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HomeMy WebLinkAbout1998-11-23 City Council (15)City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL -CITY MANAGER 2 DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:NOVEMBER 23, 1998 CMR:444:98 SUBJECT:4290 EL CAMINO REAL-(CABANA HOTEL); APPLICATION BY CARRASCO & ASSOCIATES FOR APPROVAL OF A FINAL SUBDMSION MAP TO SUBDIVIDE THE 10.26-ACRE CABANA HOTEL PROPERTY INTO 14 SINGLE-FAMILY-RESIDENTIAL LOTS AND ONE PARCEL FOR THE CABANA HOTEL FACILITIES. TRACT NO. 9071 RECOMMENDATION Staff recommends that the City Council approve the Final Subdivision Map for 4290 E1 Camino Real. BACKGROUND On September 8, 1997, the City Council approved planning applications (including a Tentative Map) for the subdivision of the 10.61 acre Cabana Hotel site, located at 4290 E1 Camino Real. City approvals permit a subdivision of 14 single-family residential lots for the western 6.82 acres (Glenbrook Drive extension) and one 3.24-acre parcel for the hotel facility and grounds. The Tentative Map was approved with numerous conditions, which include the following significant requirements: Subdivision Agreement. The subdivision agreement is required to provide security for off-site improvements and to address the Below Market Rate 03MR) housing requirement. The BMR requirement is being met through an in-lieu payment, which is to be paid in two phases. A first phase payment of $233,000 is made at time of Final Map approval. A second phase payment (estimated at $292,900) is made at the time building permits are issued for each lot. Because the second portion of the BMR payment will be made after the Final Map is recorded, the subdivider is posting a bond as security. CMR:444:98 Page 1 of 4 "~ The BMR payment requirement is addressed in Tentative Map condition #27 (see Attachment 2). o Final Conditions. Covenants and Restrictions (CC & Rs). Subdivision CC &Rs have been prepared to address the 14 single-family residential lots. The CC & Rs include acknowledgment of restrictive setbacks on selected lots, tree removal and replacement requirements, home design provisions and prohibition of permanent access to the Cabana Hotel parcel (see Attachment 2, Tentative Map condition # 12). Hotel "Parking Performance Plan" Agreement. The project approvals require that the hotel parcel owner and the hotel operator enter into a contract with the City to address the required "parking performance plan" (see Attachment 2, Tentative Map condition #16). The agreement confirms the obligations of the property owner and the hotel operator to implement the parking plan. The purpose of the plan is to ensure that adequate parking is available during peak periods of hotel use (mitigation measure for granting a significant reduction in minimum parking requirements). The agreement also confums that the property owner and the hotel operator are required to secure a conditional use permit for the hotel meeting and conference room facilities. Consistent with the provisions of the Planned Community Zone District ordinance for the hotel parcel, the conditional use permit must be secured by March 1999. The conditional use permit will serve as the City’s regulatory process for monitoring the implementation of the parking plan. o Resolution of access over existing terminus of Glenbrook.Drive, The proposed extension of Glenbrook Drive included access over a one-foot-wide strip of land that is located between the existing street right-of-way and the subject property. The ownership of the one-foot strip of land had been the subject of dispute between the adjacent .Green Acres residents and the project sponsor. As a condition of approval, the project sponsor was required to secure access prior to the City’s approval of the Final Map (see Attachment 2, Tentative Map condition #15). On March 13, 1998, a settlement agreement was reached establishingaccess rights. DISCUSSION The Final Map and subdivision improvement plans have been reviewed by the City Engineer. The map and accompanying plans are in conformance with the approved Tentative Map, the State of California Subdivision Map Act, and ilae Palo Alto Municipal Code. All conditions of approval, including the execution of a subdivision agreement and a parking performance plan contract between the City and subdivider have been met. Compliance with approved Tentative Map conditions is noted in Attachment 2 (handwritten notes in left margin). CMR:444:98 Page 2 of 4 ~SOURCE IMPACT Resource impacts were addressed as part of the City’s review and approval of the project. The project will result in the development of 14 new single-family homes, which will be required to pay City permit fees. In addition, the project is subject to an in-lieu payment to satisfy Below Market Rate housing requirements. POLICY IMPLICATIONS The project was reviewed for compliance with the policies .and programs of the Palo Alto Comprehensive Plan as part of the PC Zone District rezoning and Tentative Map approval process. Approval of the Final Map will allow the development to proceed, which will assist in carrying out the City’s Comprehensive Plan housing goals. .TIME LINE Approval of the Final Map is a ministerial action and is therefore, not subject to the process time limits of the Permit Streamlining Act. However, the Title 21 (Subdivisions) of the Palo Alto Municipal Code establishes time lines for processing Final Maps. Once a Final Map has been certified by the City Engineer and the Director of Planning, the map is filed with the City Clerk. The City Council must consider the Final Map and any offers of dedication at the Council’s first meeting following receipt of the map. As this is the first City meeting following final receipt of the map and agreements, the City Council must consider this application at this meeting. ENVIRONMENTAL REVIEW A Mitigated Negative Declaration was prepared and approved prior to the approval of the Tentative Map. Approval of the proposed Final Map is a ministerial action under the California Environmental Quality Act, which requires no environmental review. ATTACHMENTS: Attachment 1:Location/Vicinity Map Attachment 2:Tentative Map Conditions of Approval Final Map, Subdivision Agreement, Parking Performance Plan Contract, and Subdivision Conditions, Covenants and Restrictions [Council Members only] PREPARED BY: Paul Jensen, Contract Planner DEPARTMENT HEAD REVIEW: Director of Planning and Community Environment CMR:444:98 Page 3 of 4 CITY MANAGER APPROVAL: SON ~ Assistant City Manager CC:Tony Carrasco/Linda Ludden-Poncini, Carrasco & Associates, 120 Hamilton Avenue, Palo Alto, CA 94301 B.B. Patel, Cabana Hotel, 4290 E1 Camino Real, Palo Alto, CA 94306 Dave Ross, Jack & Cohen Builders, 975 High Street, Palo Alto, CA 94301 Kent Mitchell, Attorney at Law, Mitchell and Herzog, 550 Hamilton Avenue, Suite 236, Palo Alto, CA 94301 Gloria Kreitman, Green Acres Improvement Association, 4216 Los Palos Avenue, Palo Alto, CA 94306 Larry Tong, Planning Director, City of Los Altos, One North San Antonio Road, Los Altos, CA 94022-3088 Stephen Fox, Association Manager, Palo Alto Redwoods; c/o: PML Management, 655 Mariners Island Boulevard,. Suite 101, San Mateo, CA 94404 Richard Bartlett, Rancho Laureles Preservation Association, 1138 Laureles Drive, Los Altos, CA 94022 Marsha Penn, Rancho Laureles Preservation Association, 1176 Laureles Drive, Los Altos, CA 94022 CMR:444:98 Page 4 of 4 \ ~ ATTACBMENT #1 RM-30 Pro’eel;: 4290 El Camino Real 2.Comprehensive Plan Amendment, from 5ervic, e Commercial to 5ingle-. Family Residen~,ial an~i Zone Change from Planned Community (PC) ~,o 5ingle-Family Re~iden~,ial of :5.24 North 400ft /~OOft ~ ~cal~: 1 inch = 400 ~ ATTACHMENT #2 CONDITIONS FOR TENTATIVE SUBDIVISION MAP 96-SUB-5 Please note that a separate set of conditions.app!y to applications #96-ZC-13 and #96-ARB-!68. These conditions address specific site and building improvements for the 6.82 acre Cabama Hotel parcel. Prior to Filing the Final Subdivision Map for Approval and Recordation i.This map was processed concurrently with a Comprehensive Plan amendment (96-CPA-4) and a zone change (96-ZC-13). Approval C~nd~of the Tentative Map shall not be effective until the ~’effective date of the rezoning ordinances for the PC (Planned Community) and R-I (Single-Family Residential) rezoning. The Final Map and Improvement Plans shall incorporate the required mitigation measures presented in the Environmental Assessment/Mitigated Negative Declaration (96-EIA-32), and the approved Mitigation Monitoring and Reporting Program, both on file with the Department of Planning and community Environment. 3.All construction, improvements and grading activity proposed within the E! Camino Real (SR 82) right-of-way may. be subject Cah~u~ to approvals and/or permits from the State Department of ~m%~ Transportation (Caltrans). If intersection improvements are ~~4. incorporated into the Final Map improvement plans, the project sponsor shall be requiredto submit, with the Final Subdivision Map, a written authorization or proof of an approved permit for construction activities within the Caltrans right-of-way encroachment permit. 4.All construction and grading activities proposed within Adobe Creek may be subject to approvals and/or permits from the ~iV~ Santa Clara Valley Water District (SCVWD), California C~R=~ Department of Fish and Game (CDFG - streamed alteration), and ~~ the US Army Corps of Engineers. The following shal! be ~/~-submitted with the Fina! Subdivision Map: " A written determination from CDFG that the proposed actions do not fall within their jurisdiction, or that a standard streamed alteration agreement has been executed for authorized work within the creek. bo Proof of authorization and/or permits from the US Army Corps of Engineers for outfall construction and associated grading within the Adobe Creek (Nationwide Permit ) . A written authorization and/or proof of an approved permit from the SCVWD, for all construction and grading work within the Adobe Creek and/or properties owned by SCVWD. In addition to approvals/permits for construction of outfalls, the SCVWD may ~equire an easement for future construction of an access ramp, through the hotel parcel to_the_creek. If.~this easement is required by SCVWD, it shall appear on the Final Map. 5. The name of theresidential cul-de-sac (Glenbrook Court) shall ~~n.be changed to Glenbrook Drive. This name change shall appear ~#. on the Final Subdivision Map. 6.A detailed.grading and drainage plan shall be prepared. The plan shall include the following: The _ detail plan shall include the submittal and implementation of adrainage and erosion controlplan to ensure that the potentia! for erosion is minimized. The plan shall include a detailed program addressing the removal, transport and crushing of the existing Bsphalt in the rear. (western) parking lot. If the .crushed asphalt is used as base material for the.front (eastern) hotel parking lot, it shall be placed only in areas that are proposed to be paved for parking. No crushed asphalt shall be used in areas proposed for landscaping or planting. F611owing installation of the base material, the project sponsor shall contact the City Planning Division for a site inspection. The City Staff shall inspect the area to ensure cbmp~iance with this mitigation measure. Drainage for the residential subdivision improvements shall be designed with a c!osed, stormwater drainage system. This system shall be designed so that all run- off is collected and deposited into Adobe Creek at one outfall location. Residentia! subdivision grading shall be designed so that all lot run-off is directed into the closed drainage system. 09/08/97 84-228 Drainage for the eastern 6.82 acre hotel parcel shall include the installation of a new culvert into Adobe Creek. e.The final design of all new stormwater drainage outfalls shall include the installation of an acceptable, biotechnical erosion control measure (e.g., techniques C~~such as mixture of local rock, woody material and native ~.planting). Use of sacked concrete or rock rip-rap for ~IVW~.erosion ~control shall not be permitted. Ultimate design ~.¢~z~ ~ and materials for outfall erosion control shall be ~~.~ determined based on consultation with the Santa Clara ~ ,Valley Water District. In addition,~ the construction of ~n5~.the outfall shal! avoid impacts to or removal of native/riparian trees. If tree removal is necessary to construct the outfall, removal shall be limited to non- native trees and shall be noted on the final grading and drainage plan and shall include details for replanting. All-catch basins shall be stenciled with the approved City logo and the word "No Dumping! Flows to Adobe Creek." This shall be noted on the plans. Anoverland flow path flow must~be provided between Lots i0 and ll.to provide a release point from the cul-de-sac in the event of flooding.beyond the capacity of the storm drainage system. 7.The proposed development will result in a change in the impervious area of the property. The project sponsor shall ~~provide calculations showing the adjusted impervious area, ~h submitted with the Final Map. A storm drainage fee adjustment wil! take place in the month following the approval of construction by the Building Inspection Division. 8. All utility meters, lines, transformers, backflow preventers, ~~ and any other required Utilities, shall be shown on the final ~. landscaping and irrigation plans and shall show that no ~ conflict will occur between the utilities and the landscape ;~materials and shall be screened in a manner which respects the ¯ buildfng design and setback.requirements, subject to ARB review and approval. The following permits shall be secured from the Department.of Public Works: o9/o8/97 84-229 ao An Encroachment Permit for use of and improvements to the sidewalk, street and alley. A Permit for Construction in the Public Street. A Grading and Excavation Permit. Any construction within the CPA right-of-way, easements or other property controlled by the City of Palo Alto must conform to the standards established in the CPA Standard Specifications for Utilities.Department and the Public Works Department. I0.The Final Subdivision Map and improvement plans as well as construction drawings for issuance of a building permit for ~~ the hotel parce! shall comply with or include all conditions b~ Lrecommended by the Utilities Engineering Division summarized ~wiI{ in the memorandum from Jose Jovel, dated October 25, 1996, on ~ file with the Department of Planning and Community ~h~!~. Environment. Utility Engineering Division. (See Attachment ~~9 of staff report). II.A construction logistics plan shall be submitted for review and approval by the Transportation Division and Public Works Engineering Department, addressing at minimum parking, truck routes and staging, materials storage, and the provision of ~[~ pedestrian and vehicular traffic adjacent to the construction ~site.All truck routes shall conform thetoCity of Palo ~|~h~ Alto’s Truck and Truck Route Ordinance, Chapter 10.48, and the ~ ~ route map which outlines truck routes available throughout the ~ .~y City of Palo Alto. The logistics plans shall be prepared to ~.m~ ¯ ~nsure that, for the first 12 months of grading and~~~nstruction for the subdivision and hotel site improvements, al! construction vehicle access shall be routed eastward, through the hotel site, to E1 Camino Real. The logistics plan shall identify an access point and staging area to the residential subdivision, designed to ensure minimal impacts to the hotel improvements and operation on the 6.82 acre hotel parcel. In addition, the routing of construction traffic shall include use of the southern, one-way access road (south side of hotel facility) for lighter-weight, 2-axle construction vehicles only. Any reinforcements to this road that are required to protect the road and/or adjacent creek slope banks shall be made based on the recommendations of the project geotechnical engineer, as approved by Public Works Engineering. 12.Final Conditions, Covenants and Restrictions (CC&Rs) shall be ~i~submitted for review and approval by City departments to ~_f~&determine compliance with the Tentative Map conditions. The ~~final CC&Rs shall include the tree preservation and protection ~_u~a~provisions presented in Section 3.03 of the draft subdivision ~~.’-CC&Rs, on file w~th the City. ¯ 13. The Final Subdivision Map shall include a ~non-development" setback along the southern portions of residentia! lots #1-4. .The setback.shall ~be 20 feet .wide, as ~measured from the ~~southernproperty boundary of the subdivision (rear property "~.line of subject lots). The Final Map.shall include a note restricting the use in this setback, prohibiting dwelling units, accessory Structures and swimming pools. The restrictions of this setback shall be included in the provisions of the subdivision CC&Rs. 14. The improvement plans for the Final Subdivision Map shall ~ ,~/ include the placement of firehydrants every 300 feet (Model 76 type). A specific plan showing new and +relocated-hydrants ~" shall be submitted to the Fire Department, prior to the completion of the improvement plans. 15.The property owner shall provide proof that subdivision access and extension of utilities can be provided over the one foot wide strip of land extending over the existing terminus of Glenbrook Drive, thus authorizing the extension of Glenbrook~’~ Drive (the proposed residential cul-de-sac) If, at the time ~w:~~f the filing of the Final Map, the subdivider has neither a) ~~~cquired sufficient title on interest in the required public ~h~ right-of-way in order to allow construction of the improvements and conveyance of same to the City for use by the~ ~%, public, nor b) secured adequate documentation of the existence |~" of the accessory public right-of-way, then the subdivider shall agree to the following: The subdivider shall complete the improvements at such time as the City acquires, or confirms the existence of an interest in the land which wil! permit the improvements to be made, and Do The subdivider shall pay all costs and expenses of the City related to acquisition of, or judicia! confirmation~ of the existence of, a public right-of-way across the one-foot strip of land. Such costs and expenses shall include, but not be limited to, court costs, -appraisal 09/08/97 84-231 expenses, payment, if any, to parties having interests ¯ which must be acquired, and legal fees (whether rendered by City employees or outside counsel). The City may require as part of the agreement, a deposit and/or posting of other security to guarantee payment by subdivider of all costs and expenses. 16. The subdivider shall enter into an agreement with the City of ~~ o Palo Alto, ...which addresses the performance standards and ~+. -.contingency measures required for_implementation of a hotel ~~-.~’parking-performance plan." The implementation.of.this plan ~’~ and requirement for the agreement is outlined in the PC~~.District ordinance for the 6.82 acre hotel parce!(96-ZC-13). The agreement shall be recorded with the approved Final Map at the office of the Santa Clara County Recorder. 17. The final layout and design for the extension of Glenbrook ~~ Drive shall conform, to .Article 9, ~Section ~902, ..meeting ~" specifications for emergencY vehicle access. 18.Prior to recordation of the Final Subdivision Map, final landscaping and .irrigation plans, as well as other pertinent improvement details including but not limited to above ground utility boxes and. apparatus, shall be submitted for review and ~ approval by the Architectural Review Board, the City’ s ~" Planning Arborist, Utility Energy Service Division and ~~ Planning Division. The. final plan shall include the following : ¯ ~Z~’a. ~ Specifications for the removal of fire damaged trees along the north banks of Adobe Creek (south of hote! parcel) . Trees shall be pruned to ensure adequate clearance for the vehicular fire lane. A total of seven street trees shall be planted along the E1 Camino Real frontage, spaced at intervals of,25 feet. Tree species shall be Yarwood London Plane (Plantanus a.) and planted at a 24 inch box size. Planting area shall be a minimum of 3’ x 5’, including area for irrigation. A total of 18 street trees shall be planted along the Glenbrook Drive extension, spaced at intervals of 40 feet. Flowering Pear - "Redspire" (Pyrus calleryana) is an acceptable species, planted at a 36" box size. 09/08/97 84-232 Planting area shall be a minimum of 3’ x 5’, including area for irrigation. All trees with trunk diameters of 6" or greater that are to be removed (as per Sheet L-l, PreliminaryLandscape Plan dated December 19, ~996 and Sheet TRP, Tree Removal Plan dated December 19, 1996) shall be shown on the final landscape plan. Tree replacement shall be two new trees for each tree lost/permanently removed, planted at a 50/50 size mix of~24_inch and.36inch, box size. A mix of deciduous andevergreen_speciesshallbe provided for all -replacement .trees, as approved by the City’s Planning Arborist. Landscaping for the "gateway" feature bordering E1 Camino Real and Adobe Creek shall include 6-7 Coast Redwood (Sequoia sempervirens) or Deodara Cedar (Cedrus deodar)’ planted at a 48" box size, arranged with shorter trees in .~the ~foreground. The ~Fremont~Cottonwood ~(Populus fremontii) species is not acceptable and shall be deleted .from the plan. The landscaping details for the "gateway" feature shall include plans~ for construction ~and installation.of~a..monument-type entry sign to Palo Alto. The sign shall bedesigned based on-consultationwith the Public Works Operations Division and in.accordance with the.sign.specifications provided by the City. The final landscaping and~irrigation plans shall show an area for two pad mounted transformers for the residential portion of the subdivision, one between Lots 13 and 14, and one between Lots 6 and 7. .An area for one above ground switch/LB cabinet is required at Lot 4. An area shal! be identified for a new pad mounted transformer along the E1 Camino Real frontage, to serve the hotel facility/parcel. All utility equipment shall bescreened with landscaping, as approved by the Utilities Department and the ARB. go Final specifications for street lighting along the extension of Glenbrook Drive. no Specifications and/or plans for perimeter fencing along the northern, western and southern property boundaries of the 6.82 acre hotel parcel. For details of this requirement, see condition ll.f. of the Standard Conditions of Approval for 96-ZC-13 and 96-ARB-168. 09/08/97 84-233 Specifications and/or plans addressing landscape treatment, tree protection, parking lot lighting, hotel signage, pavement materials, on-site bicycle parking and pedestrian path details for the 6.82 acre hotel Parcel. For details of this requirement, see conditions ll.g. through ll.l. of the Standard Conditions of Approval for 96-ZC-13 and 96-ARB-168. 19. Submittal of a tree protection plan,~prepared by a certified ..... -arborist,~for review_andapproval by the~Planning.Division and -.the _City,s ..Planning Arborist, and .implemented prior to C~~.-demolition,...grading~and throughout construction. The plan ~%~. shall include implementation of the recommendations contained ~~in Sheet L-I, Preliminary Landscape Plan .(Royston, Hanamoto, ~e~ Alley & Abey), dated December 19, 1996, and Sheet TRP, Tree Remova! Plan, dated December 19, 1996. The plan shall .o~y preserve and protect trees that are not proposed for removal ~ ~ on Sheet TRP (Tree Removal Plan). If additional tree removal ’~~~.~necessary, it shall be-accompanied by a~report"from a certified arborist and a re-planting ratio of 2:1. The plan shall survey and accurately map all trees to be protected and shall include measures for their protection during ~. construction, including, a~temporary construction.fence to be --erected around each tree, or tree cluster that is to be saved. The fence shall consist of portable cyclone fencing or wire mesh,.security attached to meta! posts driven into the ground, or alternative fencing approved in writing by the Planning Division. The purpose of the fencing is to keep all construction activity and storage outside the dripline of the trees. It shall be erected before any construction machinery enters the site, and shall not be removed until the final landscaping grading is completed. The site and landscaping plan shall be designed to provide tree roots with air and water through use of perforated paving or other.permeable surfaces. In order to ensure the protection of the creek during construction, the existing chain-link fence that is located immediately south of the southern, one way access road (hotel site)shall be maintained, in-place, during construction.This chain-link fence shal! be extended westward, along the southern property boundaries of residentia! lots #1-4, terminating at the southwest border of the subject property. 20. All new development on the proposed single-family residential ~~lots shall be subject to Palo Alto Unified School District ~6" (PAUSD) school fees, to be determined by the school district. ’ 0s/08/sv 84-2 4 Proof of fee payment to PAUSD shall be submitted to the" City prior to issuance of a building permit for the single-family residential lots. ~2~ The project sponsor shall be aware that services requiring 400 ~. amps or greater will require a three-phase service. 22.The improvement plans shall show that all sidewalks bordering/crossing the project site shall be repaired in accordance .with Public Works standards. .Approximately 50 ~~ .lineal.feet. of..sidewalk on. the E1 Camino Realfrontage shall ~.- ~.be~removed and replaced. The width of.the sidewalk.must be ~ ~r eight (8) feet to comply with ADA requirements. In addition, ~~ the E1 Camino Real driveway curb ramp shall be repaired or +oa~8~ replaced. The sidewalk improvements may need to include the k~ ~ widening of the existing Santa Clara Valley ~Transportation _~. ,Authority (VTA) bus line stop #22, which fronts the subject T~~a~"3’~o ertp p y.This improvement shal! be determined in consultation with the VTA. 23. The Final Map .shall show the location of all lot lines along C~~ with easements for deed restricted areas and.reciprocal use of ~. .land for private yard areas, common driveways and parking spaces. 24. Easements must be created over parcels crossed by storm ~~ drainage or other utility infrastructure. The storm drainage ~+. easement must extend to the creekoutfall from the inlets on the Glenbrook Drive extension. These easements shal! be shown on the Final Subdivision Map. 25. The app!icant must apply to the Santa Clara County Assessor’s -~f~ Nm" office for a tract number for this subdivision 26.The subdivider shall submit improvement plans for the design of the improvements proposed for the public right-of-way and all public utilities. These improvements shall be installed by the subdivider, at the subdivider’s expense and shall be ~J%~guaranteed by bond or other form of guarantee acceptable to the City Attorney. All public improvements shall be constructed by a licensed contractor and shall conform to the City’s standard specifications, except as modified by this approval (see City Standard Drawing 201). These plans shall include the proposed modifications and improvements to the main hote! driveway intersection with E1 Camino Real. The fina! driveway alignment with E1 Camino Real shal! be designed 09/08/97 84-235 in consultation with Caltrans, the City Transportation Division and Public Works Engineering. The intersection design shall include the installation of a second pedestrian crosswalk over E1 Camino Real. 27. .The subdivider shall enter into a subdivision agreement with the City of PaloAlto. The agreement shall be recorded with ~l~ the approved Final Map at the office of the Santa Clara County A~~+ Recorder, and shal! guarantee the completion of the public ~~. improvements (inclusive of funds to be submitted for City ~construction ofan-entry sign to Palo Alto, to be constructed in the-approved ~gateway" area). This agreement shall include the subdivider’s agreement to fulfill Program 13 of the Palo Alto Comprehensive Plan - Housing Element, below market rate (BMR) housing program, through payment of in-lieu fees. The executed agreement shal! include the in-lieu fee program and fee payment structure outlined in the letter to Carrasco & Associates, Inc., from Ken Schreiber, City of Palo Alto Director of Planning and Community Development, dated May 15, 1997. This agreement requires that the housing mitigation fee for the 14 vacant residential lots be paid to the City prior to City Council approval of the Final Subdivision Map. The ~agreement.~requires that a further mitigation fee be paid at the time the first building permit is issued for each residential lot. 28. A detailed site specific soils report must be submitted to and ~m~;~ approved by Public Works Engineering. This report must include specific recommendations for street design and discuss the suitability of the soil conditions for the proposed development. The tentative map shall be valid for a period of 24 months (2 years) from the date of final approval During Construction 30.~onsistent with t~ approved constrw~tion logistics ~n, for t~first 12 month~ollowing .comm~ement of gradi~and ~ons.~~on for t~ subdivision~mprovements, ~constru~n vehicle, acce~s~ to the west~ single-family ~ resid~n~ia~.~_ubdivision shal~e routed thr~ the hotel~’~arcel to E1 Camino Real. 09/08/97 84-236