*NOT YET APPROVED* Attachment A
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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 2901- 2905 Middlefield Road from Planned Community Ordinance 2343 (PC- 2343) to Planned Community Ordinance XXXX (PC-XXXX).
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
(a) On February 2, 2023, Dewey Land Company LLC (“Dewey”) and Handa Developer’s Group/RRP (“Handa”) applied to amend Planned Community Ordinance 2343 (“PC - 2343”) to apply solely to the property at 2901 -2905 Middlefield Road, APN 127- 35-194, (“Middlefield Parce l”) 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 t he project applicants should proceed with a formal PC rezoning application to the Planning and Transportation Commission for a recommendation.
(c) On June 28, 2023, July 12, 2023, and August 9, 2023 the Palo Alto Planning and Transportation Commission (“PTC”) held a series of public hearings to consider the application.
The PTC recommended that PC -2343 be amended to remove the Ellsworth Parcel and to adopt two new PC ordinances to govern the Middlefield Parcel and Ellsworth Parcel, respectively, along with a corresponding amendment to Section 18.08.040 of the Palo Alto Municipal Code (Zoning Map).
(d) The amendment recommended by the PTC would reduce the area of the Planned Community PC 2343 from approximately 26,386 sf to approximately 19,893 sq uare feet to encompass 2901 -2905 Middlefield Road, a 12 -unit apartment building currently owned by Dewey, and amend the development plan for the PC to:
(i) restripe the tenant parking facility to assign four uncovered parking spaces to meet current code requirements for tenant parking spaces, (ii) provide a truck delivery space,
(iii) maintain trash enclosure and pickup from Sutter Avenue, (iv) the 35 -foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by plants, fences, or other objects taller than 1 foot,
(v) add a 3’6” -wide swath of paving alongside Ellsworth Place beginning at the Middlefield Road.
(e) The PTC recommended concurrent adoption of a companion ordinance *NOT YET APPROVED* Attachment A
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(Ordinance No. XXXX) to designate the remaining approximately 6,493 square foot parcel currently owned by Handa at 702 Ellsworth as PC, for the purpose of constructing a single -story, single -family residence.
(f) The City Council held public hearings on September 18, 2023 and November 6 December 11 , 2023 to consider the PTC’s recommendation and additional public input, and made further amendments to those recommendations regarding the width of Ellsworth Place, parking and loading requirements, and the sight triangle at the northeast corner of the intersection of Ellsworth Place and Middlefield Road, as set forth below.
(g) The Council, after due consideration of the PTC’s recommendations, finds:
(i) The site is so situated and the uses proposed for the site are of such characteristics that the application of general districts or combining zoning districts will not provide sufficient flexibility to allow the proposed development; the City's conventional zoning district RM20 would not permit the existing 12 unit structure on the proposed 0.46 acre site (ii) Amendment to the existing Planned Community PC -2343 will provide public benefits expected to result from the Project, including expanded ingress and egress for the existing residences on Ellsworth Place through additional easements, that, when combined, wo uld result in a 26 -foot wide non-
exclusive asphalt easement over a distance of approximately 100 feet extending from Middlefield Road eastward along the first 37 feet of Ellsworth Place, and the construction of an additional dwelling unit. (iii) The Council further finds that the Project provides public benefits, as described above, that are of sufficient importance to make the Project, as a whole, one with reasonable public benefit.
(iv) The existing use and improvements are generally remaining unchanged and are compatible with existing and potential uses on adjoining sites or within the general vicinity.
(v) The use permitted and the site development regulations are consistent with the following Palo Alto Comprehensive Plan policies and are, on balance, consistent with the goals and purposes of the Comprehensive Plan:
Policy L-1.1 Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.
Policy L-1.2 Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts.
Policy L-1.3 Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures.
Policy L-1.4 Avoid negative impacts of basement construction for single-family homes on adjacent properties, public resources, and the natural environment. *NOT YET APPROVED* Attachment A
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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. Amendment of Zoning Map.
Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended to rezone the certain property known as 2901 -2905 Middlefield Road from PC -2343 to "PC - XXXX.” The subject property and revised zoning designation is shown on the map labeled Exhibit "A1," attached hereto and incorporated herein by reference.
SECTION 3. Development Plan
Those certain plans entitled PROPOSED PC AMENDMENT TO PC 2343, DATED 1967, a copy of which is attached hereto as Exhibit “B1” and incorporated herein, are hereby approved as the Development Plan for the subject property.
SECTION 4
. Uses.
(a) Permitted Uses. The permitted uses within the PC boundary shall be limited to a 12-unit apartment building: T he existing apartment building shall remain on the 2901 -2905 Middlefield site within the PC boundary. Covered and uncovered parking for the tenants shall be provided in accordance with Section 5(b) of this ordinance.
SECTION 5
. Site Development Regulations.
(a) Compliance with Development Plan. All improvements and development shall be substantially in accordance with the Development Plan, except as modified herein and as depicted on Exhibit 1 attached hereto.
(i) A 42 -inch-wide swath of asphalt paving shall be created alongside the northern edge of Ellsworth Place beginning at the Middlefield Road curb line and extending eastward approximately 100 feet approximately 37 feet to the location of an existing communications utility pole guy -wire, to increase the width of Ellsworth Place.
(ii) This additional paved area shall remain clear of obstructions. (iii) Prior to final inspection of any improvements on the site, property owner shall prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place.
(iv) Any exterior changes to the apartment building or any new construction not specifically permitted by the Development Plan or by these site development *NOT YET APPROVED* Attachment A
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regulations shall require an amendment to this Planned Community Zone or, if eligible, Architectural Review approval under Section 18.76 of the Palo Alto Municipal Code, as it is amended from time to time.
(vi) The 35 -foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by new plants, fences, or other objects taller than 1 foot.
(vii) The property owner shall maintain vegetation at a height of 1 foot or less in the planter strip between the Middlefield Road curb and sidewalk.
(b) Parking and Loading Requirements
.
(i) One covered parking space shall be provided for each of the 12 residential apartments. In addition, four uncovered spaces and a truck delivery space shall be provided on the 2901-2905 Middlefield property, accessible from Ellsworth Place, as shown on the Development Plan.
(ii)
A curbside loading zone 40 feet in length shall be designated on Sutter Avenue in front of 2901 Middlefield Road with signage and curb painting.
Property owner may remove parking space #16 at the discretion of the Director of Planning and Development Services.
(iii) Property owner shall install a sign restricting the length of delivery vehicles on Ellsworth Place to 24’ or shorter. The sign shall be placed above or be low the existing “No Outlet” sign installed in the Middlefield Road right of way, between the sidewalk and the Ellsworth Parcel.
(iv) Property owner shall restripe the existing parking facility to assign three uncovered parking spaces to meet current code requirements for tenant parking.
(v) To facilitate the provision of off-street parking space #16Property owner shall provide a 30’ x 10’ temporary loading and delivery area on Ellsworth Place adjacent to the existing apartment building. Property owner shall relocate the existing communications utility pole and guy wires and install any improvements as required by the Director of Utilities and the Director of Planning and Development Services to comply with parking design and safety standards.
(vi) Property owner shall be responsible for all costs associated with fulfilling the requirements of this paragraph, provided further that the City shall cover 50% of the costs to relocate the communications utility pole and guy wires. (vii) Prior to final inspection of any improvements on the site, property owner shall prepare and record public utilities easement for the relocated communications utility pole and guy wires.
(c) Trash Enclosures and Pickup. Trash enclosures and pickup shall be maintained with access from Sutter Avenue, and not from Ellsworth Place.
(d) Development Schedule.
The parking lot restriping on 2901-2905 Middlefield Road shall be immediately implemented upon the effective date of this ordinance. Off-street parking *NOT YET APPROVED* Attachment A
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space #16 shall be provided prior to issuance of building permits for the construction of the 702 Ellsworth Place residence. Construction of the improvements to the Middlefield Parcel shall be completed within twelve (12) months of the effective date of this ordinance.
(e) Minor Variations in Project . Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for architectural review. “Minor” changes do not include changes in land use.
SECTION 6. The City Council finds that this ordinance is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) because it can be seen with certainty that minor changes to the parking configuration at 2901 - 2905 Middlefield Road and construction of a single-family home pursuant to Ordinance No. XXXX will not result in a significant impact on the environment. The City Council finds that this ordinance is additional categorically exempt under Section 15301 of the CEQA Guidelines, as it involves only minor alterations to existing facilities.
SECTION 7. This ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Chief Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
02.28.2
A2.5
HAYES GROUP ARCHITECTS, INC.
2657 SPRING STREET
REDWOOD CITY , CA 94063
P: 650.365.0600
F: 650.365.0670
www.thehayesgroup.com
DRAWING CONTENT
DRAWING NUMBER
All drawings and written materials contained
herein constitute the original & unpublished
work of the Architect and the same may not
be duplicated, used or disclosed without the
written consent of the Architect.
© Hayes Group Architects, Inc.
DRAWN BY:
SCALE:
JOB NUMBER:
STAMP
ISSUANCE:
PROJECT ADDRESS:
2901-2905 Middlefield PC
Ordinance Site plan
AS NOTED
2202.00
LB
Date: 1/10/24
File Name: Ellsworth House_BIM_ARCH
NO. DESCRIPTION: DATE:
PTC SUBMITTAL 07.26.2023
2901 CITY COUNCIL
MODIFICATIONS 12.14.2023
PROPOSED
PC ORDINANCE 01.08.2023
PP
N49°20'00"E 86.08'
N52°00
'00"W 1
30.6 7'
S47°12'00"W 101.30'
S52°00
'00"E 11
7.11 '(T)
80.67'
50.0 0'
44.50 '
3'-6" (N) NONEXCLUSIVE
INGRESS/EGRESS EASEMENT
/ASPHALT PAVING
26'-0"
(N) DRIVEWAY APRON
PER CITY STANDARD
LOT
A
127-35-194
LOT B
12 7-35-152
70 2
ELLSWORTH
FRONTYARD
(E)
4C O V E R E D
PARKING
SPACES
(E)
8 COVERED
PARKING
SPACES
13 14
15 MATADERO CANAL
BLDG.
BLDG. BLDG.
(E)
TRASH
AREA
TAND
EM
(N)
PARKING
SPACE TYP .
(E) AC
PAVING
EXISTING
LANDSCAPING
CABLE BOX
RELOCATED
B.O. SIDEWALK
16 2901-2905 M
IDDLEFIEL
D AVE.
LOT B
127-35-152
70 2
ELLSWOR
TH
PL
ACE
LOT
B
127-35-152
702
ELLSW
ORTH
PLACE
N52°00'00"
W2 2 9
.20'(T)
50.0 0'
78.2 8'
44.5 0'
S38°00'00"W 109.87'
S38°00'00"W1 0 9.87'
100.00'
56.4 2'
72.6 1'
PP
FRONTYAYYRD
13 (E)
TRASH
AREA
TATT
NDEM
EXISTING
LANDSCAPING
16 15
(N)
PAPP RKING
SPAPP CE TYP.
14 (E)
4 COVERED
PAPP RKING
SPAPP CES
BLDG.
LOT
A
127-35-194
BLDG.
BLDG.
(E)
8 COVERED
PAPP RKING
SPAPP CES
2901-29905
M
IIDDLEFIELDD
AVAA
E.
N52°00'00"WWWW
229.22220'(T)
50.00'
78.28'
44.50'
S38°00'00"W109.87'
S38°00'00"W109.87'
100.00'
4'-6"
20'-0"
(E)
ING
RES
S/
EG
RESS
EASEMENT
SUTTER AVENUE
M
IDDLEFIELD
ROAD
ELLSWORTH PLACE
GAS
METERS
BOLLARDS
ST
ANDARD
CITY
RE
QUIRED
35' S
ITE
TR
IA
NGLE TYP
.
(N) COMMUNICATION
POLE AND GUY WIRE.
10'X30' TEMPORARY
DELIVERY AND
UNLOADING SPACE
MARKED IN PAINT
ON THE ASPHALT .
SCALE 3/32" = 1'-0"
2901-2905 MIDDLEFIELD PC ORDINANCE SITE PLAN
1 2901-2905
MIDDLEFIELD ROAD
PALO ALTO CA, 94306
01.10.2024
N
S38°00'00"W 100.00'
EXHIBIT 1