HomeMy WebLinkAbout2009-07-27 Ordinance 5046Ordinance No. 5046
Ordinance of the Council of the City of Palo Alto Approving a
Development Agreement between the Hewlett-Packard
Company and the City of Palo Alto
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Recitals.
A. The City and the Hewlett-Packard Company ("HP") have negotiated a
Development Agreement under which the Architectural Review approval and Council approval
of the associated Vesting Tentative Map for a 45 unit housing project located in the City of Palo
Alto would he-extended to-an-effective date--of February 26; 2014, beyond the time-frames
jdentifiedjll. th~_ }l_alo A1!2 M!lllicip(il_ <;oQ~Lto]J~~Qll~tst~L\\Tithlh~)CptratioI!QfIlPPJ:Qyals for
the larger portion of the housing project located in the City of Mountain View. As a part of the
extension, the agreement provides for additional project benefits, including the relocation of a
large sculpture from Mountain View to Palo Alto and project compliance with Palo Alto's green
building ordinance requirements for multiple family residential projects.
B. HP has requested this Agreement in order to vest the land use policies and
regulations established in the Comprehensive Plan, the Zoning Ordinance, and the Palo Alto
Design Approval, current as of the Effective Date hereof. This Agreement authorizes HP and its
successors in interest to implement, subject to other City land use decisions consistent with the
Comprehensive Plan and the terms hereof, a phased, multi-year program, of redeveloping and
completing its residential and related uses of the subject property.
C. City proposes to enter this Agreement for the reasons enumerated in the
Development Agreement Statute, and (i) to eliminate uncertainty in the comprehensive
development planning of large-scale projects within the City, such as the Project; (ii) to secure
orderly development and progressive fiscal benefits for public services, park and recrea!io:r:t_ ___ ___~
improvements ana. Iactlitiesplanning in the City; (iii) to meet the goals ana. oDjectives of-toe
Comprehensive Plan; and (iv) to replace, for Owner's and City's benefit, obsolete office and
parking buildings with a modem, attractive, master-planned residential community capable of
meeting the housing needs of many current and future Palo Alto residents, at a location well
served by regional thoroughfares, mass transit and retail services.
090803 syn 0120375
Findings.
The City Council finds and detennines that:
A. Notice of intention to consider the development agreement has been given
pursuant to Government Code section 65867.
B. The Planning and Transportation Commission and the City Council have each
conducted a public hearing on the Development Agreement.
C. The City Council has reviewed the contents of the Final Environmental Impact
Report ("FEIR") prepared for the Project, and all other relevant infonnation, including staff
reports, and all testimony, written and oral, presented on the matter.
D.-The City Council filiasand detetfuihesthaCthe development agreement is
... consistenLwiththeGomprehenshl_eJ>la~oftheCityofJ>alo.Alto.
SECTION 3. The City Council hereby approves the Development Agreement
between the Hewlett-Packard Company and the City of Palo Alto, a copy of which is attached
hereto as Exhibit "A", and authorizes the Mayor to execute the agreement on behalf ofthe City.
SECTION 4. The City Clerk is directed to cause a copy of the Development
Agreement to be recorded with the County Recorder not later than ten (10) days after it becomes
effective.
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SECTION 5
after its adoption.
This ordinance shall be effective upon the thirty-first (31st) day
INTRODUCED: JULY 13,2009
PASSED: JULY 27, 2009
AYES: BARTON, BURT, DREKMEIER, KISHIMOTO, KLEIN, MORTON, YEH
NOES:
ABSTENTIONS:
. -NOTPARTICIPATING:.ESPINOSA
ABSENT: SCHMID
APPROVED AS TO FORM:
,A~:S1'S'71# PI City Attorney
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APPROVED:
P~b~
Director of Planning and
Community Environment
EXHIBIT A
NOT YET ADOPTED
DEVELOPMENT AGREEMENT
BETWEEN
CJrYQE~J>~O A!-TQL
a chartered municipal corporation
AND
HEWLETT-PACKARD COMPANY,
a Delaware corporation
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered as of this __ day of
_____ , 2009 ("Effective Date") by and between the CITY OF PALO ALTO ("City"),
a chartered California municipal corporation, and the HEWLETT-PACKARD COMPANY
C'Owner"), a Delaware corporation.
THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts,
understandings and intentions:
A. Sections 65864 through 65869.5 of the California Government Code (the
"Development Agreement Statute") authorizes City to establish procedures to enter binding
development agreements with persons having legal or equitable interests in real property located
within the City for development of the property.
B. On March 9, 1987, the City Council ("City Council") of the City approved
Resolution No. 6597, establishing the authority and procedure for review and enactment of
development agreements pursuant to the Development Agreement Statute.
C. Owner is the legal owner of the property ("Property") governed by this
Agreement, comprising an approximately five (5) acre site located near the intersection of San
Antonio Avenue Street and Central Expressway in the City of Palo Alto, California, further
described in Exhibit "A", attached hereto and incorporated by this reference. Owner proposes to
build out a master-planned residential complex on the Property, and on adjacent property within
the City of Mountain View, in phases, consistent with the policies and regulations expressed in
the City's Comprehensive Plan ("Comprehensive Plan"), zoning ordinances, Vesting Tentative
Subdivision Map and Architectural Review Board design approval (collectively, "Palo Alto
Design Approval"), and consistent with the City of Mountain View's Master Plan, Tentative
1 090708 syn 0120356
Subdivision Maps and Planned Community Pennits ("PCP's") for each of four (4) development
areas defined in the Master Plan (collectively, "Development Plan"). The approved Vesting
Tentative Subdivision Map, authorizing subdivision of the Property, and the approved Palo Alto
Architectural Review Board design approval, authorizing construction of Owner's new buildings
on the Property and specifying the pennitted uses, density and intensity of use and public
improvements, are incorporated herein by this reference
D. Owner has requested this Agreement in order to vest the land use policies and
regulations established in the Comprehensive Plan, the Zoning Ordinance, and the Palo Alto.
__ De~gn ApPJQval, Cllrrellt aSQftl1~J~ffe9tiv~ D(lte]1er~()f. Jhi~.Agr~e_ll1el1t ~llth.oriz~sQ\Vn~r al1d
Owner's successors in interest to implement, subject to other City land use decisions consistent
with the Comprehensive Plan and the tenns hereof, a phased, multi-year program ("Project"), of
redeveloping and completing its residential and related uses of the Property. The City of
Mountain View has required that the Property in both jurisdictions must be developed by a single
"Master Developer" in order to ensure that construction of public infrastructure, utilities, parks
and similar Project features will be efficiently coordinated, economical and safe. The purpose of
this Agreement is to ensure that the Palo Alto Design Approval and the Mountain View
Develop-ment Plan will be_efficiently imp-Iemented as am~roved by the Cities of Palo Alto and
Mountain View respectively, and that the vested tenn of all Project land use approvals will be
coeval.
E. City and Owner acknowledge that development and construction of the Project is
a large-scale undertaking involving major investments by Owner and City, with development
occurring in phases over several years. Certainty that the Project can be developed and used in
accordance with the tenns hereof will benefit Owner, City and the general public, and will
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provide to both parties a relatively stable and permanent plan for development of the Property, in
implementation of City's Comprehensive Plan.
F. City and Owner, through their representatives, cooperatively have invested
several years of comprehensive, community-wide planning and design effort into crafting the
Development Plan and the Palo Alto Design Approval. The Development Plan and the Palo Alto
Design Approval reflect extensive neighborhood, City staff, and community-wide insights and
priorities, and provides for several attractive design features, extraordinary park and recreation
amenities, and infrastructure improvements providing for safer, more convenient pedestrian
access to mass transit. The national real estate financing market recently has produced a
situation in which the foregoing amenities and improvements economically could not be
provided without relative certainty that the Project can be financed, built and implemented
consistently with the Development Plan and the Palo Alto Design Approva1.
G. City proposes to enter this Agreement for the reasons enumerated in the
Development Agreement Statute, and (i) to eliminate uncertainty in the comprehensive
development planning of large-scale projects within the City, such as the Project; (ii) to secure
orderly development and progressive fiscal benefits for public services, park and recreation
improvements and facilities planning in the City; (iii) to meet the goals and objectives of the
Comprehensive Plan; and (iv) to replace, for Owner's and City's benefit, obsolete office and
parking buildings with a modem, attractive, master-planned residential community capable of
meeting the housing needs of many current and future Palo Alto residents, at a location well
served by regional thoroughfares, mass transit and retail services.
H City's willingness to enter this Agreement is a material inducement to Owner to
implement the Project within the City of Palo Alto, and to provide at Owner's cost the park and
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recreation amenities and infrastructure improvements described in the Development Plan.
Owner proposes to enter this Agreement in order to obtain assurance from City that the Project
may be financed in the current economic climate, developed, constructed, and occupied pursuant
to the Palo Alto Design Approval, subject to the limitations expressed herein.
I. On May 27,2009, the Palo Alto Planning and Transportation Commission held a
duly noticed public hearing on this Agreement, and (i) determined that consideration of this
Agreement complies with CEQA, based on certification of the Project's Environmental Impact
Report; (ii) determined that this Agreement is consistent with the City's Comprehensive Plan;
~d _(iii) re~~~1p~l1g~ci tl1~l !heGity C::o).ll1ciL~pproV'~~c!~_Ilac:t !lIi~Agre~!ll~l1!-._
J. On ______ , 2009, the Palo Alto City Council held a duly noticed
public hearing on this Agreement, determined that consideration of this Agreement complies
with CEQA, found this Agreement to be consistent with the City's Comprehensive Plan, and
introduced Ordinance No. ___ , approving this Agreement.
J. On _______ , 2009, the City Council adopted Ordinance No. ~ __ _
enacting this Agreement.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement
Statute and Resolution No. 6597 L and in cOl1sideration of the . mutual covenants and Q!o!llises ()f.
the parties, the parties agree as follows:
1. Development Of The Property.
1.1 Development Plan. Owner shall have the vested right to develop the
Property in accordance with the provisions of this Agreement. The permitted uses of the
Property, the density and intensity of use, the vehicle parking plan, the heights, sizes, design and
construction methods of the proposed buildings and landscaping, the on-site and off-site public
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improvements, the development schedules and the general provIsIOns for reservation or
dedication of land for public purposes or fees in lieu thereof shall be as provided in the Palo Alto
Design Approval; provided, however, that future implementation of the Project will be subject to
other discretionary and ministerial decisions by City which will govern issuance of building and
grading permits, among other things. Owner shall comply with and perform all of the conditions
of approval embodied in the discretionary permit and vesting tentative subdivision map
comprising the Palo Alto Design Approval, which are attached hereto as Exhibit "B" and
incorporated by this reference. Where "Toll Brothers" or "Applicant" appears III approval
conditions, "Owner" and "Owner's successors" shall be responsible. Nothing contained herein
shall restrict City's discretion to approve or conditionally approve amended Project features
proposed by Owner.
1.2 Present Right to Develop. Subject to the provisions of this Agreement,
City hereby grants to Owner the present vested right to develop and construct all improvements
comprising the Project in accordance with the policies and development density regulations set
forth in the Comprehensive Plan, Municipal Code and Palo Alto Design Approval in effect as of
the Effective Date of this Agreement. No future modifications of the Comprehensive Plan,
Municipal Code, ordinances, policies or regulations which purport to (i) limit the development =============================================-------
density, design, residential unit count, parking plan, or schedule of development of the Project;
or (ii) impose new fees, exactions, design features or moratoria upon development, occupancy or
use of the Project, shall apply to the Project, except as otherwise provided herein. Nothing stated
herein, however, shall prevent or preclude City from adopting any future General Plan
amendments, zoning measures or other land use regulations.
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1.3 Cooperation in Obtaining Allocation of Utilities. City shall cooperate with
Owner in obtaining and reserving the allocation of sufficient utilities, including electricity, gas,
water and sewerage service capacity and facilities, for development of the Project in accordance
with the terms hereof throughout the Term of this Agreement (defined in Section 3 below).
2. Demolition of Obsolete Improvements. Immediately following the Effective
Date, Owner is authorized to demolish all of the non-residential buildings and other
improvements ("Obsolete Improvements") located on the Property which are inconsistent with
the Palo Alto Design Approval, in compliance with the terms of one comprehensive "Master"
_____ DemolitiQJ1Permit,~egl.llating _ demolition _Qf Qbsolete_ImpmyemeJ.1iS..tbrmlghQl.llJbe entire site,
to be issued by the City of Mountain View with the written approval of the Chief Building
Official for the City of Palo Alto. The scope of the Building Official's review shall be, to ensure
compliance with Palo Alto's regulations for diversion of demolition debris from landfills as set
forth in Palo Alto Municipal Code Chapter 5.24. A condition of the Master Demolition Permit
shall be that the remaining landscaping shall be maintained (weeded, trimmed, mowed, watered)
until the site is redeveloped and access via roadways through the site shall remain open to the
public following the demolition and prior to commencement of redevelopment.
3. Relocation of Outdoor~Rture._ Owner, at its sole expense, shall relocate the u _______ _
large metal outdoor sculpture ("Untitled; In Homage to My Father"), created by Bay Area artist
Charles Ginnever, from its present location in Mountain View to a publicly visible and publicly
accessible location on the Property in Palo Alto, near the intersection of "Avenue B" and San
Antonio Road. Within two years of the Effective Date and prior to the relocation of the
sculpture, Owner shall finalize the landscaping plan for the sculpture's setting and submit the
plan for final Public Art Commission review and staff level architectural review approval and to
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address comments noted by the Architectural Review Board. The Owner shall then implement
the Palo Alto Design Approval, in particular the site plan and landscaping plan, as it has been
revised to accommodate the sculpture.
4. Green Building Ordinance
Notwithstanding any provision(s) to the contrary herein, Owner shall comply with all
provisions of Chapter 18.44 of the Zoning Ordinance ("Green Building Regulations") in effect at
the time each building permit application is submitted
5. Effect of Agreement.
3.1 Supersedure by Subsequent State or Federal Laws or Regulations. If state
or federal laws or regulations enacted after the Effective Date are inconsistent with the
proyisions of this Agreement, this Agreement shall be deemed modified or superseded to the
extent necessary to comply with the new state or federal laws or regulations. Notwithstanding
any provision of this Agreement to the contrary, City may exercise its discretion to impose
conditions upon any development approval for the Project which will enable the City to comply
with any federal or state law, regulation, or mandate which is in effect at the time the approval is
sought, provided that the conditions imposed (1) are necessary to comply with any federal or
state law, regulations ormandate which is in effect at the time the "'n1"I1'I""'''' are
necessary to protect against a substantial threat to the City's health, safety and welfare. Owner
shall have the right to challenge, in a court of competent jurisdiction, the law or regulation
preventing compliance with the terms of this Agreement and, if the challenge is successful, this
Agreement shall remain unmodified and in full force and effect.
3.2 Future Exercise of Discretion by City. This Agreement shall not be
construed to limit the authority or obligation of City to hold convenient or necessary public
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090625 syn 0120356
hearings, to conduct all analyses required by CEQA, the State Planning Act, the Subdivision
Map Act, City ordinances or any other applicable federal, state or local law or regulation.
Furthermore, this Agreement does not limit the discretion of City or any of its officers or
officials with regard to rules, regulations, ordinances or laws which require the exercise of
discretion by any of its officers or officials, provided that the discretionary decisions reached are
consistent with this Agreement.
4. Term. The term ("Term") of this Agreement shall commence upon the Effective
Date, which is the thirty first day after the date of adoption of ordinance No. and shall
~ ... ..au.to..m..atical1x~xpjre .On_February ~26,_2Q 14. Notwithstaltdlng the~fu.n::gQi.ng,~jf_Qw:nerQL it~
successors in interest obtain and record a final subdivision map implementing the Palo Alto
Design Approval before January 27, 2014, the Term automatically shall be extended, to expire
on January 27,2017.
5. Development Fees, Assessments, Exactions, and Dedications.· All Citywide
fees, assessments, dedication formulae and taxes payable in connection with the development,
construction, occupancy and use of the Project pursuant to this Agreement shall be those
applicable to all similar developments in the City at the time of issuance of Project building
p.ermits.. Notwithstanding.ilie.ioregoing general term and an)' internretation of this Agreem.~1o.
the contrary, the city-wide Palo Alto Parkland Dedication Fee, enacted by City after Owner's
applications for the Palo Alto Design Approval were complete, shall not apply to the Project, due
to Owner's more than adequate provision for dedicated public park and recreation facilities
within the Project's design and conditions of approval. No other Project-specific fee,
assessment, exaction or required dedication policy, not in effect on the Effective Date, shall be
imposed on the Project, unless it is imposed uniformly on all similar types of development
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Citywide. This Agreement does not preclude imposition of new or increased fees or taxes on the
Project subsequent to the Effective Date, other than the Parkland Dedication Fee, provided that
the fees or taxes shall be imposed or increased on a Citywide basis.
6. Standard of Review of Ministerial Permits. All ministerial permits ("Permits")
required by Owner to develop the Property, including (i) demolition permits; (ii) street and
sidewalk construction permits; (iii) grading permits; (iv) building permits; and (v) certificates of
occupancy, shall be issued by City after City's review and approval of Owner's applications
therefor, provided that City's review of the applications is limited to determining whether the
following conditions are met:
(a) The application is complete and includes payment of all applicable fees;
(b) The application complies with all city, federal and state requirements
normally administered by City; and
(c) The application demonstrates. that Owner has complied with the
Palo Alto Design Approval as of the Effective Date hereof.
7. Cooperation in Implementation. City shall cooperate with Owner in a
reasonable and expeditious manner, in compliance with the deadlines mandated by applicable
statutes or ordinances, to complete all steps necessary for implementation of this Agreement and
development of the Project in accordance herewith, in particular in performing the following
functions:
(a) Scheduling all required public hearings by the City Council and Planning
and Transportation Commission; and
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090625 syn 0120356
(b) Processing and checking all maps, plans, land use pennits, building plans
and specifications and other plans relating to development of the Project filed by Owner or its
nommees.
Owner, in a timely manner, shall provide City with all documents, applications,
plans and other infonnation necessary for the City to carry out its obligations hereunder and to
cause its planners, engineers and all other consultants to submit in a timely manner all necessary
materials and documents. It is the parties' express intent to cooperate with one another and to
diligently work to implement all land use and building approvals for development of the Project
in acco[dal1C:E:wi th the t~nnsh~Le9 f.
8. Periodic review.
8.1 Annual Review. At the expense of Owner, City and Owner shall review all
actions taken pursuant to the tenns of this Agreement once annually, within sixty (60) days
before the anniversary of the Effective Date, during each year of the Tenn unless the City and
Owner agree in writing to conduct the review at another time.
8.2 Owner's Submittal. Within ninety (90) days before each anniversary of the
Effective Date, Owner shall submit a letter ("Compliance Letter") to the City's Community
Development Director, describing Owner's compliance .with the tenns of this Agreement during
the preceding year. The Compliance Letter shall include a statement that the Compliance Letter
is submitted to City pursuant to the requirements of Government Code Section 65865.1.
8.3 City's Findings. Within sixty (60) days after receipt of the Compliance
Letter, the Community Development Director shall detennine whether, for the year under
review, Owner has demonstrated good faith substantial compliance with the tenns of this
Agreement. Owner's failure timely to submit a Compliance Letter shall not affect the tenns or
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continuing binding effect of this Agreement. If the Community Development Director finds and
determines that Owner has complied substantially with the terms of this Agreement, or does not
determine otherwise within sixty (60) days after delivery of the Compliance Letter, the annual
review shall be deemed concluded and this Agreement shall remain in full force and effect. Upon
a determination of compliance, the Community Development Director shall issue at Owner's
request a recordable certificate confirming Owner's compliance through the year(s) under review.
Owner may record the certificate with the Santa Clara County Recorder's Office. If the
Community Development Director initially determines the Compliance Letter to be inadequate
in any respect, he or she shall provide written notice to that effect to Owner. If after a duly
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noticed public hearing thereon the City Council finds and determines, on the basis of substantial
evidence, that Owner has not complied substantially in good faith with the terms of this
Agreement for the year under review, the City Council shall give written notice thereof to Owner
specifying the non-compliance. If Owner fails to cure the non-compliance within a reasonable
period of time established by the City Council, the City Council, in its discretion, maya) grant
additional time for Owner's compliance, or, following a public hearing on the matter, modify this
Agreement to the extent necessary to remedy or mitigate the non-compliance, or b) terminate this
Agreement. Except as affected by the terms hereof, the terms of the Development Agreement
Statute shall govern the compliance review process to be followed by City.
9. Default and Remedies.
9.1 Default. Failure by either party to perform any material term or provision
of this Agreement shall constitute a default hereunder, provided that the party alleging the
default shall have given the other party advance written notice thereof and sixty (60) days within
which to cure the condition or, if the nature thereof is such that it cannot be cured within that
11 090625 syn 0120356
time, the party receiving notice shall not be in default hereunder if the party commences to
perform its obligations within the sixty (60) day period and thereafter diligently completes
performance. Written notice shall specify in detail the nature of the obligation to be performed
by the party receiving notice.
9.2 Remedies. Upon City's material default, Owner shall have all of
the remedies available to Owner under California law, including the option to institute legal,
proceedings to specifically enforce, rescind or reform this Agreement.
Upon Owner's material default in its obligations set forth in Section 6 hereof, City
Agreement. Any such legal action by either party does not preclude that party from recovering
damages or other judicial relief. No action by either party during the Term hereof shall be
deemed a waiver or release of any right to assert a claim for monetary damages from the other
party.
10. Agreement to Amend or Terminate. City and Owner by mutual agreement may
terminate or amend the terms of this Agreement, and the amendment or termination shall be
accomplished in the manner provided under California law for the adoption of development
~ ... ~ .... _ ..... ___ agr.eements.........lf.Ow:neLoIjt~s.u.ccessors in interest~p'pjy for amellc:lment~ to this~~mt'l11jJor _
-----.. _--_ .... --_. . ... -~.--..... --... ---.... ---------. -~-------..... ----.... ---~~-
the purpose of varying the physical design, number, location or other physical features of Project
residences within any area subject to the Palo.Alto Design Approval, City in its discretion may
approve, conditionally approve or deny Owner's application, but the terms, conditions and
approved designs of the other Development Areas defined in the Development Plan shall remain
vested and not subject to amendment without Owner's consent.
11. Mortgagee Protection; Certain Rights of Cure.
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11.1 Mortgagee Protection. This Agreement shall be superior and senior to all
liens placed upon the Property or portion thereof after the date on which a memorandum of this
Agreement is recorded, including the lien of any deed of trust or mortgage ("Mortgage").
Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair
the lien of any Mortgage made in good faith and for value, but all of the tenns and conditions
contained in this Agreement shall be binding upon and effective against all persons and entities,
including all deed of trust beneficiaries or mortgagees ("Mortgagees") who acquire title to the
Property or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure or
otherwise.
11.2 Mortgagee Not Obligated. No foreclosing Mortgagee shall have any
obligation or duty under this Agreement to construct or complete the construction of any
improvements required in connection with this Agreement, or to pay for or guarantee
construction or completion thereof. City, upon receipt of a written request therefor from a
foreclosing Mortgagee, shall pennit all Mortgagees to succeed to the rights and obligations of
Owner under this Agreement, provided that all defaults by Owner hereunder that are reasonably
susceptible of being cured are cured by the Mortgagee as soon as is reasonably possible. The
foreclosing Mortgagee thereafter shall comply with all of the provisions of this Agreement.
11.3 Notice of Default to Mortgagee. If City receives notice from a Mortgagee
requesting a copy of any notice of default given to Owner hereunder and specifying the address
for service thereof, City shall deliver to the Mortgagee, concurrently with service thereof to
Owner, all notices given to Owner describing all claims by the City that Owner has defaulted
hereunder. If City detennines that Owner is in noncompliance with this Agreement, City also
shall serve notice of noncompliance on the Mortgagee concurrently with service thereof on
13 090625 syn 0120356
Owner. Each Mortgagee shall have the right during the same period available to Owner to cure
or remedy, or to commence to cure or remedy, the condition of default claimed or the areas of
noncompliance set forth in City's.notice.
12. Assignability.
12.1 Right to Assign. Owner may assign its rights to develop the Project
pursuant to this Agreement without written consent by the City. Each successor in interest to
Owner shall be bound by all of the terms and provisions hereof applicable to that portion of the
Project acquired by it. Subject to the foregoing, this Agreement shall be binding upon and inure
!o th~enefil ofJh~_parties' succe~s()r~, assigns_~41~g~L~Q!~~sen!a!ives. The terms of this
section 11.1 shall not restrict, prevent or otherwise affect Owner's ability to lease, sell or convey
interests in the Property. This Agreement or a memorandum hereof shall be recorded by the City
in the Santa Clara County Recorder's Office promptly upon execution hereof by both parties.
12.2 Covenants Run With The Land. During the Term of this Agreement, all of
the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained
in this Agreement shall be binding unconditionally upon the parties and their respective heirs,
successors (by merger, consolidation or otherwise) and assigns, devisees, administrators,
or
any portion thereof, and any interest therein, whether by sale, operation of law or other manner,
and they shall inure to the benefit of the parties and their respective successors. This Agreement
creates no personal obligations of Owner or its successors, but only obligations appurtenant to
the Property.
13. General.
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13.1 Construction of Agreement. The language in this Agreement in all cases
shall be construed as a whole and in accordance with its fair meaning. The captions of the
paragraphs and subparagraphs of this Agreement are for convenience only and shall not be
considered or referred to in resolving questions of construction. This Agreement shall be
governed by the laws of the State of California.
13.2 No Waiver. Subject to the provisions of Section 8.2, no delay or omission
by the City in exercising any right or power accruing upon the noncompliance or failure to
perform by Owner under the provisions of this Agreement shall impair any right or power or be
construed to be a waiver thereof. A waiver by City of any of the covenants or conditions to be
performed by Owner or City shall not be construed as a waiver of any succeeding breach of the
same or other covenants and conditions hereof.
13.3 Agreement is Entire Agreement. This Agreement and all Exhibits attached
hereto or incorporated herein comprise the sole and entire Agreement between the parties
concerning the Project. The parties acknowledge and agree that neither of them has made any
representation with respect to the subject matter of this Agreement or any representations
inducing the execution and delivery hereof, except the representations set forth herein, and each
party acknowledges that it has relied on its own judgment in entering this Agreement. The parties
further acknowledge that all statements or representations that heretofore may have been made
by either of them to the other are void and of no effect, and that neither of them has relied
thereon in connection with its dealings with the
other.
13.4 Estoppel Certificate. Either party from time to time may deliver written
notice to the other party requesting written certification that, to the knowledge of the certifying
15 090625 syn 0120356
party (i) this Agreement is in full force and effect and constitutes a binding obligation of the
parties; Oi) this Agreement has not been amended or modified either orally or in writing, or, if it
has been amended or modified, specifying the nature of the amendments or modifications; and
(iii) the requesting party is not in default in the performance of its obligations under this
Agreement, or if in default, describing therein the nature and monetary amount, if any, of the
default. A party receiving a request hereunder shall execute and return the certificate within
thirty (30) days after receipt thereof. The Community Development Director of City shall have
the right to execute the certificates requested by Owner hereunder. City acknowledges that a
...._certificat~_berel.md~ml:.iy~ereliecillllopl>y_m~nni!te<i tr~sfe!ee~a:l1d)Y[Q.rtgilgeeS. __ At the reql!est
of Owner, the certificates provided by City establishing the status of this Agreement with respect
to any lot or parcel shall be in recordable form, and Owner shall have the right to record the
certificate for the affected portion of the Property at its cost.
13.5 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, but the counterparts together shall constitute only one
Agreement.
13.6 Severability. Each provision of this Agreement which shall be adjudged to
. ___ be invalid, void or ill_egal shall iUllo way affect, impl:.iir or invalidate any other provi~ions hereof,
and the other provisions shall remain in full force and effect.
13.7 Further Documents. Each party hereto agrees to execute all other
documents or"instruments necessary or appropriate to effectuate and implement this Agreement.
13.8 Time of Essence. Time is of the essence in the performance of every
covenant and obligation to be performed by the parties hereunder.
16
090625 syn 0120356
13.9 Attorneys' Fees. In the event of any dispute between the parties involving
the covenants or conditions contained in this Agreement, the prevailing party shall be entitled to
recover reasonable expenses, attorneys' fees and costs. "Prevailing party" shall include a party
who brings an action against the other party after the other party's breach or default, if the action
is settled or dismissed upon payment or performance by the other party of the matter allegedly
due, or performance of the covenants allegedly breached, or if the plaintiff obtains substantially
the relief sought by it in the action.
13.10 Indemnity. Each party shall indemnify, hold har:mless and defend the other
party for all claims for damages of any kind arising from the indemnifying party's performance
of this Agreement.
14. Notice. Except as otherwise expressly provided herein, all notices and demands
. pursuant to this Agreement shall be in writing and delivered in person, by commercial courier or
by first-class certified mail, postage prepaid and return receipt requested. Except as otherwise
expressly provided herein, notices shall be considered delivered when personally served, or upon
actual receipt if delivered by commercial courier or by mail. Notices shall be addressed as
appears below for the respective parties; provided, however, that either party may change its
address for purposes of this Section by giving written notice thereof to the other party:
City:
Owner:
090625 syn 0120356
City Clerk
The City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
General Counsel
Hewlett-Packard Company
3000 Hanover Street
Palo Alto, California 94304
17
The provisions of this Section shall be deemed directive only and shall not detract from
the validity of any notice given in a manner which would be legally effective in the absence of
this Section.
IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed
in one (1) or more copies as ofthe day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
APPROVED AS TO CONTENT:
Interim Director of Planning
and Community Development
090625 syn 0120356
18
"CITY"
CITY OF PALO ALTO,
a chartered municipal corporation
Mayor
"OWNER"
HEWLETT-PACKARD COMPANY,
a Delaware Corporation
By: ____________________ __
Title: ----------------------
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATEOFCALIFORNIA )
)
COUNTY OF )
On , before me, a notary public in and for
said County, personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized
capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
~_~~~~~~~I certify unf!~~p~alty ofp~r.il.ll)'1:l11der the la~s()f'Q1~~§1<!1eof California that!l1e~f()~~~()iIlg
paragraph is true and correct.
WITNESS my hand and official seaL
19
090625 syn 0120356
l. )
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF CALIFORNIA )
)
COUNTY OF )
On , before me, , a notary public in and
for said County, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that helshe/they executed the same in hislher/their authorized
capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
~I-certify-under-p€l1a1tyofpeIjuryunderthelaws-o£theState ofCalifomia-thaUheforegoing
paragraph is true and correct.
WITNESS my hand and official seal.
20
090625 syn 0120356
The City of
Palo Alto
Legend
City Jurisdictional Limits: I::: ~ Palo Alto City Boundary
c::J 200 San Antonio Ave (Project Site)
abc Known Structures
t1'J!r~ William Kelly Parcel
This map is a product of the
City of Palo Alto GIS
200 San Antonio Ave
Project Area Map -. 0' 150'
This documenl is. a glephlc representation only of host II sources.
'T'h$ City 01 Palo AJIo aswmes no responSibility for any errors@1989to21,)1)8Cityof p,,10 Alia
October 22,2008
Jo Price
2560 North First Street, Suite 102
San Jose, CA 95131
)
C=ity ~f P~<?N~()
Department oj Planning and
Community Environment
Attachment B
Subject: 200 San Antonio Avenue [07PLN-00000-00302]
Dear Ms. Price:
.... ~ .~--.-On--Ihursday, .. AprilX7,2008,-.the~ArchitecturaLRe:Y:iew~BQard~(ARB) .. reviewed
application (07PLN-00000-00302) and recommended approval with conditions to the
Director of Planning and Community Environment. On Wednesday October 22,2008, the
Director of Planning and Community Environment conditionally approved the project and
adopted the associated Environmental Impact Report.
PROJECT DESCRIPTION
Request by Toll Brothers on behalf of Hewlett Packard for a Major Architectural Review
Board review of a 45-unit multiple family housing development. The proposal includes
requests for a Design Enhancement Exception for encroachments mto setbacks, and a
Variance for encroachments into a special setback, and to provide a seven foot screen .
wall exceeding the allowable height. Environmental Assessment: An Environmental
Impact Report was prepared and certified by the City of Mountain View in June, 2006.
Zone District: ROLM.
1. The approval is based upon the project's compliance with the attached ARB, Variance
and DEE findings.
2. Approval of this project shall be subj ect to the conditions listed below.
Planning
250 Hamilton Avenue
PO. Box 10250
Palo Alto, CA 94303
650.329.2441
650.3292154
Transportation
250 Hamilton Avenue
PO Box 10250
Palo Alto, CA 94303
650329.2520
650617.3108
Building
285 Hamilton Avenue
PO. Box 10250
Palo Alto, CA 94303
650.329.2496
650.329.2240
200 San Antonio A ve., ... J
October 22, 2008
[07PLN-00000-00302]
Page 2 of 16
CONDITIONS OF AJPPROV AlL
PLANNING DIV][SION
1. The proj ect shall be constructed in substantial conformance with plans dated received on
April 3, 2008 except as modified by these conditions of approval.
2. The approval of the Major Architectural Review shall not become effective until the
City Council approves the Vesting Tentative Map. This condition shall not effect the
appeal period of the ARB approval.
3. The light standard at the guest parking spaces located adjacent to the existing Rosewalk
-development appears to-casthght-beyond the-property boundary; T:his-fixturemust be--
shielded or relocated such that light does not spill beyond the property boundary. This
--------requirement ilSo-appTiestoarrofher exterior liglifS-ouices-.--------------
4. The applicant shall work with their design team and the appropriate city departments to
ensure that required utility features are not visible on the outside of the buildings
wherever possible.
5. All mitigations listed in the final ErR shall be implemented.
6. If the applicant is unable to secure the small City owned parcel adjacent to San Antonio
Avenue the alternate site plan show on page All shall be considered approved.
7. The proposed development is subject to Development Impact fees estimated at
$360,675.00. The actual fees are due and will be calculated prior to building pennit
Issuance.
8.-N0 mus-ie i-s-aH0wed to·-be~l-a;)'~edC:!:-::t0lJ;.UWtOW-0;l,<-0;ll-r~-s::iinn=!tnh£e::tG;_j:laf:'fW'tf..nft-Q:lS-h1::-ilaJjre2fat::. =====~-=--:.::.=---==~~~-===
9. The carwasb area shall have no electrical outlets such that cars may not be vacuumed in
this location.
10. The plans submitted for building permit shall be revised to accurately show the cross
walk across San Antonio Avenue at Nita Avenue.
11. The Build It Green Multifamily Green Point Rated Checklist shall be printed on the
plans submitted for building permit.
12. BMR Program Compliance:
At the 15% BMR rate, the minimum number ofrequired BMR units is calculated as
45 units x 15% = 6.750 units. Rounded up 7 out of the 45 total units proposed for
construction must be provided as for-sale BJv1R units
200 San Antonio Avenue
October 2008
[07PLN-OOOOO-00302]
Page 3 of16
13. The following items must come back to the ARB subcommittee for review prior to
building permit Issuance:
€J Selection of an alternate street light standard;
II) Simplification of the carwash structure;
4l Reconsideration of the window material;
Gi Reconsider the shape of the proposed horizontal windows;
Ill) Simplification of the proposed entry wall.
14. To the extent pennitted by law, the Applicant shall indemnify and hold harmless the
City, its City Council, its officers, employees and (the "indemnified
parties")from and against-ilnyclalm,-action, or proceedmg-broughtby athird party
~--against··the-indenlnifiedpartiesand-theapplicanLto-attaGk,setasideorvoid,any--··~
permit or approval authorized hereby for the Project, including (without limitation)
reimbursing the CJty its actual attorneys and costs mcurred in defense of the
btigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its own choice.
UTILITIES MARKETING
Prior to issuance of either a Building Pennit or Grading Pern1jt, the landscape and
irrigation plans shall be approved by Utility Marketing Services, a divisi'on of the Utilities
Department Since landscape modifications for this project exceed 1,500 square feet, the
applicant will need to comply with the City of Palo Alto's Landscape Efficiency
Standards. Note that a maximum water allowance and a dedicated irrigation service and
backflow prevention device will be required.
Dueio the size ofthis project and it's proximity to the Regional Water Quality Control
Plant both Mountain View and Palo consider' for the
lrrlgati6nsystem. Allliougli not mandatory reqUirement yet, t1leCl1Yis conSIdering tlil§-~
amendment for all commercial and multi-family projects with over 1,500 square
To comply with the Landscape Efficiency Stan.dards, please submit the following
when applying for your Building andlor Grading Permits:
);> Landscape Water Use Statement
);> Water Use Calculations
);> Irrigation Plan
);> Grading Plan
);> Planting Plan
All documents and infonnabon to comply with the Landscape Water Efficiency
Standards can be found on the City of Palo Alto Utilities website at
v{ww.cityo:tpaloalto.org/utilitles. If you any further questions, please contact
200 San Antonio A venue
October 22, 2008
[07PLN-OOOOO-00302]
Page 4 of 16
Amanda Cox with Utility Marketing Services at (650) 329-2417.
In addition to planning a sustainable and water efficient landscape, applicants must work
to minimize fertilizer applications and reduce stormwater runoff. Consider the following
conditions at your project. site:
1. Landscaping shall be designed with efficient irrigation to reduce runoff, promote
surface infiltration, and minimize the use of fertilizers and pesticides that can
contribute to water pollution.
2. Where feasible, landscapmg shall be designed and operated to treat stonnwater runoff
by incorporating elements that collect, detain, and infiltrate runoff In areas that
provide detention of water, plants that are tolerant of saturated soil conditions and
~prolonged~exp6sureroWater sliaIrl5especTfied~
3. Plant materials selected shall be appropriate to site specific characteristics such as soil
type, topography, climate, amount and timing of sunlight, preva.iling winds, rainfall,
air movement, patterns of land use, ecological consistency and plant interactions to
ensure successful establishment.
4. Existing native trees, shrubs, and ground cover shall be retained and incorporated into
the landscape plan to the maximum extent possible.
5. Proper maintenance of landscaping, with minimal pesticide use, shall be the
responsibility of the property owner.
UTILITIES ELECTRIC
1. A completed Electric Load Sheet and a full set of plans must be included with all
building permit applications involving electrical work The load sheet must be
included with the preliminary submittal.
.... -... ~ ............. _.
2. Applicant to submit engineering design for on-site electrical utilities. Design shall
include primary, secondary and service electrical facilities. Applicant is responsible
for ensuring the voltage and Hicker drops are within N.E.C. and CPAU limits. City
staff will provide design standards to applicant's consultant. Design shall show trench
routes, location ofpadmount distribution transformer(s) and electric meter locations.
Design will be submitted to Utilities Engineering for review and approval.
3. This project requires locations for padmount transformers. The location of the
padmount transformers shall be shown on the site plan and approved by the Utilities
Department and the Architectural Review Board.
4. A location for a padmount switch may be required at the comer of San Antonio and
Whitney Avenue. Applic811t shall consult with the Utilities Engineenng to detelmiile
design requirements.
200 San AntoI1lo Avenue
October 22, 2008
[07PLN-00000-00302]
Page 5 of 16
5. The developer/owner shall provide space for installing padmount equipment (i.e.
transformers, switches, and interrupters) and associated substructure as required by
the City. In addition, the owner shall grant a Public Utilities Easement for facilities
installed on private property as required by the City.
6. Applicant shall meet with the City's Electric Engineering staff to determine the
electric utility design requirements for equipment and associated substructure work.
7. The customer shall install all electrical substructures (conduits, boxes and pads)
required from the service point to the customer's switchgear. All conduits must be
sized according to National Electric Code requirements and no %-inch size conduits
--are-periTIitiea:Conauitruns-over 5DUfeetiniength require aaditiorial pulrboxes. -Tile
.-.----designancLinstal1ation-shall-also-be-according-to-the-City-standards .. --
8. Location of the electric panel/switchboard shall be shown on the site plan and
approved by the Architectural Review Board and Utilities Department.
9. All utility meters, lines, transformers, backflow preventers, and any other required
equipment shall be shown on the landscape and irrigation plans and shall show that
no conflict will occur between the utilities and landscape materials. In addition, all
aboveground equipment shall be screened in a manner that is consistent with the
building design and setback requirements.
10. For services larger than 1600 amps, the customer will be required to provide a
transition cabinet as the interconnection point between the utility's padmount
transformer and the customer's main switchgear. The cabinet design drawings must
be submitted to the Electric Utility Engineering Department for review and approval.
··-··-··-·-····--1--l~-No-more-than-=t'our2J"5·0Me-M'::'-co-n-·d-uc-to-r-s-p:erpna-s-e--can--b-·e':'ccmrreCte-ct--to-li-he-···-·-·------
transformer secondary terminals; otherwise, bus duct must be used for connections to
padrnount transformers. If customer installs a bus duct directly between the
transformer secondary terminals and the main switchgear, the installation of transition
cabinet will not be required.
12. The customer is responsible for sizing the service conductors and other required.
equipment according to the National Electric Code requirements and the City
standards.
13. Proj ects that require the extension of high voltage primary distribution lines must be
coordinated with the Electric Utility. Additional fees may be assessed for the
reinforcement of offsite electric facilities.
14. Any additional facilities and services requested by the Applicant that are beyond what
the utility deems standard facilities will be subject to Special Facilities charges The
200 San Antonio Avenue
October 2008
[07PLN-OOOOO-00302 ]
6 of 16
Special Facilities charges include the cost of installing
as the cost of ownership.
Prior to issuance of a building permit
additional facilities as well
15. applicant shall comply with all the Electric Utility Engineering Department
service requirements noted during plan review.
Du:ring const:ruction
16. Contractors and developers shall obtain a street opening permit from the Department
of Public Works before digging in the street right-of-way. This includes sidewalks,
driveways and planter strips.
17. At least 48 hours prior to starting any excavation, the customer must call
~~---AIert(DSA) at r':-SOO=227-2600to'have exlstingUndergrouncI-----
----,~. ·-utilitieslocatedand·marked~1'he-areas-to-beGheGked-by-lJSAshall-bedelineated
with white paint. All USA markings shall be removed by the customer or contractor
when construction is complete.
18. The customer is responsible for installing all on-site substructures (conduits, boxes
and pads) required for the electric service. No more than 270 degrees of bends are
allowed in a secondary conduit run. All conduits must be sized according to National
Electric Code requirements and no Y2-inch size conduits are permitted. All off-site
substructure work will be constructed by the City at the customer's expense, Where
mutually agreed upon by the City and the Applicant, all or part of the
substructure work may be constructed by the Applicant. Utilities Rule & regulation
#16.
19. All primary electric conduits shall be concrete encased with the top of the encasement
at a depth of 30 inches. No more than 180 degrees of bends are allowed in a primary
conduit run. Conduit runs over 500 feet in additional boxes,
20. All new underground conduits and substructures shall be installed per City standards
and shall be inspected by the Electrical Underground Inspector before backfilling.
21 The customer is responsible for installing all underground electric service conductors,
bus duct, transition cabinets, and other required equipment. The installation shall
meet the National Electric Code requirements and the City standards.
22. Prior to fabrication of electric switchboards and metering enclosures, the customer
must submit switchboard drawings to the Electric Metering Department at 3201 East
Bayshore Road, Palo Alto 94303 for approvaL The City requires compliance with all
applicable EUSERC standards for metering and switchgear.
200 San Antol11o Avenue
October 22, 2008
[07PLN-00000-00302]
Page 7 ofl6
23. All new underground el ectric services sb all be inspected and approved by both the
Building Inspection DivIsion and the Electrical Underground Inspector before
energlZmg.
After construction and prior to finalization
24. The customer shall provide as-built drawings showing the location of all
switchboards, conduits (number and size), conductors (number and size), splice
boxes, vaults and switch/transformer pads ..
Prior to issuance of building occupancy permit
25. The applicant shall secure a Public Utilities Easement for facilities installed 011
private property for City use.
26.All .. requiredinsp.e.ctions.hav..e..been_campleted_and_appro-'Y'ed_byboth_th~Building._
Inspection Division and Electrical Underground Inspector.
27. All fees must be paid.
28. All Special Facilities contracts or other agreements need to be signed by the City and
applicant
Additional comments
29. Load calculations based on National Electrical Code must be submitted.
30. Extension of existing distribution lines or relocation of utilities (if feasible and
required) will be at developer's expense. Developer must schedule a meeting with
Utilities Engineering Department (650-566-4516/4535) and obtain all the engineering
details prior to sUbmitting plans to the Building Department.
cunently in the City's inventory. No new styles of poles andlor fixtures shall be
approved.
32. These are only preliminary comments and should not be construed as final review or
approval for the project. Utilities Engineering will provide detailed comments as well
as cost estimate when plans are submitted to the Building Department for review and
approvaL The City recommends customers/developers to contact Utilities .J..J".F,a,vv.uu
(650-566-4533/4516) and obtain Utilities Standards and Requirements prior to
finalizing plans .
.lllUI1LDING IHVISION
1 The plans submitted for the building permit shall include the Code Analysis on the
cover of plans The following code information for each bUIlding shall
provided:
200 San Antonio Avenue
October 22, 2008
[07PLN-00000-00302]
Page 8 of 16
<l) Type of Construction.
(j> Occupancy Group Classification.
~ Allowable Floor Area.
CD Actual Floor Area Analysis.
2. The lower floor (garage / ground) shall be classified as the first floor. Every occupant
above the second floor shall have access to not less than two exits. This requirement
applies regardless of the manner in which each floor is labeled on the plans. The third
floor within individual dwelling unit riot exceeding 500 square feet may have access
to only one exit. Total gross floor area of third floor (500 sq/ft) shall include area of
the stairway .
.. l.:_~t 1 e~!!en P_<?r.s:eI!! _9L the~w~!liQK!l:!!it~_.§.h~JIJJ_t:.jl£c&.§.~i b l~tQJ?YI~Q:r.lli_with .... ~
disabilities. See CBC Section 1l02A.3 for the requirements.
4. Provide accessible path oftravelto all common areas.
5. The plans submitted for building permit shall include all mechanical, electrical, and
plumbing plans. M.E.P. plans shall not be deferred submittal.
6. A separate building permit shall be required for the construction of each building.
7. Due to the scale of the overall project, the applicant shall berequired to utilize a 3Td
party plan: check agency to conduct the building code plan review. A list of the
agencies approved by the City of Palo Alto is available at the Development Center.
The City's Building plan check fees are reduced by 75% when a 3Td party plan check
agency is utilized.
8. No wood burning fireplaces shall be constructed except as provided in P AMC Section
9. An acoustical analysis shall be submitted and the plans shan incorporate the report's
recommendations needed to comply with the sound transmissions requirements in
CBC Appendix Chapter 12, Division IIA.
10. The plans submitted for each bUilding permit shall include the full scope of the
construction inc1udingutility installations, architectural, structural, electrical,
plumbing and mechanical work associated with each proposed building.
11. The applicant shall be schedule and attend a pre-application meeting with Building
Division staff to review the pennit application process and to verify that the pernlit
application will comply with all of the following conditions.
12. A separate grading permit shall be required for cut and/or fill grading exceeds 100
200 San Antonio Avenue
October 22, 2008
[07PLN-00000-00302j
Page 9 of 16
cubic yards and for other site development (such as landscaping, disabled access, site
drainage, common sanitary sewers, water, electric utilities) of areas outside the
perimeters of the buildings. The excavation of the basement parking garages is
included as part of the building pem1it and does not require a separate grading permit
] 3. The location of each buildings' electrical service shall require prior approval by the
Inspection Services Division and shall be located at an exterior location or in a room
or enclosure accessible directly from the exterior.
14. The plans submitted for the building permits for the multi -unit residential buildings
shall include allowable floor area calculations that relates the mixed occupancies to
type of construction.
-_. --J5.-The-plans-submitted-with-thepermitapplication.forthe.shelLbuildingshall.include
the complete design for disabled access and exiting for the entire site.
16. The project site is located within a seismic hazard zone indicated on the State
Geologist's Mountain View Quadrangle Map and is thus subject to the requirements
of the California Seismic Hazards Mapping Act (SHMA). As such, the building
permit application shall include a geotechnical report that identifies any site specific
seismic hazards and provides recommendations for their mitigation. Additionally, the
report's recommendations shall be incorporated into the building designs.
PUBLIC WORKS ENGINEERING DEPARTMENT
1 Public streets: Avenue A and the portion of Whitney Drive in Palo Alto are
designated as public streets. However, they do not meet Public Works' minimum
standards for a collector street, which requires 5-foot wide sidewalks, 4.5-foot wide.
planter strips, 6-inch curbs, 8-ft parking lanes, and 12-ft drive lanes, adding up to a
....:::::==....:::::=====~6J)0~:;J-C;:;O-~OTwIh ·-de ri·ght=-of=waytR0WJ.We-tirrdersfarrQ~hat-Mo1intalll-Vrew-is-iequiring"-----
all of the streets on the Mountain View side of the development to be public and that
they meet Mountain View's standards, which are a 56-ft wide ROW. The differences
in the two city's standards are that Mountain View only requires 7-ft wide parking
lanes and 11-ft wide drive lanes. Mountain View staffhas infonned Palo Alto staff
tbat the requirement for all ofthe streetS in the development to be public is primarily
due to the fact that the public will be using these streets to access the two public parks
that are part of the development and it is felt that the homeowner's association should
not have to be responsible for the maintenance cost of these streets if they are being
used by the public. Accordingly, Public Works will accept Avenue A and Whitney
Drive as public streets with some adjustments to the proposed configuration of the
streets. Specifically, the 3 bulbed-out ends of Avenues A & B at the crosswalks are
shown as 22-ft wide, but we require them to be 28-ft wide. The 24-ft wide section of
Whitney Drive near the center island must be increased to 28-ft wide.
200 San Antonio A venue
October 22~ 2008
[07PLN -00000-00302)
Page 10 ofl6
After ARB approval
2. Subdivision maps: A tentative map and a final map are required for the proposed
development. The applicant "Shall submit an application for a major subdivision with
the Planning Division along with the tentative map. The "Step One: Preliminary
Parcel Map or Tentative Map" checklist must accompany the completed application.
All existing and proposed dedications and easements must be shown on the map. A
digital copy of the Final Map, in AutoCAD format, shall be submitted to Public
Works Engineering and shall conform to North American Datum 1983 State Plane
Zone 3 for horizontal survey controls and NGVD 1929 for vertical survey controls.
The applicant should review the Subdivision Map Act to detennine the mapping
requirem~11ts for a subdivision that overlaps jurisdictions. It may bethatone tentative -
_. _. -'--'-'-'--"~map--shoul(rbepiepared for theentrresubdlvlSlonthaibofu M'o-~ta{nVlew and Palo
.. ~-·----Alto-approve-rather-thanpreparingsepar·atetentative'maps.--'Separatefinal--maps, -one-
for each jurisdiction, would be required.
No grading or building permits will be issued until the Final Map is recorded
with the County Recorder.
3. Private access road: In order to ensure public access to the development through the
underpass, the developer must acquire the private parcel on the west side of Ban
Antonio Avenue on which the access road to the underpass lies and then deed this
parcel to the City of Palo Alto. The applicant will be required to upgrade the access
road to City standards, including sidewalks, should the road currently not meet tbese
standards. This work would be included in the improvement plans.
4. Improvement plans: After approval of the Major Architectural Review, the
applicant shall arrange a meeting with the Public Works Engineering, Public Works
Operations, Water/GasIW astewater Engineering, Electric Engineering, Pl3::rming,. ·:'=:'==::':'::'::====~T:;:'r=ansportatlOn,and the Fue Departmenffo discuss wbaton-site and off~site public
improvements will be required. Typical improvements may include the upgrading of
public utilities; replacement of the sidewalk, curb & gutter along the frontages of the
site, including the installation of curb ramps and street trees; and the resurfacing,
restriping and signage of the streets along the project frontage.
5 _ Underpass retrofits: The improvement plans must include the structural retrofits of
the underpass that were recommended in the structural evaluation performed by
Peoples Associates. Also, the applicant shall make repairs to the underpass' road
surface, sidewalks, gutters and storm drain. "Low clearance" signage shall be
installed on both approaches to the underpass.
The final map cannot be submitted for review until the improvement plans have
been submitted, reviewed and preliminarily approved by the City.
200 San Antonio Avenue
October 22, 2008
[07PLN-OOOOO-00302]
Page J 1 of 16
6. Developer's project mallJl.ager: subdivision includes sIgnificant complexity
involving coordination of infrastructure design and construction. The developer shan
appoint a Project Manager to coordinate with Planning,Public Works and Utility
Department staff. Public Works wil1 have regular communication with the Project
Manager in order to facilitate timely review and approval of design and construction.
Prior to Couucil approval of final map
7. Subdivision improvement agreement: A subdivision improvement agreement is
required to secure compliance with the conditions of approvaJ and security of the
onsite and offsite public improvements. The agreement must be finalized prior to
City Council approving the Final Map .
. 8,~Bouds:--.The~subdivider~shallpost-securities,-typiGally payment~andpeFfonnanGe
bonds, prior to City Council approval of the Final Map to guarantee the completion of
the onsite and offsite public improvements. The applicant must submit a construction
cost estimate for the onsite and offsite public improvements. The amount of the
bonds shall be determined by the Planning, Utilities and Public Works Departments
after reviewing the plans and the estimate.
Include in submittaJ for Building permit
9. Grading & excavation permit: A Grading and Excavation Permit is required for
the project. A grading pem1it only authorizes grading and storm drain .improvements,
therefore, the following note shall be included on each grading permit plan sheet:
"This grading pem1it will only authorize general grading and installation of the stom1
drain system. Other building and utility improvements are shown for reference
information only flJ.1d are subject to separate building permit approval" No utility
infrastructure should be shown inside the
10. Storm drains: The existing municipal storm drainage system in the area is
undersized and may be unable to convey the peak runoff from the project site. The
applicant may be required to provide storm water detention on-site to lessen the
project's impact on city storm drains. The applicant's engineer shall provide storm
drain flow and detention calculations, including pre-project and post-project
conditions. The calculations must be signed and stamped by a registered civil
engineer. Altematively, the Palo Alto-side storm water may be col1ected and
discharged into the Mountain View storm drain system. It is Palo Alto staff's
understanding that Mountain View staff has reviewed and approved this scenario.
11. C3: ThIS project is required to meet the Palo Alto Municipal Code Section 16.11 and
the California Regional Water Quality Control Board's revised provision C.3 for
storm water regulations that apply to land development projects that create or replace
10,000 square feet of impervIOus surface, These regulations require that the project
ll1corporate a set of permanent site measures, source controls, and treatment
200 San Antonio Avenue
October 22, 2008
[07PLN-00000-00302j
Page 12 of 16
controls that serve to protect stonn water quality. The applicant will be required to
calculate, develop and incorporate pemlanent stoml water pollution prevention
measures (preferably landscape-based treatment controls such as bioswales, filter
strips, and penneable pavers rather than mechanical measures that require long-term
maintenance) to treat a specified percentage of site runoff. The C.3 measures are
included on the grading and drainage plan. Public Works charges $750 (cunently) to
review C.3 calculations and plans. The applicant must designate a party, typically the
homeowner's association, to maintain the control measures for the life of the
improvements and must enter into a maintenance agreement with the City. The
maintenance agreement and shall be in the fOlm of a covenant running with the land.
The agreement shall provide access to the extent allowable by law for representatives
or agents of the City for the purposes of verification of proper operation and
maintenance of specific C.3 measures. The ·agreement must be entered into and
--recorded prior t()1iubllc·Works'"lnspectorsigniilgoff on buildingpeIIlIits.-TJ:1e _. - -
------GG&R-'-s-shou~ a-in&luae--pFovisions-for-mainte-nanGe-of-the G.-"3measure-sc
Infonnation regarding stOll1 water control measures can be found on the web at these
addresses:
http://www.cabmphandbooks.orglDevelopment.asp
http://www.scvurppp.org/
12. Survey datum: Plans shall be prepared using North American Datum 1983 State
Plane Zone 3 for horizontal survey controls and NGVD 1929 for vertical survey
controls throughout the design process.
13. Final grading & drainage plan: The pians shall include a final grading and
drainage plan prepared by a licensed professional. This plan shall show existing and
proposed spot elevations or contours of the site and demonstrate the proper
conveyance of stOll1 water to the nearest adequate municipal stOll1 drainage system.
__ ExistingjIainaK~..R~!.1em~~jJ:lclud~J:lK.~<:',~J:!lgda!~.sm9f runoff from adj acent.. _ ~=-~======::::;p=r=o=p=ert::;'ies, shall-oe maintainea-:-Uownspouts ana splasnElocKs slioulcr6e sli-owc--n-o-nc------
this plan. Public Works encourages the developer to keep rainwater onsite as much as
feasible by directing runoff to landscaped and other pervious areas ofthe site.
14. SWPPP: This proposed development will disturb more than one acre of land.
Accordingly, the applicant must apply for coverage under the State Water Resources
Control Board's (SWRCB) NPDES general pell1it for stOll1 water discharge
associated with construction activity. A Notice of Intent (NOl) must be filed for this
proj ect with the SWRCB in order to obtain coverage under the pell1it. The General
Permit requires the applicant to prepare and implement a StOll1 Water Pollution
Prevention Plan (SWPPP). The applicant is required to submit two copies of the
NOl and the draft SWPPP to the Public Works Department for review and approval
prior to issuance of the building pemlit. The SWPPP should include both pennanent,
post-development proj ect design features and temporary measures employed during
construction to control stOll1 water pollution.
200 San Antonio Avenue
October 22, 2008
[ 07PLN-00000-00302]
Page l3 of 16
15. Impervious surface area: The proposed development will result in a change in the
impervious area of the property. The applicant shall provide calculations of the
existing and proposed impervious surface areas with the building permit application.
For multi-family residential properties, a Stonn Drainage Fee will be assessed on the
monthly City utility bill in the month following the final approval ofthe construction
by the Building Inspection Division. The impervious area calculation sheets and
instructions are available from Public Works Engineering and on the division's
website: http://www.cityofpaloalto.org/depts/pwd/fonns-.-:pennits.asp
16. Storm water sbeet: The City's full-sized "Pollution Prevention It's Part ofthe Plan"
sheet must be included in the plan set. Copies are available from Public Works at the
VIJAUVA . .I.< ,-,'-'LHVA or on'our website':" -~-.. . ...................... .
http.;/lwww-;-cityofpaloalto;org/deptsipwdlfonns'=permits-.asp; ..
17. Dewatering: Add the following note to the plans, "If dewatering any excavation
becomes necessary during excavation or construction, all construction must stop and
the contractor must prepare and submit a dewatering plan to Public Works
Engineering. If acceptable, the plan will be included in a Permit for Construction in
the Public Street. The contractor will be required to pay a dewatering fee. The
dewatering system can then be installed, but must be inspected and approved by
Public Works' inspectors prior to commencing dewatering and resuming
construction." Alternatively, the applicant can include a dewatering plan
building pennit plan set to help expedite this process. Dewatering guidelines are
available on Public Works' website.
18. Work in tbe rigbt-of-way: The plans must clearly indicate any work that IS to be
conducted in the public right-of-way, such as sidewalk, driveway approach, curb,
or lateral work. The must include notes that the work must be =====~d~o==n==e=p==e;:r :;;:;P;:::U5:;=51:;:':I=C::;WOfK~:;' ==o=';r ==s 'standarosand-thatrne contractor perfolTInng thIS worR muse
first obtain a Permit for Construction in the Public Street ("street work pem1it") from
Public Works at the Development Center.
19. Street trees: Show all street trees in the public right-of-way. Include street tree
protection details in the plans. Any removal, relocation or planting of street trees; or
excavation, trenching or pavement installation within 10 feet of a street tree, must be
approved by Public Works' arborist, Eric Krebs (phone: 650-496-6905). This
approval shall appear on the plans.
Prior to construction
20. Street work permit: A Permit for Construction in the Public Street ("street work
permit") must be obtained by the general contractor to cover all work perfonned in
the public right-of-way. All construction within the right-of-way, easements or other
prope11y under City jurisdiction shall conform to the standard specificatjons and
200 San Antonio Avenue
October 22, 2008
[07PLN-00000-00302]
Page 14 of16
details of the Public Works and Utility Departments, Typically, the off-site public
improvement plan set is used for this permit. The fee for a street work permit is 5%
ofthe construction cost of the improvements,
21, Logistics plan: A construction logistics plan shall be provided addressing all impacts
to the public and shall include, as applicable: work hours, noticing of affected
businesses and residents, construction signage, dust control, noise control, storm
water pollution prevention, contractors' parking, truck routes, staging, concrete pours,
crane lifts, materials storage, pedestrian safety, and traffic controL All truck routes
shall conform to the City of Palo Alto's Trucks and Truck Route Ordinance, Chapter
10.48, and the route map, which outlines truck routes available throughout the City of
Palo Alto. A handout describing these and other requirements for a construction
logistics plan is available from Pubhc Works Engineering. The construction logistics -~ ...... -~-~-plan is atiachediothe street workpeIDiIC-.. -~ '-~" ~
During construction
22, Inspection: The contractor must contact Public Works' Inspector at (650) 496-6929
prior to any work performed in the public right-of-way.
Prior to Public Works acceptance
23. Storm drain logo: The applicant is required to paint "No Dumping/Flows to Bay (or
creek's name)" in blue on a white background 4djacent to all onsite stonn drain inlets.
The name of the creek to which the proposed development drains can be obtained
from Public Works Engineering or the City of Mountain View. Stencils of the logo
are available from the Public Works Environmental Compliance Division, which may
be contacted at (650) 329-2598. Include the instruction to paint the logos on the
construction grading and drainage plan, The applicant is required to install
~hermoplastic logos adja~ent to al~ off-site storm drain inlets 14a1 are 10catediIlth~
pUblic riglit-of.::way and affeCtea15y the pro]ecCmTnelliermoplastiClogos may be-~ -_ ....... .
obtained from the Public Works Inspector.
24. Record drawings: At the conclusion of the project applicant shall provide digital as-
built/record drawings of all improvements constructed in the public right-of-way or
easements in which the City owns an interest. The digital files shall conform to North
American Datum 1983 State Plane Zone 3 for horizontal survey controls and NGVD
1929 for vertical survey controls. In addition, a digital copy of any project parcel
map, subdivision map, or certificate-of-compliance shall also be provided. All files
should be delivered in AutoCad format.
25. Signoff: The Public Works' Inspector shall sign-off the building pennit prior to the
final sign-off by the Building DlVision. All as-builts, on-site grading, drainage and
post-developments BMP's shall be completed prior to sign-off. The maintenance
agreement for the C3 measures must be entered into and recorded prior to the
200 San Antonio Avenue
October 22, 2008
[07PLN -00000-00302 J
Page 15 of 16
inspector's sign~off of the building pemlit. The w~rk in the Permit for Construction
in the Public Street must be completed and tbe Public Works' inspector must sign off
this pemlit prior to signing off the building permit.
PUBLIC WORKS WATER QUALITY CONTROL PLANT
prior to plan approval by this department:
1. PAMC 16.09.032(B)(17) Covered Parking
Drain plumbing for parking garage floor drains must be connected to an oil/water
separator with a minimum capacity of 100 ganons, and to the sanitary sewer system
2. FAMC 16.09.106(1) Carwash Required
~~~"Kesldentiar6uiraini!rswitl1Z5-6jrinoieTlilltspr6vlaeacovefea~carwasnafea rof
-~.-...... --~ ... -~ .. vehic1e~washing.hy.Jesidents.Jhe~carwash.are.a.is_required.to~dr.aill.1o...aILOilLwater
separator with a minimum capacity of 100 gallons, and to the sanitary sewer.
3. PAMe 16.09.115(a) Pools, Spas or Fountains
It shall be unlawful to discharge water from cooling systems, pools, spas or fountains
to the storm drain system.
4. PAMC 16.09.032(15)
Swimming pool discharge drains shall not be connected directly to the storm drain
system or to the sewer system. When draining is necessary, a bose or other temporary
system shall be directed into a sewer (not storm drain system) clean out. A sewer
clean out shall be installed in a readily accessible area.
FIRE DEPARTMENT
1. Overhead clearance at main vehicular entry shall be not less than 13 ft., 6 in. high.
(2001 CFC90 1)
3. Hydrants shall be placed at locations not to exceed 125 feet from any point along the
fire vehicle access. Fire access road for 20 feet in each direction from fire hydrant
shall be not less than 26 feet in width. (P AMC15. 04.140)
4. A fire sprinkler system shall be provided which meets the requirements ofNFPA
Standard No. l3R, 2002 Edition. (PAMC15.04.160) Fire Sprinkler system
installations or modifications require separate submittal to the Fire Prevention
Bureau. (PAMC15.04.083)
5. An exterior bell shall be provided, and an approved audible sprinkler flow alarm to
aleli tbe occupants shall be provided in the interior of each building in approved
locations. (2001 CBC904.3 .2)Fire Alaml system installations or modifications requue
separate submittal to the Fire Prevention Bureau. (P AMC15.04.083)
200 Sa.n Antonio Avenue
October 22, 2008
[07PLN-OOOOO-00302]
Pa.ge 16 of 16
6. All sprinkler drains, including those for floor control valves and inspector's test
valves, as well as the main drain, shall not discharge within the building. Water
discharged from these points shall be directed to an approved landscape location or to
the sanitary sewer system. (99NFPA1J, Sec. 5-14.2.4.3) NOTE: Please check with
Roland Ekstrand in Utilities for maximum flow capacity of sanitary sewer in the area.
Main Drain test discharge flow rate shall be impounded and attenuated to below
sanitary sewer capacity before discharge.
The approval will become effective 14 days from the postmark date of this letter, unless
an appeal is filed in accordance with Title 18 of the Palo Alto Municipal Code. This
---.~------··-~~"pr6ject approval slialr15e effecllvelbr one yearfrbiriNovein15er o-;-TO-U8~witliinwliiai--
------.~--time_constructiolLoLthe_projecLshalLhave_commenced._ApplicationfOLcxtensionmay-be-
made prior to the expiration on November 6, 2009. The time period for a project may be
extended once for an additional year by the Director of Planning and shall be open to
appeal at that time. In the event the building permit is not secured for the project within
the time limits specified above, the Architectural Review Board approval shall expire and
be of no further force or effect.
If you have any questions regarding the amount ofthe development fees or the nature ofthe
dedications, reservations or exactions imposed in connection with your project, please call.
Should you have any questions regarding this ARB acti on, please do not hesitate to call me at
(650)617-3119.
Sincerely,
,0" Ci/~~v:>·l,~:l=: =================~=-::....:-=-...::..=--.::...---=-=---==
Russ Reich
Senior Planner
Attachment:
A. ARB Findings
B. DEE Findings
C. Variance Findings