being; and to enhance a sense of community safety.

Policy L-1.6 Discourage the use of fences that obscure the view of the front of houses from the street. The use and improvements on the site are remaining unchanged from existing conditions, which are compatible with existing and potential uses on adjoining sites.

SECTION 2. A mendment of Zoning Map.

Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended to rezone the certain property known as 702 Ellsworth Plac e from PC -2343 to “ PC-XXXX.” The subject property and revised zoning des ignation is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference.

S
ECTION 3. Development Plan

Those certain plans entitled Proposed Development Plan 702 Ellsworth , a copy of which is attached hereto as Exhibit “B” and incorporated herein, are hereby approved as the Development Plan for the subject property.

S
ECTION 4. Uses.

(a) P
ermitted Uses . The permitted uses within the PC boundary shall be limited to a single- family residence.

S
ECTION 5. Site Development Regulations.

(a) C
ompliance with Development Plan. All improvements and development shall be substantially in accordance with the Development Plan, except as modified herein. (i) A ny exterior changes to the single-family residence or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone or, if eligible, Architectural Review approval under Section 18.76 of the Palo Alto Municipal Code, as it is amended from time to time.
(ii) The
development plan shall include a 2-foot, 6 -inch-wide swath of asphalt pavement alongside the southern edge of Ellsworth Place beginning at the Middlefield Road curb line and extending eastward approximately 42 feet to the proposed walkway to the single-family residence, to increase the perceived width of Ellsworth Place.
(iii) This additional paved area shall remain clear of obstructions . (iv) P rior to final inspections for any structure on the site, Handa shall offer prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place.

Not Yet Adopted
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(v) The sight triangle at the southeast corner of the intersection of Ellsworth Place and Middlefield Road shall extend to the southernmost corner of the property along Middlefield Road and shall not be obstructed by new impediments taller than 1 foot, except for the installation of a n additional sign stating “No Delivery Trucks Over 24’ long” below or above the existing ‘No Outlet’ sign located within the Middlefield Road right of way between the sidewalk and Handa’s property. (vi) The property owner shall maintain the vegetation in the Middlefield right of way planting strip between the curb and sidewalk at a height no taller than 1 foot. (vii) The 24-foot special setback from Middlefield Road shall be observed, (viii) The setback from the creek shall be determined by a slope stability analysis, but no less than 6 feet.
(ix) A 6-foot setback shall apply to the rear property line, except with respect to a detached garage

(b) Logistics Plan. A logistics plan shall be submitted for City approval pr ior to the issuance of a building permit for the construction of the new residence at 702 Ellsworth. The logistics plan shall address construction staging, construction worker parking, and material deliveries during site preparation and construction. It shall also include best practices for dust mitigation, stipulate permitted construction activities, hours and noise requirements, and include contact information for construction-related complaints. The property owner shall provide a $5,000 deposit to offset City’s enforcement costs reasonably incurred in responding to construction- related complaints that may arise from this project. If the deposit account balance falls to $1,000 or lower, t he deposit account balance shall be replenished to $5,000. Any funds remaining in the deposit account shall be refunded to property owner upon issuance of the certificate of occupancy for the residence.

(c) De
velopment Schedule . Construction of the improvements to Ellsworth Place shall be completed within twelve (12 ) months of the effective date of this ordinance. Construction of other improvements shall be completed within twenty-four (24) months of the effective date of this ordinance.

(d) M
inor Variations in Project . Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for architectural review. “Minor” changes do not include changes in land use.

S
ECTION 6. The City Council finds that this ordinance is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) because it can be seen with certainty that construction of a single -family home pursuant to will not result in a significant impact on the environment. The City Council finds that this ordinance is additionally categorically exempt under Section 15303 of the CEQA Guidelines, as it approves construction of a new single-family residence.

S
ECTION 7. This ordinance shall be effective on the thirty-first day after the date of its adoption.

From: Camas J. Steinmetz
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Cc: French, Amy; Lait, Jonathan; Arellano, Caio; Stump, Molly; Sauls, Garrett; Richard Dewey; Hayes, Ken; Gary Black; Nitin Handa
Subject: Please Replace - 2901-05 Middlefield Applicant Letter - Agenda Item no. 10 - Nov 6 CC Meeting Date: Friday, November 3, 2023 5:41:00 PM
Attachments: image001.png
Rv 2- 2901-05 Middlefield Applicant Attorney Ltr to Council - Item No. 10 (11-6-23 Hearing) .pdf Importance: High
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Please replace the earlier letter sent with the attached corrected version (eliminating what was previously item no. 4 objecting to the 12” height limitation in the sight triangle).

Sincerely,

Camas J. Steinmetz, Esq.

Jorgenson, Siegel, McClure & Flegel, LLP

1100 Alma Street, Suite 210 | Menlo Park, CA

94025
Phone: (650) 743-9700 |Email: [email protected]

From:

Camas J. Steinmetz
Sent: Friday, November 3, 2023 5:04 PM
To: Council, City <[email protected]>; [email protected]; Kou, Lydia <[email protected]>; Lauing, Ed <[email protected]>; Lythcott-Haims, Julie <[email protected]>; Stone, Greer <[email protected]>; Tanaka, Greg <[email protected]>; Veenker, Vicki <[email protected]> Cc: Amy French ([email protected]) <[email protected]>; Lait, Jonathan <[email protected]>; Arellano, Caio <[email protected]>; Stump, Molly <[email protected]>; Sauls, Garrett <[email protected]>; Richard Dewey <[email protected]>; Ken Hayes <[email protected]>; Gary Black <[email protected]>; Nitin Handa <[email protected]> Subject: 2901-05 Middlefield Applicant Letter - Agenda Item no. 10 - Nov 6 CC Meeting Importance: High

Honorable Mayor and Members of the Council,

Please see and consider the attached letter prior to taking action on the above referenced agenda item at Monday’s hearing.

Sincerely,

Camas J. Steinmetz, Esq.

Jorgenson, Siegel, McClure & Flegel, LLP

1100 Alma Street, Suite 210 | Menlo Park, CA

94025
Phone: (650) 743-9700 |Email: [email protected]

W I L L I A M L. M c C L U R E
J O H N L. F L E G E L
D A N K. S I E G E L
J E N N I F E R H. F R I E D M A N
M I N D I E S. R O M A N O W S K Y
D A V I D L. A C H
G R E G O R Y K. K L I N G S P O R N
N I C O L A S A. F L E G E L
K R I S T I N A A . F E N TO N
K I M B E R L Y J . B R U M M E R
C A M A S J . S T E I N M E T Z
P H I L I P S . S O U S A
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B R I T T N E Y L. S T A N D L E Y
C H R I S T I A N D. P E T R A N G E L O

JORGENSON, SIEGEL, McCLURE & FLEGEL, LLP

ATTORNEYS AT LAW
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November 3, 2023

Mayor Kou and Members of the City Council
City of Palo Alto
[email protected]

Via Email
Re: November 6, 2023 Agenda Item No. 10 - Ordinance Amending Planned Community 2343 Zoning for 2901 -2905 Middlefield Road and Ordinance Establishing a New Planned Community Zoning Designation for 702 Ellsworth Place

Dear Honorable Mayor Kou and Members of the City Council:

The above referenced item is returning to you on Monday, November 6th after no less than five public hearings and over 15 hours of public testimony and deliberations – all to rectify a zoning map mistake made by the City decades ago that both applicants relied upon when they purchased their respective properties. We are all more than ready for this to be over and done with, but there are new conditions set forth in the draft ordinances attached to the November 6th Staff Report #:2309-2070 that staff did not alert us to and which my client, RLD Land LLC, the owner of the apartment building at 2901-2905 Middlefield, simply cannot accept:

1. Requiring Further Widening of Ellsworth Place Would Constitute a Taking Staff clearly explained in its September 18th City Council Staff Report (#2309-2070) and in prior public hearings that there was no nexus between the impacts of this application and any requirement to widen Ellsworth Place and accordingly, recommended that the Council not require widening of Ellsworth Place beyond the four (4) feet already voluntarily offered by the applicants:

2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

2 Please see my letter to the City Council dated September 15, 2023 which further supports this position and explains that any additional widening of Ellsworth Place would be an unwarranted exaction resulting in an unconstitutional taking of private property without just compensation.

Moreover, as concluded by Gary Black, President of Hexagon Transportation Consultants, Inc., widening Ellsworth Place would not serve any benefit and if fact could pose a safety risk. As stated in his email dated September 25, 2023: “… In fact, Hexagon is not in favor of widening the street/driveway beyond the existing 20 feet. Even widening to 24 feet could encourage higher speeds for the turn...” Hexagon Transportation Consultants, Inc.’s traffic report dated April 14, 2023, which was accepted by City transportation staff, concludes that “[t]he existing 20 feet width of Ellsworth Place is adequate for two-way traffic and emergency vehicles access” and “[t] he existing intersection of Ellsworth Place with Middlefield Road has adequate width.” Please also see Hexagon’s memorandum dated November 3, 2023 enclosed as Attachment 1.

Given there is not only no essential nexus, but no benefit and a possible safety risk to further widening Ellsworth Place beyond what the applicants have voluntarily offered, we were frankly shocked to see that the November 6th Staff Report included revisions to the 2901-05 Middlefield PC Ordinance requiring my client to not only increase the paved with of Ellsworth Place by an additional 12 inches, but grant a private easement over this additional required width to private properties fronting Ellsworth Place. And this despite acknowledging that my client “has not indicated agreement or support for the additional easement width request.” Accordingly, we request that Section 5(a)(ii) of the 2901-05 Middlefield PC Ordinance replace the stated “42 inches” with the voluntarily offered “30 inches” set forth in the 2901-05 Middlefield PC Ordinance attached to the September 18th Staff Report.

2. Requiring Relocation of the Utility Pole Can and Should be Avoided By Reconfiguring the Bracing or the Proposed Redesign of Parking Space #16 Our project team was alerted by City staff late last week that they believed a utility pole would interfere with proposed parking space #16 and that this pole would need to be relocated closer to my client’s building and Middlefield Road possibly requiring removal of an olive tree, and that because this pole supported a second city utility pole, this second utility pole would need to be replaced with an upgraded pole.

To begin with, the first utility pole at issue has no right to be in its current location. Based on a survey conducted when my client purchased his property in 2017 (provided to city staff and the City Attorney’s office) this utility pole and its supportive horizontal bracing did not exist.

2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

3 Apparently, they were located onto his property at some point after he purchased it without his permission. Based on the First American Titel Company preliminary title report and easement map that we have provided to the City Attorney’s Office, there is no easement on my client’s property that allows for this utility pole to be where it currently is. The location designated by staff for its proposed relocation encroaches even further onto my client’s property. Therefore, aside from the cost and complications of relocating this utility pole (and replacing the second utility pole) my client is not agreeable to it further encroaching onto his property.

As we understand it the obstacle here is not the pole itself but its supportive horizontal bracing which we believe can be reconfigured to eliminate the obstacle. Alternatively, we have revised the parking plan to avoid the cost, complications and property rights issues associated with the utility pole(s) relocation. This design, enclosed as Attachment 2, was delivered this morning to City staff and was reviewed and vetted by Hexagon Transportation Consultants in the enclosed memorandum dated November 3, 2023 (Attachment 1).

Accordingly, we request that the condition set forth in Section 5(b)(v) of the 2901-05 Middlefield PC Ordinance be modified as follows:
(v) To facilitate the provision of off-street parking space #16, property owner shall at its option: (1) relocate reconfigure the horizontal bracing to the existing communications utility pole and install any improvements as required to comply with parking design and safety standards if determined to be feasible by the Director of Utilities and the Director of Planning and Development Services to comply with parking design and safety standards; or (2) implement the alternative design for parking space # 16 presented by Ken Hayes of Hayes Group Architects at the City Council November 6, 2023 meeting, or another alternative design presented by the property owner to the reasonable satisfaction of the Director of Utilities and the Director of Planning and Development Services.

3. Sutter Ave. Striping and Signage – No Nexus but Okay My client has no substantive objections to the new conditions set forth in Sections 5(b)(ii), (iii) and (iv), but there is no essential nexus between these additional exactions and the impacts of his project. Therefore, he should not be required to pay for them. However, in the interest of bringing this matter to a final decision at the hearing on Monday, he is willing to add these costs to the long list of significant costs he has expended to date and will be required to expend in attempt to rectify this City zoning mistake.

4. Disconnect Building Permit Issuance for 702 Ellsworth From Parking Space # 16 In the event relocation or replacement of any utility poles or their bracings are involved in providing parking space # 16 (see our request set forth in Section 2), such relocation and its timing would be entirely outside of my client’s control and dependent upon third party approvals including AT&T and City of Palo Alto Utilities. Accordingly, the 702 Ellsworth building permit 2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

4 issuance should not be tied to parking space # 16 and we request that this requirement set forth in Section 5(d) of the 2901-05 Middlefield PC Ordinance be removed.

5. Mr. Handa Should be Allowed a 36 inch High Fence on 702 Ellsworth My client supports either of Mr. Handa’s alternative proposals set forth in his October 19, 2023 letter that would allow for a maximum 36 inch fence height on the 702 Ellsworth property.

Accordingly, we request that the Council accept either of these proposals and revise the condition set forth in Section 5(a)(v) of the 702 Ellsworth PC Ordinance to allow for a 36” fence.

In closing, we would like to take this opportunity to reiterate the following objectives and community benefits that this project will accomplish:
• Resolve a decades old zoning map error by the City that was reiterated by Planning staff in its communications to both applicants and relied upon by both applicants in purchasing their respective properties.
• Allow for an additional single-family home to be added to the City’s housing stock. • Accommodate all current required parking for the existing 12 -unit apartment building on site at 2901-05 Middlefield Road
• Create an enhanced 35-foot sight triangle at Ellsworth/Middlefield. • Widen the curb cut approach at Ellsworth/Middlefield by 4 feet to a total of 28 feet at the street flare.
• Widen the width of Ellsworth Place to 24 ft by (1) paving an additional 30-inch width on the 2901-05 Middlefield side beginning at the Middlefield Road curb line and extending approximately 37 feet to the location of an existing utility pole guy -wire; (2) paving an additional 18-inch width on the 702 Ellsworth side beginning at the Middlefield Road curb line and extending approximately 42 feet to the proposed walkway to the single -family residence.
• Grant and record an ingress and egress easement over the additional paved width to the other private properties fronting Ellsworth Place.
• Provide a temporary delivery and loading space onsite at 2901-05 Middlefield Road and a temporary loading space on Sutter Ave.
• Reduce vehicle trips on Ellsworth by reducing the number of parking spaces using Ellsworth Place and accommodating all current required parking for the 12 -unit apartment complex onsite and moving the trash pickup to the Sutter entrance.

2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

5 Accordingly, we respectfully request that you approve the PC Ordinances for 2901-05 Middlefield and 702 Ellsworth with the revisions requested above.

Respectfully submitted,
JORGENSON, SIEGEL, McCLURE & FLEGEL, LLP
By:

Camas Steinmetz
Cc: Molly Stump, City Attorney
Caio Arellano, Chief Assistant City Attorney
Jonathan Lait, Planning and Development Director
Amy French, Chief Planning Official
Garret Saul, Project Planner
Ken Hayes, Architect
Nitin Handa
Client

2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

6 Attachment 1

2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

7 Attachment 2

From: Camas J. Steinmetz
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Cc: French, Amy; Lait, Jonathan; Arellano, Caio; Stump, Molly; Sauls, Garrett; Richard Dewey; Hayes, Ken; Gary Black; Nitin Handa
Subject: 2901-05 Middlefield Applicant Letter - Agenda Item no. 10 - Nov 6 CC Meeting Date: Friday, November 3, 2023 5:05:00 PM
Attachments: image001.png
2901-05 Middlefield Applicant Attorney Ltr to Council - Agenda Item No. 10 (11-6-23 Hearing) .pdf Importance: High
Some people who received this message don't often get email from [email protected]. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.

Honorable Mayor and Members of the Council,

Please see and consider the attached letter prior to taking action on the above referenced agenda item at Monday’s hearing.

Sincerely,

Camas J. Steinmetz, Esq.

Jorgenson, Siegel, McClure & Flegel, LLP

1100 Alma Street, Suite 210 | Menlo Park, CA

94025
Phone: (650) 743-9700 |Email: [email protected]

JORGENSON, SIEGEL, McCLURE & FLEGEL, LLP

O F C O U N S E L

K E N T M I T C H E L L
_ _ _ _ _ _ _ _ _ _ _ _

R E T I R E D
J O H N D. J O R G E N S O N
M A R G A R E T A . S L O A N
D I A N E S. G R E E N B E R G
_ _ _ _ _ _ _ _ _ _ _ _

D E C E A S E D
M A R V I N S. S I E G E L
( 1 9 3 6 - 2 0 1 2 )
J O H N R. C O S G R O V E
( 1 9 3 2 - 2 0 1 7 )

November 3, 2023

Mayor Kou and Members of the City Council
City of Palo Alto
[email protected]

Dear Honorable Mayor Kou and Members of the City Council:

2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

3 Apparently they were located onto his property at some point after he purchased it without his permission. Based on the First American Titel Company preliminary title report and easement map that we have provided to the City Attorney’s Office, there is no easement on my client’s property that allows for this utility pole to be where it currently is. The location designated by staff for its proposed relocation encroaches even further onto my client’s property. Therefore, aside from the cost and complications of relocating this utility pole (and replacing the second utility pole) my client is not agreeable to it further encroaching onto his property.

3. Sutter Ave. Striping and Signage Should be Conducted by the City My client has no substantive objections to the new conditions set forth in Sections 5(b)(ii), (iii) and (iv), but there is no essential nexus between these additional exactions and the impacts of his project. Therefore, he should not be required to pay for them. However, in the interest of bringing this matter to a final decision at the hearing on Monday, he is willing to add these costs to the long list of significant costs he has expended to date and will be required to expend in attempt to rectify this City zoning mistake.

4. The 12” Height Restriction on 2901 Middlefield is Unjustified The November 6 Staff Report version of 2901-05 Middlefield PC Ordinance includes another new exaction that we believe is unwarranted. Section 5(b)(vi) restricts all new plants, fences or other objects within the 35-foot sight triangle to one foot height. We believe this restriction is unreasonable and unwarranted because as stated previously in the record, there is no sight line issue making a right turn exiting Ellsworth Place.
2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

4 5. Disconnect Building Permit Issuance for 702 Ellsworth From Parking Space # 16 In the event relocation or replacement of any utility poles or their bracings are involved in providing parking space # 16 (see our request set forth in Section 2), such relocation and its timing would be entirely outside of my client’s control and dependent upon third party approvals including AT&T and City of Palo Alto Utilities. Accordingly, the 702 Ellsworth building permit issuance should not be tied to parking space # 16 and we request that this requirement set forth in Section 5(d) of the 2901-05 Middlefield PC Ordinance be removed.

6. Mr. Handa Should be Allowed a 36 inch High Fence on 702 Ellsworth My client supports either of Mr. Handa’s alternative proposals set forth in his October 19, 2023 letter that would allow for a maximum 36 inch fence height on the 702 Ellsworth property.

Accordingly, we request that the Council accept either of these proposals and revise the condition set forth in Section 5(a)(v) of the 702 Ellsworth PC Ordinance to allow for a 36” fence.

In closing, we would like to take this opportunity to reiterate the following objectives and community benefits that this project will accomplish:
• Resolve a decades old zoning map error by the City that was reiterated by Planning staff in its communications to both applicants and relied upon by both applicants in purchasing their respective properties.
• Allow for an additional single-family home to be added to the City’s housing stock. • Accommodate all current required parking for the existing 12 -unit apartment building on site at 2901-05 Middlefield Road
• Create an enhanced 35-foot sight triangle at Ellsworth/Middlefield. • Widen the curb cut approach at Ellsworth/Middlefield by 4 feet to a total of 28 feet at the street flare.
• Widen the width of Ellsworth Place to 24 ft by (1) paving an additional 30-inch width on the 2901-05 Middlefield side beginning at the Middlefield Road curb line and extending approximately 37 feet to the location of an existing utility pole guy -wire; (2) paving an additional 18-inch width on the 702 Ellsworth side beginning at the Middlefield Road curb line and extending approximately 42 feet to the proposed walkway to the single -family residence.
• Grant and record an ingress and egress easement over the additional paved width to the other private properties fronting Ellsworth Place.
• Provide a temporary delivery and loading space onsite at 2901-05 Middlefield Road and a temporary loading space on Sutter Ave.
• Reduce vehicle trips on Ellsworth by reducing the number of parking spaces using Ellsworth Place and accommodating all current required parking for the 12 -unit apartment 2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

5 complex onsite and moving the trash pickup to the Sutter entrance.

Accordingly, we respectfully request that you approve the PC Ordinances for 2901-05 Middlefield and 702 Ellsworth with the revisions requested above.

Respectfully submitted,
JORGENSON, SIEGEL, McCLURE & FLEGEL, LLP
By:

2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

6 Attachment 1

2901-05 Middlefield / 702 Ellsworth Agenda Item No. 10 11/6/2023 Staff Report

7 Attachment 2

From: Kristen Van Fleet
To: Council, City; Burt, Patrick; Kou, Lydia; [email protected]; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; [email protected]; Veenker, Vicki; Planning Commission Subject: ELLSWORTH PLACE - UPS APPROVED Delivery Spot & Other Safety Measures Date: Friday, November 3, 2023 1:35:56 PM
Attachments: Ellsworth Place - UPS Delivery Spot & Safety_11-2-2023.pdf ELLSWORTH_UPS Letters of 8-25-2023_to_9-25-2023_ Kristen Van Fleet-combined.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.

Regarding: LEGISLATIVE - Amending Planned Community 2343 zoning for 2901 - 2905 Middlefield Road
Dear

Mayor Kou, Vice Mayor Stone, and members of the City of Palo Alto City Council,
Please find attached 2 PDFs pertaining to 702 Ellsworth Place and 2901-2905 Middlefield Road, which

will continue before the City Council this coming Monday, November 6, 2023.

The first PDF is an

outline from Ellsworth Place Neighbors with our requests for:

1. The UPS-approved delivery spot on Ellsworth Place

2. The site triangle used for driveway ramps, which matches the unique conditions on Ellsworth Place

3. NO FENCE or anything over 1 foot within the site triangle

4. Adding arrows, red paint, and "No Parking" to the first 100 feet of Ellsworth Place

5. Adding tactile paving to the sidewalk on either side of the Ellsworth Place private road The second PDF contains all communications with UPS regarding a delivery spot on Ellsworth Place and it gives their approval in writing for a space placed where the first utility pole is currently located. The communications also state that the proposed "smaller truck" delivery space is not useable, and makes an alternative suggestion for using parking space in the parking lot shared by Winterlodge and Kim Grant Tennis. Those businesses were asked about UPS's second suggestion to use parking lot spaces in their

lot, and Kim Grant Tennis
can't

comment on this since they rent space from Winterlodge, which rents space from the CPA. Given the spaces are filled every afternoon, this doesn't seem feasible.

Please feel free to contact me if you have any questions. 650-646-8677 Thank you for your time and attention

to this important issue affecting Midtown, Palo Alto.

We appreciate all you do to help our city remain safe.

Sincerely,
Kristen A. Van Fleet
on behalf of Ellsworth Place Residents

Page 1 of 7 ends

Ellsworth Place Residents Request the Following
Regarding 702 Ellsworth Place and 2901-2905 Middlefield Road 1) Implement the delivery space solution approved by UPS (see attachment).

This provides enough space to allow daily delivery trucks to turn around and park on Ellsworth Place, then drive forward to exit the road. This subsequently makes it safer for pedestrians and vehicles traveling by this intersection on Middlefield Road. ● UPS is known for its safety record and it has approved this idea. ● It does not require the removal of public parking on Sutter Ave which is already short on parking. (See the letter from Dr. James Stephens, DDS of 10/25/2023) ● Sutter Ave is too far to be useful to Ellsworth Place (.25 to .33 miles round trip) ● It utilizes a “compromised” “26-foot-wide private road” width; from CPA City Code ● Daily delivery trucks don’t have to back up into or park on Middlefield Road. ● There is no need to ban 24-foot trucks on Ellsworth Place; these are used for moving purposes and large appliances or furniture deliveries which rarely occur. ● The proposed “smaller” truck delivery space on Ellsworth Place isn’t useable:
○ It is too narrow; not enough room to open the doors once parked. ○ The 2nd utility pole is in the delivery space’s backup path. ○ It requires an empty driveway at 702 Ellsworth Place to utilize, and most delivery companies don’t allow their drivers to use private driveways. ● On the 702 Ellsworth Place side:
○ It does not impede Handa’s existing house plans.
○ IT PREVENTS THE DANGEROUS DESIGN of the public road ending directly into the private walkway of the proposed 702 Ellsworth Place house by extending the driveable 2.5-foot widened road to the fence located at 706 Ellsworth Place.
○ This solution DOES NOT REQUIRE ADDITIONAL PAVING above what is already slated to be paved and it lowers the cost of paving by switching paving material to drivable asphalt in place of expensive pavers with no noticeable design change overall.
○ This could be done as a public benefit in exchange for the 6-foot rear setback line being requested by Handa on the drafted ordinance. (The actual rear setback code on a substandard R-1 lot is 20 feet with less than 50% of the house at 14 feet.)
● On the 2901-2905 Middlefield Road apartment side:
○ It requires the removal of the first utility pole to make room for a delivery truck space, with the guy wires relocated to the second utility pole, (which may already have to occur for the currently proposed parking space #16). ○ Parking space #16 easily fits in the proposed “small delivery truck space”. ○ The 3.5-foot wide strip of driveable, asphalted road would be extended to the “new” guy wires at the “2nd” utility pole, and connect to the open space behind the carports. This creates enough room for a delivery truck

Page 2 of 7 ends

to 3-point turn, angling back towards Handa’s driveway and then parking in the delivery space facing the exit of Ellsworth Place. ○ IT DOES NOT REQUIRE REMOVING THE BEAUTIFUL OLIVE TREE.

Additional Road Circulation is Shown Below in Yellow.

The green rectangle is the UPS-approved delivery truck space (located where the 1st utility pole is currently located) The Subdivision Map Below Gives Measurements in Feet and Shows How Far Away Sutter Ave is From the End of the 525 Foot Long Ellsworth Place

Page 3 of 7 ends

2) IMPLEMENT THE LINE-OF-SIGHT TRIANGLE under code: 18.54.070, FIGURE 6 - Driveway ramps and setback zones which is an L.O.S. triangle of 28 feet x 160 feet that is specifically designed for ramped exits.
● Ellsworth Place has a UNIQUE RAMPED EXIT found nowhere else in Palo Alto, except in underground parking garage exit ramps.
● This keeps the line-of-site clear to the Matadero Creek fence, at the top of the hill where the bend in the sidewalk creates a blind spot.
● Hexagon’s Traffic Review, on page 4 states, “According to Table 5 of the Palo Alto Municipal Code 18.54.070, 20 feet is the minimum width to serve residential developments ( footnote : The intersection of Ellsworth Place and Middlefield Road has historically been accessed by a 20-foot driveway located on 702 Middlefield Road. To be conservative, this report treats the driveway approach as equivalent to an urban driveway serving over 11 multi-family units.)” ● Doing the math, this places the trajectory of the L.O.S. triangle on the south corner of the 702 Ellsworth Place lot at about the Matadero Creek fence, (18 feet in from the city curb), which is where people are looking to see the blind spot caused by the bend in the sidewalk at the overpass.
● This L.O.S. triangle maintains enough room for a patio enclosure on the front of the proposed 702 Ellsworth Place house (Middlefield Road side).

A Site Triangle That Works for Ellsworth Place

Page 4 of 7 ends

3) NO FENCE WITHIN THE LINE-OF-SITE TRIANGLE
● NO FENCE or anything over 1 foot in height should be allowed within this 28 x 160 foot line-of-site triangle ; (With exception for Matadero Creek infrastructure). ● The “fence photo” supplied by Handa for the packet has only one row of fencing which is NOT ACCURATE and misleads the actual conditions at this unique, double-inclined intersection caused by the Matadero Creek overpass. ● Children on the sidewalk are hidden by a fence.

Can You See The Child?
A Corner Fence Doubles the Number of Bars a Driver Has To Look Through -AND-
The Slope of the Inclines at Middlefield Road and Ellsworth Place Makes It Taller Than 3-feet

Page 5 of 7 ends

Who Monitors the 1-Foot Height Rule INSIDE of the Fence? Ellsworth Place Residents may have to call code enforcement to keep the sight triangle at 1 foot, adding stress to the neighborhood! 4) ADD RED PAINT and “NO PARKING” to the curbs and street along the first 100 feet of Ellsworth Place, and two-way arrows with a lane-divide line at the entrance ● This is consistent with the apartment driveways on Middlefield Road ● Creates a FIRE LANE and also prevents parking at the entrance to Ellsworth Place, which can block the road; especially in an emergency ● Allows any car parked in the red to be legally towed.

Page 6 of 7 ends

Red-Painted Curbs Are Utilized at both Multi-Family Residential Complexes on Middlefield Rd (NOTE: Both have a cul-de-sac space in the back, and neither have a STOP sign because they are actual driveways and not roads. Ellsworth Place is a private road; not a driveway.) Above: Condos at 3069 Middlefield Road
Below: Apartments at 3085 Middlefield Road

Page 7 of 7 ends

5) ADD TACTILE PAVING with yellow detectible warning pavers to the sidewalk on either side of the Ellsworth Place private street opening.
● These are commonly used around town to indicate to pedestrians that a roadway is present
● Gives a visual warning to pedestrians that the Ellsworth Place road is there. ● Gives a tactile warning to visually impaired pedestrians that the Ellsworth Place road is there.
.

Above: Entrance to Alma Village
Below: Entrance to Santa Rita Elementary School, Los Altos

Kristen Van Fleet <
UPS CUSTOMER SERVICE <[email protected]> Fri, Aug 25, 2023 at 1:49 PM To:

Good afternoon,
I received your message, unfortunately there was no description of what you were calling for. I see your package was delivered 8/23 to your front door. I show it left on your brick porch with a red door and greyish house. Please respond to this email on what information you are looking for.

Regards,
Katie
Menlo Park UPS
ref:_00DF05wsA._5003k2b2NOl:ref
This e-mail and any attachments thereto may contain information which is confidential and intended for the sole use of the recipient(s) named above. Any use of the information contained herein (including, but not limited to, total or partial reproduction, communication or distribution in any form) by persons other than the designated recipient(s) is prohibited. If you have received this e-mail in error, please notify the sender either by telephone or by e-mail and delete the material from any computer. Thank you for your cooperation.

Kristen Van Fleet < Fri, Aug 25, 2023 at 1:58 PM
To: UPS CUSTOMER SERVICE <[email protected]>
Hi Katie,
The ticket was opened today for a larger issue and the customer service representative needed a recent package tracking number to open the ticket.

A developer is proposing to build a home on the parking lot at the start of the private street I live on here in Palo Alto, and the apartment complex that sold the parking lot has proposed a delivery truck space that does not work for UPS trucks. I spoke with a UPS driver about this issue this morning and he recommended I contact the Menlo Park UPS office.

If the developer's plan goes through, then a UPS driver will no longer be able to safely come down Ellsworth Place without having to use someone's driveway to back up and turn around. I was told by the driver today that they are not allowed to use people's driveways. I have a copy of the proposed "delivery space" plan and it's subsequent "back-up manoeuvers" to use it, as was prepared by Hexagon, for this the developers are using to say their proposed plan is safe and useable.

This issue affects all 15 home addresses here at Ellsworth Place in Palo Alto, CA.

Can someone please contact me about this issue? I will be presenting to the City of Palo Alto City Council about this problem on September 18, 2023, and need to include TRUTHFUL delivery information in my presentation to the City Council members and to the City Mayor, etc.

Thank you for your help with this urgent issue.

Sincerely,
Kristen A. Van Fleet
[Quoted text hidden]
Kristen Van Fleet Fri, Aug 25, 2023 at 2:11 PM
To: UPS CUSTOMER SERVICE <[email protected]>
Sorry, I hit send too quickly. To see the truck delivery space design, please use this link for access to the public comments from the Planning and Transportation Commission meeting of July 12, 2023. On PDF pages 58 - 62 is the TRUCK TURNING TEMPLATE. I have also attached these pages in a PDF, and there is a screenshot of the first template added into this email. The delivery parking space measures 10 feet x 30 feet, with a building wall on the left and a fence on the right side of the parking space. The delivery driver told me today that it was too small for his truck.

I need something in writing from UPS to help us get the developers to plan a better solution for delivery truck parking that is safe for the neighborhood and useable by the delivery truck drivers.

I am also reaching out to other delivery companies for help with this. https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/planning-and-transportation-commission/2023/ptc-7.12-public-comments6.pdf

[Quoted text hidden]
ptc-7.12-public-comments_pages 56-62_ELLSWORTH PLACE TRUCK TURNING TEMPLATE.pdf 1303K
UPS CUSTOMER SERVICE <[email protected]> Fri, Aug 25, 2023 at 3:00 PM Kristen,
I printed out your emails and gave them to our center manager. He will follow up with you, most likely with a phone call.

Regards,
Astaria
--------------- Original Message ---------------
From: Kristen Van Fleet
Sent: 8/25/2023 2:11 PM
To: [email protected]

CAUTION! This email originated outside of the organization. Please do not open attachments or click links from an unknown or suspicious origin.

Sorry, I hit send too quickly. To see the truck delivery space design, please use this link for access to the public comments from the Planning and Transportation Commission meeting of July 12, 2023. On PDF pages 58 - 62 is the TRUCK TURNING TEMPLATE. I have also attached these pages in a PDF, and there is a screenshot of the first template added into this email. The delivery parking space measures 10 feet x 30 feet, with a building wall on the left and a fence on the right side of the parking space. The delivery driver told me today that it was too small for his truck.

I need something in writing from UPS to help us get the developers to plan a better solution for delivery truck parking that is safe for the neighborhood and useable by the delivery truck drivers. I am also reaching out to other delivery companies for help with this. https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/planning-and-transportation-commission/2023/ptc-7.12-public-comments6.pdf [cityofpaloalto.org]

Kristen Van Fleet <
UPS CUSTOMER SERVICE <[email protected]> Mon, Sep 18, 2023 at 6:04 PM

Hello Kristen,
Miriam has passed your case and conversations over to me as she has not been with UPS longer enough to answer your questions. I have reviewed the pictures and the information you have provided. You are correct in your evaluation of the proposed "space" planned for delivery.

UPS has a strict policy and training for drivers to not place themselves or their delivery vehicle in a situation to cause harm or property damage. This policy includes an addendum that states (and is enforced) that the driver must limit placing themselves and delivery vehicles in a situation to cause them to "back up" to exit the delivery area. There are very few exceptions to this and it applies to all delivery vehicle sizes. The size of the delivery vehicles that services the area are 14 feet long and 10 feet wide. Since the drivers have found an alternative (although not a perfect solution), the current proposed plan of 11 feet is unacceptable. Based on the first picture you sent to show how the delivery vehicles used to park for delivery, would be the only acceptable solution for the Ellsworth Place deliveries. As this is no longer the case, the drivers will continue to park on Middlefield Rd until we are able to devise a better solution.

I do hope this information is helpful for your meeting. Please continue to reply to this email if there are any more questions or information.

Thank you
Angelita Q
UPS Menlo Park
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Kristen Van Fleet <
Wed, Sep 20, 2023 at 2:30 PM
To: UPS CUSTOMER SERVICE <[email protected]>
Hi Angelita,
Thank you for getting back to me in time for the City of Palo Alto (CPA) City Council meeting last Monday, September 18, 2023. I was able to get your letter to the Council Members while they were in discussion about Ellsworth Place deliveries, and it provided the needed information to support the fact the proposed delivery space does not work. So the City Council voted to extend the meeting to give the developers time to find a suitable delivery space.

Earlier today I spoke with our main delivery driver, Josh, and showed him your letter and the following idea I came up with for a delivery space on Ellsworth Place. He gave me his permission to use his name in this email. Josh said that he could park his truck safely in this green space, as shown in the diagram below, which I created by using Photoshop to rework the developer's transportation plan. He said with the road at the width of the orange netting (the 26-foot wide mark), it may require one backup maneuver to get into the space, angling the truck back towards the driveway of the proposed home, (but not onto the pavered driveway), and then he could pull into that spot where there is currently a utility pole now. Then to leave the space he could safely drive forward and back out to Middlefield Road.

Josh also said that parking here allows him to reach the business where Samyama was located, at 2995 Middlefield Road. (That building is currently vacant, but it will have tenants again at some point in the future.) Notes:
• There is currently a utility pole in this location, so the guy wires would have to be relocated to the second pole. • The yellow lines indicate a driveable, blacktopped road, with a width of 26 feet up to where the delivery space begins. • The yellow box on the left side ends where the guy wires would begin to brace that second utility pole. • The proposed home on the right side of the road would have a pavered (non-driveable) walkway and driveway to the right of that yellow driveable road line.

Other ideas mentioned during Monday night's meeting were:
1) The apartments provide package lockers for the residents on Ellsworth Place. Ellsworth Place Residents DO NOT WANT THIS, as we are not an apartment complex! We need to get packages delivered to our front doors! Not all of our neighbors own cars and some of our

2/3
senior citizen-aged neighbors no longer drive, so there would not be an easy way to retrieve packages from East Menlo Park, should they be too large for a parcel locker! (Not to mention the logistics of maintaining the lockets, the rate of theft, etc.) 2) The City of Palo Alto Transportation Department were also going to look into making a delivery/loading zone on Sutter Ave, but this greatly extends the amount of walking needed. In calculating the length to reach the far end of Ellsworth Place, which is a 525-foot-long road, it would require 1/4 to 1/3 mile of walking to make the round trip. (Josh said that was too far to walk!) Below is our parcel map that shows the lengths in feet of this location.

The Green Star is where the green rectangle is located in the diagram above.

The Pink Star is where Josh is currently parking on Middlefield Road.

The Yellow line is the walking path from Sutter Ave.

Please give your thoughts and/or approval or suggestions on the proposed idea. I will then forward this email to the CPA Transportation and Planning department and also to the developers. We are seeking a solution that works for everyone here on Ellsworth Place, including the apartments, and also keeps it safe for all who traverse on or near Ellsworth Place. Thank you for your time and attention to this matter.

Sincerely,
Kristen A. Van Fleet
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Kristen Van Fleet <
UPS CUSTOMER SERVICE <[email protected]> Mon, Sep 25, 2023 at 6:00 PM Good evening Kristen,
I do apologise for the late response, as I have been out of office. I am glad to hear that you wwere able to talk to Josh and work out some solutions to the issue at hand.

Unfortuneately, Josh is right in that the parking and walking from Sutter Ave will not be a viable option. This is due to the fact the drivers have set time allowances for each delivery. When there are and will be closer options, parking and having to walk that far from Sutter Ave to make deliveries will not be allowed by UPS standards.

We would agree that proposed delivery space indicated by the green star is workable for the driver and a sound delivery option for all involved. Until the green star location is ready to be utilized, our drivers will need to continue to use the the location indicated by the pink star.

There is also an option for the driver to use that involes using the parking lot area between 2995 Middlefield Rd and the Matadero Canal. This option would only be usable if that particular parking lot area is vacant at time of delivery. It would involve the driver entering at the driveway between 2995 Middlefield Rd and 3009 Middlefield Rd and then looping around the back of 2995 Middlefield Rd to the parking lot area by Matadero Canal. Once in the parking lot area (if empty) the driver will be able to pull up into the last several parking spaces and when done with deliveries pull away onto the driveway entering back onto Middlefield Rd. This area is also only a few feet away from where the drivers have been parking (the pink star).

I hope this information will help you and the City Council come to a viable solution. [Quoted text hidden]
[Quoted text hidden]

Palo Alto City CouncilDecember 11, 2023

Palo Alto City Council
December 11, 2023