It's by no means the largest housing development in Palo Alto, but for the applicant, the area residents and the City Hall planners, the project at 702 Ellsworth Place just might be the most vexing.
Rooted in a city error made decades ago, the project entails a single home at the entrance to Ellsworth Place, a residential community off Middlefield Road. It has already involved multiple design revisions and threatened litigation, and it has already sparked dozens of hours of debate over public hearings in front of the Planning and Transportation Commission and the City Council — all to little avail.
Nitin Handa, who bought the property at 702 Ellsworth, was under the impression at the time of the purchase that it was zoned for single-family residential use, as the city's zoning maps had indicated. Palo Alto officials later learned that the property was in fact part of a "planned community" district that was created in the 1950s and later amended — a designation that would prohibit Handa's planned home.
Neighbors, meanwhile, maintain that constructing a home in what is currently a parking lot would create a traffic hazard by reducing site lines from Ellsworth to Middlefield and make life more complicated for delivery truck drivers. If approved, the project should include design features like a widened driveway and a short fence.
The City Council tried to resolve the dispute on Sept. 18, when it agreed to change the zoning code by creating two "planned community" districts, one for the site of the proposed Ellsworth home and another for the 12 apartments at 2901-2905 Middlefield Road. Council members also requested that Handa provide a 26-foot easement on the first 37 feet of Ellsworth to allow cars to get in and out easier. That's wider than the 21.5-foot driveway that currently exists and the 24 feet that Handa had offered as a compromise prior to the meeting.
"I think it helps some of the vehicles to get in and opens it up for two cars passing and contributes to the safety," said Council member Ed Lauing, who proposed the 26-foot width.
While Handa's attorney suggested that requiring him to give up any more land would entail a taking, area residents argued that the city should demand more safety measures. Bhanu Iyer was part of a group of neighbors who criticized Handa at the Sept. 18 meeting for failing to accept the design features that the neighbors have been calling for. She urged the council not to approve the project until these changes are made.
"Safety is our biggest concern," Iyer said. "What we don't understand and would like to understand is why developer and homeowner aren't concerned about the same safety?"
Handa strongly rejected these characterizations and cited a traffic review that was commissioned as part of the project, which concluded that his project would not bring a negative traffic impact.
"I can repeat the word 'unsafe,' and 'safety issues' 100 times, that does not make something unsafe," Handa said at the September hearing. "It might make a perception in the mind that something is unsafe but that doesn't (mean) in reality that something in unsafe."
He also pushed back against the idea that it's his duty to accommodate the delivery trucks for the residential community.
"There is a presumption that they have a right to trespass, that delivery trucks have a right to park there. There is a basic assumption that everyone has a right to go on that lot, do their parking, do their U-turns. Somehow people feel that it's a public lot," Handa said. "No, it's private lot. Anyone going into it is trespassing."
The council stopped short in September of voting to approve the project after several members suggested exploring other solutions for delivery trucks, including a drop-off location with lockers for Ellsworth residents. According to a newly released report from the Department of Planning and Development Services, that is no longer a viable option. UPS and FedEx have reportedly told Handa that they don't offer residential drop-off containers and the applicant has indicated he will not be pursuing the idea, the report states.
On Nov. 6, the council will try once again to get to the finish line. A new proposal from staff designates four spaces at the 2901 Middlefield Road site, with access to Ellsworth, for delivery trucks. In addition, it designates two parking spaces at nearby Sutter Avenue for a loading zone that could accommodate large delivery trucks.
The "planned community" ordinance that the council will consider on Nov. 6 also establishes a 35-foot "sight triangle" at the intersection of Ellsworth and Middlefield, a designation that prohibits Handa from plants, fences or other objects taller than 1 foot.
Handa is opposing this requirement. In a letter that he sent to the council on Oct. 17, he argued that a 12-inch fence on Middlefield "is not really a fence that provides any security or privacy" and that it would be far shorter than the 36-inch fences at other properties along Middlefield.
"I have a 4-year-old son who can easily step out to Middlefield Road from this short fence," Handa wrote.
To date, however, council members have generally sided with residents when it comes to traffic safety. Vice Mayor Greer Stone, who lives close to the project site, was among the council members who supported design features and restrictions that would slow down vehicles near the intersection of Middlefield and Ellsworth.
"This idea that cars are going to know this intersection is coming up and slow down appropriately in order to avoid cars or kids I think is wishful thinking," Stone said. "I'm not willing to make a decision based on wishful thinking that a kid is not going to get hurt or any type of accident is (not) going to occur there."
Comments
Registered user
Midtown
on Oct 31, 2023 at 10:43 pm
Registered user
on Oct 31, 2023 at 10:43 pm
It grinds my gears how these developers have run circles around our city council to achieve their desired outcome. It is a joke to think that Dewey LLC, Millenium Flats, and Handa's development company were all unaware of the PC either back in 2017 when Dewey purchashed the apartments, or when the lot in question was carved out for Handa. Their collective feigned ignorance resulting in a gifted R1 zoning so they can turn a profit at the expense of the safety and livability of this part of Palo Alto is a gross precedent.
I'm very disappointed in the council for not calling out these obviously disingenous, non-resident parties and for not stepping up to protect the *actual* community members of Ellesworth Pl.
Registered user
College Terrace
on Nov 2, 2023 at 6:32 am
Registered user
on Nov 2, 2023 at 6:32 am
Would this even be an issue if the applicant planned to build a house that looked more like a house than a city garage or office building?
Registered user
Midtown
on Nov 2, 2023 at 12:46 pm
Registered user
on Nov 2, 2023 at 12:46 pm
The house is way too big for the lot with Handa is crying about wanting yard space while designing the house without any yard except for the front yard on Middlefield Road, and placing the home only 6 feet from the Matadero Creek propertyline. That creek stinks most of the year, and having a house built that close to it will smell the sewage stench coming off the decaying waters, which turn green when it's not raining. There is also a sewer gas outlet next to this property and that adds to the stench noticeable when standing on this lot. If this home was being designed by someone who will actually live there, they would choose a different layout and also heed the warnings of the neighbors who live on Ellsworth.
According to Santa Clara County Assessors records, Handa bought a PARKING LOT and not a vacant R-1 lot, and a lot can legally have only one zoning condition at a time. This issue is with the title company, the developer who sold the property, Hayes Architects who packaged the parking lot for sale, and the real estate agent who represented both sides of this real estate transaction, in addition to the online City maps that didn't record the PC, even though the PC is codified and easy to find with a property history search in the City records.
These developers are threatening the City of Palo Alto with litigation if they don't get their way, and the City seems to be caving to them at the cost of safety in this area of Midtown to avoid this potential litigation. Suppose a pedestrian is injured or killed here due to the decreased road circulation conditions a potential home built on this parking lot creates, the City of Palo Alto will have to pay a lot more to settle any subsequent lawsuit than they would if they just buy the property and keep it a parking lot + parklet for the safety and circulation of the Midtown neighborhood. The conditions at this intersection are unlike anything else in Palo Alto, and there have already been too many close calls here.
Registered user
Midtown
on Nov 2, 2023 at 8:54 pm
Registered user
on Nov 2, 2023 at 8:54 pm
This part of Midtown is one of the most unsafe for pedestrians, bicyclists, skateboarders, and scooterists because there is no bike lane along Middlefield Road where Ellsworth Place is located, which is near Winterlodge, Kim Grant Tennis, Keys School, and on the path between the junior high and Midtown Shopping Center. The kids love their boba tea and ice cream and they congregate outside of Walgreens after school. Kids on bikes must use the sidewalk for their safety, and the concerns at this intersection are real. It would be prudent for the City of Palo Alto to acknowledge these concerns and ensure the decisions they make are in the best interests of the community not the developers.
Registered user
Downtown North
on Nov 6, 2023 at 3:29 pm
Registered user
on Nov 6, 2023 at 3:29 pm
It's disturbing to see how powerful, monied investment groups seem to be controlling the destiny of Palo Alto to their benefit. As savvy real estate developers (neither Dewey nor Handa being first-time buyers/sellers) pleading "I didn't know" (about the PC) doesn't ring true. The parcel at 702 Ellsworth is a PARKING LOT attached to the apartment building. It's been a PARKING LOT since the 1960s! A simple search shows this. It's disingenuous of them to plead naivete.
The residents of Ellsworth have valid concerns about safety. They live it every day, driving in and out. Some have lived there for decades, yet their voices have less importance than the developers? Why? They've seen all the traffic, the kids on bikes, the near misses, day in and day out. There were TWO injury accidents of a similar vein in September - have we forgotten this? One was on East Meadow Drive, not far from this problematic intersection. The developer and prospective home builder do not live on the street, and don't truly grasp the sincerity of the residents' concerns!
I think the city really needs to exercise caution with this issue. It may set a bad precedence for other parcels. And if a child does get hurt? And the city could've taken simple measures to prevent this? That's the worst outcome.